1.1                          A bill for an act 
  1.2             relating to crime prevention and judiciary finance; 
  1.3             appropriating money for the judicial branch, public 
  1.4             safety, corrections, criminal justice, crime 
  1.5             prevention, and related purposes; prescribing, 
  1.6             clarifying, and modifying penalties; modifying various 
  1.7             fees, assessments, and surcharges; implementing, 
  1.8             clarifying, and modifying certain criminal and 
  1.9             juvenile provisions; providing for the collection, 
  1.10            maintenance, and reporting of certain data; 
  1.11            implementing, clarifying, and modifying conditions of 
  1.12            conditional release; providing services for disasters; 
  1.13            clarifying and modifying laws involving public 
  1.14            defenders; conveying state land to the city of 
  1.15            Faribault; establishing, clarifying, expanding, and 
  1.16            making permanent various pilot programs, grant 
  1.17            programs, task forces, working groups, reports, and 
  1.18            studies; expanding, clarifying, and modifying the 
  1.19            powers of the commissioner of corrections; amending 
  1.20            Minnesota Statutes 1996, sections 3.739, subdivision 
  1.21            1; 12.09, by adding a subdivision; 13.99, by adding a 
  1.22            subdivision; 152.021, as amended; 152.022, as amended; 
  1.23            152.0261, subdivision 2, and by adding a subdivision; 
  1.24            168.042, subdivisions 12 and 15; 169.121, subdivision 
  1.25            5a; 171.16, subdivision 3; 241.01, subdivision 7, and 
  1.26            by adding a subdivision; 241.021, by adding a 
  1.27            subdivision; 241.05; 242.32, subdivision 1; 243.05, 
  1.28            subdivision 1; 243.166, subdivisions 1 and 5; 243.51, 
  1.29            by adding a subdivision; 244.05, subdivision 7; 
  1.30            260.015, subdivision 21; 260.131, by adding a 
  1.31            subdivision; 260.155, subdivision 1; 260.165, by 
  1.32            adding a subdivision; 260.255; 260.315; 299A.61, by 
  1.33            adding a subdivision; 299C.06; 299C.09; 299F.04, by 
  1.34            adding a subdivision; 299M.01, subdivision 7; 299M.02; 
  1.35            299M.03, subdivisions 1 and 2; 299M.04; 299M.08; 
  1.36            299M.12; 357.021, by adding subdivisions; 390.11, 
  1.37            subdivision 2; 401.02, by adding a subdivision; 
  1.38            488A.03, subdivision 11; 518B.01, subdivisions 3a, 5, 
  1.39            6, and by adding a subdivision; 588.01, subdivision 3; 
  1.40            588.20; 609.095; 609.11, subdivision 5; 609.184, 
  1.41            subdivision 2; 609.185; 609.19, subdivision 1; 
  1.42            609.229, subdivisions 2, 3, and by adding a 
  1.43            subdivision; 609.322, subdivisions 1, 1a, and by 
  1.44            adding a subdivision; 609.3241; 609.341, subdivisions 
  1.45            11 and 12; 609.342, subdivision 1; 609.343, 
  1.46            subdivision 1; 609.344, subdivision 1; 609.345, 
  2.1             subdivision 1; 609.3451, subdivision 3; 609.3461, 
  2.2             subdivisions 1 and 2; 609.347, subdivisions 1, 2, 3, 
  2.3             5, and 6; 609.348; 609.49, subdivision 1; 609.50, 
  2.4             subdivision 2; 609.582; 609.66, subdivision 1e; 
  2.5             609.748, subdivisions 3 and 4; 609.749, subdivision 3; 
  2.6             609A.03, subdivision 2; 611.14; 611.20, subdivisions 
  2.7             3, 4, and 5; 611.26, subdivisions 2, 3, and 3a; 
  2.8             611.263; 611.27, subdivisions 1 and 7; 617.23; 629.34, 
  2.9             subdivision 1; 631.045; and 634.20; Minnesota Statutes 
  2.10            1997 Supplement, sections 97A.065, subdivision 2; 
  2.11            152.023, subdivision 2; 168.042, subdivision 11a; 
  2.12            171.29, subdivision 2; 241.015; 241.277, subdivisions 
  2.13            6, 9, and by adding a subdivision; 242.192; 242.32, 
  2.14            subdivision 4; 243.166, subdivision 4; 243.51, 
  2.15            subdivisions 1 and 3; 244.19, by adding a subdivision; 
  2.16            260.015, subdivisions 2a and 29; 260.161, subdivision 
  2.17            2; 260.165, subdivision 1; 357.021, subdivision 2; 
  2.18            401.01, subdivision 2; 401.13; 504.181, subdivision 1; 
  2.19            518.179, subdivision 2; 518B.01, subdivision 14; 
  2.20            609.101, subdivision 5; 609.11, subdivision 9; 
  2.21            609.113, subdivision 3; 609.135, subdivision 1; 
  2.22            609.2244, subdivisions 1 and 4; 609.52, subdivision 3; 
  2.23            609.749, subdivision 2; 611.25, subdivision 3; and 
  2.24            631.52, subdivision 2; Laws 1996, chapter 365, section 
  2.25            3; Laws 1997, chapter 239, article 1, sections 7, 
  2.26            subdivision 8; and 12, subdivisions 2, 3, and 4; 
  2.27            article 3, section 26; article 4, section 15; article 
  2.28            10, sections 1 and 19; proposing coding for new law in 
  2.29            Minnesota Statutes, chapters 152; 169; 241; 244; 245A; 
  2.30            260; 299C; 401; 604; 609; 611A; 626; and 629; 
  2.31            repealing Minnesota Statutes 1996, sections 260.261; 
  2.32            299M.05; 299M.11, subdivision 3; 401.02, subdivision 
  2.33            4; 609.101, subdivision 1; 609.1352; 609.152; 609.184; 
  2.34            609.196; 609.321, subdivisions 3 and 6; 609.322, 
  2.35            subdivisions 2 and 3; 609.323; 609.346; 609.563, 
  2.36            subdivision 2; 611.216, subdivision 1a; 611.26, 
  2.37            subdivision 9; 611.27, subdivision 2; and 626.861; 
  2.38            Minnesota Statutes 1997 Supplement, sections 243.51, 
  2.39            subdivision 4; 244.19, subdivision 3a; and 611.27, 
  2.40            subdivision 4. 
  2.41  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.42                             ARTICLE 1
  2.43                           APPROPRIATIONS
  2.44  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.45     The sums shown in the columns headed "APPROPRIATIONS" are 
  2.46  appropriated from the general fund, or another named fund, to 
  2.47  the agencies and for the purposes specified in this article to 
  2.48  be available for the fiscal years indicated for each purpose.  
  2.49  The figures "1998" and "1999," where used in this article, mean 
  2.50  that the appropriation or appropriations listed under them are 
  2.51  available for the year ending June 30, 1998, or June 30, 1999, 
  2.52  respectively. 
  2.53                          SUMMARY BY FUND
  2.54                                          1998           1999
  2.55  General Fund Total                $      822,000 $    7,108,000
  3.1   TOTAL                             $      822,000 $    7,108,000
  3.2                                              APPROPRIATIONS 
  3.3                                          Available for the Year 
  3.4                                              Ending June 30 
  3.5                                             1998         1999 
  3.6   Sec. 2.  SUPREME COURT            
  3.7   Subdivision 1.  Total 
  3.8   Appropriation                     $      -0-     $    1,270,000
  3.9   Subd. 2.  Supreme Court 
  3.10  Operations                                                      
  3.11         -0-            120,000 
  3.12  $120,000 is for two positions to 
  3.13  improve financial and human resources 
  3.14  services to the courts.  
  3.15  Up to $5,000 of the amount appropriated 
  3.16  in Laws 1997, chapter 239, article 1, 
  3.17  section 2, subdivision 2, may be used 
  3.18  for the normal operation of the court 
  3.19  for which no other reimbursement is 
  3.20  provided. 
  3.21  Subd. 3.  Civil Legal 
  3.22  Services                                                        
  3.23         -0-            375,000 
  3.24  $375,000 is a one-time appropriation 
  3.25  for civil legal services to low-income 
  3.26  clients. 
  3.27  Subd. 4.  State Court 
  3.28  Administration                                                  
  3.29         -0-            775,000 
  3.30  $200,000 is for a community justice 
  3.31  system collaboration team in the 
  3.32  judicial branch. 
  3.33  $75,000 is a one-time appropriation for 
  3.34  the parental cooperation task force 
  3.35  created in section 17.  
  3.36  $400,000 is a one-time appropriation to 
  3.37  begin the establishment of community 
  3.38  courts.  Of this amount, $200,000 is to 
  3.39  begin a community court in the fourth 
  3.40  judicial district and $200,000 is to 
  3.41  begin a community court in the second 
  3.42  judicial district. 
  3.43  $100,000 is a one-time appropriation 
  3.44  for a grant to the Minneapolis city 
  3.45  attorney for collecting and maintaining 
  3.46  the information required by article 2, 
  3.47  section 29.  This appropriation is 
  3.48  available until expended. 
  3.49  Sec. 3.  COURT OF APPEALS                 60,000        147,000 
  3.50  $60,000 the first year is for a 
  3.51  workers' compensation deficiency. 
  3.52  $90,000 the second year is for a sixth 
  4.1   appellate panel. 
  4.2   $57,000 the second year is for law 
  4.3   clerk salary equity adjustments.  
  4.4   Sec. 4.  DISTRICT COURT                  -0-          1,060,000 
  4.5   $360,000 is for eight additional law 
  4.6   clerk positions. 
  4.7   $700,000 is for law clerk salary equity 
  4.8   adjustments. 
  4.9   The conference of chief judges is 
  4.10  requested to work jointly with the 
  4.11  board of public defense to study the 
  4.12  issue of reimbursements to public 
  4.13  defenders from clients under Minnesota 
  4.14  Statutes, section 611.20.  The 
  4.15  conference and board are requested to 
  4.16  develop a plan to increase the amount 
  4.17  of reimbursements collected and to 
  4.18  recommend necessary changes in law to 
  4.19  accomplish that end.  The conference 
  4.20  and board shall report the results of 
  4.21  the study and their recommendations to 
  4.22  the chairs and ranking minority members 
  4.23  of the senate and house divisions 
  4.24  having jurisdiction over criminal 
  4.25  justice funding by January 15, 1999. 
  4.26  Sec. 5.  BOARD ON JUDICIAL
  4.27  STANDARDS                                -0-             30,000 
  4.28  $30,000 is a one-time appropriation for 
  4.29  costs associated with the investigation 
  4.30  and public hearing regarding complaints 
  4.31  presented to the board. 
  4.32  Sec. 6.  BOARD OF PUBLIC
  4.33  DEFENSE                                  330,000        670,000 
  4.34  $10,000 the first year and $20,000 the 
  4.35  second year are for increased employer 
  4.36  contribution rates for coverage under 
  4.37  the General Plan of the Public 
  4.38  Employees' Retirement Association 
  4.39  (PERA). 
  4.40  $320,000 the first year and $650,000 
  4.41  the second year are for public 
  4.42  defenders in the second and fourth 
  4.43  judicial districts. 
  4.44  Ramsey County and Hennepin County may 
  4.45  not add full- or part-time assistant 
  4.46  public defender positions, but may fill 
  4.47  position vacancies that arise due to 
  4.48  attrition. 
  4.49  The board of public defense, in 
  4.50  cooperation with the supreme court, the 
  4.51  conference of chief judges, and the 
  4.52  association of Minnesota counties, 
  4.53  shall study the issue of public 
  4.54  defender representation under Minnesota 
  4.55  Statutes, sections 260.155, subdivision 
  4.56  2, and 611.14, of juveniles and other 
  4.57  parties in juvenile court proceedings.  
  4.58  By January 15, 1999, the board of 
  4.59  public defense shall make 
  5.1   recommendations to the chairs and 
  5.2   ranking minority members of the senate 
  5.3   and house divisions having jurisdiction 
  5.4   over criminal justice funding on this 
  5.5   issue. 
  5.6   The board of public defense shall study 
  5.7   the compensation levels of its 
  5.8   employees in comparison to those of the 
  5.9   attorney general's office and present 
  5.10  recommendations to the chairs and 
  5.11  ranking minority members of the senate 
  5.12  and house divisions having jurisdiction 
  5.13  over criminal justice funding by 
  5.14  October 15, 1998, regarding a procedure 
  5.15  for board of public defense employees 
  5.16  to be paid comparably to employees in 
  5.17  the attorney general's office. 
  5.18  Sec. 7.  CORRECTIONS
  5.19  Subdivision 1.  Total 
  5.20  Appropriation                            220,000      1,895,000
  5.21  The amounts that may be spent from this 
  5.22  appropriation for each program are 
  5.23  specified in the following subdivisions.
  5.24  Subd. 2.  Correctional Institutions 
  5.25  The commissioner may use operating 
  5.26  funds appropriated in Laws 1997, 
  5.27  chapter 239, article 1, section 12, to 
  5.28  renovate Building 35 to provide for 74 
  5.29  medium security beds at the Moose Lake 
  5.30  Correctional Facility.  An amount up to 
  5.31  $1,500,000 may be used for the 
  5.32  necessary renovation. 
  5.33  $100,000 in dedicated receipts shall 
  5.34  cancel to the general fund on July 1, 
  5.35  1998.  This is a one-time cancellation. 
  5.36  The commissioner may open the Brainerd 
  5.37  facility on or after July 1, 1999, if 
  5.38  the commissioner shows a demonstrated 
  5.39  need for the opening and the 
  5.40  legislature, by law, approves it.  
  5.41  Subd. 3.  Juvenile Services                      
  5.42  The commissioner of corrections and the 
  5.43  commissioner of children, families and 
  5.44  learning shall collaborate in 
  5.45  developing recommendations concerning 
  5.46  funding mechanisms for educational 
  5.47  services at the Minnesota correctional 
  5.48  facilities at Red Wing and, if needed, 
  5.49  at Sauk Centre.  In developing these 
  5.50  recommendations, the commissioners 
  5.51  shall seek the advice of interested 
  5.52  counties and school districts.  The 
  5.53  commissioners shall report their 
  5.54  recommendations to the chairs and 
  5.55  ranking minority members of the senate 
  5.56  and house committees and divisions 
  5.57  having jurisdiction over education and 
  5.58  criminal justice funding and policy by 
  5.59  December 15, 1998. 
  5.60  Subd. 4.  Community Services
  6.1          220,000      1,895,000 
  6.2   $170,000 the first year and $315,000 
  6.3   the second year are for probation and 
  6.4   supervised release for the state 
  6.5   assumption of juvenile and adult 
  6.6   misdemeanant probation services in 
  6.7   Winona county. 
  6.8   $50,000 the first year and $210,000 the 
  6.9   second year are for probation and 
  6.10  supervised release for the state 
  6.11  assumption of juvenile and adult 
  6.12  misdemeanant probation services in 
  6.13  Benton county. 
  6.14  The appropriation in Laws 1997, chapter 
  6.15  239, article 1, section 12, subdivision 
  6.16  2, for the fiscal year ending June 30, 
  6.17  1999, for correctional institutions is 
  6.18  reduced by $1,000,000.  That amount is 
  6.19  added to the appropriation in Laws 
  6.20  1997, chapter 239, article 1, section 
  6.21  12, subdivision 4, for the fiscal year 
  6.22  ending June 30, 1999, and shall be used 
  6.23  for increased grants to counties that 
  6.24  deliver correctional services.  This 
  6.25  money shall be added to the base level 
  6.26  appropriated under Laws 1997, chapter 
  6.27  239, article 1, section 12, subdivision 
  6.28  4, for probation officer workload 
  6.29  reduction and is intended to reduce 
  6.30  state and county probation officer 
  6.31  caseload and workload overcrowding and 
  6.32  to increase supervision of individuals 
  6.33  sentenced to probation at the county 
  6.34  level.  This increased supervision may 
  6.35  be accomplished through a variety of 
  6.36  methods, including, but not limited to: 
  6.37  (1) innovative technology services, 
  6.38  such as automated probation reporting 
  6.39  systems and electronic monitoring; 
  6.40  (2) prevention and diversion programs; 
  6.41  (3) intergovernmental cooperation 
  6.42  agreements between local governments 
  6.43  and appropriate community resources; 
  6.44  and 
  6.45  (4) traditional probation program 
  6.46  services. 
  6.47  Counties that deliver correctional 
  6.48  services under Minnesota Statutes, 
  6.49  section 244.19, and that qualify for 
  6.50  new probation officers under this 
  6.51  program shall receive full 
  6.52  reimbursement for the officers' 
  6.53  benefits and support not to exceed 
  6.54  $70,000 annually.  Positions funded by 
  6.55  this appropriation may not supplant 
  6.56  existing services. 
  6.57  The commissioner shall distribute money 
  6.58  appropriated for state and county 
  6.59  probation officer caseload and workload 
  6.60  reduction according to the formula 
  6.61  contained in Minnesota Statutes, 
  6.62  section 401.10.  This appropriation may 
  7.1   not be used to supplant existing state 
  7.2   or county probation officer positions 
  7.3   or existing correctional services or 
  7.4   programs. 
  7.5   The appropriation in Laws 1997, chapter 
  7.6   239, article 1, section 12, subdivision 
  7.7   2, for the fiscal year ending June 30, 
  7.8   1999, for correctional institutions is 
  7.9   reduced by $222,000.  That amount is 
  7.10  added to the appropriation in Laws 
  7.11  1997, chapter 239, article 1, section 
  7.12  12, subdivision 4, for the fiscal year 
  7.13  ending June 30, 1999, and shall be used 
  7.14  for a one-time grant to Ramsey county 
  7.15  for the development and operation of 
  7.16  the breaking the cycle of violence 
  7.17  pilot project described in section 18.  
  7.18  Ramsey county must provide at least a 
  7.19  one-to-one funding match. 
  7.20  $100,000 the second year is a one-time 
  7.21  appropriation for grants to restorative 
  7.22  justice programs, as described in 
  7.23  Minnesota Statutes, section 611A.775.  
  7.24  In awarding grants under this 
  7.25  provision, the commissioner shall give 
  7.26  priority to existing programs that 
  7.27  involve face-to-face dialogue. 
  7.28  The appropriation for the pilot project 
  7.29  restorative justice program in Laws 
  7.30  1997, chapter 239, article 1, section 
  7.31  12, subdivision 4, must be used for a 
  7.32  grant to an existing restorative 
  7.33  justice program that: 
  7.34  (1) has been operating for at least six 
  7.35  months; 
  7.36  (2) is community-based and neighborhood 
  7.37  driven and that involves citizens who 
  7.38  live and work in the area where an 
  7.39  offender was arrested; 
  7.40  (3) engages neighborhood organizations, 
  7.41  law enforcement, and prosecutors in a 
  7.42  collaborative effort; 
  7.43  (4) features community conferencing; 
  7.44  (5) focuses on urban nuisance crimes 
  7.45  committed by adult offenders; and 
  7.46  (6) has never received government 
  7.47  funding. 
  7.48  $123,000 the second year is a one-time 
  7.49  appropriation to continue the funding 
  7.50  of existing juvenile mentoring pilot 
  7.51  programs created in Laws 1996, chapter 
  7.52  408, article 2, section 8.  At the end 
  7.53  of the pilot programs, the commissioner 
  7.54  shall report findings and 
  7.55  recommendations concerning the pilot 
  7.56  programs to the chairs and ranking 
  7.57  minority members of the house and 
  7.58  senate committees with jurisdiction 
  7.59  over criminal justice and higher 
  7.60  education issues.  This appropriation 
  7.61  is available until expended. 
  8.1   $150,000 the second year is a one-time 
  8.2   appropriation for a grant to the 
  8.3   southwest and west central service 
  8.4   cooperative to operate the child guide 
  8.5   prevention program for children in 
  8.6   kindergarten through grade 6. 
  8.7   $765,000 the second year is to 
  8.8   administer the remote electronic 
  8.9   alcohol monitoring program described in 
  8.10  Minnesota Statutes, section 169.1219. 
  8.11  $63,000 the second year is a one-time 
  8.12  appropriation for a grant to Hennepin 
  8.13  county to be used to continue 
  8.14  implementation and operation of the 
  8.15  community-oriented chemical dependency 
  8.16  pilot project established in Laws 1996, 
  8.17  chapter 408, article 2, section 11. 
  8.18  $700,000 the second year is a one-time 
  8.19  appropriation to expand and enhance 
  8.20  sentence to serve programming.  The 
  8.21  commissioner must attempt to develop 
  8.22  sentence to serve programming that will 
  8.23  generate income and be 
  8.24  self-supporting.  Any funds received by 
  8.25  the state through this programming may 
  8.26  be used for community services 
  8.27  programs.  This appropriation may be 
  8.28  used for a community work crew house 
  8.29  construction project. 
  8.30  By February 1, 1999, the commissioner 
  8.31  of corrections shall report to the 
  8.32  house and senate committees and 
  8.33  divisions with jurisdiction over 
  8.34  criminal justice policy and funding on 
  8.35  how the money appropriated under this 
  8.36  provision for sentence to serve 
  8.37  programming and community services 
  8.38  programming was used. 
  8.39  Whenever offenders are assigned for the 
  8.40  purpose of work under agreement with a 
  8.41  state department or agency, local unit 
  8.42  of government, or other governmental 
  8.43  subdivision, the state department or 
  8.44  agency, local unit of government, or 
  8.45  other governmental subdivision must 
  8.46  certify in writing to the appropriate 
  8.47  bargaining agent that the work 
  8.48  performed by the inmates will not 
  8.49  result in the displacement of currently 
  8.50  employed workers or workers on seasonal 
  8.51  layoff or layoff from a substantially 
  8.52  equivalent position, including partial 
  8.53  displacement such as reduction in hours 
  8.54  of nonovertime work, wages, or other 
  8.55  employment benefits. 
  8.56  The appropriation in Laws 1997, chapter 
  8.57  239, article 1, section 12, subdivision 
  8.58  4, for juvenile residential treatment 
  8.59  grants is reduced by $531,000.  This is 
  8.60  a one-time reduction. 
  8.61  Sec. 8.  CORRECTIONS OMBUDSMAN                -0-        20,000 
  8.62  $20,000 is for agency head salary and 
  8.63  benefit adjustments to the Ombudsman 
  9.1   for Corrections. 
  9.2   Sec. 9.  PUBLIC SAFETY
  9.3   Subdivision 1.  Total       
  9.4   Appropriation                             64,000      1,541,000 
  9.5   The amounts that may be spent from this 
  9.6   appropriation for each program are 
  9.7   specified in the following subdivisions.
  9.8   Subd. 2.  Emergency         
  9.9   Management    
  9.10           -0-          148,000 
  9.11  $50,000 is to fund one full-time staff 
  9.12  person to coordinate volunteer 
  9.13  resources during disasters, as 
  9.14  described in article 11, section 1. 
  9.15  $98,000 is added to the appropriation 
  9.16  in Laws 1997, chapter 239, article 1, 
  9.17  section 7, subdivision 2, and fully 
  9.18  funds the activity by replacing the 
  9.19  existing collection of special revenues 
  9.20  through interagency contracts with a 
  9.21  direct appropriation. 
  9.22  The personnel complement of the 
  9.23  emergency management center in the 
  9.24  division of emergency management is 
  9.25  increased by one-half position. 
  9.26  Subd. 3.  Crime Victim     
  9.27  Ombudsman   
  9.28          64,000        240,000 
  9.29  $64,000 the first year and $165,000 the 
  9.30  second year are for the consolidation 
  9.31  of crime victim services under 
  9.32  provisions of reorganization order 180. 
  9.33  $75,000 the second year is a one-time 
  9.34  appropriation for grants to 
  9.35  organizations providing intensive case 
  9.36  management specific to the needs of 
  9.37  prostituted individuals receiving 
  9.38  housing component services, such as 
  9.39  rental, mortgage, and utility 
  9.40  assistance.  Grantees must provide a 
  9.41  match of five percent in money or 
  9.42  in-kind services.  This appropriation 
  9.43  is available until expended. 
  9.44  The executive director of the center 
  9.45  for crime victim services shall: 
  9.46  (1) maintain the duties, 
  9.47  responsibilities, and diversity of the 
  9.48  battered women advisory council, the 
  9.49  sexual assault advisory council, the 
  9.50  general crime victim advisory council, 
  9.51  and the crime victim and witness 
  9.52  advisory council; 
  9.53  (2) retain crime-specific funding 
  9.54  initiatives; and 
  9.55  (3) conduct focus group meetings around 
 10.1   the state to ascertain victim and 
 10.2   provider priorities. 
 10.3   These requirements stay in effect until 
 10.4   June 30, 1999. 
 10.5   The center for crime victim services is 
 10.6   directed to develop a process for 
 10.7   determining priorities for future 
 10.8   funding requests. 
 10.9   The crime victim ombudsman shall have 
 10.10  responsibility for budgetary matters 
 10.11  related to the duties of the crime 
 10.12  victim ombudsman under Minnesota 
 10.13  Statutes, sections 611A.72 to 611A.74.  
 10.14  The executive director of the center 
 10.15  for crime victim services shall have 
 10.16  responsibility over budgetary matters 
 10.17  related to the center for crime victim 
 10.18  services. 
 10.19  Subd. 4.  Fire Marshal
 10.20         -0-            170,000 
 10.21  $170,000 is to establish, administer, 
 10.22  and maintain the arson investigative 
 10.23  data system described in Minnesota 
 10.24  Statutes, section 299F.04. 
 10.25  Subd. 5.  Criminal Apprehension
 10.26         -0-            233,000 
 10.27  $50,000 is a one-time appropriation to 
 10.28  administer and maintain the conditional 
 10.29  release data system described in 
 10.30  Minnesota Statutes, section 299C.147. 
 10.31  $50,000 is for grants under Minnesota 
 10.32  Statutes, section 299C.065.  
 10.33  $133,000 is to hire two additional 
 10.34  full-time forensic scientists for 
 10.35  processing of latent fingerprint and 
 10.36  other crime scene evidence.  The 
 10.37  addition of these forensic scientists 
 10.38  shall not displace existing staff. 
 10.39  Subd. 6.  Law Enforcement and
 10.40  Community Grants
 10.41         -0-            750,000 
 10.42  $200,000 is a one-time appropriation 
 10.43  for weed and seed grants under 
 10.44  Minnesota Statutes, section 299A.63.  
 10.45  Notwithstanding Minnesota Statutes, 
 10.46  section 299A.63, subdivision 2, at 
 10.47  least 50 percent of the grants awarded 
 10.48  from this appropriation must be awarded 
 10.49  to sites outside the seven-county 
 10.50  metropolitan area.  
 10.51  $450,000 is a one-time appropriation to 
 10.52  purchase automatic external 
 10.53  defibrillators and distribute them as 
 10.54  provided in section 16. 
 10.55  $50,000 is a one-time appropriation for 
 11.1   a grant to the Minnesota safety council 
 11.2   to promote crosswalk safety. 
 11.3   $50,000 is a one-time appropriation for 
 11.4   a grant to the city of Fridley to plan, 
 11.5   design, establish, and begin the 
 11.6   operation of a truancy service center.  
 11.7   The center must serve southern Anoka 
 11.8   county. 
 11.9   Sec. 10.  BOARD OF PEACE    
 11.10  OFFICER STANDARDS AND TRAINING          148,000            -0- 
 11.11  $148,000 is a one-time appropriation 
 11.12  for extraordinary legal costs related 
 11.13  to the settlement and release of a 
 11.14  wrongful discharge claim. 
 11.15  Sec. 11.  ADMINISTRATION                    -0-        100,000
 11.16  $100,000 is a one-time appropriation to 
 11.17  conduct a study or contract for a study 
 11.18  involving the issues of pretrial, 
 11.19  presentence, and conditional release.  
 11.20  At a minimum, the study must address 
 11.21  the following issues: 
 11.22  (1) the extent to which, under current 
 11.23  law, crimes are committed by persons on 
 11.24  pretrial, presentence, or conditional 
 11.25  release, including the numbers and 
 11.26  types of crimes committed: 
 11.27  (2) the extent to which, under current 
 11.28  law, persons on pretrial or presentence 
 11.29  release fail to appear as required by 
 11.30  courts; 
 11.31  (3) the extend to which persons on 
 11.32  pretrial, presentence, or conditional 
 11.33  release currently violate conditions of 
 11.34  release; 
 11.35  (4) the extent to which enactment of a 
 11.36  constitutional amendment and a statute 
 11.37  authorizing pretrial detention would 
 11.38  increase the number of individuals 
 11.39  subject to pretrial detention or the 
 11.40  length of time those individuals are 
 11.41  detained; 
 11.42  (5) the extent to which an amendment to 
 11.43  the Rules of Criminal Procedure 
 11.44  requiring the presentence detention of 
 11.45  persons whose presumptive sentence 
 11.46  under the sentencing guidelines is 
 11.47  commitment to the commissioner of 
 11.48  corrections would increase the number 
 11.49  of persons subject to presentence 
 11.50  detention or the length of time that 
 11.51  those persons are detained; 
 11.52  (6) the extent, if any, to which 
 11.53  increasing the number of individuals 
 11.54  subject to pretrial or presentence 
 11.55  detention or the length of time that 
 11.56  those individuals are detained 
 11.57  decreases the number of crimes 
 11.58  committed by persons on release or the 
 11.59  number of persons not appearing as 
 11.60  directed by the court; 
 12.1   (7) costs associated with increasing 
 12.2   the number of individuals subject to 
 12.3   pretrial or presentence detention or 
 12.4   the length of time that those 
 12.5   individuals are detained; and 
 12.6   (8) an analysis of the comparative 
 12.7   costs of fully funding pretrial 
 12.8   services as compared with the costs of 
 12.9   increased pretrial detention. 
 12.10  The commissioner shall report the 
 12.11  findings of this study to the chairs 
 12.12  and ranking minority members of the 
 12.13  senate and house committees and 
 12.14  divisions having jurisdiction over 
 12.15  criminal justice funding and policy by 
 12.16  January 15, 1999.  The report also must 
 12.17  include recommendations, if any, on how 
 12.18  pretrial and presentence release laws 
 12.19  and rules may be amended within the 
 12.20  current constitutional framework to 
 12.21  lower the risk that persons on release 
 12.22  will commit new offenses or not appear 
 12.23  as directed by the court. 
 12.24  Sec. 12.  HUMAN RIGHTS                   -0-            100,000 
 12.25  $100,000 is a one-time appropriation 
 12.26  for grants to eligible organizations 
 12.27  under article 11, section 23.  No more 
 12.28  than 40 percent of this appropriation 
 12.29  may be used for testing and community 
 12.30  auditing grants and research grants 
 12.31  under article 11, section 23, 
 12.32  subdivision 2, clauses (3) and (4). 
 12.33  Money appropriated under this section 
 12.34  may not be used by the department for 
 12.35  administrative purposes.  Testing 
 12.36  services funded by money appropriated 
 12.37  under this section and used in 
 12.38  department investigations are not 
 12.39  considered administrative purposes. 
 12.40  The commissioner of human rights may 
 12.41  transfer staff and money appropriated 
 12.42  for staffing within the department as 
 12.43  the commissioner sees fit. 
 12.44  Sec. 13.  MINNESOTA STATE COLLEGES AND
 12.45  UNIVERSITIES BOARD                       -0-            200,000
 12.46  $200,000 is a one-time appropriation to 
 12.47  establish a center for applied research 
 12.48  and policy analysis at Metropolitan 
 12.49  State University.  The purpose of the 
 12.50  center is to conduct research to 
 12.51  determine the effectiveness and 
 12.52  efficiency of current criminal justice 
 12.53  programs and explore new methods for 
 12.54  improving public safety.  In addition 
 12.55  to its other functions, the center 
 12.56  shall research matters of public policy 
 12.57  as requested by the legislature. 
 12.58  The center shall study innovative uses 
 12.59  of biometrics in law enforcement and 
 12.60  evaluate the costs associated with 
 12.61  these potential uses.  The study also 
 12.62  shall address any data privacy issues 
 13.1   that are raised by the use of 
 13.2   biometrics in law enforcement.  By 
 13.3   April 1, 1999, the center shall report 
 13.4   the results of the study to the chairs 
 13.5   and ranking minority members of the 
 13.6   senate and house committees and 
 13.7   divisions having jurisdiction over 
 13.8   criminal justice policy and funding. 
 13.9   The center shall conduct a study of the 
 13.10  guilty but mentally ill verdict and 
 13.11  report preliminary findings and 
 13.12  recommendations by March 1, 1999, and 
 13.13  final findings and recommendations by 
 13.14  November 1, 1999, to the chairs and 
 13.15  ranking members of the senate and house 
 13.16  committees and divisions having 
 13.17  jurisdiction over criminal justice 
 13.18  policy and funding.  As part of this 
 13.19  study the center shall examine the laws 
 13.20  of states that have adopted this 
 13.21  verdict and issues associated with its 
 13.22  implementation.  In addition, the 
 13.23  center shall consider other issues 
 13.24  involving mental health and the 
 13.25  criminal justice system such as the 
 13.26  mental illness defense, current mental 
 13.27  health treatment provided to inmates at 
 13.28  state correctional facilities, and 
 13.29  current use of the civil commitment 
 13.30  process. 
 13.31  The center also shall conduct a review 
 13.32  of the criminal justice projects and 
 13.33  programs that have received an 
 13.34  appropriation from the legislature at 
 13.35  any time from 1989 to 1998.  This 
 13.36  review must include, for each program, 
 13.37  a description of the program, the 
 13.38  amount of the appropriation made to the 
 13.39  program each year and the total amount 
 13.40  of appropriations received by the 
 13.41  program during the past ten years, a 
 13.42  summary of the program's stated 
 13.43  objectives at the time the 
 13.44  appropriation was made, an evaluation 
 13.45  of the program's performance in light 
 13.46  of its stated objectives, and any other 
 13.47  related issues that the center believes 
 13.48  will contribute to an accurate 
 13.49  assessment of the program's success.  
 13.50  The center shall issue a preliminary 
 13.51  report by March 1, 1999, and a final 
 13.52  report by November 1, 1999, to the 
 13.53  chairs and ranking minority members of 
 13.54  the senate and house committees and 
 13.55  divisions having jurisdiction over 
 13.56  criminal justice funding and policy on 
 13.57  the results of its review. 
 13.58  Sec. 14.  LEGISLATIVE AUDIT COMMISSION      -0-          75,000 
 13.59  The legislative audit commission is 
 13.60  requested to direct the legislative 
 13.61  auditor to conduct a study or contract 
 13.62  to conduct a study of the costs that 
 13.63  criminal activity places on state and 
 13.64  local communities.  If the audit 
 13.65  commission approves the study, $75,000 
 13.66  is appropriated to the commission to 
 13.67  conduct the study in two phases.  This 
 14.1   appropriation is available until June 
 14.2   30, 2000. 
 14.3   In phase one, the auditor shall 
 14.4   investigate the feasibility of 
 14.5   conducting the research study and, at a 
 14.6   minimum, do the following: 
 14.7   (1) identify and review prior research 
 14.8   studies that have sought to assess the 
 14.9   direct and indirect costs of crime; 
 14.10  (2) evaluate the methodological 
 14.11  strengths and weaknesses of these prior 
 14.12  research studies; 
 14.13  (3) evaluate what types of data would 
 14.14  be needed to conduct such a study and 
 14.15  whether such data are reasonably 
 14.16  available; and 
 14.17  (4) make recommendations concerning how 
 14.18  a research study of the costs of crime 
 14.19  to Minnesota and its communities could 
 14.20  be defined and performed so as to 
 14.21  provide reliable information and 
 14.22  objective conclusions to policymakers 
 14.23  and participants in the criminal 
 14.24  justice system. 
 14.25  By March 15, 1999, the legislative 
 14.26  auditor shall report the results of 
 14.27  phase one of the study to the chairs 
 14.28  and ranking minority members of the 
 14.29  house and senate committees and 
 14.30  divisions having jurisdiction over 
 14.31  criminal justice policy and funding. 
 14.32  In phase two, the auditor shall focus 
 14.33  on both the direct costs to the state 
 14.34  and local governments of responding to, 
 14.35  prosecuting, and punishing criminal 
 14.36  offenders, but also the indirect costs 
 14.37  that criminal activity places on local 
 14.38  communities and their residents.  To 
 14.39  the extent possible, the study shall 
 14.40  compare, by offense type, the costs of 
 14.41  imprisoning an offender to the costs of 
 14.42  criminal behavior if the offender is 
 14.43  not incarcerated.  The auditor shall 
 14.44  report the findings of phase two of the 
 14.45  study to the chairs and ranking 
 14.46  minority members of the senate and 
 14.47  house committees and divisions having 
 14.48  jurisdiction over criminal justice 
 14.49  funding and policy by February 15, 2000.
 14.50     Sec. 15.  Laws 1997, chapter 239, article 1, section 7, 
 14.51  subdivision 8, is amended to read: 
 14.52  Subd. 8.  Law Enforcement and Community Grants
 14.53       3,260,000      2,745,000 
 14.54  The appropriations in this subdivision 
 14.55  are one-time appropriations. 
 14.56  $2,250,000 each year is to provide 
 14.57  funding for: 
 15.1   (1) grants under Minnesota Statutes, 
 15.2   section 299A.62, subdivision 1, clause 
 15.3   (2), to enable local law enforcement 
 15.4   agencies to assign overtime officers to 
 15.5   high crime areas within their 
 15.6   jurisdictions.  These grants shall be 
 15.7   distributed as provided in subdivision 
 15.8   2 of that section.  Up to $23,000 may 
 15.9   be used to administer grants awarded 
 15.10  under this clause; and 
 15.11  (2) weed and seed grants under 
 15.12  Minnesota Statutes, section 299A.63.  
 15.13  This appropriation shall be divided in 
 15.14  equal parts between the two programs.  
 15.15  Money not expended in the first year is 
 15.16  available for grants during the second 
 15.17  year.  
 15.18  By February 1, 1998, the commissioner 
 15.19  shall report to the chairs of the 
 15.20  senate and house divisions having 
 15.21  jurisdiction over criminal justice 
 15.22  funding, on grants made under clauses 
 15.23  (1) and (2). 
 15.24  $50,000 the first year is for Ramsey 
 15.25  county to continue the special unit 
 15.26  enforcing the state nuisance laws.  
 15.27  $50,000 the first year is for one or 
 15.28  more grants to community-based programs 
 15.29  to conduct research on street gang 
 15.30  culture and, based on this research, 
 15.31  develop effective prevention and 
 15.32  intervention techniques to help youth 
 15.33  avoid or end their street gang 
 15.34  involvement.  Each program receiving a 
 15.35  grant shall provide a report to the 
 15.36  criminal gang oversight council that 
 15.37  contains the following information: 
 15.38  (1) the results of the program's 
 15.39  research on street gang culture; 
 15.40  (2) the program's plans for additional 
 15.41  research on street gang culture, if 
 15.42  any; and 
 15.43  (3) the prevention and intervention 
 15.44  techniques developed by the program. 
 15.45  An interim report must be provided to 
 15.46  the council six months after a program 
 15.47  is awarded a grant.  A final report 
 15.48  must be provided to the council by 
 15.49  February 1, 1999.  A copy of each 
 15.50  report also must be provided to the 
 15.51  commissioner of public safety. 
 15.52  Each program receiving a grant also 
 15.53  must provide information and 
 15.54  recommendations on gang culture to the 
 15.55  criminal gang oversight council and 
 15.56  criminal gang strike force, as 
 15.57  requested by the council or strike 
 15.58  force. 
 15.59  $40,000 the first year shall be 
 16.1   transferred as a grant to a nonprofit 
 16.2   organization to be used to meet 
 16.3   one-half of the state match requirement 
 16.4   if the organization receives federal 
 16.5   matching funding to:  (1) acquire 
 16.6   interactive multimedia equipment for 
 16.7   courtroom presentations to aid in the 
 16.8   prosecution of complex homicide and 
 16.9   child fatality cases; and (2) retain a 
 16.10  forensic pathologist skilled in making 
 16.11  such presentations to serve as a 
 16.12  consultant to prosecutors statewide for 
 16.13  one year.  This grant is available only 
 16.14  if the organization obtains funds for 
 16.15  the remainder of the state match from 
 16.16  other sources.  This appropriation is 
 16.17  available until June 30, 1999. 
 16.18  $175,000 the first year is for grants 
 16.19  to the Council on Black Minnesotans to 
 16.20  continue the program established in 
 16.21  Laws 1996, chapter 408, article 2, 
 16.22  section 13. 
 16.23  $250,000 each year is for grants to 
 16.24  local governmental units that have 
 16.25  incurred costs implementing Minnesota 
 16.26  Statutes, section 244.052 or 244.10, 
 16.27  subdivision 2a.  Local governmental 
 16.28  units shall detail the costs they have 
 16.29  incurred along with any other 
 16.30  information required by the 
 16.31  commissioner.  The commissioner shall 
 16.32  award grants in a manner that 
 16.33  reimburses local governmental units 
 16.34  demonstrating the greatest need.  Of 
 16.35  this appropriation, up to $40,000 may 
 16.36  be used for educational equipment and 
 16.37  training to be used for sex offender 
 16.38  notification meetings by law 
 16.39  enforcement agencies around the state. 
 16.40  $120,000 each year is for a grant to 
 16.41  the northwest Hennepin human services 
 16.42  council to administer the northwest 
 16.43  community law enforcement project, to 
 16.44  be available until June 30, 1999.  
 16.45  $75,000 each year is for grants to 
 16.46  Hennepin and Ramsey counties to 
 16.47  administer the community service grant 
 16.48  pilot project program.  
 16.49  $100,000 the first year is for grants 
 16.50  to the city of St. Paul to be used by 
 16.51  the city to acquire and renovate a 
 16.52  building for a joint use police 
 16.53  storefront and youth activity center in 
 16.54  the north end area of St. Paul. 
 16.55  $25,000 the first year is for the 
 16.56  criminal alert network to disseminate 
 16.57  data regarding the use of fraudulent 
 16.58  checks and the coordination of security 
 16.59  and antiterrorism efforts with the 
 16.60  Federal Bureau of Investigation.  This 
 16.61  money is available only if the 
 16.62  commissioner determines the expansion 
 16.63  is feasible.  If the commissioner 
 16.64  determines that one or both of the uses 
 16.65  are not feasible, the commissioner 
 17.1   shall reduce the amount spent 
 17.2   accordingly. 
 17.3   $75,000 the first year is for a grant 
 17.4   to the Fourth Judicial District to plan 
 17.5   for a family violence coordinating 
 17.6   council. 
 17.7      Sec. 16.  [AUTOMATIC EXTERNAL DEFIBRILLATOR DISTRIBUTION 
 17.8   PROGRAM.] 
 17.9      (a) As used in this section, "local law enforcement agency" 
 17.10  includes the capitol complex security division of the department 
 17.11  of public safety. 
 17.12     (b) The commissioner of public safety shall administer a 
 17.13  program to distribute automatic external defibrillators to local 
 17.14  law enforcement agencies.  Defibrillators may only be 
 17.15  distributed to law enforcement agencies that are first 
 17.16  responders for medical emergencies.  Law enforcement agencies 
 17.17  that receive defibrillators under this section must: 
 17.18     (1) provide any necessary training to their employees 
 17.19  concerning the use of the defibrillator; 
 17.20     (2) retain or consult with a physician consultant who is 
 17.21  responsible for assisting the agency with issues involving the 
 17.22  defibrillator and following up on the medical status of persons 
 17.23  on whom a defibrillator has been used; and 
 17.24     (3) compile statistics on the use of the defibrillator and 
 17.25  its results and report this information to the commissioner as 
 17.26  required. 
 17.27     (c) Defibrillators shall be distributed under this section 
 17.28  to local law enforcement agencies selected by the commissioner 
 17.29  of public safety.  However, before any decisions on which law 
 17.30  enforcement agencies will receive defibrillators are made, a 
 17.31  committee consisting of a representative from the Minnesota 
 17.32  chiefs of police association, a representative from the 
 17.33  Minnesota sheriffs association, and a representative from the 
 17.34  Minnesota police and peace officers association shall evaluate 
 17.35  the applications.  The commissioner shall meet and consult with 
 17.36  the committee concerning its evaluations and recommendations on 
 17.37  distribution proposals prior to making a final decision on 
 17.38  distribution. 
 18.1      (d) By January 15, 1999, the commissioner shall report to 
 18.2   the chairs and ranking minority members of the senate and house 
 18.3   divisions having jurisdiction over criminal justice funding on 
 18.4   defibrillators distributed under this section. 
 18.5      (e) The commissioner shall ensure that the defibrillators 
 18.6   distributed under this section are year 2000 ready. 
 18.7      Sec. 17.  [PARENTAL COOPERATION TASK FORCE.] 
 18.8      (a) The supreme court is requested to establish a task 
 18.9   force to evaluate ways to reduce conflict between parents in 
 18.10  proceedings for marriage dissolution, annulment, or legal 
 18.11  separation.  The task force should include representatives of 
 18.12  communities of color and representatives of other groups 
 18.13  affected by the family law system, including parents, children, 
 18.14  judges, administrative law judges, private attorneys, county 
 18.15  attorneys, legal services, court services, guardians ad litem, 
 18.16  mediators, professionals who work with families, domestic abuse 
 18.17  advocates, and other advocacy groups. 
 18.18     (b) The task force shall: 
 18.19     (1) research ways to reduce conflict between parents in 
 18.20  family law proceedings, including the use of parenting plans 
 18.21  that would govern parental obligations, decision-making 
 18.22  authority, and schedules for the upbringing of children; 
 18.23     (2) study the programs and experiences in other states that 
 18.24  have implemented parenting plans; and 
 18.25     (3) evaluate the fiscal implications of parenting plans. 
 18.26     The task force may consider the unofficial engrossment of 
 18.27  1998 H.F. No. 2784, article 3, in its deliberations on parenting 
 18.28  plans. 
 18.29     (c) The supreme court is requested to submit a progress 
 18.30  report under this section to the chairs and ranking minority 
 18.31  members of the house and senate judiciary committees by January 
 18.32  15, 1999, and a final report to these committees by January 15, 
 18.33  2000. 
 18.34     Sec. 18.  [BREAKING THE CYCLE OF VIOLENCE PILOT PROJECT.] 
 18.35     (a) Ramsey county shall establish a one-year pilot project 
 18.36  providing intensive intervention to families who have been 
 19.1   involved in the violent drug culture.  The pilot project must be 
 19.2   divided into three phases.  Phase I must provide up to 90 days 
 19.3   of intensive residential services as an alternative to the 
 19.4   incarceration of adult women and out-of-home placement of their 
 19.5   children.  Phase II must involve placement in a transitional 
 19.6   housing program.  Phase III must involve reintegration into 
 19.7   neighborhood living and responsible citizenship with the 
 19.8   assistance of community-based neighborhood organizations that 
 19.9   are recruited by project staff.  Case management for families 
 19.10  and weekly urine analysis for the adult women must be provided 
 19.11  throughout the project.  
 19.12     (b) By January 15, 2000, Ramsey county shall report to the 
 19.13  chairs and ranking minority members of the senate and house 
 19.14  divisions having jurisdiction over criminal justice funding on 
 19.15  the results of the pilot project. 
 19.16                             ARTICLE 2 
 19.17                      GENERAL CRIME PROVISIONS 
 19.18     Section 1.  Minnesota Statutes 1997 Supplement, section 
 19.19  260.015, subdivision 29, is amended to read: 
 19.20     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 19.21  infliction of bodily harm to a child or neglect of a child which 
 19.22  demonstrates a grossly inadequate ability to provide minimally 
 19.23  adequate parental care.  The egregious harm need not have 
 19.24  occurred in the state or in the county where a termination of 
 19.25  parental rights action is otherwise properly venued.  Egregious 
 19.26  harm includes, but is not limited to: 
 19.27     (1) conduct towards a child that constitutes a violation of 
 19.28  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 19.29  any other similar law of any other state; 
 19.30     (2) the infliction of "substantial bodily harm" to a child, 
 19.31  as defined in section 609.02, subdivision 8; 
 19.32     (3) conduct towards a child that constitutes felony 
 19.33  malicious punishment of a child under section 609.377; 
 19.34     (4) conduct towards a child that constitutes felony 
 19.35  unreasonable restraint of a child under section 609.255, 
 19.36  subdivision 3; 
 20.1      (5) conduct towards a child that constitutes felony neglect 
 20.2   or endangerment of a child under section 609.378; 
 20.3      (6) conduct towards a child that constitutes assault under 
 20.4   section 609.221, 609.222, or 609.223; 
 20.5      (7) conduct towards a child that constitutes solicitation, 
 20.6   inducement, or promotion of, or receiving profit derived from 
 20.7   prostitution under section 609.322; or 
 20.8      (8) conduct towards a child that constitutes receiving 
 20.9   profit derived from prostitution under section 609.323; or 
 20.10     (9) conduct toward a child that constitutes a violation of 
 20.11  United States Code, title 18, section 1111(a) or 1112(a). 
 20.12     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
 20.13  518.179, subdivision 2, is amended to read: 
 20.14     Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
 20.15  following crimes or similar crimes under the laws of the United 
 20.16  States, or any other state: 
 20.17     (1) murder in the first, second, or third degree under 
 20.18  section 609.185, 609.19, or 609.195; 
 20.19     (2) manslaughter in the first degree under section 609.20; 
 20.20     (3) assault in the first, second, or third degree under 
 20.21  section 609.221, 609.222, or 609.223; 
 20.22     (4) kidnapping under section 609.25; 
 20.23     (5) depriving another of custodial or parental rights under 
 20.24  section 609.26; 
 20.25     (6) soliciting, inducing, or promoting, or receiving profit 
 20.26  derived from prostitution involving a minor under section 
 20.27  609.322; 
 20.28     (7) receiving profit from prostitution involving a minor 
 20.29  under section 609.323; 
 20.30     (8) criminal sexual conduct in the first degree under 
 20.31  section 609.342; 
 20.32     (9) (8) criminal sexual conduct in the second degree under 
 20.33  section 609.343; 
 20.34     (10) (9) criminal sexual conduct in the third degree under 
 20.35  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
 20.36     (11) (10) solicitation of a child to engage in sexual 
 21.1   conduct under section 609.352; 
 21.2      (12) (11) incest under section 609.365; 
 21.3      (13) (12) malicious punishment of a child under section 
 21.4   609.377; 
 21.5      (14) (13) neglect of a child under section 609.378; 
 21.6      (15) (14) terroristic threats under section 609.713; or 
 21.7      (16) (15) felony harassment or stalking under section 
 21.8   609.749, subdivision 4. 
 21.9      Sec. 3.  Minnesota Statutes 1996, section 588.20, is 
 21.10  amended to read: 
 21.11     588.20 [CRIMINAL CONTEMPTS.] 
 21.12     Subdivision 1.  [FELONY CONTEMPT.] (a) A person who 
 21.13  knowingly and willfully disobeys a subpoena lawfully issued in 
 21.14  relation to a crime of violence, as defined in section 609.11, 
 21.15  subdivision 9, with the intent to obstruct the criminal justice 
 21.16  process is guilty of a felony and may be sentenced to 
 21.17  imprisonment for not more than five years or to payment of a 
 21.18  fine of not more than $10,000, or both. 
 21.19     (b) A felony charge under this subdivision may be filed 
 21.20  upon the person's nonappearance.  However, the charge must be 
 21.21  dismissed if the person voluntarily appears within 48 hours 
 21.22  after the time required for appearance on the subpoena and 
 21.23  reappears as directed by the court until discharged from the 
 21.24  subpoena by the court.  This paragraph does not apply if the 
 21.25  person appears as a result of being apprehended by law 
 21.26  enforcement authorities. 
 21.27     Subd. 2.  [MISDEMEANOR CONTEMPT.] Every person who shall 
 21.28  commit commits a contempt of court, of any one of the following 
 21.29  kinds, shall be is guilty of a misdemeanor: 
 21.30     (1) disorderly, contemptuous, or insolent behavior, 
 21.31  committed during the sitting of the court, in its immediate view 
 21.32  and presence, and directly tending to interrupt its proceedings, 
 21.33  or to impair the respect due to its authority; 
 21.34     (2) behavior of like character in the presence of a 
 21.35  referee, while actually engaged in a trial or hearing, pursuant 
 21.36  to an order of court, or in the presence of a jury while 
 22.1   actually sitting for the trial of a cause, or upon an inquest or 
 22.2   other proceeding authorized by law; 
 22.3      (3) breach of the peace, noise, or other disturbance 
 22.4   directly tending to interrupt the proceedings of a court, jury, 
 22.5   or referee; 
 22.6      (4) willful disobedience to the lawful process or other 
 22.7   mandate of a court other than the conduct described in 
 22.8   subdivision 1; 
 22.9      (5) resistance willfully offered to its lawful process or 
 22.10  other mandate other than the conduct described in subdivision 1; 
 22.11     (6) contumacious and unlawful refusal to be sworn as a 
 22.12  witness, or, after being sworn, to answer any legal and proper 
 22.13  interrogatory; 
 22.14     (7) publication of a false or grossly inaccurate report of 
 22.15  its proceedings; or 
 22.16     (8) willful failure to pay court-ordered child support when 
 22.17  the obligor has the ability to pay.  
 22.18     No person shall may be punished as herein provided in this 
 22.19  subdivision for publishing a true, full, and fair report of a 
 22.20  trial, argument, decision, or other court proceeding had in 
 22.21  court.  
 22.22     Sec. 4.  Minnesota Statutes 1996, section 609.11, 
 22.23  subdivision 5, is amended to read: 
 22.24     Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
 22.25  paragraph (b), any defendant convicted of an offense listed in 
 22.26  subdivision 9 in which the defendant or an accomplice, at the 
 22.27  time of the offense, had in possession or used, whether by 
 22.28  brandishing, displaying, threatening with, or otherwise 
 22.29  employing, a firearm, shall be committed to the commissioner of 
 22.30  corrections for not less than three years, nor more than the 
 22.31  maximum sentence provided by law.  Any defendant convicted of a 
 22.32  second or subsequent offense in which the defendant or an 
 22.33  accomplice, at the time of the offense, had in possession or 
 22.34  used a firearm shall be committed to the commissioner of 
 22.35  corrections for not less than five years, nor more than the 
 22.36  maximum sentence provided by law.  
 23.1      (b) Any defendant convicted of violating section 609.165 or 
 23.2   624.713, subdivision 1, clause (b), shall be committed to the 
 23.3   commissioner of corrections for not less than 18 months five 
 23.4   years, nor more than the maximum sentence provided by law.  Any 
 23.5   defendant convicted of a second or subsequent violation of 
 23.6   either of these sections shall be committed to the commissioner 
 23.7   of corrections for not less than five years, nor more than the 
 23.8   maximum sentence provided by law. 
 23.9      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 23.10  609.11, subdivision 9, is amended to read: 
 23.11     Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
 23.12  mandatory minimum sentences shall be served as provided in this 
 23.13  section are:  murder in the first, second, or third degree; 
 23.14  assault in the first, second, or third degree; burglary; 
 23.15  kidnapping; false imprisonment; manslaughter in the first or 
 23.16  second degree; aggravated robbery; simple robbery; first-degree 
 23.17  or aggravated first-degree witness tampering; criminal sexual 
 23.18  conduct under the circumstances described in sections 609.342, 
 23.19  subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 
 23.20  clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to 
 23.21  (e) and (h) to (j); escape from custody; arson in the first, 
 23.22  second, or third degree; drive-by shooting under section 609.66, 
 23.23  subdivision 1e; harassment and stalking under section 609.749, 
 23.24  subdivision 3, clause (3); possession or other unlawful use of a 
 23.25  firearm in violation of section 609.165, subdivision 1b, or 
 23.26  624.713, subdivision 1, clause (b), a felony violation of 
 23.27  chapter 152; or any attempt to commit any of these offenses. 
 23.28     Sec. 6.  Minnesota Statutes 1996, section 609.184, 
 23.29  subdivision 2, is amended to read: 
 23.30     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
 23.31  a person to life imprisonment without possibility of release 
 23.32  under the following circumstances: 
 23.33     (1) the person is convicted of first degree murder under 
 23.34  section 609.185, clause (2) or (4); or 
 23.35     (2) the person is convicted of committing first degree 
 23.36  murder in the course of a kidnapping under section 609.185, 
 24.1   clause (3); or 
 24.2      (3) the person is convicted of first degree murder under 
 24.3   section 609.185, clause (1), (3), (5), or (6), and the court 
 24.4   determines on the record at the time of sentencing that the 
 24.5   person has one or more previous convictions for a heinous crime. 
 24.6      Sec. 7.  Minnesota Statutes 1996, section 609.185, is 
 24.7   amended to read: 
 24.8      609.185 [MURDER IN THE FIRST DEGREE.] 
 24.9      Whoever does any of the following is guilty of murder in 
 24.10  the first degree and shall be sentenced to imprisonment for life:
 24.11     (1) causes the death of a human being with premeditation 
 24.12  and with intent to effect the death of the person or of another; 
 24.13     (2) causes the death of a human being while committing or 
 24.14  attempting to commit criminal sexual conduct in the first or 
 24.15  second degree with force or violence, either upon or affecting 
 24.16  the person or another; 
 24.17     (3) causes the death of a human being with intent to effect 
 24.18  the death of the person or another, while committing or 
 24.19  attempting to commit burglary, aggravated robbery, kidnapping, 
 24.20  arson in the first or second degree, a drive-by shooting, 
 24.21  tampering with a witness in the first degree, escape from 
 24.22  custody, or any felony violation of chapter 152 involving the 
 24.23  unlawful sale of a controlled substance; 
 24.24     (4) causes the death of a peace officer or a guard employed 
 24.25  at a Minnesota state or local correctional facility, with intent 
 24.26  to effect the death of that person or another, while the peace 
 24.27  officer or guard is engaged in the performance of official 
 24.28  duties; 
 24.29     (5) causes the death of a minor while committing child 
 24.30  abuse, when the perpetrator has engaged in a past pattern of 
 24.31  child abuse upon the child and the death occurs under 
 24.32  circumstances manifesting an extreme indifference to human life; 
 24.33  or 
 24.34     (6) causes the death of a human being while committing 
 24.35  domestic abuse, when the perpetrator has engaged in a past 
 24.36  pattern of domestic abuse upon the victim and the death occurs 
 25.1   under circumstances manifesting an extreme indifference to human 
 25.2   life. 
 25.3      For purposes of clause (5), "child abuse" means an act 
 25.4   committed against a minor victim that constitutes a violation of 
 25.5   the following laws of this state or any similar laws of the 
 25.6   United States or any other state:  section 609.221; 609.222; 
 25.7   609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 25.8   609.377; 609.378; or 609.713. 
 25.9      For purposes of clause (6), "domestic abuse" means an act 
 25.10  that: 
 25.11     (1) constitutes a violation of section 609.221, 609.222, 
 25.12  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 25.13  609.713, or any similar laws of the United States or any other 
 25.14  state; and 
 25.15     (2) is committed against the victim who is a family or 
 25.16  household member as defined in section 518B.01, subdivision 2, 
 25.17  paragraph (b). 
 25.18     Sec. 8.  Minnesota Statutes 1996, section 609.19, 
 25.19  subdivision 1, is amended to read: 
 25.20     Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
 25.21  Whoever does either of the following is guilty of murder in the 
 25.22  second degree and may be sentenced to imprisonment for not more 
 25.23  than 40 years:  
 25.24     (1) causes the death of a human being with intent to effect 
 25.25  the death of that person or another, but without premeditation; 
 25.26  or 
 25.27     (2) causes the death of a human being while committing or 
 25.28  attempting to commit a drive-by shooting in violation of section 
 25.29  609.66, subdivision 1e, under circumstances other than those 
 25.30  described in section 609.185, clause (3). 
 25.31     Sec. 9.  Minnesota Statutes 1996, section 609.229, 
 25.32  subdivision 2, is amended to read: 
 25.33     Subd. 2.  [CRIMES.] A person who commits a crime for the 
 25.34  benefit of, at the direction of, or in association with, or 
 25.35  motivated by involvement with a criminal gang, with the intent 
 25.36  to promote, further, or assist in criminal conduct by gang 
 26.1   members is guilty of a crime and may be sentenced as provided in 
 26.2   subdivision 3. 
 26.3      Sec. 10.  Minnesota Statutes 1996, section 609.229, 
 26.4   subdivision 3, is amended to read: 
 26.5      Subd. 3.  [PENALTY.] (a) If the crime committed in 
 26.6   violation of subdivision 2 is a felony, the statutory maximum 
 26.7   for the crime is three five years longer than the statutory 
 26.8   maximum for the underlying crime. 
 26.9      (b) If the crime committed in violation of subdivision 2 is 
 26.10  a misdemeanor, the person is guilty of a gross misdemeanor. 
 26.11     (c) If the crime committed in violation of subdivision 2 is 
 26.12  a gross misdemeanor, the person is guilty of a felony and may be 
 26.13  sentenced to imprisonment for not more than one year and a day 
 26.14  three years or to payment of a fine of not more 
 26.15  than $5,000 $15,000, or both. 
 26.16     Sec. 11.  Minnesota Statutes 1996, section 609.229, is 
 26.17  amended by adding a subdivision to read: 
 26.18     Subd. 4.  [MANDATORY MINIMUM SENTENCE.] (a) Unless a longer 
 26.19  mandatory minimum sentence is otherwise required by law, or the 
 26.20  court imposes a longer aggravated durational departure, or a 
 26.21  longer prison sentence is presumed under the sentencing 
 26.22  guidelines and imposed by the court, a person convicted of a 
 26.23  crime described in subdivision 3, paragraph (a), shall be 
 26.24  committed to the custody of the commissioner of corrections for 
 26.25  not less than one year plus one day. 
 26.26     (b) Any person convicted and sentenced as required by 
 26.27  paragraph (a) is not eligible for probation, parole, discharge, 
 26.28  work release, or supervised release until that person has served 
 26.29  the full term of imprisonment as provided by law, 
 26.30  notwithstanding the provisions of sections 242.19, 243.05, 
 26.31  244.04, 609.12, and 609.135. 
 26.32     Sec. 12.  Minnesota Statutes 1996, section 609.322, 
 26.33  subdivision 1, is amended to read: 
 26.34     Subdivision 1.  [INDIVIDUALS UNDER AGE 16.] Whoever, while 
 26.35  acting other than as a prostitute or patron, intentionally 
 26.36  does either any of the following may be sentenced to 
 27.1   imprisonment for not more than 20 years or to payment of a fine 
 27.2   of not more than $40,000, or both: 
 27.3      (1) solicits or induces an individual under the age of 16 
 27.4   years to practice prostitution; or 
 27.5      (2) promotes the prostitution of an individual under the 
 27.6   age of 16 years; or 
 27.7      (3) receives profit, knowing or having reason to know that 
 27.8   it is derived from the prostitution, or the promotion of the 
 27.9   prostitution, of an individual under the age of 16 years. 
 27.10     Sec. 13.  Minnesota Statutes 1996, section 609.322, 
 27.11  subdivision 1a, is amended to read: 
 27.12     Subd. 1a.  [OTHER OFFENSES.] Whoever, while acting other 
 27.13  than as a prostitute or patron, intentionally does any of the 
 27.14  following may be sentenced to imprisonment for not more than ten 
 27.15  15 years or to payment of a fine of not more 
 27.16  than $20,000 $30,000, or both:  
 27.17     (1) solicits or induces an individual at least 16 but less 
 27.18  than 18 years of age to practice prostitution; or 
 27.19     (2) Solicits or induces an individual to practice 
 27.20  prostitution by means of force; or 
 27.21     (3) Uses a position of authority to solicit or induce an 
 27.22  individual to practice prostitution; or 
 27.23     (4) promotes the prostitution of an individual in the 
 27.24  following circumstances:  
 27.25     (a) The individual is at least 16 but less than 18 years of 
 27.26  age; or 
 27.27     (b) The actor knows that the individual has been induced or 
 27.28  solicited to practice prostitution by means of force; or 
 27.29     (c) The actor knows that a position of authority has been 
 27.30  used to induce or solicit the individual to practice 
 27.31  prostitution; or 
 27.32     (3) receives profit, knowing or having reason to know that 
 27.33  it is derived from the prostitution, or the promotion of the 
 27.34  prostitution, of an individual. 
 27.35     Sec. 14.  Minnesota Statutes 1996, section 609.322, is 
 27.36  amended by adding a subdivision to read: 
 28.1      Subd. 1b.  [EXCEPTIONS.] Subdivisions 1, clause (3), and 
 28.2   1a, clause (3), do not apply to: 
 28.3      (1) a minor who is dependent on an individual acting as a 
 28.4   prostitute and who may have benefited from or been supported by 
 28.5   the individual's earnings derived from prostitution; or 
 28.6      (2) a parent over the age of 55 who is dependent on an 
 28.7   individual acting as a prostitute, who may have benefited from 
 28.8   or been supported by the individual's earnings derived from 
 28.9   prostitution, and who did not know that the earnings were 
 28.10  derived from prostitution; or 
 28.11     (3) the sale of goods or services to a prostitute in the 
 28.12  ordinary course of a lawful business. 
 28.13     Sec. 15.  [609.3242] [PROSTITUTION CRIMES COMMITTED IN 
 28.14  SCHOOL OR PARK ZONES; INCREASED PENALTIES.] 
 28.15     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 28.16     (1) "park zone" has the meaning given in section 152.01, 
 28.17  subdivision 12a; and 
 28.18     (2) "school zone" has the meaning given in section 152.01, 
 28.19  subdivision 14a, and also includes school bus stops established 
 28.20  by a school board under section 123.39, while school children 
 28.21  are waiting for the bus. 
 28.22     Subd. 2.  [INCREASED PENALTIES.] Any person who commits a 
 28.23  violation of section 609.324 while acting other than as a 
 28.24  prostitute while in a school or park zone may be sentenced as 
 28.25  follows: 
 28.26     (1) if the crime committed is a felony, the statutory 
 28.27  maximum for the crime is three years longer than the statutory 
 28.28  maximum for the underlying crime; 
 28.29     (2) if the crime committed is a gross misdemeanor, the 
 28.30  person is guilty of a felony and may be sentenced to 
 28.31  imprisonment for not more than two years or to payment of a fine 
 28.32  of not more than $4,000, or both; and 
 28.33     (3) if the crime committed is a misdemeanor, the person is 
 28.34  guilty of a gross misdemeanor. 
 28.35     Sec. 16.  Minnesota Statutes 1996, section 609.49, 
 28.36  subdivision 1, is amended to read: 
 29.1      Subdivision 1.  [FELONY OFFENDERS.] (a) A person charged 
 29.2   with or convicted of a felony and released from custody, with or 
 29.3   without bail or recognizance, on condition that the releasee 
 29.4   personally appear when required with respect to the charge or 
 29.5   conviction, who intentionally fails to appear when required 
 29.6   after having been notified that a failure to appear for a court 
 29.7   appearance is a criminal offense, is guilty of a crime for 
 29.8   failure to appear and may be sentenced to imprisonment for not 
 29.9   more than one year or to payment of a fine of not more than 
 29.10  $3,000, or both not more than one-half of the maximum term of 
 29.11  imprisonment or fine, or both, provided for the underlying crime 
 29.12  for which the person failed to appear, but this maximum sentence 
 29.13  shall, in no case, be less than a term of imprisonment of one 
 29.14  year and one day or a fine of $1,500, or both. 
 29.15     (b) A felony charge under this subdivision may be filed 
 29.16  upon the person's nonappearance.  However, the charge must be 
 29.17  dismissed if the person who fails to appear voluntarily 
 29.18  surrenders within 48 hours after the time required for 
 29.19  appearance.  This paragraph does not apply if the offender 
 29.20  appears as a result of being apprehended by law enforcement 
 29.21  authorities.  
 29.22     Sec. 17.  Minnesota Statutes 1996, section 609.50, 
 29.23  subdivision 2, is amended to read: 
 29.24     Subd. 2.  [PENALTY.] A person convicted of violating 
 29.25  subdivision 1 may be sentenced as follows: 
 29.26     (1) if (i) the act was committed with knowledge that it 
 29.27  person knew or had reason to know that the act created a risk of 
 29.28  death, substantial bodily harm, or serious property damage,; or 
 29.29  (ii) the act caused death, substantial bodily harm, or serious 
 29.30  property damage; or if (iii) the act involved the intentional 
 29.31  disarming of a peace officer by taking or attempting to take the 
 29.32  officer's firearm from the officer's possession without the 
 29.33  officer's consent,; to imprisonment for not more than five years 
 29.34  or to payment of a fine of not more than $10,000, or both; 
 29.35     (2) if the act was accompanied by force or violence or the 
 29.36  threat thereof, and is not otherwise covered by clause (1), to 
 30.1   imprisonment for not more than one year or to payment of a fine 
 30.2   of not more than $3,000, or both; or 
 30.3      (3) in other cases, to imprisonment for not more than 90 
 30.4   days or to payment of a fine of not more than $700, or both.  
 30.5      Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 30.6   609.52, subdivision 3, is amended to read: 
 30.7      Subd. 3.  [SENTENCE.] Whoever commits theft may be 
 30.8   sentenced as follows: 
 30.9      (1) to imprisonment for not more than 20 years or to 
 30.10  payment of a fine of not more than $100,000, or both, if the 
 30.11  property is a firearm, or the value of the property or services 
 30.12  stolen is more than $35,000 and the conviction is for a 
 30.13  violation of subdivision 2, clause (3), (4), (15), or (16); or 
 30.14     (2) to imprisonment for not more than ten years or to 
 30.15  payment of a fine of not more than $20,000, or both, if the 
 30.16  value of the property or services stolen exceeds $2,500, or if 
 30.17  the property stolen was an article representing a trade secret, 
 30.18  an explosive or incendiary device, or a controlled substance 
 30.19  listed in schedule I or II pursuant to section 152.02 with the 
 30.20  exception of marijuana; or 
 30.21     (3) to imprisonment for not more than five years or to 
 30.22  payment of a fine of not more than $10,000, or both, if: 
 30.23     (a) the value of the property or services stolen is more 
 30.24  than $500 but not more than $2,500; or 
 30.25     (b) the property stolen was a controlled substance listed 
 30.26  in schedule III, IV, or V pursuant to section 152.02; or 
 30.27     (c) the value of the property or services stolen is more 
 30.28  than $200 but not more than $500 and the person has been 
 30.29  convicted within the preceding five years for an offense under 
 30.30  this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
 30.31  609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
 30.32  609.821, or a statute from another state, the United States, or 
 30.33  a foreign jurisdiction, in conformity with any of those 
 30.34  sections, and the person received a felony or gross misdemeanor 
 30.35  sentence for the offense, or a sentence that was stayed under 
 30.36  section 609.135 if the offense to which a plea was entered would 
 31.1   allow imposition of a felony or gross misdemeanor sentence; or 
 31.2      (d) the value of the property or services stolen is not 
 31.3   more than $500, and any of the following circumstances exist: 
 31.4      (i) the property is taken from the person of another or 
 31.5   from a corpse, or grave or coffin containing a corpse; or 
 31.6      (ii) the property is a record of a court or officer, or a 
 31.7   writing, instrument or record kept, filed or deposited according 
 31.8   to law with or in the keeping of any public officer or office; 
 31.9   or 
 31.10     (iii) the property is taken from a burning, abandoned, or 
 31.11  vacant building or upon its removal therefrom, or from an area 
 31.12  of destruction caused by civil disaster, riot, bombing, or the 
 31.13  proximity of battle; or 
 31.14     (iv) the property consists of public funds belonging to the 
 31.15  state or to any political subdivision or agency thereof; or 
 31.16     (v) the property stolen is a motor vehicle; or 
 31.17     (4) to imprisonment for not more than one year or to 
 31.18  payment of a fine of not more than $3,000, or both, if the value 
 31.19  of the property or services stolen is more than $200 but not 
 31.20  more than $500; or 
 31.21     (5) in all other cases where the value of the property or 
 31.22  services stolen is $200 or less, to imprisonment for not more 
 31.23  than 90 days or to payment of a fine of not more than $700, or 
 31.24  both, provided, however, in any prosecution under subdivision 2, 
 31.25  clauses (1), (2), (3), (4), and (13), the value of the money or 
 31.26  property or services received by the defendant in violation of 
 31.27  any one or more of the above provisions within any six-month 
 31.28  period may be aggregated and the defendant charged accordingly 
 31.29  in applying the provisions of this subdivision; provided that 
 31.30  when two or more offenses are committed by the same person in 
 31.31  two or more counties, the accused may be prosecuted in any 
 31.32  county in which one of the offenses was committed for all of the 
 31.33  offenses aggregated under this paragraph. 
 31.34     Sec. 19.  [609.5631] [ARSON IN THE FOURTH DEGREE.] 
 31.35     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 31.36  section, the following terms have the meanings given. 
 32.1      (b) "Multiple unit residential building" means a building 
 32.2   containing two or more apartments. 
 32.3      (c) "Public building" means a building such as a hotel, 
 32.4   hospital, motel, dormitory, sanitarium, nursing home, theater, 
 32.5   stadium, gymnasium, amusement park building, school or other 
 32.6   building used for educational purposes, museum, restaurant, bar, 
 32.7   correctional institution, place of worship, or other building of 
 32.8   public assembly. 
 32.9      Subd. 2.  [CRIME DESCRIBED.] Whoever intentionally by means 
 32.10  of fire or explosives sets fire to or burns or causes to be 
 32.11  burned any real or personal property in a multiple unit 
 32.12  residential building or public building is guilty of a gross 
 32.13  misdemeanor and may be sentenced to imprisonment for not more 
 32.14  than one year or to payment of a fine of not more than $3,000, 
 32.15  or both. 
 32.16     Sec. 20.  [609.5632] [ARSON IN THE FIFTH DEGREE.] 
 32.17     Whoever intentionally by means of fire or explosives sets 
 32.18  fire to or burns or causes to be burned any real or personal 
 32.19  property of value is guilty of a misdemeanor and may be 
 32.20  sentenced to imprisonment for not more than 90 days or to 
 32.21  payment of a fine of not more than $700, or both. 
 32.22     Sec. 21.  Minnesota Statutes 1996, section 609.582, is 
 32.23  amended to read: 
 32.24     609.582 [BURGLARY.] 
 32.25     Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
 32.26  enters a building without consent and with intent to commit a 
 32.27  crime, or enters a building without consent and commits a crime 
 32.28  while in the building, either directly or as an accomplice, 
 32.29  commits burglary in the first degree and may be sentenced to 
 32.30  imprisonment for not more than 20 years or to payment of a fine 
 32.31  of not more than $35,000, or both, if:  
 32.32     (a) the building is a dwelling and another person, not an 
 32.33  accomplice, is present in it when the burglar enters or at any 
 32.34  time while the burglar is in the building; 
 32.35     (b) the burglar possesses, when entering or at any time 
 32.36  while in the building, any of the following:  a dangerous 
 33.1   weapon, any article used or fashioned in a manner to lead the 
 33.2   victim to reasonably believe it to be a dangerous weapon, or an 
 33.3   explosive; or 
 33.4      (c) the burglar assaults a person within the building or on 
 33.5   the building's appurtenant property.  
 33.6      Subd. 1a.  [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 
 33.7   OCCUPIED DWELLING.] A person convicted of committing burglary of 
 33.8   an occupied dwelling, as defined in subdivision 1, clause (a), 
 33.9   must be committed to the commissioner of corrections or county 
 33.10  workhouse for not less than six months. 
 33.11     Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
 33.12  building without consent and with intent to commit a crime, or 
 33.13  enters a building without consent and commits a crime while in 
 33.14  the building, either directly or as an accomplice, commits 
 33.15  burglary in the second degree and may be sentenced to 
 33.16  imprisonment for not more than ten years or to payment of a fine 
 33.17  of not more than $20,000, or both, if:  
 33.18     (a) the building is a dwelling; 
 33.19     (b) the portion of the building entered contains a banking 
 33.20  business or other business of receiving securities or other 
 33.21  valuable papers for deposit or safekeeping and the entry is with 
 33.22  force or threat of force; 
 33.23     (c) the portion of the building entered contains a pharmacy 
 33.24  or other lawful business or practice in which controlled 
 33.25  substances are routinely held or stored, and the entry is 
 33.26  forcible; or 
 33.27     (d) when entering or while in the building, the burglar 
 33.28  possesses a tool to gain access to money or property.  
 33.29     Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
 33.30  building without consent and with intent to steal or commit any 
 33.31  felony or gross misdemeanor while in the building, or enters a 
 33.32  building without consent and steals or commits a felony or gross 
 33.33  misdemeanor while in the building, either directly or as an 
 33.34  accomplice, commits burglary in the third degree and may be 
 33.35  sentenced to imprisonment for not more than five years or to 
 33.36  payment of a fine of not more than $10,000, or both. 
 34.1      Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
 34.2   building without consent and with intent to commit a misdemeanor 
 34.3   other than to steal, or enters a building without consent and 
 34.4   commits a misdemeanor other than to steal while in the building, 
 34.5   either directly or as an accomplice, commits burglary in the 
 34.6   fourth degree and may be sentenced to imprisonment for not more 
 34.7   than one year or to payment of a fine of not more than $3,000, 
 34.8   or both. 
 34.9      Sec. 22.  Minnesota Statutes 1996, section 609.66, 
 34.10  subdivision 1e, is amended to read: 
 34.11     Subd. 1e.  [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 
 34.12  in or having just exited from a motor vehicle, recklessly 
 34.13  discharges a firearm at or toward a person, another motor 
 34.14  vehicle, or a building is guilty of a felony and may be 
 34.15  sentenced to imprisonment for not more than three years or to 
 34.16  payment of a fine of not more than $6,000, or both.  If the 
 34.17  vehicle or building is occupied, the person may be sentenced to 
 34.18  imprisonment for not more than five years or to payment of a 
 34.19  fine of not more than $10,000, or both. 
 34.20     (b) Any person who violates this subdivision by firing at 
 34.21  or toward a person, or an occupied building or motor vehicle, 
 34.22  may be sentenced to imprisonment for not more than ten years or 
 34.23  to payment of a fine of not more than $20,000, or both. 
 34.24     (c) For purposes of this subdivision, "motor vehicle" has 
 34.25  the meaning given in section 609.52, subdivision 1, and 
 34.26  "building" has the meaning given in section 609.581, subdivision 
 34.27  2. 
 34.28     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 34.29  609.749, subdivision 2, is amended to read: 
 34.30     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 34.31  who harasses another by committing any of the following acts is 
 34.32  guilty of a gross misdemeanor: 
 34.33     (1) directly or indirectly manifests a purpose or intent to 
 34.34  injure the person, property, or rights of another by the 
 34.35  commission of an unlawful act; 
 34.36     (2) stalks, follows, or pursues another; 
 35.1      (3) returns to the property of another if the actor is 
 35.2   without claim of right to the property or consent of one with 
 35.3   authority to consent; 
 35.4      (4) repeatedly makes telephone calls, or induces a victim 
 35.5   to make telephone calls to the actor, whether or not 
 35.6   conversation ensues; 
 35.7      (5) makes or causes the telephone of another repeatedly or 
 35.8   continuously to ring; 
 35.9      (6) repeatedly mails or delivers or causes the delivery of 
 35.10  letters, telegrams, messages, packages, or other objects; or 
 35.11     (7) engages in any other harassing conduct that interferes 
 35.12  with another person or intrudes on the person's privacy or 
 35.13  liberty knowingly makes false allegations against a peace 
 35.14  officer concerning the officer's performance of official duties 
 35.15  with intent to influence or tamper with the officer's 
 35.16  performance of official duties. 
 35.17     (b) The conduct described in paragraph (a), clauses (4) and 
 35.18  (5), may be prosecuted at the place where any call is either 
 35.19  made or received.  The conduct described in paragraph (a), 
 35.20  clause (6), may be prosecuted where any letter, telegram, 
 35.21  message, package, or other object is either sent or received. 
 35.22     (c) A peace officer may not make a warrantless, custodial 
 35.23  arrest of any person for a violation of paragraph (a), clause 
 35.24  (7). 
 35.25     Sec. 24.  Minnesota Statutes 1996, section 609.749, 
 35.26  subdivision 3, is amended to read: 
 35.27     Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
 35.28  of the following acts is guilty of a felony: 
 35.29     (1) commits any offense described in subdivision 2 because 
 35.30  of the victim's or another's actual or perceived race, color, 
 35.31  religion, sex, sexual orientation, disability as defined in 
 35.32  section 363.01, age, or national origin; 
 35.33     (2) commits any offense described in subdivision 2 by 
 35.34  falsely impersonating another; 
 35.35     (3) commits any offense described in subdivision 2 and 
 35.36  possesses a dangerous weapon at the time of the offense; 
 36.1      (4) commits a violation of engages in harassing conduct, as 
 36.2   defined in subdivision 1, with intent to influence or otherwise 
 36.3   tamper with a juror or a judicial proceeding or with intent to 
 36.4   retaliate against a judicial officer, as defined in section 
 36.5   609.415, or a prosecutor, defense attorney, or officer of the 
 36.6   court, because of that person's performance of official duties 
 36.7   in connection with a judicial proceeding; or 
 36.8      (5) commits any offense described in subdivision 2 against 
 36.9   a victim under the age of 18, if the actor is more than 36 
 36.10  months older than the victim. 
 36.11     Sec. 25.  [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 
 36.12     A community-based organization, in collaboration with a 
 36.13  local governmental unit, may establish a restorative justice 
 36.14  program.  A restorative justice program is a program that 
 36.15  provides forums where certain individuals charged with or 
 36.16  petitioned for having committed an offense meet with the victim, 
 36.17  if appropriate; the victim's family members or other supportive 
 36.18  persons, if appropriate; the offender's family members or other 
 36.19  supportive persons, if appropriate; a law enforcement official 
 36.20  or prosecutor when appropriate; other criminal justice system 
 36.21  professionals when appropriate; and members of the community, in 
 36.22  order to: 
 36.23     (1) discuss the impact of the offense on the victim and the 
 36.24  community; 
 36.25     (2) provide support to the victim and methods for 
 36.26  reintegrating the victim into community life; 
 36.27     (3) assign an appropriate sanction to the offender; and 
 36.28     (4) provide methods for reintegrating the offender into 
 36.29  community life. 
 36.30     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 36.31  631.52, subdivision 2, is amended to read: 
 36.32     Subd. 2.  [APPLICATION.] Subdivision 1 applies to the 
 36.33  following crimes or similar crimes under the laws of the United 
 36.34  States or any other state:  
 36.35     (1) murder in the first, second, or third degree under 
 36.36  section 609.185, 609.19, or 609.195; 
 37.1      (2) manslaughter in the first degree under section 609.20; 
 37.2      (3) assault in the first, second, or third degree under 
 37.3   section 609.221, 609.222, or 609.223; 
 37.4      (4) kidnapping under section 609.25; 
 37.5      (5) depriving another of custodial or parental rights under 
 37.6   section 609.26; 
 37.7      (6) soliciting, inducing, or promoting, or receiving profit 
 37.8   derived from prostitution involving a minor under section 
 37.9   609.322; 
 37.10     (7) receiving profit from prostitution involving a minor 
 37.11  under section 609.323; 
 37.12     (8) criminal sexual conduct in the first degree under 
 37.13  section 609.342; 
 37.14     (9) (8) criminal sexual conduct in the second degree under 
 37.15  section 609.343; 
 37.16     (10) (9) criminal sexual conduct in the third degree under 
 37.17  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
 37.18     (11) (10) solicitation of a child to engage in sexual 
 37.19  conduct under section 609.352; 
 37.20     (12) (11) incest under section 609.365; 
 37.21     (13) (12) malicious punishment of a child under section 
 37.22  609.377; 
 37.23     (14) (13) neglect of a child under section 609.378; 
 37.24     (15) (14) terroristic threats under section 609.713; or 
 37.25     (16) (15) felony harassment or stalking under section 
 37.26  609.749. 
 37.27     Sec. 27.  Laws 1997, chapter 239, article 3, section 26, is 
 37.28  amended to read: 
 37.29     Sec. 26.  EFFECTIVE DATE. 
 37.30     Sections 1 to 20, and 25 are effective August 1, 1997, and 
 37.31  apply to crimes committed on or after that date.  Sections 21 to 
 37.32  23 are effective August 1, 1997, and apply to proceedings 
 37.33  conducted on or after that date, even if the crime was committed 
 37.34  before that date.  Section 24 is effective July 1, 1997. 
 37.35     Sec. 28.  [AMENDMENT TO SENTENCING GUIDELINES.] 
 37.36     Pursuant to Laws 1997, chapter 96, section 11, the proposed 
 38.1   comment contained on page 19 of the January 1998 Minnesota 
 38.2   sentencing guidelines commission's report to the legislature 
 38.3   shall take effect on August 1, 1998. 
 38.4      Sec. 29.  [CRIME REPORTS BY MINNEAPOLIS, HENNEPIN COUNTY, 
 38.5   AND THE HENNEPIN COUNTY DISTRICT COURT REQUIRED.] 
 38.6      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 38.7   following terms have the meanings given: 
 38.8      (1) "crime" refers to any misdemeanor, gross misdemeanor, 
 38.9   enhanced gross misdemeanor, or felony offense; 
 38.10     (2) "neighborhood" means: 
 38.11     (i) a neighborhood as defined for the purposes of the 
 38.12  neighborhood revitalization program under section 469.1831, if 
 38.13  applicable; or 
 38.14     (ii) a planning district as identified and mapped for city 
 38.15  district planning purposes; 
 38.16     (3) "reporting period" means the period from July 1, 1998, 
 38.17  to December 31, 1998; 
 38.18     (4) "types of cases" refers to a categorization of persons 
 38.19  arrested or cited for, charged with, or prosecuted for any crime 
 38.20  including, but not limited to, the following: murder, criminal 
 38.21  sexual conduct, robbery, aggravated assault, burglary, 
 38.22  larceny-theft, motor vehicle theft, arson, domestic assault, 
 38.23  other assaults, prostitution, narcotic controlled substance law 
 38.24  violations, vandalism, other property violations, weapons 
 38.25  offenses, disorderly conduct, and DWI, provided that a person 
 38.26  being arrested for multiple offenses must be categorized by the 
 38.27  most serious offense; and 
 38.28     (5) "types of crime" refers to a categorization of crimes 
 38.29  into the eight part I offense categories and twenty part II 
 38.30  offense categories listed in the uniform crime report published 
 38.31  annually by the federal bureau of investigation. 
 38.32     Subd. 2.  [INFORMATION REQUIRED.] (a) Minneapolis shall 
 38.33  collect and maintain the following information on crimes and 
 38.34  criminal cases occurring within the city: 
 38.35     (1) the number and types of crimes reported to local law 
 38.36  enforcement agencies; 
 39.1      (2) the number of individuals arrested for crimes by local 
 39.2   law enforcement agencies; 
 39.3      (3) the number of tab charges and citations issued for 
 39.4   crimes by local law enforcement agencies; 
 39.5      (4) the number and types of crimes cleared by arrest, 
 39.6   citation or tab charge; 
 39.7      (5) the number and types of cases that are referred to the 
 39.8   city attorney for review or prosecution; 
 39.9      (6) the number and types of cases that result in the 
 39.10  issuance of a criminal complaint by the city attorney; and 
 39.11     (7) the number and types of cases that the city attorney: 
 39.12  (i) dropped, declined, or denied; or (ii) diverted pretrial. 
 39.13     The city attorney shall also note the full-time equivalent 
 39.14  number of attorneys, and the number of cases, by assignment area 
 39.15  for the reporting period. 
 39.16     (b) Hennepin county shall collect and maintain the 
 39.17  following information for criminal cases relating to crimes 
 39.18  occurring within Minneapolis: 
 39.19     (1) the number and types of cases that are referred to the 
 39.20  county attorney for review or prosecution; 
 39.21     (2) the number and types of cases that result in the 
 39.22  issuance of a complaint or indictment; and 
 39.23     (3) the number and types of cases that the county attorney: 
 39.24  (i) dropped, declined, or denied; or (ii) diverted pretrial in 
 39.25  accordance with Minnesota Statutes, section 401.065 or 388.24; 
 39.26     The county also shall determine the date by which it came, 
 39.27  or expects to come, into compliance with Minnesota Statutes, 
 39.28  section 299C.115, regarding warrant information to be provided 
 39.29  electronically statewide. 
 39.30     (c) The Hennepin county district court shall collect and 
 39.31  maintain for cases occurring within Minneapolis: 
 39.32     (1) the disposition of cases filed with the court, 
 39.33  including the number and types of cases resulting in dismissal, 
 39.34  continuance for dismissal, pretrial diversion, guilty plea, 
 39.35  finding of guilt following trial, stay of adjudication or 
 39.36  imposition, or verdict of acquittal; and 
 40.1      (2) the number and types of cases that are referred to the 
 40.2   violations bureau. 
 40.3      (d) Minneapolis, Hennepin county, and the Hennepin county 
 40.4   district court shall jointly determine: 
 40.5      (i) the date by which they had, or plan to have, an 
 40.6   integrated criminal justice information system capable of 
 40.7   regular and full public reporting on the occurrence and handling 
 40.8   of crime and criminal cases; and 
 40.9      (ii) the actual or projected cost of such a system. 
 40.10     Subd. 3.  [REPORTS.] Minneapolis, Hennepin county, and the 
 40.11  Hennepin county district court shall publish by February 1, 1999 
 40.12  a report describing the information required to be collected 
 40.13  under subdivision 2 for the reporting period.  If practicable, 
 40.14  the information reported must be stratified by neighborhood 
 40.15  within Minneapolis.  The report must be submitted to the chairs 
 40.16  and ranking minority members of the house and senate committees 
 40.17  and divisions having jurisdiction over criminal justice policy 
 40.18  and funding. 
 40.19     Sec. 30.  [STUDY OF CERTAIN PROSTITUTION CASES.] 
 40.20     Subdivision 1.  [DEFINITION.] As used in this section, 
 40.21  "prostitution crime" means a violation of Minnesota Statutes, 
 40.22  section 609.324. 
 40.23     Subd. 2.  [COLLECTION OF INFORMATION.] The offices of the 
 40.24  Hennepin and Ramsey county attorneys and sheriffs and the 
 40.25  offices of the Minneapolis and St. Paul city attorneys and 
 40.26  police departments shall collect information on the 
 40.27  investigation and prosecution of prostitution crimes committed 
 40.28  within their respective jurisdictions during calendar year 
 40.29  1997.  The information collected shall include data on the 
 40.30  neighborhood where the offense allegedly was committed and the 
 40.31  city where the perpetrator resides; the number of police calls 
 40.32  or complaints concerning prostitution crimes; the number of 
 40.33  arrests made or citations issued for prostitution crimes; the 
 40.34  age, race, and gender of the individuals arrested; the types of 
 40.35  charges filed in these cases, if any; when the charge is a 
 40.36  violation of Minnesota Statutes, section 609.324; whether the 
 41.1   person charged was acting as a patron or prostitute; and the 
 41.2   disposition of the cases in which prosecutions were initiated, 
 41.3   including the amount of any fine or penalty assessment imposed 
 41.4   and whether the offender participated in any restorative justice 
 41.5   or alternative sentencing measure. 
 41.6      Subd. 3.  [LEGISLATIVE REPORT.] The prosecuting authorities 
 41.7   specified in subdivision 2 shall cooperate in compiling a report 
 41.8   containing the information required to be collected under 
 41.9   subdivision 2 and shall submit the report by December 15, 1998, 
 41.10  to the chairs of the senate crime prevention committee and the 
 41.11  house judiciary committee. 
 41.12     Sec. 31.  [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES; 
 41.13  REPORT.] 
 41.14     (a) On or before December 15, 1998, the commissioner of 
 41.15  corrections shall submit a report to the chairs of the senate 
 41.16  crime prevention committee and the house judiciary committee 
 41.17  concerning the use of money appropriated to the commissioner 
 41.18  from the penalty assessment authorized by Minnesota Statutes, 
 41.19  section 609.3241.  The report shall provide information on the 
 41.20  amount of money appropriated to the commissioner from this 
 41.21  source since fiscal year 1995, and the ways in which the money 
 41.22  has been used to assist individuals who have stopped or wished 
 41.23  to stop engaging in prostitution. 
 41.24     (b) On or before December 15, 1998, the supreme court is 
 41.25  requested to report to the chairs of the senate crime prevention 
 41.26  committee and the house judiciary committee concerning the use 
 41.27  of money collected since fiscal year 1995 from penalty 
 41.28  assessments under Minnesota Statutes, section 609.3241, and used 
 41.29  for the purposes described in Minnesota Statutes, section 
 41.30  626.558, subdivision 2. 
 41.31     Sec. 32.  [REVISOR'S INSTRUCTION.] 
 41.32     The revisor shall delete all cross-references to Minnesota 
 41.33  Statutes, section 609.323, wherever they appear in the next 
 41.34  edition of Minnesota Statutes. 
 41.35     Sec. 33.  [REPEALER.] 
 41.36     Minnesota Statutes 1996, sections 609.321, subdivisions 3 
 42.1   and 6; 609.322, subdivisions 2 and 3; 609.323; and 609.563, 
 42.2   subdivision 2, are repealed. 
 42.3      Sec. 34.  [EFFECTIVE DATE.] 
 42.4      Sections 4 and 22 are effective January 1, 1999, and apply 
 42.5   to crimes committed on or after that date.  Section 9 is 
 42.6   effective June 1, 1998, and applies to crimes committed on or 
 42.7   after that date.  Section 27 is effective the day following 
 42.8   final enactment.  Section 29 applies to the city of Minneapolis 
 42.9   upon its acceptance by the Minneapolis city council pursuant to 
 42.10  Minnesota Statutes, section 645.021, and applies to Hennepin 
 42.11  county upon its acceptance by the Hennepin county board pursuant 
 42.12  to Minnesota Statutes, section 645.021.  Sections 1 to 3, 5 to 
 42.13  8, 10 to 24, 26, 32, and 33 are effective August 1, 1998, and 
 42.14  apply to crimes committed on or after that date. 
 42.15                             ARTICLE 3 
 42.16                           SEX OFFENDERS 
 42.17     Section 1.  Minnesota Statutes 1996, section 243.166, 
 42.18  subdivision 1, is amended to read: 
 42.19     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 42.20  register under this section if:  
 42.21     (1) the person was charged with or petitioned for a felony 
 42.22  violation of or attempt to violate any of the following, and 
 42.23  convicted of or adjudicated delinquent for that offense or 
 42.24  another offense arising out of the same set of circumstances: 
 42.25     (i) murder under section 609.185, clause (2); or 
 42.26     (ii) kidnapping under section 609.25, involving a minor 
 42.27  victim; or 
 42.28     (iii) criminal sexual conduct under section 609.342; 
 42.29  609.343; 609.344; or 609.345; or 609.3451, subdivision 3; or 
 42.30     (iv) indecent exposure under section 617.23, subdivision 3; 
 42.31  or 
 42.32     (2) the person was charged with or petitioned for falsely 
 42.33  imprisoning a minor in violation of section 609.255, subdivision 
 42.34  2; soliciting a minor to engage in prostitution in violation of 
 42.35  section 609.322 or 609.324; soliciting a minor to engage in 
 42.36  sexual conduct in violation of section 609.352; using a minor in 
 43.1   a sexual performance in violation of section 617.246,; or 
 43.2   possessing pictorial representations of minors in violation of 
 43.3   section 617.247, and convicted of or adjudicated delinquent for 
 43.4   that offense or another offense arising out of the same set of 
 43.5   circumstances; or 
 43.6      (3) the person was convicted of a predatory crime as 
 43.7   defined in section 609.1352, and the offender was sentenced as a 
 43.8   patterned sex offender or the court found on its own motion or 
 43.9   that of the prosecutor that the crime was part of a predatory 
 43.10  pattern of behavior that had criminal sexual conduct as its 
 43.11  goal; or 
 43.12     (4) the person was convicted of or adjudicated delinquent 
 43.13  for violating a law of the United States similar to the offenses 
 43.14  described in clause (1), (2), or (3). 
 43.15     (b) A person also shall register under this section if: 
 43.16     (1) the person was convicted of or adjudicated delinquent 
 43.17  in another state for an offense that would be a violation of a 
 43.18  law described in paragraph (a) if committed in this state; 
 43.19     (2) the person enters and remains in this state for 30 days 
 43.20  or longer the state as required in subdivision 3, paragraph (b); 
 43.21  and 
 43.22     (3) ten years have not elapsed since the person was 
 43.23  released from confinement or, if the person was not confined, 
 43.24  since the person was convicted of or adjudicated delinquent for 
 43.25  the offense that triggers registration.  
 43.26     (c) A person also shall register under this section if the 
 43.27  person was committed pursuant to a court commitment order under 
 43.28  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 43.29  regardless of whether the person was convicted of any offense. 
 43.30     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
 43.31  243.166, subdivision 4, is amended to read: 
 43.32     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 43.33  provided to the corrections agent or law enforcement authority, 
 43.34  must consist of a statement in writing signed by the person, 
 43.35  giving information required by the bureau of criminal 
 43.36  apprehension, a fingerprint card, and photograph of the person 
 44.1   taken at the time of the person's release from incarceration or, 
 44.2   if the person was not incarcerated, at the time the person 
 44.3   initially registered under this section.  Registration 
 44.4   information on adults and juveniles may be maintained together 
 44.5   notwithstanding section 260.161, subdivision 3.  
 44.6      (b) Within three days, the corrections agent or law 
 44.7   enforcement authority shall forward the statement, fingerprint 
 44.8   card, and photograph to the bureau of criminal apprehension.  
 44.9   The bureau shall ascertain whether the person has registered 
 44.10  with the law enforcement authority where the person resides.  If 
 44.11  the person has not registered with the law enforcement 
 44.12  authority, the bureau shall send one copy to that authority.  
 44.13     (c) During the period a person is required to register 
 44.14  under this section, the following shall apply: 
 44.15     (1) Each year, within 30 days of the anniversary date of 
 44.16  the person's initial registration, the bureau of criminal 
 44.17  apprehension shall mail a verification form to the last reported 
 44.18  address of the person. 
 44.19     (2) The person shall mail the signed verification form back 
 44.20  to the bureau of criminal apprehension within ten days after 
 44.21  receipt of the form, stating on the form the current and last 
 44.22  address of the person. 
 44.23     (3) If the person fails to mail the completed and signed 
 44.24  verification form to the bureau of criminal apprehension within 
 44.25  ten days after receipt of the form, the person shall be in 
 44.26  violation of this section. 
 44.27     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
 44.28  subdivision 5, is amended to read: 
 44.29     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
 44.30  under this section who knowingly violates any of its provisions 
 44.31  or intentionally provides false information to a corrections 
 44.32  agent, law enforcement authority, or the bureau of criminal 
 44.33  apprehension is guilty of a gross misdemeanor.  A person 
 44.34  convicted of or adjudicated delinquent for violating this 
 44.35  section who previously has been convicted under this section is 
 44.36  guilty of a felony.  A violation of this section may be 
 45.1   prosecuted either where the person resides or where the person 
 45.2   was last assigned to a Minnesota corrections agent. 
 45.3      Sec. 4.  Minnesota Statutes 1996, section 244.05, 
 45.4   subdivision 7, is amended to read: 
 45.5      Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 45.6   Before the commissioner releases from prison any inmate 
 45.7   convicted under sections 609.342 to 609.345 or sentenced as a 
 45.8   patterned offender under section 609.1352, and determined by the 
 45.9   commissioner to be in a high risk category, the commissioner 
 45.10  shall make a preliminary determination whether, in the 
 45.11  commissioner's opinion, a petition under section 253B.185 may be 
 45.12  appropriate.  If the commissioner determines that a petition may 
 45.13  be appropriate, the commissioner shall forward this 
 45.14  determination, along with a summary of the reasons for the 
 45.15  determination, to the county attorney in the county where the 
 45.16  inmate was convicted no later than six 12 months before the 
 45.17  inmate's release date.  If the inmate is received for 
 45.18  incarceration with fewer than 12 months remaining in the 
 45.19  inmate's term of imprisonment, or if the commissioner receives 
 45.20  additional information less than 12 months before release which 
 45.21  makes the inmate's case appropriate for referral, the 
 45.22  commissioner shall forward the determination as soon as is 
 45.23  practicable.  Upon receiving the commissioner's preliminary 
 45.24  determination, the county attorney shall proceed in the manner 
 45.25  provided in section 253B.185.  The commissioner shall release to 
 45.26  the county attorney all requested documentation maintained by 
 45.27  the department. 
 45.28     Sec. 5.  Minnesota Statutes 1996, section 609.341, 
 45.29  subdivision 11, is amended to read: 
 45.30     Subd. 11.  (a) "Sexual contact," for the purposes of 
 45.31  sections 609.343, subdivision 1, clauses (a) to (f), and 
 45.32  609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 
 45.33  includes any of the following acts committed without the 
 45.34  complainant's consent, except in those cases where consent is 
 45.35  not a defense, and committed with sexual or aggressive intent: 
 45.36     (i) the intentional touching by the actor of the 
 46.1   complainant's intimate parts, or 
 46.2      (ii) the touching by the complainant of the actor's, the 
 46.3   complainant's, or another's intimate parts effected by a person 
 46.4   in a position of authority, or by coercion or the use of a 
 46.5   position of authority, or by inducement if the complainant is 
 46.6   under 13 years of age or mentally impaired, or 
 46.7      (iii) the touching by another of the complainant's intimate 
 46.8   parts effected by coercion or the use of a position of authority 
 46.9   or by a person in a position of authority, or 
 46.10     (iv) in any of the cases above, the touching of the 
 46.11  clothing covering the immediate area of the intimate parts. 
 46.12     (b) "Sexual contact," for the purposes of sections 609.343, 
 46.13  subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
 46.14  clauses (f) and (g), includes any of the following acts 
 46.15  committed with sexual or aggressive intent: 
 46.16     (i) the intentional touching by the actor of the 
 46.17  complainant's intimate parts; 
 46.18     (ii) the touching by the complainant of the actor's, the 
 46.19  complainant's, or another's intimate parts; 
 46.20     (iii) the touching by another of the complainant's intimate 
 46.21  parts; or 
 46.22     (iv) in any of the cases listed above, touching of the 
 46.23  clothing covering the immediate area of the intimate parts. 
 46.24     (c) "Sexual contact with a person under 13" means the 
 46.25  intentional touching of the complainant's bare genitals or anal 
 46.26  opening by the actor's bare genitals or anal opening with sexual 
 46.27  or aggressive intent or the touching by the complainant's bare 
 46.28  genitals or anal opening of the actor's or another's bare 
 46.29  genitals or anal opening with sexual or aggressive intent. 
 46.30     Sec. 6.  Minnesota Statutes 1996, section 609.341, 
 46.31  subdivision 12, is amended to read: 
 46.32     Subd. 12.  "Sexual penetration" means any of the following 
 46.33  acts committed without the complainant's consent, except in 
 46.34  those cases where consent is not a defense, whether or not 
 46.35  emission of semen occurs: 
 46.36     (1) sexual intercourse, cunnilingus, fellatio, or anal 
 47.1   intercourse; or 
 47.2      (2) any intrusion however slight into the genital or anal 
 47.3   openings: 
 47.4      (i) of the complainant's body by any part of the actor's 
 47.5   body or any object used by the actor for this purpose; 
 47.6      (ii) of the complainant's body by any part of the body of 
 47.7   the complainant, by any part of the body of another person, or 
 47.8   by any object used by the complainant or another person for this 
 47.9   purpose, when effected by a person in a position of authority, 
 47.10  or by coercion or the use of a position of authority, or by 
 47.11  inducement if the child is under 13 years of age or mentally 
 47.12  impaired; or 
 47.13     (iii) of the body of the actor or another person by any 
 47.14  part of the body of the complainant or by any object used by the 
 47.15  complainant for this purpose, when effected by a person in a 
 47.16  position of authority, or by coercion or the use of a position 
 47.17  of authority, or by inducement if the child is under 13 years of 
 47.18  age or mentally impaired. 
 47.19     Sec. 7.  Minnesota Statutes 1996, section 609.342, 
 47.20  subdivision 1, is amended to read: 
 47.21     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 47.22  sexual penetration with another person, or in sexual contact 
 47.23  with a person under 13 years of age as defined in section 
 47.24  609.341, subdivision 11, paragraph (c), is guilty of criminal 
 47.25  sexual conduct in the first degree if any of the following 
 47.26  circumstances exists: 
 47.27     (a) the complainant is under 13 years of age and the actor 
 47.28  is more than 36 months older than the complainant.  Neither 
 47.29  mistake as to the complainant's age nor consent to the act by 
 47.30  the complainant is a defense; 
 47.31     (b) the complainant is at least 13 years of age but less 
 47.32  than 16 years of age and the actor is more than 48 months older 
 47.33  than the complainant and in a position of authority over the 
 47.34  complainant, and uses this authority to cause the complainant to 
 47.35  submit.  Neither mistake as to the complainant's age nor consent 
 47.36  to the act by the complainant is a defense; 
 48.1      (c) circumstances existing at the time of the act cause the 
 48.2   complainant to have a reasonable fear of imminent great bodily 
 48.3   harm to the complainant or another; 
 48.4      (d) the actor is armed with a dangerous weapon or any 
 48.5   article used or fashioned in a manner to lead the complainant to 
 48.6   reasonably believe it to be a dangerous weapon and uses or 
 48.7   threatens to use the weapon or article to cause the complainant 
 48.8   to submit; 
 48.9      (e) the actor causes personal injury to the complainant, 
 48.10  and either of the following circumstances exist: 
 48.11     (i) the actor uses force or coercion to accomplish sexual 
 48.12  penetration; or 
 48.13     (ii) the actor knows or has reason to know that the 
 48.14  complainant is mentally impaired, mentally incapacitated, or 
 48.15  physically helpless; 
 48.16     (f) the actor is aided or abetted by one or more 
 48.17  accomplices within the meaning of section 609.05, and either of 
 48.18  the following circumstances exists: 
 48.19     (i) an accomplice uses force or coercion to cause the 
 48.20  complainant to submit; or 
 48.21     (ii) an accomplice is armed with a dangerous weapon or any 
 48.22  article used or fashioned in a manner to lead the complainant 
 48.23  reasonably to believe it to be a dangerous weapon and uses or 
 48.24  threatens to use the weapon or article to cause the complainant 
 48.25  to submit; 
 48.26     (g) the actor has a significant relationship to the 
 48.27  complainant and the complainant was under 16 years of age at the 
 48.28  time of the sexual penetration.  Neither mistake as to the 
 48.29  complainant's age nor consent to the act by the complainant is a 
 48.30  defense; or 
 48.31     (h) the actor has a significant relationship to the 
 48.32  complainant, the complainant was under 16 years of age at the 
 48.33  time of the sexual penetration, and: 
 48.34     (i) the actor or an accomplice used force or coercion to 
 48.35  accomplish the penetration; 
 48.36     (ii) the complainant suffered personal injury; or 
 49.1      (iii) the sexual abuse involved multiple acts committed 
 49.2   over an extended period of time. 
 49.3      Neither mistake as to the complainant's age nor consent to 
 49.4   the act by the complainant is a defense. 
 49.5      Sec. 8.  Minnesota Statutes 1996, section 609.343, 
 49.6   subdivision 1, is amended to read: 
 49.7      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 49.8   sexual contact with another person is guilty of criminal sexual 
 49.9   conduct in the second degree if any of the following 
 49.10  circumstances exists: 
 49.11     (a) the complainant is under 13 years of age and the actor 
 49.12  is more than 36 months older than the complainant.  Neither 
 49.13  mistake as to the complainant's age nor consent to the act by 
 49.14  the complainant is a defense.  In a prosecution under this 
 49.15  clause, the state is not required to prove that the sexual 
 49.16  contact was coerced; 
 49.17     (b) the complainant is at least 13 but less than 16 years 
 49.18  of age and the actor is more than 48 months older than the 
 49.19  complainant and in a position of authority over the complainant, 
 49.20  and uses this authority to cause the complainant to submit.  
 49.21  Neither mistake as to the complainant's age nor consent to the 
 49.22  act by the complainant is a defense; 
 49.23     (c) circumstances existing at the time of the act cause the 
 49.24  complainant to have a reasonable fear of imminent great bodily 
 49.25  harm to the complainant or another; 
 49.26     (d) the actor is armed with a dangerous weapon or any 
 49.27  article used or fashioned in a manner to lead the complainant to 
 49.28  reasonably believe it to be a dangerous weapon and uses or 
 49.29  threatens to use the dangerous weapon to cause the complainant 
 49.30  to submit; 
 49.31     (e) the actor causes personal injury to the complainant, 
 49.32  and either of the following circumstances exist: 
 49.33     (i) the actor uses force or coercion to accomplish the 
 49.34  sexual contact; or 
 49.35     (ii) the actor knows or has reason to know that the 
 49.36  complainant is mentally impaired, mentally incapacitated, or 
 50.1   physically helpless; 
 50.2      (f) the actor is aided or abetted by one or more 
 50.3   accomplices within the meaning of section 609.05, and either of 
 50.4   the following circumstances exists: 
 50.5      (i) an accomplice uses force or coercion to cause the 
 50.6   complainant to submit; or 
 50.7      (ii) an accomplice is armed with a dangerous weapon or any 
 50.8   article used or fashioned in a manner to lead the complainant to 
 50.9   reasonably believe it to be a dangerous weapon and uses or 
 50.10  threatens to use the weapon or article to cause the complainant 
 50.11  to submit; 
 50.12     (g) the actor has a significant relationship to the 
 50.13  complainant and the complainant was under 16 years of age at the 
 50.14  time of the sexual contact.  Neither mistake as to the 
 50.15  complainant's age nor consent to the act by the complainant is a 
 50.16  defense; or 
 50.17     (h) the actor has a significant relationship to the 
 50.18  complainant, the complainant was under 16 years of age at the 
 50.19  time of the sexual contact, and: 
 50.20     (i) the actor or an accomplice used force or coercion to 
 50.21  accomplish the contact; 
 50.22     (ii) the complainant suffered personal injury; or 
 50.23     (iii) the sexual abuse involved multiple acts committed 
 50.24  over an extended period of time. 
 50.25     Neither mistake as to the complainant's age nor consent to 
 50.26  the act by the complainant is a defense. 
 50.27     Sec. 9.  Minnesota Statutes 1996, section 609.344, 
 50.28  subdivision 1, is amended to read: 
 50.29     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 50.30  sexual penetration with another person is guilty of criminal 
 50.31  sexual conduct in the third degree if any of the following 
 50.32  circumstances exists:  
 50.33     (a) the complainant is under 13 years of age and the actor 
 50.34  is no more than 36 months older than the complainant.  Neither 
 50.35  mistake as to the complainant's age nor consent to the act by 
 50.36  the complainant shall be a defense; 
 51.1      (b) the complainant is at least 13 but less than 16 years 
 51.2   of age and the actor is more than 24 months older than the 
 51.3   complainant.  In any such case it shall be an affirmative 
 51.4   defense, which must be proved by a preponderance of the 
 51.5   evidence, that the actor believes the complainant to be 16 years 
 51.6   of age or older.  If the actor in such a case is no more than 48 
 51.7   months but more than 24 months older than the complainant, the 
 51.8   actor may be sentenced to imprisonment for not more than five 
 51.9   years.  Consent by the complainant is not a defense; 
 51.10     (c) the actor uses force or coercion to accomplish the 
 51.11  penetration; 
 51.12     (d) the actor knows or has reason to know that the 
 51.13  complainant is mentally impaired, mentally incapacitated, or 
 51.14  physically helpless; 
 51.15     (e) the complainant is at least 16 but less than 18 years 
 51.16  of age and the actor is more than 48 months older than the 
 51.17  complainant and in a position of authority over the complainant, 
 51.18  and uses this authority to cause or induce the complainant to 
 51.19  submit.  Neither mistake as to the complainant's age nor consent 
 51.20  to the act by the complainant is a defense; 
 51.21     (f) the actor has a significant relationship to the 
 51.22  complainant and the complainant was at least 16 but under 18 
 51.23  years of age at the time of the sexual penetration.  Neither 
 51.24  mistake as to the complainant's age nor consent to the act by 
 51.25  the complainant is a defense; 
 51.26     (g) the actor has a significant relationship to the 
 51.27  complainant, the complainant was at least 16 but under 18 years 
 51.28  of age at the time of the sexual penetration, and: 
 51.29     (i) the actor or an accomplice used force or coercion to 
 51.30  accomplish the penetration; 
 51.31     (ii) the complainant suffered personal injury; or 
 51.32     (iii) the sexual abuse involved multiple acts committed 
 51.33  over an extended period of time.  
 51.34     Neither mistake as to the complainant's age nor consent to 
 51.35  the act by the complainant is a defense; 
 51.36     (h) the actor is a psychotherapist and the complainant is a 
 52.1   patient of the psychotherapist and the sexual penetration 
 52.2   occurred: 
 52.3      (i) during the psychotherapy session; or 
 52.4      (ii) outside the psychotherapy session if an ongoing 
 52.5   psychotherapist-patient relationship exists.  
 52.6      Consent by the complainant is not a defense; 
 52.7      (i) the actor is a psychotherapist and the complainant is a 
 52.8   former patient of the psychotherapist and the former patient is 
 52.9   emotionally dependent upon the psychotherapist; 
 52.10     (j) the actor is a psychotherapist and the complainant is a 
 52.11  patient or former patient and the sexual penetration occurred by 
 52.12  means of therapeutic deception.  Consent by the complainant is 
 52.13  not a defense; 
 52.14     (k) the actor accomplishes the sexual penetration by means 
 52.15  of deception or false representation that the penetration is for 
 52.16  a bona fide medical purpose.  Consent by the complainant is not 
 52.17  a defense; or 
 52.18     (1) the actor is or purports to be a member of the clergy, 
 52.19  the complainant is not married to the actor, and: 
 52.20     (i) the sexual penetration occurred during the course of a 
 52.21  meeting in which the complainant sought or received religious or 
 52.22  spiritual advice, aid, or comfort from the actor in private; or 
 52.23     (ii) the sexual penetration occurred during a period of 
 52.24  time in which the complainant was meeting on an ongoing basis 
 52.25  with the actor to seek or receive religious or spiritual advice, 
 52.26  aid, or comfort in private. 
 52.27     Consent by the complainant is not a defense.  
 52.28     Sec. 10.  Minnesota Statutes 1996, section 609.345, 
 52.29  subdivision 1, is amended to read: 
 52.30     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 52.31  sexual contact with another person is guilty of criminal sexual 
 52.32  conduct in the fourth degree if any of the following 
 52.33  circumstances exists: 
 52.34     (a) the complainant is under 13 years of age and the actor 
 52.35  is no more than 36 months older than the complainant.  Neither 
 52.36  mistake as to the complainant's age or consent to the act by the 
 53.1   complainant is a defense.  In a prosecution under this clause, 
 53.2   the state is not required to prove that the sexual contact was 
 53.3   coerced; 
 53.4      (b) the complainant is at least 13 but less than 16 years 
 53.5   of age and the actor is more than 48 months older than the 
 53.6   complainant or in a position of authority over the complainant 
 53.7   and uses this authority to cause the complainant to submit.  
 53.8   Consent by the complainant to the act is not a defense.  In any 
 53.9   such case, it shall be an affirmative defense which must be 
 53.10  proved by a preponderance of the evidence that the actor 
 53.11  believes the complainant to be 16 years of age or older; 
 53.12     (c) the actor uses force or coercion to accomplish the 
 53.13  sexual contact; 
 53.14     (d) the actor knows or has reason to know that the 
 53.15  complainant is mentally impaired, mentally incapacitated, or 
 53.16  physically helpless; 
 53.17     (e) the complainant is at least 16 but less than 18 years 
 53.18  of age and the actor is more than 48 months older than the 
 53.19  complainant and in a position of authority over the complainant, 
 53.20  and uses this authority to cause or induce the complainant to 
 53.21  submit.  Neither mistake as to the complainant's age nor consent 
 53.22  to the act by the complainant is a defense; 
 53.23     (f) the actor has a significant relationship to the 
 53.24  complainant and the complainant was at least 16 but under 18 
 53.25  years of age at the time of the sexual contact.  Neither mistake 
 53.26  as to the complainant's age nor consent to the act by the 
 53.27  complainant is a defense; 
 53.28     (g) the actor has a significant relationship to the 
 53.29  complainant, the complainant was at least 16 but under 18 years 
 53.30  of age at the time of the sexual contact, and: 
 53.31     (i) the actor or an accomplice used force or coercion to 
 53.32  accomplish the contact; 
 53.33     (ii) the complainant suffered personal injury; or 
 53.34     (iii) the sexual abuse involved multiple acts committed 
 53.35  over an extended period of time.  
 53.36     Neither mistake as to the complainant's age nor consent to 
 54.1   the act by the complainant is a defense; 
 54.2      (h) the actor is a psychotherapist and the complainant is a 
 54.3   patient of the psychotherapist and the sexual contact occurred: 
 54.4      (i) during the psychotherapy session; or 
 54.5      (ii) outside the psychotherapy session if an ongoing 
 54.6   psychotherapist-patient relationship exists. 
 54.7      Consent by the complainant is not a defense; 
 54.8      (i) the actor is a psychotherapist and the complainant is a 
 54.9   former patient of the psychotherapist and the former patient is 
 54.10  emotionally dependent upon the psychotherapist; 
 54.11     (j) the actor is a psychotherapist and the complainant is a 
 54.12  patient or former patient and the sexual contact occurred by 
 54.13  means of therapeutic deception.  Consent by the complainant is 
 54.14  not a defense; 
 54.15     (k) the actor accomplishes the sexual contact by means of 
 54.16  deception or false representation that the contact is for a bona 
 54.17  fide medical purpose.  Consent by the complainant is not a 
 54.18  defense; or 
 54.19     (1) the actor is or purports to be a member of the clergy, 
 54.20  the complainant is not married to the actor, and: 
 54.21     (i) the sexual contact occurred during the course of a 
 54.22  meeting in which the complainant sought or received religious or 
 54.23  spiritual advice, aid, or comfort from the actor in private; or 
 54.24     (ii) the sexual contact occurred during a period of time in 
 54.25  which the complainant was meeting on an ongoing basis with the 
 54.26  actor to seek or receive religious or spiritual advice, aid, or 
 54.27  comfort in private. 
 54.28     Consent by the complainant is not a defense.  
 54.29     Sec. 11.  Minnesota Statutes 1996, section 609.3451, 
 54.30  subdivision 3, is amended to read: 
 54.31     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 54.32  be sentenced to imprisonment for not more than five years or to 
 54.33  payment of a fine of not more than $10,000, or both, if the 
 54.34  person violates subdivision 1, clause (2), after having been 
 54.35  previously convicted of or adjudicated delinquent for violating 
 54.36  subdivision 1, clause (2); section 617.23, paragraph 
 55.1   (b) subdivision 2, clause (1); or a statute from another state 
 55.2   in conformity with subdivision 1, clause (2), or section 617.23, 
 55.3   paragraph (b) subdivision 2, clause (1). 
 55.4      Sec. 12.  Minnesota Statutes 1996, section 609.3461, 
 55.5   subdivision 1, is amended to read: 
 55.6      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 55.7   offender to provide a biological specimen for the purpose of DNA 
 55.8   analysis as defined in section 299C.155 when: 
 55.9      (1) the court sentences a person charged with violating or 
 55.10  attempting to violate section 609.185, clause (2), 609.342, 
 55.11  609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause 
 55.12  (2), who is convicted of violating one of those sections or of 
 55.13  any offense arising out of the same set of circumstances; 
 55.14     (2) the court sentences a person as a patterned sex 
 55.15  offender under section 609.1352; or 
 55.16     (3) the juvenile court adjudicates a person a delinquent 
 55.17  child who is the subject of a delinquency petition for violating 
 55.18  or attempting to violate section 609.185, clause (2), 609.342, 
 55.19  609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause 
 55.20  (2), and the delinquency adjudication is based on a violation of 
 55.21  one of those sections or of any offense arising out of the same 
 55.22  set of circumstances.  The biological specimen or the results of 
 55.23  the analysis shall be maintained by the bureau of criminal 
 55.24  apprehension as provided in section 299C.155.  
 55.25     Sec. 13.  Minnesota Statutes 1996, section 609.3461, 
 55.26  subdivision 2, is amended to read: 
 55.27     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
 55.28  violating or attempting to violate section 609.185, clause (2), 
 55.29  609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, 
 55.30  clause (2), or initially charged with violating one of those 
 55.31  sections and convicted of another offense arising out of the 
 55.32  same set of circumstances, or sentenced as a patterned sex 
 55.33  offender under section 609.1352, and committed to the custody of 
 55.34  the commissioner of corrections, or serving a term of 
 55.35  imprisonment in this state under a reciprocal agreement although 
 55.36  convicted in another state of an offense described in this 
 56.1   subdivision or a similar law of the United States or any other 
 56.2   state, has not provided a biological specimen for the purpose of 
 56.3   DNA analysis, the commissioner of corrections or local 
 56.4   corrections authority shall order the person to provide a 
 56.5   biological specimen for the purpose of DNA analysis before 
 56.6   completion of the person's term of imprisonment.  The 
 56.7   commissioner of corrections or local corrections authority shall 
 56.8   forward the sample to the bureau of criminal apprehension. 
 56.9      Sec. 14.  Minnesota Statutes 1996, section 617.23, is 
 56.10  amended to read: 
 56.11     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 56.12     (a) Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
 56.13  misdemeanor who commits any of the following acts in any public 
 56.14  place, or in any place where others are present, is guilty of a 
 56.15  misdemeanor:  
 56.16     (1) willfully and lewdly exposes the person's body, or the 
 56.17  private parts thereof; 
 56.18     (2) procures another to expose private parts; or 
 56.19     (3) engages in any open or gross lewdness or lascivious 
 56.20  behavior, or any public indecency other than behavior specified 
 56.21  in clause (1) or (2) or this clause subdivision. 
 56.22     (b) Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
 56.23  of the following acts is guilty of a gross misdemeanor if: 
 56.24     (1) the person violates this section subdivision 1 in the 
 56.25  presence of a minor under the age of 16; or 
 56.26     (2) the person violates this section subdivision 1 after 
 56.27  having been previously convicted of violating this section 
 56.28  subdivision 1, sections 609.342 to 609.3451, or a statute from 
 56.29  another state in conformity with any of those sections. 
 56.30     (c) Subd. 3.  [FELONY.] A person is guilty of a felony and 
 56.31  may be sentenced to imprisonment for not more than five years or 
 56.32  to payment of a fine of not more than $10,000, or both, if: 
 56.33     (1) the person violates paragraph (b) subdivision 2, clause 
 56.34  (1), after having been previously convicted of or adjudicated 
 56.35  delinquent for violating paragraph (b) subdivision 2, clause 
 56.36  (1); section 609.3451, subdivision 1, clause (2); or a statute 
 57.1   from another state in conformity with paragraph (b) subdivision 
 57.2   2, clause (1), or section 609.3451, subdivision 1, clause (2).; 
 57.3   or 
 57.4      (2) the person commits a violation of subdivision 1, clause 
 57.5   (1), in the presence of another person while intentionally 
 57.6   confining that person or otherwise intentionally restricting 
 57.7   that person's freedom to move. 
 57.8      Sec. 15.  [STUDY ON SEXUALLY DANGEROUS PERSONS/PERSONS WITH 
 57.9   SEXUAL PSYCHOPATHIC PERSONALITIES.] 
 57.10     (a) The commissioner of corrections, in cooperation with 
 57.11  the commissioner of human services, shall study and make 
 57.12  recommendations on issues involving sexually dangerous persons 
 57.13  and persons with sexual psychopathic personalities.  The study 
 57.14  must examine the current system of treatment, commitment, and 
 57.15  confinement of these individuals; financial costs associated 
 57.16  with the current system; and the advantages and disadvantages of 
 57.17  alternatives to the current system, including indeterminate 
 57.18  criminal sentencing and changes to the patterned sex offender 
 57.19  sentencing law.  In addition, the study must examine how other 
 57.20  states have responded to these individuals. 
 57.21     (b) By December 15, 1998, the commissioner shall report on 
 57.22  the results of the study to the chairs and ranking minority 
 57.23  members of the senate and house committees and divisions having 
 57.24  jurisdiction over criminal justice policy and funding.  The 
 57.25  report must include recommendations on alternative methods of 
 57.26  addressing sexually dangerous persons and persons with sexual 
 57.27  psychopathic personalities within constitutional limits and 
 57.28  while balancing the need for public safety, ensuring that these 
 57.29  individuals are treated humanely and fairly, and financial 
 57.30  prudence. 
 57.31     Sec. 16.  [EFFECTIVE DATES.] 
 57.32     Sections 1 to 3 are effective July 1, 1998, and apply to 
 57.33  persons who are released from prison on or after that date, or 
 57.34  who are under supervision as of that date, or who enter this 
 57.35  state on or after that date.  Sections 5 to 11, and 14 are 
 57.36  effective August 1, 1998, and apply to crimes committed on or 
 58.1   after that date.  Sections 12 and 13 are effective July 1, 1998, 
 58.2   and apply to persons sentenced or released from prison on or 
 58.3   after that date. 
 58.4                              ARTICLE 4 
 58.5                        CONTROLLED SUBSTANCES 
 58.6      Section 1.  Minnesota Statutes 1996, section 152.021, as 
 58.7   amended by Laws 1997, chapter 239, article 4, sections 5 and 6, 
 58.8   is amended to read: 
 58.9      152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 
 58.10     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 58.11  controlled substance crime in the first degree if: 
 58.12     (1) on one or more occasions within a 90-day period the 
 58.13  person unlawfully sells one or more mixtures of a total weight 
 58.14  of ten grams or more containing cocaine or, heroin, or 
 58.15  methamphetamine; 
 58.16     (2) on one or more occasions within a 90-day period the 
 58.17  person unlawfully sells one or more mixtures of a total weight 
 58.18  of 50 grams or more containing a narcotic drug other than 
 58.19  cocaine or, heroin, or methamphetamine; 
 58.20     (3) on one or more occasions within a 90-day period the 
 58.21  person unlawfully sells one or more mixtures of a total weight 
 58.22  of 50 grams or more containing methamphetamine, amphetamine, 
 58.23  phencyclidine, or hallucinogen or, if the controlled substance 
 58.24  is packaged in dosage units, equaling 200 or more dosage units; 
 58.25  or 
 58.26     (4) on one or more occasions within a 90-day period the 
 58.27  person unlawfully sells one or more mixtures of a total weight 
 58.28  of 50 kilograms or more containing marijuana or 
 58.29  Tetrahydrocannabinols, or one or more mixtures of a total weight 
 58.30  of 25 kilograms or more containing marijuana or 
 58.31  Tetrahydrocannabinols in a school zone, a park zone, a public 
 58.32  housing zone, or a drug treatment facility. 
 58.33     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
 58.34  controlled substance crime in the first degree if: 
 58.35     (1) the person unlawfully possesses one or more mixtures of 
 58.36  a total weight of 25 grams or more containing cocaine or, 
 59.1   heroin, or methamphetamine; 
 59.2      (2) the person unlawfully possesses one or more mixtures of 
 59.3   a total weight of 500 grams or more containing a narcotic drug 
 59.4   other than cocaine or, heroin, or methamphetamine; 
 59.5      (3) the person unlawfully possesses one or more mixtures of 
 59.6   a total weight of 500 grams or more containing methamphetamine, 
 59.7   amphetamine, phencyclidine, or hallucinogen or, if the 
 59.8   controlled substance is packaged in dosage units, equaling 500 
 59.9   or more dosage units; or 
 59.10     (4) the person unlawfully possesses one or more mixtures of 
 59.11  a total weight of 100 kilograms or more containing marijuana or 
 59.12  Tetrahydrocannabinols. 
 59.13     Subd. 2a.  [MANUFACTURE CRIMES.] Notwithstanding 
 59.14  subdivision 1, sections 152.022, subdivision 1, 152.023, 
 59.15  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 59.16  controlled substance crime in the first degree if the person 
 59.17  manufactures any amount of methamphetamine. 
 59.18     Subd. 3.  [PENALTY.] (a) A person convicted under 
 59.19  subdivision 1 or 2 subdivisions 1 to 2a may be sentenced to 
 59.20  imprisonment for not more than 30 years or to payment of a fine 
 59.21  of not more than $1,000,000, or both. 
 59.22     (b) If the conviction is a subsequent controlled substance 
 59.23  conviction, a person convicted under subdivision 1 or 2 
 59.24  subdivisions 1 to 2a shall be committed to the commissioner of 
 59.25  corrections for not less than four years nor more than 40 years 
 59.26  and, in addition, may be sentenced to payment of a fine of not 
 59.27  more than $1,000,000.  
 59.28     (c) In a prosecution under subdivision 1 involving sales by 
 59.29  the same person in two or more counties within a 90-day period, 
 59.30  the person may be prosecuted for all of the sales in any county 
 59.31  in which one of the sales occurred. 
 59.32     Sec. 2.  Minnesota Statutes 1996, section 152.022, as 
 59.33  amended by Laws 1997, chapter 239, article 4, sections 7 and 8, 
 59.34  is amended to read: 
 59.35     152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 
 59.36     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 60.1   controlled substance crime in the second degree if: 
 60.2      (1) on one or more occasions within a 90-day period the 
 60.3   person unlawfully sells one or more mixtures of a total weight 
 60.4   of three grams or more containing cocaine or, heroin, or 
 60.5   methamphetamine; 
 60.6      (2) on one or more occasions within a 90-day period the 
 60.7   person unlawfully sells one or more mixtures of a total weight 
 60.8   of ten grams or more containing a narcotic drug other than 
 60.9   cocaine or, heroin, or methamphetamine; 
 60.10     (3) on one or more occasions within a 90-day period the 
 60.11  person unlawfully sells one or more mixtures of a total weight 
 60.12  of ten grams or more containing methamphetamine, amphetamine, 
 60.13  phencyclidine, or hallucinogen or, if the controlled substance 
 60.14  is packaged in dosage units, equaling 50 or more dosage units; 
 60.15     (4) on one or more occasions within a 90-day period the 
 60.16  person unlawfully sells one or more mixtures of a total weight 
 60.17  of 25 kilograms or more containing marijuana or 
 60.18  Tetrahydrocannabinols; 
 60.19     (5) the person unlawfully sells any amount of a schedule I 
 60.20  or II narcotic drug to a person under the age of 18, or 
 60.21  conspires with or employs a person under the age of 18 to 
 60.22  unlawfully sell the substance; or 
 60.23     (6) the person unlawfully sells any of the following in a 
 60.24  school zone, a park zone, a public housing zone, or a drug 
 60.25  treatment facility: 
 60.26     (i) any amount of a schedule I or II narcotic drug, or 
 60.27  lysergic acid diethylamide (LSD); 
 60.28     (ii) one or more mixtures containing methamphetamine or 
 60.29  amphetamine; or 
 60.30     (iii) one or more mixtures of a total weight of five 
 60.31  kilograms or more containing marijuana or Tetrahydrocannabinols. 
 60.32     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 60.33  controlled substance crime in the second degree if: 
 60.34     (1) the person unlawfully possesses one or more mixtures of 
 60.35  a total weight of six grams or more containing cocaine or, 
 60.36  heroin, or methamphetamine; 
 61.1      (2) the person unlawfully possesses one or more mixtures of 
 61.2   a total weight of 50 grams or more containing a narcotic drug 
 61.3   other than cocaine or, heroin, or methamphetamine; 
 61.4      (3) the person unlawfully possesses one or more mixtures of 
 61.5   a total weight of 50 grams or more containing methamphetamine, 
 61.6   amphetamine, phencyclidine, or hallucinogen or, if the 
 61.7   controlled substance is packaged in dosage units, equaling 100 
 61.8   or more dosage units; or 
 61.9      (4) the person unlawfully possesses one or more mixtures of 
 61.10  a total weight of 50 kilograms or more containing marijuana or 
 61.11  Tetrahydrocannabinols. 
 61.12     Subd. 3.  [PENALTY.] (a) A person convicted under 
 61.13  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 61.14  than 25 years or to payment of a fine of not more than $500,000, 
 61.15  or both. 
 61.16     (b) If the conviction is a subsequent controlled substance 
 61.17  conviction, a person convicted under subdivision 1 or 2 shall be 
 61.18  committed to the commissioner of corrections for not less than 
 61.19  three years nor more than 40 years and, in addition, may be 
 61.20  sentenced to payment of a fine of not more than $500,000.  
 61.21     (c) In a prosecution under subdivision 1 involving sales by 
 61.22  the same person in two or more counties within a 90-day period, 
 61.23  the person may be prosecuted for all of the sales in any county 
 61.24  in which one of the sales occurred. 
 61.25     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
 61.26  152.023, subdivision 2, is amended to read: 
 61.27     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 61.28  controlled substance crime in the third degree if: 
 61.29     (1) on one or more occasions within a 90-day period the 
 61.30  person unlawfully possesses one or more mixtures of a total 
 61.31  weight of three grams or more containing cocaine or, heroin, or 
 61.32  methamphetamine; 
 61.33     (2) on one or more occasions within a 90-day period the 
 61.34  person unlawfully possesses one or more mixtures of a total 
 61.35  weight of ten grams or more containing a narcotic drug other 
 61.36  than cocaine or, heroin, or methamphetamine; 
 62.1      (3) on one or more occasions within a 90-day period the 
 62.2   person unlawfully possesses one or more mixtures containing a 
 62.3   narcotic drug, it is packaged in dosage units, and equals 50 or 
 62.4   more dosage units; 
 62.5      (4) on one or more occasions within a 90-day period the 
 62.6   person unlawfully possesses any amount of a schedule I or II 
 62.7   narcotic drug or five or more dosage units of lysergic acid 
 62.8   diethylamide (LSD) in a school zone, a park zone, a public 
 62.9   housing zone, or a drug treatment facility; 
 62.10     (5) on one or more occasions within a 90-day period the 
 62.11  person unlawfully possesses one or more mixtures of a total 
 62.12  weight of ten kilograms or more containing marijuana or 
 62.13  Tetrahydrocannabinols; or 
 62.14     (6) the person unlawfully possesses one or more mixtures 
 62.15  containing methamphetamine or amphetamine in a school zone, a 
 62.16  park zone, a public housing zone, or a drug treatment facility. 
 62.17     Sec. 4.  Minnesota Statutes 1996, section 152.0261, is 
 62.18  amended by adding a subdivision to read: 
 62.19     Subd. 1a.  [USE OF PERSON UNDER 18 TO IMPORT.] A person who 
 62.20  conspires with or employs a person under the age of 18 to cross 
 62.21  a state or international border into Minnesota while that person 
 62.22  or the person under the age of 18 is in possession of an amount 
 62.23  of a controlled substance that constitutes a controlled 
 62.24  substance crime under sections 152.021 to 152.025, with the 
 62.25  intent to obstruct the criminal justice process, is guilty of 
 62.26  importing controlled substances and may be sentenced as provided 
 62.27  in subdivision 3. 
 62.28     Sec. 5.  Minnesota Statutes 1996, section 152.0261, 
 62.29  subdivision 2, is amended to read: 
 62.30     Subd. 2.  [JURISDICTION.] A violation of subdivision 1 this 
 62.31  section may be charged, indicted, and tried in any county, but 
 62.32  not more than one county, into or through which the actor has 
 62.33  brought the controlled substance. 
 62.34     Sec. 6.  [152.135] [RESTRICTIONS ON SALES, MARKETING, AND 
 62.35  POSSESSION OF EPHEDRINE.] 
 62.36     Subdivision 1.  [PRESCRIPTION STATUS FOR EPHEDRINE.] Except 
 63.1   as provided in this section, a material, compound, mixture, or 
 63.2   preparation that contains any quantity of ephedrine, a salt of 
 63.3   ephedrine, an optical isomer of ephedrine, or a salt of an 
 63.4   optical isomer of ephedrine, may be dispensed only upon the 
 63.5   prescription of a duly licensed practitioner authorized by the 
 63.6   laws of the state to prescribe prescription drugs. 
 63.7      Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
 63.8   ephedrine, its salts, optical isomers, and salts of optical 
 63.9   isomers is exempt from subdivision 1 if the drug product: 
 63.10     (1) may be lawfully sold over the counter without a 
 63.11  prescription under the federal Food, Drug, and Cosmetic Act, 
 63.12  United States Code, title 21, section 321, et seq.; 
 63.13     (2) is labeled and marketed in a manner consistent with the 
 63.14  pertinent OTC Tentative Final or Final Monograph; 
 63.15     (3) is manufactured and distributed for legitimate 
 63.16  medicinal use in a manner that reduces or eliminates the 
 63.17  likelihood of abuse; 
 63.18     (4) is not marketed, advertised, or labeled for the 
 63.19  indication of stimulation, mental alertness, weight loss, muscle 
 63.20  enhancement, appetite control, or energy; and 
 63.21     (5) is in solid oral dosage forms, including soft gelatin 
 63.22  caplets, that combine 400 milligrams of guaifenesin and 25 
 63.23  milligrams of ephedrine per dose, according to label 
 63.24  instructions; or is an anorectal preparation containing not more 
 63.25  than five percent ephedrine. 
 63.26     (b) Subdivisions 1 and 3 shall not apply to products 
 63.27  containing ephedra or ma huang and lawfully marketed as dietary 
 63.28  supplements under federal law.  
 63.29     Subd. 3.  [MISMARKETING OF EPHEDRINE PROHIBITED.] The 
 63.30  marketing, advertising, or labeling of a product containing 
 63.31  ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 
 63.32  or a salt of an optical isomer of ephedrine for the indication 
 63.33  of stimulation, mental alertness, weight loss, appetite control, 
 63.34  or energy, is prohibited.  In determining compliance with this 
 63.35  subdivision, the following factors may be considered: 
 63.36     (1) the packaging of the drug product; 
 64.1      (2) the name and labeling of the product; 
 64.2      (3) the manner of distribution, advertising, and promotion 
 64.3   of the product; 
 64.4      (4) verbal representations made concerning the product; and 
 64.5      (5) the duration, scope, and significance of abuse or 
 64.6   misuse of the product. 
 64.7      Subd. 4.  [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It 
 64.8   is unlawful for a person to possess ephedrine, pseudoephedrine, 
 64.9   or phenylpropanolamine or their salts, optical isomers, or salts 
 64.10  of optical isomers with the intent to use the product as a 
 64.11  precursor to an illegal substance. 
 64.12     Subd. 5.  [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is 
 64.13  unlawful for a person to sell, distribute, or otherwise make 
 64.14  available a product containing ephedrine, pseudoephedrine, or 
 64.15  phenylpropanolamine or their salts, optical isomers, or salts of 
 64.16  optical isomers if the person knows or reasonably should know 
 64.17  that the product will be used as a precursor to an illegal 
 64.18  substance. 
 64.19     Subd. 6.  [PENALTY.] A person who violates this section is 
 64.20  guilty of a misdemeanor. 
 64.21     Sec. 7.  Laws 1997, chapter 239, article 4, section 15, is 
 64.22  amended to read: 
 64.23     Sec. 15.  [EFFECTIVE DATE.] 
 64.24     The provision of section 4 relating to the listing of 
 64.25  Butorphanol in schedule IV is effective August 1, 1998, and 
 64.26  applies to acts committed on or after that date.  The provision 
 64.27  of section 4 relating to the listing of Carisoprodol in schedule 
 64.28  IV is effective August 1, 1999, and applies to acts committed on 
 64.29  or after that date.  Sections 1 to 3 and 5 to 13 are effective 
 64.30  August 1, 1997, and apply to acts committed on or after that 
 64.31  date.  Section 14 is effective the day following final enactment.
 64.32     Sec. 8.  [EFFECTIVE DATE.] 
 64.33     Sections 1 to 3 are effective January 1, 1999, and apply to 
 64.34  crimes committed on or after that date.  Sections 4 to 7 are 
 64.35  effective August 1, 1998, and apply to crimes committed on or 
 64.36  after that date. 
 65.1                              ARTICLE 5
 65.2                            DOMESTIC ABUSE
 65.3      Section 1.  Minnesota Statutes 1996, section 518B.01, 
 65.4   subdivision 3a, is amended to read: 
 65.5      Subd. 3a.  [FILING FEE.] The filing fees for an order for 
 65.6   protection under this section are waived for the petitioner. The 
 65.7   court administrator and, the sheriff of any county in this 
 65.8   state, and other law enforcement and corrections officers shall 
 65.9   perform their duties relating to service of process without 
 65.10  charge to the petitioner.  The court shall direct payment of the 
 65.11  reasonable costs of service of process if served by a private 
 65.12  process server when the sheriff or other law enforcement or 
 65.13  corrections officer is unavailable or if service is made by 
 65.14  publication, without requiring the petitioner to make 
 65.15  application under section 563.01.  The court may direct a 
 65.16  respondent to pay to the court administrator the petitioner's 
 65.17  filing fees and reasonable costs of service of process if the 
 65.18  court determines that the respondent has the ability to pay the 
 65.19  petitioner's fees and costs. 
 65.20     Sec. 2.  Minnesota Statutes 1996, section 518B.01, 
 65.21  subdivision 5, is amended to read: 
 65.22     Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
 65.23  receipt of the petition, the court shall order a hearing which 
 65.24  shall be held not later than 14 days from the date of the 
 65.25  order.  If an ex parte order has been issued under subdivision 7 
 65.26  and a hearing requested, the time periods under subdivision 7 
 65.27  for holding a hearing apply.  Personal service shall be made 
 65.28  upon the respondent not less than five days prior to the 
 65.29  hearing, if the hearing was requested by the petitioner.  If the 
 65.30  hearing was requested by the respondent after issuance of an ex 
 65.31  parte order under subdivision 7, service of the notice of 
 65.32  hearing must be made upon the petitioner not less than five days 
 65.33  prior to the hearing.  The court shall serve the notice of 
 65.34  hearing upon the petitioner by mail in the manner provided in 
 65.35  the rules of civil procedure for pleadings subsequent to a 
 65.36  complaint and motions and shall also mail notice of the date and 
 66.1   time of the hearing to the respondent.  In the event that 
 66.2   service cannot be completed in time to give the respondent or 
 66.3   petitioner the minimum notice required under this paragraph, the 
 66.4   court may set a new hearing date.  
 66.5      (b) Notwithstanding the provisions of paragraph (a), 
 66.6   service on the respondent may be made by one week published 
 66.7   notice, as provided under section 645.11, provided the 
 66.8   petitioner files with the court an affidavit stating that an 
 66.9   attempt at personal service made by a sheriff or other law 
 66.10  enforcement or corrections officer was unsuccessful because the 
 66.11  respondent is avoiding service by concealment or otherwise, and 
 66.12  that a copy of the petition and notice of hearing has been 
 66.13  mailed to the respondent at the respondent's residence or that 
 66.14  the residence is not known to the petitioner.  Service under 
 66.15  this paragraph is complete seven days after publication.  The 
 66.16  court shall set a new hearing date if necessary to allow the 
 66.17  respondent the five-day minimum notice required under paragraph 
 66.18  (a). 
 66.19     Sec. 3.  Minnesota Statutes 1996, section 518B.01, 
 66.20  subdivision 6, is amended to read: 
 66.21     Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
 66.22  hearing, the court may provide relief as follows: 
 66.23     (1) restrain the abusing party from committing acts of 
 66.24  domestic abuse; 
 66.25     (2) exclude the abusing party from the dwelling which the 
 66.26  parties share or from the residence of the petitioner; 
 66.27     (3) exclude the abusing party from a reasonable area 
 66.28  surrounding the dwelling or residence, which area shall be 
 66.29  described specifically in the order; 
 66.30     (4) award temporary custody or establish temporary 
 66.31  visitation with regard to minor children of the parties on a 
 66.32  basis which gives primary consideration to the safety of the 
 66.33  victim and the children.  Except for cases in which custody is 
 66.34  contested, findings under section 257.025, 518.17, or 518.175 
 66.35  are not required.  If the court finds that the safety of the 
 66.36  victim or the children will be jeopardized by unsupervised or 
 67.1   unrestricted visitation, the court shall condition or restrict 
 67.2   visitation as to time, place, duration, or supervision, or deny 
 67.3   visitation entirely, as needed to guard the safety of the victim 
 67.4   and the children.  The court's decision on custody and 
 67.5   visitation shall in no way delay the issuance of an order for 
 67.6   protection granting other reliefs provided for in this section; 
 67.7      (5) on the same basis as is provided in chapter 518, 
 67.8   establish temporary support for minor children or a spouse, and 
 67.9   order the withholding of support from the income of the person 
 67.10  obligated to pay the support according to chapter 518; 
 67.11     (6) provide upon request of the petitioner counseling or 
 67.12  other social services for the parties, if married, or if there 
 67.13  are minor children; 
 67.14     (7) order the abusing party to participate in treatment or 
 67.15  counseling services; 
 67.16     (8) award temporary use and possession of property and 
 67.17  restrain one or both parties from transferring, encumbering, 
 67.18  concealing, or disposing of property except in the usual course 
 67.19  of business or for the necessities of life, and to account to 
 67.20  the court for all such transfers, encumbrances, dispositions, 
 67.21  and expenditures made after the order is served or communicated 
 67.22  to the party restrained in open court; 
 67.23     (9) exclude the abusing party from the place of employment 
 67.24  of the petitioner, or otherwise limit access to the petitioner 
 67.25  by the abusing party at the petitioner's place of employment; 
 67.26     (10) order the abusing party to pay restitution to the 
 67.27  petitioner; 
 67.28     (11) order the continuance of all currently available 
 67.29  insurance coverage without change in coverage or beneficiary 
 67.30  designation; and 
 67.31     (12) order, in its discretion, other relief as it deems 
 67.32  necessary for the protection of a family or household member, 
 67.33  including orders or directives to the sheriff or, constable, or 
 67.34  other law enforcement or corrections officer as provided by this 
 67.35  section. 
 67.36     (b) Any relief granted by the order for protection shall be 
 68.1   for a fixed period not to exceed one year, except when the court 
 68.2   determines a longer fixed period is appropriate.  When a referee 
 68.3   presides at the hearing on the petition, the order granting 
 68.4   relief becomes effective upon the referee's signature. 
 68.5      (c) An order granting the relief authorized in paragraph 
 68.6   (a), clause (1), may not be vacated or modified in a proceeding 
 68.7   for dissolution of marriage or legal separation, except that the 
 68.8   court may hear a motion for modification of an order for 
 68.9   protection concurrently with a proceeding for dissolution of 
 68.10  marriage upon notice of motion and motion.  The notice required 
 68.11  by court rule shall not be waived.  If the proceedings are 
 68.12  consolidated and the motion to modify is granted, a separate 
 68.13  order for modification of an order for protection shall be 
 68.14  issued. 
 68.15     (d) An order granting the relief authorized in paragraph 
 68.16  (a), clause (2), is not voided by the admittance of the abusing 
 68.17  party into the dwelling from which the abusing party is excluded.
 68.18     (e) If a proceeding for dissolution of marriage or legal 
 68.19  separation is pending between the parties, the court shall 
 68.20  provide a copy of the order for protection to the court with 
 68.21  jurisdiction over the dissolution or separation proceeding for 
 68.22  inclusion in its file. 
 68.23     (f) An order for restitution issued under this subdivision 
 68.24  is enforceable as civil judgment. 
 68.25     Sec. 4.  Minnesota Statutes 1996, section 518B.01, is 
 68.26  amended by adding a subdivision to read: 
 68.27     Subd. 9a.  [SERVICE BY OTHERS.] Peace officers licensed by 
 68.28  the state of Minnesota and corrections officers, including, but 
 68.29  not limited to, probation officers, court services officers, 
 68.30  parole officers, and employees of jails or correctional 
 68.31  facilities, may serve an order for protection. 
 68.32     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 68.33  518B.01, subdivision 14, is amended to read: 
 68.34     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
 68.35  person who violates an order for protection issued under this 
 68.36  section by a judge or referee is subject to the penalties 
 69.1   provided in paragraphs (b) to (d).  
 69.2      (b) Except as otherwise provided in paragraphs (c) and (d), 
 69.3   whenever an order for protection is granted pursuant to this 
 69.4   section by a judge or referee or pursuant to a similar law of 
 69.5   another state, the District of Columbia, tribal lands, or United 
 69.6   States territories, and the respondent or person to be 
 69.7   restrained knows of the order, violation of the order for 
 69.8   protection is a misdemeanor.  Upon a misdemeanor conviction 
 69.9   under this paragraph, the defendant must be sentenced to a 
 69.10  minimum of three days imprisonment and must be ordered to 
 69.11  participate in counseling or other appropriate programs selected 
 69.12  by the court.  If the court stays imposition or execution of the 
 69.13  jail sentence and the defendant refuses or fails to comply with 
 69.14  the court's treatment order, the court must impose and execute 
 69.15  the stayed jail sentence.  A violation of an order for 
 69.16  protection shall also constitute contempt of court and be 
 69.17  subject to the penalties provided in chapter 588. 
 69.18     (c) A person is guilty of a gross misdemeanor who knowingly 
 69.19  violates this subdivision during the time period between a 
 69.20  previous conviction under this subdivision; sections 609.221 to 
 69.21  609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
 69.22  subdivision 6; 609.749; or a similar law of another state, the 
 69.23  District of Columbia, tribal lands, or United States 
 69.24  territories; and the end of the five years following discharge 
 69.25  from sentence for that conviction.  Upon a gross misdemeanor 
 69.26  conviction under this paragraph, the defendant must be sentenced 
 69.27  to a minimum of ten days imprisonment and must be ordered to 
 69.28  participate in counseling or other appropriate programs selected 
 69.29  by the court.  Notwithstanding section 609.135, the court must 
 69.30  impose and execute the minimum sentence provided in this 
 69.31  paragraph for gross misdemeanor convictions. 
 69.32     (d) A person is guilty of a felony and may be sentenced to 
 69.33  imprisonment for not more than five years or to payment of a 
 69.34  fine of not more than $10,000, or both, if the person knowingly 
 69.35  violates this subdivision: 
 69.36     (1) during the time period between the first of two or more 
 70.1   previous convictions under this section or sections 609.221 to 
 70.2   609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
 70.3   subdivision 6; 609.749; or a similar law of another state, the 
 70.4   District of Columbia, tribal lands, or United States 
 70.5   territories; and the end of the five years following discharge 
 70.6   from sentence for that conviction; or 
 70.7      (2) while possessing a dangerous weapon, as defined in 
 70.8   section 609.02, subdivision 6. 
 70.9   Upon a felony conviction under this paragraph in which the court 
 70.10  stays imposition or execution of sentence, the court shall 
 70.11  impose at least a 30-day period of incarceration as a condition 
 70.12  of probation.  The court also shall order that the defendant 
 70.13  participate in counseling or other appropriate programs selected 
 70.14  by the court.  Notwithstanding section 609.135, the court must 
 70.15  impose and execute the minimum sentence provided in this 
 70.16  paragraph for felony convictions. 
 70.17     (e) A peace officer shall arrest without a warrant and take 
 70.18  into custody a person whom the peace officer has probable cause 
 70.19  to believe has violated an order granted pursuant to this 
 70.20  section or a similar law of another state, the District of 
 70.21  Columbia, tribal lands, or United States territories restraining 
 70.22  the person or excluding the person from the residence or the 
 70.23  petitioner's place of employment, even if the violation of the 
 70.24  order did not take place in the presence of the peace officer, 
 70.25  if the existence of the order can be verified by the officer.  
 70.26  The person shall be held in custody for at least 36 hours, 
 70.27  excluding the day of arrest, Sundays, and holidays, unless the 
 70.28  person is released earlier by a judge or judicial officer.  A 
 70.29  peace officer acting in good faith and exercising due care in 
 70.30  making an arrest pursuant to this paragraph is immune from civil 
 70.31  liability that might result from the officer's actions. 
 70.32     (f) If the court finds that the respondent has violated an 
 70.33  order for protection and that there is reason to believe that 
 70.34  the respondent will commit a further violation of the provisions 
 70.35  of the order restraining the respondent from committing acts of 
 70.36  domestic abuse or excluding the respondent from the petitioner's 
 71.1   residence, the court may require the respondent to acknowledge 
 71.2   an obligation to comply with the order on the record.  The court 
 71.3   may require a bond sufficient to deter the respondent from 
 71.4   committing further violations of the order for protection, 
 71.5   considering the financial resources of the respondent, and not 
 71.6   to exceed $10,000.  If the respondent refuses to comply with an 
 71.7   order to acknowledge the obligation or post a bond under this 
 71.8   paragraph, the court shall commit the respondent to the county 
 71.9   jail during the term of the order for protection or until the 
 71.10  respondent complies with the order under this paragraph.  The 
 71.11  warrant must state the cause of commitment, with the sum and 
 71.12  time for which any bond is required.  If an order is issued 
 71.13  under this paragraph, the court may order the costs of the 
 71.14  contempt action, or any part of them, to be paid by the 
 71.15  respondent.  An order under this paragraph is appealable.  
 71.16     (g) Upon the filing of an affidavit by the petitioner, any 
 71.17  peace officer, or an interested party designated by the court, 
 71.18  alleging that the respondent has violated any order for 
 71.19  protection granted pursuant to this section or a similar law of 
 71.20  another state, the District of Columbia, tribal lands, or United 
 71.21  States territories, the court may issue an order to the 
 71.22  respondent, requiring the respondent to appear and show cause 
 71.23  within 14 days why the respondent should not be found in 
 71.24  contempt of court and punished therefor.  The hearing may be 
 71.25  held by the court in any county in which the petitioner or 
 71.26  respondent temporarily or permanently resides at the time of the 
 71.27  alleged violation, or in the county in which the alleged 
 71.28  violation occurred, if the petitioner and respondent do not 
 71.29  reside in this state.  The court also shall refer the violation 
 71.30  of the order for protection to the appropriate prosecuting 
 71.31  authority for possible prosecution under paragraph (b), (c), or 
 71.32  (d). 
 71.33     (h) If it is alleged that the respondent has violated an 
 71.34  order for protection issued under subdivision 6 or a similar law 
 71.35  of another state, the District of Columbia, tribal lands, or 
 71.36  United States territories, and the court finds that the order 
 72.1   has expired between the time of the alleged violation and the 
 72.2   court's hearing on the violation, the court may grant a new 
 72.3   order for protection under subdivision 6 based solely on the 
 72.4   respondent's alleged violation of the prior order, to be 
 72.5   effective until the hearing on the alleged violation of the 
 72.6   prior order.  If the court finds that the respondent has 
 72.7   violated the prior order, the relief granted in the new order 
 72.8   for protection shall be extended for a fixed period, not to 
 72.9   exceed one year, except when the court determines a longer fixed 
 72.10  period is appropriate. 
 72.11     (i) The admittance into petitioner's dwelling of an abusing 
 72.12  party excluded from the dwelling under an order for protection 
 72.13  is not a violation by the petitioner of the order for protection.
 72.14     A peace officer is not liable under section 609.43, clause 
 72.15  (1), for a failure to perform a duty required by paragraph (e). 
 72.16     (j) When a person is convicted under paragraph (b) or (c) 
 72.17  of violating an order for protection and the court determines 
 72.18  that the person used a firearm in any way during commission of 
 72.19  the violation, the court may order that the person is prohibited 
 72.20  from possessing any type of firearm for any period longer than 
 72.21  three years or for the remainder of the person's life.  A person 
 72.22  who violates this paragraph is guilty of a gross misdemeanor.  
 72.23  At the time of the conviction, the court shall inform the 
 72.24  defendant whether and for how long the defendant is prohibited 
 72.25  from possessing a firearm and that it is a gross misdemeanor to 
 72.26  violate this paragraph.  The failure of the court to provide 
 72.27  this information to a defendant does not affect the 
 72.28  applicability of the firearm possession prohibition or the gross 
 72.29  misdemeanor penalty to that defendant. 
 72.30     (k) Except as otherwise provided in paragraph (j), when a 
 72.31  person is convicted under paragraph (b) or (c) of violating an 
 72.32  order for protection, the court shall inform the defendant that 
 72.33  the defendant is prohibited from possessing a pistol for three 
 72.34  years from the date of conviction and that it is a gross 
 72.35  misdemeanor offense to violate this prohibition.  The failure of 
 72.36  the court to provide this information to a defendant does not 
 73.1   affect the applicability of the pistol possession prohibition or 
 73.2   the gross misdemeanor penalty to that defendant. 
 73.3      (l) Except as otherwise provided in paragraph (j), a person 
 73.4   is not entitled to possess a pistol if the person has been 
 73.5   convicted under paragraph (b) or (c) after August 1, 1996, of 
 73.6   violating an order for protection, unless three years have 
 73.7   elapsed from the date of conviction and, during that time, the 
 73.8   person has not been convicted of any other violation of this 
 73.9   section.  Property rights may not be abated but access may be 
 73.10  restricted by the courts.  A person who possesses a pistol in 
 73.11  violation of this paragraph is guilty of a gross misdemeanor. 
 73.12     (m) If the court determines that a person convicted under 
 73.13  paragraph (b) or (c) of violating an order for protection owns 
 73.14  or possesses a firearm and used it in any way during the 
 73.15  commission of the violation, it shall order that the firearm be 
 73.16  summarily forfeited under section 609.5316, subdivision 3. 
 73.17     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 73.18  609.2244, subdivision 1, is amended to read: 
 73.19     Subdivision 1.  [INVESTIGATION.] A presentence domestic 
 73.20  abuse investigation must be conducted and a report submitted to 
 73.21  the court by the corrections agency responsible for conducting 
 73.22  the investigation when: 
 73.23     (1) a defendant is convicted of an offense described in 
 73.24  section 518B.01, subdivision 2; or 
 73.25     (2) a defendant is arrested for committing an offense 
 73.26  described in section 518B.01, subdivision 2, but is convicted of 
 73.27  another offense arising out of the same circumstances 
 73.28  surrounding the arrest; or 
 73.29     (3) a defendant is convicted of a violation against a 
 73.30  family or household member of:  (a) an order for protection 
 73.31  under section 518B.01; (b) a harassment restraining order under 
 73.32  section 609.748; (c) section 609.79, subdivision 1; or (d) 
 73.33  section 609.713, subdivision 1. 
 73.34     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 73.35  609.2244, subdivision 4, is amended to read: 
 73.36     Subd. 4.  [DOMESTIC ABUSE INVESTIGATION FEE.] When the 
 74.1   court sentences a person convicted of an offense described in 
 74.2   section 518B.01, subdivision 2 1, the court shall impose a 
 74.3   domestic abuse investigation fee of at least $50 but not more 
 74.4   than $125.  This fee must be imposed whether the sentence is 
 74.5   executed, stayed, or suspended.  The court may not waive payment 
 74.6   or authorize payment of the fee in installments unless it makes 
 74.7   written findings on the record that the convicted person is 
 74.8   indigent or that the fee would create undue hardship for the 
 74.9   convicted person or that person's immediate family.  The person 
 74.10  convicted of the offense and ordered to pay the fee shall pay 
 74.11  the fee to the county corrections department or other designated 
 74.12  agencies conducting the investigation. 
 74.13     Sec. 8.  Minnesota Statutes 1996, section 609.748, 
 74.14  subdivision 3, is amended to read: 
 74.15     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 74.16  petition for relief must allege facts sufficient to show the 
 74.17  following:  
 74.18     (1) the name of the alleged harassment victim; 
 74.19     (2) the name of the respondent; and 
 74.20     (3) that the respondent has engaged in harassment. 
 74.21  The petition shall be accompanied by an affidavit made under 
 74.22  oath stating the specific facts and circumstances from which 
 74.23  relief is sought.  The court shall provide simplified forms and 
 74.24  clerical assistance to help with the writing and filing of a 
 74.25  petition under this section and shall advise the petitioner of 
 74.26  the right to sue in forma pauperis under section 563.01.  Upon 
 74.27  receipt of the petition, the court shall order a hearing, which 
 74.28  must be held not later than 14 days from the date of the order.  
 74.29  Personal service must be made upon the respondent not less than 
 74.30  five days before the hearing.  If personal service cannot be 
 74.31  completed in time to give the respondent the minimum notice 
 74.32  required under this paragraph, the court may set a new hearing 
 74.33  date. 
 74.34     (b) Notwithstanding paragraph (a), the order for a hearing 
 74.35  and a temporary order issued under subdivision 4 may be served 
 74.36  on the respondent by means of a one-week published notice under 
 75.1   section 645.11, if: 
 75.2      (1) the petitioner files an affidavit with the court 
 75.3   stating that an attempt at personal service made by a sheriff 
 75.4   was unsuccessful because the respondent is avoiding service by 
 75.5   concealment or otherwise; and 
 75.6      (2) a copy of the petition and order for hearing and any 
 75.7   temporary restraining order has been mailed to the respondent at 
 75.8   the respondent's residence or place of business, if the 
 75.9   respondent is an organization, or the respondent's residence or 
 75.10  place of business is not known to the petitioner. 
 75.11     (c) Regardless of the method of service, if the respondent 
 75.12  is a juvenile, whenever possible, the court also shall have 
 75.13  notice of the pendency of the case and of the time and place of 
 75.14  the hearing served by mail at the last known address upon any 
 75.15  parent or guardian of the juvenile respondent who is not the 
 75.16  petitioner. 
 75.17     Sec. 9.  Minnesota Statutes 1996, section 609.748, 
 75.18  subdivision 4, is amended to read: 
 75.19     Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
 75.20  issue a temporary restraining order ordering the respondent to 
 75.21  cease or avoid the harassment of another person or to have no 
 75.22  contact with that person if the petitioner files a petition in 
 75.23  compliance with subdivision 3 and if the court finds reasonable 
 75.24  grounds to believe that the respondent has engaged in harassment.
 75.25     (b) Notice need not be given to the respondent before the 
 75.26  court issues a temporary restraining order under this 
 75.27  subdivision.  A copy of the restraining order must be served on 
 75.28  the respondent along with the order for hearing and petition, as 
 75.29  provided in subdivision 3.  If the respondent is a juvenile, 
 75.30  whenever possible, a copy of the restraining order, along with 
 75.31  notice of the pendency of the case and the time and place of the 
 75.32  hearing, shall also be served by mail at the last known address 
 75.33  upon any parent or guardian of the juvenile respondent who is 
 75.34  not the petitioner.  A temporary restraining order may be 
 75.35  entered only against the respondent named in the petition.  
 75.36     (c) The temporary restraining order is in effect until a 
 76.1   hearing is held on the issuance of a restraining order under 
 76.2   subdivision 5.  The court shall hold the hearing on the issuance 
 76.3   of a restraining order within 14 days after the temporary 
 76.4   restraining order is issued unless (1) the time period is 
 76.5   extended upon written consent of the parties; or (2) the time 
 76.6   period is extended by the court for one additional 14-day period 
 76.7   upon a showing that the respondent has not been served with a 
 76.8   copy of the temporary restraining order despite the exercise of 
 76.9   due diligence or if service is made by published notice under 
 76.10  subdivision 3 and the petitioner files the affidavit required 
 76.11  under that subdivision.  
 76.12     Sec. 10.  Minnesota Statutes 1996, section 634.20, is 
 76.13  amended to read: 
 76.14     634.20 [EVIDENCE OF PRIOR CONDUCT.] 
 76.15     Evidence of similar prior conduct by the accused against 
 76.16  the victim of domestic abuse, as defined under section 518B.01, 
 76.17  subdivision 2, including evidence of a violation against a 
 76.18  family or household member of: 
 76.19     (1) an order for protection under section 518B.01; 
 76.20     (2) section 609.713, subdivision 1; 
 76.21     (3) a harassment restraining order under section 609.748; 
 76.22  or 
 76.23     (4) section 609.79, subdivision 1; 
 76.24  is admissible unless the probative value is substantially 
 76.25  outweighed by the danger of unfair prejudice, confusion of the 
 76.26  issue, or misleading the jury, or by considerations of undue 
 76.27  delay, waste of time, or needless presentation of cumulative 
 76.28  evidence. 
 76.29     Sec. 11.  Laws 1997, chapter 239, article 10, section 1, is 
 76.30  amended to read: 
 76.31     Section 1.  [PILOT PROGRAM.] 
 76.32     Actions under sections 2 to 26 are limited to a pilot 
 76.33  program in the 4th judicial district for the period June 1, 
 76.34  1998, through July 31, 1999 2000.  At the conclusion of the 
 76.35  pilot period, the 4th judicial district shall report to the 
 76.36  legislature on the number of petitions filed under sections 2 to 
 77.1   26, the relationship of the parties, and the disposition of each 
 77.2   petition. 
 77.3      Sec. 12.  Laws 1997, chapter 239, article 10, section 19, 
 77.4   is amended to read: 
 77.5      Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
 77.6   RESPONDENT; PENALTIES.] 
 77.7      Subdivision 1.  [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 
 77.8   petitioner, a peace officer, or an interested party designated 
 77.9   by the court may file an affidavit with the court alleging that 
 77.10  a minor respondent has violated an order for protection/minor 
 77.11  respondent under sections 2 to 26.  The court may order the 
 77.12  minor respondent to appear and show cause within 14 days why the 
 77.13  minor respondent should not be found in contempt of court and 
 77.14  punished for the contempt.  The court may also order the minor 
 77.15  to participate in counseling or other appropriate programs 
 77.16  selected by the court.  The hearing may be held by the court in 
 77.17  any county in which the petitioner or minor respondent 
 77.18  temporarily or permanently resides at the time of the alleged 
 77.19  violation. or in the county in which the alleged violation 
 77.20  occurred, if the petitioner and respondent do not reside in this 
 77.21  state.  The court also shall refer the violation of the order 
 77.22  for protection/minor respondent to the county attorney for 
 77.23  possible prosecution under subdivision 1a, paragraph (b), (c), 
 77.24  or (d), or if the respondent is an adult at the time of the 
 77.25  alleged violation, to the appropriate prosecuting authority for 
 77.26  possible prosecution under Minnesota Statutes, chapter 518B. 
 77.27     Subd. 1a.  [PENALTIES.] (a) A person who violates an order 
 77.28  for protection/minor respondent issued under this section is 
 77.29  subject to the penalties provided in paragraphs (b) to (d), 
 77.30  except that if the respondent or person to be restrained is over 
 77.31  the age of 18 at the time of the violation, Minnesota Statutes, 
 77.32  section 518B.01, subdivision 14, shall apply.  If the respondent 
 77.33  is still a minor at the time of the violation, the laws relating 
 77.34  to delinquency prosecution and disposition in juvenile court 
 77.35  shall apply, consistent with this section and notwithstanding 
 77.36  the provisions of Minnesota Statutes, section 260.015, 
 78.1   subdivision 21. 
 78.2      (b) Except as otherwise provided in paragraphs (c) and (d), 
 78.3   whenever an order for protection/minor respondent is granted 
 78.4   under this section or a similar law of another state, and the 
 78.5   respondent or person to be restrained knows of the order, 
 78.6   violation of the order for protection/minor respondent is a 
 78.7   misdemeanor.  Upon a misdemeanor adjudication of delinquency, 
 78.8   the respondent must be ordered to participate in counseling or 
 78.9   other appropriate programs selected by the court.  A violation 
 78.10  of an order for protection/minor respondent shall also 
 78.11  constitute contempt of court and be subject to the penalties 
 78.12  provided in Minnesota Statutes, chapter 588. 
 78.13     (c) A person is guilty of a gross misdemeanor who knowingly 
 78.14  violates this subdivision during the time period between a 
 78.15  previous adjudication of delinquency under this subdivision; 
 78.16  Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 
 78.17  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
 78.18  a similar law of another state; and the end of the five years 
 78.19  following discharge from sentence for that adjudication of 
 78.20  delinquency.  Upon a gross misdemeanor adjudication of 
 78.21  delinquency under this paragraph, the respondent must be ordered 
 78.22  to participate in counseling or other appropriate programs 
 78.23  selected by the court. 
 78.24     (d) A person is guilty of a felony if the person knowingly 
 78.25  violates this subdivision: 
 78.26     (1) during the time period between the first of two or more 
 78.27  previous adjudications of delinquency under this section or 
 78.28  Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 
 78.29  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
 78.30  a similar law of another state; and the end of the five years 
 78.31  following discharge from sentence for that adjudication of 
 78.32  delinquency; or 
 78.33     (2) while possessing a dangerous weapon, as defined in 
 78.34  Minnesota Statutes, section 609.02, subdivision 6. 
 78.35  Upon a felony adjudication of delinquency under this paragraph, 
 78.36  the court shall order, at a minimum, that the respondent 
 79.1   participate in counseling or other appropriate programs selected 
 79.2   by the court. 
 79.3      (e) A peace officer shall arrest without a warrant and take 
 79.4   into custody a person whom the peace officer has probable cause 
 79.5   to believe has violated an order granted under this section, 
 79.6   Minnesota Statutes, chapter 518B, or a similar law of another 
 79.7   state restraining the person or excluding the person from the 
 79.8   residence or the petitioner's place of employment, even if the 
 79.9   violation of the order did not take place in the presence of the 
 79.10  peace officer, if the existence of the order can be verified by 
 79.11  the officer.  The person shall be held in custody for at least 
 79.12  36 hours, excluding the day of arrest, Sundays, and holidays, 
 79.13  unless the person is released earlier by a judge or judicial 
 79.14  officer.  A peace officer acting in good faith and exercising 
 79.15  due care in making an arrest pursuant to this paragraph is 
 79.16  immune from civil liability that might result from the officer's 
 79.17  actions.  A peace officer is not liable under Minnesota 
 79.18  Statutes, section 609.43, clause (1), for a failure to perform a 
 79.19  duty required by this paragraph. 
 79.20     (f) If the court finds that the respondent has violated an 
 79.21  order for protection/minor respondent and that there is reason 
 79.22  to believe that the respondent will commit a further violation 
 79.23  of the provisions of the order restraining the respondent from 
 79.24  committing acts of domestic abuse or excluding the respondent 
 79.25  from the petitioner's residence, the court may require the 
 79.26  respondent to acknowledge an obligation to comply with the order 
 79.27  on the record. 
 79.28     Subd. 2.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
 79.29  that a minor respondent has violated an order for 
 79.30  protection/minor respondent issued under sections 2 to 26 and 
 79.31  the court finds that the order has expired between the time of 
 79.32  the alleged violation and the court's hearing on the violation, 
 79.33  the court may grant a new order for protection/minor respondent 
 79.34  based solely on the minor respondent's alleged violation of the 
 79.35  prior order, to be effective until the hearing on the alleged 
 79.36  violation of the prior order.  The relief granted in the new 
 80.1   order for protection/minor respondent must be extended for a 
 80.2   fixed period, not to exceed one year, except when the court 
 80.3   determines a longer fixed period is appropriate. 
 80.4      Subd. 3.  [ADMITTANCE INTO DWELLING.] Admittance into the 
 80.5   petitioner's dwelling of an abusing party excluded from the 
 80.6   dwelling under an order for protection/minor respondent is not a 
 80.7   violation by the petitioner of the order. 
 80.8      Subd. 4.  [POSSESSION OF FIREARM.] (a) When a person is 
 80.9   adjudicated delinquent under subdivision 1a, paragraph (b), (c), 
 80.10  or (d), of violating an order for protection/minor respondent 
 80.11  and the court determines that the person used a firearm in any 
 80.12  way during commission of the violation, the court may order that 
 80.13  the person is prohibited from possessing any type of firearm for 
 80.14  any period longer than three years or for the remainder of the 
 80.15  person's life.  A person who violates this paragraph is guilty 
 80.16  of a gross misdemeanor.  At the time of the adjudication of 
 80.17  delinquency, the court shall inform the respondent whether and 
 80.18  for how long the respondent is prohibited from possessing a 
 80.19  firearm and that it is a gross misdemeanor to violate this 
 80.20  paragraph.  The failure of the court to provide this information 
 80.21  to a respondent does not affect the applicability of the firearm 
 80.22  possession prohibition or the gross misdemeanor penalty to that 
 80.23  respondent. 
 80.24     (b) Except as otherwise provided in paragraph (a), when a 
 80.25  person is adjudicated delinquent under subdivision 1a, paragraph 
 80.26  (b), (c), or (d), of violating an order for protection/minor 
 80.27  respondent, the court shall inform the respondent that the 
 80.28  respondent is prohibited from possessing a pistol for three 
 80.29  years from the date of adjudication of delinquency and that it 
 80.30  is a gross misdemeanor offense to violate this prohibition.  The 
 80.31  failure of the court to provide this information to a respondent 
 80.32  does not affect the applicability of the pistol possession 
 80.33  prohibition or the gross misdemeanor penalty to that respondent. 
 80.34     (c) Except as otherwise provided in paragraph (a), a person 
 80.35  is not entitled to possess a pistol if the person has been 
 80.36  adjudicated delinquent under subdivision 1a, paragraph (b), (c), 
 81.1   or (d), of violating an order for protection/minor respondent, 
 81.2   unless three years have elapsed from the date of adjudication of 
 81.3   delinquency and, during that time, the person has not been 
 81.4   adjudicated delinquent or convicted of any other violation of 
 81.5   this section or Minnesota Statutes, chapter 518B.  Property 
 81.6   rights may not be abated but access may be restricted by the 
 81.7   courts.  A person who possesses a pistol in violation of this 
 81.8   paragraph is guilty of a gross misdemeanor. 
 81.9      (d) If the court determines that a person adjudicated 
 81.10  delinquent under subdivision 1a, paragraph (b), (c), or (d), of 
 81.11  violating an order for protection/minor respondent owns or 
 81.12  possesses a firearm and used it in any way during the commission 
 81.13  of the violation, it shall order that the firearm be summarily 
 81.14  forfeited under Minnesota Statutes, section 609.5316, 
 81.15  subdivision 3. 
 81.16     Sec. 13.  [EFFECTIVE DATE.] 
 81.17     Sections 8, 9, 11, and 12 are effective June 1, 1998, and 
 81.18  apply to offenses committed on or after that date.  The 
 81.19  remaining sections in this article are effective August 1, 1998, 
 81.20  and apply to offenses committed on or after that date. 
 81.21                             ARTICLE 6 
 81.22                       SENTENCING PROVISIONS 
 81.23     Section 1.  Minnesota Statutes 1996, section 609.095, is 
 81.24  amended to read: 
 81.25     609.095 [LIMITS OF SENTENCES.] 
 81.26     (a) The legislature has the exclusive authority to define 
 81.27  crimes and offenses and the range of the sentences or 
 81.28  punishments for their violation.  No other or different sentence 
 81.29  or punishment shall be imposed for the commission of a crime 
 81.30  than is authorized by this chapter or other applicable law.  
 81.31     (b) Except as provided in section 152.18 or upon agreement 
 81.32  of the parties, a court may not refuse to adjudicate the guilt 
 81.33  of a defendant who tenders a guilty plea in accordance with 
 81.34  Minnesota Rules of Criminal Procedure, rule 15, or who has been 
 81.35  found guilty by a court or jury following a trial. 
 81.36     (c) Paragraph (b) does not supersede Minnesota Rules of 
 82.1   Criminal Procedure, rule 26.04. 
 82.2      Sec. 2.  [LEGISLATIVE PURPOSE.] 
 82.3      Sections 3 to 7 recodify and clarify current laws relating 
 82.4   to increased sentences for certain dangerous or repeat offenders 
 82.5   in order to group them together near the beginning of the 
 82.6   criminal code.  This recodification aims to unify these various 
 82.7   increased sentence provisions to facilitate their use and is not 
 82.8   intended to result in any substantive change in the recodified 
 82.9   sections. 
 82.10     Sec. 3.  [609.106] [HEINOUS CRIMES.] 
 82.11     Subdivision 1.  [TERMS.] (a) As used in this section, 
 82.12  "heinous crime" means:  
 82.13     (1) a violation or attempted violation of section 609.185 
 82.14  or 609.19; 
 82.15     (2) a violation of section 609.195 or 609.221; or 
 82.16     (3) a violation of section 609.342, 609.343, or 609.344, if 
 82.17  the offense was committed with force or violence. 
 82.18     (b) "Previous conviction" means a conviction in Minnesota 
 82.19  for a heinous crime or a conviction elsewhere for conduct that 
 82.20  would have been a heinous crime under this chapter if committed 
 82.21  in Minnesota.  The term includes any conviction that occurred 
 82.22  before the commission of the present offense of conviction, but 
 82.23  does not include a conviction if 15 years have elapsed since the 
 82.24  person was discharged from the sentence imposed for the offense. 
 82.25     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
 82.26  a person to life imprisonment without possibility of release 
 82.27  under the following circumstances: 
 82.28     (1) the person is convicted of first degree murder under 
 82.29  section 609.185, clause (2) or (4); or 
 82.30     (2) the person is convicted of first degree murder under 
 82.31  section 609.185, clause (1), (3), (5), or (6), and the court 
 82.32  determines on the record at the time of sentencing that the 
 82.33  person has one or more previous convictions for a heinous crime. 
 82.34     Sec. 4.  [609.107] [MANDATORY PENALTY FOR CERTAIN 
 82.35  MURDERERS.] 
 82.36     When a person is convicted of violating section 609.19 or 
 83.1   609.195, the court shall sentence the person to the statutory 
 83.2   maximum sentence for the offense if the person was previously 
 83.3   convicted of a heinous crime as defined in section 609.106 and 
 83.4   15 years have not elapsed since the person was discharged from 
 83.5   the sentence imposed for that conviction.  The court may not 
 83.6   stay the imposition or execution of the sentence, 
 83.7   notwithstanding section 609.135. 
 83.8      Sec. 5.  [609.108] [MANDATORY INCREASED SENTENCES FOR 
 83.9   CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR 
 83.10  CONVICTION REQUIRED.] 
 83.11     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
 83.12  shall commit a person to the commissioner of corrections for a 
 83.13  period of time that is not less than double the presumptive 
 83.14  sentence under the sentencing guidelines and not more than the 
 83.15  statutory maximum, or if the statutory maximum is less than 
 83.16  double the presumptive sentence, for a period of time that is 
 83.17  equal to the statutory maximum, if: 
 83.18     (1) the court is imposing an executed sentence, based on a 
 83.19  sentencing guidelines presumptive imprisonment sentence or a 
 83.20  dispositional departure for aggravating circumstances or a 
 83.21  mandatory minimum sentence, on a person convicted of committing 
 83.22  or attempting to commit a violation of section 609.342, 609.343, 
 83.23  609.344, or 609.345, or on a person convicted of committing or 
 83.24  attempting to commit any other crime listed in subdivision 3 if 
 83.25  it reasonably appears to the court that the crime was motivated 
 83.26  by the offender's sexual impulses or was part of a predatory 
 83.27  pattern of behavior that had criminal sexual conduct as its 
 83.28  goal; 
 83.29     (2) the court finds that the offender is a danger to public 
 83.30  safety; and 
 83.31     (3) the court finds that the offender needs long-term 
 83.32  treatment or supervision beyond the presumptive term of 
 83.33  imprisonment and supervised release.  The finding must be based 
 83.34  on a professional assessment by an examiner experienced in 
 83.35  evaluating sex offenders that concludes that the offender is a 
 83.36  patterned sex offender.  The assessment must contain the facts 
 84.1   upon which the conclusion is based, with reference to the 
 84.2   offense history of the offender or the severity of the current 
 84.3   offense, the social history of the offender, and the results of 
 84.4   an examination of the offender's mental status unless the 
 84.5   offender refuses to be examined.  The conclusion may not be 
 84.6   based on testing alone.  A patterned sex offender is one whose 
 84.7   criminal sexual behavior is so engrained that the risk of 
 84.8   reoffending is great without intensive psychotherapeutic 
 84.9   intervention or other long-term controls. 
 84.10     (b) The court shall consider imposing a sentence under this 
 84.11  section whenever a person is convicted of violating section 
 84.12  609.342 or 609.343. 
 84.13     Subd. 2.  [INCREASED STATUTORY MAXIMUM.] If the factfinder 
 84.14  determines, at the time of the trial or the guilty plea, that a 
 84.15  predatory offense was motivated by, committed in the course of, 
 84.16  or committed in furtherance of sexual contact or penetration, as 
 84.17  defined in section 609.341, and the court is imposing a sentence 
 84.18  under subdivision 1, the statutory maximum imprisonment penalty 
 84.19  for the offense is 40 years, notwithstanding the statutory 
 84.20  maximum imprisonment penalty otherwise provided for the offense. 
 84.21     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
 84.22  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
 84.23  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
 84.24  609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
 84.25  or 609.582, subdivision 1. 
 84.26     Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 84.27  its finding that the offender is a danger to public safety on 
 84.28  any of the following factors: 
 84.29     (1) the crime involved an aggravating factor that would 
 84.30  justify a durational departure from the presumptive sentence 
 84.31  under the sentencing guidelines; 
 84.32     (2) the offender previously committed or attempted to 
 84.33  commit a predatory crime or a violation of section 609.224 or 
 84.34  609.2242, including: 
 84.35     (i) an offense committed as a juvenile that would have been 
 84.36  a predatory crime or a violation of section 609.224 or 609.2242 
 85.1   if committed by an adult; or 
 85.2      (ii) a violation or attempted violation of a similar law of 
 85.3   any other state or the United States; or 
 85.4      (3) the offender planned or prepared for the crime prior to 
 85.5   its commission. 
 85.6      Subd. 5.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
 85.7   under subdivision 1 is a departure from the sentencing 
 85.8   guidelines. 
 85.9      Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
 85.10  under subdivision 1, the court shall provide that after the 
 85.11  offender has completed the sentence imposed, less any good time 
 85.12  earned by an offender whose crime was committed before August 1, 
 85.13  1993, the commissioner of corrections shall place the offender 
 85.14  on conditional release for the remainder of the statutory 
 85.15  maximum period, or for ten years, whichever is longer. 
 85.16     The conditions of release may include successful completion 
 85.17  of treatment and aftercare in a program approved by the 
 85.18  commissioner, satisfaction of the release conditions specified 
 85.19  in section 244.05, subdivision 6, and any other conditions the 
 85.20  commissioner considers appropriate.  Before the offender is 
 85.21  released, the commissioner shall notify the sentencing court, 
 85.22  the prosecutor in the jurisdiction where the offender was 
 85.23  sentenced, and the victim of the offender's crime, where 
 85.24  available, of the terms of the offender's conditional release.  
 85.25  If the offender fails to meet any condition of release, the 
 85.26  commissioner may revoke the offender's conditional release and 
 85.27  order that the offender serve all or a part of the remaining 
 85.28  portion of the conditional release term in prison.  The 
 85.29  commissioner shall not dismiss the offender from supervision 
 85.30  before the conditional release term expires. 
 85.31     Conditional release granted under this subdivision is 
 85.32  governed by provisions relating to supervised release, except as 
 85.33  otherwise provided in this subdivision, section 244.04, 
 85.34  subdivision 1, or 244.05. 
 85.35     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
 85.36  shall pay the cost of treatment of a person released under 
 86.1   subdivision 6.  This section does not require the commissioner 
 86.2   to accept or retain an offender in a treatment program. 
 86.3      Sec. 6.  [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR 
 86.4   REPEAT SEX OFFENDERS.] 
 86.5      Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
 86.6   purposes of this section, "offense" means a completed offense or 
 86.7   an attempt to commit an offense.  
 86.8      Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
 86.9   provided in subdivision 3 or 4, if a person is convicted under 
 86.10  sections 609.342 to 609.345, within 15 years of a previous sex 
 86.11  offense conviction, the court shall commit the defendant to the 
 86.12  commissioner of corrections for not less than three years, nor 
 86.13  more than the maximum sentence provided by law for the offense 
 86.14  for which convicted, notwithstanding the provisions of sections 
 86.15  242.19, 243.05, 609.11, 609.12, and 609.135.  The court may stay 
 86.16  the execution of the sentence imposed under this subdivision 
 86.17  only if it finds that a professional assessment indicates the 
 86.18  offender is accepted by and can respond to treatment at a 
 86.19  long-term inpatient program exclusively treating sex offenders 
 86.20  and approved by the commissioner of corrections.  If the court 
 86.21  stays the execution of a sentence, it shall include the 
 86.22  following as conditions of probation:  
 86.23     (1) incarceration in a local jail or workhouse; and 
 86.24     (2) a requirement that the offender successfully complete 
 86.25  the treatment program and aftercare as directed by the court. 
 86.26     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
 86.27  sentence a person to imprisonment for life, notwithstanding the 
 86.28  statutory maximum sentence under section 609.342, if: 
 86.29     (1) the person has been indicted by a grand jury under this 
 86.30  subdivision; 
 86.31     (2) the person is convicted under section 609.342; and 
 86.32     (3) the court determines on the record at the time of 
 86.33  sentencing that any of the following circumstances exists: 
 86.34     (i) the person has previously been sentenced under section 
 86.35  609.1095; 
 86.36     (ii) the person has one previous sex offense conviction for 
 87.1   a violation of section 609.342, 609.343, or 609.344 that 
 87.2   occurred before August 1, 1989, for which the person was 
 87.3   sentenced to prison in an upward durational departure from the 
 87.4   sentencing guidelines that resulted in a sentence at least twice 
 87.5   as long as the presumptive sentence; or 
 87.6      (iii) the person has two previous sex offense convictions 
 87.7   under section 609.342, 609.343, or 609.344. 
 87.8      (b) Notwithstanding subdivision 2 and section 609.342, 
 87.9   subdivision 3, the court may not stay imposition of the sentence 
 87.10  required by this subdivision. 
 87.11     Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
 87.12  commit a person to the commissioner of corrections for not less 
 87.13  than 30 years, notwithstanding the statutory maximum sentence 
 87.14  under section 609.343, if: 
 87.15     (1) the person is convicted under section 609.342, 
 87.16  subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
 87.17  subdivision 1, clause (c), (d), (e), or (f); and 
 87.18     (2) the court determines on the record at the time of 
 87.19  sentencing that:  
 87.20     (i) the crime involved an aggravating factor that would 
 87.21  provide grounds for an upward departure under the sentencing 
 87.22  guidelines other than the aggravating factor applicable to 
 87.23  repeat criminal sexual conduct convictions; and 
 87.24     (ii) the person has a previous sex offense conviction under 
 87.25  section 609.342, 609.343, or 609.344. 
 87.26     (b) Notwithstanding subdivision 2 and sections 609.342, 
 87.27  subdivision 3; and 609.343, subdivision 3, the court may not 
 87.28  stay imposition or execution of the sentence required by this 
 87.29  subdivision. 
 87.30     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 87.31  purposes of this section, a conviction is considered a previous 
 87.32  sex offense conviction if the person was convicted of a sex 
 87.33  offense before the commission of the present offense of 
 87.34  conviction.  A person has two previous sex offense convictions 
 87.35  only if the person was convicted and sentenced for a sex offense 
 87.36  committed after the person was earlier convicted and sentenced 
 88.1   for a sex offense, both convictions preceded the commission of 
 88.2   the present offense of conviction, and 15 years have not elapsed 
 88.3   since the person was discharged from the sentence imposed for 
 88.4   the second conviction.  A "sex offense" is a violation of 
 88.5   sections 609.342 to 609.345 or any similar statute of the United 
 88.6   States, this state, or any other state. 
 88.7      Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
 88.8   shall sentence a person to at least twice the presumptive 
 88.9   sentence recommended by the sentencing guidelines if: 
 88.10     (1) the person is convicted under section 609.342, 
 88.11  subdivision 1, clause (c), (d), (e), or (f); 609.343, 
 88.12  subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
 88.13  subdivision 1, clause (c) or (d); and 
 88.14     (2) the court determines on the record at the time of 
 88.15  sentencing that the crime involved an aggravating factor that 
 88.16  would provide grounds for an upward departure under the 
 88.17  sentencing guidelines. 
 88.18     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
 88.19  Notwithstanding the statutory maximum sentence otherwise 
 88.20  applicable to the offense or any provision of the sentencing 
 88.21  guidelines, when a court sentences a person to prison for a 
 88.22  violation of section 609.342, 609.343, 609.344, or 609.345, the 
 88.23  court shall provide that after the person has completed the 
 88.24  sentence imposed, the commissioner of corrections shall place 
 88.25  the person on conditional release.  If the person was convicted 
 88.26  for a violation of section 609.342, 609.343, 609.344, or 
 88.27  609.345, the person shall be placed on conditional release for 
 88.28  five years, minus the time the person served on supervised 
 88.29  release.  If the person was convicted for a violation of one of 
 88.30  those sections a second or subsequent time, or sentenced under 
 88.31  subdivision 6 to a mandatory departure, the person shall be 
 88.32  placed on conditional release for ten years, minus the time the 
 88.33  person served on supervised release. 
 88.34     (b) The conditions of release may include successful 
 88.35  completion of treatment and aftercare in a program approved by 
 88.36  the commissioner, satisfaction of the release conditions 
 89.1   specified in section 244.05, subdivision 6, and any other 
 89.2   conditions the commissioner considers appropriate.  If the 
 89.3   offender fails to meet any condition of release, the 
 89.4   commissioner may revoke the offender's conditional release and 
 89.5   order that the offender serve the remaining portion of the 
 89.6   conditional release term in prison.  The commissioner shall not 
 89.7   dismiss the offender from supervision before the conditional 
 89.8   release term expires. 
 89.9      Conditional release under this subdivision is governed by 
 89.10  provisions relating to supervised release, except as otherwise 
 89.11  provided in this subdivision, section 244.04, subdivision 1, or 
 89.12  244.05. 
 89.13     (c) The commissioner shall pay the cost of treatment of a 
 89.14  person released under this subdivision.  This section does not 
 89.15  require the commissioner to accept or retain an offender in a 
 89.16  treatment program. 
 89.17     Sec. 7.  [609.1095] [INCREASED SENTENCES FOR CERTAIN 
 89.18  DANGEROUS AND REPEAT FELONY OFFENDERS.] 
 89.19     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 89.20  the following terms have the meanings given.  
 89.21     (b) "Conviction" means any of the following accepted and 
 89.22  recorded by the court:  a plea of guilty, a verdict of guilty by 
 89.23  a jury, or a finding of guilty by the court.  The term includes 
 89.24  a conviction by any court in Minnesota or another jurisdiction.  
 89.25     (c) "Prior conviction" means a conviction that occurred 
 89.26  before the offender committed the next felony resulting in a 
 89.27  conviction and before the offense for which the offender is 
 89.28  being sentenced under this section. 
 89.29     (d) "Violent crime" means a violation of or an attempt or 
 89.30  conspiracy to violate any of the following laws of this state or 
 89.31  any similar laws of the United States or any other state:  
 89.32  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
 89.33  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
 89.34  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
 89.35  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
 89.36  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
 90.1   609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
 90.2   609.687; 609.855, subdivision 5; any provision of sections 
 90.3   609.229; 609.377; 609.378; 609.749; and 624.713 that is 
 90.4   punishable by a felony penalty; or any provision of chapter 152 
 90.5   that is punishable by a maximum sentence of 15 years or more. 
 90.6      Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
 90.7   COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
 90.8   of a violent crime that is a felony, and the judge is imposing 
 90.9   an executed sentence based on a sentencing guidelines 
 90.10  presumptive imprisonment sentence, the judge may impose an 
 90.11  aggravated durational departure from the presumptive 
 90.12  imprisonment sentence up to the statutory maximum sentence if 
 90.13  the offender was at least 18 years old at the time the felony 
 90.14  was committed, and: 
 90.15     (1) the court determines on the record at the time of 
 90.16  sentencing that the offender has two or more prior convictions 
 90.17  for violent crimes; and 
 90.18     (2) the court finds that the offender is a danger to public 
 90.19  safety and specifies on the record the basis for the finding, 
 90.20  which may include: 
 90.21     (i) the offender's past criminal behavior, such as the 
 90.22  offender's high frequency rate of criminal activity or juvenile 
 90.23  adjudications, or long involvement in criminal activity 
 90.24  including juvenile adjudications; or 
 90.25     (ii) the fact that the present offense of conviction 
 90.26  involved an aggravating factor that would justify a durational 
 90.27  departure under the sentencing guidelines. 
 90.28     Subd. 3.  [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 
 90.29  COMMITS A THIRD VIOLENT FELONY.] (a) Unless a longer mandatory 
 90.30  minimum sentence is otherwise required by law or the court 
 90.31  imposes a longer aggravated durational departure under 
 90.32  subdivision 2, a person who is convicted of a violent crime that 
 90.33  is a felony must be committed to the commissioner of corrections 
 90.34  for a mandatory sentence of at least the length of the 
 90.35  presumptive sentence under the sentencing guidelines if the 
 90.36  court determines on the record at the time of sentencing that 
 91.1   the person has two or more prior felony convictions for violent 
 91.2   crimes.  The court shall impose and execute the prison sentence 
 91.3   regardless of whether the guidelines presume an executed prison 
 91.4   sentence.  
 91.5      Any person convicted and sentenced as required by this 
 91.6   subdivision is not eligible for probation, parole, discharge, or 
 91.7   work release, until that person has served the full term of 
 91.8   imprisonment imposed by the court, notwithstanding sections 
 91.9   241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.  
 91.10     (b) For purposes of this subdivision, "violent crime" does 
 91.11  not include a violation of section 152.023 or 152.024. 
 91.12     Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
 91.13  SIXTH FELONY.] Whenever a person is convicted of a felony, and 
 91.14  the judge is imposing an executed sentence based on a sentencing 
 91.15  guidelines presumptive imprisonment sentence, the judge may 
 91.16  impose an aggravated durational departure from the presumptive 
 91.17  sentence up to the statutory maximum sentence if the judge finds 
 91.18  and specifies on the record that the offender has five or more 
 91.19  prior felony convictions and that the present offense is a 
 91.20  felony that was committed as part of a pattern of criminal 
 91.21  conduct. 
 91.22     Sec. 8.  Minnesota Statutes 1996, section 609.347, 
 91.23  subdivision 1, is amended to read: 
 91.24     Subdivision 1.  In a prosecution under sections 609.109 or 
 91.25  609.342 to 609.346 609.3451, the testimony of a victim need not 
 91.26  be corroborated. 
 91.27     Sec. 9.  Minnesota Statutes 1996, section 609.347, 
 91.28  subdivision 2, is amended to read: 
 91.29     Subd. 2.  In a prosecution under sections 609.109 or 
 91.30  609.342 to 609.346 609.3451, there is no need to show that the 
 91.31  victim resisted the accused.  
 91.32     Sec. 10.  Minnesota Statutes 1996, section 609.347, 
 91.33  subdivision 3, is amended to read: 
 91.34     Subd. 3.  In a prosecution under sections 609.109, 609.342 
 91.35  to 609.346 609.3451, or 609.365, evidence of the victim's 
 91.36  previous sexual conduct shall not be admitted nor shall any 
 92.1   reference to such conduct be made in the presence of the jury, 
 92.2   except by court order under the procedure provided in 
 92.3   subdivision 4.  The evidence can be admitted only if the 
 92.4   probative value of the evidence is not substantially outweighed 
 92.5   by its inflammatory or prejudicial nature and only in the 
 92.6   circumstances set out in paragraphs (a) and (b).  For the 
 92.7   evidence to be admissible under paragraph (a), subsection (i), 
 92.8   the judge must find by a preponderance of the evidence that the 
 92.9   facts set out in the accused's offer of proof are true.  For the 
 92.10  evidence to be admissible under paragraph (a), subsection (ii) 
 92.11  or paragraph (b), the judge must find that the evidence is 
 92.12  sufficient to support a finding that the facts set out in the 
 92.13  accused's offer of proof are true, as provided under Rule 901 of 
 92.14  the Rules of Evidence. 
 92.15     (a) When consent of the victim is a defense in the case, 
 92.16  the following evidence is admissible: 
 92.17     (i) evidence of the victim's previous sexual conduct 
 92.18  tending to establish a common scheme or plan of similar sexual 
 92.19  conduct under circumstances similar to the case at issue.  In 
 92.20  order to find a common scheme or plan, the judge must find that 
 92.21  the victim made prior allegations of sexual assault which were 
 92.22  fabricated; and 
 92.23     (ii) evidence of the victim's previous sexual conduct with 
 92.24  the accused.  
 92.25     (b) When the prosecution's case includes evidence of semen, 
 92.26  pregnancy, or disease at the time of the incident or, in the 
 92.27  case of pregnancy, between the time of the incident and trial, 
 92.28  evidence of specific instances of the victim's previous sexual 
 92.29  conduct is admissible solely to show the source of the semen, 
 92.30  pregnancy, or disease. 
 92.31     Sec. 11.  Minnesota Statutes 1996, section 609.347, 
 92.32  subdivision 5, is amended to read: 
 92.33     Subd. 5.  In a prosecution under sections 609.109 or 
 92.34  609.342 to 609.346 609.3451, the court shall not instruct the 
 92.35  jury to the effect that: 
 92.36     (a) It may be inferred that a victim who has previously 
 93.1   consented to sexual intercourse with persons other than the 
 93.2   accused would be therefore more likely to consent to sexual 
 93.3   intercourse again; or 
 93.4      (b) The victim's previous or subsequent sexual conduct in 
 93.5   and of itself may be considered in determining the credibility 
 93.6   of the victim; or 
 93.7      (c) Criminal sexual conduct is a crime easily charged by a 
 93.8   victim but very difficult to disprove by an accused because of 
 93.9   the heinous nature of the crime; or 
 93.10     (d) The jury should scrutinize the testimony of the victim 
 93.11  any more closely than it should scrutinize the testimony of any 
 93.12  witness in any felony prosecution.  
 93.13     Sec. 12.  Minnesota Statutes 1996, section 609.347, 
 93.14  subdivision 6, is amended to read: 
 93.15     Subd. 6.  (a) In a prosecution under sections 609.109 or 
 93.16  609.342 to 609.346 609.3451 involving a psychotherapist and 
 93.17  patient, evidence of the patient's personal or medical history 
 93.18  is not admissible except when:  
 93.19     (1) the accused requests a hearing at least three business 
 93.20  days prior to trial and makes an offer of proof of the relevancy 
 93.21  of the history; and 
 93.22     (2) the court finds that the history is relevant and that 
 93.23  the probative value of the history outweighs its prejudicial 
 93.24  value.  
 93.25     (b) The court shall allow the admission only of specific 
 93.26  information or examples of conduct of the victim that are 
 93.27  determined by the court to be relevant.  The court's order shall 
 93.28  detail the information or conduct that is admissible and no 
 93.29  other evidence of the history may be introduced. 
 93.30     (c) Violation of the terms of the order is grounds for 
 93.31  mistrial but does not prevent the retrial of the accused.  
 93.32     Sec. 13.  Minnesota Statutes 1996, section 609.348, is 
 93.33  amended to read: 
 93.34     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 93.35     Sections 609.109 and 609.342 to 609.346 609.3451 do not 
 93.36  apply to sexual penetration or sexual contact when done for a 
 94.1   bona fide medical purpose. 
 94.2      Sec. 14.  Minnesota Statutes 1996, section 631.045, is 
 94.3   amended to read: 
 94.4      631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 94.5      At the trial of a complaint or indictment for a violation 
 94.6   of sections 609.109, 609.341 to 609.346 609.3451, or 617.246, 
 94.7   subdivision 2, when a minor under 18 years of age is the person 
 94.8   upon, with, or against whom the crime is alleged to have been 
 94.9   committed, the judge may exclude the public from the courtroom 
 94.10  during the victim's testimony or during all or part of the 
 94.11  remainder of the trial upon a showing that closure is necessary 
 94.12  to protect a witness or ensure fairness in the trial.  The judge 
 94.13  shall give the prosecutor, defendant and members of the public 
 94.14  the opportunity to object to the closure before a closure order. 
 94.15  The judge shall specify the reasons for closure in an order 
 94.16  closing all or part of the trial.  Upon closure the judge shall 
 94.17  only admit persons who have a direct interest in the case.  
 94.18     Sec. 15.  [REVISOR'S INSTRUCTION.] 
 94.19     In each section of Minnesota Statutes referred to in column 
 94.20  A, the revisor of statutes shall delete the reference in column 
 94.21  B and insert the reference in column C. 
 94.22        Column A                Column B       Column C
 94.23        171.3215, subd. 4       609.152        609.1095
 94.24        241.67, subd. 3         609.1352       609.108
 94.25        243.166, subd. 1        609.1352       609.108
 94.26        244.04, subd. 1         609.1352       609.108
 94.27        244.04, subd. 1         609.346        609.109
 94.28        244.05, subd. 1         609.1352       609.108
 94.29        244.05, subd. 3         609.1352       609.108
 94.30        244.05, subd. 4         609.184        609.106
 94.31        244.05, subd. 4         609.346        609.109 
 94.32        244.05, subd. 5         609.346        609.109
 94.33        244.05, subd. 6         609.1352       609.108
 94.34        244.05, subd. 7         609.1352       609.108
 94.35        244.08, subd. 1         609.346        609.109
 94.36        244.08, subd. 2         609.346        609.109
 95.1         609.1351                609.1352       609.108
 95.2         609.196                 609.184        609.106
 95.3         609.342, subd. 2        609.346        609.109
 95.4         609.342, subd. 3        609.346        609.109
 95.5         609.343, subd. 2        609.346        609.109
 95.6         609.345, subd. 3        609.346        609.109
 95.7         609.3461, subd. 1       609.1352       609.108
 95.8         609.3461, subd. 2       609.1352       609.108
 95.9         609.713, subd. 1        609.152        609.1095
 95.10        611A.19, subd. 1        609.152        609.1095
 95.11     The revisor shall make any other cross-reference changes in 
 95.12  the next edition of Minnesota Statutes that are necessary to 
 95.13  implement the recodification of laws contained in sections 3 to 
 95.14  7 and 16, and if Minnesota Statutes, chapter 609, is further 
 95.15  amended in the 1998 legislative session, the revisor shall 
 95.16  codify the amendments in a manner consistent with this 
 95.17  recodification. 
 95.18     Sec. 16.  [REPEALER.] 
 95.19     Minnesota Statutes 1996, sections 609.1352; 609.152; 
 95.20  609.184; 609.196; and 609.346, are repealed. 
 95.21     Sec. 17.  [EFFECTIVE DATE.] 
 95.22     Sections 1 to 16 are effective August 1, 1998. 
 95.23                             ARTICLE 7 
 95.24            PRETRIAL AND CONDITIONAL RELEASE PROVISIONS 
 95.25     Section 1.  Minnesota Statutes 1996, section 243.05, 
 95.26  subdivision 1, is amended to read: 
 95.27     Subdivision 1.  [CONDITIONAL RELEASE.] (a) The commissioner 
 95.28  of corrections may parole any person sentenced to confinement in 
 95.29  any state correctional facility for adults under the control of 
 95.30  the commissioner of corrections, provided that:  
 95.31     (a) (1) no inmate serving a life sentence for committing 
 95.32  murder before May 1, 1980, other than murder committed in 
 95.33  violation of clause (1) of section 609.185 who has not been 
 95.34  previously convicted of a felony shall be paroled without having 
 95.35  served 20 years, less the diminution that would have been 
 95.36  allowed for good conduct had the sentence been for 20 years; 
 96.1      (b) (2) no inmate serving a life sentence for committing 
 96.2   murder before May 1, 1980, who has been previously convicted of 
 96.3   a felony or though not previously convicted of a felony is 
 96.4   serving a life sentence for murder in the first degree committed 
 96.5   in violation of clause (1) of section 609.185 shall be paroled 
 96.6   without having served 25 years, less the diminution which would 
 96.7   have been allowed for good conduct had the sentence been for 25 
 96.8   years; 
 96.9      (c) (3) any inmate sentenced prior to September 1, 1963, 
 96.10  who would be eligible for parole had the inmate been sentenced 
 96.11  after September 1, 1963, shall be eligible for parole; and 
 96.12     (d) (4) any new rule or policy or change of rule or policy 
 96.13  adopted by the commissioner of corrections which has the effect 
 96.14  of postponing eligibility for parole has prospective effect only 
 96.15  and applies only with respect to persons committing offenses 
 96.16  after the effective date of the new rule or policy or change.  
 96.17     (b) Upon being paroled and released, an inmate is and 
 96.18  remains in the legal custody and under the control of the 
 96.19  commissioner, subject at any time to be returned to a facility 
 96.20  of the department of corrections established by law for the 
 96.21  confinement or treatment of convicted persons and the parole 
 96.22  rescinded by the commissioner.  
 96.23     (c) The written order of the commissioner of corrections, 
 96.24  is sufficient authority for any peace officer, state 
 96.25  correctional investigator, or state parole and probation agent 
 96.26  to retake and place in actual custody any person on parole or 
 96.27  supervised release, but.  In addition, when it appears necessary 
 96.28  in order to prevent escape or enforce discipline, any state 
 96.29  parole and probation agent or state correctional investigator 
 96.30  may, without order of warrant, when it appears necessary in 
 96.31  order to prevent escape or enforce discipline, take and detain a 
 96.32  parolee or person on supervised release or work release and 
 96.33  bring the person to the commissioner for action.  
 96.34     (d) The written order of the commissioner of corrections is 
 96.35  sufficient authority for any peace officer, state correctional 
 96.36  investigator, or state parole and probation agent to retake and 
 97.1   place in actual custody any person on probation under the 
 97.2   supervision of the commissioner pursuant to section 609.135, 
 97.3   but.  Additionally, when it appears necessary in order to 
 97.4   prevent escape or enforce discipline, any state parole and 
 97.5   probation agent or state correctional investigator may, without 
 97.6   an order, when it appears necessary in order to prevent escape 
 97.7   or enforce discipline, retake and detain a probationer and bring 
 97.8   the probationer before the court for further proceedings under 
 97.9   section 609.14.  
 97.10     (e) The written order of the commissioner of corrections is 
 97.11  sufficient authority for any peace officer, state correctional 
 97.12  investigator, or state parole and probation agent to detain any 
 97.13  person on pretrial release who absconds from pretrial release or 
 97.14  fails to abide by the conditions of pretrial release.  
 97.15     (f) Persons conditionally released, and those on probation 
 97.16  under the supervision of the commissioner of corrections 
 97.17  pursuant to section 609.135 may be placed within or outside the 
 97.18  boundaries of the state at the discretion of the commissioner of 
 97.19  corrections or the court, and the limits fixed for these persons 
 97.20  may be enlarged or reduced according to their conduct. 
 97.21     (g) Except as otherwise provided in subdivision 1b, in 
 97.22  considering applications for conditional release or discharge, 
 97.23  the commissioner is not required to hear oral argument from any 
 97.24  attorney or other person not connected with an adult 
 97.25  correctional facility of the department of corrections in favor 
 97.26  of or against the parole or release of any inmates, but.  The 
 97.27  commissioner may institute inquiries by correspondence, taking 
 97.28  testimony, or otherwise, as to the previous history, physical or 
 97.29  mental condition, and character of the inmate, and, to that end 
 97.30  shall have, has the authority to require the attendance of the 
 97.31  chief executive officer of any state adult correctional facility 
 97.32  and the production of the records of these facilities, and to 
 97.33  compel the attendance of witnesses.  The commissioner is 
 97.34  authorized to administer oaths to witnesses for these purposes. 
 97.35     (h) Unless the district court directs otherwise, state 
 97.36  parole and probation agents may require a person who is under 
 98.1   the supervision of the commissioner of corrections to perform 
 98.2   community work service for violating a condition of probation 
 98.3   imposed by the court.  Community work service may be imposed for 
 98.4   the purpose of protecting the public, to aid the offender's 
 98.5   rehabilitation, or both.  Agents may impose up to eight hours of 
 98.6   community work service for each violation and up to a total of 
 98.7   24 hours per offender per 12-month period, beginning with the 
 98.8   date on which community work service is first imposed.  The 
 98.9   commissioner may authorize an additional 40 hours of community 
 98.10  work services, for a total of 64 hours per offender per 12-month 
 98.11  period, beginning with the date on which community work service 
 98.12  is first imposed.  At the time community work service is 
 98.13  imposed, parole and probation agents are required to provide 
 98.14  written notice to the offender that states: 
 98.15     (1) the condition of probation that has been violated; 
 98.16     (2) the number of hours of community work service imposed 
 98.17  for the violation; and 
 98.18     (3) the total number of hours of community work service 
 98.19  imposed to date in the 12-month period. 
 98.20     An offender may challenge the imposition of community work 
 98.21  service by filing a petition in district court.  An offender 
 98.22  must file the petition within five days of receiving written 
 98.23  notice that community work service is being imposed.  If the 
 98.24  offender challenges the imposition of community work service, 
 98.25  the state bears the burden of showing, by a preponderance of the 
 98.26  evidence, that the imposition of community work service is 
 98.27  reasonable under the circumstances.  
 98.28     Community work service includes sentencing to service.  
 98.29     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
 98.30  244.19, is amended by adding a subdivision to read: 
 98.31     Subd. 3a.  [INTERMEDIATE SANCTIONS.] Unless the district 
 98.32  court directs otherwise, county probation officers may require a 
 98.33  person committed to the officer's care by the court to perform 
 98.34  community work service for violating a condition of probation 
 98.35  imposed by the court.  Community work service may be imposed for 
 98.36  the purpose of protecting the public, to aid the offender's 
 99.1   rehabilitation, or both.  County probation officers may impose 
 99.2   up to eight hours of community work service for each violation 
 99.3   and up to a total of 24 hours per offender per 12-month period, 
 99.4   beginning with the date on which community work service is first 
 99.5   imposed.  The court services director may authorize an 
 99.6   additional 40 hours of community work services, for a total of 
 99.7   64 hours per offender per 12-month period, beginning on the date 
 99.8   on which community work service is first imposed.  At the time 
 99.9   community work service is imposed, county probation agents are 
 99.10  required to provide written notice to the offender that states: 
 99.11     (1) the condition of probation that has been violated; 
 99.12     (2) the number of hours of community work service imposed 
 99.13  for the violation; and 
 99.14     (3) the total number of hours of community work service 
 99.15  imposed to date in the 12-month period. 
 99.16     An offender may challenge the imposition of community work 
 99.17  service by filing a petition in district court.  An offender 
 99.18  must file the petition within five days of receiving written 
 99.19  notice that community work service is being imposed.  If the 
 99.20  offender challenges the imposition of community work service, 
 99.21  the state bears the burden of showing, by a preponderance of the 
 99.22  evidence, that the imposition of community work service is 
 99.23  reasonable under the circumstances.  
 99.24     Community work service includes sentencing to service.  
 99.25     Sec. 3.  [244.195] [DETENTION AND RELEASE; PROBATIONERS, 
 99.26  CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 
 99.27     Subdivision 1.  [DEFINITIONS.] (a) As used in this 
 99.28  subdivision, the following terms have the meanings given them. 
 99.29     (b) "Commissioner" means the commissioner of corrections. 
 99.30     (c) "Conditional release" means parole, supervised release, 
 99.31  conditional release as authorized by section 609.108, 
 99.32  subdivision 6, or 609.109, subdivision 7, work release as 
 99.33  authorized by sections 241.26, 244.065, and 631.425, probation, 
 99.34  furlough, and any other authorized temporary release from a 
 99.35  correctional facility. 
 99.36     (d) "Court services director" means the director or 
100.1   designee of a county probation agency that is not organized 
100.2   under chapter 401. 
100.3      (e) "Detain" means to take into actual custody, including 
100.4   custody within a local correctional facility. 
100.5      (f) "Local correctional facility" has the meaning given in 
100.6   section 241.021, subdivision 1. 
100.7      (g) "Release" means to release from actual custody. 
100.8      Subd. 2.  [DETENTION PENDING HEARING.] When it appears 
100.9   necessary to enforce discipline or to prevent a person on 
100.10  conditional release from escaping or absconding from 
100.11  supervision, a court services director has the authority to 
100.12  issue a written order directing any peace officer in the county 
100.13  or any county probation officer serving the district and 
100.14  juvenile courts of the county to detain and bring the person 
100.15  before the court or the commissioner, whichever is appropriate, 
100.16  for disposition.  This written order is sufficient authority for 
100.17  the peace officer or probation officer to detain the person for 
100.18  not more than 72 hours, excluding Saturdays, Sundays, and 
100.19  holidays, pending a hearing before the court or the commissioner.
100.20     Subd. 3.  [RELEASE BEFORE HEARING.] A court services 
100.21  director has the authority to issue a written order directing a 
100.22  county probation officer serving the district and juvenile 
100.23  courts of the county to release a person detained under 
100.24  subdivision 2 within 72 hours, excluding Saturdays, Sundays, and 
100.25  holidays, without an appearance before the court or the 
100.26  commissioner.  This written order is sufficient authority for 
100.27  the county probation officer to release the detained person. 
100.28     Subd. 4.  [DETENTION OF PRETRIAL RELEASEE.] A court 
100.29  services director has the authority to issue a written order 
100.30  directing any peace officer in the county or any probation 
100.31  officer serving the district and juvenile courts of the county 
100.32  to detain any person on court-ordered pretrial release who 
100.33  absconds from pretrial release or fails to abide by the 
100.34  conditions of pretrial release.  A written order issued under 
100.35  this subdivision is sufficient authority for the peace officer 
100.36  or probation officer to detain the person. 
101.1      Subd. 5.  [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR 
101.2   BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A 
101.3   court services director has the authority to issue a written 
101.4   order directing any state correctional investigator or any peace 
101.5   officer, probation officer, or county probation officer from 
101.6   another county to detain a person under sentence or on probation 
101.7   who: 
101.8      (1) fails to report to serve a sentence at a local 
101.9   correctional facility; 
101.10     (2) fails to return from furlough or authorized temporary 
101.11  release from a local correctional facility; 
101.12     (3) escapes from a local correctional facility; or 
101.13     (4) absconds from court-ordered home detention. 
101.14     (b) A court services director has the authority to issue a 
101.15  written order directing any state correctional investigator or 
101.16  any peace officer, probation officer, or county probation 
101.17  officer from another county to detain any person on 
101.18  court-ordered pretrial release who absconds from pretrial 
101.19  release or fails to abide by the conditions of pretrial release. 
101.20     (c) A written order issued under paragraph (a) or (b) is 
101.21  sufficient authority for the state correctional investigator, 
101.22  peace officer, probation officer, or county probation officer to 
101.23  detain the person. 
101.24     Sec. 4.  Minnesota Statutes 1996, section 299C.06, is 
101.25  amended to read: 
101.26     299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
101.27  COOPERATE.] 
101.28     It shall be the duty of all sheriffs, chiefs of police, 
101.29  city marshals, constables, prison wardens, superintendents of 
101.30  insane hospitals, reformatories and correctional schools, 
101.31  probation and parole officers, school attendance officers, 
101.32  coroners, county attorneys, court clerks, the commissioner of 
101.33  public safety, the commissioner of transportation, and the state 
101.34  fire marshal to furnish to the division statistics and 
101.35  information regarding the number of crimes reported and 
101.36  discovered, arrests made, complaints, informations, and 
102.1   indictments, filed and the disposition made of same, pleas, 
102.2   convictions, acquittals, probations granted or 
102.3   denied, conditional release information, receipts, transfers, 
102.4   and discharges to and from prisons, reformatories, correctional 
102.5   schools, and other institutions, paroles granted and revoked, 
102.6   commutation of sentences and pardons granted and rescinded, and 
102.7   all other data useful in determining the cause and amount of 
102.8   crime in this state and to form a basis for the study of crime, 
102.9   police methods, court procedure, and penal problems. Such 
102.10  statistics and information shall be furnished upon the request 
102.11  of the division and upon such forms as may be prescribed and 
102.12  furnished by it.  The division shall have the power to inspect 
102.13  and prescribe the form and substance of the records kept by 
102.14  those officials from which the information is so furnished. 
102.15     Sec. 5.  Minnesota Statutes 1996, section 299C.09, is 
102.16  amended to read: 
102.17     299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 
102.18  AND INDEXES.] 
102.19     The bureau shall install systems for identification of 
102.20  criminals, including the fingerprint system, the modus operandi 
102.21  system, the conditional release data system, and such others as 
102.22  the superintendent deems proper.  The bureau shall keep a 
102.23  complete record and index of all information received in 
102.24  convenient form for consultation and comparison.  The bureau 
102.25  shall obtain from wherever procurable and file for record finger 
102.26  and thumb prints, measurements, photographs, plates, outline 
102.27  pictures, descriptions, modus operandi statements, conditional 
102.28  release information, or such other information as the 
102.29  superintendent considers necessary, of persons who have been or 
102.30  shall hereafter be convicted of a felony, gross misdemeanor, or 
102.31  an attempt to commit a felony or gross misdemeanor, within the 
102.32  state, or who are known to be habitual criminals.  To the extent 
102.33  that the superintendent may determine it to be necessary, the 
102.34  bureau shall obtain like information concerning persons 
102.35  convicted of a crime under the laws of another state or 
102.36  government, the central repository of this records system is the 
103.1   bureau of criminal apprehension in St. Paul. 
103.2      Sec. 6.  [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 
103.3      Subdivision 1.  [DEFINITION.] As used in this section, 
103.4   "conditional release" means probation, conditional release, and 
103.5   supervised release. 
103.6      Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
103.7   maintain a computerized data system for the purpose of assisting 
103.8   criminal justice agencies in monitoring and enforcing the 
103.9   conditions of conditional release imposed on criminal offenders 
103.10  by a sentencing court or the commissioner of corrections.  The 
103.11  data in the system are private data as defined in section 13.02, 
103.12  subdivision 12, but are accessible to criminal justice agencies 
103.13  as defined in section 13.02, subdivision 3a, and to criminal 
103.14  justice agencies in other states in the conduct of their 
103.15  official duties.  
103.16     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
103.17  criminal justice agencies may submit data to and obtain data 
103.18  from the conditional release data system.  The commissioner of 
103.19  corrections may require that any or all information be submitted 
103.20  to the conditional release data system.  A consent to the 
103.21  release of data in the conditional release data system from the 
103.22  individual who is the subject of the data is not effective.  
103.23     Subd. 4.  [PROCEDURES.] The bureau shall adopt procedures 
103.24  to provide for the orderly collection, entry, retrieval, and 
103.25  deletion of data contained in the conditional release data 
103.26  system. 
103.27     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
103.28  401.01, subdivision 2, is amended to read: 
103.29     Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
103.30  401.01 to 401.16, the following terms shall have the meanings 
103.31  given them:.  
103.32     (b) "CCA county" means a county that participates in the 
103.33  Community Corrections Act. 
103.34     (c) "Commissioner" means the commissioner of corrections or 
103.35  a designee;. 
103.36     (c) (d) "Conditional release" means parole, supervised 
104.1   release, conditional release as authorized by section 609.108, 
104.2   subdivision 6, or 609.109, subdivision 7, work release as 
104.3   authorized by sections 241.26 and, 244.065, and includes 
104.4   631.425, probation;, furlough, and any other authorized 
104.5   temporary release from a correctional facility. 
104.6      (e) "County probation officer" means a probation officer 
104.7   appointed under section 244.19. 
104.8      (f) "Detain" means to take into actual custody, including 
104.9   custody within a local correctional facility. 
104.10     (d) (g) "Joint board" means the board provided in section 
104.11  471.59;. 
104.12     (h) "Local correctional facility" has the meaning given in 
104.13  section 241.021, subdivision 1. 
104.14     (e) (i) "Local correctional service" means those services 
104.15  authorized by and employees, officers, and agents appointed 
104.16  under section 244.19, subdivision 1. 
104.17     (j) "Release" means to release from actual custody. 
104.18     Sec. 8.  Minnesota Statutes 1996, section 401.02, is 
104.19  amended by adding a subdivision to read: 
104.20     Subd. 5.  [INTERMEDIATE SANCTIONS.] Unless the district 
104.21  court directs otherwise, county probation officers may require a 
104.22  person committed to the officer's care by the court to perform 
104.23  community work service for violating a condition of probation 
104.24  imposed by the court.  Community work service may be imposed for 
104.25  the purpose of protecting the public, to aid the offender's 
104.26  rehabilitation, or both.  Probation officers may impose up to 
104.27  eight hours of community work service for each violation and up 
104.28  to a total of 24 hours per offender per 12-month period, 
104.29  beginning on the date on which community work service is first 
104.30  imposed.  The chief executive officer of a community corrections 
104.31  agency may authorize an additional 40 hours of community work 
104.32  service, for a total of 64 hours per offender per 12-month 
104.33  period, beginning with the date on which community work service 
104.34  is first imposed.  At the time community work service is 
104.35  imposed, probation officers are required to provide written 
104.36  notice to the offender that states: 
105.1      (1) the condition of probation that has been violated; 
105.2      (2) the number of hours of community work service imposed 
105.3   for the violation; and 
105.4      (3) the total number of hours of community work service 
105.5   imposed to date in the 12-month period. 
105.6      An offender may challenge the imposition of community work 
105.7   service by filing a petition in district court.  An offender 
105.8   must file the petition within five days of receiving written 
105.9   notice that community work service is being imposed.  If the 
105.10  offender challenges the imposition of community work service, 
105.11  the state bears the burden of showing, by a preponderance of the 
105.12  evidence, that the imposition of community work service is 
105.13  reasonable under the circumstances.  
105.14     Community work service includes sentencing to service.  
105.15     Sec. 9.  [401.025] [DETENTION AND RELEASE; PROBATIONERS, 
105.16  CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 
105.17     Subdivision 1.  [PEACE OFFICERS AND PROBATION OFFICERS 
105.18  SERVING CCA COUNTIES.] (a) When it appears necessary to enforce 
105.19  discipline or to prevent a person on conditional release from 
105.20  escaping or absconding from supervision, the chief executive 
105.21  officer or designee of a community corrections agency in a CCA 
105.22  county has the authority to issue a written order directing any 
105.23  peace officer in the county or any probation officer serving the 
105.24  district and juvenile courts of the county to detain and bring 
105.25  the person before the court or the commissioner, whichever is 
105.26  appropriate, for disposition.  This written order is sufficient 
105.27  authority for the peace officer or probation officer to detain 
105.28  the person for not more than 72 hours, excluding Saturdays, 
105.29  Sundays, and holidays, pending a hearing before the court or the 
105.30  commissioner. 
105.31     (b) The chief executive officer or designee of a community 
105.32  corrections agency in a CCA county has the authority to issue a 
105.33  written order directing a probation officer serving the district 
105.34  and juvenile courts of the county to release a person detained 
105.35  under paragraph (a) within 72 hours, excluding Saturdays, 
105.36  Sundays, and holidays, without an appearance before the court or 
106.1   the commissioner.  This written order is sufficient authority 
106.2   for the probation officer to release the detained person. 
106.3      (c) The chief executive officer or designee of a community 
106.4   corrections agency in a CCA county has the authority to issue a 
106.5   written order directing any peace officer in the county or any 
106.6   probation officer serving the district and juvenile courts of 
106.7   the county to detain any person on court-ordered pretrial 
106.8   release who absconds from pretrial release or fails to abide by 
106.9   the conditions of pretrial release.  A written order issued 
106.10  under this paragraph is sufficient authority for the peace 
106.11  officer or probation officer to detain the person. 
106.12     Subd. 2.  [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER 
106.13  COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief 
106.14  executive officer or designee of a community corrections agency 
106.15  in a CCA county has the authority to issue a written order 
106.16  directing any state correctional investigator or any peace 
106.17  officer, probation officer, or county probation officer from 
106.18  another county to detain a person under sentence or on probation 
106.19  who: 
106.20     (1) fails to report to serve a sentence at a local 
106.21  correctional facility; 
106.22     (2) fails to return from furlough or authorized temporary 
106.23  release from a local correctional facility; 
106.24     (3) escapes from a local correctional facility; or 
106.25     (4) absconds from court-ordered home detention. 
106.26     (b) The chief executive officer or designee of a community 
106.27  corrections agency in a CCA county has the authority to issue a 
106.28  written order directing any state correctional investigator or 
106.29  any peace officer, probation officer, or county probation 
106.30  officer from another county to detain any person on 
106.31  court-ordered pretrial release who absconds from pretrial 
106.32  release or fails to abide by the conditions of pretrial release. 
106.33     (c) A written order issued under paragraph (a) or (b) is 
106.34  sufficient authority for the state correctional investigator, 
106.35  peace officer, probation officer, or county probation officer to 
106.36  detain the person. 
107.1      Subd. 3.  [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS 
107.2   COMMITMENT.] CCA counties shall comply with the policies 
107.3   prescribed by the commissioner when providing supervision and 
107.4   other correctional services to persons conditionally released 
107.5   pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 
107.6   244.065, including intercounty transfer of persons on 
107.7   conditional release and the conduct of presentence 
107.8   investigations.  
107.9      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
107.10  609.135, subdivision 1, is amended to read: 
107.11     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
107.12  sentence of life imprisonment is required by law, or when a 
107.13  mandatory minimum sentence is required by section 609.11, any 
107.14  court may stay imposition or execution of sentence and: 
107.15     (1) may order intermediate sanctions without placing the 
107.16  defendant on probation; or 
107.17     (2) may place the defendant on probation with or without 
107.18  supervision and on the terms the court prescribes, including 
107.19  intermediate sanctions when practicable.  The court may order 
107.20  the supervision to be under the probation officer of the court, 
107.21  or, if there is none and the conviction is for a felony or gross 
107.22  misdemeanor, by the commissioner of corrections, or in any case 
107.23  by some other suitable and consenting person.  Unless the court 
107.24  directs otherwise, state parole and probation agents and 
107.25  probation officers may impose community work service for an 
107.26  offender's probation violation, consistent with section 243.05, 
107.27  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
107.28     No intermediate sanction may be ordered performed at a 
107.29  location that fails to observe applicable requirements or 
107.30  standards of chapter 181A or 182, or any rule promulgated under 
107.31  them.  
107.32     (b) For purposes of this subdivision, subdivision 6, and 
107.33  section 609.14, the term "intermediate sanctions" includes but 
107.34  is not limited to incarceration in a local jail or workhouse, 
107.35  home detention, electronic monitoring, intensive probation, 
107.36  sentencing to service, reporting to a day reporting center, 
108.1   chemical dependency or mental health treatment or counseling, 
108.2   restitution, fines, day-fines, community work service, work 
108.3   service in a restorative justice program, work in lieu of or to 
108.4   work off fines and, with the victim's consent, work in lieu of 
108.5   or to work off restitution.  
108.6      (c) A court may not stay the revocation of the driver's 
108.7   license of a person convicted of violating the provisions of 
108.8   section 169.121. 
108.9      Sec. 11.  Minnesota Statutes 1996, section 629.34, 
108.10  subdivision 1, is amended to read: 
108.11     Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
108.12  peace officer, as defined in section 626.84, subdivision 1, 
108.13  clause (c), or a constable, as defined in section 367.40, 
108.14  subdivision 3, who is on or off duty within the jurisdiction of 
108.15  the appointing authority, or on duty outside the jurisdiction of 
108.16  the appointing authority pursuant to section 629.40, may arrest 
108.17  a person without a warrant as provided under paragraph (c). 
108.18     (b) A part-time peace officer, as defined in section 
108.19  626.84, subdivision 1, clause (f), who is on duty within the 
108.20  jurisdiction of the appointing authority, or on duty outside the 
108.21  jurisdiction of the appointing authority pursuant to section 
108.22  629.40 may arrest a person without a warrant as provided under 
108.23  paragraph (c).  
108.24     (c) A peace officer, constable, or part-time peace officer 
108.25  who is authorized under paragraph (a) or (b) to make an arrest 
108.26  without a warrant may do so under the following circumstances: 
108.27     (1) when a public offense has been committed or attempted 
108.28  in the officer's or constable's presence; 
108.29     (2) when the person arrested has committed a felony, 
108.30  although not in the officer's or constable's presence; 
108.31     (3) when a felony has in fact been committed, and the 
108.32  officer or constable has reasonable cause for believing the 
108.33  person arrested to have committed it; 
108.34     (4) upon a charge based upon reasonable cause of the 
108.35  commission of a felony by the person arrested; 
108.36     (5) under the circumstances described in clause (2), (3), 
109.1   or (4), when the offense is a gross misdemeanor violation of 
109.2   section 609.52, 609.595, 609.631, 609.749, or 609.821; or 
109.3      (6) under circumstances described in clause (2), (3), or 
109.4   (4), when the offense is a nonfelony violation of a restraining 
109.5   order or no contact order previously issued by a court. 
109.6      (d) To make an arrest authorized under this subdivision, 
109.7   the officer or constable may break open an outer or inner door 
109.8   or window of a dwelling house if, after notice of office and 
109.9   purpose, the officer or constable is refused admittance. 
109.10     Sec. 12.  [629.355] [PEACE OFFICER AUTHORITY TO DETAIN 
109.11  PERSON ON CONDITIONAL RELEASE.] 
109.12     (a) A peace officer may detain a person on conditional 
109.13  release upon probable cause that the person has violated a 
109.14  condition of release.  "Conditional release" has the meaning 
109.15  given in section 401.01, subdivision 2.  
109.16     (b) Except as provided in paragraph (c), no person may be 
109.17  detained longer than the period provided in rule 27.04 of the 
109.18  Rules of Criminal Procedure.  The detaining peace officer shall 
109.19  provide a detention report to the agency supervising the person 
109.20  as soon as possible.  The detention by the peace officer may not 
109.21  exceed eight hours without the approval of the supervising 
109.22  agency.  The supervising agency may release the person without 
109.23  commencing revocation proceedings or commence revocation 
109.24  proceedings under rule 27.04 of the Rules of Criminal Procedure. 
109.25     (c) A person detained under paragraph (a) who is on 
109.26  supervised release or parole may not be detained longer than 72 
109.27  hours.  The detaining peace officer shall provide a detention 
109.28  report to the commissioner of corrections as soon as possible.  
109.29  The detention by the peace officer may not exceed eight hours 
109.30  without the approval of the commissioner or a designee.  The 
109.31  commissioner may release the person without commencing 
109.32  revocation proceedings or request a hearing before the hearings 
109.33  and release division. 
109.34     Sec. 13.  [SUPREME COURT REQUESTED TO AMEND RULES OF 
109.35  CRIMINAL PROCEDURE.] 
109.36     The supreme court is requested to amend Rule 6.02 of the 
110.1   Rules of Criminal Procedure to allow a court, judge, or judicial 
110.2   officer to consider the safety of any person or the community 
110.3   when imposing a condition of release or combination of 
110.4   conditions of release on an offender who is released before 
110.5   trial. 
110.6      Sec. 14.  [RELEASEE PLAN.] 
110.7      By August 1, 1998, the department of corrections, each 
110.8   county probation agency, and each community corrections act 
110.9   agency, in consultation with local law enforcement agencies, 
110.10  shall develop a plan to provide local law enforcement agencies 
110.11  with relevant information concerning conditional releasees, 
110.12  their terms of release, their offense history, and other factors 
110.13  that present a risk of violation of the terms and conditions of 
110.14  their release.  This plan shall include strategies to identify 
110.15  those offenders most likely to violate the terms of release on 
110.16  an ongoing basis and methods to ensure compliance with the terms 
110.17  of release by those releasees.  
110.18     Sec. 15.  [REPEALER.] 
110.19     Minnesota Statutes 1996, section 401.02, subdivision 4; and 
110.20  Minnesota Statutes 1997 Supplement, section 244.19, subdivision 
110.21  3a, are repealed. 
110.22     Sec. 16.  [EFFECTIVE DATE.] 
110.23     Sections 1 to 3 and 7 to 15 are effective August 1, 1998, 
110.24  and apply to acts occurring on or after that date. 
110.25                             ARTICLE 8 
110.26                    COURTS AND PUBLIC DEFENDERS 
110.27     Section 1.  Minnesota Statutes 1997 Supplement, section 
110.28  97A.065, subdivision 2, is amended to read: 
110.29     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
110.30  forfeited bail collected from prosecutions of violations of:  
110.31  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
110.32  to 84.88 84.91; section 169.121, when the violation involved an 
110.33  off-road recreational vehicle as defined in section 169.01, 
110.34  subdivision 86; chapter 348; and any other law relating to wild 
110.35  animals or aquatic vegetation, must be paid to the treasurer of 
110.36  the county where the violation is prosecuted.  The county 
111.1   treasurer shall submit one-half of the receipts to the 
111.2   commissioner and credit the balance to the county general 
111.3   revenue fund except as provided in paragraphs (b), (c), and (d). 
111.4      (b) The commissioner must reimburse a county, from the game 
111.5   and fish fund, for the cost of keeping prisoners prosecuted for 
111.6   violations under this section if the county board, by 
111.7   resolution, directs:  (1) the county treasurer to submit all 
111.8   fines and forfeited bail to the commissioner; and (2) the county 
111.9   auditor to certify and submit monthly itemized statements to the 
111.10  commissioner.  
111.11     (c) The county treasurer shall indicate the amount of the 
111.12  receipts that are assessments or surcharges imposed under 
111.13  section 609.101 and shall submit all of those receipts to the 
111.14  commissioner.  The receipts must be credited to the game and 
111.15  fish fund to provide peace officer training for persons employed 
111.16  by the commissioner who are licensed under section 626.84, 
111.17  subdivision 1, clause (c), and who possess peace officer 
111.18  authority for the purpose of enforcing game and fish laws. 
111.19     (d) The county treasurer shall submit one-half of the 
111.20  receipts collected under paragraph (a) from prosecutions of 
111.21  violations of sections 84.81 to 84.91, and 169.121, including 
111.22  except receipts that are assessments or surcharges imposed under 
111.23  section 609.101 357.021, subdivision 6, to the commissioner 
111.24  state treasurer and credit the balance to the county general 
111.25  fund.  The commissioner state treasurer shall credit these 
111.26  receipts to the snowmobile trails and enforcement account in the 
111.27  natural resources fund. 
111.28     (d) The county treasurer shall indicate the amount of the 
111.29  receipts that are surcharges imposed under section 357.021, 
111.30  subdivision 6, and shall submit all of those receipts to the 
111.31  state treasurer. 
111.32     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
111.33  subdivision 5a, is amended to read: 
111.34     Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
111.35  SURCHARGE.] When a court sentences a person convicted of an 
111.36  offense enumerated in section 169.126, subdivision 1, it shall 
112.1   impose a chemical dependency assessment charge of $125.  A 
112.2   person shall pay an additional surcharge of $5 if the person is 
112.3   convicted of (i) a violation of section 169.129, or (ii) a 
112.4   violation of this section within five years of a prior impaired 
112.5   driving conviction, as defined in subdivision 3, or a prior 
112.6   conviction for an offense arising out of an arrest for a 
112.7   violation of section 169.121 or 169.129.  This section applies 
112.8   when the sentence is executed, stayed, or suspended.  The court 
112.9   may not waive payment or authorize payment of the assessment 
112.10  charge and surcharge in installments unless it makes written 
112.11  findings on the record that the convicted person is indigent or 
112.12  that the assessment charge and surcharge would create undue 
112.13  hardship for the convicted person or that person's immediate 
112.14  family. 
112.15     The county shall collect and forward to the commissioner of 
112.16  finance $25 of the chemical dependency assessment charge and the 
112.17  $5 surcharge, if any, within 60 days after sentencing or explain 
112.18  to the commissioner in writing why the money was not forwarded 
112.19  within this time period.  The commissioner shall credit the 
112.20  money to the general fund.  The county shall collect and keep 
112.21  $100 of the chemical dependency assessment charge.  
112.22     The chemical dependency assessment charge and surcharge 
112.23  required under this section are in addition to the surcharge 
112.24  required by section 609.101 357.021, subdivision 6. 
112.25     Sec. 3.  Minnesota Statutes 1996, section 171.16, 
112.26  subdivision 3, is amended to read: 
112.27     Subd. 3.  [SUSPENSION FOR FAILURE TO PAY FINE.] When any 
112.28  court reports to the commissioner that a person:  (1) has been 
112.29  convicted of violating a law of this state or an ordinance of a 
112.30  political subdivision which regulates the operation or parking 
112.31  of motor vehicles, (2) has been sentenced to the payment of a 
112.32  fine or had a penalty assessment surcharge levied against that 
112.33  person, or sentenced to a fine upon which a penalty assessment 
112.34  surcharge was levied, and (3) has refused or failed to comply 
112.35  with that sentence or to pay the penalty assessment surcharge, 
112.36  notwithstanding the fact that the court has determined that the 
113.1   person has the ability to pay the fine or penalty assessment 
113.2   surcharge, the commissioner shall suspend the driver's license 
113.3   of such person for 30 days for a refusal or failure to pay or 
113.4   until notified by the court that the fine or penalty assessment 
113.5   surcharge, or both if a fine and penalty assessment surcharge 
113.6   were not paid, has been paid.  
113.7      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
113.8   357.021, subdivision 2, is amended to read: 
113.9      Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
113.10  collected by the court administrator shall be as follows: 
113.11     (1) In every civil action or proceeding in said court, 
113.12  including any case arising under the tax laws of the state that 
113.13  could be transferred or appealed to the tax court, the 
113.14  plaintiff, petitioner, or other moving party shall pay, when the 
113.15  first paper is filed for that party in said action, a fee of 
113.16  $122. 
113.17     The defendant or other adverse or intervening party, or any 
113.18  one or more of several defendants or other adverse or 
113.19  intervening parties appearing separately from the others, shall 
113.20  pay, when the first paper is filed for that party in said 
113.21  action, a fee of $122. 
113.22     The party requesting a trial by jury shall pay $75. 
113.23     The fees above stated shall be the full trial fee 
113.24  chargeable to said parties irrespective of whether trial be to 
113.25  the court alone, to the court and jury, or disposed of without 
113.26  trial, and shall include the entry of judgment in the action, 
113.27  but does not include copies or certified copies of any papers so 
113.28  filed or proceedings under chapter 103E, except the provisions 
113.29  therein as to appeals. 
113.30     (2) Certified copy of any instrument from a civil or 
113.31  criminal proceeding, $10, and $5 for an uncertified copy. 
113.32     (3) Issuing a subpoena, $3 for each name. 
113.33     (4) Issuing an execution and filing the return thereof; 
113.34  issuing a writ of attachment, injunction, habeas corpus, 
113.35  mandamus, quo warranto, certiorari, or other writs not 
113.36  specifically mentioned, $10. 
114.1      (5) Issuing a transcript of judgment, or for filing and 
114.2   docketing a transcript of judgment from another court, $7.50. 
114.3      (6) Filing and entering a satisfaction of judgment, partial 
114.4   satisfaction, or assignment of judgment, $5. 
114.5      (7) Certificate as to existence or nonexistence of 
114.6   judgments docketed, $5 for each name certified to. 
114.7      (8) Filing and indexing trade name; or recording basic 
114.8   science certificate; or recording certificate of physicians, 
114.9   osteopaths, chiropractors, veterinarians, or optometrists, $5. 
114.10     (9) For the filing of each partial, final, or annual 
114.11  account in all trusteeships, $10. 
114.12     (10) For the deposit of a will, $5. 
114.13     (11) For recording notary commission, $25, of which, 
114.14  notwithstanding subdivision 1a, paragraph (b), $20 must be 
114.15  forwarded to the state treasurer to be deposited in the state 
114.16  treasury and credited to the general fund. 
114.17     (12) When a defendant pleads guilty to or is sentenced for 
114.18  a petty misdemeanor other than a parking violation, the 
114.19  defendant shall pay a fee of $11. 
114.20     (13) Filing a motion or response to a motion for 
114.21  modification of child support, a fee fixed by rule or order of 
114.22  the supreme court.  
114.23     (14) (13) All other services required by law for which no 
114.24  fee is provided, such fee as compares favorably with those 
114.25  herein provided, or such as may be fixed by rule or order of the 
114.26  court. 
114.27     (15) (14) In addition to any other filing fees under this 
114.28  chapter, a surcharge in the amount of $75 must be assessed in 
114.29  accordance with section 259.52, subdivision 14, for each 
114.30  adoption petition filed in district court to fund the putative 
114.31  fathers' adoption registry under section 259.52. 
114.32     The fees in clauses (3) and (4) need not be paid by a 
114.33  public authority or the party the public authority represents. 
114.34     Sec. 5.  Minnesota Statutes 1996, section 357.021, is 
114.35  amended by adding a subdivision to read: 
114.36     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC 
115.1   OFFENDERS.] (a) The court shall impose and the court 
115.2   administrator shall collect a $25 surcharge on every person 
115.3   convicted of any felony, gross misdemeanor, misdemeanor, or 
115.4   petty misdemeanor offense, other than a violation of a law or 
115.5   ordinance relating to vehicle parking.  The surcharge shall be 
115.6   imposed whether or not the person is sentenced to imprisonment 
115.7   or the sentence is stayed.  
115.8      (b) If the court fails to impose a surcharge as required by 
115.9   this subdivision, the court administrator shall show the 
115.10  imposition of the $25 surcharge, collect the surcharge and 
115.11  correct the record. 
115.12     (c) The court may not waive payment of the surcharge 
115.13  required under this subdivision.  Upon a showing of indigency or 
115.14  undue hardship upon the convicted person or the convicted 
115.15  person's immediate family, the sentencing court may authorize 
115.16  payment of the surcharge in installments. 
115.17     (d) The court administrator or other entity collecting a 
115.18  surcharge shall forward it to the state treasurer. 
115.19     (e) If the convicted person is sentenced to imprisonment 
115.20  and has not paid the surcharge before the term of imprisonment 
115.21  begins, the chief executive officer of the correctional facility 
115.22  in which the convicted person is incarcerated shall collect the 
115.23  surcharge from any earnings the inmate accrues from work 
115.24  performed in the facility or while on conditional release.  The 
115.25  chief executive officer shall forward the amount collected to 
115.26  the state treasurer. 
115.27     Sec. 6.  Minnesota Statutes 1996, section 357.021, is 
115.28  amended by adding a subdivision to read: 
115.29     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE 
115.30  TREASURER.] The state treasurer shall disburse surcharges 
115.31  received under subdivision 6 and section 97A.065, subdivision 2, 
115.32  as follows: 
115.33     (1) one percent of the surcharge shall be credited to the 
115.34  game and fish fund to provide peace officer training for 
115.35  employees of the department of natural resources who are 
115.36  licensed under sections 626.84 to 626.863, and who possess peace 
116.1   officer authority for the purpose of enforcing game and fish 
116.2   laws; 
116.3      (2) 39 percent of the surcharge shall be credited to the 
116.4   peace officers training account in the special revenue fund; and 
116.5      (3) 60 percent of the surcharge shall be credited to the 
116.6   general fund. 
116.7      Sec. 7.  Minnesota Statutes 1996, section 488A.03, 
116.8   subdivision 11, is amended to read: 
116.9      Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
116.10  fees payable to the administrator for services are the same in 
116.11  amount as the fees then payable to the district court of 
116.12  Hennepin county for like services.  Library and filing fees are 
116.13  not required of the defendant in an unlawful detainer action.  
116.14  The fees payable to the administrator for all other services of 
116.15  the administrator or the court shall be fixed by rules 
116.16  promulgated by a majority of the judges. 
116.17     (b) Fees are payable to the administrator in advance.  
116.18     (c) Judgments will be entered only upon written application.
116.19     (d) The following fees shall be taxed in all cases for all 
116.20  charges where applicable:  (a) The state of Minnesota and any 
116.21  governmental subdivision within the jurisdictional area of 
116.22  any municipal district court herein established may present 
116.23  cases for hearing before said municipal district court; (b) In 
116.24  the event the court takes jurisdiction of a prosecution for the 
116.25  violation of a statute or ordinance by the state or a 
116.26  governmental subdivision other than a city or town in Hennepin 
116.27  county, all fines, penalties, and forfeitures collected shall be 
116.28  paid over to the treasurer of the governmental subdivision which 
116.29  submitted a case charges for prosecution under ordinance 
116.30  violation and to the county treasurer in all other cases charges 
116.31  except where a different disposition is provided by law, in 
116.32  which case, payment shall be made to the public official 
116.33  entitled thereto.  The following fees shall be taxed to the 
116.34  county or to the state or governmental subdivision which would 
116.35  be entitled to payment of the fines, forfeiture or penalties in 
116.36  any case, and shall be paid to the court administrator for 
117.1   disposing of the matter: 
117.2      (1) In all cases For each charge where the defendant is 
117.3   brought into court and pleads guilty and is sentenced, or the 
117.4   matter is otherwise disposed of without trial .......... $5. 
117.5      (2) In arraignments where the defendant waives a 
117.6   preliminary examination .......... $10. 
117.7      (3) In all other cases For all other charges where the 
117.8   defendant stands trial or has a preliminary examination by the 
117.9   court .......... $15. 
117.10     (4) In all cases For all charges where a defendant was 
117.11  issued a statute, traffic, or ordinance violation tag citation 
117.12  and a fine is paid or the case is otherwise disposed of in a 
117.13  violations bureau .......... $1 $10. 
117.14     (5) Upon the effective date of a $2 increase in the expired 
117.15  meter fine schedule that is enacted on or after August 1, 1987, 
117.16  the amount payable to the court administrator must be increased 
117.17  by $1 for each expired meter violation disposed of in a 
117.18  violations bureau. the increase in clause (4), the fine schedule 
117.19  amounts shall be increased by $10.  
117.20     Additional money, if any, received by the fourth judicial 
117.21  district administrator as a result of this section shall be used 
117.22  to fund an automated citation system and revenue collections 
117.23  initiative and to pay the related administrative costs of the 
117.24  court administrator's office.  
117.25     Additional money, if any, received by the city of 
117.26  Minneapolis as a result of this section shall be used to provide 
117.27  additional funding to the city attorney for use in criminal 
117.28  investigations and prosecutions.  This funding shall not be used 
117.29  to supplant existing city attorney positions or services. 
117.30     Sec. 8.  [STUDY OF FINE DISTRIBUTION.] 
117.31     The court administrator for the fourth judicial district 
117.32  shall study the feasibility of modifying the fine distribution 
117.33  system in the fourth judicial district to recognize the 
117.34  incarceration costs that are absorbed by local municipalities.  
117.35  The study shall include the participation of local prosecutors 
117.36  and county and city officials.  The fourth judicial court 
118.1   administrator shall make recommendations to the legislature on 
118.2   this issue by November 15, 1999. 
118.3      Sec. 9.  Minnesota Statutes 1996, section 588.01, 
118.4   subdivision 3, is amended to read: 
118.5      Subd. 3.  [CONSTRUCTIVE.] Constructive contempts are those 
118.6   not committed in the immediate presence of the court, and of 
118.7   which it has no personal knowledge, and may arise from any of 
118.8   the following acts or omissions: 
118.9      (1) misbehavior in office, or other willful neglect or 
118.10  violation of duty, by an attorney, court administrator, sheriff, 
118.11  coroner, or other person appointed or elected to perform a 
118.12  judicial or ministerial service; 
118.13     (2) deceit or abuse of the process or proceedings of the 
118.14  court by a party to an action or special proceeding; 
118.15     (3) disobedience of any lawful judgment, order, or process 
118.16  of the court; 
118.17     (4) assuming to be an attorney or other officer of the 
118.18  court, and acting as such without authority; 
118.19     (5) rescuing any person or property in the custody of an 
118.20  officer by virtue of an order or process of the court; 
118.21     (6) unlawfully detaining a witness or party to an action 
118.22  while going to, remaining at, or returning from the court where 
118.23  the action is to be tried; 
118.24     (7) any other unlawful interference with the process or 
118.25  proceedings of a court; 
118.26     (8) disobedience of a subpoena duly served, or refusing to 
118.27  be sworn or to answer as a witness; 
118.28     (9) when summoned as a juror in a court, neglecting to 
118.29  attend or serve, improperly conversing with a party to an action 
118.30  to be tried at the court or with any person relative to the 
118.31  merits of the action, or receiving a communication from a party 
118.32  or other person in reference to it, and failing to immediately 
118.33  disclose the same to the court; 
118.34     (10) disobedience, by an inferior tribunal or officer, of 
118.35  the lawful judgment, order, or process of a superior court, 
118.36  proceeding in an action or special proceeding in any court 
119.1   contrary to law after it has been removed from its jurisdiction, 
119.2   or disobedience of any lawful order or process of a judicial 
119.3   officer; 
119.4      (11) failure or refusal to pay a penalty assessment 
119.5   surcharge levied pursuant to section 626.861 357.021, 
119.6   subdivision 6.  
119.7      Sec. 10.  Minnesota Statutes 1997 Supplement, section 
119.8   609.101, subdivision 5, is amended to read: 
119.9      Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
119.10  PAYMENTS.] (a) The court may not waive payment of the minimum 
119.11  fine, surcharge, or assessment required by this section.  
119.12     (b) If the defendant qualifies for the services of a public 
119.13  defender or the court finds on the record that the convicted 
119.14  person is indigent or that immediate payment of the fine, 
119.15  surcharge, or assessment would create undue hardship for the 
119.16  convicted person or that person's immediate family, the court 
119.17  may reduce the amount of the minimum fine to not less than $50.  
119.18     (c) The court also may authorize payment of the fine, 
119.19  surcharge, or assessment in installments. 
119.20     Sec. 11.  Minnesota Statutes 1996, section 609.3241, is 
119.21  amended to read: 
119.22     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
119.23     When a court sentences an adult convicted of violating 
119.24  section 609.322, 609.323, or 609.324, while acting other than as 
119.25  a prostitute, the court shall impose an assessment of not less 
119.26  than $250 and not more than $500 for a violation of section 
119.27  609.324, subdivision 2, or a misdemeanor violation of section 
119.28  609.324, subdivision 3; otherwise the court shall impose an 
119.29  assessment of not less than $500 and not more than $1,000.  The 
119.30  mandatory minimum portion of the assessment is to be used for 
119.31  the purposes described in section 626.558, subdivision 2a, and 
119.32  is in addition to the assessment or surcharge required by 
119.33  section 609.101 357.021, subdivision 6.  Any portion of the 
119.34  assessment imposed in excess of the mandatory minimum amount 
119.35  shall be forwarded to the general fund and is appropriated 
119.36  annually to the commissioner of corrections.  The commissioner, 
120.1   with the assistance of the general crime victims advisory 
120.2   council, shall use money received under this section for grants 
120.3   to agencies that provide assistance to individuals who have 
120.4   stopped or wish to stop engaging in prostitution.  Grant money 
120.5   may be used to provide these individuals with medical care, 
120.6   child care, temporary housing, and educational expenses. 
120.7      Sec. 12.  Minnesota Statutes 1996, section 611.14, is 
120.8   amended to read: 
120.9      611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
120.10     The following persons who are financially unable to obtain 
120.11  counsel are entitled to be represented by a public defender: 
120.12     (1) a person charged with a felony or, gross misdemeanor, 
120.13  or misdemeanor including a person charged under sections 629.01 
120.14  to 629.29; 
120.15     (2) a person appealing from a conviction of a felony or 
120.16  gross misdemeanor, or a person convicted of a felony or gross 
120.17  misdemeanor, who is pursuing a postconviction proceeding and who 
120.18  has not already had a direct appeal of the conviction; 
120.19     (3) a person who is entitled to be represented by counsel 
120.20  under section 609.14, subdivision 2; or 
120.21     (4) a minor who is entitled to be represented by counsel 
120.22  under section 260.155, subdivision 2, if the judge of the 
120.23  juvenile court concerned has requested and received the approval 
120.24  of a majority of the district court judges of the judicial 
120.25  district to utilize the services of the public defender in such 
120.26  cases, and approval of the compensation on a monthly, hourly, or 
120.27  per diem basis to be paid for such services under section 
120.28  260.251, subdivision 2, clause (e); or 
120.29     (5) a person, entitled by law to be represented by counsel, 
120.30  charged with an offense within the trial jurisdiction of a 
120.31  district court, if the trial judge or a majority of the trial 
120.32  judges of the court concerned have requested and received 
120.33  approval of a majority of the district court judges of the 
120.34  judicial district to utilize the services of the public defender 
120.35  in such cases and approval of the compensation on a monthly, 
120.36  hourly, or per diem basis to be paid for such services by the 
121.1   county within the court's jurisdiction. 
121.2      Sec. 13.  Minnesota Statutes 1996, section 611.20, 
121.3   subdivision 3, is amended to read: 
121.4      Subd. 3.  [REIMBURSEMENT.] In each fiscal year, the state 
121.5   treasurer shall deposit the first $180,000 in the general fund. 
121.6   payments in excess of $180,000 shall be deposited in the general 
121.7   fund and credited credit them to a separate account with the 
121.8   board of public defense.  The amount credited to this account is 
121.9   appropriated to the board of public defense. 
121.10     The balance of this account does not cancel but is 
121.11  available until expended.  Expenditures by the board from this 
121.12  account for each judicial district public defense office must be 
121.13  based on the amount of the payments received by the state from 
121.14  the courts in each judicial district.  A district public 
121.15  defender's office that receives money under this subdivision 
121.16  shall use the money to supplement office overhead payments to 
121.17  part-time attorneys providing public defense services in the 
121.18  district.  By January 15 of each year, the board of public 
121.19  defense shall report to the chairs and ranking minority members 
121.20  of the senate and house divisions having jurisdiction over 
121.21  criminal justice funding on the amount appropriated under this 
121.22  subdivision, the number of cases handled by each district public 
121.23  defender's office, the number of cases in which reimbursements 
121.24  were ordered, the average amount of reimbursement ordered, and 
121.25  the average amount of money received by part-time attorneys 
121.26  under this subdivision. 
121.27     Sec. 14.  Minnesota Statutes 1996, section 611.20, 
121.28  subdivision 4, is amended to read: 
121.29     Subd. 4.  [EMPLOYED DEFENDANTS.] A court shall order a 
121.30  defendant who is employed when a public defender is appointed, 
121.31  or who becomes employed while represented by a public 
121.32  defender, shall to reimburse the state for the cost of the 
121.33  public defender.  If reimbursement is required under this 
121.34  subdivision, the court shall order the reimbursement when a 
121.35  public defender is first appointed or as soon as possible after 
121.36  the court determines that reimbursement is required.  The court 
122.1   may accept partial reimbursement from the defendant if the 
122.2   defendant's financial circumstances warrant a reduced 
122.3   reimbursement schedule.  The court may consider the guidelines 
122.4   in subdivision 6 in determining a defendant's reimbursement 
122.5   schedule.  If a defendant does not agree to make payments, the 
122.6   court may order the defendant's employer to withhold a 
122.7   percentage of the defendant's income to be turned over to the 
122.8   court.  The percentage to be withheld may be determined under 
122.9   subdivision 6. 
122.10     Sec. 15.  Minnesota Statutes 1996, section 611.20, 
122.11  subdivision 5, is amended to read: 
122.12     Subd. 5.  [REIMBURSEMENT RATE.] Legal fees required to be 
122.13  reimbursed under subdivision 4, shall be determined by 
122.14  multiplying the total number of hours worked on the case by a 
122.15  public defender by $30 $40 per hour.  The public defender 
122.16  assigned to the defendant's case shall provide to the court, 
122.17  upon the court's request, a written statement containing the 
122.18  total number of hours worked on the defendant's case up to the 
122.19  time of the request. 
122.20     Sec. 16.  Minnesota Statutes 1997 Supplement, section 
122.21  611.25, subdivision 3, is amended to read: 
122.22     Subd. 3.  [DUTIES.] The state public defender shall prepare 
122.23  a biennial report to the board and a report to the governor and 
122.24  the supreme court on the operation of the state public 
122.25  defender's office, district defender systems, and public defense 
122.26  corporations.  The biennial report is due on or before the 
122.27  beginning of the legislative session following the end of the 
122.28  biennium.  The state public defender may require the reporting 
122.29  of statistical data, budget information, and other cost factors 
122.30  by the chief district public defenders and appointed counsel 
122.31  systems.  The state public defender shall design and conduct 
122.32  programs for the training of all state and district public 
122.33  defenders, appointed counsel, and attorneys for public defense 
122.34  corporations funded under section 611.26.  The state public 
122.35  defender shall establish policies and procedures to administer 
122.36  the district public defender system, consistent with standards 
123.1   adopted by the state board of public defense. 
123.2      Sec. 17.  Minnesota Statutes 1996, section 611.26, 
123.3   subdivision 2, is amended to read: 
123.4      Subd. 2.  [APPOINTMENT; TERMS.] The state board of public 
123.5   defense shall appoint a chief district public defender for each 
123.6   judicial district.  When appointing a chief district public 
123.7   defender, the state board of public defense membership shall be 
123.8   increased to include two residents of the district appointed by 
123.9   the chief judge of the district to reflect the characteristics 
123.10  of the population served by the public defender in that 
123.11  district. The additional members shall serve only in the 
123.12  capacity of selecting the district public defender.  The ad hoc 
123.13  state board of public defense shall appoint a chief district 
123.14  public defender only after requesting and giving reasonable time 
123.15  to receive any recommendations from the public, the local bar 
123.16  association, and the judges of the district, and the county 
123.17  commissioners within the district.  Each chief district public 
123.18  defender shall be a qualified attorney, licensed to practice law 
123.19  in this state.  The chief district public defender shall be 
123.20  appointed for a term of four years, beginning January 1, 
123.21  pursuant to the following staggered term schedule:  (1) in 1992 
123.22  2000, the second and eighth districts; (2) in 1993 2001, the 
123.23  first, third, fourth, and tenth districts; (3) in 1994 2002, the 
123.24  fifth and ninth districts; and (4) in 1995 1999, the sixth and 
123.25  seventh districts.  The chief district public defenders shall 
123.26  serve for four-year terms and may be removed for cause upon the 
123.27  order of the state board of public defense.  Vacancies in the 
123.28  office shall be filled by the appointing authority for the 
123.29  unexpired term. 
123.30     Sec. 18.  Minnesota Statutes 1996, section 611.26, 
123.31  subdivision 3, is amended to read: 
123.32     Subd. 3.  [COMPENSATION.] (a) The compensation of the chief 
123.33  district public defender shall be set by the board of public 
123.34  defense. and the compensation of each assistant district public 
123.35  defender shall be set by the chief district public defender with 
123.36  the approval of the board of public defense.  To assist the 
124.1   board of public defense in determining compensation under this 
124.2   subdivision, counties shall provide to the board information on 
124.3   the compensation of county attorneys, including salaries and 
124.4   benefits, rent, secretarial staff, and other pertinent budget 
124.5   data.  For purposes of this subdivision, compensation means 
124.6   salaries, cash payments, and employee benefits including paid 
124.7   time off and group insurance benefits, and other direct and 
124.8   indirect items of compensation including the value of office 
124.9   space provided by the employer.  
124.10     (b) This subdivision does not limit the rights of public 
124.11  defenders to collectively bargain with their employers. 
124.12     Sec. 19.  Minnesota Statutes 1996, section 611.26, 
124.13  subdivision 3a, is amended to read: 
124.14     Subd. 3a.  [BUDGET; COMPENSATION.] (a) Notwithstanding 
124.15  subdivision 3 or any other law to the contrary, compensation and 
124.16  economic benefit increases for chief district public defenders 
124.17  and assistant district public defenders, who are full-time 
124.18  county employees, shall be paid out of the budget for that 
124.19  judicial district public defender's office. 
124.20     (b) In the second judicial district, the district public 
124.21  defender's office shall be funded by the board of public 
124.22  defense.  The budget for the second judicial public defender's 
124.23  office shall not include Ramsey county property taxes. 
124.24     (c) In the fourth judicial district, the district public 
124.25  defender's office shall be funded by the board of public defense 
124.26  and by the Hennepin county board.  Personnel expenses of state 
124.27  employees hired on or after January 1, 1999, in the fourth 
124.28  judicial district public defender's office shall be funded by 
124.29  the board of public defense. 
124.30     (d) Those budgets for district public defender services in 
124.31  the second and fourth judicial districts under the jurisdiction 
124.32  of the state board of public defense shall be eligible for 
124.33  adjustments to their base budgets in the same manner as other 
124.34  state agencies.  In making biennial budget base adjustments, the 
124.35  commissioner of finance shall consider the budgets for district 
124.36  public defender services in all judicial districts, as allocated 
125.1   by the state board of public defense, in the same manner as 
125.2   other state agencies. 
125.3      Sec. 20.  Minnesota Statutes 1996, section 611.263, is 
125.4   amended to read: 
125.5      611.263 [COUNTY IS EMPLOYER OF; RAMSEY, HENNEPIN 
125.6   DEFENDERS.] 
125.7      Subdivision 1.  [EMPLOYEES.] (a) Except as provided in 
125.8   subdivision 3, the district public defender and assistant public 
125.9   defenders of the second judicial district are employees of 
125.10  Ramsey county in the unclassified service under section 383A.286.
125.11     (b) Except as provided in subdivision 3, the district 
125.12  public defender and assistant public defenders of the fourth 
125.13  judicial district are employees of Hennepin county under section 
125.14  383B.63, subdivision 6. 
125.15     Subd. 2.  [PUBLIC EMPLOYER.] (a) Except as provided in 
125.16  subdivision 3, and notwithstanding section 179A.03, subdivision 
125.17  15, clause (c), the Ramsey county board is the public employer 
125.18  under the public employment labor relations act for the district 
125.19  public defender and assistant public defenders of the second 
125.20  judicial district. 
125.21     (b) Except as provided in subdivision 3, and 
125.22  notwithstanding section 179A.03, subdivision 15, clause (c), the 
125.23  Hennepin county board is the public employer under the public 
125.24  employment labor relations act for the district public defender 
125.25  and assistant public defenders of the fourth judicial district. 
125.26     Subd. 3.  [EXCEPTION.] Notwithstanding section 611.265, 
125.27  district public defenders and employees in the second and fourth 
125.28  judicial districts who are hired on or after January 1, 1999, 
125.29  are state employees of the board of public defense and are 
125.30  governed by the personnel rules adopted by the board of public 
125.31  defense.  Employees of the public defender's office in the 
125.32  second and fourth judicial districts who are hired before 
125.33  January 1, 1999, remain employees of Ramsey and Hennepin 
125.34  counties, respectively, under subdivisions 1 and 2. 
125.35     Sec. 21.  Minnesota Statutes 1996, section 611.27, 
125.36  subdivision 1, is amended to read: 
126.1      Subdivision 1.  [COUNTY PAYMENT RESPONSIBILITY.] (a) The 
126.2   total compensation and expenses, including office equipment and 
126.3   supplies, of the district public defender are to be paid by the 
126.4   county or counties comprising the judicial district. 
126.5      (b) A chief district public defender shall annually submit 
126.6   a comprehensive budget to the state board of public defense.  
126.7   The budget shall be in compliance with standards and forms 
126.8   required by the board and must, at a minimum, include detailed 
126.9   substantiation as to all revenues and expenditures.  The chief 
126.10  district public defender shall, at times and in the form 
126.11  required by the board, submit reports to the board concerning 
126.12  its operations, including the number of cases handled and funds 
126.13  expended for these services. 
126.14     Within ten days after an assistant district public defender 
126.15  is appointed, the district public defender shall certify to the 
126.16  state board of public defense the compensation that has been 
126.17  recommended for the assistant.  
126.18     (c) The state board of public defense shall transmit the 
126.19  proposed budget of each district public defender to the 
126.20  respective district court administrators and county budget 
126.21  officers for comment before the board's final approval of the 
126.22  budget.  The board shall determine and certify to the respective 
126.23  county boards a final comprehensive budget for the office of the 
126.24  district public defender that includes all expenses.  After the 
126.25  board determines the allocation of the state funds authorized 
126.26  pursuant to paragraph (e), the board shall apportion the 
126.27  expenses of the district public defenders among the several 
126.28  counties and each county shall pay its share in monthly 
126.29  installments.  The county share is the proportion of the total 
126.30  expenses that the population in the county bears to the total 
126.31  population in the district as determined by the last federal 
126.32  census.  If the district public defender or an assistant 
126.33  district public defender is temporarily transferred to a county 
126.34  not situated in that public defender's judicial district, said 
126.35  county shall pay the proportionate part of that public 
126.36  defender's expenses for the services performed in said county.  
127.1      (d) Reimbursement for actual and necessary travel expenses 
127.2   in the conduct of the office of the district public defender 
127.3   shall be charged to either (1) the general expenses of the 
127.4   office, (2) the general expenses of the district for which the 
127.5   expenses were incurred if outside the district, or (3) the 
127.6   office of the state public defender if the services were 
127.7   rendered for that office. 
127.8      (e) (b) Money appropriated to the state board of public 
127.9   defense for the board's administration, for the state public 
127.10  defender, for the judicial district public defenders, and for 
127.11  the public defense corporations shall be expended as determined 
127.12  by the board.  In distributing funds to district public 
127.13  defenders, the board shall consider the geographic distribution 
127.14  of public defenders, the equity of compensation among the 
127.15  judicial districts, public defender case loads, and the results 
127.16  of the weighted case load study. 
127.17     Sec. 22.  Minnesota Statutes 1996, section 611.27, 
127.18  subdivision 7, is amended to read: 
127.19     Subd. 7.  [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 
127.20  Notwithstanding subdivision 4, The state's obligation for the 
127.21  costs of the public defender services is limited to the 
127.22  appropriations made to the board of public defense.  Services 
127.23  and expenses in cases where adequate representation cannot be 
127.24  provided by the district public defender shall be the 
127.25  responsibility of the state board of public defense. 
127.26     Sec. 23.  [REPORT ON SURCHARGES.] 
127.27     The state court administrator shall collect information on 
127.28  the amount of revenue collected annually from the imposition of 
127.29  surcharges under Minnesota Statutes, section 97A.065, 
127.30  subdivision 2, or 357.021, subdivision 6, and shall report this 
127.31  information to the chairs and ranking minority members of the 
127.32  house and senate divisions having jurisdiction over criminal 
127.33  justice funding by January 15, 2001. 
127.34     Sec. 24.  [INSTRUCTION TO REVISOR.] 
127.35     The revisor shall change the term "penalty assessment" or 
127.36  similar term to "surcharge" or similar term wherever the term 
128.1   appears in Minnesota Rules in connection with the board of peace 
128.2   officer standards and training. 
128.3      Sec. 25.  [EXPIRATION.] 
128.4      The amendment made to Minnesota Statutes, section 488A.03, 
128.5   subdivision 11, expires July 1, 2000. 
128.6      Sec. 26.  [REPEALER.] 
128.7      (a) Minnesota Statutes 1996, sections 609.101, subdivision 
128.8   1; and 626.861, are repealed. 
128.9      (b) Minnesota Statutes 1996, sections 611.216, subdivision 
128.10  1a; 611.26, subdivision 9; and 611.27, subdivision 2; and 
128.11  Minnesota Statutes 1997 Supplement, section 611.27, subdivision 
128.12  4, are repealed. 
128.13     Sec. 27.  [EFFECTIVE DATE.] 
128.14     Sections 1 to 11, 23 to 25, and 26, paragraph (a), are 
128.15  effective January 1, 1999.  Section 13 is effective July 1, 1999.
128.16                             ARTICLE 9 
128.17                            CORRECTIONS 
128.18     Section 1.  Minnesota Statutes 1996, section 3.739, 
128.19  subdivision 1, is amended to read: 
128.20     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
128.21  arising out of the circumstances described in this subdivision 
128.22  shall be presented to, heard, and determined as provided in 
128.23  subdivision 2: 
128.24     (1) an injury to or death of an inmate of a state, 
128.25  regional, or local correctional facility or county jail who has 
128.26  been conditionally released and ordered to perform uncompensated 
128.27  work for a state agency, a political subdivision or public 
128.28  corporation of this state, a nonprofit educational, medical, or 
128.29  social service agency, or a private business or individual, as a 
128.30  condition of the release, while performing the work; 
128.31     (2) an injury to or death of a person sentenced by a court, 
128.32  granted a suspended sentence by a court, or subject to a court 
128.33  disposition order, and who, under court order, is performing 
128.34  work (a) in restitution, (b) in lieu of or to work off fines or 
128.35  court ordered costs, (c) in lieu of incarceration, or (d) as a 
128.36  term or condition of a sentence, suspended sentence, or 
129.1   disposition order, while performing the work; 
129.2      (3) an injury to or death of a person, who has been 
129.3   diverted from the court system and who is performing work as 
129.4   described in paragraph (1) or (2) under a written agreement 
129.5   signed by the person, and if a juvenile, by a parent or 
129.6   guardian; or 
129.7      (4) an injury to or death of any person caused by an 
129.8   individual who was performing work as described in paragraph 
129.9   (1), (2), or (3); or 
129.10     (5) necessary medical care of offenders sentenced to the 
129.11  Camp Ripley work program described in section 241.277. 
129.12     Sec. 2.  Minnesota Statutes 1996, section 241.01, 
129.13  subdivision 7, is amended to read: 
129.14     Subd. 7.  [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 
129.15  commissioner of corrections may authorize and permit public or 
129.16  private social service, educational, or rehabilitation agencies 
129.17  or organizations, and their clients; or lawyers, insurance 
129.18  companies, or others; to use the facilities, staff, and other 
129.19  resources of correctional facilities under the commissioner's 
129.20  control and may require the participating agencies or 
129.21  organizations to pay all or part of the costs thereof.  All sums 
129.22  of money received pursuant to the agreements herein authorized 
129.23  shall not cancel until the end of the fiscal year immediately 
129.24  following the fiscal year in which the funds were received.  The 
129.25  funds are available for use by the commissioner during that 
129.26  period, and are hereby appropriated annually to the commissioner 
129.27  of corrections for the purposes of this subdivision. 
129.28     The commissioner may provide meals for staff and visitors 
129.29  for efficiency of operation and may require the participants to 
129.30  pay all or part of the costs of the meals.  All sums of money 
129.31  received under this provision are appropriated to the 
129.32  commissioner and shall not cancel until the end of the fiscal 
129.33  year immediately following the fiscal year in which the funds 
129.34  were received.  
129.35     Sec. 3.  Minnesota Statutes 1996, section 241.01, is 
129.36  amended by adding a subdivision to read: 
130.1      Subd. 9.  [LEASES FOR CORRECTIONAL FACILITY 
130.2   PROPERTY.] Money collected as rent under section 16B.24, 
130.3   subdivision 5, for state property at any of the correctional 
130.4   facilities administered by the commissioner of corrections is 
130.5   appropriated to the commissioner and is dedicated to the 
130.6   correctional facility from which it is generated.  Any balance 
130.7   remaining at the end of the fiscal year shall not cancel and is 
130.8   available until expended.  
130.9      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
130.10  241.015, is amended to read: 
130.11     241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
130.12     Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
130.13  15.91, the department of corrections must issue a performance 
130.14  report by November 30 of each year.  The issuance and content of 
130.15  the report must conform with section 15.91. 
130.16     Subd. 2.  [RECIDIVISM ANALYSIS.] The report required by 
130.17  subdivision 1 must include an evaluation and analysis of the 
130.18  programming in all department of corrections facilities.  This 
130.19  evaluation and analysis must include: 
130.20     (1) a description of the vocational, work, and industries 
130.21  programs and information on the recidivism rates for offenders 
130.22  who participated in these types of programming; 
130.23     (2) a description of the educational programs and 
130.24  information on the recidivism rates for offenders who 
130.25  participated in educational programming; and 
130.26     (3) a description of the chemical dependency, sex offender, 
130.27  and mental health treatment programs and information on the 
130.28  recidivism rates for offenders who participated in these 
130.29  treatment programs. 
130.30     The analysis of recidivism rates must include a breakdown 
130.31  of recidivism rates for juvenile offenders, adult male 
130.32  offenders, and adult female offenders. 
130.33     Sec. 5.  Minnesota Statutes 1996, section 241.05, is 
130.34  amended to read: 
130.35     241.05 [RELIGIOUS INSTRUCTION ACTIVITIES.] 
130.36     The commissioner of corrections shall provide at least one 
131.1   hour, on the first day of each week, between 9:00 a.m. and 5:00 
131.2   p.m., for religious instruction to allow inmates of all prisons 
131.3   and reformatories under the commissioner's control to 
131.4   participate in religious activities, during which members of the 
131.5   clergy of good standing in any church or denomination may freely 
131.6   administer and impart religious rites and instruction to those 
131.7   desiring the same them.  The commissioner shall provide a 
131.8   private room where such instruction can be given by members of 
131.9   the clergy of the denomination desired by the inmate, or, in 
131.10  case of minors, by the parents or guardian, and, in case of 
131.11  sickness, some other day or hour may be designated; but all 
131.12  sectarian practices are prohibited, and No officer or employee 
131.13  of the institution shall attempt to influence the religious 
131.14  belief of any inmate, and none no inmate shall be required to 
131.15  attend religious services against the inmate's will.  
131.16     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
131.17  241.277, subdivision 6, is amended to read: 
131.18     Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
131.19  court to the work program must serve a minimum of two-thirds of 
131.20  the pronounced sentence unless the offender is terminated from 
131.21  the program and remanded to the custody of the sentencing court 
131.22  as provided in subdivision 7.  The offender may be required to 
131.23  remain at the program beyond the minimum sentence for any period 
131.24  up to the full sentence if the offender violates disciplinary 
131.25  rules.  An offender whose program completion occurs on a 
131.26  Saturday, Sunday, or holiday shall be allowed to return to the 
131.27  community on the last day before the completion date that is not 
131.28  a Saturday, Sunday, or holiday.  If the offender's stay in the 
131.29  program was extended due to a violation of the disciplinary 
131.30  rules and the offender's day of completion is a Saturday, 
131.31  Sunday, or holiday, the offender shall not be allowed to return 
131.32  to the community until the day following that is not a Saturday, 
131.33  Sunday, or holiday. 
131.34     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
131.35  241.277, is amended by adding a subdivision to read: 
131.36     Subd. 6a.  [FURLOUGHS.] The commissioner may furlough an 
132.1   offender for up to three days in the event of the death of a 
132.2   family member or spouse.  If the commissioner determines that 
132.3   the offender requires serious and immediate medical attention, 
132.4   the commissioner may grant furloughs of up to three days to 
132.5   provide appropriate health care. 
132.6      Sec. 8.  Minnesota Statutes 1997 Supplement, section 
132.7   241.277, subdivision 9, is amended to read: 
132.8      Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
132.9   to the program must pay 25 percent of the per diem expenses for 
132.10  the offender.  Per diem money received from the counties are 
132.11  appropriated to the commissioner of corrections for program 
132.12  expenses.  Sums of money received by the commissioner under this 
132.13  subdivision shall not cancel until the end of the fiscal year 
132.14  immediately following the fiscal year in which the funds were 
132.15  received by the commissioner.  The commissioner is responsible 
132.16  for all other costs associated with the placement of offenders 
132.17  in the program, including, but not limited to, the remaining per 
132.18  diem expenses and the full cost of transporting offenders to and 
132.19  from the program.  Costs of medical care must be paid according 
132.20  to the provisions of section 3.739. 
132.21     Sec. 9.  [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 
132.22  COUNTY JAIL INMATES.] 
132.23     The commissioner of corrections, in the interest of inmate 
132.24  rehabilitation, may enter into interagency agreements with 
132.25  state, county, or municipal agencies, or contract with nonprofit 
132.26  agencies to fund or partially fund the cost of programs that use 
132.27  state or county jail inmates as a work force.  The commissioner 
132.28  is authorized to receive funds via these agreements and these 
132.29  funds are appropriated to the commissioner for community service 
132.30  programming. 
132.31     Sec. 10.  [241.85] [EDUCATIONAL ASSESSMENTS.] 
132.32     Subdivision 1.  [ASSESSMENTS; PROGRAMMING PLANS.] The 
132.33  commissioner of corrections shall develop an educational 
132.34  assessment to determine the educational status and needs of 
132.35  adults and juveniles in department of corrections facilities.  
132.36  The commissioner shall ensure that assessments are conducted on 
133.1   all individuals both upon their admittance and prior to their 
133.2   discharge from a facility.  The commissioner shall create a 
133.3   programming plan for individuals on whom an admission assessment 
133.4   was conducted if the individual is admitted to an educational 
133.5   program.  The plan must address any special needs identified by 
133.6   the assessment.  The commissioner shall also determine methods 
133.7   to measure the educational progress of individuals during their 
133.8   stay at a facility. 
133.9      Subd. 2.  [REPORT REQUIRED.] By December 15, 1999, the 
133.10  commissioner of corrections shall report to the chairs and 
133.11  ranking minority members of the senate and house committees and 
133.12  divisions having jurisdiction over criminal justice policy and 
133.13  funding on the educational assessments and programming plans 
133.14  described in subdivision 1. 
133.15     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
133.16  242.192, is amended to read: 
133.17     242.192 [CHARGES TO COUNTIES.] 
133.18     The commissioner shall charge counties or other appropriate 
133.19  jurisdictions for the actual per diem cost of confinement, 
133.20  excluding educational costs, of juveniles at the Minnesota 
133.21  correctional facility-Red Wing.  This charge applies to both 
133.22  counties that participate in the Community Corrections Act and 
133.23  those that do not.  The commissioner shall annually determine 
133.24  costs, making necessary adjustments to reflect the actual costs 
133.25  of confinement.  All money received under this section must be 
133.26  deposited in the state treasury and credited to the general fund.
133.27     Sec. 12.  Minnesota Statutes 1996, section 242.32, 
133.28  subdivision 1, is amended to read: 
133.29     Subdivision 1.  [COMMUNITY-BASED PROGRAMMING.] The 
133.30  commissioner of corrections shall be charged with the duty of 
133.31  developing constructive programs for the prevention and decrease 
133.32  of delinquency and crime among youth.  To that end, the 
133.33  commissioner shall cooperate with counties and existing agencies 
133.34  to encourage the establishment of new programming, both local 
133.35  and statewide, to provide a continuum of services for serious 
133.36  and repeat juvenile offenders who do not require secure 
134.1   placement.  The commissioner shall work jointly with the 
134.2   commissioner of human services and counties and municipalities 
134.3   to develop and provide community-based services for residential 
134.4   placement of juvenile offenders and community-based services for 
134.5   nonresidential programming for juvenile offenders and their 
134.6   families.  
134.7      Notwithstanding any law to the contrary, the commissioner 
134.8   of corrections is authorized to contract with counties placing 
134.9   juveniles in the serious/chronic program, PREPARE, at the 
134.10  Minnesota correctional facility-Red Wing to provide necessary 
134.11  extended community transition programming.  Funds resulting from 
134.12  the contracts shall be deposited in the state treasury and are 
134.13  appropriated to the commissioner for juvenile correctional 
134.14  purposes. 
134.15     Sec. 13.  Minnesota Statutes 1997 Supplement, section 
134.16  243.51, subdivision 1, is amended to read: 
134.17     Subdivision 1.  The commissioner of corrections is hereby 
134.18  authorized to contract with agencies and bureaus of the United 
134.19  States and with the proper officials of other states or a county 
134.20  of this state for the custody, care, subsistence, education, 
134.21  treatment and training of persons convicted of criminal offenses 
134.22  constituting felonies in the courts of this state, the United 
134.23  States, or other states of the United States.  Such contracts 
134.24  shall provide for reimbursing the state of Minnesota for all 
134.25  costs or other expenses involved.  Funds received under such 
134.26  contracts shall be deposited in the state treasury and are 
134.27  appropriated to the commissioner of corrections for correctional 
134.28  purposes, including capital improvements.  Any prisoner 
134.29  transferred to the state of Minnesota pursuant to this 
134.30  subdivision shall be subject to the terms and conditions of the 
134.31  prisoner's original sentence as if the prisoner were serving the 
134.32  same within the confines of the state in which the conviction 
134.33  and sentence was had or in the custody of the United States.  
134.34  Nothing herein shall deprive such inmate of the right to parole 
134.35  or the rights to legal process in the courts of this state.  
134.36     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
135.1   243.51, subdivision 3, is amended to read: 
135.2      Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
135.3   corrections is authorized to contract with agencies and bureaus 
135.4   of the United States and with the appropriate officials of any 
135.5   other state or county of this state for the temporary detention 
135.6   of any person in custody pursuant to any process issued under 
135.7   the authority of the United States, other states of the United 
135.8   States, or the district courts of this state.  The contract 
135.9   shall provide for reimbursement to the state of Minnesota for 
135.10  all costs and expenses involved.  Money received under contracts 
135.11  shall be deposited in the state treasury and are appropriated to 
135.12  the commissioner of corrections for correctional purposes, 
135.13  including capital improvements. 
135.14     Sec. 15.  Minnesota Statutes 1996, section 243.51, is 
135.15  amended by adding a subdivision to read: 
135.16     Subd. 5.  [SPECIAL REVENUE FUND.] Money received under 
135.17  contracts authorized in subdivisions 1 and 3 shall be deposited 
135.18  in the state treasury in an inmate housing account in the 
135.19  special revenue fund.  The money deposited in this account may 
135.20  be expended only as provided by law.  The purpose of this fund 
135.21  is for correctional purposes, including housing inmates under 
135.22  this section, and capital improvements.  
135.23     Sec. 16.  Minnesota Statutes 1996, section 390.11, 
135.24  subdivision 2, is amended to read: 
135.25     Subd. 2.  [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The 
135.26  coroner may conduct an autopsy in the case of any human death 
135.27  referred to in subdivision 1, clause (1) or (2), when the 
135.28  coroner judges that the public interest requires an autopsy, 
135.29  except that an autopsy must be conducted in all unattended 
135.30  inmate deaths that occur in a state correctional facility. 
135.31     Sec. 17.  Minnesota Statutes 1997 Supplement, section 
135.32  401.13, is amended to read: 
135.33     401.13 [CHARGES MADE TO COUNTIES.] 
135.34     Each participating county will be charged a sum equal to 
135.35  the actual per diem cost of confinement, excluding educational 
135.36  costs, of those juveniles committed to the commissioner and 
136.1   confined in a state correctional facility.  The commissioner 
136.2   shall annually determine costs making necessary adjustments to 
136.3   reflect the actual costs of confinement.  The commissioner of 
136.4   corrections shall bill the counties and deposit the receipts 
136.5   from the counties in the general fund.  All charges shall be a 
136.6   charge upon the county of commitment. 
136.7      Sec. 18.  Minnesota Statutes 1997 Supplement, section 
136.8   609.113, subdivision 3, is amended to read: 
136.9      Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
136.10  ineligible to be sentenced to the work program if: 
136.11     (1) the court determines that the person has a debilitating 
136.12  chemical dependency or serious mental health problem or the 
136.13  person has a serious and chronic condition requiring ongoing and 
136.14  continuous medical monitoring and treatment by a medical 
136.15  professional; or 
136.16     (2) the person has been convicted of a nonviolent felony or 
136.17  gross misdemeanor offense after having initially been charged 
136.18  with committing a crime against the person. 
136.19     Sec. 19.  Laws 1997, chapter 239, article 1, section 12, 
136.20  subdivision 2, is amended to read: 
136.21  Subd. 2.  Correctional 
136.22  Institutions  
136.23     179,965,000    189,823,000
136.24  The commissioner may expend federal 
136.25  grant money in an amount up to 
136.26  $1,000,000 to supplement the renovation 
136.27  of the buildings at the Brainerd 
136.28  regional center for use as a 
136.29  correctional facility. 
136.30  The commissioner may open the Brainerd 
136.31  facility on or after May 1, 1999 July 
136.32  1, 1999, if the commissioner shows a 
136.33  demonstrated need for the opening and 
136.34  the legislature, by law, approves it. 
136.35  If the commissioner deems it necessary 
136.36  to reduce staff positions during the 
136.37  biennium ending June 30, 1999, the 
136.38  commissioner must reduce at least the 
136.39  same percentage of management and 
136.40  supervisory personnel as line and 
136.41  support personnel in order to ensure 
136.42  employee safety, inmate safety, and 
136.43  facility security. 
136.44  During the biennium ending June 30, 
136.45  1999, if it is necessary to reduce 
136.46  services or staffing within a 
137.1   correctional facility, the commissioner 
137.2   or the commissioner's designee shall 
137.3   meet with affected exclusive 
137.4   representatives.  The commissioner 
137.5   shall make every reasonable effort to 
137.6   retain correctional officer and prison 
137.7   industry employees should reductions be 
137.8   necessary. 
137.9   During the biennium ending June 30, 
137.10  1999, the commissioner must consider 
137.11  ways to reduce the per diem in adult 
137.12  correctional facilities.  As part of 
137.13  this consideration, the commissioner 
137.14  must consider reduction in management 
137.15  and supervisory personnel levels in 
137.16  addition to line staff levels within 
137.17  adult correctional institutions, 
137.18  provided this objective can be 
137.19  accomplished without compromising 
137.20  safety and security. 
137.21  The commissioner shall develop criteria 
137.22  to designate geriatric and disabled 
137.23  inmates eligible for transfer to 
137.24  nursing facilities, including 
137.25  state-operated facilities.  Upon 
137.26  certification by the commissioner that 
137.27  a nursing facility can meet necessary 
137.28  security requirements, the commissioner 
137.29  may contract with the facility for the 
137.30  placement and housing of eligible 
137.31  geriatric and disabled inmates.  
137.32  Inmates placed in a nursing facility 
137.33  must meet the criteria specified in 
137.34  Minnesota Statutes, section 244.05, 
137.35  subdivision 8, and are considered to be 
137.36  on conditional medical release. 
137.37  $700,000 the first year and $1,500,000 
137.38  the second year are to operate a work 
137.39  program at Camp Ripley under Minnesota 
137.40  Statutes, section 241.277. 
137.41     Sec. 20.  Laws 1997, chapter 239, article 1, section 12, 
137.42  subdivision 4, is amended to read: 
137.43  Subd. 4.  Community Services 
137.44      80,387,000     84,824,000 
137.45  $225,000 each year is for school-based 
137.46  probation pilot programs.  Of this 
137.47  amount, $150,000 each year is for 
137.48  Dakota county and $75,000 each year is 
137.49  for Anoka county.  This is a one-time 
137.50  appropriation. 
137.51  $50,000 each year is for the Ramsey 
137.52  county enhanced probation pilot 
137.53  project.  The appropriation may not be 
137.54  used to supplant law enforcement or 
137.55  county probation officer positions, or 
137.56  correctional services or programs.  
137.57  This is a one-time appropriation. 
137.58  $200,000 the first year is for the gang 
137.59  intervention pilot project.  This is a 
137.60  one-time appropriation. 
138.1   $50,000 the first year and $50,000 the 
138.2   second year are for grants to local 
138.3   communities to establish and implement 
138.4   pilot project restorative justice 
138.5   programs. 
138.6   $95,000 the first year is for the 
138.7   Dakota county family group conferencing 
138.8   pilot project established in Laws 1996, 
138.9   chapter 408, article 2, section 9.  
138.10  This is a one-time appropriation. 
138.11  All money received by the commissioner 
138.12  of corrections pursuant to the domestic 
138.13  abuse investigation fee under Minnesota 
138.14  Statutes, section 609.2244, is 
138.15  available for use by the commissioner 
138.16  and is appropriated annually to the 
138.17  commissioner of corrections for costs 
138.18  related to conducting the 
138.19  investigations. 
138.20  $750,000 each year is for an increase 
138.21  in community corrections act subsidy 
138.22  funding.  The funding shall be 
138.23  distributed according to the community 
138.24  corrections aid formula in Minnesota 
138.25  Statutes, section 401.10. 
138.26  $4,000,000 the second year is for 
138.27  juvenile residential treatment grants 
138.28  to counties to defray the cost of 
138.29  juvenile delinquent residential 
138.30  treatment.  Eighty percent of this 
138.31  appropriation must be distributed to 
138.32  noncommunity corrections act counties 
138.33  and 20 percent must be distributed to 
138.34  community corrections act counties.  
138.35  The commissioner shall distribute the 
138.36  money according to the formula 
138.37  contained in Minnesota Statutes, 
138.38  section 401.10.  By January 15, 
138.39  counties must submit a report to the 
138.40  commissioner describing the purposes 
138.41  for which the grants were used. 
138.42  $60,000 the first year and $60,000 the 
138.43  second year are for the electronic 
138.44  alcohol monitoring of DWI and domestic 
138.45  abuse offenders pilot program. 
138.46  $123,000 each year shall be distributed 
138.47  to the Dodge-Fillmore-Olmsted community 
138.48  corrections agency and $124,000 each 
138.49  year shall be distributed to the 
138.50  Arrowhead regional corrections agency 
138.51  for use in a pilot project to expand 
138.52  the agencies' productive day initiative 
138.53  programs, as defined in Minnesota 
138.54  Statutes, section 241.275, to include 
138.55  juvenile offenders who are 16 years of 
138.56  age and older.  This is a one-time 
138.57  appropriation. 
138.58  $2,000,000 the first year and 
138.59  $2,000,000 the second year are for a 
138.60  statewide probation and supervised 
138.61  release caseload and workload reduction 
138.62  grant program.  Counties that deliver 
138.63  correctional services through Minnesota 
138.64  Statutes, chapter 260, and that qualify 
139.1   for new probation officers under this 
139.2   program shall receive full 
139.3   reimbursement for the officers' 
139.4   salaries and reimbursement for the 
139.5   officers' benefits and support as set 
139.6   forth in the probations standards task 
139.7   force report, not to exceed $70,000 per 
139.8   officer annually.  Positions funded by 
139.9   this appropriation may not supplant 
139.10  existing services.  Position control 
139.11  numbers for these positions must be 
139.12  annually reported to the commissioner 
139.13  of corrections. 
139.14  The commissioner shall distribute money 
139.15  appropriated for state and county 
139.16  probation officer caseload and workload 
139.17  reduction, increased intensive 
139.18  supervised release and probation 
139.19  services, and county probation officer 
139.20  reimbursement according to the formula 
139.21  contained in Minnesota Statutes, 
139.22  section 401.10.  These appropriations 
139.23  may not be used to supplant existing 
139.24  state or county probation officer 
139.25  positions or existing correctional 
139.26  services or programs.  The money 
139.27  appropriated under this provision is 
139.28  intended to reduce state and county 
139.29  probation officer caseload and workload 
139.30  overcrowding and to increase 
139.31  supervision of individuals sentenced to 
139.32  probation at the county level.  This 
139.33  increased supervision may be 
139.34  accomplished through a variety of 
139.35  methods, including but not limited to:  
139.36  (1) innovative technology services, 
139.37  such as automated probation reporting 
139.38  systems and electronic monitoring; (2) 
139.39  prevention and diversion programs; (3) 
139.40  intergovernmental cooperation 
139.41  agreements between local governments 
139.42  and appropriate community resources; 
139.43  and (4) traditional probation program 
139.44  services. 
139.45  $700,000 the first year and $700,000 
139.46  the second year are for grants to 
139.47  judicial districts for the 
139.48  implementation of innovative projects 
139.49  to improve the administration of 
139.50  justice, including, but not limited to, 
139.51  drug courts, night courts, community 
139.52  courts, family courts, and projects 
139.53  emphasizing early intervention and 
139.54  coordination of justice system 
139.55  resources in the resolution of cases.  
139.56  Of this amount, up to $25,000 may be 
139.57  used to develop a gun education 
139.58  curriculum under article 2.  This is a 
139.59  one-time appropriation. 
139.60  During fiscal year 1998, up to $500,000 
139.61  of unobligated funds available under 
139.62  Minnesota Statutes, section 401.10, 
139.63  subdivision 2, from fiscal year 1997 
139.64  may be used for a court services 
139.65  tracking system for the counties.  
139.66  Notwithstanding Minnesota Statutes, 
139.67  section 401.10, subdivision 2, these 
139.68  funds are available for use in any 
140.1   county using the court services 
140.2   tracking system. 
140.3   Before the commissioner uses money that 
140.4   would otherwise cancel to the general 
140.5   fund for the court services tracking 
140.6   system, the proposal for the system 
140.7   must be reviewed by the criminal and 
140.8   juvenile justice information policy 
140.9   group. 
140.10  $52,500 of the amount appropriated to 
140.11  the commissioner in Laws 1995, chapter 
140.12  226, article 1, section 11, subdivision 
140.13  3, for the criterion-related 
140.14  cross-validation study is available 
140.15  until January 1, 1998.  The study must 
140.16  be completed by January 1, 1998. 
140.17     Sec. 21.  [ACCOUNT BALANCE.] 
140.18     As of June 30, 1999, any balance remaining in the account 
140.19  containing money received through contracts authorized by 
140.20  Minnesota Statutes, section 243.51, subdivisions 1 and 3, is 
140.21  transferred to the inmate housing account in the special revenue 
140.22  fund. 
140.23     Sec. 22.  [REPORT REQUIRED.] 
140.24     (a) By February 1, 1999, the commissioner of corrections 
140.25  shall report to the house and senate committees having 
140.26  jurisdiction over criminal justice policy and funding on how the 
140.27  department of corrections intends to collect information on job 
140.28  placement rates of inmates who have been discharged from 
140.29  department of corrections facilities.  This report shall include 
140.30  information on how the department of corrections can collect 
140.31  summary data on job placement rates of former inmates who are on 
140.32  supervised release, including the types of jobs for which 
140.33  inmates have been hired and the wages earned by the inmates.  
140.34  The report also shall include information on the predischarge or 
140.35  postdischarge assistance that would assist inmates in obtaining 
140.36  employment. 
140.37     (b) "Summary data" has the meaning given in Minnesota 
140.38  Statutes, section 13.02, subdivision 19. 
140.39     Sec. 23.  [HEALTH CARE COST REDUCTIONS.] 
140.40     Subdivision 1.  [IMPLEMENTATION REPORT.] The commissioner 
140.41  of corrections shall report to the chairs and ranking minority 
140.42  members of the senate and house committees and divisions having 
141.1   jurisdiction over criminal justice policy and funding by 
141.2   December 15, 1998, on progress in implementing initiatives 
141.3   related to: 
141.4      (1) a review of the current health care delivery system 
141.5   within the department; 
141.6      (2) development of requests for proposals to consolidate 
141.7   contracts, negotiate discounts, regionalize health care 
141.8   delivery; reduce transportation costs; and implement other 
141.9   health care cost containment initiatives; 
141.10     (3) formalization of utilization review requirements; 
141.11     (4) expansion of telemedicine; and 
141.12     (5) increasing the cost-effective use of infirmary services.
141.13  The report must also include the results of strategic planning 
141.14  efforts, including but not limited to planning efforts to 
141.15  improve fiscal management, improve record keeping and data 
141.16  collection, expand infirmary services, and expand mental health 
141.17  services. 
141.18     Subd. 2.  [COST CONTAINMENT PLAN.] The commissioner shall 
141.19  present to the chairs and ranking minority members of the senate 
141.20  and house committees and divisions having jurisdiction over 
141.21  criminal justice policy and funding, by January 1, 1999, a plan 
141.22  to reduce inmate per diem health care costs over a four-year 
141.23  period.  The plan must propose a strategy to reduce health care 
141.24  costs closer to the national average.  In developing the plan, 
141.25  the commissioner shall consider the use of prepaid, capitated 
141.26  payments and other managed care techniques.  The plan may also 
141.27  include health care initiatives currently being implemented by 
141.28  the commissioner, or being evaluated by the commissioner as part 
141.29  of the development of a strategic plan.  The cost containment 
141.30  plan must include methods to improve data collection and 
141.31  analysis, so as to allow regular reporting of health care 
141.32  expenditures for specific services and procedures and effective 
141.33  monitoring of health care quality. 
141.34     Subd. 3.  [CONSULTATION WITH THE COMMISSIONERS OF HEALTH 
141.35  AND HUMAN SERVICES.] When preparing the report described in 
141.36  subdivision 1 and the plan described in subdivision 2, the 
142.1   commissioner of corrections shall consult with the commissioner 
142.2   of health and the commissioner of human services. 
142.3      Sec. 24.  [REPEALER.] 
142.4      Minnesota Statutes 1997 Supplement, section 243.51, 
142.5   subdivision 4, is repealed. 
142.6      Sec. 25.  [EFFECTIVE DATE.] 
142.7      Sections 1 to 3, 6 to 8, 12, and 18 are effective the day 
142.8   following final enactment.  Sections 13 to 15, 21, and 24 are 
142.9   effective July 1, 1999. 
142.10                             ARTICLE 10 
142.11                             JUVENILES 
142.12     Section 1.  Minnesota Statutes 1996, section 241.021, is 
142.13  amended by adding a subdivision to read: 
142.14     Subd. 2b.  [LICENSING PROHIBITION FOR CERTAIN JUVENILE 
142.15  FACILITIES.] The commissioner may not: 
142.16     (1) issue a license under this section to operate a 
142.17  correctional facility for the detention or confinement of 
142.18  juvenile offenders if the facility accepts juveniles who reside 
142.19  outside of Minnesota without an agreement with the entity 
142.20  placing the juvenile at the facility that obligates the entity 
142.21  to pay the educational expenses of the juvenile; or 
142.22     (2) renew a license under this section to operate a 
142.23  correctional facility for the detention or confinement of 
142.24  juvenile offenders if the facility accepts juveniles who reside 
142.25  outside of Minnesota without an agreement with the entity 
142.26  placing the juvenile at the facility that obligates the entity 
142.27  to pay the educational expenses of the juvenile. 
142.28     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
142.29  242.32, subdivision 4, is amended to read: 
142.30     Subd. 4.  [EXCEPTION.] The 100-bed limitation in 
142.31  subdivision 3 does not apply to: 
142.32     (1) up to 32 beds constructed and operated for long-term 
142.33  residential secure programming by a privately operated facility 
142.34  licensed by the commissioner in Rock county, Minnesota; and 
142.35     (2) the campus at the state juvenile correctional facility 
142.36  at Red Wing, Minnesota.  
143.1      Sec. 3.  [245A.30] [LICENSING PROHIBITION FOR CERTAIN 
143.2   JUVENILE FACILITIES.] 
143.3      The commissioner may not: 
143.4      (1) issue any license under Minnesota Rules, parts 
143.5   9545.0905 to 9545.1125, for the residential placement of 
143.6   juveniles at a facility if the facility accepts juveniles who 
143.7   reside outside of Minnesota without an agreement with the entity 
143.8   placing the juvenile at the facility that obligates the entity 
143.9   to pay the educational expenses of the juvenile; or 
143.10     (2) renew a license under Minnesota Rules, parts 9545.0905 
143.11  to 9545.1125, for the residential placement of juveniles if the 
143.12  facility accepts juveniles who reside outside of Minnesota 
143.13  without an agreement with the entity placing the juvenile at the 
143.14  facility that obligates the entity to pay the educational 
143.15  expenses of the juvenile. 
143.16     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
143.17  260.015, subdivision 2a, is amended to read: 
143.18     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
143.19  "Child in need of protection or services" means a child who is 
143.20  in need of protection or services because the child: 
143.21     (1) is abandoned or without parent, guardian, or custodian; 
143.22     (2)(i) has been a victim of physical or sexual abuse, (ii) 
143.23  resides with or has resided with a victim of domestic child 
143.24  abuse as defined in subdivision 24, (iii) resides with or would 
143.25  reside with a perpetrator of domestic child abuse or child abuse 
143.26  as defined in subdivision 28, or (iv) is a victim of emotional 
143.27  maltreatment as defined in subdivision 5a; 
143.28     (3) is without necessary food, clothing, shelter, 
143.29  education, or other required care for the child's physical or 
143.30  mental health or morals because the child's parent, guardian, or 
143.31  custodian is unable or unwilling to provide that care; 
143.32     (4) is without the special care made necessary by a 
143.33  physical, mental, or emotional condition because the child's 
143.34  parent, guardian, or custodian is unable or unwilling to provide 
143.35  that care; 
143.36     (5) is medically neglected, which includes, but is not 
144.1   limited to, the withholding of medically indicated treatment 
144.2   from a disabled infant with a life-threatening condition.  The 
144.3   term "withholding of medically indicated treatment" means the 
144.4   failure to respond to the infant's life-threatening conditions 
144.5   by providing treatment, including appropriate nutrition, 
144.6   hydration, and medication which, in the treating physician's or 
144.7   physicians' reasonable medical judgment, will be most likely to 
144.8   be effective in ameliorating or correcting all conditions, 
144.9   except that the term does not include the failure to provide 
144.10  treatment other than appropriate nutrition, hydration, or 
144.11  medication to an infant when, in the treating physician's or 
144.12  physicians' reasonable medical judgment: 
144.13     (i) the infant is chronically and irreversibly comatose; 
144.14     (ii) the provision of the treatment would merely prolong 
144.15  dying, not be effective in ameliorating or correcting all of the 
144.16  infant's life-threatening conditions, or otherwise be futile in 
144.17  terms of the survival of the infant; or 
144.18     (iii) the provision of the treatment would be virtually 
144.19  futile in terms of the survival of the infant and the treatment 
144.20  itself under the circumstances would be inhumane; 
144.21     (6) is one whose parent, guardian, or other custodian for 
144.22  good cause desires to be relieved of the child's care and 
144.23  custody; 
144.24     (7) has been placed for adoption or care in violation of 
144.25  law; 
144.26     (8) is without proper parental care because of the 
144.27  emotional, mental, or physical disability, or state of 
144.28  immaturity of the child's parent, guardian, or other custodian; 
144.29     (9) is one whose behavior, condition, or environment is 
144.30  such as to be injurious or dangerous to the child or others.  An 
144.31  injurious or dangerous environment may include, but is not 
144.32  limited to, the exposure of a child to criminal activity in the 
144.33  child's home; 
144.34     (10) has committed a delinquent act or a juvenile petty 
144.35  offense before becoming ten years old; 
144.36     (11) is a runaway; 
145.1      (12) is an habitual truant; 
145.2      (13) has been found incompetent to proceed or has been 
145.3   found not guilty by reason of mental illness or mental 
145.4   deficiency in connection with a delinquency proceeding, a 
145.5   certification under section 260.125, an extended jurisdiction 
145.6   juvenile prosecution, or a proceeding involving a juvenile petty 
145.7   offense; 
145.8      (14) is one whose custodial parent's parental rights to 
145.9   another child have been involuntarily terminated within the past 
145.10  five years; or 
145.11     (15) has been found by the court to have committed domestic 
145.12  abuse perpetrated by a minor under Laws 1997, chapter 239, 
145.13  article 10, sections 2 to 26, has been ordered excluded from the 
145.14  child's parent's home by an order for protection/minor 
145.15  respondent, and the parent or guardian is either unwilling or 
145.16  unable to provide an alternative safe living arrangement for the 
145.17  child; or 
145.18     (16) has engaged in prostitution, as defined in section 
145.19  609.321, subdivision 9. 
145.20     Sec. 5.  Minnesota Statutes 1996, section 260.015, 
145.21  subdivision 21, is amended to read: 
145.22     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
145.23  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
145.24  alcohol offense, a juvenile controlled substance offense, a 
145.25  violation of section 609.685, or a violation of a local 
145.26  ordinance, which by its terms prohibits conduct by a child under 
145.27  the age of 18 years which would be lawful conduct if committed 
145.28  by an adult.  
145.29     (b) Except as otherwise provided in paragraph (c), 
145.30  "juvenile petty offense" also includes an offense that would be 
145.31  a misdemeanor if committed by an adult.  
145.32     (c) "Juvenile petty offense" does not include any of the 
145.33  following: 
145.34     (1) a misdemeanor-level violation of section 588.20, 
145.35  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
145.36  609.79, or 617.23; 
146.1      (2) a major traffic offense or an adult court traffic 
146.2   offense, as described in section 260.193; 
146.3      (3) a misdemeanor-level offense committed by a child whom 
146.4   the juvenile court previously has found to have committed a 
146.5   misdemeanor, gross misdemeanor, or felony offense; or 
146.6      (4) a misdemeanor-level offense committed by a child whom 
146.7   the juvenile court has found to have committed a 
146.8   misdemeanor-level juvenile petty offense on two or more prior 
146.9   occasions, unless the county attorney designates the child on 
146.10  the petition as a juvenile petty offender notwithstanding this 
146.11  prior record.  As used in this clause, "misdemeanor-level 
146.12  juvenile petty offense" includes a misdemeanor-level offense 
146.13  that would have been a juvenile petty offense if it had been 
146.14  committed on or after July 1, 1995.  
146.15     (d) A child who commits a juvenile petty offense is a 
146.16  "juvenile petty offender." 
146.17     Sec. 6.  Minnesota Statutes 1996, section 260.131, is 
146.18  amended by adding a subdivision to read: 
146.19     Subd. 5.  [CONCURRENT JURISDICTION.] When a petition is 
146.20  filed alleging that a child has engaged in prostitution as 
146.21  defined in section 609.321, subdivision 9, the county attorney 
146.22  shall determine whether concurrent jurisdiction is necessary to 
146.23  provide appropriate intervention and, if so, proceed to file a 
146.24  petition alleging the child to be both delinquent and in need of 
146.25  protection or services. 
146.26     Sec. 7.  Minnesota Statutes 1996, section 260.155, 
146.27  subdivision 1, is amended to read: 
146.28     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
146.29  under section 260.261 260.315, hearings on any matter shall be 
146.30  without a jury and may be conducted in an informal manner, 
146.31  except that a child who is prosecuted as an extended 
146.32  jurisdiction juvenile has the right to a jury trial on the issue 
146.33  of guilt.  The rules of evidence promulgated pursuant to section 
146.34  480.0591 and the law of evidence shall apply in adjudicatory 
146.35  proceedings involving a child alleged to be delinquent, an 
146.36  extended jurisdiction juvenile, or a juvenile petty offender, 
147.1   and hearings conducted pursuant to section 260.125 except to the 
147.2   extent that the rules themselves provide that they do not 
147.3   apply.  In all adjudicatory proceedings involving a child 
147.4   alleged to be in need of protection or services, the court shall 
147.5   admit only evidence that would be admissible in a civil trial.  
147.6   To be proved at trial, allegations of a petition alleging a 
147.7   child to be in need of protection or services must be proved by 
147.8   clear and convincing evidence. 
147.9      (b) Except for proceedings involving a child alleged to be 
147.10  in need of protection or services and petitions for the 
147.11  termination of parental rights, hearings may be continued or 
147.12  adjourned from time to time.  In proceedings involving a child 
147.13  alleged to be in need of protection or services and petitions 
147.14  for the termination of parental rights, hearings may not be 
147.15  continued or adjourned for more than one week unless the court 
147.16  makes specific findings that the continuance or adjournment is 
147.17  in the best interests of the child.  If a hearing is held on a 
147.18  petition involving physical or sexual abuse of a child who is 
147.19  alleged to be in need of protection or services or neglected and 
147.20  in foster care, the court shall file the decision with the court 
147.21  administrator as soon as possible but no later than 15 days 
147.22  after the matter is submitted to the court.  When a continuance 
147.23  or adjournment is ordered in any proceeding, the court may make 
147.24  any interim orders as it deems in the best interests of the 
147.25  minor in accordance with the provisions of sections 260.011 to 
147.26  260.301. 
147.27     (c) Except as otherwise provided in this paragraph, the 
147.28  court shall exclude the general public from hearings under this 
147.29  chapter and shall admit only those persons who, in the 
147.30  discretion of the court, have a direct interest in the case or 
147.31  in the work of the court.  The court shall permit the victim of 
147.32  a child's delinquent act to attend any related delinquency 
147.33  proceeding, except that the court may exclude the victim: 
147.34     (1) as a witness under the Rules of Criminal Procedure; and 
147.35     (2) from portions of a certification hearing to discuss 
147.36  psychological material or other evidence that would not be 
148.1   accessible to the public. 
148.2   The court shall open the hearings to the public in delinquency 
148.3   or extended jurisdiction juvenile proceedings where the child is 
148.4   alleged to have committed an offense or has been proven to have 
148.5   committed an offense that would be a felony if committed by an 
148.6   adult and the child was at least 16 years of age at the time of 
148.7   the offense, except that the court may exclude the public from 
148.8   portions of a certification hearing to discuss psychological 
148.9   material or other evidence that would not be accessible to the 
148.10  public in an adult proceeding. 
148.11     (d) In all delinquency cases a person named in the charging 
148.12  clause of the petition as a person directly damaged in person or 
148.13  property shall be entitled, upon request, to be notified by the 
148.14  court administrator in writing, at the named person's last known 
148.15  address, of (1) the date of the certification or adjudicatory 
148.16  hearings, and (2) the disposition of the case. 
148.17     (e) Adoption hearings shall be conducted in accordance with 
148.18  the provisions of laws relating to adoptions. 
148.19     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
148.20  260.161, subdivision 2, is amended to read: 
148.21     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] (a) Except as 
148.22  otherwise provided in this section, and except for legal records 
148.23  arising from proceedings or portions of proceedings that are 
148.24  public under section 260.155, subdivision 1, none of the records 
148.25  of the juvenile court and none of the records relating to an 
148.26  appeal from a nonpublic juvenile court proceeding, except the 
148.27  written appellate opinion, shall be open to public inspection or 
148.28  their contents disclosed except (a):  
148.29     (1) by order of a court, (b); or 
148.30     (2) as required by sections 245A.04, 611A.03, 611A.04, 
148.31  611A.06, and 629.73, or (c)  the name of a juvenile who is the 
148.32  subject of a delinquency petition shall be released to. 
148.33     (b) The victim of the any alleged delinquent act may, upon 
148.34  the victim's request; unless it reasonably appears that the 
148.35  request is prompted by a desire on the part of the requester to 
148.36  engage in unlawful activities., obtain the following 
149.1   information, unless it reasonably appears that the request is 
149.2   prompted by a desire on the part of the requester to engage in 
149.3   unlawful activities: 
149.4      (1) the name and age of the juvenile; 
149.5      (2) the act for which the juvenile was petitioned and date 
149.6   of the offense; and 
149.7      (3) the disposition, including but not limited to, 
149.8   dismissal of the petition, diversion, probation and conditions 
149.9   of probation, detention, fines, or restitution.  
149.10     (c) The records of juvenile probation officers and county 
149.11  home schools are records of the court for the purposes of this 
149.12  subdivision.  Court services data relating to delinquent acts 
149.13  that are contained in records of the juvenile court may be 
149.14  released as allowed under section 13.84, subdivision 5a.  This 
149.15  subdivision applies to all proceedings under this chapter, 
149.16  including appeals from orders of the juvenile court, except that 
149.17  this subdivision does not apply to proceedings under section 
149.18  260.255, 260.261, or 260.315 when the proceeding involves an 
149.19  adult defendant.  The court shall maintain the confidentiality 
149.20  of adoption files and records in accordance with the provisions 
149.21  of laws relating to adoptions.  In juvenile court proceedings 
149.22  any report or social history furnished to the court shall be 
149.23  open to inspection by the attorneys of record and the guardian 
149.24  ad litem a reasonable time before it is used in connection with 
149.25  any proceeding before the court. 
149.26     (d) When a judge of a juvenile court, or duly authorized 
149.27  agent of the court, determines under a proceeding under this 
149.28  chapter that a child has violated a state or local law, 
149.29  ordinance, or regulation pertaining to the operation of a motor 
149.30  vehicle on streets and highways, except parking violations, the 
149.31  judge or agent shall immediately report the violation to the 
149.32  commissioner of public safety.  The report must be made on a 
149.33  form provided by the department of public safety and must 
149.34  contain the information required under section 169.95. 
149.35     (e) A county attorney may give a law enforcement agency 
149.36  that referred a delinquency matter to the county attorney a 
150.1   summary of the results of that referral, including the details 
150.2   of any juvenile court disposition. 
150.3      Sec. 9.  Minnesota Statutes 1997 Supplement, section 
150.4   260.165, subdivision 1, is amended to read: 
150.5      Subdivision 1.  No child may be taken into immediate 
150.6   custody except: 
150.7      (a) With an order issued by the court in accordance with 
150.8   the provisions of section 260.135, subdivision 5, or Laws 1997, 
150.9   chapter 239, article 10, section 10, paragraph (a), clause (3), 
150.10  or 12, paragraph (a), clause (3), or by a warrant issued in 
150.11  accordance with the provisions of section 260.145; or 
150.12     (b) In accordance with the laws relating to arrests; or 
150.13     (c) By a peace officer 
150.14     (1) when a child has run away from a parent, guardian, or 
150.15  custodian, or when the peace officer reasonably believes the 
150.16  child has run away from a parent, guardian, or custodian; or 
150.17     (2) when a child is found in surroundings or conditions 
150.18  which endanger the child's health or welfare or which such peace 
150.19  officer reasonably believes will endanger the child's health or 
150.20  welfare.  If an Indian child is a resident of a reservation or 
150.21  is domiciled on a reservation but temporarily located off the 
150.22  reservation, the taking of the child into custody under this 
150.23  clause shall be consistent with the Indian Child Welfare Act of 
150.24  1978, United States Code, title 25, section 1922; 
150.25     (d) By a peace officer or probation or parole officer when 
150.26  it is reasonably believed that the child has violated the terms 
150.27  of probation, parole, or other field supervision; or 
150.28     (e) By a peace officer or probation officer under section 
150.29  260.132, subdivision 1 or 4. 
150.30     Sec. 10.  Minnesota Statutes 1996, section 260.165, is 
150.31  amended by adding a subdivision to read: 
150.32     Subd. 2a.  [PROTECTIVE PAT-DOWN SEARCH OF CHILD 
150.33  AUTHORIZED.] (a) A peace officer who takes a child of any age or 
150.34  gender into custody under the provisions of this section is 
150.35  authorized to perform a protective pat-down search of the child 
150.36  in order to protect the officer's safety.  
151.1      (b) A peace officer also may perform a protective pat-down 
151.2   search of a child in order to protect the officer's safety in 
151.3   circumstances where the officer does not intend to take the 
151.4   child into custody, if this section authorizes the officer to 
151.5   take the child into custody.  
151.6      (c) Evidence discovered in the course of a lawful search 
151.7   under this section is admissible. 
151.8      Sec. 11.  Minnesota Statutes 1996, section 260.255, is 
151.9   amended to read: 
151.10     260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO 
151.11  DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR 
151.12  PROTECTION OR SERVICES; COURT ORDERS.] 
151.13     Subdivision 1.  [JURISDICTION.] The juvenile court has 
151.14  civil jurisdiction over persons contributing to the delinquency, 
151.15  status as a juvenile petty offender, or need for protection or 
151.16  services of a child under the provisions of subdivision 2 or 3 
151.17  this section.  
151.18     Subd. 1a.  [PETITION; ORDER TO SHOW CAUSE.] A request for 
151.19  jurisdiction over a person described in subdivision 1 shall be 
151.20  initiated by the filing of a verified petition by the county 
151.21  attorney having jurisdiction over the place where the child is 
151.22  found, resides, or where the alleged act of contributing 
151.23  occurred.  A prior or pending petition alleging that the child 
151.24  is delinquent, a juvenile petty offender, or in need of 
151.25  protection or services is not a prerequisite to a petition under 
151.26  this section.  The petition shall allege the factual basis for 
151.27  the claim that the person is contributing to the child's 
151.28  delinquency, status as a juvenile petty offender, or need for 
151.29  protection or services.  If the court determines, upon review of 
151.30  the verified petition, that probable cause exists to believe 
151.31  that the person has contributed to the child's delinquency, 
151.32  status as a juvenile petty offender, or need for protection or 
151.33  services, the court shall issue an order to show cause why the 
151.34  person should not be subject to the jurisdiction of the court.  
151.35  The order to show cause and a copy of the verified petition 
151.36  shall be served personally upon the person and shall set forth 
152.1   the time and place of the hearing to be conducted under 
152.2   subdivision 2.  
152.3      Subd. 2.  [HEARING.] If in (a) The court shall conduct a 
152.4   hearing on the petition in accordance with the procedures 
152.5   contained in paragraph (b).  
152.6      (b) Hearings under this subdivision shall be without a jury.
152.7   The rules of evidence promulgated pursuant to section 480.0591 
152.8   and the provisions under section 260.156 shall apply.  In all 
152.9   proceedings under this section, the court shall admit only 
152.10  evidence that would be admissible in a civil trial.  When the 
152.11  respondent is an adult, hearings under this subdivision shall be 
152.12  open to the public.  Hearings shall be conducted within five 
152.13  days of personal service of the order to show cause and may be 
152.14  continued for a reasonable period of time if a continuance is in 
152.15  the best interest of the child or in the interests of justice. 
152.16     (c) At the conclusion of the hearing of a case of a child 
152.17  alleged to be delinquent or in need of protection or services it 
152.18  appears, if the court finds by a fair preponderance of the 
152.19  evidence that any person has violated the provisions of the 
152.20  person has contributed to the child's delinquency, status as a 
152.21  juvenile petty offender, or need for protection or services, as 
152.22  defined in section 260.315, the court may make any of the 
152.23  following orders: 
152.24     (a) (1) restrain the person from any further act or 
152.25  omission in violation of section 260.315; or 
152.26     (b) (2) prohibit the person from associating or 
152.27  communicating in any manner with the child; or 
152.28     (c) Provide for the maintenance or care of the child, if 
152.29  the person is responsible for such, and direct when, how, and 
152.30  where money for such maintenance or care shall be paid.  
152.31     (3) require the person to participate in evaluation or 
152.32  services determined necessary by the court to correct the 
152.33  conditions that contributed to the child's delinquency, status 
152.34  as a juvenile petty offender, or need for protection or 
152.35  services; 
152.36     (4) require the person to provide supervision, treatment, 
153.1   or other necessary care; 
153.2      (5) require the person to pay restitution to a victim for 
153.3   pecuniary damages arising from an act of the child relating to 
153.4   the child's delinquency, status as a juvenile petty offender, or 
153.5   need for protection or services; 
153.6      (6) require the person to pay the cost of services provided 
153.7   to the child or for the child's protection; or 
153.8      (7) require the person to provide for the child's 
153.9   maintenance or care if the person is responsible for the 
153.10  maintenance or care, and direct when, how, and where money for 
153.11  the maintenance or care shall be paid.  If the person is 
153.12  receiving public assistance for the child's maintenance or care, 
153.13  the court shall authorize the public agency responsible for 
153.14  administering the public assistance funds to make payments 
153.15  directly to vendors for the cost of food, shelter, medical care, 
153.16  utilities, and other necessary expenses.  
153.17     (d) An order issued under this section shall be for a fixed 
153.18  period of time, not to exceed one year.  The order may be 
153.19  renewed or modified prior to expiration upon notice and motion 
153.20  when there has not been compliance with the court's order or the 
153.21  order continues to be necessary to eliminate the contributing 
153.22  behavior or to mitigate its effect on the child. 
153.23     Subd. 3.  [CRIMINAL PROCEEDINGS.] Before making any order 
153.24  under subdivision 2 the court shall issue an order to show 
153.25  cause, either upon its own motion or upon a verified petition, 
153.26  specifying the charges made against the person and fixing the 
153.27  time and place of the hearing.  The order to show cause shall be 
153.28  served personally and shall be heard in the same manner as 
153.29  provided in other cases in the juvenile court.  The county 
153.30  attorney may bring both a criminal proceeding under section 
153.31  260.315 and a civil action under this section. 
153.32     Sec. 12.  Minnesota Statutes 1996, section 260.315, is 
153.33  amended to read: 
153.34     260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR 
153.35  PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR 
153.36  DELINQUENCY.] 
154.1      Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
154.2   or omission encourages, causes, or contributes to the need for 
154.3   protection or services or delinquency of a child, or to a 
154.4   child's status as a juvenile petty offender, is guilty of 
154.5   a gross misdemeanor.  
154.6      (b) This section does not apply to licensed social service 
154.7   agencies and outreach workers who, while acting within the scope 
154.8   of their professional duties, provide services to runaway 
154.9   children. 
154.10     Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
154.11  section may be filed by the county attorney having jurisdiction 
154.12  where the child is found, resides, or where the alleged act of 
154.13  contributing occurred.  The complaint may be filed in either the 
154.14  juvenile or criminal divisions of the district court.  A prior 
154.15  or pending petition alleging that the child is delinquent, a 
154.16  juvenile petty offender, or in need of protection or services is 
154.17  not a prerequisite to a complaint or a conviction under this 
154.18  section.  
154.19     Subd. 3.  [AFFIRMATIVE DEFENSE.] If the child is alleged to 
154.20  be delinquent or a juvenile petty offender, or if the child's 
154.21  conduct is the basis for the child's need for protection or 
154.22  services, it is an affirmative defense to a prosecution under 
154.23  subdivision 1 if the defendant proves, by a preponderance of the 
154.24  evidence, that the defendant took reasonable steps to control 
154.25  the child's conduct.  
154.26     Sec. 13.  Laws 1997, chapter 239, article 1, section 12, 
154.27  subdivision 3, is amended to read: 
154.28  Subd. 3.  Juvenile Services
154.29      17,070,000     17,790,000 
154.30  $500,000 each year is to plan for and 
154.31  establish a weekend camp program at 
154.32  Camp Ripley designed for first- or 
154.33  second-time male juvenile offenders and 
154.34  youth at risk.  All youth shall be ages 
154.35  11 to 14.  The commissioner shall 
154.36  develop eligibility standards for the 
154.37  program.  The camp shall be a highly 
154.38  structured program and teach work 
154.39  skills, such as responsibility, 
154.40  organization, time management, and 
154.41  follow-through.  The juvenile offenders 
154.42  juveniles will each develop a community 
155.1   service plan that will be implemented 
155.2   upon return to the community.  The 
155.3   program shall receive referrals from 
155.4   youth service agencies, police, school 
155.5   officials, parents, and the courts.  By 
155.6   January 15, 1998, the commissioner 
155.7   shall report to the chairs of the house 
155.8   and senate criminal justice funding 
155.9   divisions a proposed budget for this 
155.10  camp program for the second year of the 
155.11  fiscal biennium and shall include a 
155.12  description of the proposed outcomes 
155.13  for the program. 
155.14  $100,000 the first year is to conduct 
155.15  planning for and evaluation of 
155.16  additional camp programs and aftercare 
155.17  services for juvenile offenders, 
155.18  including, but not limited to, the 
155.19  Vision Quest program and a three-week 
155.20  work camp. 
155.21  $500,000 the first year is to renovate 
155.22  two cottages at the Minnesota 
155.23  correctional facility-Red Wing.  
155.24  $1,021,000 the second year is to 
155.25  transfer the sex offender program from 
155.26  the Minnesota correctional 
155.27  facility-Sauk Centre and operate it at 
155.28  the Minnesota correctional facility-Red 
155.29  Wing. 
155.30  $333,000 the second year is for housing 
155.31  and programming for female juvenile 
155.32  offenders committed to the commissioner 
155.33  of corrections. 
155.34  $130,000 the first year and $130,000 
155.35  the second year are to improve 
155.36  aftercare services for juveniles 
155.37  released from correctional facilities 
155.38  by adding two professional and one 
155.39  clerical positions. 
155.40  The commissioner shall design the 
155.41  juvenile support network to provide 
155.42  aftercare services for these 
155.43  offenders.  The network must coordinate 
155.44  support services in the community for 
155.45  returning juveniles.  Counties, 
155.46  communities, and schools must develop 
155.47  and implement the network.  The 
155.48  commissioner shall require aftercare 
155.49  programs to be incorporated into 
155.50  Community Corrections Act plans. 
155.51     Sec. 14.  [260.162] [REPORT ON JUVENILE DELINQUENCY 
155.52  PETITIONS.] 
155.53     The state court administrator shall annually prepare and 
155.54  present to the chairs and ranking minority members of the house 
155.55  judiciary committee and the senate crime prevention committee 
155.56  aggregate data by judicial district on juvenile delinquency 
155.57  petitions.  The report must include, but need not be limited to, 
156.1   information on the act for which a delinquency petition is 
156.2   filed, the age of the juvenile, the county where the petition 
156.3   was filed, the outcome of the petition, such as dismissal, 
156.4   continuance for dismissal, continuance without adjudication, and 
156.5   the disposition of the petition such as diversion, detention, 
156.6   probation, restitution, or fine.  The report must be prepared on 
156.7   a calendar year basis and be submitted annually beginning July 
156.8   1, 1999. 
156.9      Sec. 15.  [LICENSING MORATORIUM; JUVENILE FACILITIES.] 
156.10     Subdivision 1.  [MORATORIUM; COMMISSIONER OF CORRECTIONS.] 
156.11  Except as provided in subdivision 4, the commissioner of 
156.12  corrections may not: 
156.13     (1) issue any license under Minnesota Statutes, section 
156.14  241.021, to operate a new correctional facility for the 
156.15  detention or confinement of juvenile offenders that will include 
156.16  more than 25 beds for juveniles; or 
156.17     (2) renew a license under Minnesota Statutes, section 
156.18  241.021, to operate a correctional facility licensed before the 
156.19  effective date of this moratorium, for the detention or 
156.20  confinement of juvenile offenders, if the number of beds in the 
156.21  facility will increase by more than 25 beds since the time the 
156.22  most recent license was issued. 
156.23     Subd. 2.  [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] 
156.24  Except as provided in subdivision 4, the commissioner of human 
156.25  services may not: 
156.26     (1) issue any license under Minnesota Rules, parts 
156.27  9545.0905 to 9545.1125, for the residential placement of 
156.28  juveniles at a facility that will include more than 25 beds for 
156.29  juveniles; or 
156.30     (2) renew a license under Minnesota Rules, parts 9545.0905 
156.31  to 9545.1125, for the residential placement of juveniles at a 
156.32  facility licensed before the effective date of this moratorium, 
156.33  if the number of beds in the facility will increase by more than 
156.34  25 beds since the time the most recent license was issued. 
156.35     Subd. 3.  [MORATORIUM; OTHER BEDS.] Except as provided in 
156.36  subdivision 4, no state agency may: 
157.1      (1) issue a license for any new facility that will provide 
157.2   an out-of-home placement for more than 25 juveniles at one time; 
157.3   or 
157.4      (2) renew a license for any existing facility licensed 
157.5   before the effective date of this moratorium, if the number of 
157.6   beds in the facility will increase by more than 25 beds since 
157.7   the time the most recent license was issued.  
157.8      For the purposes of this subdivision, "juvenile" means a 
157.9   delinquent child, as defined in Minnesota Statutes, section 
157.10  260.015, subdivision 5; a juvenile petty offender, as defined in 
157.11  Minnesota Statutes, section 260.015, subdivision 21; or a child 
157.12  in need of protection or services, as defined in Minnesota 
157.13  Statutes, section 260.015, subdivision 2a. 
157.14     Subd. 4.  [EXEMPTIONS.] The moratorium in this section does 
157.15  not apply to: 
157.16     (1) any secure juvenile detention and treatment facility, 
157.17  which is funded in part through a grant under Laws 1994, chapter 
157.18  643, section 79; 
157.19     (2) the department of corrections facilities at Red Wing 
157.20  and Sauk Centre; 
157.21     (3) the proposed department of corrections facility at Camp 
157.22  Ripley; 
157.23     (4) any facility that submitted a formal request for 
157.24  licensure under Minnesota Statutes, section 241.021, before 
157.25  December 31, 1997; 
157.26     (5) any residential academy receiving state funding for 
157.27  fiscal year 1998 or 1999 for capital improvements; 
157.28     (6) a license that replaces an existing license issued by 
157.29  the commissioner of health to a psychiatric hospital in Rice 
157.30  county that primarily serves children and adolescents, which new 
157.31  license replaces one-for-one the number of beds previously 
157.32  licensed by the commissioner of health; and 
157.33     (7) the department of human services juvenile treatment 
157.34  programs located at Brainerd regional human services center and 
157.35  Willmar regional treatment center, which receive court-ordered 
157.36  admissions. 
158.1      Subd. 5.  [MORATORIUM; LENGTH.] The moratorium in this 
158.2   section stays in effect until June 30, 1999. 
158.3      Sec. 16.  [JUVENILE PLACEMENT STUDY.] 
158.4      The legislative audit commission is requested to direct the 
158.5   legislative auditor to conduct a study of juvenile out-of-home 
158.6   placements.  The study must include: 
158.7      (1) an evaluation of existing placements for juveniles, 
158.8   including, but not limited to, the number of beds at each 
158.9   facility, the average number of beds occupied each day at each 
158.10  facility, and the location of each facility, and an analysis of 
158.11  the projected need for an increased number of beds for juvenile 
158.12  out-of-home placements, including the geographic area where beds 
158.13  will be needed; 
158.14     (2) an evaluation of existing services and programming 
158.15  provided in juvenile out-of-home placements and an assessment of 
158.16  the types of services and programming that are needed in 
158.17  juvenile out-of-home placements, by geographic area; 
158.18     (3) an evaluation of the utilization of continuum of care; 
158.19     (4) an assessment of the reasons why juveniles are placed 
158.20  outside their homes; 
158.21     (5) a summary of the demographics of juveniles placed 
158.22  outside their homes, by county, including information on race, 
158.23  gender, age, and other relevant factors; 
158.24     (6) a summary of the geographic distance between the 
158.25  juvenile's home and the location of the out-of-home placement, 
158.26  including observations for the reasons a juvenile was placed at 
158.27  a particular location; 
158.28     (7) a determination of the average length of time that a 
158.29  juvenile in Minnesota spends in an out-of-home placement and a 
158.30  determination of the average length of time that a juvenile 
158.31  spends in each type of out-of-home placement, including, but not 
158.32  limited to, residential treatment centers, correctional 
158.33  facilities, and group homes; 
158.34     (8) a determination of the completion rates of juveniles 
158.35  participating in programming in out-of-home placements and an 
158.36  analysis of the reasons for noncompletion of programming; 
159.1      (9) a determination of the percentage of juveniles whose 
159.2   out-of-home placement ends due to the juvenile's failure to meet 
159.3   the rules and conditions of the out-of-home placement and an 
159.4   analysis of the reasons the juvenile failed; 
159.5      (10) an analysis of the effectiveness of the juvenile 
159.6   out-of-home placement, including information on recidivism, 
159.7   where applicable, and the child's performance after returning to 
159.8   the child's home; 
159.9      (11) an estimate of the cost each county spends on juvenile 
159.10  out-of-home placements; 
159.11     (12) a description and examination of the per diem 
159.12  components per offender at state, local, and private facilities 
159.13  providing placements for juveniles; and 
159.14     (13) any other issues that may affect juvenile out-of-home 
159.15  placements. 
159.16     If the commission directs the auditor to conduct this 
159.17  study, the auditor shall report its findings to the chairs and 
159.18  ranking minority members of the house and senate committees and 
159.19  divisions with jurisdiction over criminal justice policy and 
159.20  funding by January 15, 1999. 
159.21     Sec. 17.  [REPEALER.] 
159.22     Minnesota Statutes 1996, section 260.261, is repealed. 
159.23     Sec. 18.  [EFFECTIVE DATE.] 
159.24     Sections 1 and 3 are effective July 1, 1998.  Sections 2, 
159.25  9, 10, 13, 15, and 16 are effective the day following final 
159.26  enactment.  Sections 4 to 8, 11, 12, 14, and 17 are effective 
159.27  August 1, 1998, and apply to acts occurring on or after that 
159.28  date. 
159.29                             ARTICLE 11
159.30                          OTHER PROVISIONS
159.31     Section 1.  Minnesota Statutes 1996, section 12.09, is 
159.32  amended by adding a subdivision to read: 
159.33     Subd. 9.  [VOLUNTEER RESOURCES COORDINATION.] The division 
159.34  shall provide ongoing coordination of a network of state, local, 
159.35  and federal government agencies and private organizations to 
159.36  ensure the smooth coordination of donations and volunteerism 
160.1   during major disasters.  Duties include:  
160.2      (1) hotline management, including training, staffing, 
160.3   information distribution, and coordination with emergency 
160.4   operations management; 
160.5      (2) coordination between government and private relief 
160.6   agencies; 
160.7      (3) networking with volunteer organizations; 
160.8      (4) locating resources for anticipated disaster needs and 
160.9   making these resources available to local governments in a 
160.10  database; 
160.11     (5) training in disaster preparation; 
160.12     (6) revising existing plans based on experience with 
160.13  disasters and testing the plans with simulated disasters; and 
160.14     (7) maintaining public information about disaster donations 
160.15  and volunteerism. 
160.16     Sec. 2.  Minnesota Statutes 1996, section 13.99, is amended 
160.17  by adding a subdivision to read: 
160.18     Subd. 90c.  [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 
160.19  arson investigative data system are classified in section 
160.20  299F.04, subdivision 3a.  
160.21     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
160.22  168.042, subdivision 11a, is amended to read: 
160.23     Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
160.24  PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
160.25  vehicles reinstates a person's registration plates after 
160.26  impoundment for reasons other than those described in 
160.27  subdivision 11, the registrar shall charge the person $25 $50 
160.28  for each vehicle for which the registration plates are being 
160.29  reinstated.  Money raised under this subdivision must be paid 
160.30  into the state treasury and credited to the highway user tax 
160.31  distribution fund. 
160.32     Sec. 4.  Minnesota Statutes 1996, section 168.042, 
160.33  subdivision 12, is amended to read: 
160.34     Subd. 12.  [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 
160.35  violator or registered owner may apply to the commissioner for 
160.36  new registration plates, which must bear a special series of 
161.1   numbers or letters so as to be readily identified by traffic law 
161.2   enforcement officers.  The commissioner may authorize the 
161.3   issuance of special plates if: 
161.4      (1) the violator has a qualified licensed driver whom the 
161.5   violator must identify; 
161.6      (2) the violator or registered owner has a limited license 
161.7   issued under section 171.30; 
161.8      (3) the registered owner is not the violator and the 
161.9   registered owner has a valid or limited driver's license; or 
161.10     (4) a member of the registered owner's household has a 
161.11  valid driver's license. 
161.12  The commissioner may issue the special plates on payment of a 
161.13  $25 $50 fee for each vehicle for which special plates are 
161.14  requested. 
161.15     Sec. 5.  Minnesota Statutes 1996, section 168.042, 
161.16  subdivision 15, is amended to read: 
161.17     Subd. 15.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
161.18  collected from the sale or reinstatement of license plates under 
161.19  this section must be paid into the state treasury and 
161.20  credited one-half to the highway user tax distribution fund and 
161.21  one-half to the general fund. 
161.22     Sec. 6.  [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 
161.23  PROGRAM.] 
161.24     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
161.25  following terms have the meanings given. 
161.26     (a) "Breath analyzer unit" means a device that performs 
161.27  breath alcohol testing and is connected to a remote electronic 
161.28  alcohol monitoring system. 
161.29     (b) "Remote electronic alcohol monitoring system" means a 
161.30  system that electronically monitors the alcohol concentration of 
161.31  individuals in their homes or other locations to ensure 
161.32  compliance with conditions of pretrial release, supervised 
161.33  release, or probation. 
161.34     Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
161.35  conference of chief judges, the state court administrator, and 
161.36  the commissioner of public safety, the commissioner of 
162.1   corrections shall establish a program to use breath analyzer 
162.2   units to monitor DWI offenders who are ordered to abstain from 
162.3   alcohol use as a condition of pretrial release, supervised 
162.4   release, or probation.  The program must include procedures to 
162.5   ensure that violators of this condition of release receive swift 
162.6   consequences for the violation. 
162.7      Subd. 3.  [COSTS OF PROGRAM.] Offenders who are ordered to 
162.8   participate in the program shall also be ordered to pay the per 
162.9   diem cost of the monitoring unless the offender is indigent.  
162.10  The commissioner of corrections shall reimburse the judicial 
162.11  districts in a manner proportional to their use of remote 
162.12  electronic alcohol monitoring for any costs the districts incur 
162.13  in participating in the program.  
162.14     Subd. 4.  [REPORT REQUIRED.] After five years, the 
162.15  commissioner of corrections shall evaluate the effectiveness of 
162.16  the program and report the results of this evaluation to the 
162.17  conference of chief judges, the state court administrator, the 
162.18  commissioner of public safety, and the chairs and ranking 
162.19  minority members of the house and senate committees and 
162.20  divisions having jurisdiction over criminal justice policy and 
162.21  funding. 
162.22     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
162.23  171.29, subdivision 2, is amended to read: 
162.24     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
162.25  license has been revoked as provided in subdivision 1, except 
162.26  under section 169.121 or 169.123, shall pay a $30 fee before the 
162.27  driver's license is reinstated. 
162.28     (b) A person whose driver's license has been revoked as 
162.29  provided in subdivision 1 under section 169.121 or 169.123 shall 
162.30  pay a $250 fee plus a $10 $40 surcharge before the driver's 
162.31  license is reinstated.  The $250 fee is to be credited as 
162.32  follows: 
162.33     (1) Twenty percent shall be credited to the trunk highway 
162.34  fund. 
162.35     (2) Fifty-five percent shall be credited to the general 
162.36  fund. 
163.1      (3) Eight percent shall be credited to a separate account 
163.2   to be known as the bureau of criminal apprehension account.  
163.3   Money in this account may be appropriated to the commissioner of 
163.4   public safety and the appropriated amount shall be apportioned 
163.5   80 percent for laboratory costs and 20 percent for carrying out 
163.6   the provisions of section 299C.065. 
163.7      (4) Twelve percent shall be credited to a separate account 
163.8   to be known as the alcohol-impaired driver education account.  
163.9   Money in the account is appropriated as follows: 
163.10     (i) The first $200,000 in a fiscal year is to the 
163.11  commissioner of children, families, and learning for programs in 
163.12  elementary and secondary schools. 
163.13     (ii) The remainder credited in a fiscal year is 
163.14  appropriated to the commissioner of transportation to be spent 
163.15  as grants to the Minnesota highway safety center at St. Cloud 
163.16  State University for programs relating to alcohol and highway 
163.17  safety education in elementary and secondary schools. 
163.18     (5) Five percent shall be credited to a separate account to 
163.19  be known as the traumatic brain injury and spinal cord injury 
163.20  account.  $100,000 is annually appropriated from the account to 
163.21  the commissioner of human services for traumatic brain injury 
163.22  case management services.  The remaining money in the account is 
163.23  annually appropriated to the commissioner of health to establish 
163.24  and maintain the traumatic brain injury and spinal cord injury 
163.25  registry created in section 144.662 and to reimburse the 
163.26  commissioner of economic security for the reasonable cost of 
163.27  services provided under section 268A.03, clause (o). 
163.28     (c) The $10 $40 surcharge shall be credited to a separate 
163.29  account to be known as the remote electronic alcohol monitoring 
163.30  pilot program account.  The commissioner shall transfer the 
163.31  balance of this account to the commissioner of finance on a 
163.32  monthly basis for deposit in the general fund. 
163.33     Sec. 8.  Minnesota Statutes 1996, section 299A.61, is 
163.34  amended by adding a subdivision to read: 
163.35     Subd. 3.  [CHARGES FOR SERVICES AUTHORIZED.] The 
163.36  commissioner of public safety may charge a fee to members of the 
164.1   network for the services that the network provides.  Money 
164.2   collected from these fees is appropriated to the commissioner of 
164.3   public safety and must be used for network expenses.  
164.4      Sec. 9.  Minnesota Statutes 1996, section 299F.04, is 
164.5   amended by adding a subdivision to read: 
164.6      Subd. 3a.  [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 
164.7   in this section, "criminal justice agency" means state and local 
164.8   prosecution authorities, state and local law enforcement 
164.9   agencies, local fire departments, and the office of state fire 
164.10  marshal. 
164.11     (b) The state fire marshal shall administer and maintain a 
164.12  computerized arson investigative data system for the purpose of 
164.13  assisting criminal justice agencies in the investigation and 
164.14  prosecution of suspected arson violations.  This data system is 
164.15  separate from the reporting system maintained by the department 
164.16  of public safety under section 299F.05, subdivision 2.  The 
164.17  system consists of data on individuals who are 14 years old or 
164.18  older who law enforcement agencies determine are or may be 
164.19  engaged in arson activity.  Notwithstanding section 260.161, 
164.20  subdivision 3, data in the system on adults and juveniles may be 
164.21  maintained together.  Data in the system must be submitted and 
164.22  maintained as provided in this subdivision. 
164.23     (c) Subject to the provisions of paragraph (d), a criminal 
164.24  justice agency may submit the following data on suspected arson 
164.25  violations to the arson investigative data system: 
164.26     (1) the suspect's name, known aliases, if any, and other 
164.27  identifying characteristics; 
164.28     (2) the modus operandi used to commit the violation, 
164.29  including means of ignition; 
164.30     (3) any known motive for the violation; 
164.31     (4) any other crimes committed as part of the same 
164.32  behavioral incident; 
164.33     (5) the address of the building, the building owner's 
164.34  identity, and the building occupant's identity; and 
164.35     (6) the name of the reporting agency and a contact person. 
164.36  A criminal justice agency that reports data to the arson 
165.1   investigative data system shall maintain records documenting the 
165.2   data in its own records system for at least the time period 
165.3   specified in paragraph (e). 
165.4      (d) The state fire marshal shall maintain in the arson 
165.5   investigative data system any of the data reported under 
165.6   paragraph (c) that the fire marshal believes will assist in the 
165.7   investigation and prosecution of arson cases.  In lieu of or in 
165.8   connection with any of these data, the state fire marshal may 
165.9   include in the data system a reference to the criminal justice 
165.10  agency that originally reported the data, with a notation to 
165.11  system users that the agency is the repository of more detailed 
165.12  information on the particular suspected arson violation. 
165.13     (e) Notwithstanding section 138.17, the state fire marshal 
165.14  shall destroy data on juveniles entered into the system when 
165.15  three years have elapsed since the data were entered into the 
165.16  system, except as otherwise provided in this paragraph.  If the 
165.17  fire marshal has information that, since entry of data into the 
165.18  system, the juvenile has been convicted as an adult or has been 
165.19  adjudicated or has a stayed adjudication as a juvenile for an 
165.20  offense that would be a crime if committed by an adult, the data 
165.21  must be maintained until three years have elapsed since the last 
165.22  record of a conviction, adjudication, or stayed adjudication of 
165.23  the individual.  Upon request of the criminal justice agency 
165.24  that submitted data to the system, the state fire marshal shall 
165.25  destroy the data regardless of whether three years have elapsed 
165.26  since the data were entered into the system. 
165.27     (f) Data in the arson investigative data system are 
165.28  confidential data on individuals as defined in section 13.02, 
165.29  subdivision 3, but are accessible to criminal justice agencies. 
165.30     Sec. 10.  Minnesota Statutes 1996, section 299M.01, 
165.31  subdivision 7, is amended to read: 
165.32     Subd. 7.  [FIRE PROTECTION SYSTEM.] "Fire protection 
165.33  system" means a sprinkler, standpipe, hose system, or other 
165.34  special hazard system for fire protection purposes only, that is 
165.35  composed of an integrated system of underground and overhead 
165.36  piping connected to a potable water source.  "Fire protection 
166.1   system" does not include the water service piping to a city 
166.2   water main, or piping used for potable water purposes, or piping 
166.3   used for heating or cooling purposes.  Openings from potable 
166.4   water piping for fire protection systems must be made by persons 
166.5   properly licensed under section 326.40.  Persons properly 
166.6   licensed under section 326.40 may also sell, design, install, 
166.7   modify or inspect a standpipe, hose system only. 
166.8      Sec. 11.  Minnesota Statutes 1996, section 299M.02, is 
166.9   amended to read: 
166.10     299M.02 [ADVISORY COUNCIL.] 
166.11     Subdivision 1.  [COMPENSATION; REMOVAL; EXPIRATION 
166.12  CREATION.] The Minnesota commissioner shall establish a fire 
166.13  protection advisory council on fire protection systems and its 
166.14  members are governed by section 15.059, except that the terms of 
166.15  members are governed by subdivision 2. 
166.16     Subd. 2.  [MEMBERSHIP.] The council consists of the 
166.17  commissioner of public safety, or the commissioner's designee, 
166.18  the commissioner of labor and industry or the commissioner's 
166.19  designee, and eight members appointed for a term of three years 
166.20  by the governor commissioner.  Two members must be licensed fire 
166.21  protection contractors or full-time, managing employees actively 
166.22  engaged in a licensed fire protection contractor business.  Two 
166.23  members must be journeyman sprinkler fitters certified as 
166.24  competent under this chapter.  One member of the council must be 
166.25  an active member of the Minnesota State Fire Chiefs 
166.26  Association.  One member must be an active member of the Fire 
166.27  Marshals Association of Minnesota.  One member must be a 
166.28  building official certified by the department of administration, 
166.29  who is professionally competent in fire protection system 
166.30  inspection.  One member must be a member of the general public.  
166.31  The commissioners commissioner or their designees are designee 
166.32  is a nonvoting members member. 
166.33     Subd. 3.  [DUTIES.] The council shall advise the 
166.34  commissioners commissioner of public safety and labor and 
166.35  industry on matters within the council's expertise or under the 
166.36  regulation of the commissioners commissioner.  
167.1      Sec. 12.  Minnesota Statutes 1996, section 299M.03, 
167.2   subdivision 1, is amended to read: 
167.3      Subdivision 1.  [CONTRACTOR LICENSE.] Except for 
167.4   residential installations by the owner of an occupied one- or 
167.5   two-family dwelling, a person may not sell, design, install, 
167.6   modify, or inspect a fire protection system, its parts, or 
167.7   related equipment, or offer to do so, unless annually licensed 
167.8   to perform these duties as a fire protection contractor.  No 
167.9   license is required under this section for a person licensed as 
167.10  a professional engineer under section 326.03 who is competent in 
167.11  fire protection system design or a person licensed as an alarm 
167.12  and communication contractor under section 326.2421 for 
167.13  performing activities authorized by that license. 
167.14     Sec. 13.  Minnesota Statutes 1996, section 299M.03, 
167.15  subdivision 2, is amended to read: 
167.16     Subd. 2.  [JOURNEYMAN CERTIFICATE.] Except for residential 
167.17  installations by the owner of an occupied one- or two-family 
167.18  dwelling, a person may not install, connect, alter, repair, or 
167.19  add to a fire protection system, under the supervision of a fire 
167.20  protection contractor, unless annually certified to perform 
167.21  those duties as a journeyman sprinkler fitter or as a registered 
167.22  apprentice sprinkler fitter.  This subdivision does not apply to 
167.23  a person altering or repairing a fire protection system if the 
167.24  system uses low pressure water and the system is located in a 
167.25  facility regulated under the federal Mine Occupational Safety 
167.26  and Health Act. 
167.27     Sec. 14.  Minnesota Statutes 1996, section 299M.04, is 
167.28  amended to read: 
167.29     299M.04 [RULES; SETTING FEES; ORDERS; PENALTIES.] 
167.30     The commissioner shall adopt permanent rules for operation 
167.31  of the council; regulation by municipalities; permit, filing, 
167.32  inspection, certificate, and license fees; qualifications, 
167.33  examination, and licensing of fire protection contractors; 
167.34  certification of journeyman sprinkler fitters; registration of 
167.35  apprentices; and the administration and enforcement of this 
167.36  chapter.  Fees must be set under section 16A.1285.  Permit fees 
168.1   must be a percentage of the total cost of the fire protection 
168.2   work. 
168.3      The commissioner may issue a cease and desist order to 
168.4   cease an activity considered an immediate risk to public health 
168.5   or public safety.  The commissioner shall adopt permanent rules 
168.6   governing when an order may be issued; how long the order is 
168.7   effective; notice requirements; and other procedures and 
168.8   requirements necessary to implement, administer, and enforce the 
168.9   provisions of this chapter.  
168.10     The commissioner, in place of or in addition to licensing 
168.11  sanctions allowed under this chapter, may impose a civil penalty 
168.12  not greater than $1,000 for each violation of this chapter or 
168.13  rule adopted under this chapter, for each day of violation.  The 
168.14  commissioner shall adopt permanent rules governing and 
168.15  establishing procedures for implementation, administration, and 
168.16  enforcement of this paragraph.  
168.17     Sec. 15.  Minnesota Statutes 1996, section 299M.08, is 
168.18  amended to read: 
168.19     299M.08 [PENALTY.] 
168.20     It is a misdemeanor for any person to intentionally commit 
168.21  or direct another person to commit either of the following acts: 
168.22     (1) to make a false statement in a license application, 
168.23  request for inspection, certificate, or other form or statement 
168.24  authorized or required under this chapter; or 
168.25     (2) to perform fire protection system work without a proper 
168.26  permit, when required, and or without a license or certificate 
168.27  for that work. 
168.28     Sec. 16.  Minnesota Statutes 1996, section 299M.12, is 
168.29  amended to read: 
168.30     299M.12 [CONFLICTS OF LAWS.] 
168.31     This chapter is not intended to conflict with and does not 
168.32  supersede the Minnesota state building code, or the Minnesota 
168.33  uniform fire code, or other state law. 
168.34     Sec. 17.  Minnesota Statutes 1997 Supplement, section 
168.35  504.181, subdivision 1, is amended to read: 
168.36     Subdivision 1.  [TERMS OF COVENANT.] In every lease or 
169.1   license of residential premises, whether in writing or parol, 
169.2   the lessor or licensor and the lessee or licensee covenant that: 
169.3      (1) neither will: 
169.4      (i) unlawfully allow controlled substances in those 
169.5   premises or in the common area and curtilage of the premises; 
169.6      (ii) allow prostitution or prostitution-related activity as 
169.7   defined in section 617.80, subdivision 4, to occur on the 
169.8   premises or in the common area and curtilage of the premises; or 
169.9      (iii) allow the unlawful use or possession of a firearm in 
169.10  violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
169.11  on the premises or in the common area and curtilage of the 
169.12  premises; or 
169.13     (iv) allow stolen property or property obtained by robbery 
169.14  in those premises or in the common area and curtilage of the 
169.15  premises; and 
169.16     (2) the common area and curtilage of the premises will not 
169.17  be used by either the lessor or licensor or the lessee or 
169.18  licensee or others acting under the control of either to 
169.19  manufacture, sell, give away, barter, deliver, exchange, 
169.20  distribute, purchase, or possess a controlled substance in 
169.21  violation of any criminal provision of chapter 152. 
169.22     The covenant is not violated when a person other than the 
169.23  lessor or licensor or the lessee or licensee possesses or allows 
169.24  controlled substances in the premises, common area, or 
169.25  curtilage, unless the lessor or licensor or the lessee or 
169.26  licensee knew or had reason to know of that activity. 
169.27     Sec. 18.  [604.12] [RESTRICTIONS ON DENYING ACCESS TO 
169.28  PLACES OF PUBLIC ACCOMMODATION; CIVIL ACTIONS.] 
169.29     Subdivision 1.  [DEFINITIONS.] As used in this section: 
169.30     (1) "place of public accommodation" has the meaning given 
169.31  in section 363.01, subdivision 33, but excludes recreational 
169.32  trails; 
169.33     (2) "criminal gang" has the meaning given in section 
169.34  609.229, subdivision 1; and 
169.35     (3) "obscene" has the meaning given in section 617.241, 
169.36  subdivision 1. 
170.1      Subd. 2.  [PROHIBITION.] (a) A place of public 
170.2   accommodation may not restrict access, admission, or usage to a 
170.3   person solely because the person operates a motorcycle or is 
170.4   wearing clothing that displays the name of an organization or 
170.5   association. 
170.6      (b) This subdivision does not prohibit the restriction of 
170.7   access, admission, or usage to a person because: 
170.8      (1) the person's conduct poses a risk to the health or 
170.9   safety of another or to the property of another; or 
170.10     (2) the clothing worn by the person is obscene or includes 
170.11  the name or symbol of a criminal gang. 
170.12     Subd. 3.  [CIVIL CAUSE OF ACTION.] A person injured by a 
170.13  violation of subdivision 2 may bring an action for actual 
170.14  damages, punitive damages under sections 549.191 and 549.20 in 
170.15  an amount not to exceed $500, injunctive relief, and reasonable 
170.16  attorney fees in an amount not to exceed $500. 
170.17     Subd. 4.  [VIOLATION NOT A CRIME.] Notwithstanding section 
170.18  645.241, a violation of subdivision 2 is not a crime. 
170.19     Sec. 19.  Minnesota Statutes 1996, section 609A.03, 
170.20  subdivision 2, is amended to read: 
170.21     Subd. 2.  [CONTENTS OF PETITION.] A petition for 
170.22  expungement shall be signed under oath by the petitioner and 
170.23  shall state the following: 
170.24     (1) the petitioner's full name and all other legal names or 
170.25  aliases by which the petitioner has been known at any time; 
170.26     (2) the petitioner's date of birth; 
170.27     (3) all of the petitioner's addresses from the date of the 
170.28  offense or alleged offense in connection with which an 
170.29  expungement order is sought, to the date of the petition; 
170.30     (4) why expungement is sought, if it is for employment or 
170.31  licensure purposes, the statutory or other legal authority under 
170.32  which it is sought, and why it should be granted; 
170.33     (5) the details of the offense or arrest for which 
170.34  expungement is sought, including date and jurisdiction of the 
170.35  occurrence, court file number, and date of conviction or of 
170.36  dismissal; 
171.1      (6) in the case of a conviction, what steps the petitioner 
171.2   has taken since the time of the offense toward personal 
171.3   rehabilitation, including treatment, work, or other personal 
171.4   history that demonstrates rehabilitation; 
171.5      (7) petitioner's criminal conviction record indicating all 
171.6   convictions for misdemeanors, gross misdemeanors, or felonies in 
171.7   this state, and for all comparable convictions in any other 
171.8   state, federal court, or foreign country, whether the 
171.9   convictions occurred before or after the arrest or conviction 
171.10  for which expungement is sought; and 
171.11     (8) petitioner's criminal charges record indicating all 
171.12  prior and pending criminal charges against the petitioner in 
171.13  this state or another jurisdiction, including all criminal 
171.14  charges that have been continued for dismissal or stayed for 
171.15  adjudication, or have been the subject of pretrial diversion; 
171.16  and 
171.17     (9) all prior requests by the petitioner, whether for the 
171.18  present offense or for any other offenses, in this state or any 
171.19  other state or federal court, for pardon, return of arrest 
171.20  records, or expungement or sealing of a criminal record, whether 
171.21  granted or not, and all stays of adjudication or imposition of 
171.22  sentence involving the petitioner. 
171.23     Sec. 20.  [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE 
171.24  OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 
171.25     Subdivision 1.  [DEFINITIONS.] As used in this section: 
171.26     (1) "just compensation" means the compensation owed to an 
171.27  innocent third party under the state constitution by a Minnesota 
171.28  local government unit due to property damage caused by a peace 
171.29  officer in the course of executing a search warrant or 
171.30  apprehending a criminal suspect; and 
171.31     (2) "peace officer" has the meaning given in section 626.84.
171.32     Subd. 2.  [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 
171.33  WARRANT.] If just compensation is owed for damage caused in the 
171.34  execution of a search warrant or the apprehension of a criminal 
171.35  suspect, the Minnesota local government unit employing the peace 
171.36  officer who sought issuance of the warrant or initiated the 
172.1   apprehension is responsible for paying the compensation.  Except 
172.2   as otherwise provided in this subdivision, if the search warrant 
172.3   is executed or the apprehension is accomplished by a peace 
172.4   officer from another Minnesota local government unit in aid of 
172.5   the officer originating the warrant or initiating the 
172.6   apprehension, the responsibility for paying just compensation 
172.7   remains with the Minnesota local government unit employing the 
172.8   officer who originated the warrant or initiated the 
172.9   apprehension.  In the event the property damage is caused by the 
172.10  negligence of a peace officer, the Minnesota local government 
172.11  unit employing that peace officer is responsible for paying just 
172.12  compensation. 
172.13     Sec. 21.  [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND 
172.14  OF LAKE SUPERIOR CHIPPEWA.] 
172.15     Subdivision 1.  [DEFINITION.] As used in this section, 
172.16  "band" means the Fond du Lac Band of Lake Superior Chippewa, a 
172.17  federally recognized Indian tribe organized pursuant to the 
172.18  Indian Reorganization Act of 1934, 25 United States Code, 
172.19  section 476, and which occupies the Fond du Lac reservation 
172.20  pursuant to the Treaty of LaPointe, 10 Stat. 1109. 
172.21     Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The band has the 
172.22  powers of a law enforcement agency, as defined in section 
172.23  626.84, subdivision 1, paragraph (h), if all of the requirements 
172.24  of clauses (1) to (4) and paragraph (b) are met: 
172.25     (1) the band agrees to be subject to liability for its 
172.26  torts and those of its officers, employees, and agents acting 
172.27  within the scope of their employment or duties arising out of 
172.28  the law enforcement agency powers conferred by this section to 
172.29  the same extent as a municipality under chapter 466, and the 
172.30  band further agrees, notwithstanding section 16B.06, subdivision 
172.31  6, to waive its sovereign immunity for purposes of claims 
172.32  arising out of this liability; 
172.33     (2) the band files with the board of peace officer 
172.34  standards and training a bond or certificate of insurance for 
172.35  liability coverage for the maximum amounts set forth in section 
172.36  466.04 or establishes that liability coverage exists under the 
173.1   Federal Torts Claims Act, 28 United States Code, section 
173.2   1346(b), et. al., as extended to the band pursuant to the Indian 
173.3   Self-Determination and Education Assistance Act of 1975, 25 
173.4   United States Code, section 450f(c); 
173.5      (3) the band files with the board of peace officer 
173.6   standards and training a certificate of insurance for liability 
173.7   of its law enforcement officers, employees, and agents for 
173.8   lawsuits under the United States Constitution or establishes 
173.9   that liability coverage exists under the Federal Torts Claims 
173.10  Act, 28 United States Code, section 1346(b) et al., as extended 
173.11  to the band pursuant to the Indian Self-Determination and 
173.12  Education Assistance Act of 1975, 25 United States Code, section 
173.13  450F(c); and 
173.14     (4) the band agrees to be subject to section 13.82 and any 
173.15  other laws of the state relating to data practices of law 
173.16  enforcement agencies. 
173.17     (b) By July 1, 1998, the band shall enter into written 
173.18  mutual aid or cooperative agreements with the Carlton county 
173.19  sheriff, the St. Louis county sheriff, and the city of Cloquet 
173.20  under section 471.59 to define and regulate the provision of law 
173.21  enforcement services under this section.  The agreements must 
173.22  define the following: 
173.23     (1) the trust property involved in the joint powers 
173.24  agreement; 
173.25     (2) the responsibilities of the county sheriffs; 
173.26     (3) the responsibilities of the county attorneys; and 
173.27     (4) the responsibilities of the city of Cloquet city 
173.28  attorney and police department. 
173.29     Subd. 3.  [CONCURRENT JURISDICTION.] The band shall have 
173.30  concurrent jurisdictional authority under this section with the 
173.31  Carlton county and St. Louis county sheriffs' departments over 
173.32  crimes committed within the boundaries of the Fond du Lac 
173.33  reservation as indicated by the mutual aid or cooperative 
173.34  agreements entered into under subdivision 2, paragraph (b), and 
173.35  any exhibits or attachments to those agreements. 
173.36     Subd. 4.  [PEACE OFFICERS.] If the band complies with the 
174.1   requirements set forth in subdivision 2, the band is authorized 
174.2   to appoint peace officers, as defined in section 626.84, 
174.3   subdivision 1, paragraph (c), who have the same powers as peace 
174.4   officers employed by local units of government. 
174.5      Subd. 5.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
174.6   shall be construed to restrict the band's authority under 
174.7   federal law. 
174.8      Subd. 6.  [CONSTRUCTION.] This section is limited to law 
174.9   enforcement authority only, and nothing in this section shall 
174.10  affect any other jurisdictional relationships or disputes 
174.11  involving the band.  
174.12     Sec. 22.  [AUTOMOBILE THEFT PREVENTION BOARD; REPORT 
174.13  REQUIRED.] 
174.14     By February 15, 1999, the automobile theft prevention board 
174.15  shall report to the chairs and ranking minority members of the 
174.16  house and senate committees and divisions having jurisdiction 
174.17  over criminal justice policy and funding on the board's 
174.18  activities since its inception.  The report must include 
174.19  detailed information on all facets of the automobile theft 
174.20  prevention program, including but not limited to, money 
174.21  distributed; educational programs conducted; automobile theft 
174.22  prevention plans, programs, and strategies developed or 
174.23  sponsored; and audits conducted pursuant to Minnesota Statutes, 
174.24  section 168A.40.  In addition, and if possible, the report must 
174.25  include information on automobile theft rates, how automobile 
174.26  thefts are treated in the criminal justice system, and the types 
174.27  of criminal sanctions generally imposed on offenders who are 
174.28  convicted of automobile theft.  The report must indicate any 
174.29  changes or trends related to automobile thefts occurring over 
174.30  the past two years.  
174.31     Sec. 23.  [FAIR HOUSING GRANTS.] 
174.32     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
174.33  section, the following terms have the meanings given: 
174.34     (1) "Eligible organization" means a nonprofit organization 
174.35  that has at least one year of experience in at least two of the 
174.36  following fair housing activities: 
175.1      (a) housing discrimination complaint intake and 
175.2   investigation; 
175.3      (b) testing for housing discrimination; 
175.4      (c) community auditing for housing discrimination; 
175.5      (d) public education about rights and obligations under 
175.6   fair housing laws; and 
175.7      (e) outreach programs to build public support for fair 
175.8   housing and to prevent housing discrimination; and 
175.9      (2) "Housing discrimination" means a violation of a federal 
175.10  or state law, or of a local ordinance, that prohibits housing 
175.11  discrimination, including, but not limited to, an unfair 
175.12  discriminatory practice under Minnesota Statutes, section 
175.13  363.03, subdivision 2 or 2a, and a discriminatory housing 
175.14  practice in violation of the federal Fair Housing Act, United 
175.15  States Code, title 42, section 3601, et seq. 
175.16     Subd. 2.  [GRANTS.] The commissioner of human rights may 
175.17  make grants to eligible organizations to: 
175.18     (1) provide public education concerning fair housing; 
175.19     (2) undertake outreach efforts to build community support 
175.20  for fair housing; 
175.21     (3) undertake testing and community auditing for housing 
175.22  discrimination; and 
175.23     (4) perform other fair housing and housing discrimination 
175.24  research. 
175.25     Testing for housing discrimination funded by grants made 
175.26  under this section may be conducted only by persons trained in 
175.27  testing techniques and may not be conducted by a person 
175.28  convicted of a felony or other crime involving fraud or 
175.29  dishonesty. 
175.30     Sec. 24.  [LICENSING STUDY.] 
175.31     The commissioner of public safety shall study the issue of 
175.32  licensing private fire investigators and report findings to the 
175.33  chairs and ranking minority members of the senate crime 
175.34  prevention and house judiciary committees by January 15, 1999. 
175.35     Sec. 25.  [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.] 
175.36     Subdivision 1.  [CONVEYANCE.] Notwithstanding Minnesota 
176.1   Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 
176.2   administration shall convey to the city of Faribault for no 
176.3   consideration the land described in subdivision 3. 
176.4      Subd. 2.  [FORM.] The conveyance must be in a form approved 
176.5   by the attorney general and must provide that the land reverts 
176.6   to the state if Parcels A and B cease to be used for a nature 
176.7   interpretive center and recreational trail system or if Parcel C 
176.8   ceases to be used for a municipal park. 
176.9      Subd. 3.  [DESCRIPTION.] (a) The land to be conveyed are 
176.10  those parts of Section 31, 32, and 33 in Township 110 North, 
176.11  Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 
176.12  Township 109 North, Range 20 West, in the city of Faribault, 
176.13  Rice county, Minnesota, described as follows: 
176.14     (1) Parcel A:  Beginning at the Southeast corner of the 
176.15     Southeast Quarter of said Section 31; thence South 89 
176.16     degrees, 58 minutes, 35 seconds West, along the South line 
176.17     of said Southeast Quarter (for purposes of this description 
176.18     bearings are assumed and based on said South line being 
176.19     South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 
176.20     to a point in the easterly right-of-way line of the 
176.21     Chicago, Rock Island and Pacific railroad; thence North 8 
176.22     degrees, 28 minutes, 35 seconds East, along said easterly 
176.23     right-of-way line, 64.53 feet to a point in the center line 
176.24     of the Straight river; thence along said river center line 
176.25     on the following six courses:  (1) North 38 degrees, 39 
176.26     minutes, 35 seconds East, 291.75 feet; (2) thence North 20 
176.27     degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 
176.28     thence North 34 degrees, 19 minutes, 49 seconds East, 
176.29     248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 
176.30     seconds East, 435.03 feet; (5) thence North 18 degrees, 9 
176.31     minutes, 34 seconds West, 657.76 feet; (6) thence North 46 
176.32     degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 
176.33     in the West line of the Southwest Quarter of said Section 
176.34     32; thence North 0 degrees, 5 minutes, 56 seconds West, 
176.35     along said West line, 161.66 feet to a point in the 
176.36     southwesterly right-of-way line of a street known as 
177.1      Institute Place; thence along said southwesterly line of 
177.2      Institute Place on the following three courses:  (1) South 
177.3      61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 
177.4      thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 
177.5      feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 
177.6      East, 215.06 feet to the Northeast corner of Block 1 in 
177.7      AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 
177.8      32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 
177.9      PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 
177.10     thence North 89 degrees, 21 minutes, 4 seconds West, along 
177.11     the North line of said Block 1, a distance of 111.58 feet 
177.12     to the Northwest corner of said Block 1; thence South 11 
177.13     degrees, 41 minutes, 14 seconds East, along the West line 
177.14     of said Block 1, a distance of 202.66 feet; thence South 12 
177.15     degrees, 51 minutes, 4 seconds East, along said westerly 
177.16     line of Block 1, a distance of 349.14 feet to the Southwest 
177.17     corner of said Block 1; thence South 74 degrees, 6 minutes, 
177.18     4 seconds East, along the southerly line of said Block 1, a 
177.19     distance of 205.26 feet; thence South 82 degrees, 21 
177.20     minutes, 4 seconds East, along said southerly line of Block 
177.21     1, a distance of 106.92 feet to the Southeast corner of 
177.22     said Block 1; thence South 38 degrees, 13 minutes, 56 
177.23     seconds West, 194.00 feet; thence South 0 degrees, 13 
177.24     minutes, 56 seconds West, 1000.00 feet; thence South 46 
177.25     degrees, 15 minutes, 16 seconds West, 626.46 feet to said 
177.26     point of beginning; 
177.27     (2) Parcel B:  Commencing at the Northwest corner of the 
177.28     Northeast Quarter of said Section 5; thence South 89 
177.29     degrees, 30 minutes, 57 seconds East, along the North line 
177.30     of said Northeast Quarter of Section 5 (for purposes of 
177.31     this description bearings are assumed and based on said 
177.32     North line being South 89 degrees, 30 minutes, 57 seconds 
177.33     East), a distance of 937.89 feet to the point of beginning 
177.34     of the parcel to be herein described; thence northwesterly 
177.35     along a nontangential curve, concave southwesterly (curve 
177.36     data:  delta angle = 64 degrees, 8 minutes, 9 seconds; 
178.1      radius = 500.00 feet; chord bearing and distance = North 57 
178.2      degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 
178.3      distance of 559.69 feet; thence South 89 degrees, 58 
178.4      minutes, 44 seconds West, 175.00 feet; thence 
178.5      northwesterly, along a tangential curve, concave 
178.6      northeasterly (curve data:  delta angle = 90 degrees, 0 
178.7      minutes, 0 seconds; radius = 80.00 feet; chord bearing and 
178.8      distance = North 45 degrees, 1 minute, 16 seconds West, 
178.9      113.14 feet), an arc distance of 125.66 feet; thence North 
178.10     0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 
178.11     point in the North line of the South One-fourth of the 
178.12     Southeast Quarter of said Section 32; thence South 89 
178.13     degrees, 28 minutes, 9 seconds East, along said North line, 
178.14     2413.98 feet to a point in the East line of said Southeast 
178.15     Quarter of Section 32; thence South 0 degrees, 1 minute, 9 
178.16     seconds East, along said East line, 399.59 feet; thence 
178.17     South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 
178.18     thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 
178.19     feet to a point in the North line of the West One-half of 
178.20     the Northwest Quarter of said Section 4; thence South 89 
178.21     degrees, 38 minutes, 30 seconds East, along said North 
178.22     line, 490.37 feet to the Northeast corner of said West 
178.23     One-half of the Northwest Quarter; thence South 0 degrees, 
178.24     24 minutes, 20 seconds West, along the East line of said 
178.25     West One-half of the Northwest Quarter, 2670.04 feet to the 
178.26     Southeast corner of said West One-half of the Northwest 
178.27     Quarter; thence South 0 degrees, 24 minutes, 20 seconds 
178.28     West, along the East line of the Northwest Quarter of the 
178.29     Southwest Quarter of said Section 4, a distance of 598.97 
178.30     feet to a point in the center line of the Straight river; 
178.31     thence South 34 degrees, 34 minutes, 54 seconds West, along 
178.32     said river center line, 447.98 feet; thence continue along 
178.33     said river center line, South 13 degrees, 53 minutes, 50 
178.34     seconds West, 359.52 feet to a point in the South line of 
178.35     the Northwest Quarter of the Southwest Quarter of said 
178.36     Section 4; thence North 89 degrees, 35 minutes, 28 seconds 
179.1      West, along said South line of the Northwest Quarter of the 
179.2      Southwest Quarter, 983.94 feet to the Southwest corner of 
179.3      said Northwest Quarter of the Southwest Quarter; thence 
179.4      North 89 degrees, 38 minutes, 42 seconds West, along the 
179.5      South line of the Northeast Quarter of the Southeast 
179.6      Quarter of said Section 5, a distance of 1328.17 feet to 
179.7      the Southwest corner of said Northeast Quarter of the 
179.8      Southeast Quarter; thence South 0 degrees, 31 minutes, 57 
179.9      seconds West, along the East line of the Southwest Quarter 
179.10     of the Southeast Quarter of said Section 5, a distance of 
179.11     1320.78 feet to the Southeast corner of said Southwest 
179.12     Quarter of the Southeast Quarter; thence North 89 degrees, 
179.13     54 minutes, 59 seconds West, along the South line of said 
179.14     Southwest Quarter of the Southeast Quarter, 1329.77 feet to 
179.15     the Southwest corner of said Southwest Quarter of the 
179.16     Southeast Quarter; thence North 89 degrees, 16 minutes, 29 
179.17     seconds West, along the North line of the Northwest Quarter 
179.18     of said Section 8, a distance of 435.63 feet to a point in 
179.19     the northwesterly line of the City of Faribault Trail; 
179.20     thence South 61 degrees, 6 minutes, 11 seconds West, along 
179.21     said Faribault Trail, 20.70 feet to the beginning of a 
179.22     spiral curve; thence southwesterly along said Faribault 
179.23     Trail on said spiral curve, concave northwesterly (center 
179.24     line curve data:  radius = 1644.62 feet; spiral angle = 3 
179.25     degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 
179.26     chord bearing and distance = South 62 degrees, 14 minutes, 
179.27     7 seconds West, 191.95 feet), to the beginning of a 
179.28     circular curve; thence continue southwesterly along said 
179.29     Faribault Trail on a circular curve, concave northwesterly 
179.30     (curve data:  delta angle = 1 degree, 55 minutes, 51 
179.31     seconds; radius = 1544.62 feet; chord bearing and distance 
179.32     = South 65 degrees, 31 minutes, 4 seconds West, 52.05 
179.33     feet), an arc distance of 52.05 feet; thence continue along 
179.34     said Faribault Trail, South 23 degrees, 31 minutes, 1 
179.35     second East, 50.00 feet; thence continue southwesterly 
179.36     along said Faribault Trail, on a curve, concave 
180.1      northwesterly (curve data:  delta angle = 38 degrees, 51 
180.2      minutes, 59 seconds; radius = 1594.62 feet; chord bearing 
180.3      and distance = South 85 degrees, 54 minutes, 58 seconds 
180.4      West, 1061.08 feet), an arc distance of 1081.70 feet; 
180.5      thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 
180.6      feet to a point in the center line of Glynview Trail 
180.7      (county state aid highway 19); thence North 48 degrees, 33 
180.8      minutes, 14 seconds West, along said Glynview Trail center 
180.9      line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 
180.10     seconds East, 285.93 feet to a point in the southwesterly 
180.11     line of said Faribault Trail; thence North 11 degrees, 41 
180.12     minutes, 14 seconds East, 101.49 feet to a point in the 
180.13     northwesterly line of said Faribault Trail; thence North 40 
180.14     degrees, 40 minutes, 22 seconds East, 265.18 feet to a 
180.15     point in said North line of the Northwest Quarter of 
180.16     Section 8; thence North 42 degrees, 10 minutes, 22 seconds 
180.17     East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 
180.18     seconds East, 205.00 feet to a point in the West line of 
180.19     the Southeast Quarter of the Southwest Quarter of said 
180.20     Section 5; thence North 0 degrees, 40 minutes, 22 seconds 
180.21     East, along said West line, 410.33 feet to a point in the 
180.22     center line of said Straight river; thence northwesterly 
180.23     along said river center line on the following 5 courses:  
180.24     (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 
180.25     feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 
180.26     850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 
180.27     East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 
180.28     seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 
180.29     43 seconds West, 200.73 feet to a point in the West line of 
180.30     the Southwest Quarter of said Section 5; thence North 0 
180.31     degrees, 44 minutes, 44 seconds East, along said West line, 
180.32     307.02 feet to the Southwest corner of the Northwest 
180.33     Quarter of said Section 5; thence North 0 degrees, 37 
180.34     minutes, 43 seconds East, along the West line of said 
180.35     Northwest Quarter of Section 5, a distance of 264.00 feet; 
180.36     thence North 30 degrees, 52 minutes, 17 seconds West, 
181.1      396.00 feet; thence North 49 degrees, 52 minutes, 17 
181.2      seconds West, 178.86 feet; thence South 51 degrees, 7 
181.3      minutes, 43 seconds West, 264.00 feet; thence North 81 
181.4      degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 
181.5      North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 
181.6      to a point in the center line of said Straight river; 
181.7      thence northerly and westerly along said river center line 
181.8      on the following 4 courses:  (1) North 19 degrees, 25 
181.9      minutes, 39 seconds East, 131.22 feet; (2) North 42 
181.10     degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 
181.11     North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 
181.12     (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 
181.13     feet to a point in the North line of the South One-half of 
181.14     the Northeast Quarter of said Section 6; thence South 89 
181.15     degrees, 55 minutes, 31 seconds East, along said North 
181.16     line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 
181.17     seconds East, 384.78 feet; thence North 47 degrees, 4 
181.18     minutes, 29 seconds East, 195.36 feet; thence South 86 
181.19     degrees, 25 minutes, 31 seconds East, 108.44 feet to a 
181.20     point in the southwesterly right-of-way line of the 
181.21     Chicago, Milwaukee, St. Paul and Pacific railroad; thence 
181.22     southeasterly along said railroad right-of-way line on a 
181.23     curve, concave northeasterly (curve data:  delta angle = 0 
181.24     degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 
181.25     chord bearing and distance = South 23 degrees, 57 minutes, 
181.26     58 seconds East, 37.16 feet), an arc distance of 37.16 
181.27     feet; thence North 65 degrees, 40 minutes, 30 seconds East, 
181.28     200.00 feet to a point in the northeasterly right-of-way 
181.29     line of said railroad; thence South 78 degrees, 31 minutes, 
181.30     31 seconds East, 644.57 feet; thence South 41 degrees, 58 
181.31     minutes, 52 seconds East, 980.53 feet to a point in a line 
181.32     49.50 feet westerly from and parallel with the East line of 
181.33     the Southwest Quarter of the Northwest Quarter of said 
181.34     Section 5; thence South 0 degrees, 36 minutes, 52 seconds 
181.35     West, along said parallel line, 1003.61 feet to a point in 
181.36     the North line of the Northwest Quarter of the Southwest 
182.1      Quarter of said Section 5; thence South 0 degrees, 40 
182.2      minutes, 22 seconds West, along a line parallel with and 
182.3      49.50 feet westerly of the East line of said Northwest 
182.4      Quarter of the Southwest Quarter of Section 5, a distance 
182.5      of 86.04 feet; thence South 66 degrees, 3 minutes, 0 
182.6      seconds West, 600.24 feet; thence South 9 degrees, 16 
182.7      minutes, 10 seconds West, 117.00 feet; thence South 55 
182.8      degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 
182.9      South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 
182.10     to a point in a line 16.50 feet easterly from and parallel 
182.11     with the West line of the Northeast Quarter of the 
182.12     Southwest Quarter of said Section 5; thence North 0 
182.13     degrees, 40 minutes, 22 seconds East, along said parallel 
182.14     line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 
182.15     seconds East, 190.00 feet; thence North 0 degrees, 40 
182.16     minutes, 22 seconds East, 200.00 feet; thence North 89 
182.17     degrees, 19 minutes, 38 seconds West, 190.00 feet to a 
182.18     point in said line 16.50 feet easterly from and parallel 
182.19     with the West line of the Northeast Quarter of the 
182.20     Southwest Quarter of said Section 5; thence North 0 
182.21     degrees, 40 minutes, 22 seconds East, along said parallel 
182.22     line, 133.39 feet to a point in the South line of the 
182.23     Southeast Quarter of the Northwest Quarter of said Section 
182.24     5; thence North 0 degrees, 36 minutes, 52 seconds East, 
182.25     along a line parallel with and 16.50 feet easterly of the 
182.26     West line of said Southeast Quarter of the Northwest 
182.27     Quarter of Section 5, a distance of 720.09 feet; thence 
182.28     South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 
182.29     to a point in the East line of said Southeast Quarter of 
182.30     the Northwest Quarter of Section 5; thence South 89 
182.31     degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 
182.32     North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 
182.33     thence North 18 degrees, 38 minutes, 14 seconds West, 
182.34     124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 
182.35     East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 
182.36     seconds East, 108.46 feet to a point designated as Point A; 
183.1      thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 
183.2      feet; thence North 52 degrees, 19 minutes, 41 seconds East, 
183.3      270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 
183.4      West, 500.00 feet; thence along a tangential curve, concave 
183.5      westerly (curve data:  delta angle = 23 degrees, 14 
183.6      minutes, 51 seconds; radius = 500.00 feet; chord bearing 
183.7      and distance = North 14 degrees, 15 minutes, 41 seconds 
183.8      West, 201.48 feet), an arc distance of 202.87 feet to said 
183.9      point of beginning; and 
183.10     (3) Parcel C:  Beginning at the Northeast corner of the 
183.11     Southwest Quarter of said section 32; thence southerly, 
183.12     along the East line of said Southwest Quarter (for purposes 
183.13     of this description bearing of said East line is assumed 
183.14     South 0 degrees, 4 minutes, 9 seconds West), a distance of 
183.15     1638.76 feet; thence North 89 degrees, 18 minutes, 51 
183.16     seconds West, 33.00 feet to the Southeast corner of Block 
183.17     1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 
183.18     COUNTY, MINNESOTA, said Southeast corner being a point in 
183.19     the West line of Tenth Avenue Northeast and the true point 
183.20     of beginning of the parcel to be herein described; thence 
183.21     South 0 degrees, 4 minutes, 9 seconds West, along said West 
183.22     line of Tenth Avenue Northeast, 360.00 feet; thence North 
183.23     89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 
183.24     point in the East line of vacated State Avenue; thence 
183.25     North 0 degrees, 4 minutes, 9 seconds East, along said East 
183.26     line of vacated State Avenue, 360.00 feet to the Southwest 
183.27     corner of said Block 1; thence South 89 degrees, 18 
183.28     minutes, 51 seconds East, along the South line of said 
183.29     Block 1, 826.98 feet to said true point of beginning. 
183.30     (b) The following land is excepted from the land described 
183.31  in paragraph (a): 
183.32     (1) Parcel D:  That part of the North One-half of the 
183.33     Northeast Quarter of Section 6 and that part of the North 
183.34     One-half of the Northwest Quarter of Section 5, all in 
183.35     Township 109 North, Range 20 West, in the city of 
183.36     Faribault, Rice county, Minnesota, described as follows:  
184.1      Beginning at a point in the East line of said Northeast 
184.2      Quarter of Section 6 (for purposes of this description 
184.3      bearings are assumed and based on said East line being 
184.4      South 0 degrees, 37 minutes, 43 seconds West), a distance 
184.5      of 1309.61 feet southerly from the Northeast corner of said 
184.6      Northeast Quarter; thence South 86 degrees, 27 minutes, 58 
184.7      seconds West, 153.73 feet; thence North 0 degrees, 13 
184.8      minutes, 34 seconds East, 252.29 feet; thence South 89 
184.9      degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 
184.10     in the southwesterly right-of-way line of the Chicago, Rock 
184.11     Island and Pacific railroad; thence southeasterly, along 
184.12     said railroad right-of-way line, on a curve, concave 
184.13     northeasterly (curve data:  radius = 2914.77 feet; delta 
184.14     angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 
184.15     distance = South 30 degrees, 58 minutes, 52 seconds East, 
184.16     277.26 feet), an arc distance of 277.37 feet; thence South 
184.17     86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 
184.18     point of beginning; and 
184.19     (2) the property deeded to the Chicago, Rock Island and 
184.20     Pacific railroad, and City of Faribault Trail. 
184.21     (c) The land described in paragraph (a) is subject to: 
184.22     (1) Glynview Trail (county state aid highway 19) over the 
184.23     southwesterly side thereof; 
184.24     (2) 220th Street East over part of the southerly side of 
184.25     Section 5; 
184.26     (3) Fifth Street Northeast over part of the northerly side 
184.27     of the South One-quarter of the Southeast Quarter of 
184.28     Section 32; 
184.29     (4) an easement for ingress and egress over and across 
184.30     Parcel B, said easement being a strip of land 30.00 feet in 
184.31     width lying immediately adjacent to and southwesterly of 
184.32     the southwesterly right-of-way line of said Chicago, Rock 
184.33     Island and Pacific railroad, bounded on the North by the 
184.34     southerly line of Parcel D, and bounded on the East by a 
184.35     line 49.50 feet westerly of and parallel with said East 
184.36     line of the Southwest Quarter of the Northwest Quarter of 
185.1      Section 5; and 
185.2      (5) an easement for access to and maintenance of a deep 
185.3      sewer tunnel over, under, and across part of Parcel B, 
185.4      being a strip of land 100.00 feet in width, 50.00 feet on 
185.5      both sides of the following described center line:  
185.6      Commencing at said Point A in Parcel B; thence North 56 
185.7      degrees, 4 minutes, 42 seconds East, 267.00 feet to the 
185.8      point of beginning of said easement center line; thence 
185.9      South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 
185.10     and there terminating; the side lines of said easement to 
185.11     be lengthened or shortened to meet in said course herein 
185.12     described as North 56 degrees, 4 minutes, 42 seconds East. 
185.13     Subd. 4.  [PURPOSE.] The land to be conveyed is no longer 
185.14  utilized by the department of corrections in Faribault.  The 
185.15  city of Faribault intends to continue to use Parcels A and B for 
185.16  a nature interpretive center and recreational trail system and 
185.17  Parcel C for a municipal park. 
185.18     Sec. 26.  Laws 1996, chapter 365, section 3, is amended to 
185.19  read:  
185.20     Sec. 3.  [REPEALER.] 
185.21     Section 2 is repealed when the project is completed, or 
185.22  June 30, 1998 2000, whichever occurs earlier. 
185.23     Sec. 27.  [REPEALER.] 
185.24     Minnesota Statutes 1996, sections 299M.05; and 299M.11, 
185.25  subdivision 3, are repealed. 
185.26     Sec. 28.  [EFFECTIVE DATE.] 
185.27     Section 25 is effective the day following final enactment.  
185.28  Section 21 is effective upon its acceptance by the boards of 
185.29  commissioners of Carlton and St. Louis counties and the city 
185.30  council of the city of Cloquet, but only if those acceptances 
185.31  occur on or before July 1, 1998.