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, public defense, human rights, 
  1.5             crime victims, and related purposes; establishing 
  1.6             grant programs, task forces, and pilot projects; 
  1.7             requiring reports and studies; increasing the number 
  1.8             of judges; transferring responsibility for the office 
  1.9             of drug policy and violence prevention, the 
  1.10            Asian-Pacific juvenile crime intervention and 
  1.11            prevention grant program, the juvenile weekend program 
  1.12            at Camp Ripley, and the operation and maintenance of 
  1.13            the state land and buildings that compose MCF-Sauk 
  1.14            Centre; increasing the membership and expanding the 
  1.15            duties of the criminal and juvenile justice policy 
  1.16            group; authorizing a lease-purchase agreement for a 
  1.17            northern satellite laboratory facility and additional 
  1.18            work related to a new facility in St.Paul for the 
  1.19            bureau of criminal apprehension; clarifying and 
  1.20            expanding certain criminal and civil penalties; 
  1.21            establishing a work program for certain repeat DWI 
  1.22            offenders and repealing the existing work program for 
  1.23            nonviolent offenders; requiring counties to pay the 
  1.24            costs of placing juvenile females at Minnesota 
  1.25            correctional facility-Sauk Centre; requiring the 
  1.26            department of corrections to submit an annual 
  1.27            performance report; imposing criminal penalties for 
  1.28            persons taking responsibility for criminal acts; 
  1.29            providing for sanction conference procedures to 
  1.30            dispose of technical violations of probation; 
  1.31            providing a posttraumatic stress syndrome benefit; 
  1.32            providing for recovery of damages when there is an 
  1.33            unauthorized release of animals; privatizing the 
  1.34            educational program at Minnesota correctional 
  1.35            facility-Red Wing; making certain changes related to 
  1.36            part-time peace officers; requiring policies and 
  1.37            training and making certain other changes related to 
  1.38            police pursuits; increasing the state's fiscal 
  1.39            responsibility for certain persons prior to civil 
  1.40            commitment; establishing requirements relating to 
  1.41            out-of-home placements of juveniles; providing for 
  1.42            state funding of certain programs and personnel; 
  1.43            providing for state funding of court administration 
  1.44            costs in specified judicial districts; establishing 
  1.45            collective bargaining provisions for court employees; 
  1.46            extending the sunset date for a juvenile records 
  2.1             provision; requiring that the continued operation of 
  2.2             the new Rush City prison beyond July 1, 2001, be 
  2.3             specifically authorized by law; amending Minnesota 
  2.4             Statutes 1998, sections 2.722, subdivision 1; 3.739, 
  2.5             subdivision 1; 43A.02, subdivision 25; 43A.24, 
  2.6             subdivision 2; 119A.26; 119A.28, subdivisions 2 and 3; 
  2.7             119A.29, subdivision 1; 119A.31, subdivision 3; 
  2.8             119A.32; 119A.33; 119A.34, subdivisions 3 and 4; 
  2.9             169.121, subdivisions 3, 3e, and by adding 
  2.10            subdivisions; 169.129, subdivision 2; 179A.03, 
  2.11            subdivisions 7, 14, 15, and by adding a subdivision; 
  2.12            179A.06, subdivision 2; 179A.10, subdivision 4; 
  2.13            179A.12, subdivision 4; 179A.22, subdivisions 2 and 3; 
  2.14            241.016; 242.192; 243.05, subdivision 1; 243.50; 
  2.15            244.052, subdivision 1, and by adding a subdivision; 
  2.16            244.19, subdivision 3a; 253B.185, by adding a 
  2.17            subdivision; 253B.23, subdivisions 1 and 8; 256.01, 
  2.18            subdivision 2; 256.486, subdivisions 1 and 2; 257.69, 
  2.19            subdivision 2; 260.151, subdivision 3; 260.161, 
  2.20            subdivision 1; 260.181, by adding a subdivision; 
  2.21            260.185, by adding a subdivision; 260.251, 
  2.22            subdivisions 2 and 5; 260.56; 299C.65, subdivisions 2, 
  2.23            5, and by adding subdivisions; 340A.415; 340A.703; 
  2.24            346.56; 346.56; 466.01, subdivision 6; 480.181, 
  2.25            subdivision 1; 484.64, subdivision 3; 484.65, 
  2.26            subdivision 3; 485.018, subdivisions 2 and 6; 485.03; 
  2.27            485.27; 487.02, subdivision 2; 487.10, subdivision 4; 
  2.28            518.165, subdivision 3; 546.13; 546.44, subdivision 3; 
  2.29            563.01, subdivisions 2, 9, and 10; 609.035, 
  2.30            subdivisions 1, 2, and by adding a subdivision; 
  2.31            609.135, subdivisions 1 and 2; 609.495, by adding a 
  2.32            subdivision; 609.531, subdivision 1; 609.5315, by 
  2.33            adding a subdivision; 611.33, subdivision 3; 626.5532, 
  2.34            subdivision 1; 626.845, subdivision 1; 626.8462; 
  2.35            626.8463, subdivision 1; and 626.8465, subdivision 2; 
  2.36            Laws 1997, chapter 85, article 3, section 53; 
  2.37            proposing coding for new law in Minnesota Statutes, 
  2.38            chapters 179A; 241; 243; 244; 260; 299A; 299L; 401; 
  2.39            480; and 626; repealing Minnesota Statutes 1998, 
  2.40            sections 119A.04, subdivision 5; 241.277; 256D.05, 
  2.41            subdivisions 3 and 3a; 357.021, subdivision 2a; 
  2.42            401.02, subdivision 5; 563.01, subdivision 1; 609.113; 
  2.43            626.5532, subdivision 2; and 626.8463, subdivision 2; 
  2.44            Laws 1997, chapter 238, section 4. 
  2.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.46                             ARTICLE 1
  2.47                           APPROPRIATIONS 
  2.48  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.49     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.50  appropriated from the general fund, or another fund named, to 
  2.51  the agencies and for the purposes specified in this act, to be 
  2.52  available for the fiscal years indicated for each purpose.  The 
  2.53  figures "1999," "2000," and "2001," where used in this act, mean 
  2.54  that the appropriation or appropriations listed under them are 
  2.55  available for the year ending June 30, 1999, June 30, 2000, or 
  2.56  June 30, 2001, respectively. 
  2.57                          SUMMARY BY FUND
  3.1                   1999          2000          2001           TOTAL
  3.2   General   $ 2,074,000 $ 550,113,000 $ 583,359,000 $1,133,472,000
  3.3   Special Revenue           8,473,000     7,877,000     16,350,000
  3.4   Environmental                44,000        46,000         90,000
  3.5   State Government
  3.6   Special Revenue               7,000         7,000         14,000
  3.7   Trunk Highway             1,626,000     1,656,000      3,282,000
  3.8   TOTAL                 $ 560,263,000 $ 592,945,000 $1,153,208,000
  3.9                                              APPROPRIATIONS 
  3.10                                         Available for the Year 
  3.11                                             Ending June 30 
  3.12                                            2000         2001 
  3.13  Sec. 2.  SUPREME COURT 
  3.14  Subdivision 1.  Total 
  3.15  Appropriation                       $ 27,329,000   $ 26,281,000
  3.16  The amounts that may be spent from this 
  3.17  appropriation for each program are 
  3.18  specified in the following subdivisions.
  3.19  Subd. 2.  Supreme Court Operations 
  3.20       4,506,000      4,549,000
  3.21  $5,000 the first year and $5,000 the 
  3.22  second year are for a contingent 
  3.23  account for expenses necessary for the 
  3.24  normal operation of the court for which 
  3.25  no other reimbursement is provided. 
  3.26  $55,000 the first year and $18,000 the 
  3.27  second year are for access to justice 
  3.28  initiatives. 
  3.29  $50,000 the first year and $50,000 the 
  3.30  second year are for judicial branch 
  3.31  infrastructure. 
  3.32  $14,000 the first year is for the 
  3.33  judicial salary supplement. 
  3.34  Subd. 3.  Civil Legal Services
  3.35       6,859,000      6,859,000
  3.36  This appropriation is for legal 
  3.37  services to low-income clients and for 
  3.38  family farm legal assistance under 
  3.39  Minnesota Statutes, section 480.242.  
  3.40  Any unencumbered balance remaining in 
  3.41  the first year does not cancel but is 
  3.42  available for the second year of the 
  3.43  biennium.  A qualified legal services 
  3.44  program, as defined in Minnesota 
  3.45  Statutes, section 480.24, subdivision 
  3.46  3, may provide legal services to 
  3.47  persons eligible for family farm legal 
  3.48  assistance under Minnesota Statutes, 
  3.49  section 480.242. 
  3.50  $877,000 of this appropriation the 
  3.51  first year and $877,000 of this 
  3.52  appropriation the second year are to 
  3.53  improve the access of low-income 
  4.1   clients to legal representation in 
  4.2   family law matters and must be 
  4.3   distributed under Minnesota Statutes, 
  4.4   section 480.242, to the qualified legal 
  4.5   services programs described in 
  4.6   Minnesota Statutes, section 480.242, 
  4.7   subdivision 2, paragraph (a).  Any 
  4.8   encumbered balance remaining in the 
  4.9   first year does not cancel and is 
  4.10  available for the second year of the 
  4.11  biennium. 
  4.12  Subd. 4.  State Court Administration 
  4.13      14,143,000     13,040,000
  4.14  $1,750,000 the first year and 
  4.15  $1,750,000 the second year are to begin 
  4.16  development and implementation of the 
  4.17  infrastructure for a coordinated and 
  4.18  integrated statewide criminal and 
  4.19  juvenile justice information system; 
  4.20  and for implementation of the judicial 
  4.21  branch justice information network.  
  4.22  This appropriation must be included in 
  4.23  the budget base for the 2002-2003 
  4.24  biennium. 
  4.25  $50,000 the first year and $50,000 the 
  4.26  second year are for court document 
  4.27  translation costs. 
  4.28  $50,000 the first year and $50,000 the 
  4.29  second year are for community justice 
  4.30  system collaboration. 
  4.31  $1,200,000 the first year is for 
  4.32  regional adult detention facility 
  4.33  construction planning grants under 
  4.34  article 2, section 28.  Of this amount, 
  4.35  $200,000 is for a grant to plan, 
  4.36  develop, and issue a request for 
  4.37  proposals for the construction and 
  4.38  operation of a regional adult detention 
  4.39  facility by a private vendor. 
  4.40  $150,000 the first year and $150,000 
  4.41  the second year are for the state's 
  4.42  share of the costs associated with the 
  4.43  precommitment detention of persons as 
  4.44  described in Minnesota Statutes, 
  4.45  section 253B.185, subdivision 5. 
  4.46  The appropriation in Laws 1998, chapter 
  4.47  367, article 1, section 2, subdivision 
  4.48  4, for the parental cooperation task 
  4.49  force is available until expended. 
  4.50  Subd. 5.  Law Library Operations
  4.51       1,821,000      1,833,000
  4.52  $40,000 the first year and $40,000 the 
  4.53  second year are for increased costs in 
  4.54  maintaining the library's publication 
  4.55  collection. 
  4.56  Sec. 3.  COURT OF APPEALS              6,450,000      6,549,000
  4.57  Sec. 4.  DISTRICT COURTS              77,299,000     80,399,000
  5.1   $1,678,000 the first year and 
  5.2   $4,048,000 the second year are for the 
  5.3   new judge units created in article 6, 
  5.4   section 1.  Four judge units are 
  5.5   effective July 1, 1999; five judge 
  5.6   units are effective January 1, 2000; 
  5.7   four judge units are effective July 1, 
  5.8   2000; and five judge units are 
  5.9   effective January 1, 2001.  The supreme 
  5.10  court, in consultation with the 
  5.11  conference of chief judges, shall 
  5.12  determine the order in which the 
  5.13  judgeships shall be allocated to the 
  5.14  districts.  No new judge units become 
  5.15  effective in the fourth judicial 
  5.16  district unless the supreme court 
  5.17  determines that a community court has 
  5.18  been established in the district and 
  5.19  that two judge positions are assigned 
  5.20  to it on a continuing basis. 
  5.21  $46,000 the first year and $48,000 the 
  5.22  second year are for two referee 
  5.23  conversions in the second judicial 
  5.24  district. 
  5.25  $200,000 the first year and $200,000 
  5.26  the second year are for the continued 
  5.27  funding of the community court in the 
  5.28  second judicial district. 
  5.29  $50,000 the first year and $50,000 the 
  5.30  second year are for implementation of a 
  5.31  community court in the fourth judicial 
  5.32  district. 
  5.33  $558,000 the first year and $42,000 the 
  5.34  second year are for the statewide 
  5.35  expansion of video technology in the 
  5.36  court system. 
  5.37  $293,000 the first year and $293,000 
  5.38  the second year are for upgrading the 
  5.39  infrastructure of the judicial branch. 
  5.40  Sec. 5.  BOARD ON JUDICIAL  
  5.41  STANDARDS                                233,000        238,000
  5.42  Sec. 6.  TAX COURT                       660,000        671,000
  5.43  Sec. 7.  PUBLIC SAFETY
  5.44  Subdivision 1.  Total 
  5.45  Appropriation                         45,365,000     44,828,000
  5.46                Summary by Fund
  5.47                          2000          2001
  5.48  General              43,168,000    42,587,000
  5.49  Special Revenue         520,000       532,000 
  5.50  State Government 
  5.51  Special Revenue           7,000         7,000 
  5.52  Environmental            44,000        46,000 
  5.53  Trunk Highway         1,626,000     1,656,000 
  5.54  The amounts that may be spent from this 
  6.1   appropriation for each program are 
  6.2   specified in the following subdivisions.
  6.3   Subd. 2.  Emergency Management
  6.4                 Summary by Fund
  6.5   General               3,801,000     3,832,000
  6.6   Environmental            44,000        46,000
  6.7   Subd. 3.  Criminal Apprehension 
  6.8                 Summary by Fund
  6.9   General              26,653,000    26,922,000
  6.10  State Government
  6.11  Special Revenue           7,000         7,000
  6.12  Special Revenue         520,000       532,000
  6.13  Trunk Highway         1,626,000     1,656,000
  6.14  $99,000 the first year and $99,000 the 
  6.15  second year from the bureau of criminal 
  6.16  apprehension account in the special 
  6.17  revenue fund are for grants to local 
  6.18  officials for the cooperative 
  6.19  investigation of cross-jurisdictional 
  6.20  criminal activity.  Any unencumbered 
  6.21  balance remaining in the first year 
  6.22  does not cancel but is available for 
  6.23  the second year. 
  6.24  $421,000 the first year and $433,000 
  6.25  the second year from the bureau of 
  6.26  criminal apprehension account in the 
  6.27  special revenue fund are for laboratory 
  6.28  activities. 
  6.29  $119,000 the second year is to 
  6.30  implement MNet connections to all 
  6.31  bureau of criminal apprehension field 
  6.32  offices that are not currently 
  6.33  connected. 
  6.34  $5,000,000 the first year and 
  6.35  $4,000,000 the second year are for the 
  6.36  statewide criminal and juvenile justice 
  6.37  data information system upgrade.  
  6.38  Of this amount, $210,000 the first year 
  6.39  and $210,000 the second year are to be 
  6.40  transferred to the department of 
  6.41  corrections for a statewide probation 
  6.42  system.  This transfer appropriation 
  6.43  must be included in the budget base for 
  6.44  the 2002-2003 biennium. 
  6.45  $610,000 the first year and $63,000 the 
  6.46  second year are for a lab information 
  6.47  management system. 
  6.48  $400,000 the first year and $400,000 
  6.49  the second year are for laboratory 
  6.50  supplies and equipment. 
  6.51  $3,000,000 the first year and 
  6.52  $3,000,000 the second year are to fund 
  6.53  the operation of the criminal gang 
  7.1   oversight council and strike force 
  7.2   described in Minnesota Statutes, 
  7.3   section 299A.64, and for the grants 
  7.4   authorized under Minnesota Statutes, 
  7.5   section 299A.66, subdivisions 1 and 2.  
  7.6   This appropriation is available until 
  7.7   June 30, 2001. 
  7.8   $1,640,000 the second year is to 
  7.9   operate and equip the satellite 
  7.10  laboratory facility under the 
  7.11  lease-purchase agreement authorized in 
  7.12  article 2, section 34. 
  7.13  $150,000 the first year is for grants 
  7.14  to the Hennepin county sheriff's 
  7.15  office, the Minneapolis police 
  7.16  department, and the St. Paul police 
  7.17  department, and for use by the bureau 
  7.18  for costs of training, equipment, 
  7.19  implementation, and operation of the 
  7.20  FBI Drugfire computer program for 
  7.21  analyzing bullets and bullet casings. 
  7.22  $25,000 the first year is for the 
  7.23  capitol security study described in 
  7.24  article 5, section 12. 
  7.25  Subd. 4.  Fire Marshal 
  7.26       3,198,000      3,185,000
  7.27  $69,000 the first year and $4,000 the 
  7.28  second year are for fire safety, 
  7.29  inspection, and investigation 
  7.30  capability increases. 
  7.31  $30,000 the first year and $30,000 the 
  7.32  second year are for critical incident 
  7.33  stress management response teams. 
  7.34  Subd. 5.  Alcohol and Gambling Enforcement
  7.35       1,833,000      1,862,000
  7.36  $87,000 the first year and $88,000 the 
  7.37  second year are for liquor law 
  7.38  compliance check grants under Minnesota 
  7.39  Statutes, section 299L.09.  By January 
  7.40  15, 2002, the commissioner shall report 
  7.41  to the chairs and ranking minority 
  7.42  members of the senate and house 
  7.43  committees and divisions having 
  7.44  jurisdiction over criminal justice 
  7.45  funding on the grants awarded under 
  7.46  this paragraph. 
  7.47  Subd. 6.  Law Enforcement and Community Grants
  7.48       7,683,000      6,786,000 
  7.49  The commissioner shall use $600,000 the 
  7.50  first year and $600,000 the second year 
  7.51  in federal Byrne grant funds for grants 
  7.52  to pay the costs of developing or 
  7.53  implementing a criminal justice 
  7.54  information system integration plan as 
  7.55  described in Minnesota Statutes, 
  7.56  section 299C.65, subdivision 6 or 7.  
  7.57  Of this amount, up to $200,000 may be 
  7.58  used as aid to pay the costs, if any, 
  8.1   of completing the integration tasks 
  8.2   identified in an interim plan submitted 
  8.3   under Minnesota Statutes, section 
  8.4   299C.65, subdivision 6, paragraph (b). 
  8.5   $50,000 the first year is to develop 
  8.6   plans for the construction and 
  8.7   operation of a southeastern Minnesota 
  8.8   regional public safety training center 
  8.9   in the city of Rochester.  The training 
  8.10  center must be staffed by public safety 
  8.11  employees from the southeastern 
  8.12  Minnesota region and must be used by 
  8.13  students and public safety employees 
  8.14  from the region.  The commissioner 
  8.15  shall include representatives of 
  8.16  potential user groups in the planning 
  8.17  process and shall determine what shared 
  8.18  services and facilities would best meet 
  8.19  the needs of local, state, and federal 
  8.20  public safety employees in the region.  
  8.21  By January 15, 2000, the commissioner 
  8.22  shall report to the chairs and ranking 
  8.23  minority members of the house and 
  8.24  senate committees and divisions having 
  8.25  jurisdiction over public safety funding 
  8.26  on the plans developed under the 
  8.27  preceding paragraph.  The report must 
  8.28  include a recommendation as to 
  8.29  ownership of the center, a description 
  8.30  of services and facilities recommended 
  8.31  to be offered at the center, the 
  8.32  identity of groups or agencies expected 
  8.33  to use the center, and plans for joint 
  8.34  payment for operation and maintenance 
  8.35  of the center. 
  8.36  $620,000 the first year is for a grant 
  8.37  to the city of Marshall to construct, 
  8.38  furnish, and equip a regional emergency 
  8.39  response training center.  The balance, 
  8.40  if any, does not cancel but is 
  8.41  available for the fiscal year ending 
  8.42  June 30, 2001. 
  8.43  $1,333,000 the first year and 
  8.44  $1,333,000 the second year are for 
  8.45  grants to Hennepin, Ramsey, and 
  8.46  Washington counties to construct law 
  8.47  enforcement training facilities.  Each 
  8.48  county must provide a match of at least 
  8.49  an equal amount in nonstate sources.  
  8.50  The commissioner may consider prior 
  8.51  expenditures made for the facility as 
  8.52  counting toward the match.  To the 
  8.53  greatest extent possible, the 
  8.54  facilities should be multipurpose in 
  8.55  nature and collaboratively owned and 
  8.56  operated by various entities, including 
  8.57  local, state, and federal agencies and 
  8.58  private-sector organizations. 
  8.59  Before awarding grants, the 
  8.60  commissioner shall require Hennepin, 
  8.61  Ramsey, and Washington counties to 
  8.62  submit plans concerning their proposed 
  8.63  facilities.  At a minimum, with regard 
  8.64  to the facility, the plan must specify 
  8.65  the entities that are collaborating on 
  8.66  its planning, construction, and 
  9.1   operation; its location; how its 
  9.2   operating expenses will be paid and 
  9.3   whether a continuing state subsidy is 
  9.4   envisioned; the type of training that 
  9.5   will be offered at it; the extent to 
  9.6   which it will be available for use by 
  9.7   entities other than those collaborating 
  9.8   on its planning, construction, and 
  9.9   operation; and its proposed governing 
  9.10  structure, including how management and 
  9.11  operational decisions will be made and 
  9.12  how it will be staffed. 
  9.13  By January 15, 2000, the commissioner 
  9.14  shall report to the chairs and ranking 
  9.15  minority members of the senate and 
  9.16  house committees and divisions having 
  9.17  jurisdiction over criminal justice 
  9.18  funding on the grants made under this 
  9.19  provision.  The report must include the 
  9.20  plans required in the preceding 
  9.21  paragraph. 
  9.22  By January 15, 2000, and January 15, 
  9.23  2001, Hennepin, Ramsey, and Washington 
  9.24  counties shall report to the chairs and 
  9.25  ranking minority members described in 
  9.26  the preceding paragraph on the status 
  9.27  of the law enforcement training 
  9.28  facilities funded by this appropriation.
  9.29  $100,000 the first year and $100,000 
  9.30  the second year are for grants to the 
  9.31  Minnesota safety council to continue 
  9.32  and expand the crosswalk safety 
  9.33  awareness campaign.  The amount 
  9.34  appropriated the first year is to 
  9.35  promote public awareness among drivers 
  9.36  and pedestrians of the crosswalk safety 
  9.37  law, by means of mass media, print 
  9.38  materials, and community involvement.  
  9.39  The amount appropriated the second year 
  9.40  is to continue to promote public 
  9.41  awareness and to increase enforcement 
  9.42  of the crosswalk safety law.  This 
  9.43  appropriation is available until spent. 
  9.44  $60,000 the first year and $60,000 the 
  9.45  second year are to provide the bomb 
  9.46  disposal reimbursements authorized by 
  9.47  Minnesota Statutes, section 299C.063, 
  9.48  subdivision 2. 
  9.49  $132,000 the first year and $133,000 
  9.50  the second year are for grants to the 
  9.51  northwest Hennepin human services 
  9.52  council to administer the northwest 
  9.53  community law enforcement project, to 
  9.54  be available until June 30, 2001. 
  9.55  $250,000 the first year is to assist 
  9.56  volunteer ambulance services, licensed 
  9.57  under Minnesota Statutes, chapter 144E, 
  9.58  in purchasing automatic external 
  9.59  defibrillators.  This money may be 
  9.60  spent to assist those volunteer 
  9.61  ambulance services that do not possess 
  9.62  defibrillators.  The commissioner may 
  9.63  use money remaining, if any, from this 
  9.64  appropriation after each volunteer 
  9.65  ambulance service has received 
 10.1   assistance in purchasing a 
 10.2   defibrillator to distribute 
 10.3   defibrillators to local law enforcement 
 10.4   agencies as provided in Laws 1998, 
 10.5   chapter 367, article 1, section 16. 
 10.6   $250,000 the first year and $250,000 
 10.7   the second year are for grants to 
 10.8   develop and administer a residential 
 10.9   program for women leaving prostitution 
 10.10  under article 2, section 33. 
 10.11  $50,000 the first year and $50,000 the 
 10.12  second year are for grants under 
 10.13  Minnesota Statutes, section 119A.31, 
 10.14  subdivision 1, clause (12), to 
 10.15  organizations that focus on 
 10.16  intervention and prevention of teenage 
 10.17  prostitution. 
 10.18  $75,000 the first year and $75,000 the 
 10.19  second year are for grants to Hennepin 
 10.20  county to administer the community 
 10.21  service grant program pilot project 
 10.22  described in article 2, section 29. 
 10.23  $500,000 the first year and $500,000 
 10.24  the second year are for one-time grants 
 10.25  to the city of Minneapolis and Hennepin 
 10.26  county to implement a coordinated 
 10.27  criminal justice system response to the 
 10.28  CODEFOR (Computer Optimized 
 10.29  Development-Focus On Results) law 
 10.30  enforcement strategy.  The money is to 
 10.31  be used by the Minneapolis city 
 10.32  attorney's office, the Hennepin county 
 10.33  attorney's office, the Hennepin county 
 10.34  sheriff's office, the fourth judicial 
 10.35  district public defender's office, the 
 10.36  fourth judicial district court, the 
 10.37  Hennepin county community corrections 
 10.38  agency, and the Hennepin county 
 10.39  children and family services 
 10.40  department.  By January 15, 2002, the 
 10.41  commissioner shall submit a detailed 
 10.42  report to the chairs of the senate and 
 10.43  house committees and divisions having 
 10.44  jurisdiction over criminal justice 
 10.45  funding on how the grant money was 
 10.46  allocated and how it was spent by the 
 10.47  grant recipients. 
 10.48  $300,000 the first year and $300,000 
 10.49  the second year are for weed and seed 
 10.50  grants under Minnesota Statutes, 
 10.51  section 299A.63.  Money not expended 
 10.52  the first year is available for grants 
 10.53  during the second year. 
 10.54  $30,000 the first year and $30,000 the 
 10.55  second year are for grants to the city 
 10.56  of St. Paul to provide support services 
 10.57  to the surviving family members of 
 10.58  homicide, suicide, and accidental death 
 10.59  victims. 
 10.60  $50,000 the first year and $50,000 the 
 10.61  second year are for use by the center 
 10.62  for reducing rural violence in 
 10.63  continuing the technical assistance and 
 10.64  related violence prevention services it 
 11.1   currently offers to rural communities. 
 11.2   $500,000 the first year and $500,000 
 11.3   the second year are to operate the 
 11.4   weekend camp program at Camp Ripley 
 11.5   described in Laws 1997, chapter 239, 
 11.6   article 1, section 12, subdivision 3, 
 11.7   as amended by Laws 1998, chapter 367, 
 11.8   article 10, section 13.  The powers and 
 11.9   duties of the department of corrections 
 11.10  with respect to the weekend program are 
 11.11  transferred to the department of public 
 11.12  safety under Minnesota Statutes, 
 11.13  section 15.039.  The commissioner shall 
 11.14  attempt to expand the program to serve 
 11.15  500 juveniles per year within this 
 11.16  appropriation. 
 11.17  $75,000 the first year and $75,000 the 
 11.18  second year are to make the Kid Care 
 11.19  grants under article 2, section 31.  
 11.20  The commissioner may use a reasonable 
 11.21  amount of this appropriation to 
 11.22  administer the grant program. 
 11.23  $500,000 the first year and $500,000 
 11.24  the second year are for Asian-American 
 11.25  juvenile crime intervention and 
 11.26  prevention grants under Minnesota 
 11.27  Statutes, section 256.486.  The powers 
 11.28  and duties of the department of human 
 11.29  services, with respect to that program, 
 11.30  are transferred to the department of 
 11.31  public safety under Minnesota Statutes, 
 11.32  section 15.039. 
 11.33  Sec. 8.  CRIME VICTIM
 11.34  SERVICES CENTER     
 11.35  Subdivision 1.  Total  
 11.36  Appropriation                         13,300,000     31,378,000
 11.37  Subd. 2.  Crime Victim 
 11.38  Reparations Board
 11.39       2,183,000      2,199,000
 11.40  $104,000 the first year and $104,000 
 11.41  the second year are for computer system 
 11.42  enhancements. 
 11.43  Subd. 3.  Crime Victims
 11.44  Assistance
 11.45      11,117,000     29,179,000
 11.46  The executive director of the center 
 11.47  and the commissioner of human services 
 11.48  shall, in consultation with affected 
 11.49  parties, report by October 15, 1999, to 
 11.50  the governor, the commissioner of 
 11.51  finance, and appropriate legislative 
 11.52  committee chairs, on a complete plan 
 11.53  and legislation necessary for 
 11.54  implementation of the transfer of 
 11.55  payments to battered women's shelters 
 11.56  from the department to the center 
 11.57  effective July 1, 2000.  The plan must 
 11.58  not exceed funding appropriated for 
 11.59  that purpose in fiscal year 2001 and 
 11.60  shall assume funding at that same level 
 12.1   for the following biennium. 
 12.2   $50,000 the first year and $50,000 the 
 12.3   second year are for the crime victim 
 12.4   emergency fund. 
 12.5   $50,000 the first year and $159,000 the 
 12.6   second year are for grant 
 12.7   administration and the administration 
 12.8   of the battered women's shelter per 
 12.9   diem payments. 
 12.10  $44,000 the first year and $45,000 the 
 12.11  second year are to administer the crime 
 12.12  victims and witnesses services pilot 
 12.13  project grant program and to make the 
 12.14  grants described in article 2, section 
 12.15  30. 
 12.16  $75,000 the first year and $75,000 the 
 12.17  second year are for grants to an 
 12.18  existing battered women's shelter in 
 12.19  the city of Bloomington. 
 12.20  $40,000 the first year and $40,000 the 
 12.21  second year are for grants to an 
 12.22  American Indian battered women's 
 12.23  shelter in the city of Duluth. 
 12.24  $50,000 the first year and $50,000 the 
 12.25  second year are for grants to increase 
 12.26  the capacity of organizations that 
 12.27  provide sexual assault and domestic 
 12.28  violence prevention and intervention 
 12.29  services to Asian-Pacific communities.  
 12.30  The executive director may award the 
 12.31  grants described in this paragraph only 
 12.32  to existing nonprofit community-based 
 12.33  organizations that have a strong base 
 12.34  in and a demonstrated record of serving 
 12.35  Asian-Pacific communities.  The 
 12.36  executive director shall consult with 
 12.37  the Asian-Pacific council when making 
 12.38  the grants under this paragraph. Of 
 12.39  this appropriation, up to 2.5 percent 
 12.40  may be used for administrative expenses 
 12.41  involved in making the grants.  By 
 12.42  January 15, 2002, the executive 
 12.43  director shall report to the chairs and 
 12.44  ranking minority members of the senate 
 12.45  and house committees and divisions 
 12.46  having jurisdiction over criminal 
 12.47  justice funding on the grants awarded 
 12.48  under this paragraph.  The report must 
 12.49  include a detailed account of how the 
 12.50  grants were allocated and used, and an 
 12.51  assessment of the results of the 
 12.52  projects funded by the grants. 
 12.53  $50,000 the first year is for a grant 
 12.54  to the Minnesota state colleges and 
 12.55  universities board to be used by the 
 12.56  center for applied research and policy 
 12.57  analysis at Metropolitan state 
 12.58  university to conduct a research 
 12.59  project to assess violence in the 
 12.60  Asian-Pacific communities and improve 
 12.61  data collection practices of mainstream 
 12.62  systems and institutions that work with 
 12.63  Asian-Pacific communities.  By January 
 12.64  15, 2000, the center shall report the 
 13.1   results of the study to the chairs and 
 13.2   ranking minority members of the senate 
 13.3   and house committees and divisions 
 13.4   having jurisdiction over criminal 
 13.5   justice policy and funding. 
 13.6   $150,000 the first year and $150,000 
 13.7   the second year are for grants to the 
 13.8   family violence coordinating council in 
 13.9   the fourth judicial district for the 
 13.10  development of a plan and the 
 13.11  evaluation and report by the domestic 
 13.12  fatality review team under article 2, 
 13.13  section 35.  This appropriation is 
 13.14  available until expended. 
 13.15  Sec. 9.  CRIME VICTIM 
 13.16  OMBUDSMAN                                450,000        430,000
 13.17  $20,000 the first year is for the crime 
 13.18  victims case management system. 
 13.19  $46,000 the first year and $41,000 the 
 13.20  second year are for an additional 
 13.21  clerical position to enhance the 
 13.22  response to crime victims. 
 13.23  Sec. 10.  BOARD OF PRIVATE DETECTIVE 
 13.24  AND PROTECTIVE AGENT SERVICES            135,000        140,000
 13.25  Sec. 11.  BOARD OF PEACE OFFICER 
 13.26  STANDARDS AND TRAINING                 4,954,000      4,337,000
 13.27  This appropriation is from the peace 
 13.28  officers training account in the 
 13.29  special revenue fund.  Any receipts 
 13.30  credited to the peace officer training 
 13.31  account in the special revenue fund in 
 13.32  the first year in excess of $4,954,000 
 13.33  must be transferred and credited to the 
 13.34  general fund.  Any receipts credited to 
 13.35  the peace officer training account in 
 13.36  the special revenue fund in the second 
 13.37  year in excess of $4,337,000 must be 
 13.38  transferred and credited to the general 
 13.39  fund. 
 13.40  $40,000 the first year is for minority 
 13.41  recruitment videos. 
 13.42  $350,000 the first year is to prepare, 
 13.43  coordinate, and reimburse providers of 
 13.44  the part-time peace officer competency 
 13.45  training described in Minnesota 
 13.46  Statutes, section 626.8462. 
 13.47  $250,000 the first year is for 
 13.48  reimbursements to local law enforcement 
 13.49  agencies for the cost of providing the 
 13.50  police pursuit training described in 
 13.51  Minnesota Statutes, section 626.8458. 
 13.52  Sec. 12.  BOARD OF PUBLIC DEFENSE 
 13.53  Subdivision 1.  Total       
 13.54  Appropriation                         45,843,000     46,046,000
 13.55  None of this appropriation shall be 
 13.56  used to pay for lawsuits against public 
 13.57  agencies or public officials to change 
 13.58  social or public policy.  
 14.1   The amounts that may be spent from this 
 14.2   appropriation for each program are 
 14.3   specified in the following subdivisions.
 14.4   Subd. 2.  State Public      
 14.5   Defender 
 14.6        3,160,000      3,229,000
 14.7   $86,000 the first year and $78,000 the 
 14.8   second year are for appellate caseload 
 14.9   relief. 
 14.10  Subd. 3.  Administrative Services  
 14.11  Office  
 14.12       1,276,000      1,270,000
 14.13  $86,000 the first year and $84,000 the 
 14.14  second year are for a personnel 
 14.15  director. 
 14.16  Subd. 4.  District Public   
 14.17  Defense  
 14.18      41,407,000     41,547,000 
 14.19  $1,550,000 the first year and 
 14.20  $1,450,000 the second year are for 
 14.21  caseload equity. 
 14.22  $50,000 the first year and $50,000 the 
 14.23  second year are for grants to the five 
 14.24  existing public defense corporations 
 14.25  under Minnesota Statutes, section 
 14.26  611.216. 
 14.27  $500,000 the first year is for the 
 14.28  statewide connection project. 
 14.29  $130,000 the first year and $131,000 
 14.30  the second year are for increased 
 14.31  public defender costs in the second 
 14.32  judicial district related to the 
 14.33  activities of the Ramsey county 
 14.34  attorney's domestic assault and child 
 14.35  abuse prosecution unit.  This 
 14.36  appropriation is available until June 
 14.37  30, 2001. 
 14.38  Sec. 13.  CORRECTIONS 
 14.39  Subdivision 1.  Total 
 14.40  Appropriation                        325,897,000    343,753,000
 14.41                Summary by Fund
 14.42  General             324,775,000   342,631,000
 14.43  Special Revenue       1,122,000     1,122,000
 14.44  The amounts that may be spent from this 
 14.45  appropriation for each program are 
 14.46  specified in the following subdivisions.
 14.47  Any unencumbered balances remaining in 
 14.48  the first year do not cancel but are 
 14.49  available for the second year of the 
 14.50  biennium. 
 14.51  Positions and administrative money may 
 15.1   be transferred within the department of 
 15.2   corrections as the commissioner 
 15.3   considers necessary, upon the advance 
 15.4   approval of the commissioner of finance.
 15.5   For the biennium ending June 30, 2001, 
 15.6   the commissioner of corrections may, 
 15.7   with the approval of the commissioner 
 15.8   of finance, transfer funds to or from 
 15.9   salaries. 
 15.10  The commissioner may enter into 
 15.11  contracts with private corporations or 
 15.12  governmental units of the state of 
 15.13  Minnesota to house in their 
 15.14  correctional facilities adult offenders 
 15.15  committed to the commissioner of 
 15.16  corrections. 
 15.17  Notwithstanding any contrary provisions 
 15.18  in this subdivision, the commissioner 
 15.19  may not transfer money or positions to 
 15.20  the department's management services 
 15.21  division. 
 15.22  Subd. 2.  Correctional 
 15.23  Institutions  
 15.24                Summary by Fund
 15.25  General             207,374,000   222,011,000
 15.26  Special Revenue         865,000       785,000
 15.27  $10,616,000 the first year and 
 15.28  $21,705,000 the second year are a 
 15.29  one-time appropriation for start-up and 
 15.30  operating expenses of the new custody 
 15.31  level 4 correctional facility at Rush 
 15.32  City. 
 15.33  $1,000,000 the first year and 
 15.34  $1,000,000 the second year are for 
 15.35  asset preservation and facility 
 15.36  repair.  This funding may be 
 15.37  transferred between programs, to the 
 15.38  extent it is used for the same 
 15.39  purpose.  The commissioner may use any 
 15.40  other available funding for this 
 15.41  purpose, to the extent it is not 
 15.42  inconsistent with any other law. 
 15.43  $532,000 the first year and $866,000 
 15.44  the second year are for the expansion 
 15.45  of the mental health and infirmary unit 
 15.46  at the Minnesota Correctional 
 15.47  Facility-Oak Park Heights. 
 15.48  $1,512,000 the first year and 
 15.49  $1,523,000 the second year are to 
 15.50  operate the DWI work program described 
 15.51  in Minnesota Statutes, section 
 15.52  241.2775, and to make necessary 
 15.53  renovations to buildings at the Camp 
 15.54  Ripley facility. 
 15.55  $15,000 the first year is for a grant 
 15.56  to a Rice county-based organization for 
 15.57  the purpose of purchasing and placing 
 15.58  memorial monuments on graves of former 
 15.59  Faribault Regional Center residents who 
 16.1   are buried in any cemetery located on 
 16.2   the grounds of MCF-Faribault or other 
 16.3   nearby cemeteries in Rice county.  
 16.4   Memorial monuments shall not be placed 
 16.5   if the family of the deceased resident 
 16.6   objects to the placement of the 
 16.7   monument. 
 16.8   Subd. 3.  Juvenile Services
 16.9       13,388,000     13,656,000 
 16.10  $150,000 the first year and $150,000 
 16.11  the second year are for asset 
 16.12  preservation and facility repair.  This 
 16.13  funding may be transferred between 
 16.14  programs, to the extent it is used for 
 16.15  the same purpose.  The commissioner may 
 16.16  use any other available funding for 
 16.17  this purpose, to the extent it is not 
 16.18  inconsistent with any other law. 
 16.19  $250,000 the first year and $250,000 
 16.20  the second year are to expand aftercare 
 16.21  and transition services to youth under 
 16.22  the care of the commissioner of 
 16.23  corrections. 
 16.24  $120,000 the first year and $120,000 
 16.25  the second year are for two academic 
 16.26  teacher positions at the Minnesota 
 16.27  Correctional Facility-Red Wing. 
 16.28  $65,000 the first year and $160,000 the 
 16.29  second year are for increased 
 16.30  vocational education at the Minnesota 
 16.31  Correctional Facility-Red Wing. 
 16.32  Subd. 4.  Community Services 
 16.33                Summary by Fund
 16.34  General              93,822,000    96,246,000
 16.35  Special Revenue          90,000        90,000
 16.36  All money received by the commissioner 
 16.37  of corrections pursuant to the domestic 
 16.38  abuse investigation fee under Minnesota 
 16.39  Statutes, section 609.2244, is 
 16.40  available for use by the commissioner 
 16.41  and is appropriated annually to the 
 16.42  commissioner of corrections for costs 
 16.43  related to conducting the 
 16.44  investigations. 
 16.45  $400,000 the first year and $500,000 
 16.46  the second year are for increased 
 16.47  funding for intensive community 
 16.48  supervision. 
 16.49  $1,500,000 the first year and 
 16.50  $3,500,000 the second year are for 
 16.51  increased grants to counties that 
 16.52  deliver correctional services.  
 16.53  This appropriation is intended to 
 16.54  reduce state and county probation 
 16.55  officer caseload and workload 
 16.56  overcrowding and to increase 
 16.57  supervision of individuals sentenced to 
 17.1   probation at the county level.  This 
 17.2   increased supervision may be 
 17.3   accomplished through a variety of 
 17.4   methods, including but not limited to:  
 17.5   (1) innovative technology services, 
 17.6   such as automated probation reporting 
 17.7   systems and electronic monitoring; (2) 
 17.8   prevention and diversion programs; (3) 
 17.9   intergovernmental cooperation 
 17.10  agreements between local governments 
 17.11  and appropriate community resources; 
 17.12  and (4) traditional probation program 
 17.13  services. 
 17.14  Counties that deliver correctional 
 17.15  services through Minnesota Statutes, 
 17.16  section 244.19, and that qualify for 
 17.17  new probation officers under this 
 17.18  program shall receive full 
 17.19  reimbursement for the officers' 
 17.20  benefits and support, not to exceed 
 17.21  $70,000 annually.  Positions funded by 
 17.22  this appropriation may not supplant 
 17.23  existing services. 
 17.24  The commissioner shall distribute money 
 17.25  appropriated for state and county 
 17.26  probation officer caseload and workload 
 17.27  reduction according to the formula 
 17.28  contained in Minnesota Statutes, 
 17.29  section 401.10.  These appropriations 
 17.30  may not be used to supplant existing 
 17.31  state or county probation officer 
 17.32  positions or existing correctional 
 17.33  services or programs. 
 17.34  This appropriation is available until 
 17.35  June 30, 2001, and shall be added to 
 17.36  the base level for probation officer 
 17.37  workload reduction appropriated under 
 17.38  Laws 1997, chapter 239, article 1, 
 17.39  section 12, subdivision 4, and Laws 
 17.40  1998, chapter 367, article 1, section 
 17.41  7, subdivision 4. 
 17.42  By January 15, 2001, the commissioner 
 17.43  of corrections shall report to the 
 17.44  chairs and ranking minority members of 
 17.45  the senate and house committees and 
 17.46  divisions having jurisdiction over 
 17.47  criminal justice funding on the 
 17.48  outcomes achieved through the use of 
 17.49  state probation caseload reduction 
 17.50  appropriations made since 1995.  At a 
 17.51  minimum, the report must analyze the 
 17.52  following outcomes, as further 
 17.53  described in the uniform statewide 
 17.54  probation outcome measures workgroup's 
 17.55  1998 report to the legislature: 
 17.56  (1) the recidivism rate of felony 
 17.57  offenders during the first three years 
 17.58  of probation, parole, or supervised 
 17.59  release supervision, as measured by 
 17.60  arrests, convictions, and 
 17.61  incarceration; 
 17.62  (2) the restoration and satisfaction of 
 17.63  crime victims as measured by the 
 17.64  payment of restitution and victim 
 17.65  satisfaction that (i) their needs were 
 18.1   addressed, (ii) they were given an 
 18.2   opportunity to provide input, (iii) 
 18.3   they received sufficient information 
 18.4   about their cases, and (iv) they were 
 18.5   satisfied with the services provided to 
 18.6   them by corrections agencies; 
 18.7   (3) the restoration of the community as 
 18.8   measured by the percentage of offenders 
 18.9   ordered to perform sentencing to 
 18.10  service and other community service 
 18.11  projects and the percentage of 
 18.12  offenders who abide by the order; and 
 18.13  (4) the development of offender 
 18.14  competencies and assistance provided to 
 18.15  offenders in changing criminal behavior 
 18.16  as measured by the provision of 
 18.17  services that address factors relating 
 18.18  to criminal behavior. 
 18.19  $100,000 the first year and $100,000 
 18.20  the second year are for county 
 18.21  probation officer reimbursements. 
 18.22  $50,000 the first year and $50,000 the 
 18.23  second year are for the emergency 
 18.24  housing initiative. 
 18.25  $25,000 the first year and $25,000 the 
 18.26  second year are for probation and 
 18.27  supervised release services. 
 18.28  $250,000 the first year and $250,000 
 18.29  the second year are for increased 
 18.30  funding of the sentencing to service 
 18.31  program. 
 18.32  $50,000 the first year and $50,000 the 
 18.33  second year are for sex offender 
 18.34  transition programming. 
 18.35  $500,000 the first year and $500,000 
 18.36  the second year are for productive day 
 18.37  grants. 
 18.38  $255,000 the first year and $260,000 
 18.39  the second year are for grants to 
 18.40  Dakota county for the community justice 
 18.41  zone pilot project described in article 
 18.42  2, section 32. 
 18.43  $150,000 the first year and $150,000 
 18.44  the second year are for grants related 
 18.45  to restorative justice programs, as 
 18.46  defined in Minnesota Statutes, section 
 18.47  611A.775.  The commissioner may make 
 18.48  grants to fund new as well as existing 
 18.49  programs and to provide technical 
 18.50  assistance to volunteers and staff who 
 18.51  assist with restorative justice 
 18.52  programs. 
 18.53  Subd. 5.  Management Services  
 18.54                Summary by Fund
 18.55  General              10,191,000    10,718,000
 18.56  Special Revenue         167,000       247,000
 19.1   $800,000 the first year and $1,200,000 
 19.2   the second year are for technology 
 19.3   improvements. 
 19.4   Sec. 14.  CORRECTIONS OMBUDSMAN          612,000        626,000
 19.5   Sec. 15.  SENTENCING GUIDELINES
 19.6   COMMISSION                               592,000        553,000 
 19.7   $125,000 the first year and $75,000 the 
 19.8   second year are for the sentencing 
 19.9   guidelines worksheet. 
 19.10  Sec. 16.  HUMAN RIGHTS                 3,862,000      3,924,000
 19.11  Sec. 17.  UNIFORM LAWS COMMISSION         37,000         38,000 
 19.12  Sec. 18.  AUTO THEFT PREVENTION 
 19.13  BOARD                                  1,877,000      1,886,000 
 19.14  This appropriation is from the 
 19.15  automobile theft prevention account in 
 19.16  the special revenue fund. 
 19.17  The executive director of the auto 
 19.18  theft prevention board may not sit on 
 19.19  its board of directors. 
 19.20  Sec. 19.  ADMINISTRATION              4,500,000            -0-
 19.21  $4,500,000 is to complete design 
 19.22  documents and site preparation for the 
 19.23  new facility for the bureau of criminal 
 19.24  apprehension in St. Paul for which site 
 19.25  acquisition and preliminary design 
 19.26  money were appropriated in Laws 1998, 
 19.27  chapter 404, section 13, subdivision 
 19.28  11.  The commissioner may use a 
 19.29  design-build method of project 
 19.30  development and construction for this 
 19.31  project.  The commissioner may award a 
 19.32  design-build contract on the basis of 
 19.33  requests for proposals or requests for 
 19.34  qualifications without bids. 
 19.35  Sec. 20.  ECONOMIC SECURITY              600,000        600,000
 19.36  $600,000 the first year and $600,000 
 19.37  the second year are for grants to 
 19.38  cities of the first class that 
 19.39  demonstrate a need for creating and 
 19.40  expanding curfew enforcement, truancy 
 19.41  prevention, and pretrial diversion 
 19.42  programs.  Programs funded under this 
 19.43  section must have clearly established 
 19.44  neighborhood, community, and family 
 19.45  outcome measures of success and must 
 19.46  report to the commissioner on the 
 19.47  achievement of these outcomes on or 
 19.48  before June 30, 2001. 
 19.49  Sec. 21.  ATTORNEY GENERAL              268,000        268,000
 19.50  $268,000 the first year and $268,000 
 19.51  the second year are for grants to 
 19.52  Ramsey county to be used by the Ramsey 
 19.53  county attorney's office to establish 
 19.54  and fund the domestic assault and child 
 19.55  abuse prosecution unit.  This 
 19.56  appropriation is available until June 
 19.57  30, 2001. 
 20.1   Sec. 22.  DEFICIENCY APPROPRIATION 
 20.2                     Fiscal Year 1999
 20.3   General               2,074,000 
 20.4   This appropriation for fiscal year 1999 
 20.5   is added to the appropriation in Laws 
 20.6   1997, chapter 239, article 1, section 
 20.7   7, subdivision 2, to provide matching 
 20.8   funds for federal emergency management 
 20.9   assistance funds received for natural 
 20.10  disaster assistance payments.  This 
 20.11  appropriation is available the day 
 20.12  following final enactment. 
 20.13                             ARTICLE 2
 20.14            CRIME PREVENTION AND LAW ENFORCEMENT GRANTS
 20.15     Section 1.  Minnesota Statutes 1998, section 119A.26, is 
 20.16  amended to read: 
 20.17     119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
 20.18     Subdivision 1.  [OFFICE; ASSISTANT COMMISSIONER.] The 
 20.19  office of drug policy and violence prevention is an office in 
 20.20  the department of children, families, and learning public 
 20.21  safety, headed by an assistant commissioner appointed by the 
 20.22  commissioner to serve in the unclassified service.  
 20.23  The assistant commissioner may appoint other employees.  
 20.24  The assistant commissioner shall coordinate the violence 
 20.25  prevention activities and the prevention and supply reduction 
 20.26  activities of state and local agencies and provide one 
 20.27  professional staff member to assist on a full-time basis the 
 20.28  work of the chemical abuse prevention resource council use the 
 20.29  resources of the office to conduct activities related to crime 
 20.30  prevention and enforcement as deemed necessary. 
 20.31     Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
 20.32     (1) gather, develop, and make available throughout the 
 20.33  state information and educational materials on preventing and 
 20.34  reducing violence in the family and in the community, both 
 20.35  directly and by serving as a clearinghouse for information and 
 20.36  educational materials from schools, state and local agencies, 
 20.37  community service providers, and local organizations; 
 20.38     (2) foster collaboration among schools, state and local 
 20.39  agencies, community service providers, and local organizations 
 20.40  that assist in violence intervention or prevention; 
 21.1      (3) assist schools, state and local agencies, service 
 21.2   providers, and organizations, on request, with training and 
 21.3   other programs designed to educate individuals about violence 
 21.4   and reinforce values that contribute to ending violence; 
 21.5      (4) after consulting with all state agencies involved in 
 21.6   preventing or reducing violence within the family or community, 
 21.7   develop a statewide strategy for preventing and reducing 
 21.8   violence that encompasses the efforts of those agencies and 
 21.9   takes into account all money available for preventing or 
 21.10  reducing violence from any source; 
 21.11     (5) submit the strategy to the governor by January 15 of 
 21.12  each calendar year, along with a summary of activities occurring 
 21.13  during the previous year to prevent or reduce violence 
 21.14  experienced by children, young people, and their families; and 
 21.15     (6) assist appropriate professional and occupational 
 21.16  organizations, including organizations of law enforcement 
 21.17  officers, prosecutors, and educators, in developing and 
 21.18  operating informational and training programs to improve the 
 21.19  effectiveness of activities to prevent or reduce violence within 
 21.20  the family or community; and 
 21.21     (7) take other actions deemed necessary to reduce the 
 21.22  incidence of crime. 
 21.23     The commissioner also may, through this program, support 
 21.24  activities and strategies of the criminal gang council and 
 21.25  strike force as specified in sections 299A.64, 299A.65, and 
 21.26  299A.66. 
 21.27     (b) The assistant commissioner shall gather and make 
 21.28  available information on prevention and supply reduction 
 21.29  activities throughout the state, foster cooperation among 
 21.30  involved state and local agencies, and assist agencies and 
 21.31  public officials in training and other programs designed to 
 21.32  improve the effectiveness of prevention and supply reduction 
 21.33  activities. 
 21.34     (c) The assistant commissioner shall coordinate the 
 21.35  distribution of funds received by the state of Minnesota through 
 21.36  the federal Anti-Drug Abuse Act.  The assistant commissioner 
 22.1   shall recommend to the commissioner determine recipients of 
 22.2   grants under sections 119A.30 and 299A.33, after consultation 
 22.3   with the chemical abuse prevention resource council. 
 22.4      (d) The assistant commissioner shall: 
 22.5      (1) after consultation with all state agencies involved in 
 22.6   prevention or supply reduction activities, develop a state 
 22.7   chemical abuse and dependency strategy encompassing the efforts 
 22.8   of those agencies and taking into account all money available 
 22.9   for prevention and supply reduction activities, from any source; 
 22.10     (2) submit the strategy to the governor by January 15 of 
 22.11  each year, along with a summary of prevention and supply 
 22.12  reduction activities during the preceding calendar year; 
 22.13     (3) assist appropriate professional and occupational 
 22.14  organizations, including organizations of law enforcement 
 22.15  officers, prosecutors, and educators, in developing and 
 22.16  operating informational and training programs to improve the 
 22.17  effectiveness of prevention and supply reduction activities; 
 22.18     (4) provide information, including information on drug 
 22.19  trends, and assistance to state and local agencies, both 
 22.20  directly and by functioning as a clearinghouse for information 
 22.21  from other agencies; 
 22.22     (5) facilitate cooperation among drug program agencies; and 
 22.23     (6) in coordination with the chemical abuse prevention 
 22.24  resource council, review, approve, and coordinate the 
 22.25  administration of prevention, criminal justice, and treatment 
 22.26  grants. 
 22.27     Sec. 2.  Minnesota Statutes 1998, section 119A.28, 
 22.28  subdivision 2, is amended to read: 
 22.29     Subd. 2.  [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 
 22.30  furtherance of the general purpose specified in subdivision 1, 
 22.31  the council shall: 
 22.32     (1) assist state agencies in the coordination of drug 
 22.33  policies and programs and in the provision of services to other 
 22.34  units of government, communities, and citizens; 
 22.35     (2) promote among state agencies policies to achieve 
 22.36  uniformity in state and federal grant programs and to streamline 
 23.1   those programs; 
 23.2      (3) oversee comprehensive data collection and research and 
 23.3   evaluation of alcohol and drug program activities; 
 23.4      (4) seek the advice and counsel of appropriate interest 
 23.5   groups and advise the assistant commissioner of the office of 
 23.6   drug policy and violence prevention public safety; 
 23.7      (5) seek additional private funding for community-based 
 23.8   programs and research and evaluation; 
 23.9      (6) evaluate whether law enforcement narcotics task forces 
 23.10  should be reduced in number and increased in geographic size, 
 23.11  and whether new sources of funding are available for the task 
 23.12  forces; 
 23.13     (7) continue to promote clarity of roles among federal, 
 23.14  state, and local law enforcement activities; and 
 23.15     (8) establish criteria to evaluate law enforcement drug 
 23.16  programs. 
 23.17     Sec. 3.  Minnesota Statutes 1998, section 119A.28, 
 23.18  subdivision 3, is amended to read: 
 23.19     Subd. 3.  [GRANT PROGRAMS.] The council shall, in 
 23.20  coordination with the assistant commissioner of the office of 
 23.21  drug policy and violence prevention, review and approve state 
 23.22  agency plans regarding the use of federal funds for programs to 
 23.23  reduce chemical abuse or reduce the supply of controlled 
 23.24  substances.  The appropriate state agencies would have 
 23.25  responsibility for management of state and federal drug grant 
 23.26  programs. 
 23.27     Sec. 4.  Minnesota Statutes 1998, section 119A.29, 
 23.28  subdivision 1, is amended to read: 
 23.29     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 23.30  commissioner of children, families, and learning public safety 
 23.31  may establish pilot projects at neighborhood centers serving 
 23.32  youths between the ages of 11 to 21.  The centers may offer 
 23.33  recreational activities, social services, meals, job skills and 
 23.34  career services, and provide referrals for youths to other 
 23.35  available services outside the centers.  The commissioner may 
 23.36  consult with other appropriate agencies and, to the extent 
 24.1   possible, use existing resources and staff in creating the 
 24.2   programs.  The commissioner shall ensure that the programs, if 
 24.3   offered, are adequately staffed by specially trained personnel 
 24.4   and outreach street workers.  Each center may integrate 
 24.5   community volunteers into the program's activities and services 
 24.6   and cooperate with local law enforcement agencies.  The centers 
 24.7   must be open during hours convenient to youths including 
 24.8   evenings, weekends, and extended summer hours.  However, there 
 24.9   may not be any conflicts with truancy laws.  Each center must 
 24.10  have a plan for evaluation designed to measure the program's 
 24.11  effectiveness in aiding youths. 
 24.12     Sec. 5.  Minnesota Statutes 1998, section 119A.31, 
 24.13  subdivision 3, is amended to read: 
 24.14     Subd. 3.  [REPORT.] The commissioner shall submit a written 
 24.15  report to the children's cabinet and chairs of the committees of 
 24.16  the senate and house of representatives with jurisdiction over 
 24.17  criminal justice policy and funding of crime prevention 
 24.18  programs, by February 1 each year, based on the information 
 24.19  provided by applicants under this subdivision. 
 24.20     Sec. 6.  Minnesota Statutes 1998, section 119A.32, is 
 24.21  amended to read: 
 24.22     119A.32 [OTHER DUTIES.] 
 24.23     The assistant commissioner assigned to the office of drug 
 24.24  policy and violence prevention of public safety, in consultation 
 24.25  with the chemical abuse and violence prevention council, shall: 
 24.26     (1) provide information and assistance upon request to 
 24.27  school preassessment teams established under section 121A.26 and 
 24.28  school and community advisory teams established under section 
 24.29  121A.27; 
 24.30     (2) provide information and assistance upon request to the 
 24.31  state board of pharmacy with respect to the board's enforcement 
 24.32  of chapter 152; 
 24.33     (3) cooperate with and provide information and assistance 
 24.34  upon request to the alcohol and other drug abuse section in the 
 24.35  department of human services; 
 24.36     (4) assist in coordinating coordinate the policy of the 
 25.1   office with that of the narcotic enforcement unit in the bureau 
 25.2   of criminal apprehension; and 
 25.3      (5) coordinate the activities of the regional drug task 
 25.4   forces, provide assistance and information to them upon request, 
 25.5   and assist in the formation of task forces in areas of the state 
 25.6   in which no task force operates. 
 25.7      Sec. 7.  Minnesota Statutes 1998, section 119A.33, is 
 25.8   amended to read: 
 25.9      119A.33 [COOPERATION OF OTHER AGENCIES.] 
 25.10     State agencies, and agencies and governing bodies of 
 25.11  political subdivisions, shall cooperate with the assistant 
 25.12  commissioner assigned to the office of drug policy commissioner 
 25.13  of public safety and shall provide any public information 
 25.14  requested by the assistant commissioner assigned to the office 
 25.15  of drug policy. 
 25.16     Sec. 8.  Minnesota Statutes 1998, section 119A.34, 
 25.17  subdivision 3, is amended to read: 
 25.18     Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant 
 25.19  commissioner of the office of drug policy public safety may 
 25.20  award a grant to a county, multicounty organization, or city, as 
 25.21  described in subdivision 1, for establishing and operating a 
 25.22  multidisciplinary chemical abuse prevention team.  The assistant 
 25.23  commissioner may approve up to five applications for grants 
 25.24  under this subdivision.  The grant funds must be used to 
 25.25  establish a multidisciplinary chemical abuse prevention team to 
 25.26  carry out the duties in subdivision 2. 
 25.27     Sec. 9.  Minnesota Statutes 1998, section 119A.34, 
 25.28  subdivision 4, is amended to read: 
 25.29     Subd. 4.  [ASSISTANT COMMISSIONER; ADMINISTRATION OF 
 25.30  GRANTS.] The assistant commissioner shall develop a process for 
 25.31  administering grants under subdivision 3.  The process must be 
 25.32  compatible with the community grant program under the Drug Free 
 25.33  Schools and Communities Act, Public Law Number 100-690.  The 
 25.34  process for administering the grants must include establishing 
 25.35  criteria the assistant commissioner shall apply in awarding 
 25.36  grants.  The assistant commissioner shall issue requests for 
 26.1   proposals for grants under subdivision 3.  The request must be 
 26.2   designed to obtain detailed information about the applicant and 
 26.3   other information the assistant commissioner considers necessary 
 26.4   to evaluate and select a grant recipient.  The applicant shall 
 26.5   submit a proposal for a grant on a form and in a manner 
 26.6   prescribed by the assistant commissioner.  The assistant 
 26.7   commissioner shall award grants under this section so that 50 
 26.8   percent of the funds appropriated for the grants go to the 
 26.9   metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 
 26.10  Ramsey, Scott, and Washington counties, and 50 percent of the 
 26.11  funds go to the area outside the metropolitan area.  The process 
 26.12  for administering the grants must also include procedures for 
 26.13  monitoring the recipients' use of grant funds and reporting 
 26.14  requirements for grant recipients. 
 26.15     Sec. 10.  Minnesota Statutes 1998, section 256.486, 
 26.16  subdivision 1, is amended to read: 
 26.17     Subdivision 1.  [GRANT PROGRAM.] The commissioner of human 
 26.18  services public safety shall establish a grant program for 
 26.19  coordinated, family-based crime intervention and prevention 
 26.20  services for Asian-American youth.  The commissioners of human 
 26.21  services, children, families, and learning, and public safety 
 26.22  shall work together to coordinate grant activities. 
 26.23     Sec. 11.  Minnesota Statutes 1998, section 256.486, 
 26.24  subdivision 2, is amended to read: 
 26.25     Subd. 2.  [GRANT RECIPIENTS.] The commissioner, in 
 26.26  consultation with the Asian-Pacific council, shall award grants 
 26.27  in amounts up to $150,000 to agencies based in the 
 26.28  Asian-American community that have experience providing 
 26.29  coordinated, family-based community services to Asian-American 
 26.30  youth and families. 
 26.31     Sec. 12.  [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN, 
 26.32  FAMILIES, AND LEARNING.] 
 26.33     The powers and duties of the department of children, 
 26.34  families, and learning with respect to the office of drug policy 
 26.35  and violence prevention and community advisory violence 
 26.36  prevention council under Minnesota Statutes 1998, sections 
 27.1   119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 
 27.2   119A.33, and 119A.34, are transferred to the department of 
 27.3   public safety under Minnesota Statutes, section 15.039. 
 27.4      Sec. 13.  [299A.2893] [CRIMINAL GANG PREVENTION AND 
 27.5   INTERVENTION GRANT PROGRAM.] 
 27.6      Subdivision 1.  [PROGRAM DESCRIBED.] The commissioner shall 
 27.7   administer a criminal gang prevention and intervention grant 
 27.8   program and may make grants to assist organizations engaged in 
 27.9   offering services to: 
 27.10     (1) help gang members separate themselves, or remain 
 27.11  separated, from their gang affiliation; and 
 27.12     (2) prevent individuals from becoming affiliated with gangs.
 27.13  The commissioner shall develop a grant application that 
 27.14  specifies the eligibility criteria for receiving grants.  The 
 27.15  commissioner may require grant recipients to match a percentage 
 27.16  of the grant. 
 27.17     Subd. 2.  [ELIGIBILITY FOR GRANTS.] An organization must 
 27.18  meet the following criteria to be eligible for a grant under 
 27.19  this section: 
 27.20     (1) it must be a private, nonprofit organization or a local 
 27.21  public agency; 
 27.22     (2) it must offer and provide to clients of the program 
 27.23  services to help gang members terminate their affiliation with 
 27.24  gangs, help former gang members to continue to remain separated 
 27.25  from their gang affiliation, or prevent youths from becoming 
 27.26  affiliated with gangs; and 
 27.27     (3) it must provide matching funds or in-kind services in 
 27.28  compliance with the formula set by the commissioner, if any. 
 27.29     Subd. 3.  [SERVICES TO BE OFFERED.] The services offered by 
 27.30  grant recipients may include educational, recreational, and 
 27.31  community service opportunities; job skills and life skills 
 27.32  development; medical services; counseling; and other appropriate 
 27.33  services. 
 27.34     Subd. 4.  [REPORT TO LEGISLATURE.] By January 15 of each 
 27.35  year, the commissioner shall report to the chairs of the senate 
 27.36  and house committees and divisions having jurisdiction over 
 28.1   criminal justice funding on grants made under this section. 
 28.2      Sec. 14.  [299A.2895] [CRIMINAL GANG PREVENTION AND 
 28.3   INTERVENTION ACCOUNT.] 
 28.4      The criminal gang prevention and intervention account is an 
 28.5   account in the state treasury.  Money in the account consists of 
 28.6   money transferred to it pursuant to section 609.5315, 
 28.7   subdivision 5b.  The money in the account is annually 
 28.8   appropriated to the commissioner to make the grants described in 
 28.9   section 299A.2893. 
 28.10     Sec. 15.  [299A.75] [DEFINITIONS.] 
 28.11     Subdivision 1.  [SCOPE.] The terms used in sections 299A.75 
 28.12  to 299A.81 have the meanings given them in this section. 
 28.13     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 28.14  commissioner of public safety. 
 28.15     Subd. 3.  [TEAM.] "Team" means a critical incident stress 
 28.16  management (CISM) team organized under an emergency medical 
 28.17  service (EMS) regional program grant or by a nonprofit venture 
 28.18  CISM team. 
 28.19     Subd. 4.  [FAST.] "FAST" means a fire assistance support 
 28.20  team recognized by the joint council. 
 28.21     Subd. 5.  [JOINT COUNCIL.] "Joint council" means the 
 28.22  Minnesota Fire Services Joint Council organized by the Minnesota 
 28.23  State Fire Chief's Association, the Minnesota Professional Fire 
 28.24  Fighters, and the Minnesota State Fire Department Association 
 28.25  and maintained by these organizations. 
 28.26     Sec. 16.  [299A.76] [CISM, FAST GRANT PROGRAM ESTABLISHED.] 
 28.27     A critical incident stress management, fire assistance 
 28.28  support team grant program is established to be administered by 
 28.29  the commissioner, consisting of grants to CISM teams to enable 
 28.30  them to enhance the effectiveness of their responses to public 
 28.31  safety employee and employer requests, or to FAST for responses 
 28.32  to catastrophic incidents. 
 28.33     Sec. 17.  [299A.77] [GRANT ELIGIBILITY; CISM TEAM.] 
 28.34     To be eligible for a grant under this program, a CISM team 
 28.35  must: 
 28.36     (1) be available to respond to a request by emergency 
 29.1   personnel 24 hours per day; 
 29.2      (2) be recognized by one or more of the eight emergency 
 29.3   medical services regional programs or at least two fire or 
 29.4   police departments within the state; 
 29.5      (3) submit a written plan for the proposed expenditures to 
 29.6   enhance the effectiveness of CISM responses or to reimburse 
 29.7   actual team expenses incurred during a response; and 
 29.8      (4) apply for the grant according to procedures to be 
 29.9   established for this program by the commissioner and receive 
 29.10  approval from the commissioner.  
 29.11     Sec. 18.  [299A.78] [GRANT ELIGIBILITY; FAST.] 
 29.12     To be eligible for a grant under this program, a FAST must: 
 29.13     (1) be available to respond to a request from a fire 
 29.14  department recognized by the state fire marshal; 
 29.15     (2) have responded to a request for assistance in a 
 29.16  situation beyond the normal expected operation of the department 
 29.17  and beyond the capacity of that department's mutual aid 
 29.18  agreements; 
 29.19     (3) submit written documentation outlining costs incurred, 
 29.20  activities to assist the department, and the plan developed for 
 29.21  the department to facilitate a transition back to normal; and 
 29.22     (4) apply for the grant according to procedures to be 
 29.23  established for this program by the commissioner and receive 
 29.24  approval from the commissioner. 
 29.25     Sec. 19.  [299A.79] [GRANT APPLICATION.] 
 29.26     Subdivision 1.  [PROCEDURES; RULES.] A grant application 
 29.27  must be submitted to the commissioner according to the 
 29.28  procedures established by rule.  The grant application must 
 29.29  include a specific description of the plan for enhancing the 
 29.30  effectiveness of responses or receipts for actual expenses 
 29.31  incurred. 
 29.32     Subd. 2.  [APPROVAL.] The commissioner shall approve a 
 29.33  grant application only if it meets the criteria for eligibility 
 29.34  as established and announced by the commissioner and if there 
 29.35  are sufficient funds remaining in the grant program to cover the 
 29.36  amount of the grant.  The commissioner may request modifications 
 30.1   to the plan.  If the commissioner rejects a grant application, 
 30.2   written reasons for the rejection must be provided to the 
 30.3   applicant.  The applicant may modify the application and 
 30.4   resubmit it. 
 30.5      Sec. 20.  [299A.80] [PLAN; QUALIFYING USES.] 
 30.6      The commissioner shall determine whether the plan will 
 30.7   enable a team to enhance its effectiveness during a response or 
 30.8   the expenses are related to an effective CISM activity or FAST 
 30.9   response. 
 30.10     Sec. 21.  [299A.81] [GRANT AMOUNT.] 
 30.11     The amount of each grant must be determined by the 
 30.12  commissioner and may not exceed the lesser of: 
 30.13     (1) the amount specified in the grant application to be 
 30.14  spent on the plan or to cover the receipted expenses; 
 30.15     (2) 25 percent of the balance of the grant fund; or 
 30.16     (3) 50 percent of the applicant's annual budget.  This 
 30.17  clause does not apply to FAST while the normal program costs are 
 30.18  being borne by the joint council.  If separate budgeting is 
 30.19  established, then this clause is applicable. 
 30.20     Sec. 22.  Minnesota Statutes 1998, section 299C.65, 
 30.21  subdivision 2, is amended to read: 
 30.22     Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
 30.23  an annual report with the governor, supreme court, and 
 30.24  legislature by December 1 of each even-numbered year.  
 30.25     The report must make recommendations concerning any 
 30.26  legislative changes or appropriations that are needed to ensure 
 30.27  that the criminal justice information systems operate accurately 
 30.28  and efficiently.  To assist them in developing their 
 30.29  recommendations, the chair, the commissioners, and the 
 30.30  administrator shall appoint a task force consisting of the 
 30.31  members of the criminal and juvenile justice information policy 
 30.32  group or their designees and the following additional members:  
 30.33     (1) the director of the office of strategic and long-range 
 30.34  planning; 
 30.35     (2) two sheriffs recommended by the Minnesota sheriffs 
 30.36  association; 
 31.1      (3) two police chiefs recommended by the Minnesota chiefs 
 31.2   of police association; 
 31.3      (4) two county attorneys recommended by the Minnesota 
 31.4   county attorneys association; 
 31.5      (5) two city attorneys recommended by the Minnesota league 
 31.6   of cities; 
 31.7      (6) two public defenders appointed by the board of public 
 31.8   defense; 
 31.9      (7) two district judges appointed by the conference of 
 31.10  chief judges, one of whom is currently assigned to the juvenile 
 31.11  court; 
 31.12     (8) two community corrections administrators recommended by 
 31.13  the Minnesota association of counties, one of whom represents a 
 31.14  community corrections act county; 
 31.15     (9) two probation officers; 
 31.16     (10) two four public members, one of whom has been a victim 
 31.17  of crime, and two who are representatives of the private 
 31.18  business community who have expertise in integrated information 
 31.19  systems; 
 31.20     (11) two court administrators; 
 31.21     (12) two members one member of the house of representatives 
 31.22  appointed by the speaker of the house; and 
 31.23     (13) two members one member of the senate appointed by the 
 31.24  majority leader.; 
 31.25     (14) the attorney general or a designee; 
 31.26     (15) the commissioner of administration or a designee; 
 31.27     (16) an individual recommended by the Minnesota league of 
 31.28  cities; and 
 31.29     (17) an individual recommended by the Minnesota association 
 31.30  of counties. 
 31.31  In making these appointments, the appointing authority shall 
 31.32  select members with expertise in integrated data systems or best 
 31.33  practices.  
 31.34     Sec. 23.  Minnesota Statutes 1998, section 299C.65, 
 31.35  subdivision 5, is amended to read: 
 31.36     Subd. 5.  [REVIEW OF FUNDING REQUEST AND GRANT 
 32.1   REQUESTS.] (a) The criminal and juvenile justice information 
 32.2   policy group shall review the funding requests for criminal 
 32.3   justice information systems from state, county, and municipal 
 32.4   government agencies.  The policy group shall review the requests 
 32.5   for compatibility to statewide criminal justice information 
 32.6   systems.  The review shall be forwarded to the chairs of the 
 32.7   house judiciary committee and judiciary finance division, and 
 32.8   the chairs of the senate crime prevention committee and crime 
 32.9   prevention and judiciary finance division. 
 32.10     (b) The policy group shall also review funding requests for 
 32.11  criminal justice information systems grants to be made by the 
 32.12  commissioner of public safety as provided in this section.  
 32.13  Within the limits of available appropriations, the commissioner 
 32.14  of public safety shall make grants for projects that have been 
 32.15  approved by the policy group. 
 32.16     (c) If a funding request is for development of a 
 32.17  comprehensive criminal justice information integration plan, the 
 32.18  policy group shall ensure that the request contains the 
 32.19  components specified in subdivision 6.  If a funding request is 
 32.20  for implementation of a plan or other criminal justice 
 32.21  information systems project, the policy group shall ensure that: 
 32.22     (1) the government agency has adopted a comprehensive plan 
 32.23  that complies with subdivision 6; 
 32.24     (2) the request contains the components specified in 
 32.25  subdivision 7; and 
 32.26     (3) the request demonstrates that it is consistent with the 
 32.27  government agency's comprehensive plan. 
 32.28     Sec. 24.  Minnesota Statutes 1998, section 299C.65, is 
 32.29  amended by adding a subdivision to read: 
 32.30     Subd. 6.  [DEVELOPMENT OF INTEGRATION PLAN.] (a) If a 
 32.31  funding request is for funds to develop a comprehensive criminal 
 32.32  justice information integration plan to integrate all systems 
 32.33  within a jurisdiction, the requesting agency must submit to the 
 32.34  policy group a request that contains the following components: 
 32.35     (1) the vision, mission, goals, objectives, and scope of 
 32.36  the integration plan; 
 33.1      (2) a statement of need identifying problems, 
 33.2   inefficiencies, gaps, overlaps, and barriers within the 
 33.3   requesting agency's jurisdiction, including those related to 
 33.4   current systems and interfaces, business practices, policies, 
 33.5   laws, and rules; 
 33.6      (3) a list of agency heads and staff who will direct the 
 33.7   effort and a statement demonstrating collaboration among all of 
 33.8   the agencies involved; 
 33.9      (4) a statement of how the integration plan would integrate 
 33.10  all systems within the six major business functions of the 
 33.11  criminal justice community, including incident reporting, 
 33.12  investigation, arrest, detention, adjudication, and disposition, 
 33.13  including postsentence supervision and treatment, and related 
 33.14  civil, family, and human services proceedings, processes, and 
 33.15  services; 
 33.16     (5) a statement demonstrating that the requesting agency 
 33.17  has consulted with individuals involved in day-to-day business 
 33.18  practices, use, and operation of current criminal justice 
 33.19  information systems so as to identify barriers and gaps; 
 33.20     (6) a planning methodology that results in at least the 
 33.21  following deliverables: 
 33.22     (i) proposed adjustments to the state's criminal justice 
 33.23  data model, including data policy problems and proposed changes; 
 33.24     (ii) a function and process model that includes business 
 33.25  process improvement and redesign opportunities, prioritized 
 33.26  business change objectives, and short-term opportunities for 
 33.27  improvement that can be pursued immediately while developing and 
 33.28  implementing the long-range integration plan; 
 33.29     (iii) a technology model that includes network, 
 33.30  communication, and security standards and guidelines; 
 33.31     (iv) an application architecture; 
 33.32     (v) a complete gap analysis that includes identification of 
 33.33  gaps, omissions, and redundancies in the collection and 
 33.34  dissemination of criminal justice information in the requesting 
 33.35  agency's jurisdiction; 
 33.36     (vi) an assessment of current and alternative directions 
 34.1   for business practices, applications, and technology, ranging 
 34.2   from simple modifications to complete redesign; 
 34.3      (vii) a business process redesign model, showing existing 
 34.4   and redesigned process and process vision, future performance 
 34.5   targets, design principles, new process flow, and benefits; and 
 34.6      (viii) a long-range integration plan that includes time 
 34.7   frames for the retirement, renewal, or redevelopment of systems 
 34.8   and applications identified in clauses (i) to (vii) along with 
 34.9   justification based on age, business processes not supported, 
 34.10  and data deficiencies; 
 34.11     (7) projected timelines for developing and implementing the 
 34.12  plan; 
 34.13     (8) a preliminary evaluation and discussion of candidate 
 34.14  solutions and outcomes; 
 34.15     (9) an estimate of the resources needed to develop, 
 34.16  implement, operate, and maintain the integration plan and 
 34.17  resulting systems, including, but not limited to, financial, 
 34.18  personnel, technology, and training resources; 
 34.19     (10) a statement that the final integration plan will 
 34.20  contain all the components in this subdivision in final form 
 34.21  rather than as estimates or projections; 
 34.22     (11) an identification of how the applicant will satisfy 
 34.23  the match requirements of subdivision 8; and 
 34.24     (12) any other matters the policy group deems necessary for 
 34.25  successful development or implementation of the integration plan 
 34.26  and resulting systems. 
 34.27     (b) An agency may submit an interim integration plan to the 
 34.28  policy group if it identifies high priority integration tasks 
 34.29  during the development of the integration plan.  The interim 
 34.30  plan shall identify the tasks and the business case for 
 34.31  completing these tasks in advance of completing the entire plan. 
 34.32     Sec. 25.  Minnesota Statutes 1998, section 299C.65, is 
 34.33  amended by adding a subdivision to read: 
 34.34     Subd. 7.  [IMPLEMENTATION OF INTEGRATION PLAN.] If the 
 34.35  request is for funds to implement an integration plan, the 
 34.36  requesting agency must submit the following to the policy group: 
 35.1      (1) an integration plan containing the components described 
 35.2   in subdivision 6; 
 35.3      (2) a description of how implementation of the integration 
 35.4   plan will improve operation of the criminal justice system in 
 35.5   the requesting agency's jurisdiction; 
 35.6      (3) an identification of how the applicant will satisfy the 
 35.7   match requirement in subdivision 8; and 
 35.8      (4) a means for evaluating outcomes of the plan's 
 35.9   implementation. 
 35.10     Sec. 26.  Minnesota Statutes 1998, section 299C.65, is 
 35.11  amended by adding a subdivision to read: 
 35.12     Subd. 8.  [LOCAL MATCH.] The policy group may approve 
 35.13  grants only if the applicant provides matching funds to pay 
 35.14  one-half of the costs of developing or implementing the 
 35.15  integration plan.  The policy group shall adopt policies 
 35.16  concerning the use of in kind resources to satisfy a portion of 
 35.17  the match requirement and the sources from which matching funds 
 35.18  may be obtained. 
 35.19     Sec. 27.  Minnesota Statutes 1998, section 299C.65, is 
 35.20  amended by adding a subdivision to read: 
 35.21     Subd. 9.  [DOCUMENTATION AND REPORTING REQUIREMENTS.] Every 
 35.22  recipient of matching funds to develop or implement an 
 35.23  integration plan shall submit to the policy group all requested 
 35.24  documentation, including final plans and a report evaluating 
 35.25  whether and how the development or implementation of the 
 35.26  integration plan improved the operation of the criminal justice 
 35.27  system in the requesting agency's jurisdiction.  The policy 
 35.28  group shall establish the recipient's reporting dates at the 
 35.29  time funds are awarded.  
 35.30     Sec. 28.  [299L.09] [LIQUOR LAW COMPLIANCE CHECK GRANT 
 35.31  PROGRAM.] 
 35.32     The commissioner may award grants to local units of 
 35.33  government to conduct compliance checks for on-sale and off-sale 
 35.34  intoxicating liquor license holders.  The compliance checks must 
 35.35  determine whether the license holder is complying with section 
 35.36  340A.503. To qualify for a grant under this section, a local 
 36.1   unit of government must conduct at least one compliance check a 
 36.2   year for each license holder in its jurisdiction.  By December 1 
 36.3   of each year, grant recipients shall report to the commissioner 
 36.4   on how grant money was used, including information on compliance 
 36.5   checks conducted in the preceding 12 months. 
 36.6      Sec. 29.  [REGIONAL ADULT DETENTION FACILITY CONSTRUCTION 
 36.7   PLANNING GRANTS.] 
 36.8      Subdivision 1.  [GRANT PROGRAM ESTABLISHED; CONTENTS OF 
 36.9   REQUIRED PLANS.] The supreme court, through the state court 
 36.10  administrator, shall make grants under this section to judicial 
 36.11  districts, groups of two or more counties, or groups that 
 36.12  include at least one county or judicial district and a tribal 
 36.13  government, to plan the construction of regional adult detention 
 36.14  facilities.  Grant recipients shall use the money to develop a 
 36.15  plan that, at a minimum, must include the following items 
 36.16  related to the facility, if known: its location, its inmate 
 36.17  capacity, any services to be offered to inmates, its 
 36.18  construction costs, its per diem and operating costs, and its 
 36.19  number of beds, if any, that will be available for use by 
 36.20  counties or other entities outside the judicial district.  If 
 36.21  the amount of the grant permits, the recipient shall conduct a 
 36.22  predesign study for the proposed facility. 
 36.23     Subd. 2.  [GRANT DISTRIBUTION.] The state court 
 36.24  administrator shall distribute grants equitably across the state 
 36.25  so that the planning needs of each judicial district for 
 36.26  construction of regional adult detention facilities are 
 36.27  addressed.  The state court administrator shall award grants and 
 36.28  determine the amount of grants in a manner that attempts to 
 36.29  bring judicial districts across the state to a uniform level of 
 36.30  planning for the construction of regional adult detention 
 36.31  facilities.  To further this goal, if the state court 
 36.32  administrator determines that the planning contemplated by this 
 36.33  section has already been conducted for a judicial district, the 
 36.34  administrator shall increase the amount of grants to recipients 
 36.35  from districts not as far advanced in the planning process to 
 36.36  bring these districts up to the level of the districts that have 
 37.1   conducted planning. 
 37.2      Subd. 3.  [REPORT REQUIRED.] (a) By January 15, 2000, the 
 37.3   state court administrator shall report to the chairs and ranking 
 37.4   minority members of the senate and house committees or divisions 
 37.5   having jurisdiction over criminal justice funding on grants made 
 37.6   pursuant to this section. 
 37.7      (b) By January 15, 2000, recipients of grants shall forward 
 37.8   the plans funded by the grant to the chairs and ranking minority 
 37.9   members of the senate and house committees or divisions having 
 37.10  jurisdiction over criminal justice funding. 
 37.11     Sec. 30.  [HENNEPIN COUNTY COMMUNITY SERVICE GRANT PROGRAM 
 37.12  PILOT PROJECT.] 
 37.13     Subdivision 1.  [GRANT PROGRAM.] Hennepin county shall 
 37.14  establish and administer a pilot project grant program to fund 
 37.15  community-based programs in high-crime areas that provide 
 37.16  opportunities for children under age 16 to volunteer for and 
 37.17  perform community service.  Programs qualifying for grants must 
 37.18  encourage responsibility and good citizenship on the part of 
 37.19  participating children and discourage them from engaging in 
 37.20  illegal activities or associating with criminal gangs.  Programs 
 37.21  receiving grants may provide children who perform community 
 37.22  service with appropriate nonmonetary rewards including, but not 
 37.23  limited to, partial scholarships for post-secondary education, 
 37.24  gift certificates, tickets for entertainment, parties, and group 
 37.25  outings. 
 37.26     Subd. 2.  [ELIGIBILITY CRITERIA.] Hennepin county shall 
 37.27  establish criteria for determining the community-based programs 
 37.28  eligible for grants under subdivision 1.  Eligible programs must:
 37.29     (1) have a broad network of established economic and social 
 37.30  relationships within the community and with local governmental 
 37.31  units; 
 37.32     (2) represent a broad range of diversity; 
 37.33     (3) have demonstrated an ability to administer 
 37.34  community-based programs and have a history of successful 
 37.35  community organizing; 
 37.36     (4) have a proven history of properly supervising and 
 38.1   successfully interacting with juveniles; and 
 38.2      (5) have demonstrated an ability to work with parents of 
 38.3   juveniles and schools. 
 38.4      Subd. 3.  [REPORT REQUIRED.] By January 15, 2002, Hennepin 
 38.5   county shall submit a detailed report to the chairs and ranking 
 38.6   minority members of the senate and house committees and 
 38.7   divisions having jurisdiction over criminal justice funding on 
 38.8   grants made under this subdivision, including information on how 
 38.9   the grant recipients used the money. 
 38.10     Sec. 31.  [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 
 38.11  TO CRIME VICTIMS AND WITNESSES.] 
 38.12     Subdivision 1.  [PROGRAM ESTABLISHED.] The executive 
 38.13  director of the center for crime victim services shall 
 38.14  administer a pilot project grant program and make grants to 
 38.15  nonprofit organizations to provide neighborhood-based services 
 38.16  to victims and witnesses of crime during the period between the 
 38.17  occurrence of the crime and the filing of charges against the 
 38.18  alleged perpetrator.  Grant recipients must target victims and 
 38.19  witnesses of crime from groups that currently underreport crime, 
 38.20  including recent immigrants or refugees, communities of color, 
 38.21  and victims of bias-motivated crime.  Services must be provided 
 38.22  in locations and at times typically convenient to prospective 
 38.23  clients.  The types of services that may be offered by grant 
 38.24  recipients are those that attempt to address the lack of trust 
 38.25  and understanding that prospective clients have of the criminal 
 38.26  justice system and include legal advice and advocacy services.  
 38.27  The executive director shall ensure that grants under this 
 38.28  section fund pilot projects offering the described services in 
 38.29  at least five locations throughout the state. 
 38.30     Subd. 2.  [REQUIRED REPORT.] By January 15, 2002, the 
 38.31  executive director shall report to the chairs and ranking 
 38.32  minority members of the senate and house committees and 
 38.33  divisions having jurisdiction over criminal justice funding on 
 38.34  the grants made and pilot projects funded under this section. 
 38.35     Sec. 32.  [KID CARE PILOT PROJECT GRANT PROGRAM.] 
 38.36     Subdivision 1.  [GRANT PROGRAM ESTABLISHED.] The 
 39.1   commissioner of public safety shall administer a two-year pilot 
 39.2   project grant program to improve the provision of instruction in 
 39.3   child care services to at-risk youth.  The commissioner shall 
 39.4   award grants to local units of a congressionally chartered 
 39.5   national private nonprofit humanitarian organization that 
 39.6   provides relief to victims of disasters and helps people 
 39.7   prevent, prepare for, and respond to emergencies.  At least one 
 39.8   of the pilot program sites must be located in the seven-county 
 39.9   metropolitan area and at least one must be located outside the 
 39.10  seven-county metropolitan area.  
 39.11     Subd. 2.  [GRANT PROGRAM DESCRIBED.] Grant recipients shall 
 39.12  recruit and coordinate the efforts of community-based 
 39.13  organizations to promote, recruit, and train young people who 
 39.14  are caring for youths at risk of injury, death, criminal or 
 39.15  antisocial behavior, or other harm due to a lack of proper 
 39.16  supervision and care.  Grant recipients shall train the staffs 
 39.17  of these organizations so that they, in turn, may train child 
 39.18  care providers.  In addition to issues related to proper child 
 39.19  care, the training provided to providers must emphasize core 
 39.20  life skills.  
 39.21     Subd. 3.  [REQUIRED REPORT.] By January 15, 2002, the 
 39.22  commissioner shall report to the chairs and ranking minority 
 39.23  members of the senate and house of representatives committees or 
 39.24  divisions having jurisdiction over criminal justice funding on 
 39.25  grants awarded under this section. 
 39.26     Sec. 33.  [PILOT PROJECT FOR COMMUNITY JUSTICE ZONE IN 
 39.27  DAKOTA COUNTY.] 
 39.28     Subdivision 1.  [PILOT PROJECT ESTABLISHED.] Dakota county 
 39.29  is authorized to establish a community justice zone pilot 
 39.30  project that includes the redesign of juvenile court. 
 39.31     Subd. 2.  [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota 
 39.32  county shall select two or three communities within Dakota 
 39.33  county as sites for the pilot project.  Within each community 
 39.34  selected, the Dakota county juvenile court and the department of 
 39.35  community corrections shall identify organizations to serve as 
 39.36  partners in the redesign of juvenile court and development of 
 40.1   community justice zones.  The partner organizations shall 
 40.2   include schools, social service agencies, law enforcement 
 40.3   agencies, city officials, housing representatives, community 
 40.4   groups, and faith communities.  The juvenile court and 
 40.5   department of community corrections shall meet with 
 40.6   representatives of the partner organizations to identify common 
 40.7   values and to adopt an action plan.  The action plan may 
 40.8   include, but not be limited to, any or all of the following: 
 40.9      (1) community forums with criminal justice system 
 40.10  representatives; 
 40.11     (2) community notification and involvement in prison 
 40.12  release cases; 
 40.13     (3) development of a criminal justice team with a community 
 40.14  prosecutor, local police officers, and probation officers; 
 40.15     (4) a prosecutor outreach program in designated community 
 40.16  schools; 
 40.17     (5) support circles for supervised release offenders; 
 40.18     (6) probation and police teams; 
 40.19     (7) expansion of circle sentencing and development of 
 40.20  guidelines for circle sentencing; 
 40.21     (8) probation officers working out of police stations; 
 40.22     (9) peace officer and probation officer ride-along 
 40.23  programs; 
 40.24     (10) expansion of school-based probation; and 
 40.25     (11) crime prevention outreach through local cable 
 40.26  television and other media outlets. 
 40.27     Subd. 3.  [REPORT.] The Dakota county community corrections 
 40.28  department with the Dakota county juvenile court shall report to 
 40.29  the house and senate committees responsible for criminal justice 
 40.30  policy by January 15, 2001, with an evaluation of the project 
 40.31  and recommendations for implementation in other jurisdictions. 
 40.32     Sec. 34.  [RESIDENTIAL PROGRAMS FOR WOMEN LEAVING 
 40.33  PROSTITUTION; GRANT.] 
 40.34     Subdivision 1.  [GRANT AUTHORIZED.] The commissioner of 
 40.35  public safety shall award a grant to a nonprofit organization to 
 40.36  develop and administer a residential program for women leaving 
 41.1   prostitution.  The commissioner shall award a grant to a 
 41.2   nonprofit organization that can demonstrate a 25 percent funding 
 41.3   match.  The funding match may come from local or federal 
 41.4   sources, the nonprofit organization, or any other source.  
 41.5   Residential program services include, but are not limited to, 
 41.6   chemical dependency services, sexual trauma mental health 
 41.7   services, and independent living skills preparation, including 
 41.8   living skills development and coordination of community 
 41.9   resources for personal and family stability and success. 
 41.10     Subd. 2.  [GRANT ADMINISTRATION.] The commissioner shall 
 41.11  develop a process for administering the grant, including 
 41.12  criteria for the grant.  The commissioner shall issue a request 
 41.13  for proposals for a grant under subdivision 1.  The request must 
 41.14  be designed to obtain detailed information about the applicant 
 41.15  and other information the commissioner considers necessary to 
 41.16  evaluate and select a grant recipient.  The applicant shall 
 41.17  submit a proposal grant on a form and in a manner prescribed by 
 41.18  the commissioner. 
 41.19     Sec. 35.  [BUREAU OF CRIMINAL APPREHENSION, BEMIDJI 
 41.20  SATELLITE LABORATORY FACILITY.] 
 41.21     Subdivision 1.  [LEASE-PURCHASE AGREEMENT.] The 
 41.22  commissioner of administration and the city of Bemidji may enter 
 41.23  into a lease-purchase agreement providing for the state to 
 41.24  acquire a northern satellite laboratory facility for the bureau 
 41.25  of criminal apprehension in the city of Bemidji, for which 
 41.26  predesign money was appropriated in Laws 1998, chapter 404, 
 41.27  section 13, subdivision 11.  The lease-purchase agreement is 
 41.28  subject to the following terms: 
 41.29     (1) the term of the lease must not exceed 20 years; and 
 41.30     (2) the lease-purchase agreement must provide the 
 41.31  commissioner of administration with a unilateral right to 
 41.32  purchase the satellite laboratory facility from the city of 
 41.33  Bemidji at the end of the lease term. 
 41.34     Subd. 2.  [CONSTRUCTION OF FACILITY.] The city of Bemidji 
 41.35  may acquire the necessary site and construct, or cause to be 
 41.36  constructed, the satellite laboratory facility in accordance 
 42.1   with the lease-purchase agreement authorized in subdivision 1.  
 42.2   The city of Bemidji may use a design-build method of project 
 42.3   development and construction for the facility and may award a 
 42.4   design-build contract on the basis of requests for proposals or 
 42.5   requests for qualifications, without bids.  The city of Bemidji 
 42.6   may issue revenue bonds to finance site acquisition and 
 42.7   construction of the satellite laboratory facility under 
 42.8   Minnesota Statutes, chapter 475, provided that the bonds are 
 42.9   deemed to be payable wholly from the proceeds of a revenue 
 42.10  producing convenience for all purposes of Minnesota Statutes, 
 42.11  chapter 475.  
 42.12     Sec. 36.  [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT.] 
 42.13     Subdivision 1.  [PILOT PROJECT AUTHORIZED; PURPOSE.] The 
 42.14  fourth judicial district may establish a domestic fatality 
 42.15  review team as a 30-month pilot project to review domestic 
 42.16  violence deaths that have occurred in the district.  The purpose 
 42.17  of the review team is to assess domestic violence deaths in 
 42.18  order to develop recommendations for policies and protocols for 
 42.19  community prevention and intervention initiatives to reduce and 
 42.20  eliminate the incidence of domestic violence and resulting 
 42.21  fatalities. 
 42.22     Subd. 2.  [DEFINITION OF DOMESTIC VIOLENCE 
 42.23  DEATH.] "Domestic violence death" means a homicide or suicide 
 42.24  under any of the following circumstances: 
 42.25     (1) the alleged perpetrator and victim resided together at 
 42.26  any time; 
 42.27     (2) the alleged perpetrator and victim have a child in 
 42.28  common, regardless of whether they were married or lived 
 42.29  together at any time; 
 42.30     (3) the alleged perpetrator and victim were married, 
 42.31  separated, or divorced; 
 42.32     (4) the alleged perpetrator and victim had a sexual 
 42.33  relationship or a significant romantic relationship; 
 42.34     (5) the alleged perpetrator had been stalking the victim; 
 42.35     (6) the homicide victim lived in the same household, was 
 42.36  present in the workplace of, was in proximity of, or was related 
 43.1   by blood or affinity to a victim who experienced or was 
 43.2   threatened with domestic abuse by the alleged perpetrator; 
 43.3      (7) the victim or the perpetrator was a child of a person 
 43.4   in a relationship that is described within this definition; or 
 43.5      (8) any other circumstances that the domestic fatality 
 43.6   review team decides falls within the parameters of its mission. 
 43.7      "Domestic violence death" must be interpreted broadly to 
 43.8   give the domestic fatality review team discretion to review 
 43.9   fatalities that have occurred both directly and peripherally to 
 43.10  domestic relationships. 
 43.11     Subd. 3.  [MEMBERSHIP.] (a) The chief judge, in 
 43.12  consultation with the family violence coordinating council, 
 43.13  shall appoint the members of the domestic fatality review team.  
 43.14  Membership must reflect a commitment to diversity and relevant 
 43.15  professional experience.  The review team members must include: 
 43.16     (1) the medical examiner; 
 43.17     (2) a judicial court officer (judge or referee); 
 43.18     (3) a county and city attorney and a public defender; 
 43.19     (4) the county sheriff and a peace officer; 
 43.20     (5) a representative from family court services and the 
 43.21  department of corrections; 
 43.22     (6) a physician familiar with domestic violence issues; 
 43.23     (7) a representative from district court administration and 
 43.24  the domestic abuse service center; 
 43.25     (8) a public citizen representative or a representative 
 43.26  from a civic organization; 
 43.27     (9) a mental health professional; and 
 43.28     (10) domestic violence advocates or shelter workers. 
 43.29     (b) There must be at least three domestic violence 
 43.30  advocates or shelter workers on the domestic fatality review 
 43.31  team.  No two members may represent the same agency.  Members 
 43.32  representing advocates or shelters must be selected by the 
 43.33  advocacy community.  At least one position must be designated 
 43.34  for a minority representative and one position must rotate in 
 43.35  order to include an advocate from the community in which the 
 43.36  fatality under review took place. 
 44.1      (c) The domestic fatality review team may also invite other 
 44.2   relevant persons to serve on an ad hoc basis and participate as 
 44.3   full members of the review team for a particular review.  These 
 44.4   persons may include, but are not limited to: 
 44.5      (1) individuals with particular expertise that would be 
 44.6   helpful to the review panel; or 
 44.7      (2) representatives of organizations or agencies that had 
 44.8   contact with or provided services to the homicide victim, or to 
 44.9   the alleged perpetrator, a victim who experienced or was 
 44.10  threatened with domestic abuse by the alleged perpetrator, or a 
 44.11  family member of one of those individuals. 
 44.12     Subd. 4.  [EVALUATION AND REPORT.] (a) The domestic 
 44.13  fatality review team shall develop a system for evaluating the 
 44.14  effectiveness of its program and shall focus on identifiable 
 44.15  goals and outcomes.  An evaluation must include data components 
 44.16  as well as input from individuals involved in the review process.
 44.17     (b) The domestic fatality review team shall issue two 
 44.18  annual reports to the legislature during the pilot project; one 
 44.19  on or before December 31, 2000, and one on or before December 
 44.20  31, 2001.  The reports must consist of the written aggregate 
 44.21  recommendations of the domestic fatality review team without 
 44.22  reference to specific cases.  The December 31, 2001, report must 
 44.23  include recommendations for legislation.  The reports must be 
 44.24  available upon request and distributed to the governor, attorney 
 44.25  general, supreme court, county board, and district court. 
 44.26     Sec. 37.  [INSTRUCTION TO REVISOR.] 
 44.27     The revisor of statutes shall renumber each section of 
 44.28  Minnesota Statutes listed in column A with the number listed in 
 44.29  column B.  The revisor shall also make necessary cross-reference 
 44.30  changes consistent with the renumbering. 
 44.31             Column A               Column B
 44.32             119A.25                299A.281
 44.33             119A.26                299A.282
 44.34             119A.27                299A.283
 44.35             119A.28                299A.284
 44.36             119A.29                299A.285
 45.1              119A.31                299A.286
 45.2              119A.32                299A.287
 45.3              119A.33                299A.288
 45.4              119A.34                299A.289
 45.5              256.486                299A.2892
 45.6      Sec. 38.  [REPEALER.] 
 45.7      Minnesota Statutes 1998, section 119A.04, subdivision 5, is 
 45.8   repealed. 
 45.9      Sec. 39.  [EFFECTIVE DATE.] 
 45.10     Sections 13 and 14 are effective the day following final 
 45.11  enactment. 
 45.12                             ARTICLE 3
 45.13                    GENERAL CRIMINAL PROVISIONS
 45.14     Section 1.  Minnesota Statutes 1998, section 169.121, 
 45.15  subdivision 3, is amended to read: 
 45.16     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
 45.17     (1) "Prior impaired driving conviction" means a prior 
 45.18  conviction under: 
 45.19     (i) this section; Minnesota Statutes 1996, section 84.91, 
 45.20  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
 45.21  paragraph (a); section 169.1211; section 169.129; or section 
 45.22  360.0752; 
 45.23     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 45.24  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 45.25  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 45.26  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
 45.27     (iii) an ordinance from this state, or a statute or 
 45.28  ordinance from another state, in conformity with any provision 
 45.29  listed in item (i) or (ii). 
 45.30     A prior impaired driving conviction also includes a prior 
 45.31  juvenile adjudication that would have been a prior impaired 
 45.32  driving conviction if committed by an adult. 
 45.33     (2) "Prior license revocation" means a driver's license 
 45.34  suspension, revocation, cancellation, denial, or 
 45.35  disqualification under: 
 45.36     (i) this section or section 169.1211, 169.123, 171.04, 
 46.1   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
 46.2   alcohol-related incident; 
 46.3      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 46.4   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 46.5   to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 46.6   clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
 46.7      (iii) an ordinance from this state, or a statute or 
 46.8   ordinance from another state, in conformity with any provision 
 46.9   listed in item (i) or (ii). 
 46.10     "Prior license revocation" also means the revocation of 
 46.11  snowmobile or all-terrain vehicle operating privileges under 
 46.12  section 84.911, or motorboat operating privileges under section 
 46.13  86B.335, for violations that occurred on or after August 1, 1995.
 46.14     (b) A person who violates subdivision 1, clause (a), (b), 
 46.15  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
 46.16  in conformity with any of them, is guilty of a misdemeanor. 
 46.17     (c) A person is guilty of a gross misdemeanor under any of 
 46.18  the following circumstances: 
 46.19     (1) the person violates subdivision 1, clause (f); 
 46.20     (2) the person violates subdivision 1, clause (a), (b), 
 46.21  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
 46.22  of a prior impaired driving conviction or a prior license 
 46.23  revocation; 
 46.24     (3) the person violates section 169.26 while in violation 
 46.25  of subdivision 1; or 
 46.26     (4) the person violates subdivision 1 or 1a while a child 
 46.27  under the age of 16 is in the vehicle, if the child is more than 
 46.28  36 months younger than the violator. 
 46.29     A person convicted of a gross misdemeanor under this 
 46.30  paragraph is subject to the mandatory penalties provided in 
 46.31  subdivision subdivisions 3d and 3g. 
 46.32     (d) A person is guilty of an enhanced gross misdemeanor 
 46.33  under any of the following circumstances: 
 46.34     (1) the person violates subdivision 1, clause (f), or 
 46.35  commits a violation described in paragraph (c), clause (3) or 
 46.36  (4), within ten years of one or more prior impaired driving 
 47.1   convictions or prior license revocations; 
 47.2      (2) the person violates subdivision 1, clause (a), (b), 
 47.3   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
 47.4   of the first of two or more prior impaired driving convictions, 
 47.5   two or more prior license revocations, or any combination of two 
 47.6   or more prior impaired driving convictions and prior license 
 47.7   revocations, based on separate incidents. 
 47.8      A person convicted of an enhanced gross misdemeanor under 
 47.9   this paragraph may be sentenced to imprisonment in a local 
 47.10  correctional facility for not more than two years or to payment 
 47.11  of a fine of not more than $3,000, or both.  Additionally, the 
 47.12  person is subject to the applicable mandatory penalties provided 
 47.13  in subdivision subdivisions 3e and 3g.  
 47.14     (e) The court shall notify a person convicted of violating 
 47.15  subdivision 1 or 1a that the registration plates of the person's 
 47.16  motor vehicle may be impounded under section 168.042 and the 
 47.17  vehicle may be subject to forfeiture under section 169.1217 upon 
 47.18  a subsequent conviction for violating this section, section 
 47.19  169.129, or section 171.24, or a subsequent license revocation 
 47.20  under section 169.123.  The notice must describe the conduct and 
 47.21  the time periods within which the conduct must occur in order to 
 47.22  result in plate impoundment or forfeiture.  The failure of the 
 47.23  court to provide this information does not affect the 
 47.24  applicability of the plate impoundment or the forfeiture 
 47.25  provision to that person. 
 47.26     (f) The attorney in the jurisdiction in which the violation 
 47.27  occurred who is responsible for prosecution of misdemeanor 
 47.28  violations of this section shall also be responsible for 
 47.29  prosecution of gross misdemeanor and enhanced gross misdemeanor 
 47.30  violations of this section. 
 47.31     (g) The court must impose consecutive sentences when it 
 47.32  sentences a person for a violation of this section or section 
 47.33  169.129 arising out of separate behavioral incidents.  The court 
 47.34  also must impose a consecutive sentence when it sentences a 
 47.35  person for a violation of this section or section 169.129 and 
 47.36  the person, at the time of sentencing, is on probation for, or 
 48.1   serving, an executed sentence for a violation of this section or 
 48.2   section 169.129 and the prior sentence involved a separate 
 48.3   behavioral incident.  The court also may order that the sentence 
 48.4   imposed for a violation of this section or section 169.129 shall 
 48.5   run consecutively to a previously imposed misdemeanor, gross 
 48.6   misdemeanor or felony sentence for a violation other than this 
 48.7   section or section 169.129.  
 48.8      (h) When the court stays the sentence of a person convicted 
 48.9   under this section, the length of the stay is governed by 
 48.10  section 609.135, subdivision 2. 
 48.11     (i) The court may impose consecutive sentences for offenses 
 48.12  arising out of a single course of conduct as permitted in 
 48.13  section 609.035, subdivision 2.  
 48.14     (j) The court shall impose consecutive sentences for a 
 48.15  violation of this section or section 169.129 and an offense 
 48.16  listed in section 609.035, subdivision 2, paragraph (f), arising 
 48.17  out of the same course of conduct, if required by section 
 48.18  609.035, subdivision 2, paragraph (g). 
 48.19     (k) When an attorney responsible for prosecuting gross 
 48.20  misdemeanors or enhanced gross misdemeanors under this section 
 48.21  requests criminal history information relating to prior impaired 
 48.22  driving convictions from a court, the court must furnish the 
 48.23  information without charge. 
 48.24     (k) (l) A violation of subdivision 1a may be prosecuted 
 48.25  either in the jurisdiction where the arresting officer observed 
 48.26  the defendant driving, operating, or in control of the motor 
 48.27  vehicle or in the jurisdiction where the refusal occurred. 
 48.28     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
 48.29  subdivision 3e, is amended to read: 
 48.30     Subd. 3e.  [ENHANCED GROSS MISDEMEANOR; MANDATORY 
 48.31  PENALTIES.] (a) The mandatory penalties in this subdivision 
 48.32  apply to persons who are convicted of an enhanced gross 
 48.33  misdemeanor under subdivision 3, paragraph (d), or section 
 48.34  169.129.  Notwithstanding section 609.135, these penalties must 
 48.35  be imposed and executed. 
 48.36     (b) A person who is convicted of an enhanced gross 
 49.1   misdemeanor under the circumstances described in subdivision 3, 
 49.2   paragraph (d), clause (1), shall be sentenced as follows: 
 49.3      (1) if the person has one prior impaired driving conviction 
 49.4   or one prior license revocation within the past ten years, the 
 49.5   person must be sentenced to either (i) a minimum of 90 days of 
 49.6   incarceration, at least 30 days of which must be served 
 49.7   consecutively in a local correctional facility, or (ii) a 
 49.8   program of intensive supervision of the type described in 
 49.9   section 169.1265 that requires the person to consecutively serve 
 49.10  at least six days in a local correctional facility.  The court 
 49.11  may order that the person serve not more than 60 days of the 
 49.12  minimum penalty under item (i) on home detention or in an 
 49.13  intensive probation program described in section 169.1265; 
 49.14     (2) if the person has two prior impaired driving 
 49.15  convictions, two prior license revocations, or a combination of 
 49.16  the two based on separate incidents, within the past ten years, 
 49.17  the person must be sentenced to either (i) a minimum of 180 days 
 49.18  of incarceration, at least 30 days of which must be served 
 49.19  consecutively in a local correctional facility, or (ii) a 
 49.20  program of intensive supervision of the type described in 
 49.21  section 169.1265 that requires the person to consecutively serve 
 49.22  at least six days in a local correctional facility.  The court 
 49.23  may order that the person serve not more than 150 days of the 
 49.24  minimum penalty under item (i) on home detention or in an 
 49.25  intensive probation program described in section 169.1265; or 
 49.26     (3) if the person has three prior impaired driving 
 49.27  convictions, three prior license revocations, or a combination 
 49.28  of the two based on separate incidents, within the past 15 
 49.29  years, or four or more prior impaired driving convictions, four 
 49.30  prior license revocations, or a combination of the two based on 
 49.31  separate incidents, within the person's lifetime, the person 
 49.32  must be sentenced to either (i) a minimum of one year of 
 49.33  incarceration, at least 60 days of which must be served 
 49.34  consecutively in a local correctional facility, or (ii) a 
 49.35  program of intensive supervision of the type described in 
 49.36  section 169.1265 that requires the person to consecutively serve 
 50.1   at least six days in a local correctional facility.  The court 
 50.2   may order that the person serve the remainder of the minimum 
 50.3   penalty under item (i) on intensive probation using an 
 50.4   electronic monitoring system or, if such a system is 
 50.5   unavailable, on home detention. 
 50.6      (c) A person who is convicted of an enhanced gross 
 50.7   misdemeanor under the circumstances described in subdivision 3, 
 50.8   paragraph (d), clause (2), or under section 169.129, shall be 
 50.9   sentenced as follows: 
 50.10     (1) if the person has two prior impaired driving 
 50.11  convictions, two prior license revocations, or a combination of 
 50.12  the two based on separate incidents, within the past ten years, 
 50.13  the person must be sentenced to either (i) a minimum of 90 days 
 50.14  incarceration, at least 30 days of which must be served 
 50.15  consecutively in a local correctional facility, or (ii) a 
 50.16  program of intensive supervision of the type described in 
 50.17  section 169.1265 that requires the person to consecutively serve 
 50.18  at least six days in a local correctional facility.  The court 
 50.19  may order that the person serve not more than 60 days of the 
 50.20  minimum penalty under item (i) on home detention or in an 
 50.21  intensive probation program described in section 169.1265; 
 50.22     (2) if the person has three prior impaired driving 
 50.23  convictions, three prior license revocations, or a combination 
 50.24  of the two based on separate incidents, within the past ten 
 50.25  years, the person must be sentenced to either (i) a minimum of 
 50.26  180 days of incarceration, at least 30 days of which must be 
 50.27  served consecutively in a local correctional facility, or (ii) a 
 50.28  program of intensive supervision of the type described in 
 50.29  section 169.1265 that requires the person to consecutively serve 
 50.30  at least six days in a local correctional facility.  The court 
 50.31  may order that the person serve not more than 150 days of the 
 50.32  minimum penalty under item (i) on home detention or in an 
 50.33  intensive probation program described in section 169.1265; or 
 50.34     (3) if the person has four prior impaired driving 
 50.35  convictions, four prior license revocations, or a combination of 
 50.36  the two based on separate incidents, within the past 15 years; 
 51.1   or has five or more prior impaired driving convictions, five or 
 51.2   more prior license revocations, or a combination of the two, 
 51.3   within the person's lifetime; then, the person must be sentenced 
 51.4   to either (i) a minimum of one year of incarceration, at least 
 51.5   60 days of which must be served consecutively in a local 
 51.6   correctional facility, or (ii) a program of intensive 
 51.7   supervision of the type described in section 169.1265 that 
 51.8   requires the person to consecutively serve at least six days in 
 51.9   a local correctional facility.  The court may order that the 
 51.10  person serve the remainder of the minimum penalty under item (i) 
 51.11  on intensive probation using an electronic monitoring system or, 
 51.12  if such a system is unavailable, on home detention. 
 51.13     Sec. 3.  Minnesota Statutes 1998, section 169.121, is 
 51.14  amended by adding a subdivision to read: 
 51.15     Subd. 3g.  [MANDATORY SENTENCE TO WORK PROGRAM.] (a) When a 
 51.16  court is sentencing a person for a violation of this section or 
 51.17  section 169.129, and the person has five or more prior impaired 
 51.18  driving convictions, five or more prior license revocations, or 
 51.19  a combination of the two based on separate incidents, within the 
 51.20  person's lifetime, the court shall sentence the person to serve 
 51.21  12 months at the work program described in section 241.2775. 
 51.22     (b) If the court is sentencing a person described in 
 51.23  paragraph (a), and the court is also imposing a consecutive 
 51.24  sentence for another offense, the court shall sentence the 
 51.25  person to serve no less than 12 months and no more than the 
 51.26  statutory maximum for the offenses at the work program. 
 51.27     (c) The court shall inform a person sentenced under this 
 51.28  subdivision that good time is not earned while at the work 
 51.29  program.  However, the failure of the court to provide this 
 51.30  information does not affect the nonapplicability of good time. 
 51.31     (d) Notwithstanding section 609.135, the sentence to the 
 51.32  work program described in this subdivision must be imposed and 
 51.33  executed. 
 51.34     (e) If the work program is full at the time of sentencing, 
 51.35  the court shall sentence the person to an alternative 
 51.36  disposition that includes a sanction of equivalent or greater 
 52.1   severity as the work program. 
 52.2      Sec. 4.  Minnesota Statutes 1998, section 169.121, is 
 52.3   amended by adding a subdivision to read: 
 52.4      Subd. 3h.  [PERMISSIVE SENTENCE TO WORK PROGRAM.] (a) When 
 52.5   a court is sentencing a person for a violation of this section 
 52.6   or section 169.129, and the person has four prior impaired 
 52.7   driving convictions, four prior license revocations, or a 
 52.8   combination of the two based on separate incidents, within the 
 52.9   person's lifetime, the court may sentence the person to the work 
 52.10  program described in section 241.2775 for any period up to the 
 52.11  statutory maximum for the offense. 
 52.12     (b) The court shall inform the person that good time is not 
 52.13  earned while at the work program.  However, the failure of the 
 52.14  court to provide this information does not affect the 
 52.15  nonapplicability of good time. 
 52.16     Sec. 5.  Minnesota Statutes 1998, section 169.129, 
 52.17  subdivision 2, is amended to read: 
 52.18     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
 52.19  paragraph (b), a person who violates subdivision 1 is guilty of 
 52.20  a gross misdemeanor.  A person convicted of a gross misdemeanor 
 52.21  under this paragraph is subject to the mandatory penalties 
 52.22  provided in section 169.121, subdivisions 3d and 3g. 
 52.23     (b) A person is guilty of an enhanced gross misdemeanor and 
 52.24  may be sentenced to imprisonment in a local correctional 
 52.25  facility for not more than two years or to payment of a fine of 
 52.26  not more than $3,000, or both, if the person violates 
 52.27  subdivision 1 and the person's driver's license or driving 
 52.28  privilege has been suspended, revoked, canceled, denied, or 
 52.29  disqualified two or more times within the past ten years under 
 52.30  any of the statutes listed in subdivision 1.  A person convicted 
 52.31  of an enhanced gross misdemeanor under this paragraph is subject 
 52.32  to the applicable mandatory penalties provided in section 
 52.33  169.121, subdivision 3d subdivisions 3e and 3g. 
 52.34     (c) The court shall impose consecutive sentences for a 
 52.35  violation of this section and an offense listed in section 
 52.36  609.035, subdivision 2, paragraph (f), arising out of the same 
 53.1   course of conduct, if required by section 609.035, subdivision 
 53.2   2, paragraph (g). 
 53.3      Sec. 6.  Minnesota Statutes 1998, section 340A.703, is 
 53.4   amended to read: 
 53.5      340A.703 [MISDEMEANORS.] 
 53.6      Where no other penalty is specified a violation of any 
 53.7   provision of this chapter is a misdemeanor.  A minimum fine of 
 53.8   $100 must be assessed against a person under the age of 21 years 
 53.9   who violates section 340A.503. 
 53.10     Sec. 7.  Minnesota Statutes 1998, section 609.035, 
 53.11  subdivision 1, is amended to read: 
 53.12     Subdivision 1.  Except as provided in subdivisions 2, 3, 
 53.13  and 4, and 5, and in sections 609.251, 609.585, 609.21, 
 53.14  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
 53.15  if a person's conduct constitutes more than one offense under 
 53.16  the laws of this state, the person may be punished for only one 
 53.17  of the offenses and a conviction or acquittal of any one of them 
 53.18  is a bar to prosecution for any other of them.  All the 
 53.19  offenses, if prosecuted, shall be included in one prosecution 
 53.20  which shall be stated in separate counts. 
 53.21     Sec. 8.  Minnesota Statutes 1998, section 609.035, 
 53.22  subdivision 2, is amended to read: 
 53.23     Subd. 2.  (a) When a person is being sentenced for a 
 53.24  violation of a provision listed in paragraph (f), the court may 
 53.25  sentence the person to a consecutive term of imprisonment for a 
 53.26  violation of any other provision listed in paragraph (f), 
 53.27  notwithstanding the fact that the offenses arose out of the same 
 53.28  course of conduct, subject to the limitation on consecutive 
 53.29  sentences contained in section 609.15, subdivision 2, and except 
 53.30  as provided in paragraphs (b), (c), and (d), and (g) of this 
 53.31  subdivision. 
 53.32     (b) When a person is being sentenced for a violation of 
 53.33  section 169.129 the court may not impose a consecutive sentence 
 53.34  for a violation of a provision of section 169.121, subdivision 
 53.35  1, or for a violation of a provision of section 171.20, 171.24, 
 53.36  or 171.30. 
 54.1      (c) When a person is being sentenced for a violation of 
 54.2   section 171.20, 171.24, or 171.30, the court may not impose a 
 54.3   consecutive sentence for another violation of a provision in 
 54.4   chapter 171. 
 54.5      (d) When a person is being sentenced for a violation of 
 54.6   section 169.791 or 169.797, the court may not impose a 
 54.7   consecutive sentence for another violation of a provision of 
 54.8   sections 169.79 to 169.7995. 
 54.9      (e) This subdivision does not limit the authority of the 
 54.10  court to impose consecutive sentences for crimes arising on 
 54.11  different dates or to impose a consecutive sentence when a 
 54.12  person is being sentenced for a crime and is also in violation 
 54.13  of the conditions of a stayed or otherwise deferred sentence 
 54.14  under section 609.135. 
 54.15     (f) This subdivision applies to misdemeanor and gross 
 54.16  misdemeanor violations of the following if the offender has two 
 54.17  or more prior impaired driving convictions as defined in section 
 54.18  169.121, subdivision 3: 
 54.19     (1) section 169.121, subdivision 1, driving while 
 54.20  intoxicated; 
 54.21     (2) section 169.121, subdivision 1a, testing refusal; 
 54.22     (3) section 169.129, aggravated driving while intoxicated; 
 54.23     (4) section 169.791, failure to provide proof of insurance; 
 54.24     (5) section 169.797, failure to provide vehicle insurance; 
 54.25     (6) section 171.20, subdivision 2, operation after 
 54.26  revocation, suspension, cancellation, or disqualification; 
 54.27     (7) section 171.24, driving without valid license; 
 54.28     (8) section 171.30, violation of condition of limited 
 54.29  license; and 
 54.30     (9) section 609.487, fleeing a peace officer. 
 54.31     (g) When a court is sentencing an offender for a violation 
 54.32  of section 169.121 or 169.129 and a violation of an offense 
 54.33  listed in paragraph (f), and the offender has five or more prior 
 54.34  impaired driving convictions, five or more prior license 
 54.35  revocations, or a combination of the two based on separate 
 54.36  incidents, within the person's lifetime, the court shall 
 55.1   sentence the offender to serve consecutive sentences for the 
 55.2   offenses, notwithstanding the fact that the offenses arose out 
 55.3   of the same course of conduct. 
 55.4      Sec. 9.  Minnesota Statutes 1998, section 609.035, is 
 55.5   amended by adding a subdivision to read: 
 55.6      Subd. 5.  [EXCEPTION; FLEEING A PEACE 
 55.7   OFFICER.] Notwithstanding subdivision 1, a prosecution or 
 55.8   conviction for violating section 609.487 is not a bar to 
 55.9   conviction of or punishment for any other crime committed by the 
 55.10  defendant as part of the same conduct.  If an offender is 
 55.11  punished for more than one crime as authorized by this 
 55.12  subdivision and the court imposes consecutive sentences for the 
 55.13  crimes, the consecutive sentences are not a departure from the 
 55.14  sentencing guidelines. 
 55.15     Sec. 10.  Minnesota Statutes 1998, section 609.135, 
 55.16  subdivision 2, is amended to read: 
 55.17     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 55.18  conviction is for a felony the stay shall be for not more than 
 55.19  four years or the maximum period for which the sentence of 
 55.20  imprisonment might have been imposed, whichever is longer. 
 55.21     (b) If the conviction is for an enhanced gross misdemeanor 
 55.22  violation of section 169.121 or 169.129, the stay shall be for 
 55.23  not more than six years.  The court shall provide for 
 55.24  unsupervised probation for the last year of the stay unless the 
 55.25  court finds that the defendant needs supervised probation for 
 55.26  all or part of the last year. 
 55.27     (c) If the conviction is for a gross misdemeanor violation 
 55.28  of section 169.121 or 169.129, the stay shall be for not more 
 55.29  than four six years.  The court shall provide for unsupervised 
 55.30  probation for the last year of the stay unless the court finds 
 55.31  that the defendant needs supervised probation for all or part of 
 55.32  the last year. 
 55.33     (d) If the conviction is for a gross misdemeanor not 
 55.34  specified in paragraph (c), the stay shall be for not more than 
 55.35  two years. 
 55.36     (e) If the conviction is for any misdemeanor under section 
 56.1   169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 56.2   misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 56.3   which the victim of the crime was a family or household member 
 56.4   as defined in section 518B.01, the stay shall be for not more 
 56.5   than two years.  The court shall provide for unsupervised 
 56.6   probation for the second year of the stay unless the court finds 
 56.7   that the defendant needs supervised probation for all or part of 
 56.8   the second year. 
 56.9      (f) If the conviction is for a misdemeanor not specified in 
 56.10  paragraph (e), the stay shall be for not more than one year.  
 56.11     (g) The defendant shall be discharged six months after the 
 56.12  term of the stay expires, unless the stay has been revoked or 
 56.13  extended under paragraph (h), or the defendant has already been 
 56.14  discharged. 
 56.15     (h) Notwithstanding the maximum periods specified for stays 
 56.16  of sentences under paragraphs (a) to (g), a court may extend a 
 56.17  defendant's term of probation for up to one year if it finds, at 
 56.18  a hearing conducted under subdivision 1a, that: 
 56.19     (1) the defendant has not paid court-ordered restitution or 
 56.20  a fine in accordance with the payment schedule or structure; and 
 56.21     (2) the defendant is likely to not pay the restitution or 
 56.22  fine the defendant owes before the term of probation expires.  
 56.23  This one-year extension of probation for failure to pay 
 56.24  restitution or a fine may be extended by the court for up to one 
 56.25  additional year if the court finds, at another hearing conducted 
 56.26  under subdivision 1a, that the defendant still has not paid the 
 56.27  court-ordered restitution or fine that the defendant owes. 
 56.28     (i) Notwithstanding the maximum periods specified for stays 
 56.29  of sentences under paragraphs (a) to (g), a court may extend a 
 56.30  defendant's term of probation for up to three years if it finds, 
 56.31  at a hearing conducted under subdivision 1c, that: 
 56.32     (1) the defendant has failed to complete court-ordered 
 56.33  treatment successfully; and 
 56.34     (2) the defendant is likely not to complete court-ordered 
 56.35  treatment before the term of probation expires. 
 56.36     Sec. 11.  Minnesota Statutes 1998, section 609.495, is 
 57.1   amended by adding a subdivision to read: 
 57.2      Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
 57.3   Unless the person is convicted of the underlying crime, a person 
 57.4   who promotes, advocates, and assumes responsibility for a 
 57.5   criminal act with the intent to instigate the unlawful conduct 
 57.6   of others or to obstruct, impede, or prevent a criminal 
 57.7   investigation is guilty of a gross misdemeanor. 
 57.8      (b) Any person who has been injured by violation of this 
 57.9   subdivision may bring an action for three times the amount of 
 57.10  actual damages sustained by the plaintiff, costs of suit, and 
 57.11  reasonable attorney fees. 
 57.12     (c) Nothing in this subdivision shall be construed to 
 57.13  impair the right of any individual or group to engage in speech 
 57.14  protected by the United States Constitution or the Minnesota 
 57.15  Constitution. 
 57.16     Sec. 12.  [REPEALER.] 
 57.17     Minnesota Statutes 1998, section 609.113, is repealed. 
 57.18     Sec. 13.  [EFFECTIVE DATES.] 
 57.19     Sections 1 to 11 are effective July 1, 1999, and apply to 
 57.20  crimes committed on or after that date.  However, violations 
 57.21  occurring before that date which are listed in Minnesota 
 57.22  Statutes, section 169.121, subdivision 3, paragraph (a), are 
 57.23  considered prior impaired driving convictions or prior license 
 57.24  revocations for purposes of this article.  Section 12 is 
 57.25  effective the day following final enactment. 
 57.26                             ARTICLE 4
 57.27                            CORRECTIONS
 57.28     Section 1.  Minnesota Statutes 1998, section 3.739, 
 57.29  subdivision 1, is amended to read: 
 57.30     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
 57.31  arising out of the circumstances described in this subdivision 
 57.32  shall be presented to, heard, and determined as provided in 
 57.33  subdivision 2: 
 57.34     (1) an injury to or death of an inmate of a state, 
 57.35  regional, or local correctional facility or county jail who has 
 57.36  been conditionally released and ordered to perform uncompensated 
 58.1   work for a state agency, a political subdivision or public 
 58.2   corporation of this state, a nonprofit educational, medical, or 
 58.3   social service agency, or a private business or individual, as a 
 58.4   condition of the release, while performing the work; 
 58.5      (2) an injury to or death of a person sentenced by a court, 
 58.6   granted a suspended sentence by a court, or subject to a court 
 58.7   disposition order, and who, under court order, is performing 
 58.8   work (a) in restitution, (b) in lieu of or to work off fines or 
 58.9   court ordered costs, (c) in lieu of incarceration, or (d) as a 
 58.10  term or condition of a sentence, suspended sentence, or 
 58.11  disposition order, while performing the work; 
 58.12     (3) an injury to or death of a person, who has been 
 58.13  diverted from the court system and who is performing work as 
 58.14  described in paragraph (1) or (2) under a written agreement 
 58.15  signed by the person, and if a juvenile, by a parent or 
 58.16  guardian; 
 58.17     (4) an injury to or death of any person caused by an 
 58.18  individual who was performing work as described in paragraph 
 58.19  (1), (2), or (3); or 
 58.20     (5) necessary medical care of offenders sentenced to the 
 58.21  Camp Ripley work program described in section 241.277 241.2775. 
 58.22     Sec. 2.  Minnesota Statutes 1998, section 241.016, is 
 58.23  amended to read: 
 58.24     241.016 [AGENCY ANNUAL PERFORMANCE REPORTING; RECIDIVISM 
 58.25  ANALYSIS REPORT REQUIRED.] 
 58.26     Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
 58.27  15.91, the department of corrections shall issue a performance 
 58.28  report by November 30 of each year.  The issuance and content of 
 58.29  the report must conform with section 15.91. 
 58.30     Subd. 2.  [RECIDIVISM ANALYSIS.] The report required 
 58.31  by section 15.91 subdivision 1 must include an evaluation and 
 58.32  analysis of the programming in all department of corrections 
 58.33  facilities.  This evaluation and analysis must include: 
 58.34     (1) a description of the vocational, work, and industries 
 58.35  programs and information on the recidivism rates for offenders 
 58.36  who participated in these types of programming; 
 59.1      (2) a description of the educational programs and 
 59.2   information on the recidivism rates for offenders who 
 59.3   participated in educational programming; and 
 59.4      (3) a description of the chemical dependency, sex offender, 
 59.5   and mental health treatment programs and information on the 
 59.6   recidivism rates for offenders who participated in these 
 59.7   treatment programs. 
 59.8      The analysis of recidivism rates must include a breakdown 
 59.9   of recidivism rates for juvenile offenders, adult male 
 59.10  offenders, and adult female offenders. 
 59.11     Sec. 3.  [241.2775] [CAMP RIPLEY WORK PROGRAM FOR REPEAT 
 59.12  DWI OFFENDERS.] 
 59.13     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
 59.14  corrections shall establish a work program at Camp Ripley.  The 
 59.15  program must serve repeat driving-while-impaired (DWI) offenders 
 59.16  who are sentenced to the program by courts under section 
 59.17  169.121, subdivision 3g or 3h. 
 59.18     Subd. 2.  [PROGRAM DESCRIBED.] The program must require 
 59.19  offenders to perform physical labor either at the facility or in 
 59.20  other locations in the surrounding area and participate in and 
 59.21  complete a chemical dependency treatment program.  The chemical 
 59.22  dependency treatment program must be developed and administered 
 59.23  by the Brainerd regional human services center on an outpatient 
 59.24  basis and may be offered either at the Camp Ripley facility or 
 59.25  the Brainerd regional human services center. 
 59.26     Subd. 3.  [PROGRAM GUIDELINES.] The commissioner shall 
 59.27  develop guidelines for the operation of the work program.  These 
 59.28  guidelines must, at a minimum, address the nature, extent, and 
 59.29  location of the physical labor and the chemical dependency 
 59.30  treatment programming required.  The commissioner shall 
 59.31  collaborate with the commissioner of human services to develop 
 59.32  the guidelines for the chemical dependency treatment programming.
 59.33     Subd. 4.  [STATUS OF OFFENDER.] An offender sentenced to 
 59.34  the work program is not committed to the commissioner of 
 59.35  corrections.  Instead, the offender is under the continuing 
 59.36  jurisdiction of the sentencing court.  Offenders sentenced to 
 60.1   the work program are not considered incarcerated for purposes of 
 60.2   computing good time, credit for time served, or for 
 60.3   participating in publicly funded health care programs.  
 60.4      Subd. 5.  [LENGTH OF STAY.] (a) An offender sentenced by a 
 60.5   court to the work program must serve a minimum of three-fourths 
 60.6   of the pronounced sentence at the program unless the offender is 
 60.7   terminated from it and remanded to the custody of the sentencing 
 60.8   court as provided in subdivision 7.  The offender may be 
 60.9   required to remain at the program beyond the minimum period for 
 60.10  any period up to the statutory maximum if the offender violates 
 60.11  disciplinary rules. 
 60.12     (b) An offender whose program completion occurs on a 
 60.13  Saturday, Sunday, or holiday must be allowed to return to the 
 60.14  community on the last day before the completion date that is not 
 60.15  a Saturday, Sunday, or holiday.  If the offender's stay in the 
 60.16  program was extended due to a violation of the disciplinary 
 60.17  rules and the offender's day of completion is a Saturday, 
 60.18  Sunday, or holiday, the offender must not be allowed to return 
 60.19  to the community until the day following that is not a Saturday, 
 60.20  Sunday, or holiday.  
 60.21     Subd. 6.  [FURLOUGHS.] The commissioner of corrections may 
 60.22  furlough an offender for up to three days in the event of the 
 60.23  death of a family member or spouse.  If the commissioner 
 60.24  determines that the offender requires serious and immediate 
 60.25  medical attention, the commissioner may grant furloughs of up to 
 60.26  three days to provide appropriate health care. 
 60.27     Subd. 7.  [SANCTIONS.] The commissioner of corrections 
 60.28  shall ensure that severe and meaningful sanctions are imposed 
 60.29  for violations of the conditions of the work program.  The 
 60.30  commissioner may require that an offender be removed from the 
 60.31  program and remanded to the custody of the sentencing court if 
 60.32  the offender: 
 60.33     (1) commits a material violation of or repeatedly fails to 
 60.34  follow the rules of the program; 
 60.35     (2) commits any misdemeanor, gross misdemeanor, or felony 
 60.36  offense; or 
 61.1      (3) presents a risk to the public, based on the offender's 
 61.2   behavior, attitude, or abuse of alcohol or controlled substances.
 61.3      Subd. 8.  [DISCIPLINARY RULES.] By July 1, 1999, the 
 61.4   commissioner of corrections shall develop disciplinary rules 
 61.5   applicable to the work program, a violation of which may result 
 61.6   in extending an offender's stay at the program for any period of 
 61.7   time up to the statutory maximum.  These rules may address 
 61.8   violations of program rules, refusal to work, refusal to 
 61.9   participate in any required programming, including chemical 
 61.10  dependency programming, and other matters determined by the 
 61.11  commissioner.  Extending an offender's stay is considered a 
 61.12  disciplinary sanction imposed upon the offender, and the 
 61.13  procedure for imposing the extension and the rights of the 
 61.14  offender in the procedure must be those in effect for the 
 61.15  imposition of other disciplinary sanctions at state correctional 
 61.16  institutions. 
 61.17     Subd. 9.  [COSTS OF PROGRAM.] (a) Except as provided in 
 61.18  paragraphs (b) and (c), the commissioner of corrections is 
 61.19  responsible for all costs associated with the placement of 
 61.20  offenders in the program, including, but not limited to, the 
 61.21  full cost of transporting offenders to and from the program and 
 61.22  to and from chemical dependency treatment. 
 61.23     (b) The commissioner of human services is responsible for 
 61.24  all costs associated with the chemical dependency treatment 
 61.25  provided to offenders at the program.  The commissioner shall 
 61.26  determine if the offender is eligible for the consolidated 
 61.27  chemical dependency treatment fund and use the funding to pay 
 61.28  for the chemical dependency treatment. 
 61.29     (c) Costs of medical care must be paid according to section 
 61.30  3.739. 
 61.31     Subd. 10.  [REPORT.] By January 15, 2002, the commissioners 
 61.32  of corrections and human services shall report to the chairs and 
 61.33  ranking minority members of the senate and house of 
 61.34  representatives committees and divisions having jurisdiction 
 61.35  over criminal justice and human services policy and funding on 
 61.36  this program.  The report must contain information on the 
 62.1   recidivism rates for offenders sentenced to the program. 
 62.2      Sec. 4.  Minnesota Statutes 1998, section 242.192, is 
 62.3   amended to read: 
 62.4      242.192 [CHARGES TO COUNTIES.] 
 62.5      The commissioner shall charge counties or other appropriate 
 62.6   jurisdictions for the actual per diem cost of confinement, 
 62.7   excluding educational costs, of juveniles at the Minnesota 
 62.8   correctional facility-Red Wing and of juvenile females at the 
 62.9   Minnesota correctional facility-Sauk Centre.  This charge 
 62.10  applies to both counties that participate in the Community 
 62.11  Corrections Act and those that do not.  The commissioner shall 
 62.12  annually determine costs, making necessary adjustments to 
 62.13  reflect the actual costs of confinement.  All money received 
 62.14  under this section must be deposited in the state treasury and 
 62.15  credited to the general fund. 
 62.16     Sec. 5.  Minnesota Statutes 1998, section 243.05, 
 62.17  subdivision 1, is amended to read: 
 62.18     Subdivision 1.  [CONDITIONAL RELEASE.] (a) The commissioner 
 62.19  of corrections may parole any person sentenced to confinement in 
 62.20  any state correctional facility for adults under the control of 
 62.21  the commissioner of corrections, provided that:  
 62.22     (1) no inmate serving a life sentence for committing murder 
 62.23  before May 1, 1980, other than murder committed in violation of 
 62.24  clause (1) of section 609.185 who has not been previously 
 62.25  convicted of a felony shall be paroled without having served 20 
 62.26  years, less the diminution that would have been allowed for good 
 62.27  conduct had the sentence been for 20 years; 
 62.28     (2) no inmate serving a life sentence for committing murder 
 62.29  before May 1, 1980, who has been previously convicted of a 
 62.30  felony or though not previously convicted of a felony is serving 
 62.31  a life sentence for murder in the first degree committed in 
 62.32  violation of clause (1) of section 609.185 shall be paroled 
 62.33  without having served 25 years, less the diminution which would 
 62.34  have been allowed for good conduct had the sentence been for 25 
 62.35  years; 
 62.36     (3) any inmate sentenced prior to September 1, 1963, who 
 63.1   would be eligible for parole had the inmate been sentenced after 
 63.2   September 1, 1963, shall be eligible for parole; and 
 63.3      (4) any new rule or policy or change of rule or policy 
 63.4   adopted by the commissioner of corrections which has the effect 
 63.5   of postponing eligibility for parole has prospective effect only 
 63.6   and applies only with respect to persons committing offenses 
 63.7   after the effective date of the new rule or policy or change.  
 63.8      (b) Upon being paroled and released, an inmate is and 
 63.9   remains in the legal custody and under the control of the 
 63.10  commissioner, subject at any time to be returned to a facility 
 63.11  of the department of corrections established by law for the 
 63.12  confinement or treatment of convicted persons and the parole 
 63.13  rescinded by the commissioner.  
 63.14     (c) The written order of the commissioner of corrections, 
 63.15  is sufficient authority for any peace officer, state 
 63.16  correctional investigator, or state parole and probation agent 
 63.17  to retake and place in actual custody any person on parole or 
 63.18  supervised release.  In addition, when it appears necessary in 
 63.19  order to prevent escape or enforce discipline, any state parole 
 63.20  and probation agent or state correctional investigator may, 
 63.21  without order of warrant, take and detain a parolee or person on 
 63.22  supervised release or work release and bring the person to the 
 63.23  commissioner for action.  
 63.24     (d) The written order of the commissioner of corrections is 
 63.25  sufficient authority for any peace officer, state correctional 
 63.26  investigator, or state parole and probation agent to retake and 
 63.27  place in actual custody any person on probation under the 
 63.28  supervision of the commissioner pursuant to section 609.135.  
 63.29  Additionally, when it appears necessary in order to prevent 
 63.30  escape or enforce discipline, any state parole and probation 
 63.31  agent or state correctional investigator may, without an order, 
 63.32  retake and detain a probationer and bring the probationer before 
 63.33  the court for further proceedings under section 609.14.  
 63.34     (e) The written order of the commissioner of corrections is 
 63.35  sufficient authority for any peace officer, state correctional 
 63.36  investigator, or state parole and probation agent to detain any 
 64.1   person on pretrial release who absconds from pretrial release or 
 64.2   fails to abide by the conditions of pretrial release.  
 64.3      (f) Persons conditionally released, and those on probation 
 64.4   under the supervision of the commissioner of corrections 
 64.5   pursuant to section 609.135 may be placed within or outside the 
 64.6   boundaries of the state at the discretion of the commissioner of 
 64.7   corrections or the court, and the limits fixed for these persons 
 64.8   may be enlarged or reduced according to their conduct. 
 64.9      (g) Except as otherwise provided in subdivision 1b, in 
 64.10  considering applications for conditional release or discharge, 
 64.11  the commissioner is not required to hear oral argument from any 
 64.12  attorney or other person not connected with an adult 
 64.13  correctional facility of the department of corrections in favor 
 64.14  of or against the parole or release of any inmates.  The 
 64.15  commissioner may institute inquiries by correspondence, taking 
 64.16  testimony, or otherwise, as to the previous history, physical or 
 64.17  mental condition, and character of the inmate and, to that end, 
 64.18  has the authority to require the attendance of the chief 
 64.19  executive officer of any state adult correctional facility and 
 64.20  the production of the records of these facilities, and to compel 
 64.21  the attendance of witnesses.  The commissioner is authorized to 
 64.22  administer oaths to witnesses for these purposes. 
 64.23     (h) Unless the district court directs otherwise and unless 
 64.24  the probation agency pursues a sanctions conference under 
 64.25  sections 243.051 to 243.054 or revocation proceedings under 
 64.26  section 609.14, state parole and probation agents may require a 
 64.27  person who is under the supervision of the commissioner of 
 64.28  corrections to perform community work service for violating 
 64.29  a technical condition of probation imposed by the court.  
 64.30  Community work service may be imposed for the purpose of 
 64.31  protecting the public, to aid the offender's rehabilitation, or 
 64.32  both.  Agents may impose up to eight hours of community work 
 64.33  service for each violation and up to a total of 24 hours per 
 64.34  offender per 12-month period, beginning with the date on which 
 64.35  community work service is first imposed.  The commissioner may 
 64.36  authorize an additional 40 hours of community work services, for 
 65.1   a total of 64 hours per offender per 12-month period, beginning 
 65.2   with the date on which community work service is first imposed.  
 65.3   At the time community work service is imposed, parole and 
 65.4   probation agents are required to provide written notice to the 
 65.5   offender that states: 
 65.6      (1) the condition of probation that has been violated; 
 65.7      (2) the number of hours of community work service imposed 
 65.8   for the violation; and 
 65.9      (3) the total number of hours of community work service 
 65.10  imposed to date in the 12-month period. 
 65.11     An offender may challenge the imposition of community work 
 65.12  service by filing a petition in district court.  An offender 
 65.13  must file the petition within five days of receiving written 
 65.14  notice that community work service is being imposed.  If the 
 65.15  offender challenges the imposition of community work service, 
 65.16  the state bears the burden of showing, by a preponderance of the 
 65.17  evidence, that the imposition of community work service is 
 65.18  reasonable under the circumstances.  
 65.19     Community work service includes sentencing to service.  
 65.20     "Technical violation" has the meaning given in section 
 65.21  243.051, subdivision 6. 
 65.22     Sec. 6.  [243.051] [DEFINITIONS.] 
 65.23     Subdivision 1.  [DEFINITIONS.] As used in sections 243.051 
 65.24  to 243.054, the following terms have the meanings given them. 
 65.25     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 65.26  section 609.02, subdivision 15. 
 65.27     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 65.28  violation sanction" means electronic monitoring, intensive 
 65.29  probation, sentencing to service, reporting to a day reporting 
 65.30  center, chemical dependency or mental health treatment or 
 65.31  counseling, community work service, and work service in a 
 65.32  restorative justice program. 
 65.33     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 65.34  means a voluntary conference at which the state parole and 
 65.35  probation agent, offender, and, if appropriate, other interested 
 65.36  parties meet to discuss the probation violation sanction for the 
 66.1   offender's technical violation of probation. 
 66.2      Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 66.3   conference form" means a form developed by the chief judge of 
 66.4   each judicial district that explains the sanctions conference 
 66.5   and the offender's option to elect to participate in the 
 66.6   sanctions conference or to proceed to a judicial hearing. 
 66.7      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 66.8   means any violation of a court order of probation, except an 
 66.9   allegation of a subsequent criminal act which is alleged in a 
 66.10  formal complaint, citation, or petition. 
 66.11     Sec. 7.  [243.052] [INITIATION OF SANCTIONS CONFERENCE.] 
 66.12     Subdivision 1.  [AUTHORITY.] Unless the district court 
 66.13  directs otherwise, a probation agency may use a sanctions 
 66.14  conference to address an offender's technical violation of 
 66.15  probation. 
 66.16     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 66.17  has reason to believe that an offender has committed a technical 
 66.18  violation of probation, the agency shall notify the offender in 
 66.19  writing of the specific nature of the technical violation and 
 66.20  the scheduling of a sanctions conference, including the date, 
 66.21  time, and location of the sanctions conference.  The notice 
 66.22  shall also state that if the offender fails to appear at the 
 66.23  sanctions conference, the probation agency may apprehend and 
 66.24  detain the offender under section 243.05, subdivision 1, and ask 
 66.25  the court to commence revocation proceedings under section 
 66.26  609.14 and rule 27.04 of the Rules of Criminal Procedure.  To 
 66.27  the extent feasible, the sanctions conference must take place 
 66.28  within seven days of mailing of the notice to the offender. 
 66.29     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 66.30  conference, the state parole and probation agent shall provide 
 66.31  the offender with a copy of a sanctions conference form 
 66.32  explaining the sanctions conference and the offender's options 
 66.33  for proceeding.  The offender must stipulate, in writing, that 
 66.34  the offender has received a copy of the sanctions conference 
 66.35  form and that the offender understands the information contained 
 66.36  in the form and the options available to the offender.  The 
 67.1   offender also must declare, in writing, the offender's decision 
 67.2   to either participate in the sanctions conference or proceed 
 67.3   with a judicial hearing. 
 67.4      Sec. 8.  [243.053] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
 67.5      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 67.6   elects to participate in the sanctions conference, the state 
 67.7   parole and probation agent shall inform the offender, orally and 
 67.8   in writing, of the probation violation sanction that the state 
 67.9   parole and probation agent is recommending for the technical 
 67.10  violation of probation.  The state parole and probation agent 
 67.11  shall inform the offender that the probation violation sanction 
 67.12  becomes effective upon confirmation by a judge of the district 
 67.13  court. 
 67.14     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 67.15  elects to participate in the sanctions conference, the state 
 67.16  parole and probation agent conducting the sanctions conference 
 67.17  shall provide a report to the district court containing: 
 67.18     (1) the specific nature of the technical violation of 
 67.19  probation; 
 67.20     (2) the notice provided to the offender of the technical 
 67.21  violation of probation and the scheduling of the sanctions 
 67.22  conference; 
 67.23     (3) a copy of the offender's signed stipulation indicating 
 67.24  that the offender received a copy of the sanctions conference 
 67.25  form and understood it; 
 67.26     (4) a copy of the offender's written declaration to 
 67.27  participate in the sanctions conference; and 
 67.28     (5) the recommended probation violation sanction. 
 67.29  The recommended probation violation sanction becomes effective 
 67.30  when confirmed by a judge.  The order of the court shall be 
 67.31  proof of such confirmation. 
 67.32     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 67.33  state parole and probation agent's receipt of a confirmed order 
 67.34  by the judge, the state parole and probation agent shall notify 
 67.35  the offender in writing that the probation violation sanction 
 67.36  has been approved by the court. 
 68.1      (b) If the court does not confirm the recommendation of the 
 68.2   state parole and probation agent, the probation violation 
 68.3   sanction shall not go into effect.  The state parole and 
 68.4   probation agent shall notify the offender that the court has not 
 68.5   confirmed the sanction. 
 68.6      (c) If the court does not confirm the recommendation, the 
 68.7   state parole and probation agent may ask the court to commence 
 68.8   revocation proceedings under section 609.14. 
 68.9      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 68.10  confirmation of the probation violation sanction as provided in 
 68.11  rule 28.05 of the Rules of Criminal Procedure. 
 68.12     Sec. 9.  [243.054] [ELECTION NOT TO PARTICIPATE.] 
 68.13     If the offender elects not to participate in the sanctions 
 68.14  conference, the state parole and probation agent may ask the 
 68.15  court to initiate revocation proceedings or refer the matter to 
 68.16  the appropriate prosecuting authority for action under section 
 68.17  609.14.  The state parole and probation agent also may take 
 68.18  action to apprehend and detain the offender under section 
 68.19  243.05, subdivision 1. 
 68.20     Sec. 10.  Minnesota Statutes 1998, section 244.19, 
 68.21  subdivision 3a, is amended to read: 
 68.22     Subd. 3a.  [INTERMEDIATE SANCTIONS COMMUNITY WORK SERVICE.] 
 68.23  Unless the district court directs otherwise and unless the 
 68.24  probation agency pursues a sanctions conference under sections 
 68.25  244.196 to 244.199 or revocation proceedings under section 
 68.26  609.14, county probation officers may require a person committed 
 68.27  to the officer's care by the court to perform community work 
 68.28  service for violating a technical condition of probation imposed 
 68.29  by the court.  Community work service may be imposed for the 
 68.30  purpose of protecting the public, to aid the offender's 
 68.31  rehabilitation, or both.  County probation officers may impose 
 68.32  up to eight hours of community work service for each violation 
 68.33  and up to a total of 24 hours per offender per 12-month period, 
 68.34  beginning with the date on which community work service is first 
 68.35  imposed.  The court services director may authorize an 
 68.36  additional 40 hours of community work services, for a total of 
 69.1   64 hours per offender per 12-month period, beginning on the date 
 69.2   on which community work service is first imposed.  At the time 
 69.3   community work service is imposed, county probation agents are 
 69.4   required to provide written notice to the offender that states: 
 69.5      (1) the condition of probation that has been violated; 
 69.6      (2) the number of hours of community work service imposed 
 69.7   for the violation; and 
 69.8      (3) the total number of hours of community work service 
 69.9   imposed to date in the 12-month period. 
 69.10     An offender may challenge the imposition of community work 
 69.11  service by filing a petition in district court.  An offender 
 69.12  must file the petition within five days of receiving written 
 69.13  notice that community work service is being imposed.  If the 
 69.14  offender challenges the imposition of community work service, 
 69.15  the state bears the burden of showing, by a preponderance of the 
 69.16  evidence, that the imposition of community work service is 
 69.17  reasonable under the circumstances.  
 69.18     Community work service includes sentencing to service.  
 69.19     "Technical violation" has the meaning given in section 
 69.20  244.196, subdivision 6. 
 69.21     Sec. 11.  [244.196] [DEFINITIONS.] 
 69.22     Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
 69.23  to 244.199, the following terms have the meanings given them. 
 69.24     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 69.25  section 609.02, subdivision 15. 
 69.26     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 69.27  violation sanction" means electronic monitoring, intensive 
 69.28  probation, sentencing to service, reporting to a day reporting 
 69.29  center, chemical dependency or mental health treatment or 
 69.30  counseling, community work service, and work service in a 
 69.31  restorative justice program. 
 69.32     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 69.33  means a voluntary conference at which the county probation 
 69.34  officer, offender, and, if appropriate, other interested parties 
 69.35  meet to discuss the probation violation sanction for the 
 69.36  offender's technical violation of probation. 
 70.1      Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 70.2   conference form" means a form developed by the chief judge of 
 70.3   each judicial district that explains the sanctions conference 
 70.4   and the offender's option to elect to participate in the 
 70.5   sanctions conference or to proceed to a judicial hearing. 
 70.6      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 70.7   means any violation of a court order of probation, except an 
 70.8   allegation of a subsequent criminal act which is alleged in a 
 70.9   formal complaint, citation, or petition. 
 70.10     Sec. 12.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
 70.11     Subdivision 1.  [AUTHORITY.] Unless the district court 
 70.12  directs otherwise, a probation agency may use a sanctions 
 70.13  conference to address an offender's technical violation of 
 70.14  probation. 
 70.15     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 70.16  has reason to believe that an offender has committed a technical 
 70.17  violation of probation, the agency shall notify the offender in 
 70.18  writing of the specific nature of the technical violation and 
 70.19  the scheduling of a sanctions conference, including the date, 
 70.20  time, and location of the sanctions conference.  The notice 
 70.21  shall also state that if the offender fails to appear at the 
 70.22  sanctions conference, the probation agency may apprehend and 
 70.23  detain the offender under section 244.195 and ask the court to 
 70.24  commence revocation proceedings under section 609.14 and rule 
 70.25  27.04 of the Rules of Criminal Procedure.  To the extent 
 70.26  feasible, the sanctions conference must take place within seven 
 70.27  days of mailing of the notice to the offender. 
 70.28     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 70.29  conference, the county probation officer shall provide the 
 70.30  offender with a copy of a sanctions conference form explaining 
 70.31  the sanctions conference and the offender's options for 
 70.32  proceeding.  The offender must stipulate, in writing, that the 
 70.33  offender has received a copy of the sanctions conference form 
 70.34  and that the offender understands the information contained in 
 70.35  the form and the options available to the offender.  The 
 70.36  offender also must declare, in writing, the offender's decision 
 71.1   to either participate in the sanctions conference or proceed 
 71.2   with a judicial hearing. 
 71.3      Sec. 13.  [244.198] [PARTICIPATION IN SANCTIONS 
 71.4   CONFERENCE.] 
 71.5      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 71.6   elects to participate in the sanctions conference, the county 
 71.7   probation officer shall inform the offender, orally and in 
 71.8   writing, of the probation violation sanction that the county 
 71.9   probation officer is recommending for the technical violation of 
 71.10  probation.  The county probation officer shall inform the 
 71.11  offender that the probation violation sanction becomes effective 
 71.12  upon confirmation by a judge of the district court. 
 71.13     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 71.14  elects to participate in the sanctions conference, the county 
 71.15  probation officer conducting the sanctions conference shall 
 71.16  provide a report to the district court containing: 
 71.17     (1) the specific nature of the technical violation of 
 71.18  probation; 
 71.19     (2) the notice provided to the offender of the technical 
 71.20  violation of probation and the scheduling of the sanctions 
 71.21  conference; 
 71.22     (3) a copy of the offender's signed stipulation indicating 
 71.23  that the offender received a copy of the sanctions conference 
 71.24  form and understood it; 
 71.25     (4) a copy of the offender's written declaration to 
 71.26  participate in the sanctions conference; and 
 71.27     (5) the recommended probation violation sanction. 
 71.28  The recommended probation violation sanction becomes effective 
 71.29  when confirmed by a judge.  The order of the court shall be 
 71.30  proof of such confirmation. 
 71.31     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 71.32  county probation officer's receipt of a confirmed order by the 
 71.33  judge, the county probation officer shall notify the offender in 
 71.34  writing that the probation violation sanction has been approved 
 71.35  by the court. 
 71.36     (b) If the court does not confirm the recommendation of the 
 72.1   county probation officer, the probation violation sanction shall 
 72.2   not go into effect.  The county probation officer shall notify 
 72.3   the offender that the court has not confirmed the sanction. 
 72.4      (c) If the court does not confirm the recommendation, the 
 72.5   county probation officer may ask the court to commence 
 72.6   revocation proceedings under section 609.14. 
 72.7      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 72.8   confirmation of the probation violation sanction as provided in 
 72.9   rule 28.05 of the Rules of Criminal Procedure. 
 72.10     Sec. 14.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
 72.11     If the offender elects not to participate in the sanctions 
 72.12  conference, the county probation officer may ask the court to 
 72.13  initiate revocation proceedings or refer the matter to the 
 72.14  appropriate prosecuting authority for action under section 
 72.15  609.14.  The county probation officer also may take action to 
 72.16  apprehend and detain the offender under section 244.195. 
 72.17     Sec. 15.  [401.024] [COMMUNITY WORK SERVICE.] 
 72.18     Unless the district court directs otherwise and unless the 
 72.19  probation agency pursues a sanctions conference under sections 
 72.20  401.026 to 401.029 or revocation proceedings under section 
 72.21  609.14, county probation officers may require a person committed 
 72.22  to the officer's care by the court to perform community work 
 72.23  service for violating a technical condition of probation imposed 
 72.24  by the court.  Community work service may be imposed for the 
 72.25  purpose of protecting the public, to aid the offender's 
 72.26  rehabilitation, or both.  Probation officers may impose up to 
 72.27  eight hours of community work service for each violation and up 
 72.28  to a total of 24 hours per offender per 12-month period, 
 72.29  beginning on the date on which community work service is first 
 72.30  imposed.  The chief executive officer of a community corrections 
 72.31  agency may authorize an additional 40 hours of community work 
 72.32  service, for a total of 64 hours per offender per 12-month 
 72.33  period, beginning with the date on which community work service 
 72.34  is first imposed.  At the time community work service is 
 72.35  imposed, probation officers are required to provide written 
 72.36  notice to the offender that states: 
 73.1      (1) the condition of probation that has been violated; 
 73.2      (2) the number of hours of community work service imposed 
 73.3   for the violation; and 
 73.4      (3) the total number of hours of community work service 
 73.5   imposed to date in the 12-month period. 
 73.6      An offender may challenge the imposition of community work 
 73.7   service by filing a petition in district court.  An offender 
 73.8   must file the petition within five days of receiving written 
 73.9   notice that community work service is being imposed.  If the 
 73.10  offender challenges the imposition of community work service, 
 73.11  the state bears the burden of showing, by a preponderance of the 
 73.12  evidence, that the imposition of community work service is 
 73.13  reasonable under the circumstances.  
 73.14     Community work service includes sentencing to service.  
 73.15     "Technical violation" has the meaning given in section 
 73.16  401.026, subdivision 6. 
 73.17     Sec. 16.  [401.026] [DEFINITIONS.] 
 73.18     Subdivision 1.  [DEFINITIONS.] As used in sections 401.026 
 73.19  to 401.029, the following terms have the meanings given them. 
 73.20     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 73.21  section 609.02, subdivision 15. 
 73.22     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 73.23  violation sanction" means electronic monitoring, intensive 
 73.24  probation, sentencing to service, reporting to a day reporting 
 73.25  center, chemical dependency or mental health treatment or 
 73.26  counseling, community work service, and work service in a 
 73.27  restorative justice program. 
 73.28     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 73.29  means a voluntary conference at which the probation officer, 
 73.30  offender, and, if appropriate, other interested parties meet to 
 73.31  discuss the probation violation sanction for the offender's 
 73.32  technical violation of probation. 
 73.33     Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 73.34  conference form" means a form developed by the chief judge of 
 73.35  each judicial district that explains the sanctions conference 
 73.36  and the offender's option to elect to participate in the 
 74.1   sanctions conference or to proceed to a judicial hearing. 
 74.2      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 74.3   means any violation of a court order of probation, except an 
 74.4   allegation of a subsequent criminal act which is alleged in a 
 74.5   formal complaint, citation, or petition. 
 74.6      Sec. 17.  [401.027] [INITIATION OF SANCTIONS CONFERENCE.] 
 74.7      Subdivision 1.  [AUTHORITY.] Unless the district court 
 74.8   directs otherwise, a probation agency may use a sanctions 
 74.9   conference to address an offender's technical violation of 
 74.10  probation. 
 74.11     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 74.12  has reason to believe that an offender has committed a technical 
 74.13  violation of probation, the agency shall notify the offender in 
 74.14  writing of the specific nature of the technical violation and 
 74.15  the scheduling of a sanctions conference, including the date, 
 74.16  time, and location of the sanctions conference.  The notice 
 74.17  shall also state that if the offender fails to appear at the 
 74.18  sanctions conference, the probation agency may apprehend and 
 74.19  detain the offender under section 401.025 and ask the court to 
 74.20  commence revocation proceedings under section 609.14 and rule 
 74.21  27.04 of the Rules of Criminal Procedure.  To the extent 
 74.22  feasible, the sanctions conference must take place within seven 
 74.23  days of mailing of the notice to the offender. 
 74.24     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 74.25  conference, the probation officer shall provide the offender 
 74.26  with a copy of a sanctions conference form explaining the 
 74.27  sanctions conference and the offender's options for proceeding.  
 74.28  The offender must stipulate, in writing, that the offender has 
 74.29  received a copy of the sanctions conference form and that the 
 74.30  offender understands the information contained in the form and 
 74.31  the options available to the offender.  The offender also must 
 74.32  declare, in writing, the offender's decision to either 
 74.33  participate in the sanctions conference or proceed with a 
 74.34  judicial hearing. 
 74.35     Sec. 18.  [401.028] [PARTICIPATION IN SANCTIONS 
 74.36  CONFERENCE.] 
 75.1      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 75.2   elects to participate in the sanctions conference, the probation 
 75.3   officer shall inform the offender, orally and in writing, of the 
 75.4   probation violation sanction that the probation officer is 
 75.5   recommending for the technical violation of probation.  The 
 75.6   probation officer shall inform the offender that the probation 
 75.7   violation sanction becomes effective upon confirmation by a 
 75.8   judge of the district court. 
 75.9      Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 75.10  elects to participate in the sanctions conference, the probation 
 75.11  officer conducting the sanctions conference shall provide a 
 75.12  report to the district court containing: 
 75.13     (1) the specific nature of the technical violation of 
 75.14  probation; 
 75.15     (2) the notice provided to the offender of the technical 
 75.16  violation of probation and the scheduling of the sanctions 
 75.17  conference; 
 75.18     (3) a copy of the offender's signed stipulation indicating 
 75.19  that the offender received a copy of the sanctions conference 
 75.20  form and understood it; 
 75.21     (4) a copy of the offender's written declaration to 
 75.22  participate in the sanctions conference; and 
 75.23     (5) the recommended probation violation sanction. 
 75.24  The recommended probation violation sanction becomes effective 
 75.25  when confirmed by a judge.  The order of the court shall be 
 75.26  proof of such confirmation. 
 75.27     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 75.28  probation officer's receipt of a confirmed order by the judge, 
 75.29  the probation officer shall notify the offender in writing that 
 75.30  the probation violation sanction has been approved by the court. 
 75.31     (b) If the court does not confirm the recommendation of the 
 75.32  probation officer, the probation violation sanction shall not go 
 75.33  into effect.  The probation officer shall notify the offender 
 75.34  that the court has not confirmed the sanction. 
 75.35     (c) If the court does not confirm the recommendation, the 
 75.36  probation officer may ask the court to commence revocation 
 76.1   proceedings under section 609.14. 
 76.2      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 76.3   confirmation of the probation violation sanction as provided in 
 76.4   rule 28.05 of the Rules of Criminal Procedure. 
 76.5      Sec. 19.  [401.029] [ELECTION NOT TO PARTICIPATE.] 
 76.6      If the offender elects not to participate in the sanctions 
 76.7   conference, the probation officer may ask the court to initiate 
 76.8   revocation proceedings or refer the matter to the appropriate 
 76.9   prosecuting authority for action under section 609.14.  The 
 76.10  probation officer also may take action to apprehend and detain 
 76.11  the offender under section 401.025. 
 76.12     Sec. 20.  Minnesota Statutes 1998, section 609.135, 
 76.13  subdivision 1, is amended to read: 
 76.14     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 76.15  sentence of life imprisonment is required by law, or when a 
 76.16  mandatory minimum sentence is required by section 609.11, any 
 76.17  court may stay imposition or execution of sentence and: 
 76.18     (1) may order intermediate sanctions without placing the 
 76.19  defendant on probation; or 
 76.20     (2) may place the defendant on probation with or without 
 76.21  supervision and on the terms the court prescribes, including 
 76.22  intermediate sanctions when practicable.  The court may order 
 76.23  the supervision to be under the probation officer of the court, 
 76.24  or, if there is none and the conviction is for a felony or gross 
 76.25  misdemeanor, by the commissioner of corrections, or in any case 
 76.26  by some other suitable and consenting person.  Unless the court 
 76.27  directs otherwise, state parole and probation agents and 
 76.28  probation officers may impose community work service for an 
 76.29  offender's probation violation, consistent with section 243.05, 
 76.30  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5, 
 76.31  or probation violation sanctions, consistent with sections 
 76.32  243.051 to 243.054; 244.196 to 244.199; or 401.026 to 401.029. 
 76.33     No intermediate sanction may be ordered performed at a 
 76.34  location that fails to observe applicable requirements or 
 76.35  standards of chapter 181A or 182, or any rule promulgated under 
 76.36  them.  
 77.1      (b) For purposes of this subdivision, subdivision 6, and 
 77.2   section 609.14, the term "intermediate sanctions" includes but 
 77.3   is not limited to incarceration in a local jail or workhouse, 
 77.4   home detention, electronic monitoring, intensive probation, 
 77.5   sentencing to service, reporting to a day reporting center, 
 77.6   chemical dependency or mental health treatment or counseling, 
 77.7   restitution, fines, day-fines, community work service, work 
 77.8   service in a restorative justice program, work in lieu of or to 
 77.9   work off fines and, with the victim's consent, work in lieu of 
 77.10  or to work off restitution.  
 77.11     (c) A court may not stay the revocation of the driver's 
 77.12  license of a person convicted of violating the provisions of 
 77.13  section 169.121. 
 77.14     Sec. 21.  [CONTINUED OPERATION OF RUSH CITY PRISON.] 
 77.15     The custody level 4 correctional facility at Rush City may 
 77.16  not continue to house inmates after July 1, 2001, unless its 
 77.17  continued operation is specifically authorized by law. 
 77.18     Sec. 22.  [PRIVATE VENDOR TO OPERATE EDUCATIONAL PROGRAM AT 
 77.19  MCF-RED WING.] 
 77.20     The commissioner of administration shall develop and issue 
 77.21  a request for proposals from private vendors to operate the 
 77.22  educational program at the Minnesota correctional facility-Red 
 77.23  Wing.  The request must allow for bids from vendors across the 
 77.24  country.  The commissioner shall select a private vendor who 
 77.25  shall begin operating the program by January 1, 2000. 
 77.26     Sec. 23.  [STUDY OF CORRECTIONAL OFFICER STAFFING.] 
 77.27     Subdivision 1.  [STUDY REQUIRED.] The commissioner of 
 77.28  corrections shall study issues related to correctional officer 
 77.29  staffing at correctional facilities under the commissioner's 
 77.30  control.  The study must focus on the ratio of supervisory 
 77.31  officers to nonsupervisory officers, the criteria and average 
 77.32  length of time for promotion to supervisory positions, the 
 77.33  salaries of supervisory and nonsupervisory officers, the ratio 
 77.34  of all officers to inmates, and other related issues.  To the 
 77.35  degree feasible, the commissioner shall compare the department's 
 77.36  staffing system and pay scale to that of other states, the 
 78.1   federal government, and private correctional vendors. 
 78.2      Subd. 2.  [REPORT REQUIRED.] By January 15, 2000, the 
 78.3   commissioner shall report to the chairs and ranking minority 
 78.4   members of the senate and house committees and divisions having 
 78.5   jurisdiction over criminal justice funding on the results of the 
 78.6   study described in subdivision 1. 
 78.7      Sec. 24.  [MINNESOTA CORRECTIONAL FACILITY-SAUK CENTRE; 
 78.8   TRANSFER.] 
 78.9      Before January 1, 2000, the commissioner of corrections 
 78.10  shall transfer the residents of the Minnesota correctional 
 78.11  facility-Sauk Centre to other facilities.  On January 1, 2000, 
 78.12  responsibility for operating and maintaining the state land and 
 78.13  buildings that compose the Minnesota correctional facility-Sauk 
 78.14  Centre is transferred to the commissioner of administration 
 78.15  under Minnesota Statutes, section 15.039. 
 78.16     Sec. 25.  [REQUEST; DISTRICT COURT.] 
 78.17     (a) The chief judge in each judicial district, in 
 78.18  consultation with other judges in the district, is requested to 
 78.19  develop rules containing procedures for the sanctions conference 
 78.20  identified in this act and to develop a sanctions conference 
 78.21  form that includes notice to the offender: 
 78.22     (1) of the specific court-ordered condition of release that 
 78.23  the offender has allegedly violated, the probation officer's 
 78.24  authority to ask the court to revoke the offender's probation 
 78.25  for the technical violation, and the offender's right to elect 
 78.26  to participate in a sanctions conference to address the 
 78.27  technical violation in lieu of the probation officer asking the 
 78.28  court to revoke the offender's probation; 
 78.29     (2) that participation in the sanctions conference is in 
 78.30  lieu of a court hearing under Minnesota Statutes, section 
 78.31  609.14, and that, if the offender elects to participate in the 
 78.32  sanctions conference, the offender must admit, or agree not to 
 78.33  contest, the alleged technical violation and must waive the 
 78.34  right to contest the violation at a judicial hearing, present 
 78.35  evidence, call witnesses, cross-examine the state's witnesses, 
 78.36  and be represented by counsel; 
 79.1      (3) that, if the offender chooses, the offender has a right 
 79.2   to a hearing before the court under Minnesota Statutes, section 
 79.3   609.14, for a determination of whether the offender committed 
 79.4   the alleged violation, including the right to be present at the 
 79.5   hearing, to cross-examine witnesses, to have witnesses 
 79.6   subpoenaed for the offender, to have an attorney present or to 
 79.7   have an attorney appointed if the offender cannot afford one, 
 79.8   and to require the state to prove the allegations against the 
 79.9   offender; 
 79.10     (4) that, if, after a hearing, the court finds the 
 79.11  violations have been proven, the court may continue the 
 79.12  sentence, subject to the same, modified, or additional 
 79.13  conditions, or order a sanction which may include incarceration, 
 79.14  additional fines, revocation of the stay of sentence, imposition 
 79.15  of sentence, or other sanctions; 
 79.16     (5) that the decision to participate in the sanctions 
 79.17  conference will not result in the probation officer recommending 
 79.18  revocation of the offender's stay of sentence, unless the 
 79.19  offender fails to successfully complete the probation violation 
 79.20  sanction; 
 79.21     (6) that various types of probation violation sanctions may 
 79.22  be imposed and that the probation violation sanctions imposed on 
 79.23  the offender will depend on the nature of the technical 
 79.24  violation, the offender's criminal history, and the offender's 
 79.25  level of supervision; 
 79.26     (7) that the probation violation sanctions supplement any 
 79.27  existing conditions of release; and 
 79.28     (8) that participation in the sanctions conference requires 
 79.29  completion of all probation violation sanctions imposed by the 
 79.30  probation agency, and that failure to successfully complete the 
 79.31  imposed probation violation sanctions could result in additional 
 79.32  sanctions or the commencement of revocation proceedings under 
 79.33  Minnesota Statutes, section 609.14. 
 79.34     (b) The chief judge of each judicial district is encouraged 
 79.35  to cooperate with the chief judges of the other judicial 
 79.36  districts in the state to develop rules for sanctions 
 80.1   conferences and a sanctions conference form that will treat 
 80.2   offenders uniformly throughout the state. 
 80.3      Sec. 26.  [REPEALER.] 
 80.4      (a) Minnesota Statutes 1998, section 241.277; and Laws 
 80.5   1997, chapter 238, section 4, are repealed. 
 80.6      (b) Minnesota Statutes 1998, section 401.02, subdivision 5, 
 80.7   is repealed. 
 80.8      Sec. 27.  [EFFECTIVE DATES.] 
 80.9      Sections 22 and 26, paragraph (a), are effective the day 
 80.10  following final enactment.  However, the adult work program 
 80.11  described in Minnesota Statutes, section 241.277, shall continue 
 80.12  to operate until all offenders at the program on the day 
 80.13  following final enactment have completed it.  Sections 5 to 20, 
 80.14  25, and 26, paragraph (b), are effective August 1, 1999, and 
 80.15  apply to technical violations of probation that occur on or 
 80.16  after that date.  
 80.17                             ARTICLE 5
 80.18                          LAW ENFORCEMENT
 80.19     Section 1.  Minnesota Statutes 1998, section 260.161, 
 80.20  subdivision 1, is amended to read: 
 80.21     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 80.22  juvenile court judge shall keep such minutes and in such manner 
 80.23  as the court deems necessary and proper.  Except as provided in 
 80.24  paragraph (b), the court shall keep and maintain records 
 80.25  pertaining to delinquent adjudications until the person reaches 
 80.26  the age of 28 years and shall release the records on an 
 80.27  individual to another juvenile court that has jurisdiction of 
 80.28  the juvenile, to a requesting adult court for purposes of 
 80.29  sentencing, or to an adult court or juvenile court as required 
 80.30  by the right of confrontation of either the United States 
 80.31  Constitution or the Minnesota Constitution.  The juvenile court 
 80.32  shall provide, upon the request of any other juvenile court, 
 80.33  copies of the records concerning adjudications involving the 
 80.34  particular child.  The court also may provide copies of records 
 80.35  concerning delinquency adjudications, on request, to law 
 80.36  enforcement agencies, probation officers, and corrections agents 
 81.1   if the court finds that providing these records serves public 
 81.2   safety or is in the best interests of the child.  Until July 1, 
 81.3   1999 2001, juvenile court delinquency proceeding records of 
 81.4   adjudications, court transcripts, and delinquency petitions, 
 81.5   including any probable cause attachments that have been filed or 
 81.6   police officer reports relating to a petition, must be released 
 81.7   to requesting law enforcement agencies and prosecuting 
 81.8   authorities for purposes of investigating and prosecuting 
 81.9   violations of section 609.229, provided that psychological or 
 81.10  mental health reports may not be included with those records.  
 81.11  The agency receiving the records may release the records only as 
 81.12  permitted under this section or authorized by law. 
 81.13     The court shall also keep an index in which files 
 81.14  pertaining to juvenile matters shall be indexed under the name 
 81.15  of the child.  After the name of each file shall be shown the 
 81.16  file number and, if ordered by the court, the book and page of 
 81.17  the register in which the documents pertaining to such file are 
 81.18  listed.  The court shall also keep a register properly indexed 
 81.19  in which shall be listed under the name of the child all 
 81.20  documents filed pertaining to the child and in the order filed.  
 81.21  The list shall show the name of the document and the date of 
 81.22  filing thereof.  The juvenile court legal records shall be 
 81.23  deposited in files and shall include the petition, summons, 
 81.24  notice, findings, orders, decrees, judgments, and motions and 
 81.25  such other matters as the court deems necessary and proper.  
 81.26  Unless otherwise provided by law, all court records shall be 
 81.27  open at all reasonable times to the inspection of any child to 
 81.28  whom the records relate, and to the child's parent and guardian. 
 81.29     (b) The court shall retain records of the court finding 
 81.30  that a juvenile committed an act that would be a felony or gross 
 81.31  misdemeanor level offense until the offender reaches the age of 
 81.32  28.  If the offender commits a felony as an adult, or the court 
 81.33  convicts a child as an extended jurisdiction juvenile, the court 
 81.34  shall retain the juvenile records for as long as the records 
 81.35  would have been retained if the offender had been an adult at 
 81.36  the time of the juvenile offense.  This paragraph does not apply 
 82.1   unless the juvenile was provided counsel as required by section 
 82.2   260.155, subdivision 2. 
 82.3      Sec. 2.  [299A.411] [POSTTRAUMATIC STRESS SYNDROME 
 82.4   BENEFIT.] 
 82.5      Any peace officer as defined in section 626.84, subdivision 
 82.6   1, paragraph (c), who suffers a debilitating psychological 
 82.7   reaction to a traumatic event and is diagnosed by a licensed 
 82.8   psychologist or psychiatrist as suffering from posttraumatic 
 82.9   stress syndrome, whether or not there is also an accompanying 
 82.10  physical injury or physical cause of the condition, is entitled 
 82.11  to: 
 82.12     (1) payment by the employer for a loss of wages up to but 
 82.13  not beyond one year while the officer is so disabled; and 
 82.14     (2) unless otherwise provided, payment by the employer for 
 82.15  medical treatment, including psychiatric and/or psychological 
 82.16  counseling to cure and relieve the effects of the posttraumatic 
 82.17  stress syndrome up to but not beyond one year while the officer 
 82.18  is so disabled. 
 82.19  For the purposes of this section, "traumatic event" means an 
 82.20  event involving the employee lawfully taking the life or causing 
 82.21  great bodily harm of another by force or violence.  For the 
 82.22  purposes of this section, "great bodily harm" has the meaning 
 82.23  given it in section 609.02, subdivision 8. 
 82.24     Sec. 3.  Minnesota Statutes 1998, section 609.531, 
 82.25  subdivision 1, is amended to read: 
 82.26     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 82.27  609.531 to 609.5318, the following terms have the meanings given 
 82.28  them. 
 82.29     (a) "Conveyance device" means a device used for 
 82.30  transportation and includes, but is not limited to, a motor 
 82.31  vehicle, trailer, snowmobile, airplane, and vessel and any 
 82.32  equipment attached to it.  The term "conveyance device" does not 
 82.33  include property which is, in fact, itself stolen or taken in 
 82.34  violation of the law.  
 82.35     (b) "Weapon used" means a dangerous weapon as defined under 
 82.36  section 609.02, subdivision 6, that the actor used or had in 
 83.1   possession in furtherance of a crime.  
 83.2      (c) "Property" means property as defined in section 609.52, 
 83.3   subdivision 1, clause (1).  
 83.4      (d) "Contraband" means property which is illegal to possess 
 83.5   under Minnesota law.  
 83.6      (e) "Appropriate agency" means the bureau of criminal 
 83.7   apprehension, the Minnesota state patrol, a county sheriff's 
 83.8   department, the suburban Hennepin regional park district park 
 83.9   rangers, the department of natural resources division of 
 83.10  enforcement, the University of Minnesota police department, or a 
 83.11  city or airport police department, or the criminal gang strike 
 83.12  force described in section 299A.64.  
 83.13     (f) "Designated offense" includes:  
 83.14     (1) for weapons used:  any violation of this chapter, 
 83.15  chapter 152, or chapter 624; 
 83.16     (2) for all other purposes:  a felony violation of, or a 
 83.17  felony-level attempt or conspiracy to violate, section 325E.17; 
 83.18  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 83.19  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 83.20  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 83.21  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 83.22  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 83.23  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 83.24  609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
 83.25  609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 
 83.26  1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 
 83.27  609.825; 609.86; 609.88; 609.89; 609.893; 617.246; or a gross 
 83.28  misdemeanor or felony violation of section 609.891 or 624.7181; 
 83.29  or any violation of section 609.324.  
 83.30     (g) "Controlled substance" has the meaning given in section 
 83.31  152.01, subdivision 4. 
 83.32     Sec. 4.  Minnesota Statutes 1998, section 609.5315, is 
 83.33  amended by adding a subdivision to read: 
 83.34     Subd. 5b.  [DISTRIBUTION OF MONEY; CRIMINAL GANG STRIKE 
 83.35  FORCE.] (a) The money or proceeds forwarded to the criminal gang 
 83.36  strike force under subdivision 5, clause (1), must be 
 84.1   administered by the criminal gang oversight council described in 
 84.2   section 299A.64.  The council may use up to 50 percent of the 
 84.3   money or proceeds for expenses related to the operation of the 
 84.4   council and the strike force.  The council shall forward a 
 84.5   minimum of 50 percent of the money or proceeds to the 
 84.6   commissioner of finance.  The commissioner shall deposit the 
 84.7   money into the gang prevention and intervention account 
 84.8   described in section 299A.2895. 
 84.9      (b) The council shall specify in its annual report required 
 84.10  in section 299A.64, subdivision 10, the amount of money received 
 84.11  under this subdivision and the amount forwarded under paragraph 
 84.12  (a). 
 84.13     Sec. 5.  Minnesota Statutes 1998, section 626.5532, 
 84.14  subdivision 1, is amended to read: 
 84.15     Subdivision 1.  [REPORTS.] (a) If a peace officer pursues a 
 84.16  fleeing suspect, the officer's department head must file a 
 84.17  notice of the incident with the commissioner of public safety 
 84.18  within 30 days following the pursuit.  A pursuit must be 
 84.19  reported under this section if it is a pursuit by a peace 
 84.20  officer of a motor vehicle being operated in violation of 
 84.21  section 609.487.  The notice must contain information concerning 
 84.22  the reason for and circumstances surrounding the pursuit, 
 84.23  including the alleged offense, the length of the pursuit in 
 84.24  distance and time, the outcome of the pursuit, any charges filed 
 84.25  against the suspect as a result of the pursuit, injuries and 
 84.26  property damage resulting from the pursuit, and other 
 84.27  information deemed relevant by the commissioner.  
 84.28     (b) A department head who fails to report to the 
 84.29  commissioner as required by this section is subject to licensing 
 84.30  sanctions as provided in section 626.8458, subdivision 6. 
 84.31     Sec. 6.  Minnesota Statutes 1998, section 626.845, 
 84.32  subdivision 1, is amended to read: 
 84.33     Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
 84.34  the following powers and duties: 
 84.35     (a) To certify peace officers' training schools or programs 
 84.36  administered by state, county and municipalities located within 
 85.1   this state in whole or in part no later than 90 days after 
 85.2   receipt of an application for certification.  The reasons for 
 85.3   noncertification of any school or program or part thereof shall 
 85.4   be transmitted to the school within 90 days and shall contain a 
 85.5   detailed explanation of the reasons for which the school or 
 85.6   program was disapproved and an explanation of what supporting 
 85.7   material or other requirements are necessary for the board to 
 85.8   reconsider.  Disapproval of a school or program shall not 
 85.9   preclude the reapplication for certification of the school or 
 85.10  program; 
 85.11     (b) To issue certificates to schools, and to revoke such 
 85.12  certification when necessary to maintain the objectives and 
 85.13  purposes of sections 626.841 to 626.863; 
 85.14     (c) To certify, as qualified, instructors at peace officer 
 85.15  training schools, and to issue appropriate certificates to such 
 85.16  instructors; 
 85.17     (d) To license peace officers who have satisfactorily 
 85.18  completed certified basic training programs, and passed 
 85.19  examinations as required by the board; 
 85.20     (e) To cause studies and surveys to be made relating to the 
 85.21  establishment, operation, and approval of state, county, and 
 85.22  municipal peace officer training schools; 
 85.23     (f) To consult and cooperate with state, county, and 
 85.24  municipal peace officer training schools for the development of 
 85.25  in-service training programs for peace officers; 
 85.26     (g) To consult and cooperate with universities, colleges, 
 85.27  and technical colleges for the development of specialized 
 85.28  courses of instruction and study in the state for peace officers 
 85.29  and part-time peace officers in police science and police 
 85.30  administration; 
 85.31     (h) To consult and cooperate with other departments and 
 85.32  agencies of the state and federal government concerned with 
 85.33  peace officer standards and training; 
 85.34     (i) To perform such other acts as may be necessary and 
 85.35  appropriate to carry out the powers and duties as set forth in 
 85.36  the provisions of sections 626.841 to 626.863; 
 86.1      (j) To coordinate the provision, on a regional basis, of 
 86.2   skills oriented basic training courses to graduates of certified 
 86.3   law enforcement training schools or programs; 
 86.4      (k) To obtain criminal conviction data for persons seeking 
 86.5   a license to be issued or possessing a license issued by the 
 86.6   board.  The board shall have authority to obtain criminal 
 86.7   conviction data to the full extent that any other law 
 86.8   enforcement agency, as that term is defined by state or federal 
 86.9   law, has to obtain the data; 
 86.10     (l) To prepare and transmit annually to the governor a 
 86.11  report of its activities with respect to allocation of moneys 
 86.12  appropriated to it for peace officers training, including the 
 86.13  name and address of each recipient of money for that purpose, 
 86.14  the amount awarded, and the purpose of the award; and 
 86.15     (m) To assist and cooperate with any political subdivision 
 86.16  or state law enforcement agency which employs persons licensed 
 86.17  by the board to establish written procedures for the 
 86.18  investigation and resolution of allegations of misconduct of 
 86.19  persons licensed by the board, and to enforce licensing 
 86.20  sanctions for failure to implement such procedures; and 
 86.21     (n) To assist and cooperate with political subdivisions and 
 86.22  state law enforcement agencies that employ persons licensed by 
 86.23  the board in establishing written procedures to govern the 
 86.24  conduct of peace officers who are in pursuit of a vehicle in 
 86.25  violation of section 609.487, and requirements for the training 
 86.26  of peace officers in conducting pursuits.  The board may impose 
 86.27  licensing sanctions for failure to establish pursuit procedures 
 86.28  and training requirements by October 1, 1989.  
 86.29     In addition, the board may maintain data received from law 
 86.30  enforcement agencies under section 626.87, subdivision 5, 
 86.31  provide the data to requesting law enforcement agencies who are 
 86.32  conducting background investigations, and maintain data on 
 86.33  applicants and licensees as part of peace officer license data.  
 86.34  The data that may be maintained include the name of the law 
 86.35  enforcement agency conducting the investigation and data on the 
 86.36  candidate provided under section 626.87, subdivision 5, clauses 
 87.1   (1) and (2). 
 87.2      Sec. 7.  [626.8458] [VEHICLE PURSUITS; POLICIES AND 
 87.3   INSTRUCTION REQUIRED.] 
 87.4      Subdivision 1.  [PURPOSE.] The legislature finds that 
 87.5   emergency vehicle operations are an integral part of law 
 87.6   enforcement's commitment to public safety.  Law enforcement 
 87.7   agencies shall make reasonable efforts to guide their officers 
 87.8   in the safe and responsible performance of their emergency 
 87.9   response duties.  Although laws and rules provide the foundation 
 87.10  for the conduct of law enforcement officers, continuous and 
 87.11  effective training is essential to ensure proper law enforcement 
 87.12  action during emergency vehicle operations, including police 
 87.13  pursuits.  This training must be designed to give officers both 
 87.14  skills and decision-making ability so that emergency vehicle 
 87.15  operations can be resolved safely and successfully. 
 87.16     Subd. 2.  [STATEWIDE MODEL POLICY.] (a) By July 1, 1999, 
 87.17  the board shall adopt a new or revised model policy governing 
 87.18  the conduct of peace officers who are in pursuit of a vehicle 
 87.19  being operated in violation of section 609.487.  In order to 
 87.20  assist peace officers in responding to the complex and 
 87.21  unpredictable factors associated with police pursuits, the model 
 87.22  policy shall, at a minimum, contain the following components: 
 87.23     (1) a statement describing the philosophy of the model 
 87.24  policy.  This philosophy must state that the safety of all 
 87.25  persons involved in or by a police pursuit is of primary 
 87.26  importance.  It also must balance the risks of the pursuit to 
 87.27  the public and peace officers with the consequences of failing 
 87.28  to pursue; 
 87.29     (2) the factors to be considered in initiating and 
 87.30  terminating a pursuit, and the standards for evaluating the need 
 87.31  to initiate or terminate a pursuit; 
 87.32     (3) the procedures, tactics, and technologies used during 
 87.33  pursuits; 
 87.34     (4) the various responsibilities of the pursuing officers, 
 87.35  the officer supervising the pursuit, the dispatcher, and air 
 87.36  support; 
 88.1      (5) the procedures governing interjurisdictional pursuits; 
 88.2      (6) the procedures governing care of any persons injured in 
 88.3   the course of the pursuit; 
 88.4      (7) the contents of pursuit reports filed under section 
 88.5   626.5532; and 
 88.6      (8) the procedures used to evaluate each pursuit. 
 88.7      (b) The board shall invite victims and family members of 
 88.8   victims of accidents resulting from police pursuits and other 
 88.9   interested members of the public to serve on an advisory panel.  
 88.10  The panel shall advise the board on matters related to the 
 88.11  development of the model policy and police pursuit training.  
 88.12  The board shall consider the advice of the panel when adopting 
 88.13  the model policy.  For purposes of this paragraph, "victims" 
 88.14  does not include individuals who are being pursued by the police.
 88.15     (c) The board shall review and, as necessary, revise the 
 88.16  model pursuit policy in collaboration with the Minnesota chiefs 
 88.17  of police association, the Minnesota sheriffs association, the 
 88.18  Minnesota police and peace officers association, and other 
 88.19  interested law enforcement industry groups. 
 88.20     Subd. 3.  [AGENCY POLICIES REQUIRED.] (a) The chief law 
 88.21  enforcement officer of every state and local law enforcement 
 88.22  agency must establish and enforce a written policy governing the 
 88.23  conduct of peace officers employed by the agency who are in 
 88.24  pursuit of a vehicle being operated in violation of section 
 88.25  609.487.  The policy must, at a minimum, comply with the 
 88.26  requirements of any new or revised model pursuit policy adopted 
 88.27  by the board under subdivision 2 and must take into account any 
 88.28  pursuit vehicle technology that is available to the agency. 
 88.29     (b) Every state and local law enforcement agency must 
 88.30  certify annually to the board that it has adopted a written 
 88.31  policy in compliance with the board's model pursuit policy. 
 88.32     (c) The board shall assist the chief law enforcement 
 88.33  officer of each state and local law enforcement agency in 
 88.34  developing and implementing pursuit policies under this 
 88.35  subdivision. 
 88.36     Subd. 4.  [PRE-SERVICE TRAINING IN POLICE PURSUITS 
 89.1   REQUIRED.] (a) The board shall prepare learning objectives for 
 89.2   instructing peace officers in emergency vehicle operations and 
 89.3   in the conduct of police pursuits.  The course shall consist of 
 89.4   at least seven hours of classroom and skills-based training. 
 89.5      (b) An individual is not eligible to take the peace officer 
 89.6   licensing examination on or after July 1, 2000, unless the 
 89.7   individual has received the training described in paragraph (a). 
 89.8      (c) An individual who does not routinely operate a marked 
 89.9   squad car and is not assigned to patrol duties is not required 
 89.10  to receive the training described in paragraph (a). 
 89.11     Subd. 5.  [IN-SERVICE TRAINING IN POLICE PURSUITS 
 89.12  REQUIRED.] The chief law enforcement officer of every state and 
 89.13  local law enforcement agency shall provide in-service training 
 89.14  in emergency vehicle operations and in the conduct of police 
 89.15  pursuits to every peace officer and part-time peace officer 
 89.16  employed by the agency who routinely operates a marked squad car 
 89.17  and is assigned to patrol duties.  The training shall comply 
 89.18  with learning objectives developed and approved by the board and 
 89.19  shall consist of at least eight hours of classroom and 
 89.20  skills-based training every two years. 
 89.21     Subd. 6.  [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 
 89.22  board may impose licensing sanctions and seek injunctive relief 
 89.23  under section 214.11 for failure to comply with the requirements 
 89.24  of this section and for failure to report as required in section 
 89.25  626.5532, subdivision 1. 
 89.26     Sec. 8.  [626.8459] [POST BOARD; COMPLIANCE REVIEWS 
 89.27  REQUIRED.] 
 89.28     Each year, the board shall conduct compliance reviews on at 
 89.29  least 10 percent of state and local law enforcement agencies.  
 89.30  The compliance reviews must ensure that the information required 
 89.31  under section 626.5532, subdivision 1, is being properly 
 89.32  reported. 
 89.33     Sec. 9.  Minnesota Statutes 1998, section 626.8462, is 
 89.34  amended to read: 
 89.35     626.8462 [COMPETENCY REQUIREMENTS.] 
 89.36     Subdivision 1.  [PART-TIME LICENSING EXAMINATION FOR 
 90.1   OFFICERS IN HENNEPIN COUNTY, RAMSEY COUNTY, AND CITIES OF THE 
 90.2   FIRST CLASS.] Part-time peace officer licensing examinations for 
 90.3   officers employed by a law enforcement agency in Hennepin or 
 90.4   Ramsey county or a city of the first class shall be designed to 
 90.5   insure competency in the following areas reasonably achievable 
 90.6   in courses within a total hourly maximum of 54 320 hours: 
 90.7      (a) Law of arrest, including probable cause; 
 90.8      (b) Law of search and seizure; 
 90.9      (c) Confessions and interrogations, oral and written; 
 90.10     (d) Law and rules of evidence; 
 90.11     (e) Minnesota criminal code; 
 90.12     (f) Juvenile law; 
 90.13     (g) General principles of criminal investigations; 
 90.14     (h) Crime scene search and investigation; 
 90.15     (i) Preservation and collection of crime scene evidence; 
 90.16     (j) Traffic enforcement, including accident investigation. 
 90.17     The board, in consultation with representatives from the 
 90.18  Minnesota chiefs of police association, the Minnesota sheriffs 
 90.19  association, the Minnesota police and peace officers 
 90.20  association, and other interested law enforcement industry 
 90.21  groups, shall prepare learning objectives for a 320-hour course 
 90.22  to test competency under this section. 
 90.23     Subd. 2.  [PART-TIME LICENSING EXAMINATION FOR OFFICERS IN 
 90.24  THE REST OF STATE.] The board shall design a part-time peace 
 90.25  officer licensing examination for officers employed by a law 
 90.26  enforcement agency that is not within Hennepin or Ramsey county 
 90.27  or a city of the first class to insure competency in the areas 
 90.28  specified in subdivision 1 within a total hourly maximum of 54 
 90.29  hours. 
 90.30     Subd. 3.  [INSTRUCTIONAL MATERIALS.] Upon request, the 
 90.31  board shall provide to any sheriff or chief of police lesson 
 90.32  plans and instructional materials reasonably necessary to 
 90.33  conduct classes in the required areas of study.  Nothing herein 
 90.34  shall be construed to prohibit a requirement for more 
 90.35  comprehensive training imposed by a local law enforcement agency.
 90.36     Sec. 10.  Minnesota Statutes 1998, section 626.8463, 
 91.1   subdivision 1, is amended to read: 
 91.2      Subdivision 1.  [APPOINTMENT REQUIREMENTS.] (a) Any 
 91.3   individual appointed or employed as a part-time peace officer 
 91.4   shall provide proof to the board that the individual has: 
 91.5      (1) satisfied the selection standards of the board then in 
 91.6   effect; 
 91.7      (2) successfully completed board recognized courses in 
 91.8   first aid and firearms training, including legal limitations on 
 91.9   the justifiable use of deadly force; and 
 91.10     (3) successfully passed a the appropriate board part-time 
 91.11  peace officer licensing examination. 
 91.12     (b) The board shall develop a new examination that tests in 
 91.13  depth the expanded competency requirements of section 626.8462, 
 91.14  subdivision 1.  The board shall consult with representatives 
 91.15  from the Minnesota chiefs of police association, the Minnesota 
 91.16  sheriffs association, the Minnesota police and peace officers 
 91.17  association, and other interested law enforcement industry 
 91.18  groups when developing the examination. 
 91.19     Sec. 11.  Minnesota Statutes 1998, section 626.8465, 
 91.20  subdivision 2, is amended to read: 
 91.21     Subd. 2.  [PART-TIME PEACE OFFICER LICENSE, RESTRICTION.] 
 91.22  Subject to section 626.8468, subdivision 1, any individual 
 91.23  licensed by the board as a part-time peace officer shall be 
 91.24  eligible for appointment or employment anywhere in the state as 
 91.25  a part-time peace officer but not as a peace officer unless the 
 91.26  individual meets board training and licensing requirements then 
 91.27  in effect for peace officers. 
 91.28     Sec. 12.  [626.8468] [CURRENT PART-TIME PEACE OFFICERS TO 
 91.29  TAKE TRAINING COURSE FOR LICENSE RENEWAL.] 
 91.30     Subdivision 1.  [CAP ON NUMBER OF PART-TIME PEACE OFFICERS 
 91.31  PER AGENCY.] (a) A law enforcement agency that employed a 
 91.32  licensed part-time peace officer or that was in the process of 
 91.33  training an individual to become a licensed part-time peace 
 91.34  officer on or before February 1, 1999, may continue to do so.  
 91.35  Except as provided in paragraph (b), no agency may employ more 
 91.36  part-time peace officers than it employed in calendar year 1998. 
 92.1      (b) If a local unit of government dissolves a law 
 92.2   enforcement agency that employs a part-time peace officer 
 92.3   authorized under paragraph (a) and contracts with another law 
 92.4   enforcement agency to provide law enforcement services, the law 
 92.5   enforcement agency contracted with may add that number of 
 92.6   part-time positions to the agency's maximum under paragraph (a) 
 92.7   if the agency hires or offers employment to all full-time peace 
 92.8   officers employed by the dissolved agency at the time of 
 92.9   dissolution.  The employment offered must be of comparable 
 92.10  responsibility and salary. 
 92.11     Subd. 2.  [SUCCESSFUL COMPLETION OF TRAINING COURSE 
 92.12  REQUIRED.] All persons licensed as part-time peace officers must 
 92.13  successfully complete the competency training described in 
 92.14  section 626.8462.  A person licensed as a part-time peace 
 92.15  officer and employed by a law enforcement agency in Hennepin or 
 92.16  Ramsey county or a city of the first class must successfully 
 92.17  complete the competency training described in section 626.8462, 
 92.18  subdivision 1.  A person licensed as a part-time peace officer 
 92.19  and employed by a law enforcement agency that is not within 
 92.20  Hennepin or Ramsey county or a city of the first class shall 
 92.21  complete the competency training described in section 626.8462, 
 92.22  subdivision 2.  The training must be offered free of charge in 
 92.23  locations throughout the state.  After December 31, 2001, the 
 92.24  board may not renew the license of a part-time peace officer who 
 92.25  has not successfully completed the appropriate course. 
 92.26     Subd. 3.  [CONTINUING EDUCATION.] After successfully 
 92.27  completing the competency training described in Minnesota 
 92.28  Statutes, section 626.8462, licensed part-time peace officers 
 92.29  shall comply with continuing education standards required by the 
 92.30  board for peace officers. 
 92.31     Subd. 4.  [OPPORTUNITY TO FOREGO COMPETENCY TRAINING.] A 
 92.32  person who is currently licensed as a part-time peace officer 
 92.33  and employed by a law enforcement agency in Hennepin or Ramsey 
 92.34  county, or a city of the first class, may take the new 
 92.35  examination described in section 626.8463, subdivision 1, 
 92.36  paragraph (b), without having completed the competency training 
 93.1   described in section 626.8462.  If the person passes the 
 93.2   examination, the person is exempt from the provisions of 
 93.3   subdivision 2, but shall comply with continuing education 
 93.4   standards required by the board for peace officers.  If the 
 93.5   person does not pass the examination, the person must 
 93.6   successfully complete the competency training as described in 
 93.7   subdivision 2. 
 93.8      Sec. 13.  [CAPITOL COMPLEX SECURITY STUDY.] 
 93.9      Subdivision 1.  [STUDY REQUIRED.] The superintendent of the 
 93.10  bureau of criminal apprehension shall conduct an in-depth study 
 93.11  on issues related to capitol complex security, including general 
 93.12  security in the capitol complex and specific security for 
 93.13  constitutional officers and their families, legislators, members 
 93.14  of the judiciary housed in the capitol complex, state employees, 
 93.15  visitors to the capitol complex, and visiting dignitaries.  The 
 93.16  superintendent shall analyze the strengths and weaknesses of the 
 93.17  current manner in which security is provided.  To the degree 
 93.18  feasible, the superintendent shall examine how similar security 
 93.19  is provided in other states. 
 93.20     Subd. 2.  [REPORT REQUIRED.] By January 15, 2000, the 
 93.21  superintendent shall report to the legislature and the governor 
 93.22  on the results of the study.  In addition to the requirements 
 93.23  described in subdivision 1, the report must include 
 93.24  recommendations on ways to improve security, if improvements are 
 93.25  determined to be necessary.  These recommendations must be 
 93.26  accompanied by an analysis of the increased resources necessary 
 93.27  to implement the improvements.  The report must address the 
 93.28  advisability of having a single entity provide this security and 
 93.29  an assessment of which state agency or division would be best 
 93.30  suited to the role. 
 93.31     Sec. 14.  [REPEALER.] 
 93.32     (a) Minnesota Statutes 1998, section 626.5532, subdivision 
 93.33  2, is repealed. 
 93.34     (b) Minnesota Statutes 1998, section 626.8463, subdivision 
 93.35  2, is repealed. 
 93.36     Sec. 15.  [EFFECTIVE DATE.] 
 94.1      Sections 2, 3, 4, 9 to 12, and 14, paragraph (b), are 
 94.2   effective the day following final enactment. 
 94.3                              ARTICLE 6
 94.4                           OTHER PROVISIONS
 94.5      Section 1.  Minnesota Statutes 1998, section 2.722, 
 94.6   subdivision 1, is amended to read: 
 94.7      Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
 94.8   state is divided into ten judicial districts composed of the 
 94.9   following named counties, respectively, in each of which 
 94.10  districts judges shall be chosen as hereinafter specified: 
 94.11     1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
 94.12  Sibley; 28 33 judges; and four permanent chambers shall be 
 94.13  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
 94.14  other shall be maintained at the place designated by the chief 
 94.15  judge of the district; 
 94.16     2.  Ramsey; 24 26 judges; 
 94.17     3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
 94.18  Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 
 94.19  chambers shall be maintained in Faribault, Albert Lea, Austin, 
 94.20  Rochester, and Winona; 
 94.21     4.  Hennepin; 57 62 judges; 
 94.22     5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
 94.23  Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
 94.24  Martin, and Jackson; 17 16 judges; and permanent chambers shall 
 94.25  be maintained in Marshall, Windom, Fairmont, New Ulm, and 
 94.26  Mankato; 
 94.27     6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
 94.28     7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
 94.29  Stearns, Todd, Clay, Becker, and Wadena; 22 25 judges; and 
 94.30  permanent chambers shall be maintained in Moorhead, Fergus 
 94.31  Falls, Little Falls, and St. Cloud; 
 94.32     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
 94.33  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
 94.34  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
 94.35  maintained in Morris, Montevideo, and Willmar; 
 94.36     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
 95.1   Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
 95.2   Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
 95.3   20 23 judges; and permanent chambers shall be maintained in 
 95.4   Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
 95.5   and International Falls; and 
 95.6      10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
 95.7   Chisago, and Washington; 35 39 judges; and permanent chambers 
 95.8   shall be maintained in Anoka, Stillwater, and other places 
 95.9   designated by the chief judge of the district. 
 95.10     Sec. 2.  Minnesota Statutes 1998, section 244.052, 
 95.11  subdivision 1, is amended to read: 
 95.12     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 95.13     (1) "confinement" means confinement in a state correctional 
 95.14  facility or a state treatment facility; 
 95.15     (2) "law enforcement agency" means the law enforcement 
 95.16  agency having primary jurisdiction over the location where the 
 95.17  offender expects to reside upon release; and 
 95.18     (3) "sex offender" and "offender" mean a person who has 
 95.19  been convicted of an offense for which registration under 
 95.20  section 243.166 is required or a person who has been committed 
 95.21  pursuant to a court commitment order under section 253B.185 or 
 95.22  Minnesota Statutes 1992, section 526.10, regardless of whether 
 95.23  the person was convicted of any offense; 
 95.24     (4) "park zone" has the meaning given in section 152.01, 
 95.25  subdivision 12a; and 
 95.26     (5) "school zone" has the meaning given in section 152.01, 
 95.27  subdivision 14a. 
 95.28     Sec. 3.  Minnesota Statutes 1998, section 244.052, is 
 95.29  amended by adding a subdivision to read: 
 95.30     Subd. 4a.  [LEVEL III OFFENDERS; LIMITATION ON APPROVED 
 95.31  RELEASE PLAN.] When an offender assigned to risk level III is 
 95.32  released from confinement or from a licensed residential 
 95.33  facility to reside in the community, the offender's approved 
 95.34  release plan must prohibit the offender from residing within 
 95.35  1,500 feet of a park zone, a school zone, or another offender 
 95.36  assigned to risk level III. 
 96.1      Sec. 4.  Minnesota Statutes 1998, section 253B.185, is 
 96.2   amended by adding a subdivision to read: 
 96.3      Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) For purposes of 
 96.4   this subdivision, "state facility" has the meaning given in 
 96.5   section 246.50. 
 96.6      (b) Notwithstanding sections 246.54, 253B.045, and any 
 96.7   other law to the contrary, when a petition is filed for 
 96.8   commitment under this section pursuant to the notice required in 
 96.9   section 244.05, subdivision 7, the state and county are each 
 96.10  responsible for 50 percent of the cost of the person's 
 96.11  confinement at a state facility or county jail, prior to 
 96.12  commitment. 
 96.13     (c) The county shall submit an invoice to the state court 
 96.14  administrator for reimbursement of the state's share of the cost 
 96.15  of confinement. 
 96.16     (d) Notwithstanding paragraph (b), the state's 
 96.17  responsibility for reimbursement is limited to the amount 
 96.18  appropriated for this purpose. 
 96.19     Sec. 5.  Minnesota Statutes 1998, section 256.01, 
 96.20  subdivision 2, is amended to read: 
 96.21     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
 96.22  section 241.021, subdivision 2, the commissioner of human 
 96.23  services shall: 
 96.24     (1) Administer and supervise all forms of public assistance 
 96.25  provided for by state law and other welfare activities or 
 96.26  services as are vested in the commissioner.  Administration and 
 96.27  supervision of human services activities or services includes, 
 96.28  but is not limited to, assuring timely and accurate distribution 
 96.29  of benefits, completeness of service, and quality program 
 96.30  management.  In addition to administering and supervising human 
 96.31  services activities vested by law in the department, the 
 96.32  commissioner shall have the authority to: 
 96.33     (a) require county agency participation in training and 
 96.34  technical assistance programs to promote compliance with 
 96.35  statutes, rules, federal laws, regulations, and policies 
 96.36  governing human services; 
 97.1      (b) monitor, on an ongoing basis, the performance of county 
 97.2   agencies in the operation and administration of human services, 
 97.3   enforce compliance with statutes, rules, federal laws, 
 97.4   regulations, and policies governing welfare services and promote 
 97.5   excellence of administration and program operation; 
 97.6      (c) develop a quality control program or other monitoring 
 97.7   program to review county performance and accuracy of benefit 
 97.8   determinations; 
 97.9      (d) require county agencies to make an adjustment to the 
 97.10  public assistance benefits issued to any individual consistent 
 97.11  with federal law and regulation and state law and rule and to 
 97.12  issue or recover benefits as appropriate; 
 97.13     (e) delay or deny payment of all or part of the state and 
 97.14  federal share of benefits and administrative reimbursement 
 97.15  according to the procedures set forth in section 256.017; 
 97.16     (f) make contracts with and grants to public and private 
 97.17  agencies and organizations, both profit and nonprofit, and 
 97.18  individuals, using appropriated funds; and 
 97.19     (g) enter into contractual agreements with federally 
 97.20  recognized Indian tribes with a reservation in Minnesota to the 
 97.21  extent necessary for the tribe to operate a federally approved 
 97.22  family assistance program or any other program under the 
 97.23  supervision of the commissioner.  The commissioner shall consult 
 97.24  with the affected county or counties in the contractual 
 97.25  agreement negotiations, if the county or counties wish to be 
 97.26  included, in order to avoid the duplication of county and tribal 
 97.27  assistance program services.  The commissioner may establish 
 97.28  necessary accounts for the purposes of receiving and disbursing 
 97.29  funds as necessary for the operation of the programs. 
 97.30     (2) Inform county agencies, on a timely basis, of changes 
 97.31  in statute, rule, federal law, regulation, and policy necessary 
 97.32  to county agency administration of the programs. 
 97.33     (3) Administer and supervise all child welfare activities; 
 97.34  promote the enforcement of laws protecting handicapped, 
 97.35  dependent, neglected and delinquent children, and children born 
 97.36  to mothers who were not married to the children's fathers at the 
 98.1   times of the conception nor at the births of the children; 
 98.2   license and supervise child-caring and child-placing agencies 
 98.3   and institutions; supervise the care of children in boarding and 
 98.4   foster homes or in private institutions; and generally perform 
 98.5   all functions relating to the field of child welfare now vested 
 98.6   in the state board of control. 
 98.7      (4) Administer and supervise all noninstitutional service 
 98.8   to handicapped persons, including those who are visually 
 98.9   impaired, hearing impaired, or physically impaired or otherwise 
 98.10  handicapped.  The commissioner may provide and contract for the 
 98.11  care and treatment of qualified indigent children in facilities 
 98.12  other than those located and available at state hospitals when 
 98.13  it is not feasible to provide the service in state hospitals. 
 98.14     (5) Assist and actively cooperate with other departments, 
 98.15  agencies and institutions, local, state, and federal, by 
 98.16  performing services in conformity with the purposes of Laws 
 98.17  1939, chapter 431. 
 98.18     (6) Act as the agent of and cooperate with the federal 
 98.19  government in matters of mutual concern relative to and in 
 98.20  conformity with the provisions of Laws 1939, chapter 431, 
 98.21  including the administration of any federal funds granted to the 
 98.22  state to aid in the performance of any functions of the 
 98.23  commissioner as specified in Laws 1939, chapter 431, and 
 98.24  including the promulgation of rules making uniformly available 
 98.25  medical care benefits to all recipients of public assistance, at 
 98.26  such times as the federal government increases its participation 
 98.27  in assistance expenditures for medical care to recipients of 
 98.28  public assistance, the cost thereof to be borne in the same 
 98.29  proportion as are grants of aid to said recipients. 
 98.30     (7) Establish and maintain any administrative units 
 98.31  reasonably necessary for the performance of administrative 
 98.32  functions common to all divisions of the department. 
 98.33     (8) Act as designated guardian of both the estate and the 
 98.34  person of all the wards of the state of Minnesota, whether by 
 98.35  operation of law or by an order of court, without any further 
 98.36  act or proceeding whatever, except as to persons committed as 
 99.1   mentally retarded.  For children under the guardianship of the 
 99.2   commissioner whose interests would be best served by adoptive 
 99.3   placement, the commissioner may contract with a licensed 
 99.4   child-placing agency to provide adoption services.  A contract 
 99.5   with a licensed child-placing agency must be designed to 
 99.6   supplement existing county efforts and may not replace existing 
 99.7   county programs, unless the replacement is agreed to by the 
 99.8   county board and the appropriate exclusive bargaining 
 99.9   representative or the commissioner has evidence that child 
 99.10  placements of the county continue to be substantially below that 
 99.11  of other counties. 
 99.12     (9) Act as coordinating referral and informational center 
 99.13  on requests for service for newly arrived immigrants coming to 
 99.14  Minnesota. 
 99.15     (10) The specific enumeration of powers and duties as 
 99.16  hereinabove set forth shall in no way be construed to be a 
 99.17  limitation upon the general transfer of powers herein contained. 
 99.18     (11) Establish county, regional, or statewide schedules of 
 99.19  maximum fees and charges which may be paid by county agencies 
 99.20  for medical, dental, surgical, hospital, nursing and nursing 
 99.21  home care and medicine and medical supplies under all programs 
 99.22  of medical care provided by the state and for congregate living 
 99.23  care under the income maintenance programs. 
 99.24     (12) Have the authority to conduct and administer 
 99.25  experimental projects to test methods and procedures of 
 99.26  administering assistance and services to recipients or potential 
 99.27  recipients of public welfare.  To carry out such experimental 
 99.28  projects, it is further provided that the commissioner of human 
 99.29  services is authorized to waive the enforcement of existing 
 99.30  specific statutory program requirements, rules, and standards in 
 99.31  one or more counties.  The order establishing the waiver shall 
 99.32  provide alternative methods and procedures of administration, 
 99.33  shall not be in conflict with the basic purposes, coverage, or 
 99.34  benefits provided by law, and in no event shall the duration of 
 99.35  a project exceed four years.  It is further provided that no 
 99.36  order establishing an experimental project as authorized by the 
100.1   provisions of this section shall become effective until the 
100.2   following conditions have been met: 
100.3      (a) The secretary of health, education, and welfare of the 
100.4   United States has agreed, for the same project, to waive state 
100.5   plan requirements relative to statewide uniformity. 
100.6      (b) A comprehensive plan, including estimated project 
100.7   costs, shall be approved by the legislative advisory commission 
100.8   and filed with the commissioner of administration.  
100.9      (13) According to federal requirements, establish 
100.10  procedures to be followed by local welfare boards in creating 
100.11  citizen advisory committees, including procedures for selection 
100.12  of committee members. 
100.13     (14) Allocate federal fiscal disallowances or sanctions 
100.14  which are based on quality control error rates for the aid to 
100.15  families with dependent children, Minnesota family investment 
100.16  program-statewide, medical assistance, or food stamp program in 
100.17  the following manner:  
100.18     (a) One-half of the total amount of the disallowance shall 
100.19  be borne by the county boards responsible for administering the 
100.20  programs.  For the medical assistance, MFIP-S, and AFDC 
100.21  programs, disallowances shall be shared by each county board in 
100.22  the same proportion as that county's expenditures for the 
100.23  sanctioned program are to the total of all counties' 
100.24  expenditures for the AFDC, MFIP-S, and medical assistance 
100.25  programs.  For the food stamp program, sanctions shall be shared 
100.26  by each county board, with 50 percent of the sanction being 
100.27  distributed to each county in the same proportion as that 
100.28  county's administrative costs for food stamps are to the total 
100.29  of all food stamp administrative costs for all counties, and 50 
100.30  percent of the sanctions being distributed to each county in the 
100.31  same proportion as that county's value of food stamp benefits 
100.32  issued are to the total of all benefits issued for all 
100.33  counties.  Each county shall pay its share of the disallowance 
100.34  to the state of Minnesota.  When a county fails to pay the 
100.35  amount due hereunder, the commissioner may deduct the amount 
100.36  from reimbursement otherwise due the county, or the attorney 
101.1   general, upon the request of the commissioner, may institute 
101.2   civil action to recover the amount due. 
101.3      (b) Notwithstanding the provisions of paragraph (a), if the 
101.4   disallowance results from knowing noncompliance by one or more 
101.5   counties with a specific program instruction, and that knowing 
101.6   noncompliance is a matter of official county board record, the 
101.7   commissioner may require payment or recover from the county or 
101.8   counties, in the manner prescribed in paragraph (a), an amount 
101.9   equal to the portion of the total disallowance which resulted 
101.10  from the noncompliance, and may distribute the balance of the 
101.11  disallowance according to paragraph (a).  
101.12     (15) Develop and implement special projects that maximize 
101.13  reimbursements and result in the recovery of money to the 
101.14  state.  For the purpose of recovering state money, the 
101.15  commissioner may enter into contracts with third parties.  Any 
101.16  recoveries that result from projects or contracts entered into 
101.17  under this paragraph shall be deposited in the state treasury 
101.18  and credited to a special account until the balance in the 
101.19  account reaches $1,000,000.  When the balance in the account 
101.20  exceeds $1,000,000, the excess shall be transferred and credited 
101.21  to the general fund.  All money in the account is appropriated 
101.22  to the commissioner for the purposes of this paragraph. 
101.23     (16) Have the authority to make direct payments to 
101.24  facilities providing shelter to women and their children 
101.25  according to section 256D.05, subdivision 3.  Upon the written 
101.26  request of a shelter facility that has been denied payments 
101.27  under section 256D.05, subdivision 3, the commissioner shall 
101.28  review all relevant evidence and make a determination within 30 
101.29  days of the request for review regarding issuance of direct 
101.30  payments to the shelter facility.  Failure to act within 30 days 
101.31  shall be considered a determination not to issue direct payments.
101.32     (17) Have the authority to establish and enforce the 
101.33  following county reporting requirements:  
101.34     (a) The commissioner shall establish fiscal and statistical 
101.35  reporting requirements necessary to account for the expenditure 
101.36  of funds allocated to counties for human services programs.  
102.1   When establishing financial and statistical reporting 
102.2   requirements, the commissioner shall evaluate all reports, in 
102.3   consultation with the counties, to determine if the reports can 
102.4   be simplified or the number of reports can be reduced. 
102.5      (b) The county board shall submit monthly or quarterly 
102.6   reports to the department as required by the commissioner.  
102.7   Monthly reports are due no later than 15 working days after the 
102.8   end of the month.  Quarterly reports are due no later than 30 
102.9   calendar days after the end of the quarter, unless the 
102.10  commissioner determines that the deadline must be shortened to 
102.11  20 calendar days to avoid jeopardizing compliance with federal 
102.12  deadlines or risking a loss of federal funding.  Only reports 
102.13  that are complete, legible, and in the required format shall be 
102.14  accepted by the commissioner.  
102.15     (c) If the required reports are not received by the 
102.16  deadlines established in clause (b), the commissioner may delay 
102.17  payments and withhold funds from the county board until the next 
102.18  reporting period.  When the report is needed to account for the 
102.19  use of federal funds and the late report results in a reduction 
102.20  in federal funding, the commissioner shall withhold from the 
102.21  county boards with late reports an amount equal to the reduction 
102.22  in federal funding until full federal funding is received.  
102.23     (d) A county board that submits reports that are late, 
102.24  illegible, incomplete, or not in the required format for two out 
102.25  of three consecutive reporting periods is considered 
102.26  noncompliant.  When a county board is found to be noncompliant, 
102.27  the commissioner shall notify the county board of the reason the 
102.28  county board is considered noncompliant and request that the 
102.29  county board develop a corrective action plan stating how the 
102.30  county board plans to correct the problem.  The corrective 
102.31  action plan must be submitted to the commissioner within 45 days 
102.32  after the date the county board received notice of noncompliance.
102.33     (e) The final deadline for fiscal reports or amendments to 
102.34  fiscal reports is one year after the date the report was 
102.35  originally due.  If the commissioner does not receive a report 
102.36  by the final deadline, the county board forfeits the funding 
103.1   associated with the report for that reporting period and the 
103.2   county board must repay any funds associated with the report 
103.3   received for that reporting period. 
103.4      (f) The commissioner may not delay payments, withhold 
103.5   funds, or require repayment under paragraph (c) or (e) if the 
103.6   county demonstrates that the commissioner failed to provide 
103.7   appropriate forms, guidelines, and technical assistance to 
103.8   enable the county to comply with the requirements.  If the 
103.9   county board disagrees with an action taken by the commissioner 
103.10  under paragraph (c) or (e), the county board may appeal the 
103.11  action according to sections 14.57 to 14.69. 
103.12     (g) Counties subject to withholding of funds under 
103.13  paragraph (c) or forfeiture or repayment of funds under 
103.14  paragraph (e) shall not reduce or withhold benefits or services 
103.15  to clients to cover costs incurred due to actions taken by the 
103.16  commissioner under paragraph (c) or (e). 
103.17     (18) Allocate federal fiscal disallowances or sanctions for 
103.18  audit exceptions when federal fiscal disallowances or sanctions 
103.19  are based on a statewide random sample for the foster care 
103.20  program under title IV-E of the Social Security Act, United 
103.21  States Code, title 42, in direct proportion to each county's 
103.22  title IV-E foster care maintenance claim for that period. 
103.23     (19) Be responsible for ensuring the detection, prevention, 
103.24  investigation, and resolution of fraudulent activities or 
103.25  behavior by applicants, recipients, and other participants in 
103.26  the human services programs administered by the department. 
103.27     (20) Require county agencies to identify overpayments, 
103.28  establish claims, and utilize all available and cost-beneficial 
103.29  methodologies to collect and recover these overpayments in the 
103.30  human services programs administered by the department. 
103.31     (21) Have the authority to administer a drug rebate program 
103.32  for drugs purchased pursuant to the senior citizen drug program 
103.33  established under section 256.955 after the beneficiary's 
103.34  satisfaction of any deductible established in the program.  The 
103.35  commissioner shall require a rebate agreement from all 
103.36  manufacturers of covered drugs as defined in section 256B.0625, 
104.1   subdivision 13.  For each drug, the amount of the rebate shall 
104.2   be equal to the basic rebate as defined for purposes of the 
104.3   federal rebate program in United States Code, title 42, section 
104.4   1396r-8(c)(1).  This basic rebate shall be applied to 
104.5   single-source and multiple-source drugs.  The manufacturers must 
104.6   provide full payment within 30 days of receipt of the state 
104.7   invoice for the rebate within the terms and conditions used for 
104.8   the federal rebate program established pursuant to section 1927 
104.9   of title XIX of the Social Security Act.  The manufacturers must 
104.10  provide the commissioner with any information necessary to 
104.11  verify the rebate determined per drug.  The rebate program shall 
104.12  utilize the terms and conditions used for the federal rebate 
104.13  program established pursuant to section 1927 of title XIX of the 
104.14  Social Security Act. 
104.15     (22) Develop recommended standards for foster care homes 
104.16  that address the components of specialized therapeutic services 
104.17  to be provided by foster care homes with those services. 
104.18     Sec. 6.  Minnesota Statutes 1998, section 260.151, 
104.19  subdivision 3, is amended to read: 
104.20     Subd. 3.  [JUVENILE TREATMENT SCREENING TEAM.] (a) The 
104.21  local social services agency, at its option, may shall establish 
104.22  a juvenile treatment screening team to conduct screenings and 
104.23  prepare case plans under this subdivision.  The team, which may 
104.24  be the team constituted under section 245.4885 or 256B.092 or 
104.25  Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
104.26  social workers, juvenile justice professionals, and persons with 
104.27  expertise in the treatment of juveniles who are emotionally 
104.28  disabled, chemically dependent, or have a developmental 
104.29  disability.  The team shall involve parents or guardians in the 
104.30  screening process as appropriate.  
104.31     (b) This paragraph applies only in counties that have 
104.32  established a juvenile treatment screening team under paragraph 
104.33  (a).  If the court, prior to, or as part of, a final 
104.34  disposition, proposes to place a child: 
104.35     (1) for the primary purpose of treatment for an emotional 
104.36  disturbance, a developmental disability, or chemical dependency 
105.1   in a residential treatment facility out of state or in one which 
105.2   is within the state and licensed by the commissioner of human 
105.3   services under chapter 245A; or 
105.4      (2) in any out-of-home setting potentially exceeding 30 
105.5   days in duration, including a postdispositional placement in a 
105.6   facility licensed by the commissioner of corrections or human 
105.7   services, 
105.8   the court shall notify the county welfare agency.  The county's 
105.9   juvenile treatment screening team must either:  (1) screen and 
105.10  evaluate the child and file its recommendations with the court 
105.11  within 14 days of receipt of the notice; or (2) elect not to 
105.12  screen a given case, and notify the court of that decision 
105.13  within three working days.  
105.14     (c) If the screening team has elected to screen and 
105.15  evaluate the child, the child may not be placed for the primary 
105.16  purpose of treatment for an emotional disturbance, a 
105.17  developmental disability, or chemical dependency, in a 
105.18  residential treatment facility out of state nor in a residential 
105.19  treatment facility within the state that is licensed under 
105.20  chapter 245A, unless one of the following conditions applies:  
105.21     (1) a treatment professional certifies that an emergency 
105.22  requires the placement of the child in a facility within the 
105.23  state; 
105.24     (2) the screening team has evaluated the child and 
105.25  recommended that a residential placement is necessary to meet 
105.26  the child's treatment needs and the safety needs of the 
105.27  community, that it is a cost-effective means of meeting the 
105.28  treatment needs, and that it will be of therapeutic value to the 
105.29  child; or 
105.30     (3) the court, having reviewed a screening team 
105.31  recommendation against placement, determines to the contrary 
105.32  that a residential placement is necessary.  The court shall 
105.33  state the reasons for its determination in writing, on the 
105.34  record, and shall respond specifically to the findings and 
105.35  recommendation of the screening team in explaining why the 
105.36  recommendation was rejected.  The attorney representing the 
106.1   child and the prosecuting attorney shall be afforded an 
106.2   opportunity to be heard on the matter. 
106.3      Sec. 7.  [260.154] [CLASSIFICATION SYSTEM FOR JUVENILE 
106.4   OFFENDERS.] 
106.5      Each county shall develop a written policy for classifying 
106.6   juvenile offenders.  The policy must include methods to classify 
106.7   the reoffense risk and service needs of juvenile offenders.  In 
106.8   developing its policy, each county, to the extent practicable, 
106.9   shall consult with the department of corrections and attempt to 
106.10  achieve compatibility with other counties' classification 
106.11  systems.  The department of corrections shall cooperate with 
106.12  counties in the development of their classification systems by 
106.13  offering training programs, explaining existing county risk 
106.14  assessment practices, and providing other requested services. 
106.15     Sec. 8.  Minnesota Statutes 1998, section 260.181, is 
106.16  amended by adding a subdivision to read: 
106.17     Subd. 3b.  [INTENDED OUTCOMES.] When the court orders an 
106.18  out-of-home placement disposition for a child, the court shall 
106.19  state in its disposition order the intended outcome of the 
106.20  placement. 
106.21     Sec. 9.  Minnesota Statutes 1998, section 260.185, is 
106.22  amended by adding a subdivision to read: 
106.23     Subd. 1d.  [CASE PLAN.] (a) For each disposition ordered 
106.24  for an out-of-home placement potentially exceeding 30 days, the 
106.25  court shall order the appropriate agency to develop a case plan 
106.26  in consultation with the child's parent or parents, guardian or 
106.27  custodian, and other appropriate parties.  At a minimum, the 
106.28  case plan must specify: 
106.29     (1) the actions to be taken by the child and, if 
106.30  appropriate, the child's parent, guardian, or custodian to 
106.31  insure the child's safety, future lawful conduct, and compliance 
106.32  with the court's disposition order; and 
106.33     (2) the services to be offered and provided by the agency 
106.34  to the child and, if appropriate, the child's parent, guardian, 
106.35  or custodian. 
106.36     (b) The court shall review the case plan and, upon 
107.1   approving it, incorporate it into its disposition order.  The 
107.2   court may review and modify the terms of the case plan as 
107.3   appropriate.  A party has a right to request a court review of 
107.4   the reasonableness of the case plan upon a showing of a 
107.5   substantial change of circumstances. 
107.6      Sec. 10.  [260.196] [COUNTY RESPONSIBILITY FOR TRANSITIONAL 
107.7   SERVICES PLANS.] 
107.8      When a child is subject to a court dispositional order 
107.9   resulting in an out-of-home placement potentially exceeding 30 
107.10  days in a residential program under this chapter, the county in 
107.11  which the court is located is responsible for monitoring the 
107.12  implementation of a transitional service plan upon the child's 
107.13  discharge from the program.  The county's responsibility 
107.14  includes ensuring that after-care services are arranged for and 
107.15  provided to the child. 
107.16     Sec. 11.  [260.197] [REPORTS ON ACHIEVEMENT OF GOALS OF 
107.17  COURT-ORDERED OUT-OF-HOME PLACEMENTS.] 
107.18     By January 15, 2002, and each January 15 after that, the 
107.19  commissioners of corrections and human services shall report to 
107.20  the legislature on the extent to which the goals of 
107.21  court-ordered out-of-home placements required under section 
107.22  260.181, subdivision 3b, are being met. 
107.23     Sec. 12.  Minnesota Statutes 1998, section 340A.415, is 
107.24  amended to read: 
107.25     340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
107.26     Subdivision 1.  [GENERALLY.] On a finding that the license 
107.27  or permit holder has (1) sold alcoholic beverages to another 
107.28  retail licensee for the purpose of resale, (2) purchased 
107.29  alcoholic beverages from another retail licensee for the purpose 
107.30  of resale, (3) conducted or permitted the conduct of gambling on 
107.31  the licensed premises in violation of the law, (4) failed to 
107.32  remove or dispose of alcoholic beverages when ordered by the 
107.33  commissioner to do so under section 340A.508, subdivision 3, or 
107.34  (5) failed to comply with an applicable statute, rule, or 
107.35  ordinance relating to alcoholic beverages, the commissioner or 
107.36  the authority issuing a retail license or permit under this 
108.1   chapter may revoke the license or permit, suspend the license or 
108.2   permit for up to 60 days, impose a civil penalty of up to $2,000 
108.3   for each violation, or impose any combination of these 
108.4   sanctions.  No suspension or revocation takes effect until the 
108.5   license or permit holder has been given an opportunity for a 
108.6   hearing under sections 14.57 to 14.69 of the Administrative 
108.7   Procedure Act.  This section does not require a political 
108.8   subdivision to conduct the hearing before an employee of the 
108.9   office of administrative hearings.  Imposition of a penalty or 
108.10  suspension by either the issuing authority or the commissioner 
108.11  does not preclude imposition of an additional penalty or 
108.12  suspension by the other so long as the total penalty or 
108.13  suspension does not exceed the stated maximum.  
108.14     Subd. 2.  [MANDATORY PENALTIES; SALE TO PERSONS UNDER 
108.15  21.] (a) A licensee who violates section 340A.503 shall be 
108.16  charged a civil penalty of at least $250.  A civil penalty of at 
108.17  least $500 must be imposed for a second violation at the same 
108.18  location within 24 months after the initial violation.  For a 
108.19  third violation at the same location within 24 months after the 
108.20  initial violation, a civil penalty of at least $500 must be 
108.21  imposed, and the licensee's authority to sell alcoholic 
108.22  beverages at that location must be suspended for not less than 
108.23  three days.  No suspension or penalty may take effect until the 
108.24  licensee has been given an opportunity for a hearing as provided 
108.25  in subdivision 1. 
108.26     (b) An individual who sells alcoholic beverages to a person 
108.27  under the age of 21 years must be charged a civil penalty of at 
108.28  least $50.  No penalty may be imposed until the individual has 
108.29  been given an opportunity for a hearing as provided in 
108.30  subdivision 1. 
108.31     (c) The licensing authority may waive the penalties 
108.32  described in this subdivision when the licensee is an active 
108.33  participant in professional research conducted by a 
108.34  post-secondary educational institution or a state, county, or 
108.35  local health department. 
108.36     Sec. 13.  Minnesota Statutes 1998, section 346.56, is 
109.1   amended to read: 
109.2      346.56 [UNAUTHORIZED RELEASE OF ANIMALS.] 
109.3      Subd. 2.  [LIABILITY FOR DAMAGES.] A person who without 
109.4   permission releases an animal lawfully confined for science, 
109.5   research, commerce, or education is liable: 
109.6      (1) to the owner of the animal for damages, including the 
109.7   costs of restoring the animal to confinement and to its health 
109.8   condition prior to release; and 
109.9      (2) for damage to personal and real property caused by the 
109.10  released animal.; 
109.11     (3) if the release causes the failure or interruption of an 
109.12  experiment, the person is liable for all costs of repeating the 
109.13  experiment, including replacement of the animals, labor, and 
109.14  materials; and 
109.15     (4) for any other damage the person causes to property in 
109.16  the facility from which the animal was released. 
109.17     Subd. 3.  [AMOUNT OF DAMAGES.] A person who is damaged 
109.18  under subdivision 2 is entitled to recover a minimum of $5,000 
109.19  or three times the actual damages incurred by that person under 
109.20  subdivision 2, whichever is greater, and punitive damages, 
109.21  costs, and reasonable attorney fees. 
109.22     Subd. 4.  [THIRD PARTY LIABILITY; PRESUMPTION.] A person or 
109.23  organization who plans or assists in the development of a plan 
109.24  to release, without permission, or who takes responsibility for 
109.25  the release of an animal lawfully confined for science, 
109.26  research, commerce, or education, or who otherwise aids, 
109.27  advises, hires, counsels, or encourages another to commit the 
109.28  act is jointly and severally liable for all damages under 
109.29  subdivision 3.  There is a rebuttable presumption that a person 
109.30  or organization who claims responsibility for the act is liable 
109.31  under this subdivision. 
109.32     Sec. 14.  Laws 1997, chapter 85, article 3, section 53, is 
109.33  amended to read: 
109.34     Sec. 53.  [TRANSFER OF RESPONSIBILITIES FOR PROVIDING 
109.35  SECURE CRISIS SHELTER.] 
109.36     In state fiscal year 2000 2001, all the powers, duties, and 
110.1   functions of the commissioner of human services relating to the 
110.2   operation and funding of shelters for battered women are 
110.3   transferred to the commissioner of corrections executive 
110.4   director of the center for crime victim services in accordance 
110.5   with Minnesota Statutes, section 15.039, except for personnel 
110.6   transfers under Minnesota Statutes, section 15.039, subdivision 
110.7   7. 
110.8      No payments by the general assistance program under 
110.9   Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a, 
110.10  will be made after June 30, 2000. 
110.11     Sec. 15.  [TASK FORCE ON JUVENILE OUT-OF-HOME PLACEMENT 
110.12  GOALS.] 
110.13     Subdivision 1.  [TASK FORCE ESTABLISHED.] The chief justice 
110.14  of the supreme court is requested to convene a task force on 
110.15  juvenile out-of-home placement goals.  If the task force is 
110.16  convened, it shall: 
110.17     (1) develop a uniform list of possible out-of-home 
110.18  placement goals for juvenile court dispositions from which 
110.19  judges could select when complying with Minnesota Statutes, 
110.20  section 260.181, subdivision 3b; and 
110.21     (2) identify steps required to be taken by state agencies 
110.22  to collect and report summary information on the achievement of 
110.23  these goals. 
110.24     The task force shall specify which agencies should collect 
110.25  the information and identify costs related to collecting it. 
110.26     Subd. 2.  [MEMBERSHIP.] The chief justice should invite 
110.27  individuals with a demonstrated interest and experience in 
110.28  issues related to juvenile out-of-home placements to join the 
110.29  task force.  In addition, the chief justice should invite 
110.30  legislators and representatives from the executive branch to 
110.31  join the task force, as well as representatives from county 
110.32  corrections agencies and communities of color. 
110.33     Subd. 3.  [REPORT REQUIRED.] By January 15, 2001, the task 
110.34  force shall report its recommendations to the chairs and ranking 
110.35  minority members of the senate and house committees having 
110.36  jurisdiction over issues related to criminal justice, civil law, 
111.1   and human services.  The report must identify any changes 
111.2   required in law to implement its recommendations.  The task 
111.3   force expires upon submission of its report.  
111.4      Sec. 16.  [TASK FORCE ON INFORMATION COLLECTION FOR 
111.5   OUT-OF-HOME PLACEMENTS.] 
111.6      Subdivision 1.  [TASK FORCE ESTABLISHED.] The commissioners 
111.7   of corrections and human services shall convene a task force to 
111.8   identify ways to collect comprehensive statewide information on 
111.9   juvenile out-of-home placement spending and individual juvenile 
111.10  out-of-home placements.  The task force shall review and address 
111.11  the findings made in the January 1999 juvenile out-of-home 
111.12  placement program evaluation report prepared by the office of 
111.13  the legislative auditor.  The task force shall identify ways for 
111.14  county corrections agencies to report information on all 
111.15  individual out-of-home placements, including preadjudication 
111.16  detention and postadjudication placements.  The task force shall 
111.17  also identify ways to coordinate with the data collection 
111.18  requirements of the umbrella rule.  The task force expires upon 
111.19  submission of its recommendations to the commissioners. 
111.20     Subd. 2.  [REPORT REQUIRED.] By January 15, 2001, the 
111.21  commissioners of corrections and human services shall report to 
111.22  the chairs and ranking minority members of the senate and house 
111.23  committees having jurisdiction over issues related to criminal 
111.24  justice, civil law, and human services on the recommendations of 
111.25  the task force. 
111.26     Sec. 17.  [TASK FORCE ON RESIDENTIAL PROGRAM COMPLETION 
111.27  INFORMATION.] 
111.28     Subdivision 1.  [TASK FORCE ESTABLISHED.] The commissioners 
111.29  of corrections and human services shall convene a task force to 
111.30  adopt uniform definitions for measuring residential program 
111.31  completion rates for juveniles placed in residential facilities. 
111.32     Subd. 2.  [REPORT REQUIRED.] By January 15, 2001, the 
111.33  commissioners of corrections and human services shall report to 
111.34  the chairs and ranking minority members of the senate and house 
111.35  committees having jurisdiction over issues related to criminal 
111.36  justice, civil law, and human services on the recommendations of 
112.1   the task force.  The task force expires upon submission of its 
112.2   recommendations to the commissioners. 
112.3      Sec. 18.  [CULTURALLY APPROPRIATE SERVICES FOR JUVENILES.] 
112.4      Subdivision 1.  [IDENTIFICATION OF BEST PRACTICES 
112.5   REQUIRED.] The commissioners of corrections and human services 
112.6   shall study issues involving providing culturally appropriate 
112.7   screening, assessment, case management, and direct services for 
112.8   juveniles in juvenile court.  The commissioners shall identify a 
112.9   set of best practices in these areas and make these recommended 
112.10  best practices available to the staffs of juvenile residential 
112.11  facilities and counties. 
112.12     Subd. 2.  [REPORT.] By January 15, 2001, the commissioners 
112.13  of corrections and human services shall report their findings 
112.14  and recommendations to the chairs and ranking minority members 
112.15  of the senate and house committees having jurisdiction over 
112.16  issues related to criminal justice, civil law, and human 
112.17  services. 
112.18     Sec. 19.  [DEPARTMENT OF HUMAN SERVICES JUVENILE 
112.19  OUT-OF-HOME PLACEMENT DATABASE.] 
112.20     The department of human services shall continue to review 
112.21  and monitor the social services information system to ensure the 
112.22  accuracy and completeness of data on juvenile out-of-home 
112.23  placements, including the number of children in out-of-home 
112.24  placements, characteristics of those children, days spent in 
112.25  placement, outcomes of placements, and other data necessary to 
112.26  evaluate the out-of-home placement of juveniles on a county and 
112.27  statewide basis.  To the extent possible, the department shall 
112.28  identify and correct errors and omissions in its current 
112.29  database in order to facilitate future analyses and comparisons 
112.30  of juvenile out-of-home placements. 
112.31     Sec. 20.  [REPEALER.] 
112.32     Minnesota Statutes 1998, section 256D.05, subdivisions 3 
112.33  and 3a, are repealed. 
112.34     Sec. 21.  [EFFECTIVE DATES.] 
112.35     Sections 2 and 3 are effective August 1, 1999, and apply to 
112.36  offenders released from confinement or licensed residential 
113.1   facilities on or after that date, and to changes of residence by 
113.2   offenders after that date.  Sections 10 and 20 are effective 
113.3   July 1, 2000.  Section 12 is effective the day following final 
113.4   enactment.  Section 13 is effective retroactively from January 
113.5   1, 1999. 
113.6                              ARTICLE 7
113.7          STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS; 
113.8                        COLLECTIVE BARGAINING 
113.9      Section 1.  Minnesota Statutes 1998, section 43A.02, 
113.10  subdivision 25, is amended to read: 
113.11     Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
113.12  judges of the appellate courts, all employees of the appellate 
113.13  courts, including commissions, boards, and committees 
113.14  established by the supreme court, the board of law examiners, 
113.15  the law library, the office of the state public defender, 
113.16  district public defenders and their employees, all judges of all 
113.17  courts of law, district court referees, judicial officers, court 
113.18  reporters, law clerks, district administration employees under 
113.19  section 484.68, court administrator or employee of the court and 
113.20  guardian ad litem program employees in the eighth a judicial 
113.21  district under section 480.181, subdivision 1, paragraph (b), 
113.22  guardian ad litem program employees, and other agencies placed 
113.23  in the judicial branch by law.  Judicial branch does not include 
113.24  district administration or public defenders or their employees 
113.25  in the second and fourth judicial districts, court 
113.26  administrators not under section 480.181, subdivision 1, 
113.27  paragraph (b), or their staff under chapter 485, guardians ad 
113.28  litem, or other employees within the court system whose salaries 
113.29  are paid by the county, other than employees who remain on the 
113.30  county payroll under section 480.181, subdivision 2.  
113.31     Sec. 2.  Minnesota Statutes 1998, section 43A.24, 
113.32  subdivision 2, is amended to read: 
113.33     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
113.34  are eligible for state paid life insurance and hospital, 
113.35  medical, and dental benefits as determined in applicable 
113.36  collective bargaining agreements or by the commissioner or by 
114.1   plans pursuant to section 43A.18, subdivision 6, or by the board 
114.2   of regents for employees of the University of Minnesota not 
114.3   covered by collective bargaining agreements.  Coverages made 
114.4   available, including optional coverages, are as contained in the 
114.5   plan established pursuant to section 43A.18, subdivision 2: 
114.6      (a) a member of the state legislature, provided that 
114.7   changes in benefits resulting in increased costs to the state 
114.8   shall not be effective until expiration of the term of the 
114.9   members of the existing house of representatives.  An eligible 
114.10  member of the state legislature may decline to be enrolled for 
114.11  state paid coverages by filing a written waiver with the 
114.12  commissioner.  The waiver shall not prohibit the member from 
114.13  enrolling the member or dependents for optional coverages, 
114.14  without cost to the state, as provided for in section 43A.26.  A 
114.15  member of the state legislature who returns from a leave of 
114.16  absence to a position previously occupied in the civil service 
114.17  shall be eligible to receive the life insurance and hospital, 
114.18  medical, and dental benefits to which the position is entitled; 
114.19     (b) a permanent employee of the legislature or a permanent 
114.20  employee of a permanent study or interim committee or commission 
114.21  or a state employee on leave of absence to work for the 
114.22  legislature, during a regular or special legislative session; 
114.23     (c) a judge of the appellate courts or an officer or 
114.24  employee of these courts; a judge of the district court, a judge 
114.25  of county court, or a judge of county municipal court; a 
114.26  district court referee, judicial officer, court reporter, or law 
114.27  clerk; a district administrator; an employee of the office of 
114.28  the district administrator that is not in the second or fourth 
114.29  judicial district; a court administrator or employee of the 
114.30  court administrator in the eighth a judicial district under 
114.31  section 480.181, subdivision 1, paragraph (b), and a guardian ad 
114.32  litem program administrator in the eighth judicial 
114.33  district employee; 
114.34     (d) a salaried employee of the public employees retirement 
114.35  association; 
114.36     (e) a full-time military or civilian officer or employee in 
115.1   the unclassified service of the department of military affairs 
115.2   whose salary is paid from state funds; 
115.3      (f) a salaried employee of the Minnesota historical 
115.4   society, whether paid from state funds or otherwise, who is not 
115.5   a member of the governing board; 
115.6      (g) an employee of the regents of the University of 
115.7   Minnesota; 
115.8      (h) notwithstanding section 43A.27, subdivision 3, an 
115.9   employee of the state of Minnesota or the regents of the 
115.10  University of Minnesota who is at least 60 and not yet 65 years 
115.11  of age on July 1, 1982, who is otherwise eligible for employee 
115.12  and dependent insurance and benefits pursuant to section 43A.18 
115.13  or other law, who has at least 20 years of service and retires, 
115.14  earlier than required, within 60 days of March 23, 1982; or an 
115.15  employee who is at least 60 and not yet 65 years of age on July 
115.16  1, 1982, who has at least 20 years of state service and retires, 
115.17  earlier than required, from employment at Rochester state 
115.18  hospital after July 1, 1981; or an employee who is at least 55 
115.19  and not yet 65 years of age on July 1, 1982, and is covered by 
115.20  the Minnesota state retirement system correctional employee 
115.21  retirement plan or the state patrol retirement fund, who has at 
115.22  least 20 years of state service and retires, earlier than 
115.23  required, within 60 days of March 23, 1982.  For purposes of 
115.24  this clause, a person retires when the person terminates active 
115.25  employment in state or University of Minnesota service and 
115.26  applies for a retirement annuity.  Eligibility shall cease when 
115.27  the retired employee attains the age of 65, or when the employee 
115.28  chooses not to receive the annuity that the employee has applied 
115.29  for.  The retired employee shall be eligible for coverages to 
115.30  which the employee was entitled at the time of retirement, 
115.31  subject to any changes in coverage through collective bargaining 
115.32  or plans established pursuant to section 43A.18, for employees 
115.33  in positions equivalent to that from which retired, provided 
115.34  that the retired employee shall not be eligible for state-paid 
115.35  life insurance.  Coverages shall be coordinated with relevant 
115.36  health insurance benefits provided through the federally 
116.1   sponsored Medicare program; 
116.2      (i) an employee of an agency of the state of Minnesota 
116.3   identified through the process provided in this paragraph who is 
116.4   eligible to retire prior to age 65.  The commissioner and the 
116.5   exclusive representative of state employees shall enter into 
116.6   agreements under section 179A.22 to identify employees whose 
116.7   positions are in programs that are being permanently eliminated 
116.8   or reduced due to federal or state policies or practices.  
116.9   Failure to reach agreement identifying these employees is not 
116.10  subject to impasse procedures provided in chapter 179A.  The 
116.11  commissioner must prepare a plan identifying eligible employees 
116.12  not covered by a collective bargaining agreement in accordance 
116.13  with the process outlined in section 43A.18, subdivisions 2 and 
116.14  3.  For purposes of this paragraph, a person retires when the 
116.15  person terminates active employment in state service and applies 
116.16  for a retirement annuity.  Eligibility ends as provided in the 
116.17  agreement or plan, but must cease at the end of the month in 
116.18  which the retired employee chooses not to receive an annuity, or 
116.19  the employee is eligible for employer-paid health insurance from 
116.20  a new employer.  The retired employees shall be eligible for 
116.21  coverages to which they were entitled at the time of retirement, 
116.22  subject to any changes in coverage through collective bargaining 
116.23  or plans established under section 43A.18 for employees in 
116.24  positions equivalent to that from which they retired, provided 
116.25  that the retired employees shall not be eligible for state-paid 
116.26  life insurance; 
116.27     (j) employees of the state public defender's office, and 
116.28  district public defenders and their employees other than in the 
116.29  second and fourth judicial districts state board of public 
116.30  defense, with eligibility determined by the state board of 
116.31  public defense in consultation with the commissioner of employee 
116.32  relations; and 
116.33     (k) employees of the health data institute under section 
116.34  62J.451, subdivision 12, as paid for by the health data 
116.35  institute. 
116.36     Sec. 3.  Minnesota Statutes 1998, section 179A.03, 
117.1   subdivision 7, is amended to read: 
117.2      Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
117.3   firefighters, peace officers subject to licensure under sections 
117.4   626.84 to 626.863, 911 system and police and fire department 
117.5   public safety dispatchers, guards at correctional facilities, 
117.6   confidential employees, supervisory employees, assistant county 
117.7   attorneys, assistant city attorneys, principals, and assistant 
117.8   principals.  However, for state employees, "essential employee" 
117.9   means all employees in law enforcement, health care 
117.10  professionals, correctional guards, professional engineering, 
117.11  and supervisory collective bargaining units, irrespective of 
117.12  severance, and no other employees.  For University of Minnesota 
117.13  employees, "essential employee" means all employees in law 
117.14  enforcement, nursing professional and supervisory units, 
117.15  irrespective of severance, and no other employees.  
117.16  "Firefighters" means salaried employees of a fire department 
117.17  whose duties include, directly or indirectly, controlling, 
117.18  extinguishing, preventing, detecting, or investigating 
117.19  fires.  Employees for whom the state court administrator is the 
117.20  negotiating employer are not essential employees. 
117.21     Sec. 4.  Minnesota Statutes 1998, section 179A.03, 
117.22  subdivision 14, is amended to read: 
117.23     Subd. 14.  [PUBLIC EMPLOYEE.] "Public employee" or 
117.24  "employee" means any person appointed or employed by a public 
117.25  employer except:  
117.26     (a) elected public officials; 
117.27     (b) election officers; 
117.28     (c) commissioned or enlisted personnel of the Minnesota 
117.29  national guard; 
117.30     (d) emergency employees who are employed for emergency work 
117.31  caused by natural disaster; 
117.32     (e) part-time employees whose service does not exceed the 
117.33  lesser of 14 hours per week or 35 percent of the normal work 
117.34  week in the employee's appropriate unit; 
117.35     (f) employees whose positions are basically temporary or 
117.36  seasonal in character and:  (1) are not for more than 67 working 
118.1   days in any calendar year; or (2) are not for more than 100 
118.2   working days in any calendar year and the employees are under 
118.3   the age of 22, are full-time students enrolled in a nonprofit or 
118.4   public educational institution prior to being hired by the 
118.5   employer, and have indicated, either in an application for 
118.6   employment or by being enrolled at an educational institution 
118.7   for the next academic year or term, an intention to continue as 
118.8   students during or after their temporary employment; 
118.9      (g) employees providing services for not more than two 
118.10  consecutive quarters to the board of trustees of the Minnesota 
118.11  state colleges and universities under the terms of a 
118.12  professional or technical services contract as defined in 
118.13  section 16C.08, subdivision 1; 
118.14     (h) employees of charitable hospitals as defined by section 
118.15  179.35, subdivision 3; 
118.16     (i) full-time undergraduate students employed by the school 
118.17  which they attend under a work-study program or in connection 
118.18  with the receipt of financial aid, irrespective of number of 
118.19  hours of service per week; 
118.20     (j) an individual who is employed for less than 300 hours 
118.21  in a fiscal year as an instructor in an adult vocational 
118.22  education program; 
118.23     (k) an individual hired by a school district or the board 
118.24  of trustees of the Minnesota state colleges and universities to 
118.25  teach one course for up to four credits for one quarter in a 
118.26  year; 
118.27     (l) with respect to court employees: 
118.28     (1) personal secretaries to judges; 
118.29     (2) court reporters; 
118.30     (3) law clerks; 
118.31     (4) managerial employees; 
118.32     (5) confidential employees; and 
118.33     (6) supervisory employees. 
118.34     The following individuals are public employees regardless 
118.35  of the exclusions of clauses (e) and (f):  
118.36     (1) (i) An employee hired by a school district or the board 
119.1   of trustees of the Minnesota state colleges and universities 
119.2   except at the university established in section 136F.13 or for 
119.3   community services or community education instruction offered on 
119.4   a noncredit basis:  (i) (A) to replace an absent teacher or 
119.5   faculty member who is a public employee, where the replacement 
119.6   employee is employed more than 30 working days as a replacement 
119.7   for that teacher or faculty member; or (ii) (B) to take a 
119.8   teaching position created due to increased enrollment, 
119.9   curriculum expansion, courses which are a part of the curriculum 
119.10  whether offered annually or not, or other appropriate reasons; 
119.11  and 
119.12     (2) (ii) An employee hired for a position under clause 
119.13  (f)(1) if that same position has already been filled under 
119.14  clause (f)(1) in the same calendar year and the cumulative 
119.15  number of days worked in that same position by all employees 
119.16  exceeds 67 calendar days in that year.  For the purpose of this 
119.17  paragraph, "same position" includes a substantially equivalent 
119.18  position if it is not the same position solely due to a change 
119.19  in the classification or title of the position. 
119.20     Sec. 5.  Minnesota Statutes 1998, section 179A.03, 
119.21  subdivision 15, is amended to read: 
119.22     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
119.23  "employer" means:  
119.24     (a) the state of Minnesota for employees of the state not 
119.25  otherwise provided for in this subdivision or section 179A.10 
119.26  for executive branch employees; 
119.27     (b) the board of regents of the University of Minnesota for 
119.28  its employees; and 
119.29     (c) the state court administrator for court employees; 
119.30     (d) the state board of public defense for its employees; 
119.31  and 
119.32     (e) notwithstanding any other law to the contrary, the 
119.33  governing body of a political subdivision or its agency or 
119.34  instrumentality which has final budgetary approval authority for 
119.35  its employees.  However, the views of elected appointing 
119.36  authorities who have standing to initiate interest arbitration, 
120.1   and who are responsible for the selection, direction, 
120.2   discipline, and discharge of individual employees shall be 
120.3   considered by the employer in the course of the discharge of 
120.4   rights and duties under sections 179A.01 to 179A.25.  
120.5      When two or more units of government subject to sections 
120.6   179A.01 to 179A.25 undertake a project or form a new agency 
120.7   under law authorizing common or joint action, the employer is 
120.8   the governing person or board of the created agency.  The 
120.9   governing official or body of the cooperating governmental units 
120.10  shall be bound by an agreement entered into by the created 
120.11  agency according to sections 179A.01 to 179A.25.  
120.12     "Public employer" or "employer" does not include a 
120.13  "charitable hospital" as defined in section 179.35, subdivision 
120.14  2.  
120.15     Nothing in this subdivision diminishes the authority 
120.16  granted pursuant to law to an appointing authority with respect 
120.17  to the selection, direction, discipline, or discharge of an 
120.18  individual employee if this action is consistent with general 
120.19  procedures and standards relating to selection, direction, 
120.20  discipline, or discharge which are the subject of an agreement 
120.21  entered into under sections 179A.01 to 179A.25.  
120.22     Sec. 6.  Minnesota Statutes 1998, section 179A.03, is 
120.23  amended by adding a subdivision to read: 
120.24     Subd. 20.  [COURT EMPLOYEE.] "Court employee" means a 
120.25  public employee employed by the supreme court, court of appeals, 
120.26  or a judicial district that is under section 480.181, 
120.27  subdivision 1, paragraph (b). 
120.28     Sec. 7.  Minnesota Statutes 1998, section 179A.06, 
120.29  subdivision 2, is amended to read: 
120.30     Subd. 2.  [RIGHT TO ORGANIZE.] Public employees have the 
120.31  right to form and join labor or employee organizations, and have 
120.32  the right not to form and join such organizations.  Public 
120.33  employees in an appropriate unit have the right by secret ballot 
120.34  to designate an exclusive representative to negotiate grievance 
120.35  procedures and the terms and conditions of employment with their 
120.36  employer.  Confidential employees of the state, confidential 
121.1   court employees, and the confidential University of 
121.2   Minnesota employees are excluded from bargaining.  Supervisory 
121.3   and managerial court employees are excluded from bargaining.  
121.4   Other confidential employees, supervisory employees, principals, 
121.5   and assistant principals may form their own organizations.  An 
121.6   employer shall extend exclusive recognition to a representative 
121.7   of or an organization of supervisory or confidential employees, 
121.8   or principals and assistant principals, for the purpose of 
121.9   negotiating terms or conditions of employment, in accordance 
121.10  with sections 179A.01 to 179A.25, applicable to essential 
121.11  employees.  
121.12     Supervisory or confidential employee organizations shall 
121.13  not participate in any capacity in any negotiations which 
121.14  involve units of employees other than supervisory or 
121.15  confidential employees.  Except for organizations which 
121.16  represent supervisors who are:  (1) firefighters, peace officers 
121.17  subject to licensure under sections 626.84 to 626.863, guards at 
121.18  correctional facilities, or employees at hospitals other than 
121.19  state hospitals; and (2) not state or University of Minnesota 
121.20  employees, a supervisory or confidential employee organization 
121.21  which is affiliated with another employee organization which is 
121.22  the exclusive representative of nonsupervisory or 
121.23  nonconfidential employees of the same public employer shall not 
121.24  be certified, or act as, an exclusive representative for the 
121.25  supervisory or confidential employees.  For the purpose of this 
121.26  subdivision, affiliation means either direct or indirect and 
121.27  includes affiliation through a federation or joint body of 
121.28  employee organizations. 
121.29     Sec. 8.  Minnesota Statutes 1998, section 179A.10, 
121.30  subdivision 4, is amended to read: 
121.31     Subd. 4.  [OTHER ASSIGNMENTS.] The commissioner shall 
121.32  assign state employee classifications, court employee 
121.33  classifications, University of Minnesota employee 
121.34  classifications, and supervisory positions to the appropriate 
121.35  units when the classifications or positions have not been 
121.36  assigned under subdivision 2 or section 179A.101 or 179A.11 or 
122.1   have been significantly modified in occupational content 
122.2   subsequent to assignment under these sections.  The assignment 
122.3   of the classes shall be made on the basis of the community of 
122.4   interest of the majority of employees in these classes with the 
122.5   employees within the statutory units.  All the employees in a 
122.6   class, excluding supervisory and confidential employees, shall 
122.7   be assigned to a single appropriate unit.  
122.8      Sec. 9.  [179A.101] [COURT UNITS.] 
122.9      Subdivision 1.  [COURT EMPLOYEE UNITS.] (a) The state court 
122.10  administrator shall meet and negotiate with the exclusive 
122.11  representative of each of the units specified in this section.  
122.12  The units provided in this section are the only appropriate 
122.13  units for court employees.  Court employees, unless otherwise 
122.14  excluded, are included within the units which include the 
122.15  classifications to which they are assigned for purposes of 
122.16  compensation.  Initial assignment of classifications to 
122.17  bargaining units shall be made by the state court administrator 
122.18  by August 15, 1999.  An exclusive representative may appeal the 
122.19  initial assignment decision of the state court administrator by 
122.20  filing a petition with the commissioner within 45 days of being 
122.21  certified as the exclusive representative for a judicial 
122.22  district.  The units in this subdivision are the appropriate 
122.23  units of court employees. 
122.24     (b) The judicial district unit consists of clerical, 
122.25  administrative, and technical employees of a judicial district 
122.26  under section 480.181, subdivision 1, paragraph (b), or of two 
122.27  or more of these districts that are represented by the same 
122.28  employee organization or one or more subordinate bodies of the 
122.29  same employee organization.  The judicial district unit includes 
122.30  individuals, not otherwise excluded, whose work is typically 
122.31  clerical or secretarial in nature, including nontechnical data 
122.32  recording and retrieval and general office work, and 
122.33  individuals, not otherwise excluded, whose work is not typically 
122.34  manual and which requires specialized knowledge or skills 
122.35  acquired through two-year academic programs or equivalent 
122.36  experience or on-the-job training. 
123.1      (c) The appellate courts unit consists of clerical, 
123.2   administrative, and technical employees of the court of appeals 
123.3   and clerical, administrative, and technical employees of the 
123.4   supreme court.  The appellate courts unit includes individuals, 
123.5   not otherwise excluded, whose work is typically clerical or 
123.6   secretarial in nature, including nontechnical data recording and 
123.7   retrieval and general office work, and individuals, not 
123.8   otherwise excluded, whose work is not typically manual and which 
123.9   requires specialized knowledge or skills acquired through 
123.10  two-year academic programs or equivalent experience or 
123.11  on-the-job training. 
123.12     (d) The court employees professional employee unit consists 
123.13  of professional employees, not otherwise excluded, that are 
123.14  employed by the supreme court, the court of appeals, or a 
123.15  judicial district under section 480.181, subdivision 1, 
123.16  paragraph (b). 
123.17     (e) Copies of collective bargaining agreements entered into 
123.18  under this section must be submitted to the legislative 
123.19  coordinating commission for the commission's information. 
123.20     Subd. 2.  [EXCLUSIONS.] The following employees are 
123.21  excluded from the appropriate units under subdivision 1: 
123.22     (1) personal secretaries to judges; 
123.23     (2) court reporters; 
123.24     (3) law clerks; 
123.25     (4) managerial employees; 
123.26     (5) confidential employees; and 
123.27     (6) supervisory employees. 
123.28     Subd. 3.  [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN 
123.29  ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization 
123.30  or one or more subordinate bodies of the same employee 
123.31  organization is certified as the exclusive representative of the 
123.32  employees in more than one judicial district unit, all judicial 
123.33  district units for which the employee organization or one or 
123.34  more subordinate bodies of the same employee organization has 
123.35  been certified will be combined into one unit and the employee 
123.36  organization certified as exclusive representative of the 
124.1   employees of the new, combined unit.  The commissioner shall 
124.2   issue a certification within 45 days of receipt of a petition 
124.3   demonstrating that an employee organization or one or more 
124.4   subordinate bodies of the same employee organization is 
124.5   certified as the exclusive representative of employees in more 
124.6   than one judicial district unit. 
124.7      Sec. 10.  [179A.102] [TRANSITION TO NEW BARGAINING UNIT 
124.8   STRUCTURE.] 
124.9      Subdivision 1.  [APPLICATION OF SECTION.] Notwithstanding 
124.10  the provisions of section 179A.12 or any other law, this section 
124.11  governs, where contrary to other law, the initial certification 
124.12  and decertification, if any, of exclusive representatives for 
124.13  the appropriate units established by section 9.  Subsequent to 
124.14  the initial certification and decertification, if any, pursuant 
124.15  to this section, this section does not apply. 
124.16     Subd. 2.  [EXISTING MAJORITY.] The commissioner shall 
124.17  certify an employee organization as exclusive representative for 
124.18  an appropriate unit established under section 9 upon a petition 
124.19  filed with the commissioner by the organization within 30 days 
124.20  of the effective date of the judicial district coming under 
124.21  section 480.181, subdivision 1, paragraph (b), demonstrating 
124.22  that the petitioner is certified pursuant to section 179A.12 as 
124.23  the exclusive representative of a majority of the employees 
124.24  included within the unit established by section 9 as of that 
124.25  effective date.  Two or more employee organizations that 
124.26  represent the employees in a unit established by section 9 may 
124.27  petition jointly under this subdivision, provided that any 
124.28  organization may withdraw from a joint certification in favor of 
124.29  the remaining organizations on 30 days' notice to the remaining 
124.30  organizations, the employer, and the commissioner, without 
124.31  affecting the rights and obligations of the remaining 
124.32  organizations or the employer.  The commissioner shall make a 
124.33  determination on a timely petition within 45 days of its receipt.
124.34     Subd. 3.  [NO EXISTING MAJORITY.] (a) If no exclusive 
124.35  representative is certified under subdivision 2, the 
124.36  commissioner shall certify an employee organization as exclusive 
125.1   representative for an appropriate unit established under section 
125.2   9 upon a petition filed by the organization within the time 
125.3   period provided in subdivision 2 demonstrating that the 
125.4   petitioner is certified under section 179A.12 as the exclusive 
125.5   representative of fewer than a majority of the employees 
125.6   included within the unit established by section 9, if no other 
125.7   employee organization so certified has filed a petition within 
125.8   the time period provided in subdivision 2 and a majority of the 
125.9   employees in the unit established by section 9 are represented 
125.10  by employee organizations under section 179A.12 on the effective 
125.11  date of the judicial district coming under section 480.181, 
125.12  subdivision 1, paragraph (b).  Two or more employee 
125.13  organizations, each of which represents employees included in 
125.14  the unit established by section 9, may petition jointly under 
125.15  this paragraph, provided that any organization may withdraw from 
125.16  a joint certification in favor of the remaining organizations on 
125.17  30 days' notice to the remaining organizations, the employer, 
125.18  and the commissioner without affecting the rights and 
125.19  obligations of the remaining organizations or the employer.  The 
125.20  commissioner shall make a determination on a timely petition 
125.21  within 45 days of its receipt. 
125.22     (b) If no exclusive representative is certified under 
125.23  subdivision 2 or paragraph (a), and an employee organization 
125.24  petitions the commissioner within 90 days of the effective date 
125.25  of the judicial district coming under section 480.181, 
125.26  subdivision 1, paragraph (b), demonstrating that a majority of 
125.27  the employees included within a unit established by section 9 
125.28  wish to be represented by the petitioner, where this majority is 
125.29  evidenced by current dues deduction rights, signed statements 
125.30  from court employees in counties within the district that are 
125.31  not currently represented by any employee organization plainly 
125.32  indicating that the signatories wish to be represented for 
125.33  collective bargaining purposes by the petitioner rather than by 
125.34  any other organization, or a combination of those, the 
125.35  commissioner shall certify the petitioner as exclusive 
125.36  representative of the employees in the unit established by 
126.1   section 9.  The commissioner shall make a determination on a 
126.2   timely petition within 45 days of its receipt. 
126.3      (c) If no exclusive representative is certified under 
126.4   subdivision 2 or paragraph (a) or (b), and an employee 
126.5   organization petitions the commissioner subsequent to the 
126.6   effective date of the judicial district coming under section 
126.7   480.181, subdivision 1, paragraph (b), demonstrating that at 
126.8   least 30 percent of the employees included within a unit 
126.9   established by section 9 wish to be represented by the 
126.10  petitioner, where this 30 percent is evidenced by current dues 
126.11  deduction rights, signed statements from court employees in 
126.12  counties within the district that are not currently represented 
126.13  by any employee organization plainly indicating that the 
126.14  signatories wish to be represented for collective bargaining 
126.15  purposes by the petitioner rather than by any other 
126.16  organization, or a combination of those, the commissioner shall 
126.17  conduct a secret ballot election to determine the wishes of the 
126.18  majority.  The election must be conducted within 45 days of 
126.19  receipt or final decision on any petitions filed pursuant to 
126.20  subdivision 2, whichever is later.  The election is governed by 
126.21  section 179A.12, where not inconsistent with other provisions of 
126.22  this section. 
126.23     Subd. 4.  [DECERTIFICATION.] The commissioner may not 
126.24  consider a petition for decertification of an exclusive 
126.25  representative certified under this section for one year after 
126.26  certification.  After that time a petition must be considered 
126.27  under the provisions of section 179A.12. 
126.28     Subd. 5.  [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 
126.29  terms and conditions of collective bargaining agreements 
126.30  covering judicial district employees in districts that come 
126.31  under section 480.181, subdivision 1, paragraph (b), remain in 
126.32  effect until a successor agreement becomes effective. 
126.33     Subd. 6.  [CONTRACT AND REPRESENTATION 
126.34  RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 
126.35  9, the exclusive representatives of units of court employees 
126.36  certified prior to the effective date of the judicial district 
127.1   coming under section 480.181, subdivision 1, paragraph (b), 
127.2   remain responsible for administration of their contracts and for 
127.3   other contractual duties and have the right to dues and fair 
127.4   share fee deduction and other contractual privileges and rights 
127.5   until a contract is agreed upon with the state court 
127.6   administrator for a new unit established under section 9 or 
127.7   until June 30, 2001, whichever is earlier.  Exclusive 
127.8   representatives of court employees certified after the effective 
127.9   date of this section in the judicial district are immediately 
127.10  upon certification responsible for bargaining on behalf of 
127.11  employees within the unit.  They are also responsible for 
127.12  administering grievances arising under previous contracts 
127.13  covering employees included within the unit which remain 
127.14  unresolved on June 30, 2001, or upon agreement with the state 
127.15  court administrator on a contract for a new unit established 
127.16  under section 9, whichever is earlier.  Where the employer does 
127.17  not object, these responsibilities may be varied by agreement 
127.18  between the outgoing and incoming exclusive representatives.  
127.19  All other rights and duties of representation begin on July 1, 
127.20  2001, except that exclusive representatives certified after the 
127.21  effective date of this section shall immediately, upon 
127.22  certification, have the right to all employer information and 
127.23  all forms of access to employees within the bargaining unit 
127.24  which would be permitted to the current contract holder, 
127.25  including the rights in section 179A.07, subdivision 6.  This 
127.26  section does not affect an existing collective bargaining 
127.27  contract.  Incoming exclusive representatives of court employees 
127.28  from judicial districts that come under section 480.181, 
127.29  subdivision 1, paragraph (b), are immediately, upon 
127.30  certification, responsible for bargaining on behalf of all 
127.31  previously unrepresented employees assigned to their units.  All 
127.32  other rights and duties of exclusive representatives begin on 
127.33  July 1, 2001. 
127.34     (b) Nothing in sections 3 to 15 prevents an exclusive 
127.35  representative certified after the effective date of section 3 
127.36  to 15 from assessing fair share or dues deductions immediately 
128.1   upon certification for employees in a unit established under 
128.2   section 9 if the employees were unrepresented for collective 
128.3   bargaining purposes before that certification. 
128.4      Sec. 11.  [179A.103] [GENERAL PROVISIONS FOR COURT 
128.5   EMPLOYEES.] 
128.6      Subdivision 1.  [CONTRACTS.] Contracts for the period 
128.7   commencing July 1, 2000, for the judicial district court 
128.8   employees of judicial districts that are under section 480.181, 
128.9   subdivision 1, paragraph (b), must be negotiated with the state 
128.10  court administrator.  Negotiations for those contracts may begin 
128.11  any time after July 1, 1999, and may be initiated by either 
128.12  party notifying the other of the desire to begin the negotiating 
128.13  process.  Negotiations are subject to this chapter. 
128.14     Subd. 2.  [DATE OF EMPLOYMENT.] The date of first 
128.15  employment by the state court system is the date on which 
128.16  services were first performed by the employee for the employer 
128.17  from which the employee is being transferred. 
128.18     Subd. 3.  [PROBATIONARY PERIODS.] Except as otherwise 
128.19  provided in a successor contract, probationary periods are not 
128.20  affected by the transfer of employees to the state court system. 
128.21     Subd. 4.  [WAGE PROTECTION.] Court employees in judicial 
128.22  districts coming under section 480.181, subdivision 1, paragraph 
128.23  (b), may not have a decrease in wages as a result of their 
128.24  transfer to state employment.  Wage scales negotiated in a 
128.25  judicial district contract are not to be applied to a court 
128.26  employee of a judicial district who was a court employee of a 
128.27  county within the judicial district at the time the judicial 
128.28  district came under section 480.181, subdivision 1, paragraph 
128.29  (b), until the wage for the employee under the scale is equal to 
128.30  or greater than the wage the employee was receiving on the date 
128.31  the judicial district came under section 480.181, subdivision 1, 
128.32  paragraph (b). 
128.33     Sec. 12.  [179A.104] [BOARD OF PUBLIC DEFENSE.] 
128.34     Subdivision 1.  [BOARD OF PUBLIC DEFENSE EMPLOYEE 
128.35  UNITS.] The state board of public defense shall meet and 
128.36  negotiate with the exclusive representative of each of the 
129.1   statewide units specified in this section.  The units provided 
129.2   in this section are the only appropriate statewide units for 
129.3   state employees of the board.  Employees of the state board of 
129.4   public defense, unless otherwise excluded, are included within 
129.5   the units which include the classifications to which they are 
129.6   assigned for purposes of compensation.  The following are the 
129.7   appropriate statewide units of state employees of the board: 
129.8      (1) assistant district and assistant state public defender 
129.9   unit; and 
129.10     (2) clerical and support staff unit. 
129.11  Each unit consists of the classifications or positions assigned 
129.12  to it in the schedule of job classifications and positions 
129.13  maintained by the state board of public defense. 
129.14     Subd. 2.  [EXCLUSIONS.] The following employees are 
129.15  excluded from the appropriate statewide units under subdivision 
129.16  1: 
129.17     (1) the positions of state public defender, deputy state 
129.18  public defender, and chief district public defender; 
129.19     (2) the positions of managing attorney and managing legal 
129.20  secretary in judicial district public defender offices and in 
129.21  the state public defender's office; 
129.22     (3) positions of all employees in the administrative 
129.23  services office of the state board of public defense; 
129.24     (4) positions of all part-time and temporary employees as 
129.25  defined under section 179A.03, subdivision 14, clauses (e) and 
129.26  (f). 
129.27     Sec. 13.  Minnesota Statutes 1998, section 179A.12, 
129.28  subdivision 4, is amended to read: 
129.29     Subd. 4.  [STATE UNIT ELECTIONS.] The commissioner shall 
129.30  not consider a petition for a decertification election during 
129.31  the term of a contract covering employees of the executive 
129.32  branch or judicial branches of the state of Minnesota except for 
129.33  a period for from not more than 270 to not less than 210 days 
129.34  before its date of termination.  
129.35     Sec. 14.  Minnesota Statutes 1998, section 179A.22, 
129.36  subdivision 2, is amended to read: 
130.1      Subd. 2.  [EMPLOYER.] The employer of state executive 
130.2   branch employees shall be, for purposes of sections 179A.01 to 
130.3   179A.25, the commissioner of employee relations or the 
130.4   commissioner's representative.  
130.5      Sec. 15.  Minnesota Statutes 1998, section 179A.22, 
130.6   subdivision 3, is amended to read: 
130.7      Subd. 3.  [DUTIES.] In all negotiations between the 
130.8   executive branch of the state and exclusive representatives, the 
130.9   state executive branch shall be represented by the commissioner 
130.10  of employee relations or the commissioner's representative. The 
130.11  attorney general, and each appointing authority shall cooperate 
130.12  with the commissioner of employee relations in conducting 
130.13  negotiations and shall make available any personnel and other 
130.14  resources necessary to enable the commissioner to conduct 
130.15  effective negotiations.  
130.16     Sec. 16.  [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 
130.17     Subdivision 1.  [EMPLOYER.] The employer of court employees 
130.18  is, for purposes of sections 179A.01 to 179A.25, the state court 
130.19  administrator or designated representative. 
130.20     Subd. 2.  [DUTIES.] In all negotiations between the state 
130.21  court system and exclusive representatives of court employees, 
130.22  the state court system must be represented by the state court 
130.23  administrator or designated representative.  All judges and 
130.24  managerial, confidential, and supervisory personnel of the 
130.25  supreme court, the court of appeals, and the judicial districts 
130.26  that are under section 480.181, subdivision 1, paragraph (b), 
130.27  shall cooperate with the designated representative of the state 
130.28  court administrator in conducting negotiations and shall make 
130.29  available any personnel and other resources necessary to enable 
130.30  the representative of the state court administrator to conduct 
130.31  effective negotiations. 
130.32     Subd. 3.  [AGREEMENTS.] The state court administrator is 
130.33  authorized to enter into agreements with exclusive 
130.34  representatives. 
130.35     Sec. 17.  [179A.226] [BOARD OF PUBLIC DEFENSE EMPLOYEES; 
130.36  NEGOTIATIONS.] 
131.1      Subdivision 1.  [DUTIES.] In all negotiations between the 
131.2   state board of public defense and exclusive representatives, the 
131.3   board must be represented by the chief administrator of the 
131.4   board or the chief administrator's designee.  Each appointing 
131.5   authority shall cooperate with the chief administrator in 
131.6   conducting negotiations and shall make available any personnel 
131.7   and other resources necessary to enable the chief administrator 
131.8   to conduct effective negotiations.  For purposes of this 
131.9   subdivision, "appointing authority" means the state public 
131.10  defender, the deputy state public defender, or the chief public 
131.11  defender of the judicial district, as appropriate. 
131.12     Subd. 2.  [AGREEMENTS.] The state board of public defense 
131.13  is authorized to enter into agreements with exclusive 
131.14  representatives. 
131.15     Sec. 18.  Minnesota Statutes 1998, section 243.50, is 
131.16  amended to read: 
131.17     243.50 [PAYMENT OF COURT REPORTER.] 
131.18     Such transcripts and tapes shall be furnished by the court 
131.19  reporter who shall be paid therefor by the county state courts, 
131.20  on certificates duly certified to by the judge presiding at the 
131.21  sentence, and filed with the county auditor, the same fee per 
131.22  folio provided by statute for transcripts of testimony furnished 
131.23  to parties ordering the same in civil proceedings and for tapes 
131.24  on a costs basis.  
131.25     Sec. 19.  Minnesota Statutes 1998, section 253B.23, 
131.26  subdivision 1, is amended to read: 
131.27     Subdivision 1.  [COSTS OF HEARINGS.] (a) In each proceeding 
131.28  under this chapter the court shall allow and order paid to each 
131.29  witness subpoenaed the fees and mileage prescribed by law; to 
131.30  each examiner a reasonable sum for services and for travel; to 
131.31  persons conveying the patient to the place of detention, 
131.32  disbursements for the travel, board, and lodging of the patient 
131.33  and of themselves and their authorized assistants; and to the 
131.34  patient's counsel, when appointed by the court, a reasonable sum 
131.35  for travel and for the time spent in court or in preparing for 
131.36  the hearing.  Upon the court's order, the county auditor shall 
132.1   issue a warrant on the county treasurer for payment of the 
132.2   amounts allowed, excluding the costs of the examiner, which must 
132.3   be paid by the state courts.  
132.4      (b) Whenever venue of a proceeding has been transferred 
132.5   under this chapter, the costs of the proceedings shall be 
132.6   reimbursed to the county where the proceedings were conducted by 
132.7   the county of the patient's residence. 
132.8      Sec. 20.  Minnesota Statutes 1998, section 253B.23, 
132.9   subdivision 8, is amended to read: 
132.10     Subd. 8.  [TRANSCRIPTS.] For purposes of taking an appeal 
132.11  or petition for habeas corpus or for a judicial determination of 
132.12  mental competency or need for commitment, transcripts of 
132.13  commitment proceedings, or portions of them, shall be made 
132.14  available to the parties upon written application to the court. 
132.15  Upon a showing by a party that the party is unable to pay the 
132.16  cost of a transcript, it shall be made available at no expense 
132.17  to the party.  The state courts shall pay the cost of the 
132.18  transcript. 
132.19     Sec. 21.  Minnesota Statutes 1998, section 257.69, 
132.20  subdivision 2, is amended to read: 
132.21     Subd. 2.  [GUARDIAN; LEGAL FEES.] (a) The court may order 
132.22  expert witness and guardian ad litem fees and other costs of the 
132.23  trial and pretrial proceedings, including appropriate tests, to 
132.24  be paid by the parties in proportions and at times determined by 
132.25  the court.  The court shall require a party to pay part of the 
132.26  fees of court-appointed counsel according to the party's ability 
132.27  to pay, but if counsel has been appointed the appropriate agency 
132.28  shall pay the party's proportion of all other fees and costs.  
132.29  The agency responsible for child support enforcement shall pay 
132.30  the fees and costs for blood or genetic tests in a proceeding in 
132.31  which it is a party, is the real party in interest, or is acting 
132.32  on behalf of the child.  However, at the close of a proceeding 
132.33  in which paternity has been established under sections 257.51 to 
132.34  257.74, the court shall order the adjudicated father to 
132.35  reimburse the public agency, if the court finds he has 
132.36  sufficient resources to pay the costs of the blood or genetic 
133.1   tests.  When a party bringing an action is represented by the 
133.2   county attorney, no filing fee shall be paid to the court 
133.3   administrator. 
133.4      (b) In each fiscal year, the state treasurer shall deposit 
133.5   guardian ad litem reimbursements in the general fund and credit 
133.6   them to a separate account with the trial courts.  The balance 
133.7   of this account is appropriated to the trial courts and does not 
133.8   cancel but is available until expended.  Expenditures by the 
133.9   state court administrator's office from this account must be 
133.10  based on the amount of the guardian ad litem reimbursements 
133.11  received by the state from the courts in each judicial district. 
133.12     Sec. 22.  Minnesota Statutes 1998, section 260.251, 
133.13  subdivision 2, is amended to read: 
133.14     Subd. 2.  [COURT EXPENSES.] The following expenses are a 
133.15  charge upon the county in which proceedings are held upon 
133.16  certification of the judge of juvenile court or upon such other 
133.17  authorization provided by law: 
133.18     (a) The fees and mileage of witnesses, and the expenses and 
133.19  mileage of officers serving notices and subpoenas ordered by the 
133.20  court, as prescribed by law. 
133.21     (b) The expenses for travel and board of the juvenile court 
133.22  judge when holding court in places other than the county seat. 
133.23     (c) The expense of transporting a child to a place 
133.24  designated by a child-placing agency for the care of the child 
133.25  if the court transfers legal custody to a child-placing agency.  
133.26     (d) (c) The expense of transporting a minor to a place 
133.27  designated by the court.  
133.28     (e) (d) Reasonable compensation for an attorney appointed 
133.29  by the court to serve as counsel or guardian ad litem. 
133.30     The state courts shall pay for guardian ad litem expenses. 
133.31     Sec. 23.  Minnesota Statutes 1998, section 260.251, 
133.32  subdivision 5, is amended to read: 
133.33     Subd. 5.  [GUARDIAN AD LITEM FEES.] (a) In proceedings in 
133.34  which the court appoints a guardian ad litem pursuant to section 
133.35  260.155, subdivision 4, clause (a), the court may inquire into 
133.36  the ability of the parents to pay for the guardian ad litem's 
134.1   services and, after giving the parents a reasonable opportunity 
134.2   to be heard, may order the parents to pay guardian fees. 
134.3      (b) In each fiscal year, the state treasurer shall deposit 
134.4   guardian ad litem reimbursements in the general fund and credit 
134.5   them to a separate account with the trial courts.  The balance 
134.6   of this account is appropriated to the trial courts and does not 
134.7   cancel but is available until expended.  Expenditures by the 
134.8   state court administrator's office from this account must be 
134.9   based on the amount of the guardian ad litem reimbursements 
134.10  received by the state from the courts in each judicial district. 
134.11     Sec. 24.  Minnesota Statutes 1998, section 260.56, is 
134.12  amended to read: 
134.13     260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 
134.14     Any judge of this state who appoints counsel or a guardian 
134.15  ad litem pursuant to the provisions of the Interstate Compact on 
134.16  Juveniles may allow a reasonable fee to be paid by the county on 
134.17  order of the court.  The costs of the counsel must be paid by 
134.18  the county and the cost of the guardian ad litem, if any, must 
134.19  be paid by the state courts.  
134.20     Sec. 25.  Minnesota Statutes 1998, section 466.01, 
134.21  subdivision 6, is amended to read: 
134.22     Subd. 6.  [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 
134.23  of sections 466.01 to 466.15, "employee," "officer," or "agent" 
134.24  means a present or former employee, officer, or agent of a 
134.25  municipality, or other person acting on behalf of the 
134.26  municipality in an official capacity, temporarily or 
134.27  permanently, with or without compensation, but does not include 
134.28  an independent contractor other than a nonprofit firefighting 
134.29  corporation that has associated with it a relief association as 
134.30  defined in section 424A.001, subdivision 4.  "Employee" includes 
134.31  court administrators who are not under section 480.181, 
134.32  subdivision 1, paragraph (b), and their staff under chapter 485, 
134.33  district administration staff in the second and fourth judicial 
134.34  districts, guardians ad litem, and other employees within the 
134.35  court system whose salaries are paid by the county, other than 
134.36  employees who remain on the county payroll under section 
135.1   480.181, subdivision 2. 
135.2      Sec. 26.  Minnesota Statutes 1998, section 480.181, 
135.3   subdivision 1, is amended to read: 
135.4      Subdivision 1.  [STATE EMPLOYEES; COMPENSATION.] (a) 
135.5   District court referees, judicial officers, court reporters, law 
135.6   clerks, and district administration staff, other than district 
135.7   administration staff in the second and fourth judicial 
135.8   districts, guardian ad litem program coordinators and staff, and 
135.9   other court employees under paragraph (b), are state employees 
135.10  and are governed by the judicial branch personnel rules adopted 
135.11  by the supreme court.  The supreme court, in consultation with 
135.12  the conference of chief judges, shall establish the salary range 
135.13  of these employees under the judicial branch personnel rules.  
135.14  In establishing the salary ranges, the supreme court shall 
135.15  consider differences in the cost of living in different areas of 
135.16  the state. 
135.17     (b) The court administrator and employees of the court 
135.18  administrator who are in the fifth, seventh, eighth, or ninth 
135.19  judicial district are state employees. 
135.20     Sec. 27.  [480.182] [STATE ASSUMPTION OF CERTAIN COURT 
135.21  COSTS.] 
135.22     Notwithstanding any law to the contrary, the state courts 
135.23  will pay for the following court-related programs and costs: 
135.24     (1) court interpreter program costs; 
135.25     (2) guardian ad litem program and personnel costs; 
135.26     (3) examination costs, not including hospitalization or 
135.27  treatment costs, for mental commitments and related proceedings 
135.28  under chapter 253B; 
135.29     (4) examination costs under rule 20 of the Rules of 
135.30  Criminal Procedure; 
135.31     (5) in forma pauperis costs; 
135.32     (6) costs for transcripts mandated by statute, except in 
135.33  appeal cases and postconviction cases handled by the board of 
135.34  public defense; and 
135.35     (7) jury program costs, not including personnel. 
135.36     Sec. 28.  Minnesota Statutes 1998, section 484.64, 
136.1   subdivision 3, is amended to read: 
136.2      Subd. 3.  [CHAMBERS AND SUPPLIES.] The board of county 
136.3   commissioners of Ramsey county shall provide suitable chambers 
136.4   and courtroom space, clerks, bailiffs, and other personnel to 
136.5   assist said judge, together with necessary library, supplies, 
136.6   stationery and other expenses necessary thereto.  The state 
136.7   shall provide referees, court reporters, and law clerks, and 
136.8   guardian ad litem program coordinators and staff.  
136.9      Sec. 29.  Minnesota Statutes 1998, section 484.65, 
136.10  subdivision 3, is amended to read: 
136.11     Subd. 3.  [SPACE; PERSONNEL; SUPPLIES.] The board of county 
136.12  commissioners of Hennepin county shall provide suitable chambers 
136.13  and courtroom space, clerks, bailiffs, and other personnel to 
136.14  assist said judge, together with necessary library, supplies, 
136.15  stationery and other expenses necessary thereto.  The state 
136.16  shall provide referees, court reporters, and law clerks, and 
136.17  guardian ad litem program coordinators and staff. 
136.18     Sec. 30.  Minnesota Statutes 1998, section 485.018, 
136.19  subdivision 2, is amended to read: 
136.20     Subd. 2.  [SET BY BOARD.] Except in counties in a judicial 
136.21  district under section 480.181, subdivision 1, paragraph (b), 
136.22  the county board of each of the counties specified in 
136.23  subdivision 1 annually shall set by resolution the salary of the 
136.24  court administrator of district court which shall be paid to the 
136.25  court administrator of district court at such intervals as the 
136.26  board shall determine but not less often than once each month.  
136.27  At the January meeting the board shall set by resolution the 
136.28  minimum salary to be paid the court administrator of district 
136.29  court for the term next following.  In the event a vacancy 
136.30  occurs in the office of the court administrator of district 
136.31  court the board may set the annual salary for the remainder of 
136.32  the calendar year at an amount less than was set for that year.  
136.33  The board in any case specified in this subdivision may not set 
136.34  the annual salary at an amount less than the minimums provided 
136.35  in subdivision 1 but it may set the salary in excess of such 
136.36  minimums.  The salary of the court administrator of district 
137.1   court shall not be reduced during the term for which the court 
137.2   administrator is appointed. 
137.3      In the event that duties are assigned to the court 
137.4   administrator of district court which are in addition to the 
137.5   court administrator's duties as court administrator, additional 
137.6   compensation may be provided for the additional duties.  The 
137.7   county board by resolution shall determine the additional 
137.8   compensation which shall be paid and specify the duties for 
137.9   which the additional compensation is to be paid. 
137.10     Sec. 31.  Minnesota Statutes 1998, section 485.018, 
137.11  subdivision 6, is amended to read: 
137.12     Subd. 6.  [BUDGET FOR OFFICE.] Except in counties in a 
137.13  judicial district under section 480.181, subdivision 1, 
137.14  paragraph (b), the county board by resolution shall provide the 
137.15  budget for (1) the salaries of deputies, court administrators 
137.16  and other employees in the office of the court administrator of 
137.17  district court; (2) other expenses necessary in the performance 
137.18  of the duties of said office and (3) the payment of premiums of 
137.19  any bonds required of the court administrator of district court 
137.20  or any deputy, court administrator or employee in said office 
137.21  and the board is authorized to appropriate funds therefor and 
137.22  for the salary of the court administrator of district court. 
137.23     Sec. 32.  Minnesota Statutes 1998, section 485.03, is 
137.24  amended to read: 
137.25     485.03 [DEPUTIES.] 
137.26     (a) The county board shall determine the number of 
137.27  permanent full time deputies, clerks and other employees in the 
137.28  office of the court administrator of district court and shall 
137.29  fix the compensation for each position.  The county board shall 
137.30  also budget for temporary deputies and other employees and shall 
137.31  fix their rates of compensation.  This paragraph does not apply 
137.32  to a county in a judicial district under section 480.181, 
137.33  subdivision 1, paragraph (b). 
137.34     (b) The court administrator shall appoint in writing the 
137.35  deputies and other employees, for whose acts the court 
137.36  administrator shall be responsible, and whom the court 
138.1   administrator may remove at pleasure.  Before each enters upon 
138.2   official duties, the appointment and oath of each shall be filed 
138.3   with the county recorder. 
138.4      Sec. 33.  Minnesota Statutes 1998, section 485.27, is 
138.5   amended to read: 
138.6      485.27 [DUTIES; ASSIGNMENT.] 
138.7      The court administrator, with approval of the county board 
138.8   of commissioners, may transfer to the county board of 
138.9   commissioners duties of the court administrator relating to 
138.10  vital statistics under sections 144.211 to 144.227, to notaries 
138.11  public under section 359.061, to hospital liens under sections 
138.12  514.69 and 514.70, and to marriage licenses under chapter 517.  
138.13  The county board of commissioners shall assign these duties to 
138.14  the appropriate county department.  In the event of full state 
138.15  funding of all the court administrator's offices in the state a 
138.16  judicial district, the functions shall become county 
138.17  functions in that judicial district. 
138.18     Sec. 34.  Minnesota Statutes 1998, section 487.02, 
138.19  subdivision 2, is amended to read: 
138.20     Subd. 2.  The county board shall levy taxes annually 
138.21  against the taxable property within the county as necessary for 
138.22  the establishment, operation and maintenance of the county court 
138.23  or courts within the county.  This subdivision does not apply to 
138.24  a county in a judicial district under section 481.181, 
138.25  subdivision 1, paragraph (b). 
138.26     Sec. 35.  Minnesota Statutes 1998, section 487.10, 
138.27  subdivision 4, is amended to read: 
138.28     Subd. 4.  Except in a county in a judicial district under 
138.29  section 480.181, subdivision 1, paragraph (b), the county board 
138.30  shall determine the number of permanent full time deputies, 
138.31  clerks and other employees in the office of the clerk of county 
138.32  court and shall fix the compensation for each position.  The 
138.33  county board shall also budget for temporary deputies and other 
138.34  employees and shall fix their rates of compensation.  The clerk 
138.35  shall appoint in writing the deputies and other employees for 
138.36  whose acts the clerk shall be responsible, and whom the clerk 
139.1   may remove at pleasure.  Before entering upon official duties, 
139.2   the appointment and oath of each such employee shall be filed 
139.3   with the county recorder. 
139.4      Sec. 36.  Minnesota Statutes 1998, section 518.165, 
139.5   subdivision 3, is amended to read: 
139.6      Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
139.7   either subdivision 1 or 2 may be appointed either as a volunteer 
139.8   or on a fee basis.  If a guardian ad litem is appointed on a fee 
139.9   basis, the court shall enter an order for costs, fees, and 
139.10  disbursements in favor of the child's guardian ad litem.  The 
139.11  order may be made against either or both parties, except that 
139.12  any part of the costs, fees, or disbursements which the court 
139.13  finds the parties are incapable of paying shall be borne by the 
139.14  county in which the proceeding is being held.  In no event may 
139.15  the court order that costs, fees, or disbursements be paid by a 
139.16  party receiving public assistance or legal assistance or by a 
139.17  party whose annual income falls below the poverty line as 
139.18  established under United States Code, title 42, section 9902(2). 
139.19     (b) In each fiscal year, the state treasurer shall deposit 
139.20  guardian ad litem reimbursements in the general fund and credit 
139.21  them to a separate account with the trial courts.  The balance 
139.22  of this account is appropriated to the trial courts and does not 
139.23  cancel but is available until expended.  Expenditures by the 
139.24  state court administrator's office from this account must be 
139.25  based on the amount of the guardian ad litem reimbursements 
139.26  received by the state from the courts in each judicial district. 
139.27     Sec. 37.  Minnesota Statutes 1998, section 546.13, is 
139.28  amended to read: 
139.29     546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 
139.30     If a juror becomes sick or otherwise unable to perform 
139.31  duty, the court may discharge the juror.  In that case, unless 
139.32  the parties consent to accept the verdict of the remaining 
139.33  jurors, another may be sworn in place of the discharged juror 
139.34  and the trial begun anew, or the jury may be discharged and 
139.35  another then or afterward impaneled.  If the court, while a jury 
139.36  is kept together, shall order that they be provided with food 
140.1   and lodging, the sheriff shall furnish the same at the expense 
140.2   of the county state courts.  
140.3      Sec. 38.  Minnesota Statutes 1998, section 546.44, 
140.4   subdivision 3, is amended to read: 
140.5      Subd. 3.  The fees and expenses of a qualified interpreter 
140.6   shall be determined by the presiding official and paid by the 
140.7   court, board, commission, agency or licensing authority before 
140.8   whom the proceeding is taking place.  The fees and expenses of a 
140.9   qualified per diem interpreter for a court must be paid by the 
140.10  state courts.  
140.11     Sec. 39.  Minnesota Statutes 1998, section 563.01, 
140.12  subdivision 2, is amended to read: 
140.13     Subd. 2.  Whenever pursuant to this section the court 
140.14  directs expenses to be paid, the expenses shall be paid by the 
140.15  proper governing body in the same manner as other claims are 
140.16  paid state.  
140.17     Sec. 40.  Minnesota Statutes 1998, section 563.01, 
140.18  subdivision 9, is amended to read: 
140.19     Subd. 9.  Upon motion, the court may rescind its permission 
140.20  to proceed in forma pauperis if it finds the allegations of 
140.21  poverty contained in the affidavit are untrue, or if, following 
140.22  commencement of the action, the party becomes able to pay the 
140.23  fees, costs and security for the costs.  In such cases, the 
140.24  court may direct the party to pay to the court administrator any 
140.25  costs allowing the action to proceed.  The court administrator 
140.26  shall transmit the costs to the state treasurer for deposit in 
140.27  the state treasury and credit them to the general fund.  
140.28     Sec. 41.  Minnesota Statutes 1998, section 563.01, 
140.29  subdivision 10, is amended to read: 
140.30     Subd. 10.  Judgment may be rendered for costs at the 
140.31  conclusion of the action as in other cases.  In the event any 
140.32  person recovers moneys by either settlement or judgment as a 
140.33  result of commencing or defending an action in forma pauperis, 
140.34  the costs deferred and the expenses directed by the court to be 
140.35  paid under this section shall be included in such moneys and 
140.36  shall be paid directly to the court administrator by the 
141.1   opposing party.  The court administrator shall transmit the 
141.2   costs to the state treasurer for deposit in the state treasury 
141.3   and credit them to the general fund. 
141.4      Sec. 42.  Minnesota Statutes 1998, section 611.33, 
141.5   subdivision 3, is amended to read: 
141.6      Subd. 3.  The fees and expenses of a qualified interpreter 
141.7   shall be fixed and ordered paid by the presiding official before 
141.8   whom the proceeding is taking place out of the general revenue 
141.9   fund of the county in which the proceeding occurs.  The fees and 
141.10  expenses must be paid by the state courts.  Payment for any 
141.11  activities requiring interpreter services on behalf of law 
141.12  enforcement, the board of public defense, prosecutors, or 
141.13  corrections agents other than court appearances is the 
141.14  responsibility of the agency that requested the services. 
141.15     Sec. 43.  [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 
141.16  OF COURT-APPOINTED ATTORNEYS.] 
141.17     Subdivision 1.  [TASK FORCE; GOALS.] The supreme court is 
141.18  requested to establish a task force to study and make 
141.19  recommendations regarding a system for funding and administering 
141.20  court-appointed attorney functions in civil cases, including 
141.21  attorneys and related personnel for civil commitments and 
141.22  proceedings under Minnesota Statutes, chapter 253B, child 
141.23  protection cases, paternity cases, guardianship or 
141.24  conservatorship cases, and other civil proceedings where 
141.25  indigent persons are entitled to court-appointed counsel.  The 
141.26  goal of the task force is to design a system that is independent 
141.27  from court and county administration and funding and that 
141.28  promotes equal access to justice and equal representation for 
141.29  indigent persons across the state. 
141.30     Subd. 2.  [RECOMMENDATIONS; REPORT.] (a) The task force 
141.31  shall consider options that address the goals in subdivision 1, 
141.32  including: 
141.33     (1) creation of an independent court-appointed attorney 
141.34  board to manage civil court-appointed attorney functions; and 
141.35     (2) other options identified by the task force. 
141.36     (b) The supreme court is requested to report to the 
142.1   legislature by January 15, 2001, with the report and 
142.2   recommendations of the task force.  The supreme court is 
142.3   requested to disband the task force January 15, 2001.  
142.4      Sec. 44.  [TRANSITIONAL PROVISIONS.] 
142.5      Subdivision 1.  [HIRING AND SALARY MORATORIUM.] A county 
142.6   may not increase the number of employees in the county in a 
142.7   position that is being transferred to state employment under 
142.8   this article without approval of the supreme court, unless the 
142.9   increase was authorized before January 1, 1999.  A county may 
142.10  not increase the salaries of these employees without approval of 
142.11  the supreme court, unless the increase is made under a plan 
142.12  adopted before January 1, 1999.  
142.13     Subd. 2.  [TRANSFER OF PROPERTY.] The title to all personal 
142.14  property that is used by employees being transferred to state 
142.15  employment under this article in the scope of their employment 
142.16  is transferred to the state when they become state employees. 
142.17     Subd. 3.  [RULES.] The supreme court, in consultation with 
142.18  the conference of chief judges, may adopt rules to implement 
142.19  this article. 
142.20     Subd. 4.  [BUDGETS.] Notwithstanding any law to the 
142.21  contrary, the fiscal year 2000 budgets for the court 
142.22  administrators' offices being transferred to state employment 
142.23  under this article, including the number of complement positions 
142.24  and salaries, must be submitted by the court administrators to 
142.25  the supreme court.  The budgets must include the current levels 
142.26  of funding and positions at the time of submission as well as 
142.27  any requests for increases in funding and positions. 
142.28     Sec. 45.  [PLAN FOR STATE ASSUMPTION OF COURT 
142.29  ADMINISTRATION COSTS.] 
142.30     The supreme court, in consultation with the conference of 
142.31  chief judges, is requested to prepare a plan for state 
142.32  assumption of court administration costs in every judicial 
142.33  district.  The plan should include a timetable that provides for 
142.34  statewide assumption of court administration costs by July 1, 
142.35  2002.  The supreme court is requested to report to the 
142.36  legislature with the results of the plan by January 15, 2000. 
143.1      Sec. 46.  [REPEALER.] 
143.2      Minnesota Statutes 1998, sections 357.021, subdivision 2a; 
143.3   and 563.01, subdivision 1, are repealed.  
143.4      Sec. 47.  [EFFECTIVE DATES.] 
143.5      Subdivision 1.  [STATE TAKEOVER OF COURT ADMINISTRATION AND 
143.6   RELATED COSTS.] The provisions of this article continuing the 
143.7   state takeover of court administration costs in the eighth 
143.8   judicial district are effective January 1, 2000.  The other 
143.9   provisions of this article relating to the state takeover of 
143.10  court administration costs in the fifth, seventh, and ninth 
143.11  judicial districts are effective July 1, 2000. 
143.12     Subd. 2.  [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 
143.13  provisions of this article relating to the state takeover of 
143.14  miscellaneous court reporter transcript and jury costs are 
143.15  effective July 1, 2000. 
143.16     Subd. 3.  [MISCELLANEOUS COST.] The provisions of sections 
143.17  1, 2, and 18 to 46, relating to the state takeover of court 
143.18  interpreter costs, guardian ad litem costs, rule 20 and mental 
143.19  commitment examination costs, and in forma pauperis costs are 
143.20  effective January 1, 2000, in the eighth judicial district; July 
143.21  1, 2000, in the fifth, seventh, and ninth judicial districts; 
143.22  and July 1, 2001, in the remaining judicial districts. 
143.23     Subd. 4.  [EFFECTIVE DATE CONTINGENCY.] Notwithstanding 
143.24  subdivisions 1 to 3, sections 1 to 44 and 46 do not take effect 
143.25  unless an appropriation and off-setting state aids and fine 
143.26  transfers specified in the 1999 omnibus tax bill take effect in 
143.27  fiscal year 2001.