as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 02/06/2003 |
1.1 A bill for an act 1.2 relating to criminal justice; re-establishing the 1.3 office, powers, and duties of a crime victim 1.4 ombudsman; appropriating money; amending Minnesota 1.5 Statutes 2002, sections 611A.72; 611A.73, subdivisions 1.6 2, 6; 611A.74. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 611A.72, is 1.9 amended to read: 1.10 611A.72 [CITATION.] 1.11 Sections 611A.72 to 611A.74 may be cited as the "Crime 1.12 VictimOversightOmbudsman Act." 1.13 [EFFECTIVE DATE.] This section is effective July 1, 2003. 1.14 Sec. 2. Minnesota Statutes 2002, section 611A.73, 1.15 subdivision 2, is amended to read: 1.16 Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority" 1.17 includes anyone who is the subject of a complaintunder sections1.18611A.72 to 611A.74to thecommissionercrime victim ombudsman or 1.19 anyone within the agency who is in a supervisory position with 1.20 regard to one who is the subject of a complaintunder sections1.21611A.72 to 611A.74. 1.22 [EFFECTIVE DATE.] This section is effective July 1, 2003. 1.23 Sec. 3. Minnesota Statutes 2002, section 611A.73, 1.24 subdivision 6, is amended to read: 1.25 Subd. 6. [COMMISSIONEROMBUDSMAN.] 1.26"Commissioner""Ombudsman" means thecommissioner of public2.1safetycrime victim ombudsman. 2.2 [EFFECTIVE DATE.] This section is effective July 1, 2003. 2.3 Sec. 4. Minnesota Statutes 2002, section 611A.74, is 2.4 amended to read: 2.5 611A.74 [CRIME VICTIM OMBUDSMAN; CREATION.] 2.6 Subdivision 1. [AUTHORITY UNDER THIS ACT.] The office of 2.7 crime victim ombudsman for Minnesota is created. The ombudsman 2.8 shall be appointed by the governor, shall serve in the 2.9 unclassified service at the pleasure of the governor, and shall 2.10 be selected without regard to political affiliation. No person 2.11 may serve as ombudsman while holding any other public office. 2.12 The ombudsman is directly accountable to the governor. The 2.13commissionerombudsman shall have the authorityunder sections2.14611A.72 to 611A.74to investigate decisions, acts, and other 2.15 matters of the criminal justice system so as to promote the 2.16 highest attainable standards of competence, efficiency, and 2.17 justice for crime victims in the criminal justice system. 2.18 Subd. 2. [DUTIES.] Thecommissionerombudsman may 2.19 investigate complaints concerning possible violation of the 2.20 rights of crime victims or witnesses provided under this 2.21 chapter, the delivery of victim services by victim assistance 2.22 programs, the administration of the crime victims reparations 2.23 act, and other complaints of mistreatment by elements of the 2.24 criminal justice system or victim assistance programs. 2.25 Thecommissionerombudsman shall act as a liaison, when 2.26 thecommissionerombudsman deems necessary, between agencies, 2.27 either in the criminal justice system or in victim assistance 2.28 programs, and victims and witnesses. Thecommissionerombudsman 2.29 may be concerned with activities that strengthen procedures and 2.30 practices which lessen the risk that objectionable 2.31 administrative acts will occur. Thecommissionerombudsman must 2.32 be made available through the use of a toll free telephone 2.33 number and shall answer questions concerning the criminal 2.34 justice system and victim services put to thecommissioner2.35 ombudsman by victims and witnesses in accordance with 2.36 thecommissioner'sombudsman's knowledge of the facts or law, 3.1 unless the information is otherwise restricted. The 3.2commissionerombudsman shall establish a procedure for referral 3.3 to the crime victim crisis centers, the crime victims 3.4 reparations board, and other victim assistance programs when 3.5 services are requested by crime victims or deemed necessary by 3.6 thecommissionerombudsman. 3.7 Thecommissioner'sombudsman's files are confidential data 3.8 as defined in section 13.02, subdivision 3, during the course of 3.9 an investigation or while the files are active. Upon completion 3.10 of the investigation or when the files are placed on inactive 3.11 status, they are private data on individuals as defined in 3.12 section 13.02, subdivision 12. 3.13 Subd. 3. [POWERS.] Thecommissionercrime victim ombudsman 3.14 has those powers necessary to carry out the duties set out in 3.15 subdivision 2, including: 3.16 (a) Thecommissionerombudsman may investigate, with or 3.17 without a complaint, any action of an element of the criminal 3.18 justice system or a victim assistance program included in 3.19 subdivision 2. 3.20 (b) Thecommissionerombudsman may request and shall be 3.21 given access to information and assistance thecommissioner3.22 ombudsman considers necessary for the discharge of 3.23 responsibilities. Thecommissionerombudsman may inspect, 3.24 examine, and be provided copies of records and documents of all 3.25 elements of the criminal justice system and victim assistance 3.26 programs. Thecommissionerombudsman may request and shall be 3.27 given access to police reports pertaining to juveniles and 3.28 juvenile delinquency petitions, notwithstanding section 260B.171 3.29 or 260C.171. Any information received by the 3.30commissionerombudsman retains its data classification under 3.31 chapter 13 while in the commissioner's possession. Juvenile 3.32 records obtained under this subdivision may not be released to 3.33 any person. 3.34 (c) Thecommissionerombudsman may prescribe the methods by 3.35 which complaints are to be made, received, and acted upon; may 3.36 determine the scope and manner of investigations to be made; and 4.1 subject to the requirements of sections 611A.72 to 611A.74, may 4.2 determine the form, frequency, and distribution ofcommissioner4.3 ombudsman conclusions, recommendations, and proposals. 4.4 (d) After completing investigation of a complaint, the 4.5commissionerombudsman shall inform in writing the complainant, 4.6 the investigated person or entity, and other appropriate 4.7 authorities of the action taken. If the complaint involved the 4.8 conduct of an element of the criminal justice system in relation 4.9 to a criminal or civil proceeding, thecommissioner's4.10 ombudsman's findings shall be forwarded to the court in which 4.11 the proceeding occurred. 4.12 (e) Before announcing a conclusion or recommendation that 4.13 expressly or impliedly criticizes an administrative agency or 4.14 any person, thecommissionerombudsman shall consult with that 4.15 agency or person. 4.16 Subd. 4. [NO COMPELLED TESTIMONY.] Neither the 4.17commissionerombudsman nor any member of the commissioner's 4.18 staff may be compelled to testify or produce evidence in any 4.19 judicial or administrative proceeding with respect to matters 4.20 involving the exercise of official dutiesunder sections 611A.724.21to 611A.74except as may be necessary to enforce the provisions 4.22 of this section. 4.23 Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint 4.24 valid after duly considering the complaint and whatever material 4.25 thecommissionerombudsman deems pertinent, thecommissioner4.26 ombudsman may recommend action to the appropriate authority. 4.27 (b) If thecommissionerombudsman makes a recommendation to 4.28 an appropriate authority for action, the authority shall, within 4.29 a reasonable time period, but not more than 30 days, inform the 4.30commissionerombudsman about the action taken or the reasons for 4.31 not complying with the recommendation. 4.32 (c) Thecommissionerombudsman may publish conclusions and 4.33 suggestions by transmitting them to the governor, the 4.34 legislature or any of its committees, the press, and others who 4.35 may be concerned. When publishing an opinion adverse to an 4.36 administrative agency, thecommissionerombudsman shall include 5.1 any statement the administrative agency may have made to the 5.2commissionerombudsman by way of explaining its past 5.3 difficulties or its present rejection of thecommissioner's5.4 ombudsman's proposals. 5.5 Subd. 6. [REPORTS.] In addition to whatever reports 5.6 thecommissionerombudsman may make from time to time, the 5.7commissionerombudsman shall biennially report to the 5.8 legislature and to the governor concerning the exercise ofthe5.9commissioner'sombudsman functionsunder sections 611A.72 to5.10611A.74during the preceding biennium. The biennial report is 5.11 due on or before the beginning of the legislative session 5.12 following the end of the biennium. 5.13 [EFFECTIVE DATE.] This section is effective July 1, 2003. 5.14 Sec. 5. [APPROPRIATION.] 5.15 $370,000 in fiscal year 2004 and $370,000 in fiscal year 5.16 2005 are appropriated from the general fund to the crime victim 5.17 ombudsman to carry out functions under the Crime Victim 5.18 Ombudsman Act.