HF 840

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring notification 
  1.3             to certain victims of bail hearings; requiring 
  1.4             notification to local law enforcement agencies of the 
  1.5             pretrial release of certain defendants; directing that 
  1.6             a plan be developed and a pilot project funded for a 
  1.7             child abuse telephone helpline; requiring certain 
  1.8             persons who interview children to have specific 
  1.9             training; requiring the commissioner of public safety 
  1.10            to develop an integrated criminal alert network; 
  1.11            providing Internet access to law enforcement agencies; 
  1.12            prescribing penalties; appropriating money; amending 
  1.13            Minnesota Statutes 1994, section 629.715, subdivision 
  1.14            1; proposing coding for new law in Minnesota Statutes, 
  1.15            chapters 257; 299A; 299C; 609; and 629. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [257.81] [TRAINING FOR INTERVIEWERS OF 
  1.18  MALTREATED CHILDREN; COMMISSIONER OF HUMAN SERVICES DUTIES.] 
  1.19     The commissioner of human services shall develop training 
  1.20  programs designed to provide specialized interviewer training to 
  1.21  persons who interview allegedly maltreated children.  The 
  1.22  training must include information on interviewing adolescents 
  1.23  and address the best methods of so doing.  All training shall be 
  1.24  presented within a child development model framework and include 
  1.25  information on working with children of color and children with 
  1.26  special needs.  To accomplish this objective, the commissioner 
  1.27  shall: 
  1.28     (1) establish criteria for adequately trained interviewers; 
  1.29     (2) determine the number of trained interviewers and 
  1.30  evaluate the extent of the need for interviewer training; 
  2.1      (3) offer forums and tuition to county professionals for 
  2.2   specialized interviewer training where the need exists; and 
  2.3      (4) encourage counties to assess local needs and assist 
  2.4   counties in making interviewer training available to meet those 
  2.5   needs. 
  2.6      Sec. 2.  [299A.61] [CRIMINAL ALERT NETWORK.] 
  2.7      The commissioner of public safety, in cooperation with the 
  2.8   commissioner of administration, shall develop and maintain an 
  2.9   integrated criminal alert network to facilitate the 
  2.10  communication of crime prevention information by electronic 
  2.11  means among state agencies, law enforcement officials, and the 
  2.12  private sector.  The network shall disseminate data regarding 
  2.13  the commission of crimes, including information on missing and 
  2.14  endangered children and attempt to reduce theft and other crime 
  2.15  by the use of electronic transmission of information. 
  2.16     Sec. 3.  [299C.135] [INTERNET DATA ACCESS FOR LAW 
  2.17  ENFORCEMENT AGENCIES.] 
  2.18     The bureau shall make public criminal history data in its 
  2.19  possession accessible to law enforcement agencies by means of 
  2.20  the Internet. 
  2.21     Sec. 4.  [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION 
  2.22  OF FALSE OR MISLEADING INFORMATION PROHIBITED.] 
  2.23     Whoever uses the criminal alert network under section 
  2.24  299A.61 to disseminate information regarding the commission of a 
  2.25  crime knowing that it is false or misleading, is guilty of a 
  2.26  misdemeanor. 
  2.27     Sec. 5.  Minnesota Statutes 1994, section 629.715, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [JUDICIAL REVIEW; RELEASE.] (a) When a 
  2.30  person is arrested for a crime against the person, the judge 
  2.31  before whom the arrested person is taken shall review the facts 
  2.32  surrounding the arrest and detention.  If the person was 
  2.33  arrested or detained for committing a crime of violence, as 
  2.34  defined in section 629.725, the prosecutor or other appropriate 
  2.35  person shall present relevant information involving the victim 
  2.36  or the victim's family's account of the alleged crime to the 
  3.1   judge to be considered in determining the arrested person's 
  3.2   release.  The arrested person must be ordered released pending 
  3.3   trial or hearing on the person's personal recognizance or on an 
  3.4   order to appear or upon the execution of an unsecured bond in a 
  3.5   specified amount unless the judge determines that release (1) 
  3.6   will be inimical to public safety, (2) will create a threat of 
  3.7   bodily harm to the arrested person, the victim of the alleged 
  3.8   crime, or another, or (3) will not reasonably assure the 
  3.9   appearance of the arrested person at subsequent proceedings.  
  3.10     (b) If the judge determines release under paragraph (a) is 
  3.11  not advisable, the judge may impose any conditions of release 
  3.12  that will reasonably assure the appearance of the person for 
  3.13  subsequent proceedings, or will protect the victim of the 
  3.14  alleged crime, or may fix the amount of money bail without other 
  3.15  conditions upon which the arrested person may obtain release.  
  3.16     Sec. 6.  [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL 
  3.17  HEARING OF ARRESTED OR DETAINED PERSON.] 
  3.18     When a person arrested or a juvenile detained for a crime 
  3.19  of violence or an attempted crime of violence is scheduled to be 
  3.20  reviewed under section 629.715 for release from pretrial 
  3.21  detention, the court shall make a reasonable and good faith 
  3.22  effort to notify the victim of the alleged crime.  If the victim 
  3.23  is incapacitated or deceased, notice must be given to the 
  3.24  victim's family.  If the victim is a minor, notice must be given 
  3.25  to the victim's parent or guardian.  The notification must 
  3.26  include: 
  3.27     (1) the date and approximate time of the review; 
  3.28     (2) the location where the review will occur; 
  3.29     (3) the name and telephone number of a person that can be 
  3.30  contacted for additional information; and 
  3.31     (4) a statement that the victim and the victim's family may 
  3.32  attend the review. 
  3.33     As used in this section, "crime of violence" has the 
  3.34  meaning given it in section 624.712, subdivision 5, and also 
  3.35  includes gross misdemeanor violations of section 609.224, and 
  3.36  nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
  4.1   609.748, and 609.749. 
  4.2      Sec. 7.  [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY 
  4.3   REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.] 
  4.4      When a person arrested or a juvenile detained for a crime 
  4.5   of violence or an attempted crime of violence is about to be 
  4.6   released from pretrial detention, the agency having custody of 
  4.7   the arrested or detained person or its designee shall make a 
  4.8   reasonable and good faith effort before release to inform any 
  4.9   local law enforcement agencies known to be involved in the case, 
  4.10  if different from the agency having custody, of the following 
  4.11  matters: 
  4.12     (1) the conditions of release, if any; 
  4.13     (2) the time of release; and 
  4.14     (3) the time, date, and place of the next scheduled court 
  4.15  appearance of the arrested or detained person. 
  4.16     Sec. 8.  [CHILD ABUSE HELPLINE.] 
  4.17     Subdivision 1.  [PLAN.] The commissioner of human services, 
  4.18  in consultation with the commissioner of public safety, shall 
  4.19  develop a plan for an integrated statewide toll-free 24-hour 
  4.20  telephone helpline to provide consultative services to parents, 
  4.21  family members, law enforcement personnel, and social service 
  4.22  professionals regarding the physical and sexual abuse of 
  4.23  children.  The plan must: 
  4.24     (1) identify methods for implementing the telephone 
  4.25  helpline; 
  4.26     (2) identify existing services regarding child abuse 
  4.27  provided by state and local governmental agencies, nonprofit 
  4.28  organizations, and others; 
  4.29     (3) consider strategies to coordinate existing services 
  4.30  into an integrated telephone helpline; 
  4.31     (4) consider the practicality of retraining and redirecting 
  4.32  existing professionals to staff the telephone helpline on a 
  4.33  24-hour basis; 
  4.34     (5) determine what new services, if any, would be required 
  4.35  for the telephone helpline; 
  4.36     (6) determine the costs of implementing the telephone 
  5.1   helpline and ways to reduce costs through coordination of 
  5.2   existing services; and 
  5.3      (7) determine methods of marketing and advertisement to 
  5.4   make the general public aware of the telephone helpline. 
  5.5      Subd. 2.  [PILOT PROJECT.] In conjunction with the planning 
  5.6   process under subdivision 1, the commissioner of human services 
  5.7   shall implement at least two pilot project telephone helplines.  
  5.8   One of the pilots must be in the seven-county metropolitan area 
  5.9   and one must be in greater Minnesota. 
  5.10     Subd. 3.  [REPORT.] The commissioner of human services 
  5.11  shall report to the legislature by January 1, 1996, concerning 
  5.12  the details of the plan and the status of the pilot projects. 
  5.13     Subd. 4.  [COORDINATOR.] The commissioner of human services 
  5.14  may hire a person to coordinate and implement the requirements 
  5.15  of this section. 
  5.16     Sec. 9.  [DATA ACCESS ON INTERNET.] 
  5.17     The bureau of criminal apprehension and the department of 
  5.18  public safety shall develop a plan for providing databases 
  5.19  containing private or confidential data to law enforcement 
  5.20  agencies on the Internet with appropriate security provisions. 
  5.21     Sec. 10.  [APPROPRIATIONS; CHILD ABUSE HELPLINE; 
  5.22  SPECIALIZED INTERVIEWER TRAINING.] 
  5.23     Subdivision 1.  [SPECIALIZED INTERVIEWER TRAINING.] 
  5.24  $....... is appropriated from the general fund to the 
  5.25  commissioner of human services for the purpose of section 1 to 
  5.26  be available until June 30, 1997. 
  5.27     Subd. 2.  [CHILD ABUSE HELPLINE.] $....... is appropriated 
  5.28  from the general fund to the commissioner of human services for 
  5.29  the purpose of section 8 to be available until June 30, 1997. 
  5.30     Sec. 11.  [APPROPRIATION; LAW ENFORCEMENT INTERNET ACCESS.] 
  5.31     $....... is appropriated from the general fund to the 
  5.32  department of public safety to make grants on a one-to-one 
  5.33  matching basis to local law enforcement agencies for training 
  5.34  and to pay fees and buy equipment in order to connect to the 
  5.35  Internet for purposes of sharing information about abducted 
  5.36  children, and for general criminal apprehension purposes, 
  6.1   including making connections with the criminal databases created 
  6.2   by the bureau of criminal apprehension.  Whenever possible, 
  6.3   local law enforcement agencies shall connect to the Internet 
  6.4   through existing government services.  The sum is available 
  6.5   until June 30, 1997.