HF 3306

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to domestic abuse; providing for the equal protection of male and
female victims of domestic abuse; amending Minnesota Statutes 2004,
sections 13.82, subdivision 5; 116L.362, subdivision 1; 119A.37, subdivision
4; 144D.01, subdivision 4; 256D.02, subdivision 12a; 256G.03, subdivision
2; 256I.04, subdivision 2c; 256J.12, subdivision 1a; 256J.28, subdivision 5;
256J.545; 257.75, subdivision 6; 518B.01, subdivision 21; 518B.02, subdivision
2; 609.101, subdivision 2; 609.605, subdivision 2; 609.7495, subdivision 1;
611A.07, subdivision 1; 611A.202, subdivision 1; 611A.31, subdivisions 2,
3; 611A.32; 611A.34; 611A.345; 611A.35; 611A.37, subdivisions 4, 5, 8;
611A.371; 626.558, subdivision 1; 629.341, subdivision 3; 629.342, subdivision
2; 629.72, subdivision 6; Minnesota Statutes 2005 Supplement, sections 13.871,
subdivision 5; 15.0591, subdivision 2; 120B.22, subdivision 1; 201.061,
subdivision 3; 256G.02, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 13.82, subdivision 5, is amended to read:

Subd. 5.

Domestic abuse data.

The written police report required by section
629.341, subdivision 4, of an alleged incident described in section 629.341, subdivision
1, and arrest data, request for service data, and response or incident data described in
subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
an order for protection must be released upon request at no cost to the victim of domestic
abuse, the victim's attorney, or an organization designated by the Minnesota Center for
Crime Victims Services, the Department of Corrections, or the Department of Public
Safety as providing services to victims of domestic abuse. The executive director or
the commissioner of the appropriate state agency shall develop written criteria for this
designation in consultation with the Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and
Domestic Abuse.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 13.871, subdivision 5, is
amended to read:

Subd. 5.

Crime victims.

(a) Crime victim notice of release. Data on crime victims
who request notice of an offender's release are classified under section 611A.06.

(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section
611A.19, subdivision 2, are classified under that section.

(c) Battered deleted text begin women deleted text end new text begin persons new text end . Data on battered deleted text begin women deleted text end new text begin persons new text end maintained by
grantees for emergency shelter and support services for battered deleted text begin women deleted text end new text begin persons new text end are
governed by section 611A.32, subdivision 5.

(d) Victims of domestic abuse. Data on battered deleted text begin women deleted text end new text begin persons new text end and victims
of domestic abuse maintained by grantees and recipients of per diem payments for
emergency shelter for battered deleted text begin women deleted text end new text begin persons new text end and support services for battered deleted text begin women deleted text end new text begin
persons new text end and victims of domestic abuse are governed by sections 611A.32, subdivision
5, and 611A.371, subdivision 3.

(e) Personal history; internal auditing. Certain personal history and internal
auditing data is classified by section 611A.46.

(f) Crime victim claims for reparations. Claims and supporting documents filed
by crime victims seeking reparations are classified under section 611A.57, subdivision 6.

(g) Crime victim oversight act. Data maintained by the commissioner of public
safety under the Crime Victim Oversight Act are classified under section 611A.74,
subdivision 2.

(h) Victim identity data. Data relating to the identity of the victims of certain
criminal sexual conduct is governed by section 609.3471.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 15.0591, subdivision 2, is
amended to read:

Subd. 2.

Bodies affected.

A member meeting the qualifications in subdivision 1
must be appointed to the following boards, commissions, advisory councils, task forces,
or committees:

(1) Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and Domestic Abuse;

(2) Advisory Task Force on the Use of State Facilities;

(3) Alcohol and Other Drug Abuse Advisory Council;

(4) Board of Examiners for Nursing Home Administrators;

(5) Board on Aging;

(6) Chiropractic Examiners Board;

(7) Council on Disability;

(8) Council on Affairs of Chicano/Latino People;

(9) Council on Black Minnesotans;

(10) Dentistry Board;

(11) Higher Education Services Office;

(12) Housing Finance Agency;

(13) Indian Advisory Council on Chemical Dependency;

(14) Medical Practice Board;

(15) Minnesota State Arts Board;

(16) Nursing Board;

(17) Optometry Board;

(18) Pharmacy Board;

(19) Board of Physical Therapy;

(20) Podiatry Board;

(21) Psychology Board.

Sec. 4.

Minnesota Statutes 2004, section 116L.362, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) The commissioner shall make grants to eligible
organizations for programs to provide education and training services to targeted youth.
The purpose of these programs is to provide specialized training and work experience for
targeted youth who have not been served effectively by the current educational system.
The programs are to include a work experience component with work projects that result
in the rehabilitation, improvement, or construction of (1) residential units for the homeless,
or (2) education, social service, or health facilities which are owned by a public agency or
a private nonprofit organization.

(b) Eligible facilities must principally provide services to homeless or very low
income individuals and families, and include the following:

(1) Head Start or day care centers;

(2) homeless, battered deleted text begin women deleted text end new text begin person new text end , or other shelters;

(3) transitional housing;

(4) youth or senior citizen centers; and

(5) community health centers.

Two or more eligible organizations may jointly apply for a grant. The commissioner
shall administer the grant program.

Sec. 5.

Minnesota Statutes 2004, section 119A.37, subdivision 4, is amended to read:

Subd. 4.

Additional services.

Each parenting time center may provide parenting
and child development classes, and offer support groups to participating custodial parents
and hold regular classes designed to assist children who have experienced domestic
violence and abuse. Each parenting time center must have available an individual
knowledgeable about or experienced in the provision of services to battered deleted text begin women deleted text end new text begin
persons new text end and domestic abuse victims on its staff, its board of directors, or otherwise
available to it for consultation.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 120B.22, subdivision 1, is
amended to read:

Subdivision 1.

Violence prevention curriculum.

(a) The commissioner of
education, in consultation with the commissioners of health and human services,
state minority councils, battered deleted text begin women's deleted text end new text begin persons' new text end and domestic abuse programs,
battered deleted text begin women's deleted text end new text begin persons' new text end shelters, sexual assault centers, representatives of religious
communities, and the assistant commissioner of the Office of Drug Policy and Violence
Prevention, shall assist districts on request in developing or implementing a violence
prevention program for students in kindergarten to grade 12 that can be integrated into
existing curriculum. The purpose of the program is to help students learn how to resolve
conflicts within their families and communities in nonviolent, effective ways.

(b) Each district is encouraged to integrate into its existing curriculum a program for
violence prevention that includes at least:

(1) a comprehensive, accurate, and age appropriate curriculum on violence
prevention, nonviolent conflict resolution, sexual, racial, and cultural harassment,
self-protection, and student hazing that promotes equality, respect, understanding,
effective communication, individual responsibility, thoughtful decision making, positive
conflict resolution, useful coping skills, critical thinking, listening and watching skills,
and personal safety;

(2) planning materials, guidelines, and other accurate information on preventing
physical and emotional violence, identifying and reducing the incidence of sexual, racial,
and cultural harassment, and reducing child abuse and neglect;

(3) a special parent education component of early childhood family education
programs to prevent child abuse and neglect and to promote positive parenting skills,
giving priority to services and outreach programs for at-risk families;

(4) involvement of parents and other community members, including the clergy,
business representatives, civic leaders, local elected officials, law enforcement officials,
and the county attorney;

(5) collaboration with local community services, agencies, and organizations that
assist in violence intervention or prevention, including family-based services, crisis
services, life management skills services, case coordination services, mental health
services, and early intervention services;

(6) collaboration among districts and service cooperatives;

(7) targeting early adolescents for prevention efforts, especially early adolescents
whose personal circumstances may lead to violent or harassing behavior;

(8) opportunities for teachers to receive in-service training or attend other programs
on strategies or curriculum designed to assist students in intervening in or preventing
violence in school and at home; and

(9) administrative policies that reflect, and a staff that models, nonviolent behaviors
that do not display or condone sexual, racial, or cultural harassment or student hazing.

(c) The department may provide assistance at a neutral site to a nonpublic school
participating in a district's program.

Sec. 7.

Minnesota Statutes 2004, section 144D.01, subdivision 4, is amended to read:

Subd. 4.

Housing with services establishment or establishment.

(a) "Housing
with services establishment" or "establishment" means:

(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or

(2) an establishment that registers under section 144D.025.

(b) Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter 245B;

(4) a board and lodging establishment which serves as a shelter for battered deleted text begin women deleted text end new text begin
persons new text end or other similar purpose;

(5) a family adult foster care home licensed by the Department of Human Services;

(6) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

(7) residential settings for persons with mental retardation or related conditions in
which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or
applicable successor rules or laws;

(8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person
in exchange for services or rent, or both;

(9) a duly organized condominium, cooperative, common interest community,
or owners' association of the foregoing where at least 80 percent of the units that
comprise the condominium, cooperative, or common interest community are occupied by
individuals who are the owners, members, or shareholders of the units; or

(10) services for persons with developmental disabilities that are provided under
a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, or under chapter 245B.

Sec. 8.

Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered deleted text begin women deleted text end new text begin persons new text end as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 9.

Minnesota Statutes 2004, section 256D.02, subdivision 12a, is amended to read:

Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance and
general assistance medical care, a person must be a resident of this state.

(b) A "resident" is a person living in the state for at least 30 days with the intention
of making the person's home here and not for any temporary purpose. Time spent in a
shelter for battered deleted text begin women deleted text end new text begin persons new text end shall count toward satisfying the 30-day residency
requirement. All applicants for these programs are required to demonstrate the requisite
intent and can do so in any of the following ways:

(1) by showing that the applicant maintains a residence at a verified address, other
than a place of public accommodation. An applicant may verify a residence address by
presenting a valid state driver's license, a state identification card, a voter registration card,
a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying
that the individual is residing at the address, or other form of verification approved by
the commissioner; or

(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
3, item C.

(c) For general assistance medical care, a county agency shall waive the 30-day
residency requirement in cases of medical emergencies. For general assistance, a county
shall waive the 30-day residency requirement where unusual hardship would result from
denial of general assistance. For purposes of this subdivision, "unusual hardship" means
the applicant is without shelter or is without available resources for food.

The county agency must report to the commissioner within 30 days on any waiver
granted under this section. The county shall not deny an application solely because the
applicant does not meet at least one of the criteria in this subdivision, but shall continue to
process the application and leave the application pending until the residency requirement
is met or until eligibility or ineligibility is established.

(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes
any shelter that is located within the metropolitan statistical area containing the county
and for which the applicant is eligible, provided the applicant does not have to travel more
than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(e) Migrant workers as defined in section 256J.08 and, until March 31, 1998, their
immediate families are exempt from the residency requirements of this section, provided
the migrant worker provides verification that the migrant family worked in this state
within the last 12 months and earned at least $1,000 in gross wages during the time the
migrant worker worked in this state.

(f) For purposes of eligibility for emergency general assistance, the 30-day residency
requirement under this section shall not be waived.

(g) If any provision of this subdivision is enjoined from implementation or found
unconstitutional by any court of competent jurisdiction, the remaining provisions shall
remain valid and shall be given full effect.

Sec. 10.

Minnesota Statutes 2005 Supplement, section 256G.02, subdivision 6, is
amended to read:

Subd. 6.

Excluded time.

"Excluded time" means:

(a) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
other than an emergency shelter, halfway house, foster home, semi-independent living
domicile or services program, residential facility offering care, board and lodging facility
or other institution for the hospitalization or care of human beings, as defined in section
144.50, 144A.01, or 245A.02, subdivision 14; maternity home, battered deleted text begin women's deleted text end new text begin persons' new text end
shelter, or correctional facility; or any facility based on an emergency hold under sections
253B.05, subdivisions 1 and 2, and 253B.07, subdivision 6;

(b) any period an applicant spends on a placement basis in a training and
habilitation program, including a rehabilitation facility or work or employment program
as defined in section 268A.01; or receiving personal care assistant services pursuant
to section 256B.0655, subdivision 2; semi-independent living services provided under
section 252.275, and Minnesota Rules, parts 9525.0500 to 9525.0660; day training and
habilitation programs and assisted living services; and

(c) any placement for a person with an indeterminate commitment, including
independent living.

Sec. 11.

Minnesota Statutes 2004, section 256G.03, subdivision 2, is amended to read:

Subd. 2.

No durational test.

Except as otherwise provided in sections 256J.75;
256B.056, subdivision 1; 256D.02, subdivision 12a, and 256J.12 for purposes of this
chapter, no waiting period is required before securing county or state residence. A
person cannot, however, gain residence while physically present in an excluded time
facility unless otherwise specified in this chapter or in a federal regulation controlling a
federally funded human service program. Interstate migrants who enter a shelter for
battered deleted text begin women deleted text end new text begin persons new text end directly from another state can gain residency while in the facility
provided the person can provide documentation that the person is a victim of domestic
abuse and the county determines that the placement is appropriate; and the commissioner
of human services is authorized to make per diem payments under section 256D.05,
subdivision 3, on behalf of such individuals.

Sec. 12.

Minnesota Statutes 2004, section 256I.04, subdivision 2c, is amended to read:

Subd. 2c.

Crisis shelters.

Secure crisis shelters for battered deleted text begin women deleted text end new text begin persons new text end and
their children designated by the Minnesota Department of Corrections are not group
residences under this chapter.

Sec. 13.

Minnesota Statutes 2004, section 256J.12, subdivision 1a, is amended to read:

Subd. 1a.

30-day residency requirement.

An assistance unit is considered to
have established residency in this state only when a child or caregiver has resided in this
state for at least 30 consecutive days with the intention of making the person's home
here and not for any temporary purpose. The birth of a child in Minnesota to a member
of the assistance unit does not automatically establish the residency in this state under
this subdivision of the other members of the assistance unit. Time spent in a shelter for
battered deleted text begin women deleted text end new text begin persons new text end shall count toward satisfying the 30-day residency requirement.

Sec. 14.

Minnesota Statutes 2004, section 256J.28, subdivision 5, is amended to read:

Subd. 5.

Food stamps for persons residing in a battered deleted text begin woman's deleted text end new text begin person's new text end
shelter.

Members of an MFIP assistance unit residing in a battered deleted text begin woman's deleted text end new text begin person's new text end
shelter may receive food stamps or the food portion twice in a month if the unit that
initially received the food stamps or food portion included the alleged abuser.

Sec. 15.

Minnesota Statutes 2004, section 256J.545, is amended to read:

256J.545 FAMILY VIOLENCE WAIVER CRITERIA.

(a) In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the individual
from participating in certain employment activities. A claim of family violence must
be documented by the applicant or participant providing a sworn statement which is
supported by collateral documentation.

(b) Collateral documentation may consist of:

(1) police, government agency, or court records;

(2) a statement from a battered deleted text begin women's deleted text end new text begin persons' new text end shelter staff with knowledge of the
circumstances or credible evidence that supports the sworn statement;

(3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement;

(4) a statement from professionals from whom the applicant or recipient has sought
assistance for the abuse; or

(5) a sworn statement from any other individual with knowledge of circumstances or
credible evidence that supports the sworn statement.

Sec. 16.

Minnesota Statutes 2004, section 257.75, subdivision 6, is amended to read:

Subd. 6.

Paternity educational materials.

The commissioner of human services
shall prepare educational materials for new and prospective parents that describe the
benefits and effects of establishing paternity. The materials must include a description
and comparison of the procedures for establishment of paternity through a recognition
of parentage under this section and an adjudication of paternity under sections 257.51 to
257.74. The commissioner shall consider the use of innovative audio or visual approaches
to the presentation of the materials to facilitate understanding and presentation. In
preparing the materials, the commissioner shall consult with child advocates and support
workers, battered deleted text begin women's deleted text end new text begin persons' new text end advocates and advocates for domestic abuse victims,
social service providers, educators, attorneys, hospital representatives, and people who
work with parents in making decisions related to paternity. The commissioner shall
consult with representatives of communities of color. On and after January 1, 1994, the
commissioner shall make the materials available without cost to hospitals, requesting
agencies, and other persons for distribution to new parents.

Sec. 17.

Minnesota Statutes 2004, section 518B.01, subdivision 21, is amended to read:

Subd. 21.

Order for protection forms.

The state court administrator, in
consultation with the Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and Domestic Abuse,
city and county attorneys, and legal advocates who work with victims, shall develop a
uniform order for protection form that will facilitate the consistent enforcement of orders
for protection throughout the state.

Sec. 18.

Minnesota Statutes 2004, section 518B.02, subdivision 2, is amended to read:

Subd. 2.

Standards for domestic abuse counseling programs and domestic
abuse educational programs.

(a) Domestic abuse counseling or educational programs
that provide group or class sessions for court-ordered domestic abuse offenders must
provide documentation to the probation department or the court on program policies and
how the program meets the criteria contained in paragraphs (b) to (l).

(b) Programs shall require offenders and abusing parties to attend a minimum of 24
sessions or 36 hours of programming, unless a probation agent has recommended fewer
sessions. The documentation provided to the probation department or the court must
specify the length of the program that offenders are required to complete.

(c) Programs must have a written policy requiring that counselors and facilitators
report to the court and to the offender's probation or corrections officer any threats of
violence made by the offender or abusing party, acts of violence by the offender or
abusing party, violation of court orders by the offender or abusing party, and violation
of program rules that resulted in the offender's or abusing party's termination from the
program. Programs shall have written policies requiring that counselors and facilitators
hold offenders and abusing parties solely responsible for their behavior.

Programs shall have written policies requiring that counselors and facilitators be
violence free in their own lives.

(d) Each program shall conduct an intake process with each offender or abusing
party. This intake process shall look for chemical dependency problems and possible
risks the offender or abusing party might pose to self or others. The program must have
policies regarding referral of a chemically dependent offender or abusing party to a
chemical dependency treatment center. If the offender or abusing party poses a risk to
self or others, the program shall report this information to the court, the probation or
corrections officer, and the victim.

(e) If the offender or abusing party is reported back to the court or is terminated from
the program, the program shall notify the victim of the circumstances unless the victim
requests otherwise.

(f) Programs shall require court-ordered offenders and abusing parties to sign a
release of information authorizing communication regarding the offender's or abusing
party's progress in the program to the court, the offender's probation or corrections officer,
other providers, and the victim. The offender or abusing party may not enter the program
if the offender does not sign a release.

(g) If a counselor or facilitator contacts the victim, the counselor or facilitator
must not elicit any information that the victim does not want to provide. A counselor or
facilitator who contacts a victim shall (1) notify the victim of the right not to provide
any information, (2) notify the victim of how any information provided will be used
and with whom it will be shared, and (3) obtain the victim's permission before eliciting
information from the victim or sharing information with anyone other than staff of the
counseling program.

Programs shall have written policies requiring that counselors and facilitators inform
victims of the confidentiality of information as provided by this subdivision. Programs
must maintain separate files for information pertaining to the offender or abusing party
and to the victim.

If a counselor or facilitator contacts a victim, the counselor or facilitator shall
provide the victim with referral information for support services.

(h) Programs shall have written policies forbidding program staff from disclosing
any confidential communication made by the offender or abusing party without the
consent of the offender or abusing party, except that programs must warn a potential victim
of imminent danger based upon information provided by an offender or abusing party.

(i) The counseling program or educational program must provide services in a group
setting, unless the offender or abusing party would be inappropriate in a group setting.

Programs must provide separate sessions for male and female offenders and abusing
parties.

(j) Programs shall have written policies forbidding program staff from offering or
referring marriage or couples counseling until the offender or abusing party has completed
a domestic abuse counseling program or educational program for the minimum number
of court-ordered sessions and the counselor or facilitator reasonably believes that the
violence, intimidation, and coercion has ceased and the victim feels safe to participate.

(k) Programs must have written policies requiring that the counselor or facilitator
report when the court-ordered offender or abusing party has completed the program to the
court and the offender's probation or corrections officer.

(l) Programs must have written policies to coordinate with the court, probation
and corrections officers, battered deleted text begin women's deleted text end new text begin persons' new text end and domestic abuse programs, child
protection services, and other providers on promotion of victim safety and offender
accountability.

Sec. 19.

Minnesota Statutes 2004, section 609.101, subdivision 2, is amended to read:

Subd. 2.

Minimum fines.

Notwithstanding any other law, when a court sentences
a person convicted of violating section 609.221, 609.222, 609.223, 609.2231, 609.224,
609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law nor more
than the maximum fine authorized by law.

The court shall collect the portion of the fine mandated by this subdivision and
forward 70 percent of it to a local victim assistance program that provides services locally
in the county in which the crime was committed. The court shall forward the remaining 30
percent to the commissioner of finance to be credited to the general fund. If more than
one victim assistance program serves the county in which the crime was committed, the
court may designate on a case-by-case basis which program will receive the fine proceeds,
giving consideration to the nature of the crime committed, the types of victims served by
the program, and the funding needs of the program. If no victim assistance program serves
that county, the court shall forward 100 percent of the fine proceeds to the commissioner
of finance to be credited to the general fund. Fine proceeds received by a local victim
assistance program must be used to provide direct services to crime victims.

The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.

As used in this subdivision, "victim assistance program" means victim witness
programs within county attorney offices or any of the following programs: crime victim
crisis centers, victim-witness programs, battered deleted text begin women deleted text end new text begin persons new text end shelters and nonshelter
programs, and sexual assault programs.

Sec. 20.

Minnesota Statutes 2004, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered deleted text begin women deleted text end new text begin persons new text end , as defined under
section 611A.31, subdivision 3, or of a facility providing transitional housing for battered
deleted text begin women deleted text end new text begin persons new text end and their children, without claim of right or consent of one who has right
to give consent, and refuses to depart from the grounds of the facility on demand of one
who has right to give consent, is guilty of a gross misdemeanor.

Sec. 21.

Minnesota Statutes 2004, section 609.7495, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given them.

(a) "Facility" means any of the following:

(1) a hospital or other health institution licensed under sections 144.50 to 144.56;

(2) a medical facility as defined in section 144.561;

(3) an agency, clinic, or office operated under the direction of or under contract with
the commissioner of health or a community health board, as defined in section 145A.02;

(4) a facility providing counseling regarding options for medical services or recovery
from an addiction;

(5) a facility providing emergency shelter services for battered deleted text begin women deleted text end new text begin persons new text end , as
defined in section 611A.31, subdivision 3, or a facility providing transitional housing for
battered deleted text begin women deleted text end new text begin persons new text end and their children;

(6) a facility as defined in section 626.556, subdivision 2, paragraph (f);

(7) a facility as defined in section 626.5572, subdivision 6, where the services
described in that paragraph are provided;

(8) a place to or from which ambulance service, as defined in section 144E.001,
is provided or sought to be provided; and

(9) a hospice provider licensed under section 144A.753.

(b) "Aggrieved party" means a person whose access to or egress from a facility is
obstructed in violation of subdivision 2, or the facility.

Sec. 22.

Minnesota Statutes 2004, section 611A.07, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The commissioner of corrections, after considering
the recommendations of the Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and
Domestic Abuse and the Sexual Assault Advisory Council, and in collaboration with the
commissioner of public safety, shall adopt standards governing electronic monitoring
devices used to protect victims of domestic abuse. In developing proposed standards, the
commissioner shall consider the experience of the courts in the Tenth Judicial District
in the use of the devices to protect victims of domestic abuse. These standards shall
promote the safety of the victim and shall include measures to avoid the disparate use of
the device with communities of color, product standards, monitoring agency standards,
and victim disclosure standards.

Sec. 23.

Minnesota Statutes 2004, section 611A.202, subdivision 1, is amended to read:

Subdivision 1.

Task force membership.

The Interagency Task Force on Domestic
Violence and Sexual Assault Prevention consists of the following individuals, or their
designees:

(1) the director of domestic violence and sexual assault prevention;

(2) the director of the Department of Public Safety's Office of Drug Policy and
Violence Prevention;

(3) a representative of the Department of Education who is responsible for or
knowledgeable about violence prevention issues, child visitation, and abused children's
programs within the department's jurisdiction; appointed by the commissioner of
education;

(4) a representative of the Department of Corrections who is responsible for or
knowledgeable about violence prevention and restorative justice issues within the
department's jurisdiction; appointed by the commissioner of corrections;

(5) a representative of the Department of Health who is responsible for or
knowledgeable about family and public health violence prevention issues within the
department's jurisdiction; appointed by the commissioner of health;

(6) a representative of the Department of Human Services who is responsible for
or knowledgeable about violence prevention issues within the department's jurisdiction;
appointed by the commissioner of human services;

(7) a representative of the Department of Employment and Economic Development
who is responsible for or knowledgeable about violence prevention issues within the
department's jurisdiction; appointed by the commissioner of employment and economic
development;

(8) a county attorney knowledgeable in domestic violence and sexual assault issues;
appointed by the Minnesota County Attorney's Association;

(9) a judge knowledgeable in domestic violence and sexual assault issues; appointed
by the chief justice of the Supreme Court;

(10) a city attorney knowledgeable in domestic violence and sexual assault issues;
appointed by the League of Minnesota Cities;

(11) a representative from the United States Attorney's office knowledgeable in
domestic violence and sexual assault issues; appointed by the United States Attorney;

(12) the attorney general, or a designee;

(13) a representative from the Minnesota Coalition for Battered Women; appointed
by the coalition;

(14) a representative from the Minnesota Coalition Against Sexual Assault;
appointed by the coalition;

(15) a representative from a battered deleted text begin women deleted text end new text begin persons new text end shelter; appointed by the
commissioner of public safety;

(16) the executive director of the Center for Crime Victim Services; deleted text begin and
deleted text end

(17) a peace officer knowledgeable in domestic violence and sexual assault issues;
appointed by the commissioner of public safety deleted text begin . deleted text end new text begin ; and
new text end

new text begin (18) a representative from the Minnesota Chapter of the National Coalition of Free
Men, appointed by the coalition.
new text end new text begin new text end

Sec. 24.

Minnesota Statutes 2004, section 611A.31, subdivision 2, is amended to read:

Subd. 2.

Battered deleted text begin woman deleted text end new text begin person new text end .

"Battered deleted text begin woman deleted text end new text begin person new text end " means a deleted text begin woman deleted text end new text begin
person new text end who is being or has been victimized by domestic abuse as defined in section
518B.01, subdivision 2.

Sec. 25.

Minnesota Statutes 2004, section 611A.31, subdivision 3, is amended to read:

Subd. 3.

Emergency shelter services.

"Emergency shelter services" include, but
are not limited to, secure crisis shelters for battered deleted text begin women deleted text end new text begin persons new text end and housing networks
for battered deleted text begin women deleted text end new text begin persons new text end .

Sec. 26.

Minnesota Statutes 2004, section 611A.32, is amended to read:

611A.32 BATTERED deleted text begin WOMEN deleted text end new text begin PERSONS new text end PROGRAMS.

Subdivision 1.

Grants awarded.

The commissioner shall award grants to programs
which provide emergency shelter services to battered deleted text begin women deleted text end new text begin persons new text end and support
services to battered deleted text begin women deleted text end new text begin persons new text end and domestic abuse victims and their children. The
commissioner shall also award grants for training, technical assistance, and for the
development and implementation of education programs to increase public awareness of
the causes of battering, the solutions to preventing and ending domestic violence, and the
problems faced by battered deleted text begin women deleted text end new text begin persons new text end and domestic abuse victims. Grants shall be
awarded in a manner that ensures that they are equitably distributed to programs serving
metropolitan and nonmetropolitan populations. By July 1, 1995, community-based
domestic abuse advocacy and support services programs must be established in every
judicial assignment district.

Subd. 1a.

Program for American deleted text begin Indian women deleted text end new text begin Indians new text end .

The commissioner shall
establish at least one program under this section to provide emergency shelter services and
support services to battered American deleted text begin Indian women deleted text end new text begin Indians new text end . The commissioner shall
grant continuing operating expenses to the program established under this subdivision
in the same manner as operating expenses are granted to programs established under
subdivision 1.

Subd. 2.

Applications.

Any public or private nonprofit agency may apply to
the commissioner for a grant to provide emergency shelter services to battered deleted text begin women deleted text end new text begin
persons new text end , support services to domestic abuse victims, or both, to battered deleted text begin women deleted text end new text begin persons new text end
and their children. The application shall be submitted in a form approved by the
commissioner by rule adopted under chapter 14, after consultation with the advisory
council, and shall include:

(1) a proposal for the provision of emergency shelter services for battered deleted text begin women deleted text end new text begin
persons new text end , support services for domestic abuse victims, or both, for battered deleted text begin women deleted text end new text begin persons new text end
and their children;

(2) a proposed budget;

(3) evidence of an ability to integrate into the proposed program the uniform
method of data collection and program evaluation established under sections 611A.33
and 611A.34;

(4) evidence of an ability to represent the interests of battered deleted text begin women deleted text end new text begin persons new text end and
domestic abuse victims and their children to local law enforcement agencies and courts,
county welfare agencies, and local boards or departments of health;

(5) evidence of an ability to do outreach to unserved and underserved populations
and to provide culturally and linguistically appropriate services; and

(6) any other content the commissioner may require by rule adopted under chapter
14, after considering the recommendations of the advisory council.

Programs which have been approved for grants in prior years may submit materials
which indicate changes in items listed in clauses (1) to (6), in order to qualify for renewal
funding. Nothing in this subdivision may be construed to require programs to submit
complete applications for each year of renewal funding.

Subd. 3.

Duties of grantees.

Every public or private nonprofit agency which
receives a grant to provide emergency shelter services to battered deleted text begin women deleted text end new text begin persons new text end and
support services to battered deleted text begin women deleted text end new text begin persons new text end and domestic abuse victims shall comply with
all rules of the commissioner related to the administration of the pilot programs.

Subd. 5.

Classification of data collected by grantees.

Personal history information
and other information collected, used or maintained by a grantee from which the identity
or location of any victim of domestic abuse may be determined is private data on
individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain
the data in accordance with the provisions of chapter 13.

Sec. 27.

Minnesota Statutes 2004, section 611A.34, is amended to read:

611A.34 ADVISORY COUNCIL ON BATTERED deleted text begin WOMEN deleted text end new text begin PERSONS new text end .

Subdivision 1.

Generally.

The commissioner shall appoint a 12-member advisory
council to advise the commissioner on the implementation and continued operation of
sections 611A.31 to 611A.36. The Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and
Domestic Abuse shall also serve as a liaison between the commissioner and organizations
that provide services to battered deleted text begin women deleted text end new text begin persons new text end and domestic abuse victims. Section
15.059 governs the filling of vacancies and removal of members of the advisory council.
The terms of the members of the advisory council shall be two years. No member may
serve on the advisory council for more than two consecutive terms. Notwithstanding
section 15.059, the council shall not expire. Council members shall not receive per diem,
but shall receive expenses in the same manner and amount as state employees.

Subd. 2.

Membership.

Persons appointed shall be knowledgeable about and
have experience or interest in issues concerning battered deleted text begin women deleted text end new text begin persons new text end and domestic
abuse victims, including the need for effective advocacy services. The membership of
the council shall broadly represent the interests of battered deleted text begin women deleted text end new text begin persons new text end and domestic
abuse victims in Minnesota. No more than six of the members of the Advisory Council on
Battered deleted text begin Women deleted text end new text begin Persons new text end and Domestic Abuse may be representatives of community or
governmental organizations that provide services to battered deleted text begin women deleted text end new text begin persons new text end and domestic
abuse victims. One-half of the council's members shall reside in the metropolitan
area, composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver
Counties, and one-half of the members shall reside in the nonmetropolitan area. To the
extent possible, nonmetropolitan members must be representative of all nonmetropolitan
regions of the state.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner on all planning, development, data collection,
rulemaking, funding, and evaluation of programs and services for battered deleted text begin women deleted text end new text begin persons new text end
and domestic abuse victims that are funded under section 611A.32, other than matters of
a purely administrative nature;

(2) advise the commissioner on the adoption of rules under chapter 14 governing
the award of grants to ensure that funded programs are consistent with section 611A.32,
subdivision 1;

(3) recommend to the commissioner the names of five applicants for the position of
domestic abuse program director;

(4) advise the commissioner on the rules adopted under chapter 14 pursuant to
section 611A.33;

(5) review applications received by the commissioner for grants under section
611A.32 and make recommendations on the awarding of grants;

(6) advise the program director in the performance of duties in the administration
and coordination of the programs funded under section 611A.32; and

(7) advise the director of domestic violence and sexual assault prevention in matters
related to preventing these occurrences of these types of violence.

Subd. 4.

Conflicts of interest.

A member of the advisory council shall be excluded
from participating in review and recommendations concerning a grant application if the
member:

(1) serves or has served at any time during the past three years as an employee,
volunteer, or governing board member of an organization whose application is being
reviewed; or

(2) has a financial interest in the funding of the applicant organization.

Sec. 28.

Minnesota Statutes 2004, section 611A.345, is amended to read:

611A.345 ADVISORY COUNCIL RECOMMENDATIONS.

The commissioner shall consider the advisory council's recommendations before
awarding grants or adopting policies regarding the planning, development, data collection,
rulemaking, funding or evaluation of programs and services for battered deleted text begin women deleted text end new text begin persons new text end
and domestic abuse victims funded under section 611A.32. Before taking action on
matters related to programs and services for battered deleted text begin women deleted text end new text begin persons new text end and domestic abuse
victims and their children, except day-to-day administrative operations, the commissioner
shall notify the advisory council of the intended action. Notification of grant award
decisions shall be given to the advisory council in time to allow the council to request
reconsideration.

Sec. 29.

Minnesota Statutes 2004, section 611A.35, is amended to read:

611A.35 ADVISORY COUNCIL ON BATTERED deleted text begin WOMEN deleted text end new text begin PERSONS new text end AND
DOMESTIC ABUSE PROGRAM DIRECTOR.

The commissioner shall appoint a program director. In appointing the program
director the commissioner shall give due consideration to the list of applicants submitted
to the commissioner pursuant to section 611A.34, subdivision 3, clause (3). The program
director shall administer the funds appropriated for sections 611A.31 to 611A.36, consult
with and provide staff to the advisory council, and perform other duties related to battered
deleted text begin women's deleted text end new text begin persons' new text end and domestic abuse programs as the commissioner may assign. The
program director shall serve at the pleasure of the commissioner in the unclassified service.

Sec. 30.

Minnesota Statutes 2004, section 611A.37, subdivision 4, is amended to read:

Subd. 4.

Shelter facility.

"Shelter facility" means a secure crisis shelter, housing
network, safe home, or other facility operated by a nonprofit organization and designated
by the center for the purpose of providing food, lodging, safety, and 24-hour coverage for
battered deleted text begin women deleted text end new text begin persons new text end and their children.

Sec. 31.

Minnesota Statutes 2004, section 611A.37, subdivision 5, is amended to read:

Subd. 5.

Designated shelter facility.

"Designated shelter facility" means a facility
that has applied to, and been approved by, the center to provide shelter and services to
battered deleted text begin women deleted text end new text begin persons new text end and their children.

Sec. 32.

Minnesota Statutes 2004, section 611A.37, subdivision 8, is amended to read:

Subd. 8.

Battered deleted text begin woman deleted text end new text begin person new text end .

"Battered deleted text begin woman deleted text end new text begin person new text end " has the meaning
given in section 611A.31, subdivision 2.

Sec. 33.

Minnesota Statutes 2004, section 611A.371, is amended to read:

611A.371 PROGRAM OPERATION.

Subdivision 1.

Purpose.

The purpose of the grant program is to provide
reimbursement in a timely, efficient manner to local programs for the reasonable and
necessary costs of providing battered deleted text begin women deleted text end new text begin persons new text end and their children with food,
lodging, and safety. Grant funding may not be used for other purposes.

Subd. 2.

Nondiscrimination.

Designated shelter facilities are prohibited from
discriminating against a battered deleted text begin woman deleted text end new text begin person new text end or deleted text begin her deleted text end new text begin a battered person's new text end children on the
basis of race, color, creed, religion, national origin, marital status, status with regard to
public assistance, disability, new text begin sex, new text end or sexual orientation.

Subd. 3.

Data.

Personal history information collected, used, or maintained by a
designated shelter facility from which the identity or location of any battered deleted text begin woman deleted text end new text begin
person new text end may be determined is private data on individuals, as defined in section 13.02,
subdivision 12, and the facility shall maintain the data in accordance with the provisions
of chapter 13.

Sec. 34.

Minnesota Statutes 2004, section 626.558, subdivision 1, is amended to read:

Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include, but not be limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or
designees, representatives of health and education, representatives of mental health or
other appropriate human service or community-based agencies, and parent groups. As
used in this section, a "community-based agency" may include, but is not limited to,
schools, social service agencies, family service and mental health collaboratives, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for its activities with battered
deleted text begin women's deleted text end new text begin persons' new text end and domestic abuse programs and services.

Sec. 35.

Minnesota Statutes 2004, section 629.341, subdivision 3, is amended to read:

Subd. 3.

Notice of rights.

The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of
the legal rights and remedies available. The notice must include furnishing the victim a
copy of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and
file a petition requesting an order for protection from domestic abuse. The order could
include the following:

(1) an order restraining the abuser from further acts of abuse;

(2) an order directing the abuser to leave your household;

(3) an order preventing the abuser from entering your residence, school, business,
or place of employment;

(4) an order awarding you or the other parent custody of or parenting time with
your minor child or children; or

(5) an order directing the abuser to pay support to you and the minor children if
the abuser has a legal obligation to do so."

The notice must include the resource listing, including telephone number, for the
area battered deleted text begin women's deleted text end new text begin persons' new text end shelter, to be designated by the Department of Corrections.

Sec. 36.

Minnesota Statutes 2004, section 629.342, subdivision 2, is amended to read:

Subd. 2.

Policies required.

(a) By July 1, 1993, each law enforcement agency
shall develop, adopt, and implement a written policy regarding arrest procedures for
domestic abuse incidents. In the development of a policy, each law enforcement agency
shall consult with domestic abuse advocates, community organizations, and other law
enforcement agencies with expertise in the recognition and handling of domestic abuse
incidents. The policy shall discourage dual arrests, include consideration of whether
one of the parties acted in self defense, and provide guidance to officers concerning
instances in which officers should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.

(b) The Bureau of Criminal Apprehension, the Board of Peace Officer Standards and
Training, and the Advisory Council on Battered deleted text begin Women deleted text end new text begin Persons new text end and Domestic Abuse
appointed by the commissioner of corrections under section 611A.34, in consultation with
the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, and the
Minnesota Police and Peace Officers Association, shall develop a written model policy
regarding arrest procedures for domestic abuse incidents for use by local law enforcement
agencies. Each law enforcement agency may adopt the model policy in lieu of developing
its own policy under the provisions of paragraph (a).

(c) Local law enforcement agencies that have already developed a written policy
regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
required to develop a new policy but must review their policies and consider the written
model policy developed under paragraph (b).

Sec. 37.

Minnesota Statutes 2004, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice regarding release of arrested person.

(a) Immediately after
issuance of a citation in lieu of continued detention under subdivision 1, or the entry of an
order for release under subdivision 2, but before the arrested person is released, the agency
having custody of the arrested person or its designee must make a reasonable and good
faith effort to inform orally the alleged victim, local law enforcement agencies known to
be involved in the case, if different from the agency having custody, and, at the victim's
request any local battered deleted text begin women's deleted text end new text begin persons' new text end and domestic abuse programs established
under section 611A.32 or sexual assault programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested
person and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area battered deleted text begin women's deleted text end new text begin persons' new text end shelter as designated by the Department
of Corrections.

(b) As soon as practicable after an order for conditional release is entered, the
agency having custody of the arrested person or its designee must personally deliver or
mail to the alleged victim a copy of the written order and written notice of the information
in paragraph (a), clauses (2) and (3).