HF 3553

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; establishing guidelines 
  1.3             for the administration of per diem payments to 
  1.4             designated shelter facilities that provide shelter and 
  1.5             services to victims of domestic abuse; requiring the 
  1.6             director of the Minnesota center for crime victim 
  1.7             services to administer the per diem program; changing 
  1.8             references in the statutes from battered women to 
  1.9             domestic abuse or domestic victims as appropriate; 
  1.10            appropriating money; amending Minnesota Statutes 1998, 
  1.11            sections 13.82, subdivision 3b; 15.0591, subdivision 
  1.12            2; 119A.37, subdivision 4; 120B.22, subdivision 1; 
  1.13            256D.02, subdivision 12a; 256G.02, subdivision 6; 
  1.14            256I.04, subdivision 2c; 256J.28, subdivision 5; 
  1.15            257.75, subdivision 6; 268.362, subdivision 1; 
  1.16            518B.01, subdivision 21; 609.101, subdivision 2; 
  1.17            609.605, subdivision 2; 609.7495, subdivision 1; 
  1.18            611A.07, subdivision 1; 611A.31, subdivisions 2 and 3; 
  1.19            611A.32, subdivisions 1, 2, 3, and 5; 611A.33; 
  1.20            611A.34, subdivisions 1, 2, and 3; 611A.345; 611A.35; 
  1.21            611A.36, subdivisions 1 and 2; 629.341, subdivision 3; 
  1.22            629.342, subdivision 2; and 629.72, subdivision 6; 
  1.23            Minnesota Statutes 1999 Supplement, sections 13.99, 
  1.24            subdivision 108; 15.059, subdivision 5a; 144D.01, 
  1.25            subdivision 4; 256D.06, subdivision 5; 256G.03, 
  1.26            subdivision 2; 256J.12, subdivision 1a; and 626.558, 
  1.27            subdivision 1; proposing coding for new law in 
  1.28            Minnesota Statutes, chapter 611A. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 1998, section 13.82, 
  1.31  subdivision 3b, is amended to read: 
  1.32     Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
  1.33  required by section 629.341, subdivision 4, of an alleged 
  1.34  incident described in section 629.341, subdivision 1, and arrest 
  1.35  data, request for service data, and response or incident data 
  1.36  described in subdivision 2, 3, or 4 that arise out of this type 
  1.37  of incident or out of an alleged violation of an order for 
  2.1   protection must be released upon request at no cost to an 
  2.2   organization designated by the Minnesota center for crime 
  2.3   victims services, the department of corrections, or the 
  2.4   department of public safety as providing services to victims of 
  2.5   domestic abuse.  The executive director or the commissioner of 
  2.6   the appropriate state agency shall develop written criteria for 
  2.7   this designation in consultation with the battered women's 
  2.8   domestic abuse advisory council. 
  2.9      Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
  2.10  subdivision 108, is amended to read: 
  2.11     Subd. 108.  [BATTERED WOMEN VICTIMS OF DOMESTIC ABUSE.] 
  2.12  Data on battered women victims of domestic abuse maintained by 
  2.13  grantees and recipients of per diem payments for emergency 
  2.14  shelter and support services for battered women victims of 
  2.15  domestic abuse are governed by section sections 611A.32, 
  2.16  subdivision 5, and 611A.371, subdivision 3. 
  2.17     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.18  15.059, subdivision 5a, is amended to read: 
  2.19     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
  2.20  5, the advisory councils and committees listed in this 
  2.21  subdivision do not expire June 30, 1997.  These groups expire 
  2.22  June 30, 2001, unless the law creating the group or this 
  2.23  subdivision specifies an earlier expiration date. 
  2.24     Investment advisory council, created in section 11A.08; 
  2.25     Intergovernmental information systems advisory council, 
  2.26  created in section 16B.42, expires June 30, 1999; 
  2.27     Feedlot and manure management advisory committee, created 
  2.28  in section 17.136; 
  2.29     Aquaculture advisory committee, created in section 17.49; 
  2.30     Dairy producers board, created in section 17.76; 
  2.31     Pesticide applicator education and examination review 
  2.32  board, created in section 18B.305; 
  2.33     Advisory seed potato certification task force, created in 
  2.34  section 21.112; 
  2.35     Food safety advisory committee, created in section 28A.20; 
  2.36     Minnesota organic advisory task force, created in section 
  3.1   31.95; 
  3.2      Public programs risk adjustment work group, created in 
  3.3   section 62Q.03; 
  3.4      Workers' compensation self-insurers' advisory committee, 
  3.5   created in section 79A.02; 
  3.6      Youth corps advisory committee, created in section 84.0887; 
  3.7      Iron range off-highway vehicle advisory committee, created 
  3.8   in section 85.013; 
  3.9      Mineral coordinating committee, created in section 93.002; 
  3.10     Game and fish fund citizen advisory committees, created in 
  3.11  section 97A.055; 
  3.12     Wetland heritage advisory committee, created in section 
  3.13  103G.2242; 
  3.14     Wastewater treatment technical advisory committee, created 
  3.15  in section 115.54; 
  3.16     Solid waste management advisory council, created in section 
  3.17  115A.12; 
  3.18     Nuclear waste council, created in section 116C.711; 
  3.19     Genetically engineered organism advisory committee, created 
  3.20  in section 116C.93; 
  3.21     Environment and natural resources trust fund advisory 
  3.22  committee, created in section 116P.06; 
  3.23     Child abuse prevention advisory council, created in section 
  3.24  119A.13; 
  3.25     Chemical abuse and violence prevention council, created in 
  3.26  section 119A.293; 
  3.27     Youth neighborhood centers advisory board, created in 
  3.28  section 119A.295; 
  3.29     Interagency coordinating council, created in section 
  3.30  125A.28, expires June 30, 1999; 
  3.31     Desegregation/integration advisory board, created in 
  3.32  section 124D.892; 
  3.33     Nonpublic education council, created in section 123B.445; 
  3.34     Permanent school fund advisory committee, created in 
  3.35  section 127A.30; 
  3.36     Indian scholarship committee, created in section 124D.84, 
  4.1   subdivision 2; 
  4.2      American Indian education committees, created in section 
  4.3   124D.80; 
  4.4      Summer scholarship advisory committee, created in section 
  4.5   124D.95; 
  4.6      Multicultural education advisory committee, created in 
  4.7   section 124D.894; 
  4.8      Male responsibility and fathering grants review committee, 
  4.9   created in section 124D.33; 
  4.10     Library for the blind and physically handicapped advisory 
  4.11  committee, created in section 134.31; 
  4.12     Higher education advisory council, created in section 
  4.13  136A.031; 
  4.14     Student advisory council, created in section 136A.031; 
  4.15     Cancer surveillance advisory committee, created in section 
  4.16  144.672; 
  4.17     Maternal and child health task force, created in section 
  4.18  145.881; 
  4.19     State community health advisory committee, created in 
  4.20  section 145A.10; 
  4.21     Mississippi River Parkway commission, created in section 
  4.22  161.1419; 
  4.23     School bus safety advisory committee, created in section 
  4.24  169.435; 
  4.25     Advisory council on workers' compensation, created in 
  4.26  section 175.007; 
  4.27     Code enforcement advisory council, created in section 
  4.28  175.008; 
  4.29     Medical services review board, created in section 176.103; 
  4.30     Apprenticeship advisory council, created in section 178.02; 
  4.31     OSHA advisory council, created in section 182.656; 
  4.32     Health professionals services program advisory committee, 
  4.33  created in section 214.32; 
  4.34     Rehabilitation advisory council for the blind, created in 
  4.35  section 248.10; 
  4.36     American Indian advisory council, created in section 
  5.1   254A.035; 
  5.2      Alcohol and other drug abuse advisory council, created in 
  5.3   section 254A.04; 
  5.4      Medical assistance drug formulary committee, created in 
  5.5   section 256B.0625; 
  5.6      Home care advisory committee, created in section 256B.071; 
  5.7      Preadmission screening, alternative care, and home and 
  5.8   community-based services advisory committee, created in section 
  5.9   256B.0911; 
  5.10     Traumatic brain injury advisory committee, created in 
  5.11  section 256B.093; 
  5.12     Minnesota commission serving deaf and hard-of-hearing 
  5.13  people, created in section 256C.28; 
  5.14     American Indian child welfare advisory council, created in 
  5.15  section 260.835; 
  5.16     Juvenile justice advisory committee, created in section 
  5.17  268.29; 
  5.18     Northeast Minnesota economic development fund technical 
  5.19  advisory committees, created in section 298.2213; 
  5.20     Iron range higher education committee, created in section 
  5.21  298.2214; 
  5.22     Northeast Minnesota economic protection trust fund 
  5.23  technical advisory committee, created in section 298.297; 
  5.24     Battered women's Domestic abuse advisory council, created 
  5.25  in section 611A.34. 
  5.26     Sec. 4.  Minnesota Statutes 1998, section 15.0591, 
  5.27  subdivision 2, is amended to read: 
  5.28     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  5.29  qualifications in subdivision 1 must be appointed to the 
  5.30  following boards, commissions, advisory councils, task forces, 
  5.31  or committees:  
  5.32     (1) advisory council on battered women domestic abuse; 
  5.33     (2) advisory task force on the use of state facilities; 
  5.34     (3) alcohol and other drug abuse advisory council; 
  5.35     (4) board of examiners for nursing home administrators; 
  5.36     (5) board on aging; 
  6.1      (6) chiropractic examiners board; 
  6.2      (7) consumer advisory council on vocational rehabilitation; 
  6.3      (8) council on disability; 
  6.4      (9) council on affairs of Chicano/Latino people; 
  6.5      (10) council on Black Minnesotans; 
  6.6      (11) dentistry board; 
  6.7      (12) department of economic security advisory council; 
  6.8      (13) higher education services office; 
  6.9      (14) housing finance agency; 
  6.10     (15) Indian advisory council on chemical dependency; 
  6.11     (16) medical practice board; 
  6.12     (17) medical policy directional task force on mental 
  6.13  health; 
  6.14     (18) Minnesota employment and economic development task 
  6.15  force; 
  6.16     (19) Minnesota office of citizenship and volunteer services 
  6.17  advisory committee; 
  6.18     (20) Minnesota state arts board; 
  6.19     (21) nursing board; 
  6.20     (22) optometry board; 
  6.21     (23) pharmacy board; 
  6.22     (24) physical therapists council; 
  6.23     (25) podiatry board; 
  6.24     (26) psychology board; 
  6.25     (27) veterans advisory committee. 
  6.26     Sec. 5.  Minnesota Statutes 1998, section 119A.37, 
  6.27  subdivision 4, is amended to read: 
  6.28     Subd. 4.  [ADDITIONAL SERVICES.] Each family visitation 
  6.29  center may provide parenting and child development classes, and 
  6.30  offer support groups to participating custodial parents and hold 
  6.31  regular classes designed to assist children who have experienced 
  6.32  domestic violence and abuse.  Each family visitation center must 
  6.33  have available an individual knowledgeable about or experienced 
  6.34  in the provision of services to battered women domestic abuse 
  6.35  victims on its staff, its board of directors, or otherwise 
  6.36  available to it for consultation. 
  7.1      Sec. 6.  Minnesota Statutes 1998, section 120B.22, 
  7.2   subdivision 1, is amended to read: 
  7.3      Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
  7.4   commissioner of children, families, and learning, in 
  7.5   consultation with the commissioners of health and human 
  7.6   services, state minority councils, battered women's domestic 
  7.7   abuse programs, sexual assault centers, representatives of 
  7.8   religious communities, and the assistant commissioner of the 
  7.9   office of drug policy and violence prevention, shall assist 
  7.10  districts on request in developing or implementing a violence 
  7.11  prevention program for students in kindergarten to grade 12 that 
  7.12  can be integrated into existing curriculum.  The purpose of the 
  7.13  program is to help students learn how to resolve conflicts 
  7.14  within their families and communities in nonviolent, effective 
  7.15  ways.  
  7.16     (b) Each district is encouraged to integrate into its 
  7.17  existing curriculum a program for violence prevention that 
  7.18  includes at least: 
  7.19     (1) a comprehensive, accurate, and age appropriate 
  7.20  curriculum on violence prevention, nonviolent conflict 
  7.21  resolution, sexual, racial, and cultural harassment, and student 
  7.22  hazing that promotes equality, respect, understanding, effective 
  7.23  communication, individual responsibility, thoughtful decision 
  7.24  making, positive conflict resolution, useful coping skills, 
  7.25  critical thinking, listening and watching skills, and personal 
  7.26  safety; 
  7.27     (2) planning materials, guidelines, and other accurate 
  7.28  information on preventing physical and emotional violence, 
  7.29  identifying and reducing the incidence of sexual, racial, and 
  7.30  cultural harassment, and reducing child abuse and neglect; 
  7.31     (3) a special parent education component of early childhood 
  7.32  family education programs to prevent child abuse and neglect and 
  7.33  to promote positive parenting skills, giving priority to 
  7.34  services and outreach programs for at-risk families; 
  7.35     (4) involvement of parents and other community members, 
  7.36  including the clergy, business representatives, civic leaders, 
  8.1   local elected officials, law enforcement officials, and the 
  8.2   county attorney; 
  8.3      (5) collaboration with local community services, agencies, 
  8.4   and organizations that assist in violence intervention or 
  8.5   prevention, including family-based services, crisis services, 
  8.6   life management skills services, case coordination services, 
  8.7   mental health services, and early intervention services; 
  8.8      (6) collaboration among districts and service cooperatives; 
  8.9      (7) targeting early adolescents for prevention efforts, 
  8.10  especially early adolescents whose personal circumstances may 
  8.11  lead to violent or harassing behavior; 
  8.12     (8) opportunities for teachers to receive in-service 
  8.13  training or attend other programs on strategies or curriculum 
  8.14  designed to assist students in intervening in or preventing 
  8.15  violence in school and at home; and 
  8.16     (9) administrative policies that reflect, and a staff that 
  8.17  models, nonviolent behaviors that do not display or condone 
  8.18  sexual, racial, or cultural harassment or student hazing. 
  8.19     (c) The department may provide assistance at a neutral site 
  8.20  to a nonpublic school participating in a district's program. 
  8.21     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  8.22  144D.01, subdivision 4, is amended to read: 
  8.23     Subd. 4.  [HOUSING WITH SERVICES ESTABLISHMENT OR 
  8.24  ESTABLISHMENT.] "Housing with services establishment" or 
  8.25  "establishment" means an establishment providing sleeping 
  8.26  accommodations to one or more adult residents, at least 80 
  8.27  percent of which are 55 years of age or older, and offering or 
  8.28  providing, for a fee, one or more regularly scheduled 
  8.29  health-related services or two or more regularly scheduled 
  8.30  supportive services, whether offered or provided directly by the 
  8.31  establishment or by another entity arranged for by the 
  8.32  establishment. 
  8.33     Housing with services establishment does not include: 
  8.34     (1) a nursing home licensed under chapter 144A; 
  8.35     (2) a hospital, certified boarding care home, or supervised 
  8.36  living facility licensed under sections 144.50 to 144.56; 
  9.1      (3) a board and lodging establishment licensed under 
  9.2   chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 
  9.3   9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 
  9.4   9530.4450, or under chapter 245B; 
  9.5      (4) a board and lodging establishment which serves as a 
  9.6   shelter for battered women domestic abuse victims or other 
  9.7   similar purpose; 
  9.8      (5) a family adult foster care home licensed by the 
  9.9   department of human services; 
  9.10     (6) private homes in which the residents are related by 
  9.11  kinship, law, or affinity with the providers of services; 
  9.12     (7) residential settings for persons with mental 
  9.13  retardation or related conditions in which the services are 
  9.14  licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or 
  9.15  applicable successor rules or laws; 
  9.16     (8) a home-sharing arrangement such as when an elderly or 
  9.17  disabled person or single-parent family makes lodging in a 
  9.18  private residence available to another person in exchange for 
  9.19  services or rent, or both; 
  9.20     (9) a duly organized condominium, cooperative, common 
  9.21  interest community, or owners' association of the foregoing 
  9.22  where at least 80 percent of the units that comprise the 
  9.23  condominium, cooperative, or common interest community are 
  9.24  occupied by individuals who are the owners, members, or 
  9.25  shareholders of the units; or 
  9.26     (10) services for persons with developmental disabilities 
  9.27  that are provided under a license according to Minnesota Rules, 
  9.28  parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or 
  9.29  under chapter 245B. 
  9.30     Sec. 8.  Minnesota Statutes 1998, section 256D.02, 
  9.31  subdivision 12a, is amended to read: 
  9.32     Subd. 12a.  [RESIDENT.] (a) For purposes of eligibility for 
  9.33  general assistance and general assistance medical care, a person 
  9.34  must be a resident of this state.  
  9.35     (b) A "resident" is a person living in the state for at 
  9.36  least 30 days with the intention of making the person's home 
 10.1   here and not for any temporary purpose.  Time spent in a shelter 
 10.2   for battered women domestic abuse victims shall count toward 
 10.3   satisfying the 30-day residency requirement.  All applicants for 
 10.4   these programs are required to demonstrate the requisite intent 
 10.5   and can do so in any of the following ways: 
 10.6      (1) by showing that the applicant maintains a residence at 
 10.7   a verified address, other than a place of public accommodation.  
 10.8   An applicant may verify a residence address by presenting a 
 10.9   valid state driver's license, a state identification card, a 
 10.10  voter registration card, a rent receipt, a statement by the 
 10.11  landlord, apartment manager, or homeowner verifying that the 
 10.12  individual is residing at the address, or other form of 
 10.13  verification approved by the commissioner; or 
 10.14     (2) by verifying residence according to Minnesota Rules, 
 10.15  part 9500.1219, subpart 3, item C. 
 10.16     (c) For general assistance medical care, a county agency 
 10.17  shall waive the 30-day residency requirement in cases of medical 
 10.18  emergencies.  For general assistance, a county shall waive the 
 10.19  30-day residency requirement where unusual hardship would result 
 10.20  from denial of general assistance.  For purposes of this 
 10.21  subdivision, "unusual hardship" means the applicant is without 
 10.22  shelter or is without available resources for food. 
 10.23     The county agency must report to the commissioner within 30 
 10.24  days on any waiver granted under this section.  The county shall 
 10.25  not deny an application solely because the applicant does not 
 10.26  meet at least one of the criteria in this subdivision, but shall 
 10.27  continue to process the application and leave the application 
 10.28  pending until the residency requirement is met or until 
 10.29  eligibility or ineligibility is established. 
 10.30     (d) For purposes of paragraph (c), the following 
 10.31  definitions apply (1) "metropolitan statistical area" is as 
 10.32  defined by the United States Census Bureau; (2) "shelter" 
 10.33  includes any shelter that is located within the metropolitan 
 10.34  statistical area containing the county and for which the 
 10.35  applicant is eligible, provided the applicant does not have to 
 10.36  travel more than 20 miles to reach the shelter and has access to 
 11.1   transportation to the shelter.  Clause (2) does not apply to 
 11.2   counties in the Minneapolis-St. Paul metropolitan statistical 
 11.3   area. 
 11.4      (e) Migrant workers as defined in section 256J.08 and, 
 11.5   until March 31, 1998, their immediate families are exempt from 
 11.6   the residency requirements of this section, provided the migrant 
 11.7   worker provides verification that the migrant family worked in 
 11.8   this state within the last 12 months and earned at least $1,000 
 11.9   in gross wages during the time the migrant worker worked in this 
 11.10  state. 
 11.11     (f) For purposes of eligibility for emergency general 
 11.12  assistance, the 30-day residency requirement under this section 
 11.13  shall not be waived. 
 11.14     (g) If any provision of this subdivision is enjoined from 
 11.15  implementation or found unconstitutional by any court of 
 11.16  competent jurisdiction, the remaining provisions shall remain 
 11.17  valid and shall be given full effect. 
 11.18     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 11.19  256D.06, subdivision 5, is amended to read: 
 11.20     Subd. 5.  Any applicant, otherwise eligible for general 
 11.21  assistance and possibly eligible for maintenance benefits from 
 11.22  any other source shall (a) make application for those benefits 
 11.23  within 30 days of the general assistance application; and (b) 
 11.24  execute an interim assistance authorization agreement on a form 
 11.25  as directed by the commissioner.  The commissioner shall review 
 11.26  a denial of an application for other maintenance benefits and 
 11.27  may require a recipient of general assistance to file an appeal 
 11.28  of the denial if appropriate.  If found eligible for benefits 
 11.29  from other sources, and a payment received from another source 
 11.30  relates to the period during which general assistance was also 
 11.31  being received, the recipient shall be required to reimburse the 
 11.32  county agency for the interim assistance paid.  Reimbursement 
 11.33  shall not exceed the amount of general assistance paid during 
 11.34  the time period to which the other maintenance benefits apply 
 11.35  and shall not exceed the state standard applicable to that time 
 11.36  period.  The commissioner shall adopt rules authorizing county 
 12.1   agencies or other client representatives to retain from the 
 12.2   amount recovered under an interim assistance agreement 25 
 12.3   percent plus actual reasonable fees, costs, and disbursements of 
 12.4   appeals and litigation, of providing special assistance to the 
 12.5   recipient in processing the recipient's claim for maintenance 
 12.6   benefits from another source.  The money retained under this 
 12.7   section shall be from the state share of the recovery.  The 
 12.8   commissioner or the county agency may contract with qualified 
 12.9   persons to provide the special assistance.  The rules adopted by 
 12.10  the commissioner shall include the methods by which county 
 12.11  agencies shall identify, refer, and assist recipients who may be 
 12.12  eligible for benefits under federal programs for the disabled.  
 12.13  This subdivision does not require repayment of per diem payments 
 12.14  made to shelters for battered women domestic abuse victims 
 12.15  pursuant to section 256D.05, subdivision 3. 
 12.16     Sec. 10.  Minnesota Statutes 1998, section 256G.02, 
 12.17  subdivision 6, is amended to read: 
 12.18     Subd. 6.  [EXCLUDED TIME.] "Excluded time" means: 
 12.19     (a) any period an applicant spends in a hospital, 
 12.20  sanitarium, nursing home, shelter other than an emergency 
 12.21  shelter, halfway house, foster home, semi-independent living 
 12.22  domicile or services program, residential facility offering 
 12.23  care, board and lodging facility or other institution for the 
 12.24  hospitalization or care of human beings, as defined in section 
 12.25  144.50, 144A.01, or 245A.02, subdivision 14; maternity home, 
 12.26  battered women's shelter for domestic abuse victims, or 
 12.27  correctional facility; or any facility based on an emergency 
 12.28  hold under sections 253B.05, subdivisions 1 and 2, and 253B.07, 
 12.29  subdivision 6; 
 12.30     (b) any period an applicant spends on a placement basis in 
 12.31  a training and habilitation program, including a rehabilitation 
 12.32  facility or work or employment program as defined in section 
 12.33  268A.01; or receiving personal care assistant services pursuant 
 12.34  to section 256B.0627, subdivision 4; semi-independent living 
 12.35  services provided under section 252.275, and Minnesota Rules, 
 12.36  parts 9525.0500 to 9525.0660; day training and habilitation 
 13.1   programs and assisted living services; and 
 13.2      (c) any placement for a person with an indeterminate 
 13.3   commitment, including independent living.  
 13.4      Sec. 11.  Minnesota Statutes 1999 Supplement, section 
 13.5   256G.03, subdivision 2, is amended to read: 
 13.6      Subd. 2.  [NO DURATIONAL TEST.] Except as otherwise 
 13.7   provided in sections 256J.75; 256B.056, subdivision 1; 256D.02, 
 13.8   subdivision 12a, and 256J.12 for purposes of this chapter, no 
 13.9   waiting period is required before securing county or state 
 13.10  residence.  A person cannot, however, gain residence while 
 13.11  physically present in an excluded time facility unless otherwise 
 13.12  specified in this chapter or in a federal regulation controlling 
 13.13  a federally funded human service program.  Interstate migrants 
 13.14  who enter a shelter for battered women domestic abuse victims 
 13.15  directly from another state can gain residency while in the 
 13.16  facility provided the person can provide documentation that the 
 13.17  person is a victim of domestic abuse as defined in section 
 13.18  256J.49, subdivision 2, and the county determines that the 
 13.19  placement is appropriate; and the commissioner of human services 
 13.20  is authorized to make per diem payments under section 256D.05, 
 13.21  subdivision 3, on behalf of such individuals. 
 13.22     Sec. 12.  Minnesota Statutes 1998, section 256I.04, 
 13.23  subdivision 2c, is amended to read: 
 13.24     Subd. 2c.  [CRISIS SHELTERS.] Secure crisis shelters for 
 13.25  battered women domestic abuse victims and their children 
 13.26  designated by the Minnesota department of corrections are not 
 13.27  group residences under this chapter. 
 13.28     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 13.29  256J.12, subdivision 1a, is amended to read: 
 13.30     Subd. 1a.  [30-DAY RESIDENCY REQUIREMENT.] An assistance 
 13.31  unit is considered to have established residency in this state 
 13.32  only when a child or caregiver has resided in this state for at 
 13.33  least 30 consecutive days with the intention of making the 
 13.34  person's home here and not for any temporary purpose.  The birth 
 13.35  of a child in Minnesota to a member of the assistance unit does 
 13.36  not automatically establish the residency in this state under 
 14.1   this subdivision of the other members of the assistance unit.  
 14.2   Time spent in a shelter for battered women domestic abuse 
 14.3   victims shall count toward satisfying the 30-day residency 
 14.4   requirement. 
 14.5      Sec. 14.  Minnesota Statutes 1998, section 256J.28, 
 14.6   subdivision 5, is amended to read: 
 14.7      Subd. 5.  [FOOD STAMPS FOR PERSONS RESIDING IN A BATTERED 
 14.8   WOMAN'S SHELTER FOR DOMESTIC ABUSE VICTIMS.] Members of an 
 14.9   MFIP-S assistance unit residing in a battered woman's shelter 
 14.10  for domestic abuse victims may receive food stamps or the food 
 14.11  portion twice in a month if the unit that initially received the 
 14.12  food stamps or food portion included the alleged abuser. 
 14.13     Sec. 15.  Minnesota Statutes 1998, section 257.75, 
 14.14  subdivision 6, is amended to read: 
 14.15     Subd. 6.  [PATERNITY EDUCATIONAL MATERIALS.] The 
 14.16  commissioner of human services shall prepare educational 
 14.17  materials for new and prospective parents that describe the 
 14.18  benefits and effects of establishing paternity.  The materials 
 14.19  must include a description and comparison of the procedures for 
 14.20  establishment of paternity through a recognition of parentage 
 14.21  under this section and an adjudication of paternity under 
 14.22  sections 257.51 to 257.74.  The commissioner shall consider the 
 14.23  use of innovative audio or visual approaches to the presentation 
 14.24  of the materials to facilitate understanding and presentation.  
 14.25  In preparing the materials, the commissioner shall consult with 
 14.26  child advocates and support workers, battered women's advocates 
 14.27  for domestic abuse victims, social service providers, educators, 
 14.28  attorneys, hospital representatives, and people who work with 
 14.29  parents in making decisions related to paternity.  The 
 14.30  commissioner shall consult with representatives of communities 
 14.31  of color.  On and after January 1, 1994, the commissioner shall 
 14.32  make the materials available without cost to hospitals, 
 14.33  requesting agencies, and other persons for distribution to new 
 14.34  parents. 
 14.35     Sec. 16.  Minnesota Statutes 1998, section 268.362, 
 14.36  subdivision 1, is amended to read: 
 15.1      Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
 15.2   make grants to eligible organizations for programs to provide 
 15.3   education and training services to targeted youth.  The purpose 
 15.4   of these programs is to provide specialized training and work 
 15.5   experience for targeted youth who have not been served 
 15.6   effectively by the current educational system.  The programs are 
 15.7   to include a work experience component with work projects that 
 15.8   result in the rehabilitation, improvement, or construction of 
 15.9   (1) residential units for the homeless, or (2) education, social 
 15.10  service, or health facilities which are owned by a public agency 
 15.11  or a private nonprofit organization.  
 15.12     (b) Eligible facilities must principally provide services 
 15.13  to homeless or very low income individuals and families, and 
 15.14  include the following: 
 15.15     (1) Head Start or day care centers; 
 15.16     (2) homeless, battered women domestic abuse victim, or 
 15.17  other shelters; 
 15.18     (3) transitional housing; 
 15.19     (4) youth or senior citizen centers; and 
 15.20     (5) community health centers. 
 15.21     Two or more eligible organizations may jointly apply for a 
 15.22  grant.  The commissioner shall administer the grant program. 
 15.23     Sec. 17.  Minnesota Statutes 1998, section 518B.01, 
 15.24  subdivision 21, is amended to read: 
 15.25     Subd. 21.  [ORDER FOR PROTECTION FORMS.] The state court 
 15.26  administrator, in consultation with the advisory council on 
 15.27  battered women domestic abuse, city and county attorneys, and 
 15.28  legal advocates who work with victims, shall develop a uniform 
 15.29  order for protection form that will facilitate the consistent 
 15.30  enforcement of orders for protection throughout the state. 
 15.31     Sec. 18.  Minnesota Statutes 1998, section 609.101, 
 15.32  subdivision 2, is amended to read: 
 15.33     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
 15.34  when a court sentences a person convicted of violating section 
 15.35  609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 
 15.36  609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
 16.1   must impose a fine of not less than 30 percent of the maximum 
 16.2   fine authorized by law nor more than the maximum fine authorized 
 16.3   by law.  
 16.4      The court shall collect the portion of the fine mandated by 
 16.5   this subdivision and forward 70 percent of it to a local victim 
 16.6   assistance program that provides services locally in the county 
 16.7   in which the crime was committed.  The court shall forward the 
 16.8   remaining 30 percent to the commissioner of finance to be 
 16.9   credited to the general fund.  If more than one victim 
 16.10  assistance program serves the county in which the crime was 
 16.11  committed, the court may designate on a case-by-case basis which 
 16.12  program will receive the fine proceeds, giving consideration to 
 16.13  the nature of the crime committed, the types of victims served 
 16.14  by the program, and the funding needs of the program.  If no 
 16.15  victim assistance program serves that county, the court shall 
 16.16  forward 100 percent of the fine proceeds to the commissioner of 
 16.17  finance to be credited to the general fund.  Fine proceeds 
 16.18  received by a local victim assistance program must be used to 
 16.19  provide direct services to crime victims.  
 16.20     The minimum fine required by this subdivision is in 
 16.21  addition to the surcharge or assessment required by subdivision 
 16.22  1 and is in addition to any sentence of imprisonment or 
 16.23  restitution imposed or ordered by the court. 
 16.24     As used in this subdivision, "victim assistance program" 
 16.25  means victim witness programs within county attorney offices or 
 16.26  any of the following programs:  crime victim crisis centers, 
 16.27  victim-witness programs, battered women shelters for domestic 
 16.28  abuse victims and nonshelter programs, and sexual assault 
 16.29  programs. 
 16.30     Sec. 19.  Minnesota Statutes 1998, section 609.605, 
 16.31  subdivision 2, is amended to read: 
 16.32     Subd. 2.  [GROSS MISDEMEANOR.] Whoever trespasses upon the 
 16.33  grounds of a facility providing emergency shelter services for 
 16.34  battered women domestic abuse victims, as defined under section 
 16.35  611A.31, subdivision 3, or of a facility providing transitional 
 16.36  housing for battered women domestic abuse victims and their 
 17.1   children, without claim of right or consent of one who has right 
 17.2   to give consent, and refuses to depart from the grounds of the 
 17.3   facility on demand of one who has right to give consent, is 
 17.4   guilty of a gross misdemeanor. 
 17.5      Sec. 20.  Minnesota Statutes 1998, section 609.7495, 
 17.6   subdivision 1, is amended to read: 
 17.7      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 17.8   section, the following terms have the meanings given them. 
 17.9      (a) "Facility" means any of the following: 
 17.10     (1) a hospital or other health institution licensed under 
 17.11  sections 144.50 to 144.56; 
 17.12     (2) a medical facility as defined in section 144.561; 
 17.13     (3) an agency, clinic, or office operated under the 
 17.14  direction of or under contract with the commissioner of health 
 17.15  or a community health board, as defined in section 145A.02; 
 17.16     (4) a facility providing counseling regarding options for 
 17.17  medical services or recovery from an addiction; 
 17.18     (5) a facility providing emergency shelter services for 
 17.19  battered women domestic abuse victims, as defined in section 
 17.20  611A.31, subdivision 3, or a facility providing transitional 
 17.21  housing for battered women domestic abuse victims and their 
 17.22  children; 
 17.23     (6) a facility as defined in section 626.556, subdivision 
 17.24  2, paragraph (f); 
 17.25     (7) a facility as defined in section 626.5572, subdivision 
 17.26  6, where the services described in that paragraph are provided; 
 17.27     (8) a place to or from which ambulance service, as defined 
 17.28  in section 144E.001, is provided or sought to be provided; and 
 17.29     (9) a hospice program licensed under section 144A.48. 
 17.30     (b) "Aggrieved party" means a person whose access to or 
 17.31  egress from a facility is obstructed in violation of subdivision 
 17.32  2, or the facility. 
 17.33     Sec. 21.  Minnesota Statutes 1998, section 611A.07, 
 17.34  subdivision 1, is amended to read: 
 17.35     Subdivision 1.  [GENERALLY.] The commissioner of 
 17.36  corrections, after considering the recommendations of the 
 18.1   battered women domestic abuse advisory council and the sexual 
 18.2   assault advisory council, and in collaboration with the 
 18.3   commissioner of public safety, shall adopt standards governing 
 18.4   electronic monitoring devices used to protect victims of 
 18.5   domestic abuse.  In developing proposed standards, the 
 18.6   commissioner shall consider the experience of the courts in the 
 18.7   tenth judicial district in the use of the devices to protect 
 18.8   victims of domestic abuse.  These standards shall promote the 
 18.9   safety of the victim and shall include measures to avoid the 
 18.10  disparate use of the device with communities of color, product 
 18.11  standards, monitoring agency standards, and victim disclosure 
 18.12  standards.  
 18.13     Sec. 22.  Minnesota Statutes 1998, section 611A.31, 
 18.14  subdivision 2, is amended to read: 
 18.15     Subd. 2.  "Battered woman" "Domestic abuse victim" means a 
 18.16  woman person who is being or has been victimized by domestic 
 18.17  abuse as defined in section 518B.01, subdivision 2. 
 18.18     Sec. 23.  Minnesota Statutes 1998, section 611A.31, 
 18.19  subdivision 3, is amended to read: 
 18.20     Subd. 3.  "Emergency shelter services" include, but are not 
 18.21  limited to, secure crisis shelters for battered women domestic 
 18.22  abuse victims and housing networks for battered women domestic 
 18.23  abuse victims. 
 18.24     Sec. 24.  Minnesota Statutes 1998, section 611A.32, 
 18.25  subdivision 1, is amended to read: 
 18.26     Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
 18.27  award grants to programs which provide emergency shelter 
 18.28  services and support services to battered women domestic abuse 
 18.29  victims and their children.  The commissioner shall also award 
 18.30  grants for training, technical assistance, and for the 
 18.31  development and implementation of education programs to increase 
 18.32  public awareness of the causes of battering, the solutions to 
 18.33  preventing and ending domestic violence, and the problems faced 
 18.34  by battered women domestic abuse victims.  Grants shall be 
 18.35  awarded in a manner that ensures that they are equitably 
 18.36  distributed to programs serving metropolitan and nonmetropolitan 
 19.1   populations.  By July 1, 1995, community-based domestic abuse 
 19.2   advocacy and support services programs must be established in 
 19.3   every judicial assignment district. 
 19.4      Sec. 25.  Minnesota Statutes 1998, section 611A.32, 
 19.5   subdivision 2, is amended to read: 
 19.6      Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 19.7   agency may apply to the commissioner for a grant to provide 
 19.8   emergency shelter services, support services, or both, to 
 19.9   battered women domestic abuse victims and their children.  The 
 19.10  application shall be submitted in a form approved by the 
 19.11  commissioner by rule adopted under chapter 14, after 
 19.12  consultation with the advisory council, and shall include: 
 19.13     (1) a proposal for the provision of emergency shelter 
 19.14  services, support services, or both, for battered women domestic 
 19.15  abuse victims and their children; 
 19.16     (2) a proposed budget; 
 19.17     (3) evidence of an ability to integrate into the proposed 
 19.18  program the uniform method of data collection and program 
 19.19  evaluation established under sections 611A.33 and 611A.34; 
 19.20     (4) evidence of an ability to represent the interests of 
 19.21  battered women domestic abuse victims and their children to 
 19.22  local law enforcement agencies and courts, county welfare 
 19.23  agencies, and local boards or departments of health; 
 19.24     (5) evidence of an ability to do outreach to unserved and 
 19.25  underserved populations and to provide culturally and 
 19.26  linguistically appropriate services; and 
 19.27     (6) any other content the commissioner may require by rule 
 19.28  adopted under chapter 14, after considering the recommendations 
 19.29  of the advisory council. 
 19.30     Programs which have been approved for grants in prior years 
 19.31  may submit materials which indicate changes in items listed in 
 19.32  clauses (1) to (6), in order to qualify for renewal funding.  
 19.33  Nothing in this subdivision may be construed to require programs 
 19.34  to submit complete applications for each year of renewal funding.
 19.35     Sec. 26.  Minnesota Statutes 1998, section 611A.32, 
 19.36  subdivision 3, is amended to read: 
 20.1      Subd. 3.  [DUTIES OF GRANTEES.] Every public or private 
 20.2   nonprofit agency which receives a grant to provide emergency 
 20.3   shelter services and support services to battered women domestic 
 20.4   abuse victims shall comply with all rules of the commissioner 
 20.5   related to the administration of the pilot programs. 
 20.6      Sec. 27.  Minnesota Statutes 1998, section 611A.32, 
 20.7   subdivision 5, is amended to read: 
 20.8      Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES .] 
 20.9   Personal history information and other information collected, 
 20.10  used or maintained by a grantee from which the identity or 
 20.11  location of any battered woman victim of domestic abuse may be 
 20.12  determined is private data on individuals, as defined in section 
 20.13  13.02, subdivision 12, and the grantee shall maintain the data 
 20.14  in accordance with the provisions of chapter 13. 
 20.15     Sec. 28.  Minnesota Statutes 1998, section 611A.33, is 
 20.16  amended to read: 
 20.17     611A.33 [DUTIES OF COMMISSIONER.] 
 20.18     The commissioner shall: 
 20.19     (1) Review applications for and award grants to a program 
 20.20  pursuant to section 611A.32, subdivision 1, after considering 
 20.21  the recommendation of the advisory council; 
 20.22     (2) Appoint the members of the advisory council created 
 20.23  under section 611A.34, and provide consultative staff and other 
 20.24  administrative services to the advisory council; 
 20.25     (3) After considering the recommendation of the advisory 
 20.26  council, appoint a program director to perform the duties set 
 20.27  forth in section 611A.35; 
 20.28     (4) Design and implement a uniform method of collecting 
 20.29  data on battered women domestic abuse victims to be used to 
 20.30  evaluate the programs funded under section 611A.32; 
 20.31     (5) Provide technical aid to applicants in the development 
 20.32  of grant requests and provide technical aid to programs in 
 20.33  meeting the data collection requirements established by the 
 20.34  commissioner; and 
 20.35     (6) Adopt, under chapter 14, all rules necessary to 
 20.36  implement the provisions of sections 611A.31 to 611A.36. 
 21.1      Sec. 29.  Minnesota Statutes 1998, section 611A.34, 
 21.2   subdivision 1, is amended to read: 
 21.3      Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
 21.4   a 12-member advisory council to advise the commissioner on the 
 21.5   implementation and continued operation of sections 611A.31 to 
 21.6   611A.36.  The battered women's domestic abuse advisory council 
 21.7   shall also serve as a liaison between the commissioner and 
 21.8   organizations that provide services to battered women domestic 
 21.9   abuse victims.  Section 15.059 governs the filling of vacancies 
 21.10  and removal of members of the advisory council.  The terms of 
 21.11  the members of the advisory council shall be two years.  No 
 21.12  member may serve on the advisory council for more than two 
 21.13  consecutive terms.  Notwithstanding section 15.059, the council 
 21.14  shall not expire.  Council members shall not receive per diem, 
 21.15  but shall receive expenses in the same manner and amount as 
 21.16  state employees.  
 21.17     Sec. 30.  Minnesota Statutes 1998, section 611A.34, 
 21.18  subdivision 2, is amended to read: 
 21.19     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 21.20  knowledgeable about and have experience or interest in issues 
 21.21  concerning battered women domestic abuse victims, including the 
 21.22  need for effective advocacy services.  The membership of the 
 21.23  council shall broadly represent the interests of battered women 
 21.24  domestic abuse victims in Minnesota.  No more than six of the 
 21.25  members of the battered women's domestic abuse advisory council 
 21.26  may be representatives of community or governmental 
 21.27  organizations that provide services to battered women domestic 
 21.28  abuse victims.  One-half of the council's members shall reside 
 21.29  in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 
 21.30  Dakota, Scott, Washington, and Carver counties, and one-half of 
 21.31  the members shall reside in the nonmetropolitan area.  To the 
 21.32  extent possible, nonmetropolitan members must be representative 
 21.33  of all nonmetropolitan regions of the state. 
 21.34     Sec. 31.  Minnesota Statutes 1998, section 611A.34, 
 21.35  subdivision 3, is amended to read: 
 21.36     Subd. 3.  [DUTIES.] The advisory council shall: 
 22.1      (1) advise the commissioner on all planning, development, 
 22.2   data collection, rulemaking, funding, and evaluation of programs 
 22.3   and services for battered women domestic abuse victims that are 
 22.4   funded under section 611A.32, other than matters of a purely 
 22.5   administrative nature; 
 22.6      (2) advise the commissioner on the adoption of rules under 
 22.7   chapter 14 governing the award of grants to ensure that funded 
 22.8   programs are consistent with section 611A.32, subdivision 1; 
 22.9      (3) recommend to the commissioner the names of five 
 22.10  applicants for the position of battered women's domestic abuse 
 22.11  program director; 
 22.12     (4) advise the commissioner on the rules adopted under 
 22.13  chapter 14 pursuant to section 611A.33; 
 22.14     (5) review applications received by the commissioner for 
 22.15  grants under section 611A.32 and make recommendations on the 
 22.16  awarding of grants; and 
 22.17     (6) advise the program director in the performance of 
 22.18  duties in the administration and coordination of the programs 
 22.19  funded under section 611A.32. 
 22.20     Sec. 32.  Minnesota Statutes 1998, section 611A.345, is 
 22.21  amended to read: 
 22.22     611A.345 [ADVISORY COUNCIL RECOMMENDATIONS.] 
 22.23     The commissioner shall consider the advisory council's 
 22.24  recommendations before awarding grants or adopting policies 
 22.25  regarding the planning, development, data collection, 
 22.26  rulemaking, funding or evaluation of programs and services for 
 22.27  battered women domestic abuse victims funded under section 
 22.28  611A.32.  Before taking action on matters related to programs 
 22.29  and services for battered women domestic abuse victims and their 
 22.30  children, except day-to-day administrative operations, the 
 22.31  commissioner shall notify the advisory council of the intended 
 22.32  action.  Notification of grant award decisions shall be given to 
 22.33  the advisory council in time to allow the council to request 
 22.34  reconsideration.  
 22.35     Sec. 33.  Minnesota Statutes 1998, section 611A.35, is 
 22.36  amended to read: 
 23.1      611A.35 [BATTERED WOMEN'S DOMESTIC ABUSE PROGRAM DIRECTOR.] 
 23.2      The commissioner shall appoint a program director.  In 
 23.3   appointing the program director the commissioner shall give due 
 23.4   consideration to the list of applicants submitted to the 
 23.5   commissioner pursuant to section 611A.34, subdivision 3, clause 
 23.6   (3).  The program director shall administer the funds 
 23.7   appropriated for sections 611A.31 to 611A.36, consult with and 
 23.8   provide staff to the advisory council, and perform other duties 
 23.9   related to battered women's domestic abuse programs as the 
 23.10  commissioner may assign.  The program director shall serve at 
 23.11  the pleasure of the commissioner in the unclassified service. 
 23.12     Sec. 34.  Minnesota Statutes 1998, section 611A.36, 
 23.13  subdivision 1, is amended to read: 
 23.14     Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
 23.15  by rule adopted under chapter 14, after considering the 
 23.16  recommendations of the advisory council, prescribe a uniform 
 23.17  form and method for the collection of data on battered 
 23.18  women domestic abuse victims.  The method and form of data 
 23.19  collection shall be designed to document the incidence of 
 23.20  assault on battered women domestic abuse victims as defined in 
 23.21  section 611A.31, subdivision 2.  All data collected by the 
 23.22  commissioner pursuant to this section shall be summary data 
 23.23  within the meaning of section 13.02, subdivision 19. 
 23.24     Sec. 35.  Minnesota Statutes 1998, section 611A.36, 
 23.25  subdivision 2, is amended to read: 
 23.26     Subd. 2.  [MANDATORY DATA COLLECTION.] Every local law 
 23.27  enforcement agency shall collect data related to battered women 
 23.28  domestic abuse victims in the form required by the 
 23.29  commissioner.  The data shall be collected and transmitted to 
 23.30  the commissioner at such times as the commissioner shall, by 
 23.31  rule, require. 
 23.32     Sec. 36.  [611A.37] [DEFINITIONS.] 
 23.33     Subdivision 1.  [SCOPE.] For purposes of sections 36 to 40, 
 23.34  the terms defined have the meanings given them unless otherwise 
 23.35  provided or indicated by the context. 
 23.36     Subd. 2.  [DIRECTOR.] "Director" means the director of the 
 24.1   Minnesota center for crime victim services or a designee. 
 24.2      Subd. 3.  [CENTER.] "Center" means the Minnesota center for 
 24.3   crime victim services. 
 24.4      Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
 24.5   secure crisis shelter, housing network, safe home, or other 
 24.6   facility operated by a nonprofit organization and designated by 
 24.7   the center for the purpose of providing food, lodging, safety, 
 24.8   and 24-hour coverage for victims of domestic abuse and their 
 24.9   minor children. 
 24.10     Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
 24.11  shelter facility" means a facility that has applied to, and been 
 24.12  approved by, the center to provide shelter and services to 
 24.13  victims of domestic abuse and their minor children. 
 24.14     Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
 24.15  charge per person for providing food, lodging, safety, and 
 24.16  24-hour coverage for victims of domestic abuse and their minor 
 24.17  children. 
 24.18     Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
 24.19  amount the center has reserved for each shelter facility. 
 24.20     Subd. 8.  [DOMESTIC ABUSE VICTIM.] "Domestic abuse victim" 
 24.21  has the meaning given in section 611A.31, subdivision 2. 
 24.22     Sec. 37.  [611A.371] [PROGRAM OPERATION.] 
 24.23     Subdivision 1.  [PURPOSE.] The purpose of the per diem 
 24.24  program is to provide reimbursement in a timely, efficient 
 24.25  manner to local programs for the reasonable and necessary costs 
 24.26  of providing victims of domestic abuse and their minor children 
 24.27  with food, lodging, and safety.  Per diem funding may not be 
 24.28  used for other purposes. 
 24.29     Subd. 2.  [NONDISCRIMINATION.] Designated shelter 
 24.30  facilities are prohibited from discriminating against a domestic 
 24.31  abuse victim or the victim's minor children on the basis of 
 24.32  race, color, creed, religion, national origin, marital status, 
 24.33  status with regard to public assistance, disability, or sexual 
 24.34  orientation.  
 24.35     Subd. 3.  [DATA.] Personal history information collected, 
 24.36  used, or maintained by a designated shelter facility from which 
 25.1   the identity or location of any domestic abuse victim may be 
 25.2   determined is private data on individuals, as defined in section 
 25.3   13.02, subdivision 12, and the facility shall maintain the data 
 25.4   in accordance with the provisions of chapter 13. 
 25.5      Sec. 38.  [611A.372] [DUTIES OF THE DIRECTOR.] 
 25.6      In addition to any other duties imposed by law, the 
 25.7   director, with the approval of the commissioner of public 
 25.8   safety, shall: 
 25.9      (1) supervise the administration of per diem payments to 
 25.10  designated shelter facilities; 
 25.11     (2) collect data on shelter facilities; 
 25.12     (3) conduct an annual evaluation of the per diem program; 
 25.13     (4) report to the governor and the legislature on the need 
 25.14  for emergency secure shelter; and 
 25.15     (5) develop an application process for shelter facilities 
 25.16  to follow in seeking reimbursement under the per diem program. 
 25.17     Sec. 39.  [611A.373] [PAYMENTS.] 
 25.18     Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
 25.19  facilities may submit requests for payment monthly based on the 
 25.20  number of persons housed.  Upon approval of the request for 
 25.21  payment by the center, payments shall be made directly to 
 25.22  designated shelter facilities from per diem funds on behalf of 
 25.23  domestic abuse victims and their minor children who reside in 
 25.24  the shelter facility.  Payments made to a designated shelter 
 25.25  facility must not exceed the annual reserve amount for that 
 25.26  facility unless approved by the director.  These payments must 
 25.27  not affect the eligibility of individuals who reside in shelter 
 25.28  facilities for public assistance benefits, except when required 
 25.29  by federal law or regulation. 
 25.30     Subd. 2.  [RESERVE AMOUNT.] The center shall calculate 
 25.31  annually the reserve amount for each designated shelter 
 25.32  facility.  This calculation may be based upon program type, 
 25.33  average occupancy rates, and licensed capacity limits.  The 
 25.34  total of all reserve amounts shall not exceed the legislative 
 25.35  per diem appropriation. 
 25.36     Sec. 40.  [611A.375] [APPEAL PROCESS.] 
 26.1      (a) Except as provided in paragraph (b), a designated 
 26.2   shelter facility may, within 30 days after receiving a decision 
 26.3   by the center to deny payment, request reconsideration.  A 
 26.4   designated shelter facility which is denied payment upon 
 26.5   reconsideration is entitled to a contested case hearing within 
 26.6   the meaning of chapter 14. 
 26.7      (b) A facility may not appeal a decision by the center to 
 26.8   deny payments in excess of the facility's reserve amount.  
 26.9      Sec. 41.  Minnesota Statutes 1999 Supplement, section 
 26.10  626.558, subdivision 1, is amended to read: 
 26.11     Subdivision 1.  [ESTABLISHMENT OF THE TEAM.] A county shall 
 26.12  establish a multidisciplinary child protection team that may 
 26.13  include, but not be limited to, the director of the local 
 26.14  welfare agency or designees, the county attorney or designees, 
 26.15  the county sheriff or designees, representatives of health and 
 26.16  education, representatives of mental health or other appropriate 
 26.17  human service or community-based agencies, and parent groups.  
 26.18  As used in this section, a "community-based agency" may include, 
 26.19  but is not limited to, schools, social service agencies, family 
 26.20  service and mental health collaboratives, early childhood and 
 26.21  family education programs, Head Start, or other agencies serving 
 26.22  children and families.  A member of the team must be designated 
 26.23  as the lead person of the team responsible for the planning 
 26.24  process to develop standards for its activities with battered 
 26.25  women's domestic abuse programs and services. 
 26.26     Sec. 42.  Minnesota Statutes 1998, section 629.341, 
 26.27  subdivision 3, is amended to read: 
 26.28     Subd. 3.  [NOTICE OF RIGHTS.] The peace officer shall tell 
 26.29  the victim whether a shelter or other services are available in 
 26.30  the community and give the victim immediate notice of the legal 
 26.31  rights and remedies available.  The notice must include 
 26.32  furnishing the victim a copy of the following statement: 
 26.33     "IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask 
 26.34  the city or county attorney to file a criminal complaint.  You 
 26.35  also have the right to go to court and file a petition 
 26.36  requesting an order for protection from domestic abuse.  The 
 27.1   order could include the following: 
 27.2      (1) an order restraining the abuser from further acts of 
 27.3   abuse; 
 27.4      (2) an order directing the abuser to leave your household; 
 27.5      (3) an order preventing the abuser from entering your 
 27.6   residence, school, business, or place of employment; 
 27.7      (4) an order awarding you or the other parent custody of or 
 27.8   visitation with your minor child or children; or 
 27.9      (5) an order directing the abuser to pay support to you and 
 27.10  the minor children if the abuser has a legal obligation to do 
 27.11  so."  
 27.12     The notice must include the resource listing, including 
 27.13  telephone number, for the area battered women's domestic abuse 
 27.14  shelter, to be designated by the department of corrections.  
 27.15     Sec. 43.  Minnesota Statutes 1998, section 629.342, 
 27.16  subdivision 2, is amended to read: 
 27.17     Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
 27.18  law enforcement agency shall develop, adopt, and implement a 
 27.19  written policy regarding arrest procedures for domestic abuse 
 27.20  incidents.  In the development of a policy, each law enforcement 
 27.21  agency shall consult with domestic abuse advocates, community 
 27.22  organizations, and other law enforcement agencies with expertise 
 27.23  in the recognition and handling of domestic abuse incidents.  
 27.24  The policy shall discourage dual arrests, include consideration 
 27.25  of whether one of the parties acted in self defense, and provide 
 27.26  guidance to officers concerning instances in which officers 
 27.27  should remain at the scene of a domestic abuse incident until 
 27.28  the likelihood of further imminent violence has been eliminated. 
 27.29     (b) The bureau of criminal apprehension, the board of peace 
 27.30  officer standards and training, and the battered women's 
 27.31  domestic abuse advisory council appointed by the commissioner of 
 27.32  corrections under section 611A.34, in consultation with the 
 27.33  Minnesota chiefs of police association, the Minnesota sheriffs 
 27.34  association, and the Minnesota police and peace officers 
 27.35  association, shall develop a written model policy regarding 
 27.36  arrest procedures for domestic abuse incidents for use by local 
 28.1   law enforcement agencies.  Each law enforcement agency may adopt 
 28.2   the model policy in lieu of developing its own policy under the 
 28.3   provisions of paragraph (a). 
 28.4      (c) Local law enforcement agencies that have already 
 28.5   developed a written policy regarding arrest procedures for 
 28.6   domestic abuse incidents before July 1, 1992, are not required 
 28.7   to develop a new policy but must review their policies and 
 28.8   consider the written model policy developed under paragraph (b). 
 28.9      Sec. 44.  Minnesota Statutes 1998, section 629.72, 
 28.10  subdivision 6, is amended to read: 
 28.11     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 28.12  (a) Immediately after issuance of a citation in lieu of 
 28.13  continued detention under subdivision 1, or the entry of an 
 28.14  order for release under subdivision 2, but before the arrested 
 28.15  person is released, the agency having custody of the arrested 
 28.16  person or its designee must make a reasonable and good faith 
 28.17  effort to inform orally the alleged victim, local law 
 28.18  enforcement agencies known to be involved in the case, if 
 28.19  different from the agency having custody, and, at the victim's 
 28.20  request any local battered women's domestic abuse programs 
 28.21  established under section 611A.32 or sexual assault programs of: 
 28.22     (1) the conditions of release, if any; 
 28.23     (2) the time of release; 
 28.24     (3) the time, date, and place of the next scheduled court 
 28.25  appearance of the arrested person and the victim's right to be 
 28.26  present at the court appearance; and 
 28.27     (4) if the arrested person is charged with domestic abuse, 
 28.28  the location and telephone number of the area battered women's 
 28.29  domestic abuse shelter as designated by the department of 
 28.30  corrections. 
 28.31     (b) As soon as practicable after an order for conditional 
 28.32  release is entered, the agency having custody of the arrested 
 28.33  person or its designee must personally deliver or mail to the 
 28.34  alleged victim a copy of the written order and written notice of 
 28.35  the information in paragraph (a), clauses (2) and (3). 
 28.36     Sec. 45.  [APPROPRIATION.] 
 29.1      $400,000 is appropriated from the general fund to the 
 29.2   commissioner of public safety for the fiscal year ending June 
 29.3   30, 2000, to be used to make per diem payments to designated 
 29.4   shelter facilities under Minnesota Statutes, section 611A.373.