HF 3981

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; increasing penalties for 
  1.3             assaulting a peace officer; increasing petty 
  1.4             misdemeanor and misdemeanor fines; defining crosswalk 
  1.5             and clarifying a driver's duties when a pedestrian 
  1.6             crosses a roadway; allowing local road authorities to 
  1.7             adjust pedestrian signal timing; authorizing the 
  1.8             Minnesota Safety Council to award crosswalk safety 
  1.9             awareness grants; allowing counties to retain certain 
  1.10            local correctional fees; reducing the per diem charges 
  1.11            to counties for juveniles admitted to MCF-Red Wing; 
  1.12            establishing distribution of juvenile residential 
  1.13            treatment grants; establishing admission criteria for 
  1.14            MCF-Red Wing; requesting the state court administrator 
  1.15            to establish a workgroup to study court-imposed fines, 
  1.16            fees, and surcharges; requesting the conference of 
  1.17            chief judges report on stayed sentences and 
  1.18            restitution requiring corrections to report on 
  1.19            juveniles placed out-of-state; abolishing the office 
  1.20            of ombudsman for the department of corrections; 
  1.21            requiring the Ramsey county attorney and the St. Paul 
  1.22            city attorney report to the legislature on the types 
  1.23            of cases and outcomes of cases referred to the 
  1.24            domestic abuse prosecution unit; appropriating money; 
  1.25            amending Minnesota Statutes 1998, sections 13.82, 
  1.26            subdivision 3b; 15.0591, subdivision 2; 119A.37, 
  1.27            subdivision 4; 120B.22, subdivision 1; 169.01, 
  1.28            subdivision 37; 169.21, subdivisions 2 and 3; 169.89, 
  1.29            subdivision 2; 242.41; 242.43; 242.44; 257.75, 
  1.30            subdivision 6; 518B.01, subdivision 21; 609.02, 
  1.31            subdivisions 3 and 4a; 609.03; 609.033; 609.0331; 
  1.32            609.0332, subdivision 1; 609.034; 609.2231, 
  1.33            subdivision 1; 611A.07, subdivision 1; 611A.32, 
  1.34            subdivisions 1, 2, 3, and 5; 611A.33; 611A.34, 
  1.35            subdivisions 1, 2, and 3; 611A.345; 611A.35; 611A.36, 
  1.36            subdivisions 1 and 2; 629.342, subdivision 2; and 
  1.37            629.72, subdivision 6; Minnesota Statutes 1999 
  1.38            Supplement, sections 13.99, subdivision 108; 15.059, 
  1.39            subdivision 5a; 241.272, subdivision 6; 242.192; and 
  1.40            626.558, subdivision 1; Laws 1999, chapter 216, 
  1.41            article 1, sections 2, subdivision 3; 9; and 14; 
  1.42            proposing coding for new law in Minnesota Statutes, 
  1.43            chapters 169; 242; 260B; and 611A; repealing Minnesota 
  1.44            Statutes 1998, sections 241.41; 241.42; 241.43; 
  1.45            241.44; 241.441; and 241.45. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2                              ARTICLE 1
  2.3                            APPROPRIATIONS 
  2.4   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.5      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.6   appropriated from the general fund, or another fund named, to 
  2.7   the agencies and for the purposes specified in this act, to be 
  2.8   available for the fiscal years indicated for each purpose.  The 
  2.9   figures "2000" and "2001" where used in this act, mean that the 
  2.10  appropriation or appropriations listed under them are available 
  2.11  for the year ending June 30, 2000, or June 30, 2001, 
  2.12  respectively. 
  2.13                                             APPROPRIATIONS 
  2.14                                         Available for the Year 
  2.15                                             Ending June 30 
  2.16                                            2000         2001 
  2.17  Sec. 2.  DISTRICT COURTS              ..........         79,000 
  2.18  $79,000 is for the fiscal year ending 
  2.19  June 30, 2000, to be used to reimburse 
  2.20  Carlton county for extraordinary 
  2.21  expenses related to homicide trials.  
  2.22  This is a one-time appropriation added 
  2.23  to the district courts appropriation 
  2.24  for fiscal year 2001 in Laws 1999, 
  2.25  chapter 216, article 1, section 4. 
  2.26  Sec. 3.  PUBLIC SAFETY
  2.27  Subdivision 1.  Total 
  2.28  Appropriation                          3,813,000        250,000
  2.29  Subd. 2.  Emergency Management
  2.30  $3,813,000 is for fiscal year 2000 for 
  2.31  the state match of federal disaster 
  2.32  assistance funds under Minnesota 
  2.33  Statutes, section 12.221.  This 
  2.34  appropriation is available to fund 
  2.35  state obligations incurred through the 
  2.36  receipt of federal disaster assistance 
  2.37  grants.  This appropriation is added to 
  2.38  Laws 1999, article 1, chapter 216, 
  2.39  section 7, subdivision 2. 
  2.40  Subd. 3.  Law Enforcement and Community Grants
  2.41  $250,000 is for a one-time grant to the 
  2.42  Ramsey county attorney's office to 
  2.43  establish and fund the domestic assault 
  2.44  and child abuse prosecution unit. 
  2.45  The commissioner of public safety shall 
  2.46  consider using funds appropriated for 
  2.47  grants under Minnesota Statutes, 
  2.48  section 299A.62, for grants to local 
  2.49  law enforcement agencies or regional 
  2.50  jails for the purchase of dogs trained 
  3.1   to detect or locate controlled 
  3.2   substances by scent.  Grants are 
  3.3   limited to one dog per agency.  Local 
  3.4   law enforcement agencies that 
  3.5   previously received a grant under Laws 
  3.6   1999, chapter 216, article 1, section 
  3.7   7, subdivision 6, are ineligible for a 
  3.8   grant under this section.  All dogs 
  3.9   shall be certified by the United States 
  3.10  Police Canine Association or another 
  3.11  equally recognized certifying 
  3.12  organization. 
  3.13  Sec. 4.  CORRECTIONS 
  3.14  Subdivision 1.  Community Services 
  3.15  The fiscal year 2001 general fund 
  3.16  appropriation for juvenile residential 
  3.17  treatment grants in Laws 1999, chapter 
  3.18  216, article 1, section 13, subdivision 
  3.19  4, is reduced by $5,000,000.  The 
  3.20  commissioner of finance shall reflect 
  3.21  this reduction in the base budget of 
  3.22  the department of corrections for the 
  3.23  next biennium. 
  3.24  Sec. 5.  AUTO THEFT 
  3.25  PREVENTION BOARD 
  3.26  By June 30, 2001, the commissioner of 
  3.27  finance shall transfer $3,500,000 from 
  3.28  the auto theft prevention account in 
  3.29  the special revenue fund to the general 
  3.30  fund.  Minnesota Statutes, section 
  3.31  168A.40, subdivision 4, does not apply 
  3.32  to money transferred to the general 
  3.33  fund under this section.  This is a 
  3.34  one-time transfer. 
  3.35  Sec. 6.  MINNESOTA SAFETY 
  3.36  COUNCIL                            .,...,...,...         26,000 
  3.37  This appropriation is to fund grants 
  3.38  under Minnesota Statutes, section 
  3.39  169.2151. 
  3.40     Sec. 7.  Laws 1999, chapter 216, article 1, section 2, 
  3.41  subdivision 3, is amended to read: 
  3.42  Subd. 3.  Civil Legal Services
  3.43       6,484,000      6,484,000 6,250,000
  3.44  This appropriation is for legal 
  3.45  services to low-income clients and for 
  3.46  family farm legal assistance under 
  3.47  Minnesota Statutes, section 480.242.  
  3.48  Any unencumbered balance remaining in 
  3.49  the first year does not cancel but is 
  3.50  available for the second year of the 
  3.51  biennium.  A qualified legal services 
  3.52  program, as defined in Minnesota 
  3.53  Statutes, section 480.24, subdivision 
  3.54  3, may provide legal services to 
  3.55  persons eligible for family farm legal 
  3.56  assistance under Minnesota Statutes, 
  3.57  section 480.242.  
  3.58  Of this appropriation, $877,000 the 
  4.1   first year and $877,000 the second year 
  4.2   are to improve the access of low-income 
  4.3   clients to legal representation in 
  4.4   family law matters.  This appropriation 
  4.5   must be distributed under Minnesota 
  4.6   Statutes, section 480.242, to the 
  4.7   qualified legal services programs 
  4.8   described in Minnesota Statutes, 
  4.9   section 480.242, subdivision 2, 
  4.10  paragraph (a).  Any unencumbered 
  4.11  balance remaining in the first year 
  4.12  does not cancel and is available for 
  4.13  the second year of the biennium.  This 
  4.14  is a one-time reduction that applies to 
  4.15  fiscal year 2001 only. 
  4.16     Sec. 8.  Laws 1999, chapter 216, article 1, section 14, is 
  4.17  amended to read: 
  4.18  Sec. 14.  CORRECTIONS OMBUDSMAN          470,000 400,000 75,000
  4.19  If the reduction in the base level 
  4.20  funding causes a reduction in the 
  4.21  number of employees, then the 
  4.22  commissioner of corrections and 
  4.23  commissioner of public safety shall 
  4.24  make reasonable efforts to transfer the 
  4.25  affected employees to positions within 
  4.26  the department of corrections or 
  4.27  department of public safety.  
  4.28  $75,000 the second year is for 
  4.29  severance costs resulting from 
  4.30  elimination of the office of 
  4.31  corrections ombudsman. 
  4.32  To the extent practicable and to the 
  4.33  extent consistent with any collective 
  4.34  bargaining agreements that apply, the 
  4.35  commissioner of employee relations must 
  4.36  find other comparable state employment 
  4.37  for employees displaced by elimination 
  4.38  of the office of ombudsman for the 
  4.39  Minnesota state department of 
  4.40  corrections. 
  4.41     Sec. 9.  Laws 1999, chapter 216, article 1, section 9, is 
  4.42  amended to read: 
  4.43  Sec. 9.  CRIME VICTIM 
  4.44  OMBUDSMAN                                404,000 389,000 364,000 
  4.45  $20,000 the first year is for the crime 
  4.46  victims case management system. 
  4.47  Sec. 10.  SUNSET OF 
  4.48  UNCODIFIED LANGUAGE                                            
  4.49  All uncodified language contained in 
  4.50  this article expires on June 30, 2001, 
  4.51  unless a different expiration date is 
  4.52  explicit. 
  4.53                             ARTICLE 2
  4.54                               COURTS
  4.55     Section 1.  Minnesota Statutes 1998, section 169.89, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [PETTY MISDEMEANOR PENALTY; NO JURY TRIAL.] A 
  5.3   person charged with a petty misdemeanor is not entitled to a 
  5.4   jury trial but shall be tried by a judge without a jury.  If 
  5.5   convicted, the person is not subject to imprisonment but shall 
  5.6   be punished by a fine of not more than $200 $300. 
  5.7      Sec. 2.  Minnesota Statutes 1998, section 609.02, 
  5.8   subdivision 3, is amended to read: 
  5.9      Subd. 3.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
  5.10  which a sentence of not more than 90 days or a fine of not more 
  5.11  than $700 $800, or both, may be imposed. 
  5.12     Sec. 3.  Minnesota Statutes 1998, section 609.02, 
  5.13  subdivision 4a, is amended to read: 
  5.14     Subd. 4a.  [PETTY MISDEMEANOR.] "Petty misdemeanor" means a 
  5.15  petty offense which is prohibited by statute, which does not 
  5.16  constitute a crime and for which a sentence of a fine of not 
  5.17  more than $200 $300 may be imposed. 
  5.18     Sec. 4.  Minnesota Statutes 1998, section 609.03, is 
  5.19  amended to read: 
  5.20     609.03 [PUNISHMENT WHEN NOT OTHERWISE FIXED.] 
  5.21     If a person is convicted of a crime for which no punishment 
  5.22  is otherwise provided the person may be sentenced as follows: 
  5.23     (1) If the crime is a felony, to imprisonment for not more 
  5.24  than five years or to payment of a fine of not more than 
  5.25  $10,000, or both; or 
  5.26     (2) If the crime is a gross misdemeanor, to imprisonment 
  5.27  for not more than one year or to payment of a fine of not more 
  5.28  than $3,000, or both; or 
  5.29     (3) If the crime is a misdemeanor, to imprisonment for not 
  5.30  more than 90 days or to payment of a fine of not more than 
  5.31  $700 $800, or both; or 
  5.32     (4) If the crime is other than a misdemeanor and a fine is 
  5.33  imposed but the amount is not specified, to payment of a fine of 
  5.34  not more than $1,000, or to imprisonment for a specified term of 
  5.35  not more than six months if the fine is not paid. 
  5.36     Sec. 5.  Minnesota Statutes 1998, section 609.033, is 
  6.1   amended to read: 
  6.2      609.033 [INCREASED MAXIMUM PENALTIES FOR MISDEMEANORS.] 
  6.3      Any law of this state which provides for a maximum fine of 
  6.4   $500 $700 as a penalty for a violation misdemeanor shall, on or 
  6.5   after August 1, 1983 2000, be deemed to provide for a maximum 
  6.6   fine of $700 $800.  
  6.7      Sec. 6.  Minnesota Statutes 1998, section 609.0331, is 
  6.8   amended to read: 
  6.9      609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY 
  6.10  MISDEMEANORS.] 
  6.11     A law of this state that provides, on or after August 1, 
  6.12  1987 2000, for a maximum penalty of $100 $200 for a petty 
  6.13  misdemeanor is considered to provide for a maximum fine 
  6.14  of $200 $300.  
  6.15     Sec. 7.  Minnesota Statutes 1998, section 609.0332, 
  6.16  subdivision 1, is amended to read: 
  6.17     Subdivision 1.  [INCREASED FINE.] From August 1, 1987 2000, 
  6.18  if a state law or municipal charter sets a limit of $100 $200 or 
  6.19  less on the fines that a statutory or home rule charter city, 
  6.20  town, county, or other political subdivision may prescribe for 
  6.21  an ordinance violation that is defined as a petty misdemeanor, 
  6.22  that law or charter is considered to provide that the political 
  6.23  subdivision has the power to prescribe a maximum fine of $200 
  6.24  $300 for the petty misdemeanor violation. 
  6.25     Sec. 8.  Minnesota Statutes 1998, section 609.034, is 
  6.26  amended to read: 
  6.27     609.034 [INCREASED MAXIMUM PENALTY FOR ORDINANCE 
  6.28  VIOLATIONS.] 
  6.29     Any law of this state or municipal charter which limits the 
  6.30  power of any statutory or home rule charter city, town, county, 
  6.31  or other political subdivision to prescribe a maximum fine of 
  6.32  $500 $700 or less for an ordinance shall on or after August 1, 
  6.33  1983 2000, be deemed to provide that the statutory or home rule 
  6.34  charter city, town, county, or other political subdivision has 
  6.35  the power to prescribe a maximum fine of $700 $800. 
  6.36     Sec. 9.  Minnesota Statutes 1998, section 609.2231, 
  7.1   subdivision 1, is amended to read: 
  7.2      Subdivision 1.  [PEACE OFFICERS.] Whoever assaults a peace 
  7.3   officer licensed under section 626.845, subdivision 1, when that 
  7.4   officer is effecting a lawful arrest or executing any other duty 
  7.5   imposed by law and inflicts demonstrable bodily harm is guilty 
  7.6   of a felony gross misdemeanor and may be sentenced to 
  7.7   imprisonment for not more than one year or to payment of a fine 
  7.8   of not more than $3,000, or both.  If the assault inflicts 
  7.9   demonstrable bodily harm, the person is guilty of a felony and 
  7.10  may be sentenced to imprisonment for not more than two three 
  7.11  years or to payment of a fine of not more than $4,000 $6,000, or 
  7.12  both. 
  7.13     Sec. 10.  [STUDY OF COURT-IMPOSED FINES, FEES, AND 
  7.14  SURCHARGES.] 
  7.15     Subdivision 1.  [WORK GROUP; MEMBERSHIP.] The state court 
  7.16  administrator is requested to establish a work group to study 
  7.17  and make recommendations to improve the current system of fines, 
  7.18  fees, and surcharges imposed by the courts.  The work group 
  7.19  shall represent entities that impose, collect, or receive 
  7.20  proceeds from court fines, fees, and surcharges and shall 
  7.21  include at least one representative from the following: 
  7.22     (1) district courts; 
  7.23     (2) victims programs; 
  7.24     (3) city and county prosecuting authorities; 
  7.25     (4) district court administrators; 
  7.26     (5) drug abuse prevention programs; 
  7.27     (6) peace officers; 
  7.28     (7) department of natural resources; 
  7.29     (8) school districts; 
  7.30     (9) prostitution outreach programs; 
  7.31     (10) state troopers; 
  7.32     (11) emergency medical services; 
  7.33     (12) department of transportation; 
  7.34     (13) sentencing guidelines commission; 
  7.35     (14) legislature; 
  7.36     (15) public defenders; 
  8.1      (16) legal aid providers; and 
  8.2      (17) corrections. 
  8.3      The state court administrator may appoint other members as 
  8.4   necessary and shall ensure that the work group represents both 
  8.5   rural and metropolitan areas. 
  8.6      Subd. 2.  [DUTIES OF WORK GROUP.] The work group shall 
  8.7   study and make recommendations for improvement in the following 
  8.8   areas: 
  8.9      (1) the purpose and need for a separate systems of fines, 
  8.10  fees, and surcharges, considering specifically the current 
  8.11  purposes of generating revenue, punishing wrongdoing, and 
  8.12  funding special programs.  The work group shall give special 
  8.13  consideration to how the imposition of fines, fees, and 
  8.14  surcharges for these purposes impacts victim restitution and 
  8.15  reparations; 
  8.16     (2) methods to track the imposition, and nonimposition, and 
  8.17  collection of fines and fees including (a) a centralized 
  8.18  tracking system, (b) modifying the sentencing guidelines 
  8.19  worksheet to include all crimes and fines, and (c) sources for 
  8.20  collection services including the use of existing services such 
  8.21  as county child support collections and Minnesota collection 
  8.22  enterprises; 
  8.23     (3) the impact of fragmented revenue distribution on 
  8.24  tracking, imposition, and collection, including the effect a 
  8.25  simplified or flat fee may have on revenue and tracking and any 
  8.26  policy implications of simplifying the system; 
  8.27     (4) the impact of the state takeover of court costs and any 
  8.28  opportunity to simplify the system of fines, fees, and 
  8.29  surcharges or provide for a centralized revenue collection 
  8.30  system; 
  8.31     (5) the rationale for continuing to charge a fee for 
  8.32  presentence domestic abuse investigations under Minnesota 
  8.33  Statutes, section 609.2244, when fees for presentence 
  8.34  investigations are not imposed for other crimes; and 
  8.35     (6) other issues the work group considers necessary. 
  8.36     Subd. 3.  [REPORT REQUIRED.] By January 15, 2001, the state 
  9.1   court administrator is requested to submit an interim progress 
  9.2   report to the chairs and ranking minority members of the house 
  9.3   of representatives and senate committees and divisions with 
  9.4   jurisdiction over judiciary finance, civil law policy, and 
  9.5   criminal law policy and a final report by December 1, 2001.  The 
  9.6   final report shall be based on the study of the work group and 
  9.7   shall contain detailed findings and recommendations, including 
  9.8   proposed legislative changes for improving the current system of 
  9.9   fines, fees, and surcharges. 
  9.10     Sec. 11.  [REPORT ON RESTITUTION SENTENCING.] 
  9.11     The legislature is interested in assessing the 
  9.12  effectiveness of using stayed sentences containing increased 
  9.13  penalties as an incentive and means to enforce the payment of 
  9.14  full restitution by property crime offenders.  This alternative 
  9.15  sentencing process would encourage use of a character 
  9.16  development program as part of the stayed sentence and would 
  9.17  permit the court to revoke or adjust the stayed sentence where 
  9.18  necessary. 
  9.19     To enable the legislature to assess the effectiveness of 
  9.20  such an alternative sentencing process, the conference of chief 
  9.21  judges is requested to gather and report information on the 
  9.22  experience of district judges who use these procedures and 
  9.23  report the information to the house and senate committees having 
  9.24  jurisdiction over criminal justice policy and funding.  
  9.25  Information on restitution enforcement, victim restoration, 
  9.26  offender rehabilitation, and possible prison bed impacts is 
  9.27  requested as useful information becomes available and a final 
  9.28  report is requested by January 1, 2002. 
  9.29     Sec. 12.  [EFFECTIVE DATE.] 
  9.30     Sections 1 to 9 are effective August 1, 2000, and apply to 
  9.31  offenses committed on or after that date.  Sections 10 and 11 
  9.32  are effective July 1, 2000. 
  9.33                             ARTICLE 3 
  9.34                           PUBLIC SAFETY 
  9.35     Section 1.  Minnesota Statutes 1998, section 169.01, 
  9.36  subdivision 37, is amended to read: 
 10.1      Subd. 37.  [CROSSWALK.] "Crosswalk" means (1) that portion 
 10.2   of a roadway ordinarily included with the prolongation or 
 10.3   connection of the lateral lines of sidewalks at intersections, 
 10.4   or in the case of an intersection with no sidewalk and no marked 
 10.5   crosswalk, the width of the roadway from the intersection area 
 10.6   to a line ten feet therefrom; or (2) any portion of a roadway 
 10.7   distinctly indicated for pedestrian crossing by lines or other 
 10.8   markings on the surface. 
 10.9      Sec. 2.  Minnesota Statutes 1998, section 169.21, 
 10.10  subdivision 2, is amended to read: 
 10.11     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
 10.12  traffic-control signals are not in place or in operation, the 
 10.13  driver of a vehicle shall stop to yield the right-of-way to a 
 10.14  pedestrian crossing the roadway within a marked crosswalk or 
 10.15  within any crosswalk at an intersection but.  The driver must 
 10.16  remain stopped until the pedestrian has passed the lane in which 
 10.17  the vehicle is stopped.  No pedestrian shall suddenly leave a 
 10.18  curb or other place of safety and walk or run into the path of a 
 10.19  vehicle which is so close that it is impossible for the driver 
 10.20  to yield.  This provision shall not apply under the conditions 
 10.21  as otherwise provided in this subdivision. 
 10.22     (b) When any vehicle is stopped at a marked crosswalk or at 
 10.23  any unmarked crosswalk at an intersection to permit a pedestrian 
 10.24  to cross the roadway, the driver of any other vehicle 
 10.25  approaching from the rear shall not overtake and pass the 
 10.26  stopped vehicle. 
 10.27     (c) It is unlawful for any person to drive a motor vehicle 
 10.28  through a column of school children crossing a street or highway 
 10.29  or past a member of a school safety patrol or adult crossing 
 10.30  guard, while the member of the school safety patrol or adult 
 10.31  crossing guard is directing the movement of children across a 
 10.32  street or highway and while the school safety patrol member or 
 10.33  adult crossing guard is holding an official signal in the stop 
 10.34  position.  A peace officer may arrest the driver of a motor 
 10.35  vehicle if the peace officer has probable cause to believe that 
 10.36  the driver has operated the vehicle in violation of this 
 11.1   paragraph within the past four hours.  
 11.2      (d) A person who violates this subdivision is guilty of a 
 11.3   misdemeanor and may be sentenced to imprisonment for not more 
 11.4   than 90 days or to payment of a fine of not more than $700, or 
 11.5   both.  A person who violates this subdivision a second or 
 11.6   subsequent time within one year of a previous conviction under 
 11.7   this subdivision is guilty of a gross misdemeanor and may be 
 11.8   sentenced to imprisonment for not more than one year or to 
 11.9   payment of a fine of not more than $3,000, or both. 
 11.10     Sec. 3.  Minnesota Statutes 1998, section 169.21, 
 11.11  subdivision 3, is amended to read: 
 11.12     Subd. 3.  [CROSSING BETWEEN INTERSECTIONS.] Every 
 11.13  pedestrian crossing a roadway at any point other than within a 
 11.14  marked crosswalk or within an unmarked crosswalk at an 
 11.15  intersection shall yield the right-of-way to all vehicles upon 
 11.16  the roadway. 
 11.17     Any pedestrian crossing a roadway at a point where a 
 11.18  pedestrian tunnel or overhead pedestrian crossing has been 
 11.19  provided shall yield the right-of-way to all vehicles upon the 
 11.20  roadway. 
 11.21     Between adjacent intersections at which traffic-control 
 11.22  signals are in operation pedestrians shall not cross at any 
 11.23  place except in a marked crosswalk. 
 11.24     Notwithstanding the other provisions of this section every 
 11.25  driver of a vehicle shall:  (a) exercise due care to avoid 
 11.26  colliding with any bicycle or pedestrian upon any roadway and 
 11.27  (b) give an audible signal when necessary and exercise proper 
 11.28  precaution upon observing any child or any obviously confused or 
 11.29  incapacitated person upon a roadway. 
 11.30     Sec. 4.  [169.2151] [PEDESTRIAN SAFETY CROSSINGS.] 
 11.31     A local road authority may by ordinance provide for the 
 11.32  designation of pedestrian safety crossings on highways under the 
 11.33  road authority's jurisdiction where pedestrian safety 
 11.34  considerations require extra time for pedestrian crossing in 
 11.35  addition to the time recommended under the Minnesota manual of 
 11.36  uniform traffic control devices for pedestrian signals.  The 
 12.1   ordinance may provide for timing of pedestrian signals for such 
 12.2   crossings, consistent with the recommendations of the uniform 
 12.3   manual for pedestrian signal timing at senior citizen and 
 12.4   handicapped pedestrian crossings.  Cities other than cities of 
 12.5   the first class may designate a crossing as a pedestrian safety 
 12.6   crossing only with the approval of the road authority having 
 12.7   jurisdiction over the crossing.  The authority of local road 
 12.8   authorities to determine pedestrian signal timing under this 
 12.9   section is in addition to any other control exercised by local 
 12.10  road authorities over the timing of pedestrian signals. 
 12.11     Sec. 5.  [CROSSWALK SAFETY AWARENESS GRANTS.] 
 12.12     With the appropriation under section 6 the Minnesota safety 
 12.13  council shall continue its crosswalk safety awareness program by:
 12.14     (1) developing and distributing crosswalk safety education 
 12.15  campaign materials; 
 12.16     (2) creating and placing advertisements in mass media 
 12.17  throughout the state; and 
 12.18     (3) making grants to local units of government and law 
 12.19  enforcement agencies for: 
 12.20     (i) implementing pedestrian safety awareness activities; 
 12.21     (ii) providing increased signage and crosswalk markings and 
 12.22  evaluating their effect on highway safety; and 
 12.23     (iii) enhancing enforcement of pedestrian safety laws. 
 12.24     Sec. 6.  [JOINT DOMESTIC ABUSE PROSECUTION UNIT.] 
 12.25     Subdivision 1.  [ESTABLISHMENT.] A pilot project is 
 12.26  established to develop a joint domestic abuse prosecution unit 
 12.27  administered by the Ramsey county attorney's office and the St. 
 12.28  Paul city attorney's office.  The unit would have authority to 
 12.29  prosecute misdemeanors, gross misdemeanors, and felonies.  The 
 12.30  unit would also coordinate efforts with child protection 
 12.31  attorneys.  The unit would include four cross-deputized 
 12.32  assistant city attorneys and assistant county attorneys.  A 
 12.33  victim/witness advocate, a law clerk, and a legal secretary 
 12.34  would provide support. 
 12.35     Subd. 2.  [GOALS.] The goals of this pilot project are to: 
 12.36     (1) recognize children as both victims and witnesses in 
 13.1   domestic abuse situations; 
 13.2      (2) recognize and respect the interests of children in the 
 13.3   prosecution of domestic abuse; and 
 13.4      (3) reduce the exposure to domestic violence for both adult 
 13.5   and child victims. 
 13.6      Subd. 3.  [REPORT.] The Ramsey county attorney's office and 
 13.7   the St. Paul city attorney's office must report to the 
 13.8   legislature on the pilot project.  The report may include the 
 13.9   number and types of cases referred, the number of cases charged, 
 13.10  the outcome of cases, and other relevant outcome measures.  A 
 13.11  progress report is due January 15, 2001, and a final report is 
 13.12  due January 15, 2002. 
 13.13     Subd. 4.  [SHARING OF PILOT PROJECT RESULTS.] The Ramsey 
 13.14  county attorney's office and the St. Paul city attorney's office 
 13.15  must share the results of the pilot project with the state and 
 13.16  other counties and cities. 
 13.17     Sec. 7.  [EFFECTIVE DATE.] 
 13.18     Sections 1 to 4 are effective September 1, 2000.  Section 5 
 13.19  is effective July 1, 2000. 
 13.20                             ARTICLE 4
 13.21                            CORRECTIONS
 13.22     Section 1.  Minnesota Statutes 1999 Supplement, section 
 13.23  241.272, subdivision 6, is amended to read: 
 13.24     Subd. 6.  [USE OF FEES.] Excluding correctional fees 
 13.25  collected from offenders supervised by department agents under 
 13.26  the authority of section 244.19, subdivision 1, paragraph (a), 
 13.27  clause (3), all correctional fees collected under this section 
 13.28  go to the general fund.  Fees collected by agents under the 
 13.29  authority of section 244.19, subdivision 1, paragraph (a), 
 13.30  clause (3), shall go to the county treasurer in the county where 
 13.31  supervision is provided.  These fees shall be used according to 
 13.32  section 244.18, subdivision 6. 
 13.33     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 13.34  242.192, is amended to read: 
 13.35     242.192 [CHARGES TO COUNTIES.] 
 13.36     (a) The commissioner shall charge counties or other 
 14.1   appropriate jurisdictions for one-half the actual per diem cost 
 14.2   of confinement, excluding educational costs and nonbillable 
 14.3   service, of juveniles at the Minnesota correctional facility-Red 
 14.4   Wing and of juvenile females committed to the commissioner of 
 14.5   corrections.  This charge applies to juveniles committed to the 
 14.6   commissioner of corrections and juveniles admitted to the 
 14.7   Minnesota correctional facility-Red Wing under established 
 14.8   admissions criteria.  This charge applies to both counties that 
 14.9   participate in the Community Corrections Act and those that do 
 14.10  not.  The commissioner shall annually determine costs, making 
 14.11  necessary adjustments to reflect the actual costs of confinement 
 14.12  the per diem cost of confinement based on projected population, 
 14.13  pricing incentives, market conditions, and the requirement that 
 14.14  expense and revenue balance out over a period of two years.  All 
 14.15  money received under this section must be deposited in the state 
 14.16  treasury and credited to the general fund. 
 14.17     (b) The department of corrections shall be responsible for 
 14.18  the other half of the per diem cost of confinement described in 
 14.19  this section. 
 14.20     Sec. 3.  [242.193] [JUVENILE RESIDENTIAL TREATMENT GRANTS.] 
 14.21     Subdivision 1.  [GRANTS.] Within the limits of available 
 14.22  appropriations, the commissioner of corrections shall make 
 14.23  juvenile residential treatment grants to counties to defray the 
 14.24  cost of juvenile residential treatment.  The commissioner shall 
 14.25  distribute 80 percent of the money appropriated for these 
 14.26  purposes to noncommunity corrections counties and 20 percent to 
 14.27  community corrections act counties.  The commissioner shall 
 14.28  distribute the money according to the formula contained in 
 14.29  section 401.10. 
 14.30     Subd. 2.  [REPORT.] By January 15 of each year, each county 
 14.31  that received a grant shall submit a report to the commissioner 
 14.32  describing the purposes for which the grants were used.  By 
 14.33  March 15 of each year, the commissioner shall summarize this 
 14.34  information and report it to the chairs and ranking minority 
 14.35  members of the senate and house of representatives committees 
 14.36  and divisions having jurisdiction over criminal justice funding. 
 15.1      Sec. 4.  Minnesota Statutes 1998, section 242.41, is 
 15.2   amended to read: 
 15.3      242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 
 15.4      There is established the Minnesota correctional 
 15.5   facility-Red Wing at Red Wing, Minnesota, in which may be placed 
 15.6   persons committed to the commissioner of corrections by the 
 15.7   courts of this state who, in the opinion of the commissioner, 
 15.8   may benefit from the programs available thereat or admitted 
 15.9   consistent with established admissions criteria.  When reviewing 
 15.10  placement requests from counties, the commissioner shall take 
 15.11  into consideration the purpose of the Minnesota correctional 
 15.12  facility-Red Wing which is to educate and provide treatment for 
 15.13  serious and chronic juvenile offenders for which the county has 
 15.14  exhausted local resources.  The general control and management 
 15.15  of the facility shall be under the commissioner of corrections.  
 15.16     Sec. 5.  Minnesota Statutes 1998, section 242.43, is 
 15.17  amended to read: 
 15.18     242.43 [COMMISSIONER, DUTIES.] 
 15.19     The commissioner of corrections shall receive, clothe, 
 15.20  maintain, and instruct, at the expense of the state, all 
 15.21  children duly committed to the corrections department and placed 
 15.22  in a state correctional facility for juveniles and keep them in 
 15.23  custody until placed on probation, paroled, or discharged.  The 
 15.24  commissioner may place any of these children in suitable foster 
 15.25  care facilities or cause them to be instructed in such trades or 
 15.26  employment as in the commissioner's judgment will be most 
 15.27  conducive to their reformation and tend to the future benefit 
 15.28  and advantage of these children.  The commissioner may discharge 
 15.29  any child so committed, or may recall to the facility at any 
 15.30  time any child paroled, placed on probation, or transferred; 
 15.31  and, upon recall, may resume the care and control thereof.  The 
 15.32  discharge of a child by the commissioner shall be a complete 
 15.33  release from all penalties and disabilities created by reason of 
 15.34  the commitment. 
 15.35     Upon the parole or discharge of any inmate of any state 
 15.36  juvenile correctional facility, the commissioner of corrections 
 16.1   may pay to each inmate released an amount of money not exceeding 
 16.2   the sum of $10.  All payments shall be made from the current 
 16.3   expense fund of the facility.  
 16.4      Sec. 6.  Minnesota Statutes 1998, section 242.44, is 
 16.5   amended to read: 
 16.6      242.44 [PUPILS.] 
 16.7      The commissioner of corrections, so far as the 
 16.8   accommodations of the correctional facilities and other means at 
 16.9   the commissioner's disposal will permit, shall may receive and 
 16.10  keep until they reach 19 years of age, or until placed in homes, 
 16.11  or discharged, all persons committed to the commissioner's care 
 16.12  and custody by a juvenile court juvenile delinquents and 
 16.13  juvenile offenders serving a juvenile disposition under section 
 16.14  260B.130, subdivision 4.  The commissioner's housing of these 
 16.15  individuals must be consistent with federal and state law, 
 16.16  including established admissions criteria for Minnesota 
 16.17  correctional facility-Red Wing.  The commissioner may place 
 16.18  these youths at employment, may provide education suitable to 
 16.19  their years and capacity, and may place them in suitable homes.  
 16.20  Under rules prescribed by the commissioner, when deemed best for 
 16.21  these youths, they persons committed to the commissioner's care 
 16.22  and custody by a juvenile court may be paroled or discharged 
 16.23  from the facility by the commissioner.  All pupils in the 
 16.24  facility shall be clothed, instructed, and maintained at the 
 16.25  expense of the state by the commissioner of corrections. 
 16.26     Sec. 7.  [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT 
 16.27  MCF-RED WING.] 
 16.28     Subdivision 1.  [WHEN COURT MUST CONSIDER; PROHIBITION ON 
 16.29  PLACEMENT AT OUT-OF-STATE FACILITY.] Before a court orders a 
 16.30  disposition under section 260B.198 or 260B.130, subdivision 4, 
 16.31  for a child, the court shall determine whether the child meets 
 16.32  the established admissions criteria for the Minnesota 
 16.33  correctional facility-Red Wing.  If the child meets the 
 16.34  admissions criteria, the court shall place the child at the 
 16.35  facility and may not place the child in an out-of-state 
 16.36  facility, unless the court makes a finding on the record that 
 17.1   the safety needs of the child and/or the safety needs of the 
 17.2   community can be best met by a placement in an out-of-state 
 17.3   facility.  
 17.4      Subd. 2.  [REPORT REQUIRED.] (a) A court that places a 
 17.5   child in an out-of-state facility shall report the following 
 17.6   information to the sentencing guidelines commission: 
 17.7      (1) the out-of-state facility the child was placed at and 
 17.8   the reasons for this placement; 
 17.9      (2) the in-state facilities at which placement was 
 17.10  considered; 
 17.11     (3) the reasons for not choosing an in-state facility; 
 17.12     (4) the reasons why the child did not meet the established 
 17.13  admissions criteria for the Minnesota correctional facility-Red 
 17.14  Wing, if applicable; and 
 17.15     (5) if the child met the admissions criteria, the reasons 
 17.16  why the safety of the child or the safety needs of the community 
 17.17  could not be met at the Minnesota correctional facility-Red Wing.
 17.18     (b) By February 15 of each year, the commissioner shall 
 17.19  forward a summary of the reports received from courts under this 
 17.20  subdivision for the preceding year to the chairs and ranking 
 17.21  minority members of the senate and house of representatives 
 17.22  committees and divisions having jurisdiction over criminal 
 17.23  justice policy and funding. 
 17.24     Sec. 8.  [260B.1991] [MANDATORY COMMITMENT TO COMMISSIONER 
 17.25  OF CORRECTIONS.] 
 17.26     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 17.27  the following terms have the meanings given them. 
 17.28     (b) "Chemical dependency treatment" means a comprehensive 
 17.29  set of planned and organized services, therapeutic experiences, 
 17.30  and interventions that are intended to improve the prognosis, 
 17.31  function, or outcome of residents by reducing the risk of the 
 17.32  use of alcohol, drugs, or other mind-altering substances and 
 17.33  assist the resident to adjust to, and deal more effectively 
 17.34  with, life situations. 
 17.35     (c) An offender has "failed or refused to successfully 
 17.36  complete" treatment when based on factors within the offender's 
 18.1   control, the offender is not able to substantially achieve the 
 18.2   program's goals and the program's director determines that based 
 18.3   on the offender's prior placement or treatment history, further 
 18.4   participation in the program would not result in its successful 
 18.5   completion. 
 18.6      (d) "Probation" has the meaning given in section 609.02, 
 18.7   subdivision 15. 
 18.8      (e) "Sex offender treatment" means a comprehensive set of 
 18.9   planned and organized services, therapeutic experiences, and 
 18.10  interventions that are intended to improve the prognosis, 
 18.11  function, or outcome of residents by reducing the risk of sexual 
 18.12  reoffense and other aggressive behavior and assist the resident 
 18.13  to adjust to, and deal more effectively with, life situations. 
 18.14     Subd. 2.  [WHEN COMMITMENT REQUIRED.] (a) A court having 
 18.15  jurisdiction over a child shall commit the child to the custody 
 18.16  of the commissioner of corrections or place the child at the 
 18.17  Minnesota correctional facility-Red Wing if the child: 
 18.18     (1) was previously adjudicated delinquent or convicted as 
 18.19  an extended jurisdiction juvenile for an offense for which 
 18.20  registration under section 243.166 was required; 
 18.21     (2) was placed on probation for the offense and ordered to 
 18.22  complete a sex offender or chemical dependency treatment 
 18.23  program; and 
 18.24     (3) subsequently failed or refused to successfully complete 
 18.25  the program. 
 18.26     (b) If the child was initially convicted as an extended 
 18.27  jurisdiction juvenile, the court may execute the child's adult 
 18.28  sentence under section 260B.130, subdivision 4.  Notwithstanding 
 18.29  paragraph (c), if the court does not do this, it shall comply 
 18.30  with paragraph (a). 
 18.31     (c) If the court makes a finding on the record that the 
 18.32  needs of the child cannot be met at the Minnesota correctional 
 18.33  facility-Red Wing, the court may order an appropriate 
 18.34  alternative placement. 
 18.35     (d) Notwithstanding paragraphs (a) and (c), the court may 
 18.36  place a child in an out-of-state facility if the facility is 
 19.1   located closer to the child's home than the Minnesota 
 19.2   correctional facility-Red Wing. 
 19.3      Subd. 3.  [REPORT REQUIRED.] A court ordering an 
 19.4   alternative placement under subdivision 2, paragraph (c), shall 
 19.5   report to the sentencing guidelines commission on the placement 
 19.6   ordered and the reasons for not committing the child to the 
 19.7   custody of the commissioner of corrections.  If the alternative 
 19.8   placement is to an out-of-state facility, the report must 
 19.9   include specific information on the distance to the out-of-state 
 19.10  facility from the offender's home compared to that of the 
 19.11  Minnesota correctional facility-Red Wing.  By February 15 of 
 19.12  each year, the commission shall summarize the reports received 
 19.13  from courts under this paragraph for the preceding year and 
 19.14  forward this summary to the chairs and ranking minority members 
 19.15  of the senate and house of representatives committees and 
 19.16  divisions having jurisdiction over criminal justice policy and 
 19.17  funding. 
 19.18     Sec. 9.  [LEGISLATIVE INTENT.] 
 19.19     It is the intent of the legislature that this act encourage 
 19.20  courts to place juvenile offenders at the Minnesota correctional 
 19.21  facility-Red Wing who would otherwise be placed in out-of-state 
 19.22  facilities.  Except as provided in section 8, it is not the 
 19.23  legislature's intent to discourage the placement of juvenile 
 19.24  offenders at nonstate-operated facilities within Minnesota. 
 19.25     Sec. 10.  [STUDY; REPORT.] 
 19.26     (a) The commissioner of corrections shall study the state's 
 19.27  juvenile correctional system as it relates to serious and 
 19.28  chronic offenders.  The study must analyze and make proposals 
 19.29  regarding: 
 19.30     (1) the role of the state and counties in providing 
 19.31  services; 
 19.32     (2) the funding of these services; 
 19.33     (3) the extent to which research-based best practices exist 
 19.34  and are accessible to counties; 
 19.35     (4) the method and process used to administer the juvenile 
 19.36  commitment and parole systems; 
 20.1      (5) the degree to which existing practice reflects the 
 20.2   legislature's intent in enacting juvenile justice laws; and 
 20.3      (6) other related issues deemed relevant by the 
 20.4   commissioner. 
 20.5      (b) By January 15, 2001, the commissioner shall report the 
 20.6   study's findings and proposals to the chairs and ranking 
 20.7   minority members of the senate and house of representatives 
 20.8   committees and divisions having jurisdiction over criminal 
 20.9   justice policy funding. 
 20.10     Sec. 11.  [OFFICE ABOLISHED.] 
 20.11     The office of ombudsman for the Minnesota state department 
 20.12  of corrections is hereby abolished. 
 20.13     Sec. 12.  [REPEALER.] 
 20.14     Minnesota Statutes 1998, sections 241.41; 241.42; 241.43; 
 20.15  241.44; 241.441; and 241.45, are repealed. 
 20.16     Sec. 13.  [EFFECTIVE DATE.] 
 20.17     Section 1 is effective July 1, 2001. 
 20.18                             ARTICLE 5
 20.19                 BATTERED WOMEN AND DOMESTIC ABUSE
 20.20     Section 1.  Minnesota Statutes 1998, section 13.82, 
 20.21  subdivision 3b, is amended to read: 
 20.22     Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
 20.23  required by section 629.341, subdivision 4, of an alleged 
 20.24  incident described in section 629.341, subdivision 1, and arrest 
 20.25  data, request for service data, and response or incident data 
 20.26  described in subdivision 2, 3, or 4 that arise out of this type 
 20.27  of incident or out of an alleged violation of an order for 
 20.28  protection must be released upon request at no cost to an 
 20.29  organization designated by the Minnesota center for crime 
 20.30  victims services, the department of corrections, or the 
 20.31  department of public safety as providing services to victims of 
 20.32  domestic abuse.  The executive director or the commissioner of 
 20.33  the appropriate state agency shall develop written criteria for 
 20.34  this designation in consultation with the battered women's 
 20.35  advisory council on battered women and domestic abuse. 
 20.36     Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
 21.1   subdivision 108, is amended to read: 
 21.2      Subd. 108.  [BATTERED WOMEN VICTIMS OF DOMESTIC ABUSE.] 
 21.3   Data on battered women and victims of domestic abuse maintained 
 21.4   by grantees and recipients of per diem payments for emergency 
 21.5   shelter for battered women and support services for battered 
 21.6   women victims of domestic abuse are governed by section sections 
 21.7   611A.32, subdivision 5, and 611A.371, subdivision 3. 
 21.8      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
 21.9   15.059, subdivision 5a, is amended to read: 
 21.10     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
 21.11  5, the advisory councils and committees listed in this 
 21.12  subdivision do not expire June 30, 1997.  These groups expire 
 21.13  June 30, 2001, unless the law creating the group or this 
 21.14  subdivision specifies an earlier expiration date. 
 21.15     Investment advisory council, created in section 11A.08; 
 21.16     Intergovernmental information systems advisory council, 
 21.17  created in section 16B.42, expires June 30, 1999; 
 21.18     Feedlot and manure management advisory committee, created 
 21.19  in section 17.136; 
 21.20     Aquaculture advisory committee, created in section 17.49; 
 21.21     Dairy producers board, created in section 17.76; 
 21.22     Pesticide applicator education and examination review 
 21.23  board, created in section 18B.305; 
 21.24     Advisory seed potato certification task force, created in 
 21.25  section 21.112; 
 21.26     Food safety advisory committee, created in section 28A.20; 
 21.27     Minnesota organic advisory task force, created in section 
 21.28  31.95; 
 21.29     Public programs risk adjustment work group, created in 
 21.30  section 62Q.03; 
 21.31     Workers' compensation self-insurers' advisory committee, 
 21.32  created in section 79A.02; 
 21.33     Youth corps advisory committee, created in section 84.0887; 
 21.34     Iron range off-highway vehicle advisory committee, created 
 21.35  in section 85.013; 
 21.36     Mineral coordinating committee, created in section 93.002; 
 22.1      Game and fish fund citizen advisory committees, created in 
 22.2   section 97A.055; 
 22.3      Wetland heritage advisory committee, created in section 
 22.4   103G.2242; 
 22.5      Wastewater treatment technical advisory committee, created 
 22.6   in section 115.54; 
 22.7      Solid waste management advisory council, created in section 
 22.8   115A.12; 
 22.9      Nuclear waste council, created in section 116C.711; 
 22.10     Genetically engineered organism advisory committee, created 
 22.11  in section 116C.93; 
 22.12     Environment and natural resources trust fund advisory 
 22.13  committee, created in section 116P.06; 
 22.14     Child abuse prevention advisory council, created in section 
 22.15  119A.13; 
 22.16     Chemical abuse and violence prevention council, created in 
 22.17  section 119A.293; 
 22.18     Youth neighborhood centers advisory board, created in 
 22.19  section 119A.295; 
 22.20     Interagency coordinating council, created in section 
 22.21  125A.28, expires June 30, 1999; 
 22.22     Desegregation/integration advisory board, created in 
 22.23  section 124D.892; 
 22.24     Nonpublic education council, created in section 123B.445; 
 22.25     Permanent school fund advisory committee, created in 
 22.26  section 127A.30; 
 22.27     Indian scholarship committee, created in section 124D.84, 
 22.28  subdivision 2; 
 22.29     American Indian education committees, created in section 
 22.30  124D.80; 
 22.31     Summer scholarship advisory committee, created in section 
 22.32  124D.95; 
 22.33     Multicultural education advisory committee, created in 
 22.34  section 124D.894; 
 22.35     Male responsibility and fathering grants review committee, 
 22.36  created in section 124D.33; 
 23.1      Library for the blind and physically handicapped advisory 
 23.2   committee, created in section 134.31; 
 23.3      Higher education advisory council, created in section 
 23.4   136A.031; 
 23.5      Student advisory council, created in section 136A.031; 
 23.6      Cancer surveillance advisory committee, created in section 
 23.7   144.672; 
 23.8      Maternal and child health task force, created in section 
 23.9   145.881; 
 23.10     State community health advisory committee, created in 
 23.11  section 145A.10; 
 23.12     Mississippi River Parkway commission, created in section 
 23.13  161.1419; 
 23.14     School bus safety advisory committee, created in section 
 23.15  169.435; 
 23.16     Advisory council on workers' compensation, created in 
 23.17  section 175.007; 
 23.18     Code enforcement advisory council, created in section 
 23.19  175.008; 
 23.20     Medical services review board, created in section 176.103; 
 23.21     Apprenticeship advisory council, created in section 178.02; 
 23.22     OSHA advisory council, created in section 182.656; 
 23.23     Health professionals services program advisory committee, 
 23.24  created in section 214.32; 
 23.25     Rehabilitation advisory council for the blind, created in 
 23.26  section 248.10; 
 23.27     American Indian advisory council, created in section 
 23.28  254A.035; 
 23.29     Alcohol and other drug abuse advisory council, created in 
 23.30  section 254A.04; 
 23.31     Medical assistance drug formulary committee, created in 
 23.32  section 256B.0625; 
 23.33     Home care advisory committee, created in section 256B.071; 
 23.34     Preadmission screening, alternative care, and home and 
 23.35  community-based services advisory committee, created in section 
 23.36  256B.0911; 
 24.1      Traumatic brain injury advisory committee, created in 
 24.2   section 256B.093; 
 24.3      Minnesota commission serving deaf and hard-of-hearing 
 24.4   people, created in section 256C.28; 
 24.5      American Indian child welfare advisory council, created in 
 24.6   section 260.835; 
 24.7      Juvenile justice advisory committee, created in section 
 24.8   268.29; 
 24.9      Northeast Minnesota economic development fund technical 
 24.10  advisory committees, created in section 298.2213; 
 24.11     Iron range higher education committee, created in section 
 24.12  298.2214; 
 24.13     Northeast Minnesota economic protection trust fund 
 24.14  technical advisory committee, created in section 298.297; 
 24.15     Battered women's Advisory council on battered women and 
 24.16  domestic abuse, created in section 611A.34. 
 24.17     Sec. 4.  Minnesota Statutes 1998, section 15.0591, 
 24.18  subdivision 2, is amended to read: 
 24.19     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
 24.20  qualifications in subdivision 1 must be appointed to the 
 24.21  following boards, commissions, advisory councils, task forces, 
 24.22  or committees:  
 24.23     (1) advisory council on battered women and domestic abuse; 
 24.24     (2) advisory task force on the use of state facilities; 
 24.25     (3) alcohol and other drug abuse advisory council; 
 24.26     (4) board of examiners for nursing home administrators; 
 24.27     (5) board on aging; 
 24.28     (6) chiropractic examiners board; 
 24.29     (7) consumer advisory council on vocational rehabilitation; 
 24.30     (8) council on disability; 
 24.31     (9) council on affairs of Chicano/Latino people; 
 24.32     (10) council on Black Minnesotans; 
 24.33     (11) dentistry board; 
 24.34     (12) department of economic security advisory council; 
 24.35     (13) higher education services office; 
 24.36     (14) housing finance agency; 
 25.1      (15) Indian advisory council on chemical dependency; 
 25.2      (16) medical practice board; 
 25.3      (17) medical policy directional task force on mental 
 25.4   health; 
 25.5      (18) Minnesota employment and economic development task 
 25.6   force; 
 25.7      (19) Minnesota office of citizenship and volunteer services 
 25.8   advisory committee; 
 25.9      (20) Minnesota state arts board; 
 25.10     (21) nursing board; 
 25.11     (22) optometry board; 
 25.12     (23) pharmacy board; 
 25.13     (24) physical therapists council; 
 25.14     (25) podiatry board; 
 25.15     (26) psychology board; 
 25.16     (27) veterans advisory committee. 
 25.17     Sec. 5.  Minnesota Statutes 1998, section 119A.37, 
 25.18  subdivision 4, is amended to read: 
 25.19     Subd. 4.  [ADDITIONAL SERVICES.] Each family visitation 
 25.20  center may provide parenting and child development classes, and 
 25.21  offer support groups to participating custodial parents and hold 
 25.22  regular classes designed to assist children who have experienced 
 25.23  domestic violence and abuse.  Each family visitation center must 
 25.24  have available an individual knowledgeable about or experienced 
 25.25  in the provision of services to battered women domestic abuse 
 25.26  victims on its staff, its board of directors, or otherwise 
 25.27  available to it for consultation. 
 25.28     Sec. 6.  Minnesota Statutes 1998, section 120B.22, 
 25.29  subdivision 1, is amended to read: 
 25.30     Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
 25.31  commissioner of children, families, and learning, in 
 25.32  consultation with the commissioners of health and human 
 25.33  services, state minority councils, battered women's domestic 
 25.34  abuse programs, battered women's shelters, sexual assault 
 25.35  centers, representatives of religious communities, and the 
 25.36  assistant commissioner of the office of drug policy and violence 
 26.1   prevention, shall assist districts on request in developing or 
 26.2   implementing a violence prevention program for students in 
 26.3   kindergarten to grade 12 that can be integrated into existing 
 26.4   curriculum.  The purpose of the program is to help students 
 26.5   learn how to resolve conflicts within their families and 
 26.6   communities in nonviolent, effective ways.  
 26.7      (b) Each district is encouraged to integrate into its 
 26.8   existing curriculum a program for violence prevention that 
 26.9   includes at least: 
 26.10     (1) a comprehensive, accurate, and age appropriate 
 26.11  curriculum on violence prevention, nonviolent conflict 
 26.12  resolution, sexual, racial, and cultural harassment, and student 
 26.13  hazing that promotes equality, respect, understanding, effective 
 26.14  communication, individual responsibility, thoughtful decision 
 26.15  making, positive conflict resolution, useful coping skills, 
 26.16  critical thinking, listening and watching skills, and personal 
 26.17  safety; 
 26.18     (2) planning materials, guidelines, and other accurate 
 26.19  information on preventing physical and emotional violence, 
 26.20  identifying and reducing the incidence of sexual, racial, and 
 26.21  cultural harassment, and reducing child abuse and neglect; 
 26.22     (3) a special parent education component of early childhood 
 26.23  family education programs to prevent child abuse and neglect and 
 26.24  to promote positive parenting skills, giving priority to 
 26.25  services and outreach programs for at-risk families; 
 26.26     (4) involvement of parents and other community members, 
 26.27  including the clergy, business representatives, civic leaders, 
 26.28  local elected officials, law enforcement officials, and the 
 26.29  county attorney; 
 26.30     (5) collaboration with local community services, agencies, 
 26.31  and organizations that assist in violence intervention or 
 26.32  prevention, including family-based services, crisis services, 
 26.33  life management skills services, case coordination services, 
 26.34  mental health services, and early intervention services; 
 26.35     (6) collaboration among districts and service cooperatives; 
 26.36     (7) targeting early adolescents for prevention efforts, 
 27.1   especially early adolescents whose personal circumstances may 
 27.2   lead to violent or harassing behavior; 
 27.3      (8) opportunities for teachers to receive in-service 
 27.4   training or attend other programs on strategies or curriculum 
 27.5   designed to assist students in intervening in or preventing 
 27.6   violence in school and at home; and 
 27.7      (9) administrative policies that reflect, and a staff that 
 27.8   models, nonviolent behaviors that do not display or condone 
 27.9   sexual, racial, or cultural harassment or student hazing. 
 27.10     (c) The department may provide assistance at a neutral site 
 27.11  to a nonpublic school participating in a district's program. 
 27.12     Sec. 7.  Minnesota Statutes 1998, section 257.75, 
 27.13  subdivision 6, is amended to read: 
 27.14     Subd. 6.  [PATERNITY EDUCATIONAL MATERIALS.] The 
 27.15  commissioner of human services shall prepare educational 
 27.16  materials for new and prospective parents that describe the 
 27.17  benefits and effects of establishing paternity.  The materials 
 27.18  must include a description and comparison of the procedures for 
 27.19  establishment of paternity through a recognition of parentage 
 27.20  under this section and an adjudication of paternity under 
 27.21  sections 257.51 to 257.74.  The commissioner shall consider the 
 27.22  use of innovative audio or visual approaches to the presentation 
 27.23  of the materials to facilitate understanding and presentation.  
 27.24  In preparing the materials, the commissioner shall consult with 
 27.25  child advocates and support workers, battered women's advocates 
 27.26  for domestic abuse victims, social service providers, educators, 
 27.27  attorneys, hospital representatives, and people who work with 
 27.28  parents in making decisions related to paternity.  The 
 27.29  commissioner shall consult with representatives of communities 
 27.30  of color.  On and after January 1, 1994, the commissioner shall 
 27.31  make the materials available without cost to hospitals, 
 27.32  requesting agencies, and other persons for distribution to new 
 27.33  parents. 
 27.34     Sec. 8.  Minnesota Statutes 1998, section 518B.01, 
 27.35  subdivision 21, is amended to read: 
 27.36     Subd. 21.  [ORDER FOR PROTECTION FORMS.] The state court 
 28.1   administrator, in consultation with the advisory council on 
 28.2   battered women and domestic abuse, city and county attorneys, 
 28.3   and legal advocates who work with victims, shall develop a 
 28.4   uniform order for protection form that will facilitate the 
 28.5   consistent enforcement of orders for protection throughout the 
 28.6   state. 
 28.7      Sec. 9.  Minnesota Statutes 1998, section 611A.07, 
 28.8   subdivision 1, is amended to read: 
 28.9      Subdivision 1.  [GENERALLY.] The commissioner of 
 28.10  corrections, after considering the recommendations of the 
 28.11  battered women advisory council on battered women and domestic 
 28.12  abuse and the sexual assault advisory council, and in 
 28.13  collaboration with the commissioner of public safety, shall 
 28.14  adopt standards governing electronic monitoring devices used to 
 28.15  protect victims of domestic abuse.  In developing proposed 
 28.16  standards, the commissioner shall consider the experience of the 
 28.17  courts in the tenth judicial district in the use of the devices 
 28.18  to protect victims of domestic abuse.  These standards shall 
 28.19  promote the safety of the victim and shall include measures to 
 28.20  avoid the disparate use of the device with communities of color, 
 28.21  product standards, monitoring agency standards, and victim 
 28.22  disclosure standards.  
 28.23     Sec. 10.  Minnesota Statutes 1998, section 611A.32, 
 28.24  subdivision 1, is amended to read: 
 28.25     Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
 28.26  award grants to programs which provide emergency shelter 
 28.27  services to battered women and support services to battered 
 28.28  women domestic abuse victims and their children.  The 
 28.29  commissioner shall also award grants for training, technical 
 28.30  assistance, and for the development and implementation of 
 28.31  education programs to increase public awareness of the causes of 
 28.32  battering, the solutions to preventing and ending domestic 
 28.33  violence, and the problems faced by battered women and domestic 
 28.34  abuse victims.  Grants shall be awarded in a manner that ensures 
 28.35  that they are equitably distributed to programs serving 
 28.36  metropolitan and nonmetropolitan populations.  By July 1, 1995, 
 29.1   community-based domestic abuse advocacy and support services 
 29.2   programs must be established in every judicial assignment 
 29.3   district. 
 29.4      Sec. 11.  Minnesota Statutes 1998, section 611A.32, 
 29.5   subdivision 2, is amended to read: 
 29.6      Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 29.7   agency may apply to the commissioner for a grant to provide 
 29.8   emergency shelter services to battered women, support 
 29.9   services to domestic abuse victims, or both, to battered women 
 29.10  and their children.  The application shall be submitted in a 
 29.11  form approved by the commissioner by rule adopted under chapter 
 29.12  14, after consultation with the advisory council, and shall 
 29.13  include: 
 29.14     (1) a proposal for the provision of emergency shelter 
 29.15  services for battered women, support services for domestic abuse 
 29.16  victims, or both, for battered women and their children; 
 29.17     (2) a proposed budget; 
 29.18     (3) evidence of an ability to integrate into the proposed 
 29.19  program the uniform method of data collection and program 
 29.20  evaluation established under sections 611A.33 and 611A.34; 
 29.21     (4) evidence of an ability to represent the interests of 
 29.22  battered women and domestic abuse victims and their children to 
 29.23  local law enforcement agencies and courts, county welfare 
 29.24  agencies, and local boards or departments of health; 
 29.25     (5) evidence of an ability to do outreach to unserved and 
 29.26  underserved populations and to provide culturally and 
 29.27  linguistically appropriate services; and 
 29.28     (6) any other content the commissioner may require by rule 
 29.29  adopted under chapter 14, after considering the recommendations 
 29.30  of the advisory council. 
 29.31     Programs which have been approved for grants in prior years 
 29.32  may submit materials which indicate changes in items listed in 
 29.33  clauses (1) to (6), in order to qualify for renewal funding.  
 29.34  Nothing in this subdivision may be construed to require programs 
 29.35  to submit complete applications for each year of renewal funding.
 29.36     Sec. 12.  Minnesota Statutes 1998, section 611A.32, 
 30.1   subdivision 3, is amended to read: 
 30.2      Subd. 3.  [DUTIES OF GRANTEES.] Every public or private 
 30.3   nonprofit agency which receives a grant to provide emergency 
 30.4   shelter services to battered women and support services to 
 30.5   battered women and domestic abuse victims shall comply with all 
 30.6   rules of the commissioner related to the administration of the 
 30.7   pilot programs. 
 30.8      Sec. 13.  Minnesota Statutes 1998, section 611A.32, 
 30.9   subdivision 5, is amended to read: 
 30.10     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 30.11  Personal history information and other information collected, 
 30.12  used or maintained by a grantee from which the identity or 
 30.13  location of any battered woman victim of domestic abuse may be 
 30.14  determined is private data on individuals, as defined in section 
 30.15  13.02, subdivision 12, and the grantee shall maintain the data 
 30.16  in accordance with the provisions of chapter 13. 
 30.17     Sec. 14.  Minnesota Statutes 1998, section 611A.33, is 
 30.18  amended to read: 
 30.19     611A.33 [DUTIES OF COMMISSIONER.] 
 30.20     The commissioner shall: 
 30.21     (1) Review applications for and award grants to a program 
 30.22  pursuant to section 611A.32, subdivision 1, after considering 
 30.23  the recommendation of the advisory council; 
 30.24     (2) Appoint the members of the advisory council created 
 30.25  under section 611A.34, and provide consultative staff and other 
 30.26  administrative services to the advisory council; 
 30.27     (3) After considering the recommendation of the advisory 
 30.28  council, appoint a program director to perform the duties set 
 30.29  forth in section 611A.35; 
 30.30     (4) Design and implement a uniform method of collecting 
 30.31  data on battered women domestic abuse victims to be used to 
 30.32  evaluate the programs funded under section 611A.32; 
 30.33     (5) Provide technical aid to applicants in the development 
 30.34  of grant requests and provide technical aid to programs in 
 30.35  meeting the data collection requirements established by the 
 30.36  commissioner; and 
 31.1      (6) Adopt, under chapter 14, all rules necessary to 
 31.2   implement the provisions of sections 611A.31 to 611A.36. 
 31.3      Sec. 15.  Minnesota Statutes 1998, section 611A.34, 
 31.4   subdivision 1, is amended to read: 
 31.5      Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
 31.6   a 12-member advisory council to advise the commissioner on the 
 31.7   implementation and continued operation of sections 611A.31 to 
 31.8   611A.36.  The battered women's domestic abuse advisory council 
 31.9   shall also serve as a liaison between the commissioner and 
 31.10  organizations that provide services to battered women domestic 
 31.11  abuse victims.  Section 15.059 governs the filling of vacancies 
 31.12  and removal of members of the advisory council.  The terms of 
 31.13  the members of the advisory council shall be two years.  No 
 31.14  member may serve on the advisory council for more than two 
 31.15  consecutive terms.  Notwithstanding section 15.059, the council 
 31.16  shall not expire.  Council members shall not receive per diem, 
 31.17  but shall receive expenses in the same manner and amount as 
 31.18  state employees.  
 31.19     Sec. 16.  Minnesota Statutes 1998, section 611A.34, 
 31.20  subdivision 2, is amended to read: 
 31.21     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 31.22  knowledgeable about and have experience or interest in issues 
 31.23  concerning battered women and domestic abuse victims, including 
 31.24  the need for effective advocacy services.  The membership of the 
 31.25  council shall broadly represent the interests of battered women 
 31.26  domestic abuse victims in Minnesota.  No more than six of the 
 31.27  members of the battered women's advisory council on battered 
 31.28  women and domestic abuse may be representatives of community or 
 31.29  governmental organizations that provide services to battered 
 31.30  women and domestic abuse victims.  One-half of the council's 
 31.31  members shall reside in the metropolitan area, composed of 
 31.32  Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver 
 31.33  counties, and one-half of the members shall reside in the 
 31.34  nonmetropolitan area.  To the extent possible, nonmetropolitan 
 31.35  members must be representative of all nonmetropolitan regions of 
 31.36  the state. 
 32.1      Sec. 17.  Minnesota Statutes 1998, section 611A.34, 
 32.2   subdivision 3, is amended to read: 
 32.3      Subd. 3.  [DUTIES.] The advisory council shall: 
 32.4      (1) advise the commissioner on all planning, development, 
 32.5   data collection, rulemaking, funding, and evaluation of programs 
 32.6   and services for battered women and domestic abuse victims that 
 32.7   are funded under section 611A.32, other than matters of a purely 
 32.8   administrative nature; 
 32.9      (2) advise the commissioner on the adoption of rules under 
 32.10  chapter 14 governing the award of grants to ensure that funded 
 32.11  programs are consistent with section 611A.32, subdivision 1; 
 32.12     (3) recommend to the commissioner the names of five 
 32.13  applicants for the position of battered women's domestic abuse 
 32.14  program director; 
 32.15     (4) advise the commissioner on the rules adopted under 
 32.16  chapter 14 pursuant to section 611A.33; 
 32.17     (5) review applications received by the commissioner for 
 32.18  grants under section 611A.32 and make recommendations on the 
 32.19  awarding of grants; and 
 32.20     (6) advise the program director in the performance of 
 32.21  duties in the administration and coordination of the programs 
 32.22  funded under section 611A.32. 
 32.23     Sec. 18.  Minnesota Statutes 1998, section 611A.345, is 
 32.24  amended to read: 
 32.25     611A.345 [ADVISORY COUNCIL RECOMMENDATIONS.] 
 32.26     The commissioner shall consider the advisory council's 
 32.27  recommendations before awarding grants or adopting policies 
 32.28  regarding the planning, development, data collection, 
 32.29  rulemaking, funding or evaluation of programs and services for 
 32.30  battered women and domestic abuse victims funded under section 
 32.31  611A.32.  Before taking action on matters related to programs 
 32.32  and services for battered women and domestic abuse victims and 
 32.33  their children, except day-to-day administrative operations, the 
 32.34  commissioner shall notify the advisory council of the intended 
 32.35  action.  Notification of grant award decisions shall be given to 
 32.36  the advisory council in time to allow the council to request 
 33.1   reconsideration.  
 33.2      Sec. 19.  Minnesota Statutes 1998, section 611A.35, is 
 33.3   amended to read: 
 33.4      611A.35 [BATTERED WOMEN'S ADVISORY COUNCIL ON BATTERED 
 33.5   WOMEN AND DOMESTIC ABUSE PROGRAM DIRECTOR.] 
 33.6      The commissioner shall appoint a program director.  In 
 33.7   appointing the program director the commissioner shall give due 
 33.8   consideration to the list of applicants submitted to the 
 33.9   commissioner pursuant to section 611A.34, subdivision 3, clause 
 33.10  (3).  The program director shall administer the funds 
 33.11  appropriated for sections 611A.31 to 611A.36, consult with and 
 33.12  provide staff to the advisory council, and perform other duties 
 33.13  related to battered women's and domestic abuse programs as the 
 33.14  commissioner may assign.  The program director shall serve at 
 33.15  the pleasure of the commissioner in the unclassified service. 
 33.16     Sec. 20.  Minnesota Statutes 1998, section 611A.36, 
 33.17  subdivision 1, is amended to read: 
 33.18     Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
 33.19  by rule adopted under chapter 14, after considering the 
 33.20  recommendations of the advisory council, prescribe a uniform 
 33.21  form and method for the collection of data on battered 
 33.22  women domestic abuse victims.  The method and form of data 
 33.23  collection shall be designed to document the incidence of 
 33.24  assault on battered women domestic abuse victims as defined in 
 33.25  section 611A.31, subdivision 2.  All data collected by the 
 33.26  commissioner pursuant to this section shall be summary data 
 33.27  within the meaning of section 13.02, subdivision 19. 
 33.28     Sec. 21.  Minnesota Statutes 1998, section 611A.36, 
 33.29  subdivision 2, is amended to read: 
 33.30     Subd. 2.  [MANDATORY DATA COLLECTION.] Every local law 
 33.31  enforcement agency shall collect data related to battered women 
 33.32  domestic abuse victims in the form required by the 
 33.33  commissioner.  The data shall be collected and transmitted to 
 33.34  the commissioner at such times as the commissioner shall, by 
 33.35  rule, require. 
 33.36     Sec. 22.  [611A.37] [DEFINITIONS.] 
 34.1      Subdivision 1.  [SCOPE.] For purposes of sections 22 to 26, 
 34.2   the terms defined have the meanings given them unless otherwise 
 34.3   provided or indicated by the context. 
 34.4      Subd. 2.  [DIRECTOR.] "Director" means the director of the 
 34.5   Minnesota center for crime victim services or a designee. 
 34.6      Subd. 3.  [CENTER.] "Center" means the Minnesota center for 
 34.7   crime victim services. 
 34.8      Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
 34.9   secure crisis shelter, housing network, safe home, or other 
 34.10  facility operated by a nonprofit organization and designated by 
 34.11  the center for the purpose of providing food, lodging, safety, 
 34.12  and 24-hour coverage for battered women and their minor children.
 34.13     Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
 34.14  shelter facility" means a facility that has applied to, and been 
 34.15  approved by, the center to provide shelter and services to 
 34.16  battered women and their minor children. 
 34.17     Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
 34.18  charge per person for providing food, lodging, safety, and 
 34.19  24-hour coverage for battered women and their minor children. 
 34.20     Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
 34.21  amount the center has reserved for each shelter facility. 
 34.22     Subd. 8.  [BATTERED WOMAN.] "Battered woman" has the 
 34.23  meaning given in section 611A.31, subdivision 2. 
 34.24     Sec. 23.  [611A.371] [PROGRAM OPERATION.] 
 34.25     Subdivision 1.  [PURPOSE.] The purpose of the per diem 
 34.26  program is to provide reimbursement in a timely, efficient 
 34.27  manner to local programs for the reasonable and necessary costs 
 34.28  of providing battered women and their minor children with food, 
 34.29  lodging, and safety.  Per diem funding may not be used for other 
 34.30  purposes. 
 34.31     Subd. 2.  [NONDISCRIMINATION.] Designated shelter 
 34.32  facilities are prohibited from discriminating against a battered 
 34.33  woman or her minor children on the basis of race, color, creed, 
 34.34  religion, national origin, marital status, status with regard to 
 34.35  public assistance, disability, or sexual orientation.  
 34.36     Subd. 3.  [DATA.] Personal history information collected, 
 35.1   used, or maintained by a designated shelter facility from which 
 35.2   the identity or location of any battered woman may be determined 
 35.3   is private data on individuals, as defined in section 13.02, 
 35.4   subdivision 12, and the facility shall maintain the data in 
 35.5   accordance with the provisions of chapter 13. 
 35.6      Sec. 24.  [611A.372] [DUTIES OF THE DIRECTOR.] 
 35.7      In addition to any other duties imposed by law, the 
 35.8   director, with the approval of the commissioner of public 
 35.9   safety, shall: 
 35.10     (1) adopt rules consistent with law for carrying out the 
 35.11  provisions of sections 22 to 26; 
 35.12     (2) supervise the administration of per diem payments to 
 35.13  designated shelter facilities; 
 35.14     (3) collect data on shelter facilities; 
 35.15     (4) conduct an annual evaluation of the per diem program; 
 35.16     (5) report to the governor and the legislature on the need 
 35.17  for emergency secure shelter; and 
 35.18     (6) develop an application process for shelter facilities 
 35.19  to follow in seeking reimbursement under the per diem program. 
 35.20     The per diem program contained in sections 22 to 26 is 
 35.21  exempt from rulemaking until January 1, 2003.  
 35.22     Sec. 25.  [611A.373] [PAYMENTS.] 
 35.23     Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
 35.24  facilities may submit requests for payment monthly based on the 
 35.25  number of persons housed.  Upon approval of the request for 
 35.26  payment by the center, payments shall be made directly to 
 35.27  designated shelter facilities from per diem funds on behalf of 
 35.28  women and their minor children who reside in the shelter 
 35.29  facility.  Payments made to a designated shelter facility must 
 35.30  not exceed the annual reserve amount for that facility unless 
 35.31  approved by the director.  These payments must not affect the 
 35.32  eligibility of individuals who reside in shelter facilities for 
 35.33  public assistance benefits, except when required by federal law 
 35.34  or regulation. 
 35.35     Subd. 2.  [RESERVE AMOUNT.] The center shall calculate 
 35.36  annually the reserve amount for each designated shelter 
 36.1   facility.  This calculation may be based upon program type, 
 36.2   average occupancy rates, and licensed capacity limits.  The 
 36.3   total of all reserve amounts shall not exceed the legislative 
 36.4   per diem appropriation. 
 36.5      Sec. 26.  [611A.375] [APPEAL PROCESS.] 
 36.6      (a) Except as provided in paragraph (b), a designated 
 36.7   shelter facility may, within 30 days after receiving a decision 
 36.8   by the center to deny payment, request reconsideration.  A 
 36.9   designated shelter facility which is denied payment upon 
 36.10  reconsideration is entitled to a contested case hearing within 
 36.11  the meaning of chapter 14. 
 36.12     (b) A facility may not appeal a decision by the center to 
 36.13  deny payments in excess of the facility's reserve amount. 
 36.14     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 36.15  626.558, subdivision 1, is amended to read: 
 36.16     Subdivision 1.  [ESTABLISHMENT OF THE TEAM.] A county shall 
 36.17  establish a multidisciplinary child protection team that may 
 36.18  include, but not be limited to, the director of the local 
 36.19  welfare agency or designees, the county attorney or designees, 
 36.20  the county sheriff or designees, representatives of health and 
 36.21  education, representatives of mental health or other appropriate 
 36.22  human service or community-based agencies, and parent groups.  
 36.23  As used in this section, a "community-based agency" may include, 
 36.24  but is not limited to, schools, social service agencies, family 
 36.25  service and mental health collaboratives, early childhood and 
 36.26  family education programs, Head Start, or other agencies serving 
 36.27  children and families.  A member of the team must be designated 
 36.28  as the lead person of the team responsible for the planning 
 36.29  process to develop standards for its activities with battered 
 36.30  women's and domestic abuse programs and services. 
 36.31     Sec. 28.  Minnesota Statutes 1998, section 629.342, 
 36.32  subdivision 2, is amended to read: 
 36.33     Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
 36.34  law enforcement agency shall develop, adopt, and implement a 
 36.35  written policy regarding arrest procedures for domestic abuse 
 36.36  incidents.  In the development of a policy, each law enforcement 
 37.1   agency shall consult with domestic abuse advocates, community 
 37.2   organizations, and other law enforcement agencies with expertise 
 37.3   in the recognition and handling of domestic abuse incidents.  
 37.4   The policy shall discourage dual arrests, include consideration 
 37.5   of whether one of the parties acted in self defense, and provide 
 37.6   guidance to officers concerning instances in which officers 
 37.7   should remain at the scene of a domestic abuse incident until 
 37.8   the likelihood of further imminent violence has been eliminated. 
 37.9      (b) The bureau of criminal apprehension, the board of peace 
 37.10  officer standards and training, and the battered women's 
 37.11  advisory council on battered women and domestic abuse appointed 
 37.12  by the commissioner of corrections under section 611A.34, in 
 37.13  consultation with the Minnesota chiefs of police association, 
 37.14  the Minnesota sheriffs association, and the Minnesota police and 
 37.15  peace officers association, shall develop a written model policy 
 37.16  regarding arrest procedures for domestic abuse incidents for use 
 37.17  by local law enforcement agencies.  Each law enforcement agency 
 37.18  may adopt the model policy in lieu of developing its own policy 
 37.19  under the provisions of paragraph (a). 
 37.20     (c) Local law enforcement agencies that have already 
 37.21  developed a written policy regarding arrest procedures for 
 37.22  domestic abuse incidents before July 1, 1992, are not required 
 37.23  to develop a new policy but must review their policies and 
 37.24  consider the written model policy developed under paragraph (b). 
 37.25     Sec. 29.  Minnesota Statutes 1998, section 629.72, 
 37.26  subdivision 6, is amended to read: 
 37.27     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 37.28  (a) Immediately after issuance of a citation in lieu of 
 37.29  continued detention under subdivision 1, or the entry of an 
 37.30  order for release under subdivision 2, but before the arrested 
 37.31  person is released, the agency having custody of the arrested 
 37.32  person or its designee must make a reasonable and good faith 
 37.33  effort to inform orally the alleged victim, local law 
 37.34  enforcement agencies known to be involved in the case, if 
 37.35  different from the agency having custody, and, at the victim's 
 37.36  request any local battered women's and domestic abuse programs 
 38.1   established under section 611A.32 or sexual assault programs of: 
 38.2      (1) the conditions of release, if any; 
 38.3      (2) the time of release; 
 38.4      (3) the time, date, and place of the next scheduled court 
 38.5   appearance of the arrested person and the victim's right to be 
 38.6   present at the court appearance; and 
 38.7      (4) if the arrested person is charged with domestic abuse, 
 38.8   the location and telephone number of the area battered women's 
 38.9   shelter as designated by the department of corrections. 
 38.10     (b) As soon as practicable after an order for conditional 
 38.11  release is entered, the agency having custody of the arrested 
 38.12  person or its designee must personally deliver or mail to the 
 38.13  alleged victim a copy of the written order and written notice of 
 38.14  the information in paragraph (a), clauses (2) and (3).