HF 5245

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 11:16pm

A bill for an act
relating to judiciary; providing for funding and related policy changes to Supreme
Court and district courts; establishing State Board of Civil Legal Aid; modifying
Safe at Home program certification; providing for restorative process for certain
acts; appropriating money; amending Minnesota Statutes 2022, sections 5B.02;
5B.03, subdivision 3; 5B.04; 5B.05; 13.045, subdivision 3; 260B.198, subdivision
1; 260B.225, subdivision 9; 260B.235, subdivision 4; 480.24, subdivisions 2, 4;
480.242, subdivisions 2, 3; 480.243, subdivision 1; Minnesota Statutes 2023
Supplement, section 299A.95, subdivision 5; Laws 2023, chapter 52, article 1,
section 2, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 480; repealing Minnesota Statutes 2022, section 480.242, subdivision 1.

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

ARTICLE 1

JUDICIARY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 2,250,000 new text end

new text begin $ new text end

new text begin 1,750,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 2,250,000 new text end

new text begin 1,750,000 new text end

new text begin (a) new text end new text begin Safe and Secure Courthouse Initiative
new text end

new text begin $500,000 in fiscal year 2024 is for a
competitive grant program for courthouse
safety and security improvements. Grants may
be awarded to governmental entities to fund
courthouse security assessments, equipment,
technology, construction, or training needs.
Grant recipients must provide a 50 percent
nonstate match.
new text end

new text begin (b) Enhancing Cyber Security
new text end

new text begin $1,750,000 each year is to fund critical
improvements to the judiciary branch cyber
security program. The base for this
appropriation is $0 beginning in fiscal year
2026.
new text end

Sec. 3. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 15,185,000 new text end

new text begin $ new text end

new text begin 16,815,000 new text end

new text begin (a) Expanded Access to Forensic Examiners
new text end

new text begin $13,082,000 in fiscal year 2024 and
$13,237,000 in fiscal year 2025 are to meet
the increased demand for psychological
examinations in criminal and civil
commitment cases. These appropriations are
onetime and are available until June 30, 2027.
new text end

new text begin (b) Forensic Examiner Rate Increase
new text end

new text begin $1,070,000 in fiscal year 2025 is to raise
examiner payment rates.
new text end

new text begin (c) Court Interpreter Deficit
new text end

new text begin $1,290,000 each year is to address the current
deficit in Minnesota's court interpreter
program. The base for this appropriation is $0
beginning in fiscal year 2026.
new text end

new text begin (d) Court Interpreter Rate Increase
new text end

new text begin $235,000 in fiscal year 2025 is to raise
payment rates for certified court interpreters.
new text end

new text begin (e) Court Interpreter Paid Travel Time
new text end

new text begin $170,000 in fiscal year 2025 is to reimburse
certified court interpreters for travel time.
new text end

new text begin (f) Jury Program Deficit
new text end

new text begin $788,000 each year is to address the current
deficit in Minnesota's jury program. The base
for this appropriation is $0 beginning in fiscal
year 2026.
new text end

new text begin (g) Trauma Services for Jurors
new text end

new text begin $25,000 each year is to provide vicarious
trauma services for jurors.
new text end

Sec. 4. new text begin STATE BOARD OF CIVIL LEGAL AID.
new text end

new text begin The general fund appropriation base for the State Board of Civil Legal Aid is $34,167,000
beginning in fiscal year 2026 for staffing and other costs needed to establish and perform
the duties of the State Board of Civil Legal Aid.
new text end

Sec. 5.

Laws 2023, chapter 52, article 1, section 2, subdivision 3, is amended to read:

Subd. 3. Civil Legal Services

33,560,000

33,560,000

The general fund base is deleted text begin $34,167,000 deleted text end new text begin $0 new text end
beginning in fiscal year 2026.

Legal Services to Low-Income Clients in
Family Law Matters

$1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

STATE BOARD OF CIVIL LEGAL AID

Section 1.

Minnesota Statutes 2022, section 480.24, subdivision 2, is amended to read:

Subd. 2.

Eligible client.

"Eligible client" means an individual that is financially unable
to afford legal assistance, as determined by a recipient on the basis of eligibility guidelines
established by the deleted text begin supreme court deleted text end new text begin State Board of Civil Legal Aid new text end pursuant to section 480.243,
subdivision 1.

Sec. 2.

Minnesota Statutes 2022, section 480.24, subdivision 4, is amended to read:

Subd. 4.

Recipient.

"Recipient" means a qualified legal services program that receives
funds deleted text begin from the supreme court deleted text end new text begin pursuant to section 480.242 new text end to provide legal services to eligible
clients.

Sec. 3.

new text begin [480.2415] STATE BOARD OF CIVIL LEGAL AID.
new text end

new text begin Subdivision 1. new text end

new text begin Structure; membership. new text end

new text begin (a) The State Board of Civil Legal Aid is a
part of but is not subject to the administrative control of the judicial branch of government.
new text end

new text begin (b) The board shall consist of 11 members as follows:
new text end

new text begin (1) six members appointed by the supreme court; and
new text end

new text begin (2) five members appointed by the governor.
new text end

new text begin (c) All candidates shall have demonstrated a commitment in maintaining high-quality
civil legal services to people of low or moderate means. The appointing entities shall seek
board members who reflect the diverse populations served by civil legal aid through attorney
and nonattorney members.
new text end

new text begin (d) The appointing entities may not appoint an active judge to be a member of the board,
but may appoint a retired judge. The appointing entities may not appoint a person who is
closely affiliated with any entity awarded funding pursuant to section 480.242 or any entity
seeking funding pursuant to section 480.242. The board may set term limits for board
members. An appointing authority may not make an appointment that exceeds the term
limits established by the board.
new text end

new text begin (e) The terms, compensation, and removal of board members shall be as provided in
section 15.0575, except that the board may establish a per diem in excess of the amount
provided in law. The members shall elect the chair from among the membership for a term
of two years.
new text end

new text begin Subd. 2. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The State Board of Civil Legal Aid shall work
to ensure access to high-quality civil legal services in every Minnesota county.
new text end

new text begin (b) The board shall:
new text end

new text begin (1) approve and recommend to the legislature a budget for the board and the civil legal
services grants distributed subject to section 480.242;
new text end

new text begin (2) establish procedures for distribution of funding under section 480.242; and
new text end

new text begin (3) establish civil program standards, administrative policies, or procedures necessary
to ensure quality advocacy for persons unable to afford private counsel.
new text end

new text begin (c) The board may propose statutory changes to the legislature and rule changes to the
supreme court that are in the best interests of persons unable to afford private counsel.
new text end

new text begin (d) The board shall not interfere with the discretion or judgment of civil legal services
programs in their advocacy.
new text end

new text begin Subd. 3. new text end

new text begin State civil legal aid program administrator. new text end

new text begin The State Board of Civil Legal
Aid shall appoint a program administrator who serves at the pleasure of the board. The
program administrator is not required to be licensed to practice law. The program
administrator shall attend all meetings of the board, but may not vote, and shall:
new text end

new text begin (1) carry out all administrative functions necessary for the efficient and effective operation
of the board and the civil legal aid delivery system, including but not limited to hiring,
supervising, and disciplining program staff;
new text end

new text begin (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of
the board;
new text end

new text begin (3) keep the board fully advised as to its financial condition, and prepare and submit to
the board the annual program and State Board of Civil Legal Aid budget and other financial
information as requested by the board;
new text end

new text begin (4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and the civil legal aid program; and
new text end

new text begin (5) perform other duties prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The board may contract for administrative support services.
new text end

new text begin Subd. 5. new text end

new text begin Access to records. new text end

new text begin Access to records of the State Board of Civil Legal Aid is
subject to the Rules of Public Access for Records of the Judicial Branch, excluding the
appeals process in rule 9. Pursuant to section 13.90, the board is not subject to chapter 13.
new text end

Sec. 4.

Minnesota Statutes 2022, section 480.242, subdivision 2, is amended to read:

Subd. 2.

Review of applications; selection of recipients.

At times and in accordance
with any procedures deleted text begin as the supreme court adopts in the form of court rules deleted text end new text begin adopted by the
State Board of Civil Legal Aid new text end , applications for the expenditure of civil legal services funds
shall be accepted from qualified legal services programs or from local government agencies
and nonprofit organizations seeking to establish qualified alternative dispute resolution
programs. The applications shall be reviewed by the deleted text begin advisory committee, and the advisory
committee, subject to review by the supreme court deleted text end new text begin State Board of Civil Legal Aid new text end , new text begin which
new text end shall distribute the funds available for this expenditure to qualified legal services programs
or to qualified alternative dispute resolution programs submitting applications. The funds
shall be distributed in accordance with the following formula:

(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal
services programs that have demonstrated an ability as of July 1, 1982, to provide legal
services to persons unable to afford private counsel with funds provided by the federal Legal
Services Corporation. The allocation of funds among the programs selected shall be based
upon the number of persons with incomes below the poverty level established by the United
States Census Bureau who reside in the geographical area served by each program, as
determined by the deleted text begin supreme court deleted text end new text begin State Board of Civil Legal Aid new text end on the basis of the most
recent national census. All funds distributed pursuant to this clause shall be used for the
provision of legal services in civil and farm legal assistance matters as prioritized by program
boards of directors to eligible clients.

(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal
services programs for the provision of legal services in civil matters to eligible clients,
including programs which organize members of the private bar to perform services and
programs for qualified alternative dispute resolution, (2) to programs for training mediators
operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal
services programs to provide family farm legal assistance for financially distressed state
farmers. The family farm legal assistance must be directed at farm financial problems
including, but not limited to, liquidation of farm property including bankruptcy, farm
foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit
and general debtor-creditor relations, and tax considerations. If all the funds to be distributed
pursuant to this clause cannot be distributed because of insufficient acceptable applications,
the remaining funds shall be distributed pursuant to clause (a).

A person is eligible for legal assistance under this section if the person is an eligible
client as defined in section 480.24, subdivision 2, or:

(1) is a state resident;

(2) is or has been a farmer or a family shareholder of a family farm corporation within
the preceding 24 months;

(3) has a debt-to-asset ratio greater than 50 percent; and

(4) satisfies the income eligibility guidelines established under section 480.243,
subdivision 1.

Qualifying farmers and small business operators whose bank loans are held by the Federal
Deposit Insurance Corporation are eligible for legal assistance under this section.

Sec. 5.

Minnesota Statutes 2022, section 480.242, subdivision 3, is amended to read:

Subd. 3.

Timing of distribution of funds.

The funds to be distributed to recipients
selected in accordance with the provisions of subdivision 2 shall be distributed by the
deleted text begin supreme court deleted text end new text begin State Board of Civil Legal Aid new text end no less than twice per calendar year.

Sec. 6.

Minnesota Statutes 2022, section 480.243, subdivision 1, is amended to read:

Subdivision 1.

Committee eligibility guidelines.

The deleted text begin supreme court, with the advice
of the advisory committee, deleted text end new text begin State Board of Civil Legal Aid new text end shall establish guidelines deleted text begin in the
form of court rules deleted text end to be used by recipients to determine the eligibility of individuals and
organizations for legal services provided with funds received pursuant to section 480.242.
The guidelines shall be designed solely to assist recipients in determining whether an
individual or organization is able to afford or secure legal assistance from private counsel
with respect to the particular matter for which assistance is requested.

Sec. 7. new text begin STATE BOARD OF CIVIL LEGAL AID; STAFF.
new text end

new text begin Staff currently employed to support the advisory committee created pursuant to Minnesota
Statutes, section 480.242, shall transfer to the State Board of Civil Legal Aid upon the
effective date consistent with Minnesota Statutes, section 15.039, subdivision 7.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 480.242, subdivision 1, new text end new text begin is repealed.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective on July 1, 2025.
new text end

ARTICLE 3

SAFE AT HOME

Section 1.

Minnesota Statutes 2022, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.

(b) "Address" means an individual's work address, school address, or residential street
address, as specified on the individual's application to be a program participant under this
chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2,
paragraph (a), and includes a threat of such acts committed against an individual in a domestic
situation, regardless of whether these acts or threats have been reported to law enforcement
officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in
section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a
victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible
person fears for the person's safety, the safety of another person who resides in the same
household, or the safety of persons on whose behalf the application is made. new text begin In order to be
an eligible person, new text end an individual must reside in Minnesota deleted text begin in order to be an eligible person deleted text end new text begin
or must certify that the individual intends to reside in Minnesota within 60 days new text end . A person
registered or required to register as a predatory offender under section 243.166 or 243.167,
or the law of another jurisdiction, is not an eligible person.

(f) "Mail" means first class letters and flats delivered via the United States Postal Service,
including priority, express, and certified mail, and excluding (1) periodicals and catalogues,
and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated
pharmaceuticals or clearly indicate that they are sent by the federal government or a state
or county government agency of the continental United States, Hawaii, District of Columbia,
or United States territories.

(g) "Program participant" means an individual certified as a program participant under
section 5B.03.

(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and
includes a threat of such acts committed against an individual, regardless of whether these
acts or threats have been reported to law enforcement officers.

Sec. 2.

Minnesota Statutes 2022, section 5B.03, subdivision 3, is amended to read:

Subd. 3.

Certification.

(a) Upon filing a completed application, the secretary of state
shall certify the eligible person as a program participant. new text begin Unless the program participant is
not a Minnesota resident, new text end program participants deleted text begin shall deleted text end new text begin must new text end be certified for four years following
the date of filing unless the certification is canceled, withdrawn or invalidated before that
date. new text begin Applicants from outside of Minnesota must be certified for 60 days. Upon receiving
notice that the participant has moved to Minnesota, the participant must be certified for four
years following the date of filing unless the certification is canceled, withdrawn, or
invalidated before that date. new text end The secretary of state shall by rule establish a renewal procedure.

(b) Certification under this subdivision is for the purpose of participation in the
confidentiality program established under this chapter only. Certification must not be used
as evidence or be considered for any purpose in any civil, criminal, or administrative
proceeding related to the behavior or actions giving rise to the application under subdivision
1.

Sec. 3.

Minnesota Statutes 2022, section 5B.04, is amended to read:

5B.04 CERTIFICATION CANCELLATION.

(a) If the program participant obtains a legal change of identity, the participant loses
certification as a program participant.

(b) The secretary of state may cancel a program participant's certification if there is a
change in the program participant's legal name or contact information, unless the program
participant or the person who signed as the applicant on behalf of an eligible person provides
the secretary of state with prior notice in writing of the change.

(c) The secretary of state may cancel certification of a program participant if mail
forwarded by the secretary to the program participant's address is returned as nondeliverable.

(d) The secretary of state may cancel a program participant's certification if the program
participant is no longer an eligible person.

(e) The secretary of state shall cancel certification of a program participant who applies
using false information.

new text begin (f) The secretary of state shall cancel certification of a program participant who does
not reside in Minnesota within 60 days of Safe at Home certification.
new text end

Sec. 4.

Minnesota Statutes 2022, section 5B.05, is amended to read:

5B.05 USE OF DESIGNATED ADDRESS.

(a) When a program participant presents the address designated by the secretary of state
to any person or entity, that address must be accepted as the address of the program
participant. The person deleted text begin may deleted text end new text begin or entity must new text end not require the program participant to submit
any address that could be used to physically locate the participant either as a substitute or
in addition to the designated address, or as a condition of receiving a service or benefit,
unless the service or benefit would be impossible to provide without knowledge of the
program participant's physical location. Notwithstanding a person's or entity's knowledge
of a program participant's physical location, the person or entity must use the program
participant's designated address for all mail correspondence with the program participant new text begin ,
unless the participant owns real property through a limited liability company or trust. A
person or entity may only mail to an alternative address if the participant owns real property
through a trust or a limited liability company and the participant has requested that the
person or entity mail correspondence regarding that ownership to an alternate address new text end .

(b) A program participant may use the address designated by the secretary of state as
the program participant's work address.

(c) The Office of the Secretary of State shall forward all mail sent to the designated
address to the proper program participants.

(d) If a program participant has notified a person new text begin or entity new text end in writing, on a form prescribed
by the program, that the individual is a program participant and of the requirements of this
section, the person new text begin or entity new text end must not knowingly disclose the participant's name or address
identified by the participant on the notice. If identified on the notice, the deleted text begin individual deleted text end new text begin person
or entity new text end receiving the notice must not knowingly disclose the program participant's name,
home address, work address, or school address, unless the person to whom the address is
disclosed also lives, works, or goes to school at the address disclosed, or the participant has
provided written consent to disclosure of the participant's name, home address, work address,
or school address for the purpose for which the disclosure will be made. This paragraph
applies to the actions and reports of guardians ad litem, except that guardians ad litem may
disclose the program participant's name. This paragraph does not apply to records of the
judicial branch governed by rules adopted by the supreme court or government entities
governed by section 13.045.

Sec. 5.

Minnesota Statutes 2022, section 13.045, subdivision 3, is amended to read:

Subd. 3.

Classification of identity and location data; amendment of records; sharing
and dissemination.

(a) Identity and location data for which a program participant seeks
protection under subdivision 2, paragraph (a), that are not otherwise classified by law new text begin as
not public new text end are private data on individuals.

(b) Notwithstanding any provision of law to the contrary, private or confidential location
data on a program participant who submits a notice under subdivision 3, paragraph (a), may
not be shared with any other government entity or nongovernmental entity unless:

(1) the program participant has expressly consented in writing to sharing or dissemination
of the data for the purpose for which the sharing or dissemination will occur;

(2) the data are subject to sharing or dissemination pursuant to court order under section
13.03, subdivision 6;

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;

(4) the location data related to county of residence are needed to provide public assistance
or other government services, or to allocate financial responsibility for the assistance or
services;

(5) the data are necessary to perform a government entity's health, safety, or welfare
functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
of services or locations for compliance with health, safety, or professional standards; or

(6) the data are necessary to aid an active law enforcement investigation of the program
participant.

(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
purposes authorized in this subdivision and may not be further disclosed to any other person
or government entity. Government entities receiving or sharing private or confidential data
under this subdivision shall establish procedures to protect the data from further disclosure.

(d) Real property record data are governed by subdivision 4a.

(e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records
to replace a participant's location data with the participant's designated address.

ARTICLE 4

RESTORATIVE PRACTICES RESTITUTION PROGRAM

Section 1.

Minnesota Statutes 2022, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

(a) If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:

(1) counsel the child or the parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed
for the physical, mental, and moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care facility which is under the
management and supervision of said commissioner;

(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:

(i) a child-placing agency;

(ii) the local social services agency;

(iii) a reputable individual of good moral character. No person may receive custody of
two or more unrelated children unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16;

(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or

(v) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) transfer legal custody by commitment to the commissioner of corrections;

(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage new text begin and may offer the child an opportunity to
participate in a restorative process to satisfy the restitution obligation, where available new text end ;

(6) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;

(7) if the child is in need of special treatment and care for reasons of physical or mental
health, the court may order the child's parent, guardian, or custodian to provide it. If the
parent, guardian, or custodian fails to provide this treatment or care, the court may order it
provided;

(8) if the court believes that it is in the best interests of the child and of public safety
that the driver's license of the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the cancellation of the child's license
for any period up to the child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner of public
safety that the child be authorized to apply for a new license, and the commissioner may so
authorize;

(9) if the court believes that it is in the best interest of the child and of public safety that
the child is enrolled in school, the court may require the child to remain enrolled in a public
school until the child reaches the age of 18 or completes all requirements needed to graduate
from high school. Any child enrolled in a public school under this clause is subject to the
provisions of the Pupil Fair Dismissal Act in chapter 127;

(10) if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to 152.027, the court shall determine whether the
child unlawfully possessed or sold the controlled substance while driving a motor vehicle.
If so, the court shall notify the commissioner of public safety of its determination and order
the commissioner to revoke the child's driver's license for the applicable time period specified
in section 152.0271. If the child does not have a driver's license or if the child's driver's
license is suspended or revoked at the time of the delinquency finding, the commissioner
shall, upon the child's application for driver's license issuance or reinstatement, delay the
issuance or reinstatement of the child's driver's license for the applicable time period specified
in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to
take the licensing action without a hearing;

(11) if the child is petitioned and found by the court to have committed or attempted to
commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing
an assessment for the court must be experienced in the evaluation and treatment of juvenile
sex offenders. If the assessment indicates that the child is in need of and amenable to sex
offender treatment, the court shall include in its disposition order a requirement that the
child undergo treatment. Notwithstanding section 13.384, 13.85, 144.291 to 144.298, or
260B.171, or chapter 260E, the assessor has access to the following private or confidential
data on the child if access is relevant and necessary for the assessment:

(i) medical data under section 13.384;

(ii) corrections and detention data under section 13.85;

(iii) health records under sections 144.291 to 144.298;

(iv) juvenile court records under section 260B.171; and

(v) local welfare agency records under chapter 260E.

Data disclosed under this clause may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law; or

(12) if the child is found delinquent due to the commission of an offense that would be
a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs.

(b) Any order for a disposition authorized under this section shall contain written findings
of fact to support the disposition ordered and shall also set forth in writing the following
information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case. Clause (1) does not apply to a disposition under
subdivision 1a.

Sec. 2.

Minnesota Statutes 2022, section 260B.225, subdivision 9, is amended to read:

Subd. 9.

Juvenile major highway or water traffic offender.

If the juvenile court finds
that the child is a juvenile major highway or water traffic offender, it may make any one or
more of the following dispositions of the case:

(1) reprimand the child and counsel with the child and the parents;

(2) continue the case for a reasonable period under such conditions governing the child's
use and operation of any motor vehicles or boat as the court may set;

(3) require the child to attend a driver improvement school if one is available within the
county;

(4) recommend to the Department of Public Safety suspension of the child's driver's
license as provided in section 171.16;

(5) if the child is found to have committed two moving highway traffic violations or to
have contributed to a highway accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public safety or to the licensing
authority of another state the cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby authorized to cancel the
license without hearing. At any time before the termination of the period of cancellation,
the court may, for good cause, recommend to the commissioner of public safety, or to the
licensing authority of another state, that the child's license be returned, and the commissioner
of public safety is authorized to return the license;

(6) place the child under the supervision of a probation officer in the child's own home
under conditions prescribed by the court including reasonable rules relating to operation
and use of motor vehicles or boats directed to the correction of the child's driving habits;

(7) if the child is found to have violated a state or local law or ordinance and the violation
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for the damage new text begin and may offer the child an opportunity to
participate in a restorative process that raises funds where applicable to satisfy the restitution
obligation, where available new text end ;

(8) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;

(9) if the court finds that the child committed an offense described in section 169A.20,
the court shall order that a chemical use assessment be conducted and a report submitted to
the court in the manner prescribed in section 169A.70. If the assessment concludes that the
child meets the level of care criteria for placement under rules adopted under section 254A.03,
subdivision 3, the report must recommend a level of care for the child. The court may require
that level of care in its disposition order. In addition, the court may require any child ordered
to undergo an assessment to pay a chemical dependency assessment charge of $75. The
court shall forward the assessment charge to the commissioner of management and budget
to be credited to the general fund. The state shall reimburse counties for the total cost of
the assessment in the manner provided in section 169A.284.

Sec. 3.

Minnesota Statutes 2022, section 260B.235, subdivision 4, is amended to read:

Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender, the court
may:

(1) require the child to pay a fine of up to $100;

(2) require the child to participate in a community service project;

(3) require the child to participate in a drug awareness program;

(4) order the child to undergo a chemical dependency evaluation and if warranted by
this evaluation, order participation by the child in an outpatient chemical dependency
treatment program;

(5) place the child on probation for up to six months or, in the case of a juvenile alcohol
or controlled substance offense, following a determination by the court that the juvenile is
chemically dependent, the court may place the child on probation for a time determined by
the court;

(6) order the child to make restitution to the victim new text begin , which may be satisfied through
participation in an available restorative process to raise funds, where applicable new text end ; or

(7) perform any other activities or participate in any other outpatient treatment programs
deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage, the court shall forward its finding in the case and the child's driver's
license or permit to the commissioner of public safety. Upon receipt, the commissioner shall
suspend the child's license or permit for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase
tobacco, the court shall forward its finding in the case and the child's driver's license or
permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend
the child's license or permit for a period of 90 days.

None of the dispositional alternatives described in clauses (1) to (6) shall be imposed
by the court in a manner which would cause an undue hardship upon the child.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 299A.95, subdivision 5, is amended
to read:

Subd. 5.

Grants.

(a) Within available appropriations, the director shall award grants to
establish and support restorative practices initiatives. An approved applicant must receive
a grant of up to $500,000 each year.

(b) On an annual basis, the Office of Restorative Practices shall establish a minimum
number of applications that must be received during the application process. If the minimum
number of applications is not received, the office must reopen the application process.

(c) Grants may be awarded to private and public nonprofit agencies; local units of
government, including cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices advisory committee may support multiple entities
applying for grants based on community needs, the number of youth and families in the
jurisdiction, and the number of restorative practices available to the community. Budgets
supported by grant funds can include contracts with partner agencies.

(d) Applications must include the following:

(1) a list of willing restorative practices advisory committee members;

(2) letters of support from potential restorative practices advisory committee members;

(3) a description of the planning process that includes:

(i) a description of the origins of the initiative, including how the community provided
input; and

(ii) an estimated number of participants to be served; and

(4) a formal document containing a project description that outlines the proposed goals,
activities, and outcomes of the initiative including, at a minimum:

(i) a description of how the initiative meets the minimum eligibility requirements of the
grant;

(ii) the roles and responsibilities of key staff assigned to the initiative;

(iii) identification of any key partners, including a summary of the roles and
responsibilities of those partners;

(iv) a description of how volunteers and other community members are engaged in the
initiative; and

(v) a plan for evaluation and data collection.

(e) In determining the appropriate amount of each grant, the Office of Restorative
Practices shall consider the number of individuals likely to be served by the local restorative
practices initiative.

new text begin (f) The Office of Restorative Practices may award grants to provide restitution funds
that allow a victim of a juvenile offense, juvenile petty offense, or major traffic offense as
defined in section 260B.225, subdivision 1, paragraph (b), committed by a juvenile to obtain
monetary compensation to satisfy the restitution obligations of a child who participates in
a restorative process to address harm.
new text end

APPENDIX

Repealed Minnesota Statutes: H5245-1

480.242 DISTRIBUTION OF CIVIL LEGAL SERVICES FUNDS TO QUALIFIED LEGAL SERVICES PROGRAMS.

Subdivision 1.

Advisory committee.

The supreme court shall establish an advisory committee to assist it in performing its responsibilities under sections 480.24 to 480.244. The advisory committee shall consist of 11 members appointed by the supreme court including seven attorneys-at-law who are well acquainted with the provision of legal services in civil matters, two public members who are not attorneys and two persons who would qualify as eligible clients. Four of the attorney-at-law members shall be nominated by the State Bar Association in the manner determined by it, and three of the attorney-at-law members shall be nominated by the programs in Minnesota providing legal services in civil matters on July 1, 1982, with funds provided by the federal Legal Services Corporation in the manner determined by them. In making the appointments of the attorney-at-law members, the supreme court shall not be bound by the nominations prescribed by this section. In making appointments to the advisory committee, the supreme court shall ensure that urban and rural areas of the state are represented. The supreme court shall adopt by rule policies and procedures for the operation of the advisory committee including, but not limited to, policies and procedures governing membership terms, removal of members, and the filling of membership vacancies.