HF 699

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring additional findings 
  1.3             before pretrial release of a defendant accused of 
  1.4             domestic abuse, harassment, or violation of an order 
  1.5             for protection; defining qualified domestic 
  1.6             violence-related offenses; providing that additional 
  1.7             crimes and crimes from other jurisdictions may be used 
  1.8             to enhance penalties; increasing criminal penalties; 
  1.9             specifying standards for domestic abuse offender 
  1.10            programs and requiring courts to sentence certain 
  1.11            offenders to these programs; authorizing domestic 
  1.12            abuse advocates to access private data in police 
  1.13            reports; allowing certain prior statements of domestic 
  1.14            abuse by the victim to be admissible in judicial 
  1.15            proceedings; requiring probation agencies to adopt 
  1.16            specialized policies for classifying the risk level of 
  1.17            domestic abuse offenders; requiring data collection on 
  1.18            disorderly conduct convictions; establishing a grant 
  1.19            program to increase supervision of high risk domestic 
  1.20            abuse offenders; appropriating money to increase 
  1.21            supervision of high risk domestic abuse offenders by 
  1.22            means of caseload reduction; appropriating money to 
  1.23            fund services for battered women; appropriating money 
  1.24            for criminal justice intervention projects; 
  1.25            appropriating money for monitoring judicial responses 
  1.26            to domestic assault; amending Minnesota Statutes 2000, 
  1.27            sections 518B.01, subdivisions 2, 3, 6, 14; 595.02, by 
  1.28            adding a subdivision; 609.02, by adding a subdivision; 
  1.29            609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 
  1.30            4; 609.2244, subdivision 2; 609.748, subdivision 6; 
  1.31            609.749, subdivisions 4, 5; 611A.201, subdivision 2; 
  1.32            629.72; proposing coding for new law in Minnesota 
  1.33            Statutes, chapters 518B; 611A; repealing Minnesota 
  1.34            Statutes 2000, section 609.2244, subdivision 4. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36     Section 1.  Minnesota Statutes 2000, section 518B.01, 
  1.37  subdivision 2, is amended to read: 
  1.38     Subd. 2.  [DEFINITIONS.] As used in this section, the 
  1.39  following terms shall have the meanings given them:  
  1.40     (a) "Domestic abuse" means the following, if committed 
  2.1   against a family or household member by a family or household 
  2.2   member: 
  2.3      (1) physical harm, bodily injury, or assault; 
  2.4      (2) the infliction of fear of imminent physical harm, 
  2.5   bodily injury, or assault; or 
  2.6      (3) terroristic threats, within the meaning of section 
  2.7   609.713, subdivision 1, or; criminal sexual conduct, within the 
  2.8   meaning of section 609.342, 609.343, 609.344, or 609.345; 
  2.9   interference with an emergency call within the meaning of 
  2.10  section 609.78, subdivision 2; or harassment within the meaning 
  2.11  of section 609.749.  
  2.12     (b) "Family or household members" means: 
  2.13     (1) spouses and former spouses; 
  2.14     (2) parents and children; 
  2.15     (3) persons related by blood; 
  2.16     (4) persons who are presently residing together or who have 
  2.17  resided together in the past; 
  2.18     (5) persons who have a child in common regardless of 
  2.19  whether they have been married or have lived together at any 
  2.20  time; 
  2.21     (6) a man and woman if the woman is pregnant and the man is 
  2.22  alleged to be the father, regardless of whether they have been 
  2.23  married or have lived together at any time; and 
  2.24     (7) persons involved in a significant romantic or sexual 
  2.25  relationship. 
  2.26     Issuance of an order for protection on the ground in clause 
  2.27  (6) does not affect a determination of paternity under sections 
  2.28  257.51 to 257.74.  In determining whether persons are or have 
  2.29  been involved in a significant romantic or sexual relationship 
  2.30  under clause (7), the court shall consider the length of time of 
  2.31  the relationship; type of relationship; frequency of interaction 
  2.32  between the parties; and, if the relationship has terminated, 
  2.33  length of time since the termination. 
  2.34     (c) "Qualified domestic violence-related offense" has the 
  2.35  meaning given in section 609.02, subdivision 16. 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 518B.01, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [COURT JURISDICTION.] An application for relief 
  3.3   under this section may be filed in the court having jurisdiction 
  3.4   over dissolution actions, in the county of residence of either 
  3.5   party, in the county in which a pending or completed family 
  3.6   court proceeding involving the parties or their minor children 
  3.7   was brought, or in the county in which the alleged domestic 
  3.8   abuse occurred.  There are no residency requirements that apply 
  3.9   to a petition for an order for protection.  In a jurisdiction 
  3.10  which utilizes referees in dissolution actions, the court or 
  3.11  judge may refer actions under this section to a referee to take 
  3.12  and report the evidence in the action in the same manner and 
  3.13  subject to the same limitations provided in section 518.13.  
  3.14  Actions under this section shall be given docket priorities by 
  3.15  the court. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 518B.01, 
  3.17  subdivision 6, is amended to read: 
  3.18     Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  3.19  hearing, the court may provide relief as follows: 
  3.20     (1) restrain the abusing party from committing acts of 
  3.21  domestic abuse; 
  3.22     (2) exclude the abusing party from the dwelling which the 
  3.23  parties share or from the residence of the petitioner; 
  3.24     (3) exclude the abusing party from a reasonable area 
  3.25  surrounding the dwelling or residence, which area shall be 
  3.26  described specifically in the order; 
  3.27     (4) award temporary custody or establish temporary 
  3.28  parenting time with regard to minor children of the parties on a 
  3.29  basis which gives primary consideration to the safety of the 
  3.30  victim and the children.  Except for cases in which custody is 
  3.31  contested, findings under section 257.025, 518.17, or 518.175 
  3.32  are not required.  If the court finds that the safety of the 
  3.33  victim or the children will be jeopardized by unsupervised or 
  3.34  unrestricted parenting time, the court shall condition or 
  3.35  restrict parenting time as to time, place, duration, or 
  3.36  supervision, or deny parenting time entirely, as needed to guard 
  4.1   the safety of the victim and the children.  The court's decision 
  4.2   on custody and parenting time shall in no way delay the issuance 
  4.3   of an order for protection granting other relief provided for in 
  4.4   this section.  The court must not enter a parenting plan under 
  4.5   section 518.1705 as part of an action for an order for 
  4.6   protection; 
  4.7      (5) on the same basis as is provided in chapter 518, 
  4.8   establish temporary support for minor children or a spouse, and 
  4.9   order the withholding of support from the income of the person 
  4.10  obligated to pay the support according to chapter 518; 
  4.11     (6) provide upon request of the petitioner counseling or 
  4.12  other social services for the parties, if married, or if there 
  4.13  are minor children; 
  4.14     (7) order the abusing party to participate in treatment or 
  4.15  counseling services, including requiring the abusing party to 
  4.16  successfully complete a domestic abuse counseling program or 
  4.17  educational program under sections 518B.10 to 518B.13; 
  4.18     (8) award temporary use and possession of property and 
  4.19  restrain one or both parties from transferring, encumbering, 
  4.20  concealing, or disposing of property except in the usual course 
  4.21  of business or for the necessities of life, and to account to 
  4.22  the court for all such transfers, encumbrances, dispositions, 
  4.23  and expenditures made after the order is served or communicated 
  4.24  to the party restrained in open court; 
  4.25     (9) exclude the abusing party from the place of employment 
  4.26  of the petitioner, or otherwise limit access to the petitioner 
  4.27  by the abusing party at the petitioner's place of employment; 
  4.28     (10) order the abusing party to pay restitution to the 
  4.29  petitioner; 
  4.30     (11) order the continuance of all currently available 
  4.31  insurance coverage without change in coverage or beneficiary 
  4.32  designation; and 
  4.33     (12) order, in its discretion, other relief as it deems 
  4.34  necessary for the protection of a family or household member, 
  4.35  including orders or directives to the sheriff, constable, or 
  4.36  other law enforcement or corrections officer as provided by this 
  5.1   section. 
  5.2      (b) Any relief granted by the order for protection shall be 
  5.3   for a fixed period not to exceed one year, except when the court 
  5.4   determines a longer fixed period is appropriate.  When a referee 
  5.5   presides at the hearing on the petition, the order granting 
  5.6   relief becomes effective upon the referee's signature. 
  5.7      (c) An order granting the relief authorized in paragraph 
  5.8   (a), clause (1), may not be vacated or modified in a proceeding 
  5.9   for dissolution of marriage or legal separation, except that the 
  5.10  court may hear a motion for modification of an order for 
  5.11  protection concurrently with a proceeding for dissolution of 
  5.12  marriage upon notice of motion and motion.  The notice required 
  5.13  by court rule shall not be waived.  If the proceedings are 
  5.14  consolidated and the motion to modify is granted, a separate 
  5.15  order for modification of an order for protection shall be 
  5.16  issued. 
  5.17     (d) An order granting the relief authorized in paragraph 
  5.18  (a), clause (2) or (3), is not voided by the admittance of the 
  5.19  abusing party into the dwelling from which the abusing party is 
  5.20  excluded. 
  5.21     (e) If a proceeding for dissolution of marriage or legal 
  5.22  separation is pending between the parties, the court shall 
  5.23  provide a copy of the order for protection to the court with 
  5.24  jurisdiction over the dissolution or separation proceeding for 
  5.25  inclusion in its file. 
  5.26     (f) An order for restitution issued under this subdivision 
  5.27  is enforceable as civil judgment. 
  5.28     Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
  5.29  subdivision 14, is amended to read: 
  5.30     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
  5.31  person who violates an order for protection issued by a judge or 
  5.32  referee is subject to the penalties provided in paragraphs (b) 
  5.33  to (d).  
  5.34     (b) Except as otherwise provided in paragraphs (c) and (d), 
  5.35  whenever an order for protection is granted by a judge or 
  5.36  referee or pursuant to a similar law of another state, the 
  6.1   United States, the District of Columbia, tribal lands, or United 
  6.2   States territories, and the respondent or person to be 
  6.3   restrained knows of the order, violation of the order for 
  6.4   protection is a misdemeanor.  Upon a misdemeanor conviction 
  6.5   under this paragraph, the defendant must be sentenced to a 
  6.6   minimum of three days imprisonment and must be ordered to 
  6.7   participate in counseling or other appropriate programs selected 
  6.8   by the court.  If the court stays imposition or execution of the 
  6.9   jail sentence and the defendant refuses or fails to comply with 
  6.10  the court's treatment order, the court must impose and execute 
  6.11  the stayed jail sentence.  A violation of an order for 
  6.12  protection shall also constitute contempt of court and be 
  6.13  subject to the penalties provided in chapter 588. 
  6.14     (c) A person is guilty of a gross misdemeanor who knowingly 
  6.15  violates this subdivision during the time period between a 
  6.16  previous qualified domestic violence-related offense conviction 
  6.17  under this subdivision; sections 609.221 to 609.224; 609.2242; 
  6.18  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
  6.19  a similar law of another state, the District of Columbia, tribal 
  6.20  lands, or United States territories; and the end of the five 
  6.21  years following discharge from sentence for that 
  6.22  conviction offense.  Upon a gross misdemeanor conviction under 
  6.23  this paragraph, the defendant must be sentenced to a minimum of 
  6.24  ten days imprisonment and must be ordered to participate in 
  6.25  counseling or other appropriate programs selected by the court.  
  6.26  Notwithstanding section 609.135, the court must impose and 
  6.27  execute the minimum sentence provided in this paragraph for 
  6.28  gross misdemeanor convictions. 
  6.29     (d) A person is guilty of a felony and may be sentenced to 
  6.30  imprisonment for not more than five years or to payment of a 
  6.31  fine of not more than $10,000, or both, if the person knowingly 
  6.32  violates this subdivision: 
  6.33     (1) during the time period between the first of two or more 
  6.34  previous qualified domestic violence-related offense convictions 
  6.35  under this section or sections 609.221 to 609.224; 609.2242; 
  6.36  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
  7.1   a similar law of another state, the District of Columbia, tribal 
  7.2   lands, or United States territories; and the end of the five 
  7.3   years following discharge from sentence for that 
  7.4   conviction offense; or 
  7.5      (2) while possessing a dangerous weapon, as defined in 
  7.6   section 609.02, subdivision 6. 
  7.7   Upon a felony conviction under this paragraph in which the court 
  7.8   stays imposition or execution of sentence, the court shall 
  7.9   impose at least a 30-day period of incarceration as a condition 
  7.10  of probation.  The court also shall order that the defendant 
  7.11  participate in counseling or other appropriate programs selected 
  7.12  by the court.  Notwithstanding section 609.135, the court must 
  7.13  impose and execute the minimum sentence provided in this 
  7.14  paragraph for felony convictions. 
  7.15     (e) A peace officer shall arrest without a warrant and take 
  7.16  into custody a person whom the peace officer has probable cause 
  7.17  to believe has violated an order granted pursuant to this 
  7.18  section or a similar law of another state, the United States, 
  7.19  the District of Columbia, tribal lands, or United States 
  7.20  territories restraining the person or excluding the person from 
  7.21  the residence or the petitioner's place of employment, even if 
  7.22  the violation of the order did not take place in the presence of 
  7.23  the peace officer, if the existence of the order can be verified 
  7.24  by the officer.  The probable cause required under this 
  7.25  paragraph includes probable cause that the person knowingly 
  7.26  violated the order.  When the order is first served upon the 
  7.27  person at a location at which, under the terms of the order, the 
  7.28  person's presence constitutes a violation, the person shall not 
  7.29  be arrested for violation of the order but shall be given a 
  7.30  reasonable opportunity to leave the location in the presence of 
  7.31  the peace officer.  A person arrested under this paragraph shall 
  7.32  be held in custody for at least 36 hours, excluding the day of 
  7.33  arrest, Sundays, and holidays, unless the person is released 
  7.34  earlier by a judge or judicial officer.  A peace officer acting 
  7.35  in good faith and exercising due care in making an arrest 
  7.36  pursuant to this paragraph is immune from civil liability that 
  8.1   might result from the officer's actions. 
  8.2      (f) If the court finds that the respondent has violated an 
  8.3   order for protection and that there is reason to believe that 
  8.4   the respondent will commit a further violation of the provisions 
  8.5   of the order restraining the respondent from committing acts of 
  8.6   domestic abuse or excluding the respondent from the petitioner's 
  8.7   residence, the court may require the respondent to acknowledge 
  8.8   an obligation to comply with the order on the record.  The court 
  8.9   may require a bond sufficient to deter the respondent from 
  8.10  committing further violations of the order for protection, 
  8.11  considering the financial resources of the respondent, and not 
  8.12  to exceed $10,000.  If the respondent refuses to comply with an 
  8.13  order to acknowledge the obligation or post a bond under this 
  8.14  paragraph, the court shall commit the respondent to the county 
  8.15  jail during the term of the order for protection or until the 
  8.16  respondent complies with the order under this paragraph.  The 
  8.17  warrant must state the cause of commitment, with the sum and 
  8.18  time for which any bond is required.  If an order is issued 
  8.19  under this paragraph, the court may order the costs of the 
  8.20  contempt action, or any part of them, to be paid by the 
  8.21  respondent.  An order under this paragraph is appealable.  
  8.22     (g) Upon the filing of an affidavit by the petitioner, any 
  8.23  peace officer, or an interested party designated by the court, 
  8.24  alleging that the respondent has violated any order for 
  8.25  protection granted pursuant to this section or a similar law of 
  8.26  another state, the United States, the District of Columbia, 
  8.27  tribal lands, or United States territories, the court may issue 
  8.28  an order to the respondent, requiring the respondent to appear 
  8.29  and show cause within 14 days why the respondent should not be 
  8.30  found in contempt of court and punished therefor.  The hearing 
  8.31  may be held by the court in any county in which the petitioner 
  8.32  or respondent temporarily or permanently resides at the time of 
  8.33  the alleged violation, or in the county in which the alleged 
  8.34  violation occurred, if the petitioner and respondent do not 
  8.35  reside in this state.  The court also shall refer the violation 
  8.36  of the order for protection to the appropriate prosecuting 
  9.1   authority for possible prosecution under paragraph (b), (c), or 
  9.2   (d). 
  9.3      (h) If it is alleged that the respondent has violated an 
  9.4   order for protection issued under subdivision 6 or a similar law 
  9.5   of another state, the United States, the District of Columbia, 
  9.6   tribal lands, or United States territories, and the court finds 
  9.7   that the order has expired between the time of the alleged 
  9.8   violation and the court's hearing on the violation, the court 
  9.9   may grant a new order for protection under subdivision 6 based 
  9.10  solely on the respondent's alleged violation of the prior order, 
  9.11  to be effective until the hearing on the alleged violation of 
  9.12  the prior order.  If the court finds that the respondent has 
  9.13  violated the prior order, the relief granted in the new order 
  9.14  for protection shall be extended for a fixed period, not to 
  9.15  exceed one year, except when the court determines a longer fixed 
  9.16  period is appropriate. 
  9.17     (i) The admittance into petitioner's dwelling of an abusing 
  9.18  party excluded from the dwelling under an order for protection 
  9.19  is not a violation by the petitioner of the order for protection.
  9.20     A peace officer is not liable under section 609.43, clause 
  9.21  (1), for a failure to perform a duty required by paragraph (e). 
  9.22     (j) When a person is convicted under paragraph (b) or (c) 
  9.23  of violating an order for protection and the court determines 
  9.24  that the person used a firearm in any way during commission of 
  9.25  the violation, the court may order that the person is prohibited 
  9.26  from possessing any type of firearm for any period longer than 
  9.27  three years or for the remainder of the person's life.  A person 
  9.28  who violates this paragraph is guilty of a gross misdemeanor.  
  9.29  At the time of the conviction, the court shall inform the 
  9.30  defendant whether and for how long the defendant is prohibited 
  9.31  from possessing a firearm and that it is a gross misdemeanor to 
  9.32  violate this paragraph.  The failure of the court to provide 
  9.33  this information to a defendant does not affect the 
  9.34  applicability of the firearm possession prohibition or the gross 
  9.35  misdemeanor penalty to that defendant. 
  9.36     (k) Except as otherwise provided in paragraph (j), when a 
 10.1   person is convicted under paragraph (b) or (c) of violating an 
 10.2   order for protection, the court shall inform the defendant that 
 10.3   the defendant is prohibited from possessing a pistol for three 
 10.4   years from the date of conviction and that it is a gross 
 10.5   misdemeanor offense to violate this prohibition.  The failure of 
 10.6   the court to provide this information to a defendant does not 
 10.7   affect the applicability of the pistol possession prohibition or 
 10.8   the gross misdemeanor penalty to that defendant. 
 10.9      (l) Except as otherwise provided in paragraph (j), a person 
 10.10  is not entitled to possess a pistol if the person has been 
 10.11  convicted under paragraph (b) or (c) after August 1, 1996, of 
 10.12  violating an order for protection, unless three years have 
 10.13  elapsed from the date of conviction and, during that time, the 
 10.14  person has not been convicted of any other violation of this 
 10.15  section.  Property rights may not be abated but access may be 
 10.16  restricted by the courts.  A person who possesses a pistol in 
 10.17  violation of this paragraph is guilty of a gross misdemeanor. 
 10.18     (m) If the court determines that a person convicted under 
 10.19  paragraph (b) or (c) of violating an order for protection owns 
 10.20  or possesses a firearm and used it in any way during the 
 10.21  commission of the violation, it shall order that the firearm be 
 10.22  summarily forfeited under section 609.5316, subdivision 3. 
 10.23     Sec. 5.  [518B.10] [PURPOSE; STANDARDS FOR DOMESTIC ABUSE 
 10.24  COUNSELING PROGRAMS AND EDUCATIONAL PROGRAMS.] 
 10.25     (a) The purpose of these standards is to establish minimum 
 10.26  operating guidelines for those persons and programs providing 
 10.27  either counseling programs or educational programs for 
 10.28  court-ordered domestic abuse offenders or abusing parties.  
 10.29     (b) The purpose of domestic abuse counseling programs and 
 10.30  domestic abuse educational programs is to: 
 10.31     (1) stop the violence; 
 10.32     (2) hold offenders and abusing parties accountable for 
 10.33  their violence, challenge beliefs that contribute to violence 
 10.34  and other abusive acts, and encourage behaviors that facilitate 
 10.35  nonviolence and other nonabusive behaviors; 
 10.36     (3) promote victim safety by ensuring that programs and 
 11.1   program staff work closely with victim advocates and the courts; 
 11.2      (4) ensure policies that address victim safety and victim 
 11.3   contact; and 
 11.4      (5) ensure procedures for offenders and abusing parties who 
 11.5   violate program conditions, conditions of probation, orders by 
 11.6   the court, or who use violence while participating in the 
 11.7   program. 
 11.8      Sec. 6.  [518B.11] [DEFINITIONS.] 
 11.9      Subdivision 1.  [APPLICABILITY.] For the purposes of 
 11.10  sections 518B.10 to 518B.13, the terms in this section have the 
 11.11  meanings given them. 
 11.12     Subd. 2.  [ABUSING PARTY.] "Abusing party" means the party 
 11.13  against whom relief is ordered in a proceeding under section 
 11.14  518B.01, the Domestic Abuse Act. 
 11.15     Subd. 3.  [COUNSELING PROGRAM; EDUCATIONAL PROGRAM.] A 
 11.16  "counseling program" or "educational program" means a domestic 
 11.17  abuse counseling program or domestic abuse educational program 
 11.18  that provides court-ordered sessions, classes, or group meetings 
 11.19  for domestic abuse offenders and abusing parties. 
 11.20     Subd. 4.  [DOMESTIC ABUSE.] "Domestic abuse" has the 
 11.21  meaning given in section 518B.01, subdivision 2.  Domestic abuse 
 11.22  also includes violations of section 518B.01, subdivisions 14 and 
 11.23  22.  
 11.24     Subd. 5.  [OFFENDER.] "Offender" means a person convicted 
 11.25  of committing domestic abuse or a person ordered by the court to 
 11.26  participate in a domestic abuse counseling program or 
 11.27  educational program based upon a conviction for a criminal 
 11.28  offense. 
 11.29     Subd. 6.  [PROGRAM.] "Program" means a domestic abuse 
 11.30  counseling program or domestic abuse educational program. 
 11.31     Subd. 7.  [RELEASE OF INFORMATION.] "Release of information"
 11.32  means a written document that allows a program to communicate 
 11.33  about the offender or abusing party with the court, other 
 11.34  providers, and the victim. 
 11.35     Subd. 8.  [VICTIM.] "Victim" has the meaning given in 
 11.36  section 611A.01, paragraph (b), and includes a battered woman, 
 12.1   as defined by section 611A.31, subdivision 2.  
 12.2      Sec. 7.  [518B.12] [DOMESTIC ABUSE COUNSELING PROGRAM OR 
 12.3   EDUCATIONAL PROGRAM REQUIRED.] 
 12.4      Subdivision 1.  [COURT-ORDERED DOMESTIC ABUSE COUNSELING 
 12.5   PROGRAM OR EDUCATIONAL PROGRAM.] (a) Except as provided in 
 12.6   paragraph (c), if the court stays imposition or execution of 
 12.7   sentence for a domestic abuse offense and places the offender on 
 12.8   probation, the court shall order that, as a condition of the 
 12.9   stayed sentence, the offender participate in and successfully 
 12.10  complete a counseling program or educational program that 
 12.11  satisfies the requirements of section 518B.13, unless the court 
 12.12  determines that some other sentence meets or exceeds the 
 12.13  purposes described in section 518B.10, paragraph (b).  In making 
 12.14  its order, the court shall consider the recommendation of the 
 12.15  corrections agent in the presentence domestic abuse 
 12.16  investigation report on whether the offender shall be ordered to 
 12.17  complete a domestic abuse counseling or educational program.  
 12.18     (b) Except as provided in paragraph (c), as part of any 
 12.19  relief ordered under section 518B.01, subdivision 6, the court 
 12.20  may order an abusing party to participate in and successfully 
 12.21  complete a counseling program or educational program that 
 12.22  satisfies the requirements of section 518B.13. 
 12.23     (c) If a counseling program or educational program is not 
 12.24  available or the court makes written findings that such a 
 12.25  program is inappropriate based upon the offender's or abusing 
 12.26  party's mental illness, the court may send the offender or 
 12.27  abusing party to a counselor who provides services consistent 
 12.28  with the requirements in section 518B.13.  This counselor must 
 12.29  be knowledgeable about domestic abuse issues. 
 12.30     A program is available if it is within reasonable travel 
 12.31  distance from the offender's home. 
 12.32     (d) The offender or abusing party must complete at least 24 
 12.33  sessions or 30 hours of a counseling program or educational 
 12.34  program, unless the person's probation agent, if any, recommends 
 12.35  fewer sessions based upon good cause. 
 12.36     (e) The court may require an offender to participate in a 
 13.1   counseling program or educational program up to the entire 
 13.2   amount of time an offender is on probation.  The court may order 
 13.3   that the offender be required to continue in the program for as 
 13.4   long as the program counselor or facilitator requires, provided 
 13.5   this time period is not longer than the person's term of 
 13.6   probation. 
 13.7      (f) If culturally specific counseling programs or 
 13.8   educational programs are available, the court may order the 
 13.9   offender or abusing party to attend such counseling programs or 
 13.10  educational programs, where appropriate. 
 13.11     Subd. 2.  [CHEMICALLY DEPENDENT OFFENDERS.] If the offender 
 13.12  or abusing party has a diagnosable chemical dependency problem, 
 13.13  the court shall require the offender to complete chemical 
 13.14  dependency treatment as a condition of probation, if reasonable. 
 13.15     Sec. 8.  [518B.13] [STANDARDS FOR DOMESTIC ABUSE COUNSELING 
 13.16  PROGRAMS AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] 
 13.17     Subdivision 1.  [LENGTH OF PROGRAM; SESSIONS.] Programs 
 13.18  shall require offenders and abusing parties to attend a minimum 
 13.19  of 24 sessions or 30 hours of programming, unless a probation 
 13.20  agent has recommended fewer sessions under section 518B.12, 
 13.21  subdivision 1.  Each program session must last at least 1-1/2 
 13.22  hours. 
 13.23     Subd. 2.  [POLICIES.] (a) Programs must have a written 
 13.24  policy that requires counselors and facilitators to report to 
 13.25  the court and to the offender's probation or corrections officer 
 13.26  any threats of violence made by the offender or abusing party, 
 13.27  acts of violence by the offender or abusing party, violation of 
 13.28  court orders by the offender or abusing party, and violation of 
 13.29  program rules that resulted in the offender's or abusing party's 
 13.30  termination from the program.  
 13.31     (b) Programs shall have written policies that counselors 
 13.32  and facilitators must be violence free in their own lives.  
 13.33     (c) Programs shall have written policies requiring that 
 13.34  counselors and facilitators hold offenders and abusing parties 
 13.35  solely responsible for their behavior. 
 13.36     Subd. 3.  [INTAKE.] Each program shall conduct an intake 
 14.1   process with each offender or abusing party.  This intake 
 14.2   process shall look for chemical dependency problems and possible 
 14.3   risks the offender or abusing party might pose to self or 
 14.4   others.  If the offender or abusing party is chemically 
 14.5   dependent, the program may refer the offender or abusing party 
 14.6   to a chemical dependency treatment center.  If the offender or 
 14.7   abusing party poses a risk to self or others, the program shall 
 14.8   report this information to the court, the probation or 
 14.9   corrections officer, and the victim. 
 14.10     Subd. 4.  [NOTICE TO VICTIM.] If the offender or abusing 
 14.11  party is reported back to the court or is terminated from the 
 14.12  program, the program shall notify the victim of the 
 14.13  circumstances unless the victim requests otherwise.  
 14.14     Subd. 5.  [RELEASE OF INFORMATION.] Programs shall require 
 14.15  court-ordered offenders and abusing parties to sign a release of 
 14.16  information authorizing communication regarding the offender's 
 14.17  or abusing party's progress in the program to the court, the 
 14.18  offender's probation or corrections officer, other providers, 
 14.19  and the victim.  The offender or abusing party may not enter the 
 14.20  program if the offender does not sign a release.  
 14.21     Subd. 6.  [VICTIM PRIVACY.] (a) If a counselor or 
 14.22  facilitator contacts the victim, the counselor or facilitator 
 14.23  must not elicit any information that the victim does not want to 
 14.24  provide.  A counselor or facilitator who contacts a victim shall 
 14.25  notify the victim of the right not to provide any information, 
 14.26  and shall also notify the victim of how any information provided 
 14.27  will be used and with whom it will be shared, and shall obtain 
 14.28  the victim's permission before eliciting information from the 
 14.29  victim or sharing information with anyone other than staff of 
 14.30  the counseling program. 
 14.31     (b) Programs shall have written policies that require 
 14.32  counselors and facilitators to inform victims of the 
 14.33  confidentiality of information as provided by this subdivision.  
 14.34  Programs must maintain separate files for information pertaining 
 14.35  to the offender or abusing party and to the victim. 
 14.36     (c) If a counselor or facilitator contacts a victim, the 
 15.1   counselor or facilitator shall provide the victim with referral 
 15.2   information for support services. 
 15.3      Subd. 7.  [CONFIDENTIALITY.] (a) Except as provided in 
 15.4   paragraph (b), program staff may not disclose any confidential 
 15.5   communication made by the offender or abusing party without the 
 15.6   consent of the offender or abusing party. 
 15.7      (b) Programs must warn a potential victim of imminent 
 15.8   danger based upon information provided by an offender or abusing 
 15.9   party. 
 15.10     Subd. 8.  [PROGRAM SETTING.] (a) The counseling program or 
 15.11  educational program must provide services in a group setting, 
 15.12  unless the offender or abusing party would be inappropriate in a 
 15.13  group setting.  
 15.14     (b) Programs must provide separate sessions for male and 
 15.15  female offenders and abusing parties. 
 15.16     Subd. 9.  [MARRIAGE OR COUPLES COUNSELING.] Marriage or 
 15.17  couples counseling will not be offered nor a referral made until 
 15.18  the offender or abusing party has completed a domestic abuse 
 15.19  counseling program or educational program for a minimum of the 
 15.20  court-ordered number of sessions and the counselor or 
 15.21  facilitator reasonably believes that the violence, intimidation, 
 15.22  and coercion has ceased and the victim feels safe to participate.
 15.23     Subd. 10.  [PROGRAM COMPLETION; REPORT.] When the 
 15.24  court-ordered offender or abusing party has completed the 
 15.25  program, the counselor or facilitator shall report this 
 15.26  information to the court and the offender's probation or 
 15.27  corrections officer. 
 15.28     Subd. 11.  [COORDINATION.] Programs shall coordinate with 
 15.29  the court, probation and corrections officers, battered women's 
 15.30  and domestic abuse programs, child protection services, and 
 15.31  other providers to promote victim safety and offender 
 15.32  accountability. 
 15.33     Sec. 9.  Minnesota Statutes 2000, section 595.02, is 
 15.34  amended by adding a subdivision to read: 
 15.35     Subd. 6.  [CERTAIN OUT-OF-COURT STATEMENTS REGARDING 
 15.36  DOMESTIC ABUSE ADMISSIBLE.] (a) As used in this section, 
 16.1   "domestic abuse" has the meaning given in section 518B.01, 
 16.2   subdivision 2.  
 16.3      (b) An out-of-court statement made by a victim of domestic 
 16.4   abuse alleging, explaining, denying, or describing any act of 
 16.5   domestic abuse against the person by another, not otherwise 
 16.6   admissible by statute or rule of evidence, is admissible as 
 16.7   substantive evidence if: 
 16.8      (1) the court finds, in a hearing outside the presence of 
 16.9   the jury, that the time, content, and circumstances of the 
 16.10  statement provide sufficient indicia of reliability; 
 16.11     (2) the domestic abuse victim either testifies at the 
 16.12  proceeding or, if unavailable as a witness, there is 
 16.13  corroborative evidence of the act; and 
 16.14     (3) the proponent of the statement notifies the adverse 
 16.15  party of the proponent's intention to offer the statement and 
 16.16  the particulars of the statement sufficiently in advance of the 
 16.17  proceeding at which the proponent intends to offer the statement 
 16.18  into evidence to provide the adverse party with a fair 
 16.19  opportunity to prepare to respond to the statement. 
 16.20     In the absence of other factors indicating unreliability, 
 16.21  recantation by a declarant is not a sufficient reason for 
 16.22  denying admission of a statement under this section. 
 16.23     Sec. 10.  Minnesota Statutes 2000, section 609.02, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED 
 16.26  OFFENSE.] "Qualified domestic violence-related offense" includes 
 16.27  the following offenses:  sections 518B.01, subdivision 14 
 16.28  (domestic abuse order for protection); 609.221 (first-degree 
 16.29  assault); 609.222 (second-degree assault); 609.223 (third-degree 
 16.30  assault); 609.2231 (fourth-degree assault); 609.224 
 16.31  (fifth-degree assault); 609.2242 (domestic assault); 609.342 
 16.32  (first-degree criminal sexual conduct); 609.343 (second-degree 
 16.33  criminal sexual conduct); 609.344 (third-degree criminal sexual 
 16.34  conduct); 609.345 (fourth-degree criminal sexual conduct); 
 16.35  609.377 (malicious punishment of a child); 609.713 (terroristic 
 16.36  threats); 609.748, subdivision 6, (violation of restraining 
 17.1   order); and 609.749 (harassment/stalking); and similar laws of 
 17.2   other states, the United States, the District of Columbia, 
 17.3   tribal lands, and United States territories. 
 17.4      Sec. 11.  Minnesota Statutes 2000, section 609.224, 
 17.5   subdivision 2, is amended to read: 
 17.6      Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 17.7   provisions of subdivision 1 against the same victim during the 
 17.8   time period between a previous qualified domestic 
 17.9   violence-related offense conviction or adjudication of 
 17.10  delinquency under this section, sections 609.221 to 609.2231, 
 17.11  609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
 17.12  similar law of another state, and the end of the five years 
 17.13  following discharge from sentence or disposition for 
 17.14  that conviction or adjudication offense, is guilty of a gross 
 17.15  misdemeanor and may be sentenced to imprisonment for not more 
 17.16  than one year or to payment of a fine of not more than $3,000, 
 17.17  or both.  
 17.18     (b) Whoever violates the provisions of subdivision 1 within 
 17.19  two years of a previous qualified domestic violence-related 
 17.20  offense conviction or adjudication of delinquency under this 
 17.21  section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
 17.22  609.713, or any similar law of another state, is guilty of a 
 17.23  gross misdemeanor and may be sentenced to imprisonment for not 
 17.24  more than one year or to payment of a fine of not more than 
 17.25  $3,000, or both. 
 17.26     (c) A caregiver, as defined in section 609.232, who is an 
 17.27  individual and who violates the provisions of subdivision 1 
 17.28  against a vulnerable adult, as defined in section 609.232, is 
 17.29  guilty of a gross misdemeanor and may be sentenced to 
 17.30  imprisonment for not more than one year or to payment of a fine 
 17.31  of not more than $3,000, or both. 
 17.32     Sec. 12.  Minnesota Statutes 2000, section 609.224, 
 17.33  subdivision 4, is amended to read: 
 17.34     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 17.35  subdivision 1 against the same victim during the time period 
 17.36  between the first of any combination of two or more 
 18.1   previous qualified domestic violence-related offense convictions 
 18.2   or adjudications of delinquency under this section or sections 
 18.3   609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or 
 18.4   609.713, or any similar law of another state, and the end of the 
 18.5   five years following discharge from sentence or disposition for 
 18.6   that conviction or adjudication offense is guilty of a felony 
 18.7   and may be sentenced to imprisonment for not more than five 
 18.8   years or payment of a fine of not more than $10,000, or both. 
 18.9      (b) Whoever violates the provisions of subdivision 1 within 
 18.10  three years of the first of any combination of two or more 
 18.11  previous qualified domestic violence-related offense convictions 
 18.12  or adjudications of delinquency under this section or sections 
 18.13  609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any 
 18.14  similar law of another state, is guilty of a felony and may be 
 18.15  sentenced to imprisonment for not more than five years or to 
 18.16  payment of a fine of not more than $10,000, or both. 
 18.17     Sec. 13.  Minnesota Statutes 2000, section 609.2242, 
 18.18  subdivision 2, is amended to read: 
 18.19     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 18.20  1 during the time period between a previous qualified domestic 
 18.21  violence-related offense conviction or adjudication of 
 18.22  delinquency under this section or sections 609.221 to 609.2231, 
 18.23  609.224, 609.342 to 609.345, 609.377, or 609.713 , or any 
 18.24  similar law of another state, against a family or household 
 18.25  member as defined in section 518B.01, subdivision 2, and the end 
 18.26  of the five years following discharge from sentence or 
 18.27  disposition for that conviction or adjudication offense is 
 18.28  guilty of a gross misdemeanor and may be sentenced to 
 18.29  imprisonment for not more than one year or to payment of a fine 
 18.30  of not more than $3,000, or both. 
 18.31     Sec. 14.  Minnesota Statutes 2000, section 609.2242, 
 18.32  subdivision 4, is amended to read: 
 18.33     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
 18.34  section or section 609.224, subdivision 1, against the same 
 18.35  victim during the time period between the first of any 
 18.36  combination of two or more previous qualified domestic 
 19.1   violence-related offense convictions or adjudications of 
 19.2   delinquency under this section or sections 609.221 to 609.2231, 
 19.3   609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar 
 19.4   law of another state and the end of the five years following 
 19.5   discharge from sentence or disposition for that conviction or 
 19.6   adjudication offense is guilty of a felony and may be sentenced 
 19.7   to imprisonment for not more than five years or payment of a 
 19.8   fine of not more than $10,000, or both. 
 19.9      Sec. 15.  Minnesota Statutes 2000, section 609.2244, 
 19.10  subdivision 2, is amended to read: 
 19.11     Subd. 2.  [REPORT.] (a) The department of corrections shall 
 19.12  establish minimum standards for the report, including the 
 19.13  circumstances of the offense, impact on the victim, the 
 19.14  defendant's prior record, characteristics and history of alcohol 
 19.15  and chemical use problems, and amenability to domestic abuse 
 19.16  programs.  The report is classified as private data on 
 19.17  individuals as defined in section 13.02, subdivision 12.  Victim 
 19.18  impact statements are confidential. 
 19.19     (b) The report must include: 
 19.20     (1) a recommendation on any limitations on contact with the 
 19.21  victim and other measures to ensure the victim's safety; 
 19.22     (2) a recommendation for the defendant to enter and 
 19.23  successfully complete domestic abuse programming and any 
 19.24  aftercare found necessary by the investigation, including a 
 19.25  specific recommendation for the defendant to complete a domestic 
 19.26  abuse counseling program or domestic abuse educational program 
 19.27  under sections 518B.10 to 518B.13; 
 19.28     (3) a recommendation for chemical dependency evaluation and 
 19.29  treatment as determined by the evaluation whenever alcohol or 
 19.30  drugs were found to be a contributing factor to the offense; 
 19.31     (4) recommendations for other appropriate remedial action 
 19.32  or care or a specific explanation why no level of care or action 
 19.33  is recommended; and 
 19.34     (5) consequences for failure to abide by conditions set up 
 19.35  by the court. 
 19.36     Sec. 16.  Minnesota Statutes 2000, section 609.748, 
 20.1   subdivision 6, is amended to read: 
 20.2      Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
 20.3   who violates a restraining order issued under this section is 
 20.4   subject to the penalties provided in paragraphs (b) to (d).  
 20.5      (b) Except as otherwise provided in paragraphs (c) and (d), 
 20.6   when a temporary restraining order or a restraining order is 
 20.7   granted under this section and the respondent knows of the 
 20.8   order, violation of the order is a misdemeanor.  
 20.9      (c) A person is guilty of a gross misdemeanor who knowingly 
 20.10  violates the order during the time period between a 
 20.11  previous qualified domestic violence-related offense conviction 
 20.12  under this subdivision; sections 609.221 to 609.224; 609.2242; 
 20.13  518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 
 20.14  609.749; and the end of the five years following discharge from 
 20.15  sentence for that conviction offense.  
 20.16     (d) A person is guilty of a felony and may be sentenced to 
 20.17  imprisonment for not more than five years or to payment of a 
 20.18  fine of not more than $10,000, or both, if the person knowingly 
 20.19  violates the order:  
 20.20     (1) during the time period between the first of two or more 
 20.21  previous qualified domestic violence-related offense convictions 
 20.22  under this subdivision or sections 518B.01, subdivision 14; 
 20.23  609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
 20.24  609.749; and the end of the five years following discharge from 
 20.25  sentence for that conviction offense; 
 20.26     (2) because of the victim's or another's actual or 
 20.27  perceived race, color, religion, sex, sexual orientation, 
 20.28  disability as defined in section 363.01, age, or national 
 20.29  origin; 
 20.30     (3) by falsely impersonating another; 
 20.31     (4) while possessing a dangerous weapon; 
 20.32     (5) with an intent to influence or otherwise tamper with a 
 20.33  juror or a judicial proceeding or with intent to retaliate 
 20.34  against a judicial officer, as defined in section 609.415, or a 
 20.35  prosecutor, defense attorney, or officer of the court, because 
 20.36  of that person's performance of official duties in connection 
 21.1   with a judicial proceeding; or 
 21.2      (6) against a victim under the age of 18, if the respondent 
 21.3   is more than 36 months older than the victim. 
 21.4      (e) A peace officer shall arrest without a warrant and take 
 21.5   into custody a person whom the peace officer has probable cause 
 21.6   to believe has violated an order issued under subdivision 4 or 5 
 21.7   if the existence of the order can be verified by the officer.  
 21.8      (f) A violation of a temporary restraining order or 
 21.9   restraining order shall also constitute contempt of court. 
 21.10     (g) Upon the filing of an affidavit by the petitioner, any 
 21.11  peace officer, or an interested party designated by the court, 
 21.12  alleging that the respondent has violated an order issued under 
 21.13  subdivision 4 or 5, the court may issue an order to the 
 21.14  respondent requiring the respondent to appear within 14 days and 
 21.15  show cause why the respondent should not be held in contempt of 
 21.16  court.  The court also shall refer the violation of the order to 
 21.17  the appropriate prosecuting authority for possible prosecution 
 21.18  under paragraph (b), (c), or (d). 
 21.19     Sec. 17.  Minnesota Statutes 2000, section 609.749, 
 21.20  subdivision 4, is amended to read: 
 21.21     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 21.22  person is guilty of a felony who violates any provision of 
 21.23  subdivision 2 during the time period between a 
 21.24  previous qualified domestic violence-related offense conviction 
 21.25  or adjudication of delinquency under this section; sections 
 21.26  609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
 21.27  subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
 21.28  from another state and the end of the ten years following 
 21.29  discharge from sentence or disposition for that conviction or 
 21.30  adjudication offense. 
 21.31     Sec. 18.  Minnesota Statutes 2000, section 609.749, 
 21.32  subdivision 5, is amended to read: 
 21.33     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 21.34  engages in a pattern of harassing conduct with respect to a 
 21.35  single victim or one or more members of a single household which 
 21.36  the actor knows or has reason to know would cause the victim 
 22.1   under the circumstances to feel terrorized or to fear bodily 
 22.2   harm and which does cause this reaction on the part of the 
 22.3   victim, is guilty of a felony and may be sentenced to 
 22.4   imprisonment for not more than ten years or to payment of a fine 
 22.5   of not more than $20,000, or both. 
 22.6      (b) For purposes of this subdivision, a "pattern of 
 22.7   harassing conduct" means two or more acts within a five-year 
 22.8   period that violate the provisions of any of the following or a 
 22.9   similar law of another state, the United States, the District of 
 22.10  Columbia, tribal lands, or United States territories: 
 22.11     (1) this section; 
 22.12     (2) section 609.713; 
 22.13     (3) section 609.224; 
 22.14     (4) section 609.2242; 
 22.15     (5) section 518B.01, subdivision 14; 
 22.16     (6) section 609.748, subdivision 6; 
 22.17     (7) section 609.605, subdivision 1, paragraph (b), clauses 
 22.18  (3), (4), and (7); 
 22.19     (8) section 609.79; 
 22.20     (9) section 609.795; 
 22.21     (10) section 609.582; 
 22.22     (11) section 609.595; or 
 22.23     (12) section 609.765. 
 22.24     (c) When acts constituting a violation of this subdivision 
 22.25  are committed in two or more counties, the accused may be 
 22.26  prosecuted in any county in which one of the acts was committed 
 22.27  for all acts constituting the pattern. 
 22.28     Sec. 19.  Minnesota Statutes 2000, section 611A.201, 
 22.29  subdivision 2, is amended to read: 
 22.30     Subd. 2.  [DIRECTOR'S RESPONSIBILITIES.] The director shall 
 22.31  have the following duties: 
 22.32     (1) advocate for the rights of victims of domestic violence 
 22.33  and sexual assault; 
 22.34     (2) increase public education and visibility about the 
 22.35  prevention of domestic violence and sexual assault; 
 22.36     (3) encourage accountability regarding domestic violence 
 23.1   and sexual assault at all levels of the system, and develop 
 23.2   recommendations to improve accountability when the system fails; 
 23.3      (4) support prosecution and civil litigation efforts 
 23.4   regarding domestic violence and sexual assault at the federal 
 23.5   and state levels; 
 23.6      (5) study issues involving domestic violence and sexual 
 23.7   assault and present findings and recommendations resulting from 
 23.8   these studies to all branches of government; 
 23.9      (6) initiate policy changes regarding domestic violence and 
 23.10  sexual assault at all levels of government; 
 23.11     (6) (7) coordinate existing resources and promote 
 23.12  coordinated and immediate community responses to better serve 
 23.13  victims of domestic violence and sexual assault; 
 23.14     (7) (8) build partnerships among law enforcement, 
 23.15  prosecutors, defenders, advocates, and courts to reduce the 
 23.16  occurrence of domestic violence and sexual assault; 
 23.17     (8) (9) encourage and support the efforts of health care 
 23.18  providers, mental health experts, employers, educators, clergy 
 23.19  members, and others, in raising awareness of and addressing how 
 23.20  to prevent domestic violence and sexual assault; 
 23.21     (9) (10) coordinate and maximize the use of federal, state, 
 23.22  and local resources available to prevent domestic violence and 
 23.23  sexual assault and leverage more resources through grants and 
 23.24  private funding; and 
 23.25     (10) (11) serve as a liaison between the executive director 
 23.26  of the center for crime victim services and the commissioner of 
 23.27  health with regard to the department of health's sexual violence 
 23.28  prevention program funded by federal block grants, and oversee 
 23.29  how this money is spent. 
 23.30     Sec. 20.  [611A.203] [GRANT PROGRAM TO INCREASE SUPERVISION 
 23.31  OF HIGH RISK DOMESTIC ABUSE OFFENDERS.] 
 23.32     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 23.33  corrections shall administer a grant program and make grants to 
 23.34  state and local correctional agencies supervising high risk 
 23.35  domestic abuse offenders. 
 23.36     Subd. 2.  [ELIGIBILITY.] State and local correctional 
 24.1   agencies are eligible to apply for a grant under this section if 
 24.2   they adopt and implement a specialized risk assessment scale to 
 24.3   identify high risk domestic abuse offenders.  This scale may 
 24.4   assess the following risk factors: 
 24.5      (1) the offender's prior offense history, including the 
 24.6   number of prior offenses and victims and the duration of the 
 24.7   offender's prior offense history; 
 24.8      (2) the seriousness of the offense should the offender 
 24.9   reoffend, including the degree of likely force or harm and the 
 24.10  likelihood of the offender to engage in stalking behavior; 
 24.11     (3) the offender's attitude, including motivation to 
 24.12  change, willingness to accept assistance, and willingness to 
 24.13  accept responsibility for the offender's actions; 
 24.14     (4) the offender's response to treatment efforts; 
 24.15     (5) the offender's history of substance abuse; 
 24.16     (6) the availability of community supports to the offender, 
 24.17  including the availability and likelihood that the offender will 
 24.18  be involved in therapeutic treatment; 
 24.19     (7) the offender's familial and social relationships; 
 24.20     (8) the offender's education, employment, and residential 
 24.21  stability; and 
 24.22     (9) other appropriate factors. 
 24.23     Subd. 3.  [REPORT.] By January 15, 2003, the commissioner 
 24.24  of corrections shall report to the legislature on the grants 
 24.25  made under this section.  
 24.26     Sec. 21.  Minnesota Statutes 2000, section 629.72, is 
 24.27  amended to read: 
 24.28     629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR ABUSE, 
 24.29  HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 
 24.30  OF A DOMESTIC ABUSE NO CONTACT ORDER.] 
 24.31     Subdivision 1.  [DEFINITION; ALLOWING DETENTION IN LIEU OF 
 24.32  CITATION; RELEASE DEFINITIONS.] (a) For purposes of this 
 24.33  section, the following terms have the meanings given them.  
 24.34     (b) "Domestic abuse" has the meaning given in section 
 24.35  518B.01, subdivision 2. 
 24.36     (c) "Harassment" has the meaning given in section 609.749. 
 25.1      (d) "Violation of a domestic abuse no contact order" has 
 25.2   the meaning given in section 518B.01, subdivision 22. 
 25.3      (e) "Violation of an order for protection" has the meaning 
 25.4   given in section 518B.01, subdivision 14. 
 25.5      (b)  Subd. 1a.  [ALLOWING DETENTION IN LIEU OF CITATION; 
 25.6   RELEASE.] (a) Notwithstanding any other law or rule, an 
 25.7   arresting officer may not issue a citation in lieu of arrest and 
 25.8   detention to an individual charged with harassment or charged 
 25.9   with, domestic abuse, violation of an order for protection, or 
 25.10  violation of a domestic abuse no contact order. 
 25.11     (c) (b) Notwithstanding any other law or rule, an 
 25.12  individual who is arrested on a charge of harassing any 
 25.13  person or of, domestic abuse, violation of an order for 
 25.14  protection, or violation of a domestic abuse no contact order, 
 25.15  must be brought to the police station or county jail.  The 
 25.16  officer in charge of the police station or the county sheriff in 
 25.17  charge of the jail shall issue a citation in lieu of continued 
 25.18  detention unless it reasonably appears to the officer or sheriff 
 25.19  that detention is necessary to prevent bodily harm to the 
 25.20  arrested person or another, or there is a substantial likelihood 
 25.21  the arrested person will fail to respond to a citation release 
 25.22  of the person (1) poses a threat to the alleged victim or 
 25.23  another family or household member, (2) poses a threat to public 
 25.24  safety, or (3) there is a substantial likelihood the arrested 
 25.25  person will fail to appear at subsequent proceedings. 
 25.26     (d) (c) If the arrested person is not issued a citation by 
 25.27  the officer in charge of the police station or the county 
 25.28  sheriff, the arrested person must be brought before the nearest 
 25.29  available judge of the district court in the county in which the 
 25.30  alleged harassment or, domestic abuse, violation of an order for 
 25.31  protection, or violation of a domestic abuse no contact order 
 25.32  took place without unnecessary delay as provided by court rule. 
 25.33     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
 25.34  before whom the arrested person is brought shall review the 
 25.35  facts surrounding the arrest and detention of a person arrested 
 25.36  for domestic abuse, harassment, violation of an order for 
 26.1   protection, or violation of a domestic abuse no contact order.  
 26.2   The prosecutor or other appropriate person prosecutor's designee 
 26.3   shall present relevant information involving the victim's or the 
 26.4   victim's family's account of the alleged crime to the judge to 
 26.5   be considered in determining the arrested person's release.  The 
 26.6   arrested person must be ordered released pending trial or 
 26.7   hearing on the person's personal recognizance or on an order to 
 26.8   appear or upon the execution of an unsecured bond in a specified 
 26.9   amount unless the judge determines that release (1) will be 
 26.10  inimical to public safety, (2) will create a threat of bodily 
 26.11  harm to the arrested person, the victim of the alleged 
 26.12  harassment or domestic abuse, or another, or (3) will not 
 26.13  reasonably assure the appearance of the arrested person at 
 26.14  subsequent proceedings.  In making a decision concerning 
 26.15  pretrial release of a person arrested for domestic abuse, 
 26.16  harassment, violation of an order for protection, or violation 
 26.17  of a domestic abuse no contact order, the judge shall review the 
 26.18  facts of the arrest and detention of the person and determine 
 26.19  whether:  (i) release of the person poses a threat to the 
 26.20  alleged victim, another family or household member, or public 
 26.21  safety; or (ii) there is a substantial likelihood the person 
 26.22  will fail to appear at subsequent proceedings.  Before releasing 
 26.23  a person arrested for or charged with a crime of domestic abuse, 
 26.24  harassment, violation of an order for protection, or violation 
 26.25  of a domestic abuse no contact order, the judge shall make 
 26.26  findings on the record, to the extent possible, concerning the 
 26.27  determination made in accordance with the factors specified in 
 26.28  items (i) and (ii).  The judge may impose conditions of release 
 26.29  or bail, or both, on the person to protect the alleged victim or 
 26.30  other family or household members and to ensure the appearance 
 26.31  of the person at subsequent proceedings.  These conditions may 
 26.32  include an order: 
 26.33     (1) enjoining the person from threatening to commit or 
 26.34  committing acts of domestic abuse or harassment against the 
 26.35  alleged victim or other family or household members or from 
 26.36  violating an order for protection or a domestic abuse no contact 
 27.1   order; 
 27.2      (2) prohibiting the person from harassing, annoying, 
 27.3   telephoning, contacting, or otherwise communicating with the 
 27.4   alleged victim, either directly or indirectly; 
 27.5      (3) directing the person to vacate or stay away from the 
 27.6   home of the alleged victim and to stay away from any other 
 27.7   location where the alleged victim is likely to be; 
 27.8      (4) prohibiting the person from possessing a firearm or 
 27.9   other weapon specified by the court; 
 27.10     (5) prohibiting the person from possessing or consuming 
 27.11  alcohol or controlled substances; and 
 27.12     (6) specifying any other matter required to protect the 
 27.13  safety of the alleged victim and to ensure the appearance of the 
 27.14  person at subsequent proceedings.  
 27.15     (b) If the judge determines release is not advisable, the 
 27.16  judge may impose any conditions of release that will reasonably 
 27.17  assure the appearance of the person for subsequent proceedings, 
 27.18  or will protect the victim of the alleged harassment or domestic 
 27.19  abuse, or may fix the amount of money bail without other 
 27.20  conditions upon which the arrested person may obtain release.  
 27.21  If conditions of release are imposed, the judge shall issue a 
 27.22  written order for conditional release.  The court administrator 
 27.23  shall immediately distribute a copy of the order for conditional 
 27.24  release to the agency having custody of the arrested person and 
 27.25  shall provide the agency having custody of the arrested person 
 27.26  with any available information on the location of the victim in 
 27.27  a manner that protects the victim's safety.  Either the court or 
 27.28  its designee or the agency having custody of the arrested person 
 27.29  shall serve upon the defendant a copy of the order.  Failure to 
 27.30  serve the arrested person with a copy of the order for 
 27.31  conditional release does not invalidate the conditions of 
 27.32  release. 
 27.33     (c) If the judge imposes as a condition of release a 
 27.34  requirement that the person have no contact with the alleged 
 27.35  victim of the alleged harassment or domestic abuse, the judge 
 27.36  may also, on its own motion or that of the prosecutor or on 
 28.1   request of the victim, issue an ex parte temporary restraining 
 28.2   order under section 609.748, subdivision 4, or an ex parte 
 28.3   temporary order for protection under section 518B.01, 
 28.4   subdivision 7.  Notwithstanding section 518B.01, subdivision 7, 
 28.5   paragraph (b), or 609.748, subdivision 4, paragraph (c), the 
 28.6   temporary order is effective until the defendant is convicted or 
 28.7   acquitted, or the charge is dismissed, provided that upon 
 28.8   request the defendant is entitled to a full hearing on the 
 28.9   restraining order under section 609.748, subdivision 5, or on 
 28.10  the order for protection under section 518B.01.  The hearing 
 28.11  must be held within seven days of the defendant's request. 
 28.12     Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
 28.13  PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
 28.14  adopted standards governing electronic monitoring devices used 
 28.15  to protect victims of domestic abuse, the court, as a condition 
 28.16  of release, may not order a person arrested for a crime 
 28.17  described in section 609.135, subdivision 5a, paragraph (b), to 
 28.18  use an electronic monitoring device to protect a victim's safety.
 28.19     (b) Notwithstanding paragraph (a), district courts in the 
 28.20  tenth judicial district may order, as a condition of a release, 
 28.21  a person arrested on a charge of a crime described in section 
 28.22  609.135, subdivision 5a, paragraph (b), to use an electronic 
 28.23  monitoring device to protect the victim's safety.  The courts 
 28.24  shall make data on the use of electronic monitoring devices to 
 28.25  protect a victim's safety in the tenth judicial district 
 28.26  available to the commissioner of corrections to evaluate and to 
 28.27  aid in development of standards for the use of devices to 
 28.28  protect victims of domestic abuse.  
 28.29     Subd. 3.  [RELEASE.] If the arrested person is not issued a 
 28.30  citation by the officer in charge of the police station or the 
 28.31  county sheriff pursuant to subdivision 1, and is not brought 
 28.32  before a judge within the time limits prescribed by court rule, 
 28.33  the arrested person shall be released by the arresting 
 28.34  authorities, and a citation must be issued in lieu of continued 
 28.35  detention. 
 28.36     Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
 29.1   PROTECTION.] If a restraining order is issued under section 
 29.2   609.748 or an order for protection is issued under section 
 29.3   518B.01 while the arrested person is still in detention, the 
 29.4   order must be served upon the arrested person during detention 
 29.5   if possible. 
 29.6      Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
 29.7   who released the arrested person shall issue a warrant directing 
 29.8   that the person be arrested and taken immediately before the 
 29.9   judge, if the judge: 
 29.10     (1) receives an application alleging that the arrested 
 29.11  person has violated the conditions of release; and 
 29.12     (2) finds that probable cause exists to believe that the 
 29.13  conditions of release have been violated. 
 29.14     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 29.15  (a) Immediately after issuance of a citation in lieu of 
 29.16  continued detention under subdivision 1, or the entry of an 
 29.17  order for release under subdivision 2, but before the arrested 
 29.18  person is released, the agency having custody of the arrested 
 29.19  person or its designee must make a reasonable and good faith 
 29.20  effort to inform orally the alleged victim, local law 
 29.21  enforcement agencies known to be involved in the case, if 
 29.22  different from the agency having custody, and, at the victim's 
 29.23  request any local battered women's and domestic abuse programs 
 29.24  established under section 611A.32 or sexual assault programs of: 
 29.25     (1) the conditions of release, if any; 
 29.26     (2) the time of release; 
 29.27     (3) the time, date, and place of the next scheduled court 
 29.28  appearance of the arrested person and the victim's right to be 
 29.29  present at the court appearance; and 
 29.30     (4) if the arrested person is charged with domestic abuse, 
 29.31  the location and telephone number of the area battered women's 
 29.32  shelter as designated by the department of corrections. 
 29.33     (b) As soon as practicable after an order for conditional 
 29.34  release is entered, the agency having custody of the arrested 
 29.35  person or its designee must personally deliver or mail to the 
 29.36  alleged victim a copy of the written order and written notice of 
 30.1   the information in paragraph (a), clauses (2) and (3). 
 30.2      Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
 30.3   person arrested for or a juvenile detained for domestic assault 
 30.4   or harassment is scheduled to be reviewed under subdivision 2 
 30.5   for release from pretrial detention, the court shall make a 
 30.6   reasonable good faith effort to notify:  (1) the victim of the 
 30.7   alleged crime; (2) if the victim is incapacitated or deceased, 
 30.8   the victim's family; and (3) if the victim is a minor, the 
 30.9   victim's parent or guardian.  The notification must include: 
 30.10     (a) the date and approximate time of the review; 
 30.11     (b) the location where the review will occur; 
 30.12     (c) the name and telephone number of a person that can be 
 30.13  contacted for additional information; and 
 30.14     (d) a statement that the victim and the victim's family may 
 30.15  attend the review. 
 30.16     Sec. 22.  [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC 
 30.17  VIOLENCE AND SEXUAL ASSAULT PREVENTION.] 
 30.18     The interagency task force on domestic violence and sexual 
 30.19  assault prevention is directed to study issues related to gender 
 30.20  and domestic violence and to assess the needs of male victims of 
 30.21  domestic violence.  By January 15, 2002, the director of 
 30.22  prevention of domestic violence and sexual assault shall report 
 30.23  to the chairs and ranking minority members of the house and 
 30.24  senate committees with jurisdiction over criminal justice policy 
 30.25  and funding on the task force's study, findings, and 
 30.26  recommendations. 
 30.27     Sec. 23.  [APPROPRIATIONS.] 
 30.28     Subdivision 1.  [CORRECTIONS.] $5,000,000 is appropriated 
 30.29  from the general fund to the commissioner of corrections for a 
 30.30  grant program to increase supervision of high risk domestic 
 30.31  abuse offenders who are on probation, conditional release, or 
 30.32  supervised release by means of caseload reduction.  The grants 
 30.33  shall be used to reduce the number of offenders supervised by 
 30.34  officers with specialized caseloads to an average of 35 
 30.35  offenders.  This appropriation is available for the biennium 
 30.36  ending June 30, 2003. 
 31.1      Subd. 2.  [PUBLIC SAFETY.] (a) $300,000 is appropriated 
 31.2   from the general fund to the commissioner of public safety for 
 31.3   grants to organizations to monitor and track judicial responses 
 31.4   to domestic assault cases in three judicial districts. 
 31.5      (b) $246,000 is appropriated from the general fund to the 
 31.6   commissioner of public safety for grants to community advocacy 
 31.7   and outreach programs under Minnesota Statutes, section 611A.32, 
 31.8   to provide services in unserved and underserved counties.  
 31.9   Programs serving small rural counties are encouraged to combine 
 31.10  resources to serve multiple counties.  
 31.11     (c) $100,000 is appropriated from the general fund to the 
 31.12  commissioner of public safety for grants to enable programs to 
 31.13  provide safe housing and services to men who are domestic abuse 
 31.14  victims and their children.  
 31.15     (d) $7,500,000 is appropriated from the general fund to the 
 31.16  commissioner of public safety for per diem funding for shelters 
 31.17  under Minnesota Statutes, section 611A.32, and for safe homes. 
 31.18     (e) $....... is appropriated from the general fund to the 
 31.19  commissioner of public safety for grants for criminal justice 
 31.20  intervention programs.  
 31.21     (f) The appropriations in this subdivision are available 
 31.22  for the biennium ending June 30, 2003. 
 31.23     Sec. 24.  [REPEALER.] 
 31.24     Minnesota Statutes 2000, section 609.2244, subdivision 4, 
 31.25  is repealed. 
 31.26     Sec. 25.  [EFFECTIVE DATES.] 
 31.27     Sections 4, 10 to 14, and 16 to 18 are effective August 1, 
 31.28  2001, and apply to crimes committed on or after that date.  The 
 31.29  remaining sections are effective July 1, 2001.