SF 1523

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

  1.1                          A bill for an act 
  1.2             relating to domestic violence; providing for a 
  1.3             domestic fatality review team pilot project; 
  1.4             authorizing grants for organizations to monitor 
  1.5             certain criminal court cases; appropriating money. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT.] 
  1.8      Subdivision 1.  [PILOT PROJECT AUTHORIZED; PURPOSE.] The 
  1.9   fourth judicial district may establish a domestic fatality 
  1.10  review team as a 30-month pilot project to review domestic 
  1.11  violence deaths that have occurred in the district.  The purpose 
  1.12  of the review team is to assess domestic violence deaths in 
  1.13  order to develop recommendations for policies and protocols for 
  1.14  community prevention and intervention initiatives to reduce and 
  1.15  eliminate the incidence of domestic violence and resulting 
  1.16  fatalities. 
  1.17     Subd. 2.  [DEFINITION OF DOMESTIC VIOLENCE 
  1.18  DEATH.] "Domestic violence death" means a homicide or suicide 
  1.19  under any of the following circumstances: 
  1.20     (1) the alleged perpetrator and victim resided together at 
  1.21  any time; 
  1.22     (2) the alleged perpetrator and victim have a child in 
  1.23  common, regardless of whether they were married or lived 
  1.24  together at any time; 
  1.25     (3) the alleged perpetrator and victim were married, 
  2.1   separated, or divorced; 
  2.2      (4) the alleged perpetrator and victim had a sexual 
  2.3   relationship or a significant romantic relationship; 
  2.4      (5) the alleged perpetrator had been stalking the victim; 
  2.5      (6) the homicide victim lived in the same household, was 
  2.6   present in the workplace of, was in proximity of, or was related 
  2.7   by blood or affinity to a victim who experienced or was 
  2.8   threatened with domestic abuse by the alleged perpetrator; 
  2.9      (7) the victim or the perpetrator was a child of a person 
  2.10  in a relationship that is described within this definition; or 
  2.11     (8) any other circumstances that the domestic fatality 
  2.12  review team decides falls within the parameters of its mission. 
  2.13     "Domestic violence death" must be interpreted broadly to 
  2.14  give the domestic fatality review team discretion to review 
  2.15  fatalities that have occurred both directly and peripherally to 
  2.16  domestic relationships. 
  2.17     Subd. 3.  [MEMBERSHIP.] (a) The chief judge, in 
  2.18  consultation with the family violence coordinating council, 
  2.19  shall appoint the members of the domestic fatality review team.  
  2.20  Membership must reflect a commitment to diversity and relevant 
  2.21  professional experience.  The review team members must include: 
  2.22     (1) the medical examiner; 
  2.23     (2) a judicial court officer (judge or referee); 
  2.24     (3) a county and city attorney and a public defender; 
  2.25     (4) the county sheriff and a peace officer; 
  2.26     (5) a representative from family court services and the 
  2.27  department of corrections; 
  2.28     (6) a physician familiar with domestic violence issues; 
  2.29     (7) a representative from district court administration and 
  2.30  the domestic abuse service center; 
  2.31     (8) a public citizen representative or a representative 
  2.32  from a civic organization; 
  2.33     (9) a mental health professional; and 
  2.34     (10) domestic violence advocates or shelter workers. 
  2.35     (b) There must be at least three domestic violence 
  2.36  advocates or shelter workers on the domestic fatality review 
  3.1   team.  No two members may represent the same agency.  Members 
  3.2   representing advocates or shelters must be selected by the 
  3.3   advocacy community.  At least one position must be designated 
  3.4   for a minority representative and one position must rotate in 
  3.5   order to include an advocate from the community in which the 
  3.6   fatality under review took place. 
  3.7      (c) The domestic fatality review team may also invite other 
  3.8   relevant persons to serve on an ad hoc basis and participate as 
  3.9   full members of the review team for a particular review.  These 
  3.10  persons may include, but are not limited to: 
  3.11     (1) individuals with particular expertise that would be 
  3.12  helpful to the review panel; or 
  3.13     (2) representatives of organizations or agencies that had 
  3.14  contact with or provided services to the homicide victim, or to 
  3.15  the alleged perpetrator, a victim who experienced or was 
  3.16  threatened with domestic abuse by the alleged perpetrator, or a 
  3.17  family member of one of those individuals. 
  3.18     Subd. 4.  [DUTIES; ACCESS TO DATA.] (a) The domestic 
  3.19  fatality review team shall collect, review, and analyze death 
  3.20  certificates and death data, including investigative reports; 
  3.21  medical and counseling records; victim service records; 
  3.22  employment records; child abuse reports; or other information 
  3.23  concerning domestic violence deaths; survivor interviews and 
  3.24  surveys; and other information deemed by the team as necessary 
  3.25  and appropriate concerning the causes and manner of domestic 
  3.26  violence deaths. 
  3.27     (b) As part of any review, the domestic fatality review 
  3.28  team may compel the production of records by applying to the 
  3.29  district court for a subpoena, which will be effective 
  3.30  throughout the state according to the rules of civil procedure.  
  3.31  The review team has access to the following not public data, as 
  3.32  defined in Minnesota Statutes, section 13.02, subdivision 8a, 
  3.33  relating to a case being reviewed by the team:  police 
  3.34  investigative data; autopsy records and coroner or medical 
  3.35  examiner investigative data; hospital, public health, or other 
  3.36  medical records of the victim; and records created by social 
  4.1   service agencies that provided services to the victim, the 
  4.2   alleged perpetrator, or another victim who experienced or was 
  4.3   threatened with domestic abuse by the perpetrator.  Access to 
  4.4   medical records under this paragraph also includes records 
  4.5   governed by Minnesota Statutes, section 144.335. 
  4.6      Subd. 5.  [CONFIDENTIALITY; DATA PRIVACY.] A person 
  4.7   attending a domestic fatality review team meeting may not 
  4.8   disclose what transpired at the meeting, except to carry out the 
  4.9   purposes of the review team.  The proceedings and records of the 
  4.10  review team are protected nonpublic data as defined in Minnesota 
  4.11  Statutes, section 13.02, subdivision 13, regardless of their 
  4.12  classification in the hands of the person who provided the data, 
  4.13  and are not subject to discovery or introduction into evidence 
  4.14  in a civil or criminal action against a professional, the state 
  4.15  or a county agency, arising out of the matters the team is 
  4.16  reviewing.  Information, documents, and records otherwise 
  4.17  available from other sources are not immune from discovery or 
  4.18  use in a civil or criminal action solely because they were 
  4.19  presented during proceedings of the review team.  This section 
  4.20  does not limit a person who presented information before the 
  4.21  review team or who is a member of the panel from testifying 
  4.22  about matters within the person's knowledge.  However, in a 
  4.23  civil or criminal proceeding, a person may not be questioned 
  4.24  about the person's presentation of information to the review 
  4.25  team or opinions formed by the person as a result of the review 
  4.26  team meetings. 
  4.27     Subd. 6.  [IMMUNITY.] Members of the fourth judicial 
  4.28  district domestic fatality advisory board, members of the 
  4.29  domestic fatality review team, and members of each review panel, 
  4.30  as well as their agents or employees, are immune from claims and 
  4.31  are not subject to any suits, liability, damages, or any other 
  4.32  recourse, civil or criminal, arising from any act, proceeding, 
  4.33  decision, or determination undertaken or performed or 
  4.34  recommendation made by the domestic fatality review team, 
  4.35  provided they acted in good faith and without malice in carrying 
  4.36  out their responsibilities.  Good faith is presumed until proven 
  5.1   otherwise and the complainant has the burden of proving malice 
  5.2   or a lack of good faith.  No organization, institution, or 
  5.3   person furnishing information, data, testimony, reports, or 
  5.4   records to the domestic fatality review team as part of an 
  5.5   investigation is civilly or criminally liable or subject to any 
  5.6   other recourse for providing the information. 
  5.7      Subd. 7.  [EVALUATION AND REPORT.] (a) The domestic 
  5.8   fatality review team shall develop a system for evaluating the 
  5.9   effectiveness of its program and shall focus on identifiable 
  5.10  goals and outcomes.  An evaluation must include data components 
  5.11  as well as input from individuals involved in the review process.
  5.12     (b) The domestic fatality review team shall issue two 
  5.13  annual reports to the legislature during the pilot project; one 
  5.14  on or before December 31, 2000, and one on or before December 
  5.15  31, 2001.  The reports must consist of the written aggregate 
  5.16  recommendations of the domestic fatality review team without 
  5.17  reference to specific cases.  The December 31, 2001, report must 
  5.18  include recommendations for legislation.  The reports must be 
  5.19  available upon request and distributed to the governor, attorney 
  5.20  general, supreme court, county board, and district court. 
  5.21     Sec. 2.  [COURT MONITORING GRANT PROGRAM.] 
  5.22     Subdivision 1.  [GRANT PROGRAM ESTABLISHED.] The executive 
  5.23  director of the center for crime victim services shall 
  5.24  administer a grant program to award the grants described in this 
  5.25  section.  All grants must require the grant recipient to match 
  5.26  at least 20 percent of the grant.  The executive director shall 
  5.27  attempt to disperse the grants evenly throughout the state and 
  5.28  attempt to award a grant to an applicant in each judicial 
  5.29  district. 
  5.30     Subd. 2.  [GRANTS DESCRIBED.] The executive director shall 
  5.31  award a grant or grants to an existing nonprofit volunteer-based 
  5.32  organization in the fourth judicial district that works to 
  5.33  improve how the criminal justice system handles cases of 
  5.34  domestic abuse, child abuse and neglect, and sexual assault 
  5.35  through the use of court monitoring, conducting research, and 
  5.36  increasing public awareness of criminal justice issues.  This 
  6.1   grant or grants must be used by the organization for operating 
  6.2   expenses and to expand its services, if feasible.  The executive 
  6.3   director shall also award grants to nonprofit volunteer and 
  6.4   community-based organizations to begin monitoring and working to 
  6.5   improve how the criminal justice system handles cases of 
  6.6   domestic abuse, child abuse and neglect, and sexual assault 
  6.7   within the judicial districts where the organizations are 
  6.8   located.  An organization receiving this grant shall attempt to 
  6.9   attend relevant court proceedings, conduct relevant research, 
  6.10  and increase public awareness of criminal justice issues.  In 
  6.11  addition, the organization shall have an advisory board 
  6.12  consisting of local elected officials and individuals familiar 
  6.13  with the criminal justice system. 
  6.14     Subd. 3.  [REQUIRED REPORT.] By January 15, 2002, the 
  6.15  executive director shall report to the chairs and ranking 
  6.16  minority members of the committees or divisions having 
  6.17  jurisdiction over criminal justice funding on the grants awarded 
  6.18  under this section.  The report must include information on the 
  6.19  organizations selected as grant recipients and the activities 
  6.20  funded by the grants. 
  6.21     Sec. 3.  [APPROPRIATIONS.] 
  6.22     Subdivision 1.  [PUBLIC SAFETY.] $145,000 is appropriated 
  6.23  for the fiscal year ending June 30, 2000, from the general fund 
  6.24  to the commissioner of public safety for purposes of making a 
  6.25  grant to the family violence coordinating council in the fourth 
  6.26  judicial district for the development of a plan and the 
  6.27  evaluation and report by the domestic fatality review team under 
  6.28  section 1.  This appropriation is available until June 30, 2001. 
  6.29     Subd. 2.  [CENTER FOR CRIME VICTIM SERVICES.] $250,000 is 
  6.30  appropriated for the fiscal year ending June 30, 2000, and 
  6.31  $250,000 is appropriated for the fiscal year ending June 30, 
  6.32  2001, from the general fund to the executive director of the 
  6.33  center for crime victim services for the grants described in 
  6.34  section 2.