as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; creating the Minnesota 1.3 center for crime victim services; providing for its 1.4 duties; transferring powers and duties of the 1.5 commissioners of corrections and public safety 1.6 relating to victim services to the Minnesota center 1.7 for crime victim services; authorizing the director of 1.8 the Minnesota center for crime victim services to 1.9 provide and administer grants-in-aid for sexual 1.10 violence, battered women, and general crime victim 1.11 programs in consultation with the battered women's 1.12 advisory council, sexual assault advisory council, and 1.13 the general crime advisory council; amending Minnesota 1.14 Statutes 1998, sections 609.3241; 609.605, subdivision 1.15 2; 609.7495, subdivision 1; 611A.01; 611A.0311, 1.16 subdivision 3; 611A.07, subdivision 1; 611A.25; 1.17 611A.32; 611A.34; 611A.35; 611A.36; 611A.361; 611A.55; 1.18 611A.57, subdivision 3; 611A.675, subdivision 1; 1.19 611A.71; and 611A.76; proposing coding for new law in 1.20 Minnesota Statutes, chapter 611A; repealing Minnesota 1.21 Statutes 1998, sections 611A.21; 611A.22; 611A.221; 1.22 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; and 1.23 611A.78. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 Section 1. [LEGISLATIVE INTENT.] 1.26 The legislature recognizes the legitimacy of and continuing 1.27 need for providing crime-specific services to crime victims. 1.28 The legislature further recognizes the importance of the 1.29 involvement of victims, victim advocates, criminal justice 1.30 personnel, and the community in these programs. It is the 1.31 intent of the legislature to preserve this involvement while 1.32 simultaneously providing for a more streamlined and efficient 1.33 process. 1.34 Sec. 2. Minnesota Statutes 1998, section 609.3241, is 2.1 amended to read: 2.2 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 2.3 When a court sentences an adult convicted of violating 2.4 section 609.322 or 609.324, while acting other than as a 2.5 prostitute, the court shall impose an assessment of not less 2.6 than $250 and not more than $500 for a violation of section 2.7 609.324, subdivision 2, or a misdemeanor violation of section 2.8 609.324, subdivision 3; otherwise the court shall impose an 2.9 assessment of not less than $500 and not more than $1,000. The 2.10 mandatory minimum portion of the assessment is to be used for 2.11 the purposes described in section 626.558, subdivision 2a, and 2.12 is in addition to the surcharge required by section 357.021, 2.13 subdivision 6. Any portion of the assessment imposed in excess 2.14 of the mandatory minimum amount shall be forwarded to the 2.15 general fund and is appropriated annually to thecommissioner of2.16correctionsMinnesota center for crime victim services. 2.17 Thecommissionerdirector of the center, with the assistance of 2.18 thegeneral crime victimsbattered women advisory council, shall 2.19 use money received under this section for grants to agencies 2.20 that provide assistance to individuals who have stopped or wish 2.21 to stop engaging in prostitution. Grant money may be used to 2.22 provide these individuals with medical care, child care, 2.23 temporary housing, and educational expenses. 2.24 Sec. 3. Minnesota Statutes 1998, section 609.605, 2.25 subdivision 2, is amended to read: 2.26 Subd. 2. [GROSS MISDEMEANOR.] Whoever trespasses upon the 2.27 grounds of a facility providing emergency shelter services for 2.28 battered women, as defined under section611A.31, subdivision 32.29 611A.01, or of a facility providing transitional housing for 2.30 battered women and their children, without claim of right or 2.31 consent of one who has right to give consent, and refuses to 2.32 depart from the grounds of the facility on demand of one who has 2.33 right to give consent, is guilty of a gross misdemeanor. 2.34 Sec. 4. Minnesota Statutes 1998, section 609.7495, 2.35 subdivision 1, is amended to read: 2.36 Subdivision 1. [DEFINITIONS.] For the purposes of this 3.1 section, the following terms have the meanings given them. 3.2 (a) "Facility" means any of the following: 3.3 (1) a hospital or other health institution licensed under 3.4 sections 144.50 to 144.56; 3.5 (2) a medical facility as defined in section 144.561; 3.6 (3) an agency, clinic, or office operated under the 3.7 direction of or under contract with the commissioner of health 3.8 or a community health board, as defined in section 145A.02; 3.9 (4) a facility providing counseling regarding options for 3.10 medical services or recovery from an addiction; 3.11 (5) a facility providing emergency shelter services for 3.12 battered women, as defined in section611A.31, subdivision 33.13 611A.01, or a facility providing transitional housing for 3.14 battered women and their children; 3.15 (6) a facility as defined in section 626.556, subdivision 3.16 2, paragraph (f); 3.17 (7) a facility as defined in section 626.5572, subdivision 3.18 6, where the services described in that paragraph are provided; 3.19 (8) a place to or from which ambulance service, as defined 3.20 in section 144E.001, is provided or sought to be provided; and 3.21 (9) a hospice program licensed under section 144A.48. 3.22 (b) "Aggrieved party" means a person whose access to or 3.23 egress from a facility is obstructed in violation of subdivision 3.24 2, or the facility. 3.25 Sec. 5. Minnesota Statutes 1998, section 611A.01, is 3.26 amended to read: 3.27 611A.01 [DEFINITIONS.] 3.28For the purposes of sections 611A.01 to 611A.06:3.29 Subdivision 1. [APPLICABILITY.] The definitions in this 3.30 section apply to this chapter. 3.31 Subd. 2. [ADVOCACY.] "Advocacy" means action taken on 3.32 behalf of a victim in accordance with the self-defined needs of 3.33 the victim. 3.34 Subd. 3. [ADVOCACY PROGRAMS.] "Advocacy programs" means 3.35 programs that act on behalf of victims and provide an array of 3.36 services including, but not limited to, support services, 4.1 community education and professional training, and systems 4.2 change activities. 4.3 Subd. 4. [BATTERED WOMAN.] "Battered woman" means a woman 4.4 who is being or has been victimized by domestic abuse as defined 4.5 in section 518B.01, subdivision 2. 4.6 Subd. 5. [COMMUNITY EDUCATION AND PROFESSIONAL 4.7 TRAINING.] "Community education and professional training" 4.8 includes, but is not limited to, training on sexual violence, 4.9 battering and domestic violence, or general crime victims; 4.10 ongoing direct supervision and training for all paid and unpaid 4.11 advocacy program staff; community education about victim needs; 4.12 the nature, scope, and root causes of victimization, and about 4.13 the availability of advocacy programs; and responding to the 4.14 training needs of the public, criminal justice system 4.15 professionals, and other community agencies and organizations. 4.16(a)Subd. 6. [CRIME.] "Crime" means conduct that is 4.17 prohibited by local ordinance and results in bodily harm to an 4.18 individual; or conduct that is included within the definition of 4.19 "crime" in section 609.02, subdivision 1, or would be included 4.20 within that definition but for the fact that (i) the person 4.21 engaging in the conduct lacked capacity to commit the crime 4.22 under the laws of this state, or (ii) the act was alleged or 4.23 found to have been committed by a juvenile;. 4.24(b) "Victim" means a natural person who incurs loss or harm4.25as a result of a crime, including a good faith effort to prevent4.26a crime, and for purposes of sections 611A.04 and 611A.045, also4.27includes (i) a corporation that incurs loss or harm as a result4.28of a crime, (ii) a government entity that incurs loss or harm as4.29a result of a crime, and (iii) any other entity authorized to4.30receive restitution under section 609.10 or 609.125. If the4.31victim is a natural person and is deceased, "victim" means the4.32deceased's surviving spouse or next of kin; and4.33 Subd. 7. [EMERGENCY SHELTER SERVICES.] "Emergency shelter 4.34 services" include, but are not limited to, secure crisis 4.35 shelters for battered women and housing networks for battered 4.36 women. 5.1 Subd. 8. [GENERAL CRIME.] "General crime" means any crime 5.2 which is not already included in the definitions of sexual 5.3 assault, battered women, or abused children. 5.4(c)Subd. 9. [JUVENILE.] "Juvenile" has thesamemeaning 5.5asgiven to the term "child" in section 260.015, subdivision 2. 5.6 Subd. 10. [SEXUAL ASSAULT.] "Sexual assault" means any act 5.7 of sexual violence including, but not limited to, acts falling 5.8 under criminal sexual conduct as defined in sections 609.342 to 5.9 609.3451, and other civil and criminal violations which involve 5.10 nonconsensual verbal or physical sexual activity or sexual 5.11 exploitation. 5.12 Subd. 11. [SUPPORT SERVICES.] "Support services" includes, 5.13 but is not limited to, counseling, transportation, child care, 5.14 24-hour information and referral, and accompaniment during 5.15 contacts with criminal justice and human services agencies; 5.16 consultations with other organizations regarding specific cases; 5.17 safe housing; assistance with accessing crime victim 5.18 compensation; assistance in pursuing civil, criminal, and family 5.19 court remedies; and access to support groups or informal group 5.20 activities. 5.21 Subd. 12. [SYSTEMS CHANGE.] "Systems change" includes, but 5.22 is not limited to, protocol and policy development to improve 5.23 the systems and community responsiveness to the needs of 5.24 survivors of sexual violence, battered women, or general crime 5.25 victims and to initiate and participate in prevention. 5.26 Subd. 13. [VICTIM.] "Victim" means a natural person who 5.27 incurs loss or harm as a result of a crime, including a good 5.28 faith effort to prevent a crime, and for purposes of sections 5.29 611A.04 and 611A.045, also includes (1) a corporation that 5.30 incurs loss or harm as a result of a crime, (2) a government 5.31 entity that incurs loss or harm as a result of a crime, and (3) 5.32 any other entity authorized to receive restitution under section 5.33 609.10 or 609.125. If the victim is a natural person and is 5.34 deceased, victim means the deceased's surviving spouse or next 5.35 of kin. 5.36 Sec. 6. Minnesota Statutes 1998, section 611A.0311, 6.1 subdivision 3, is amended to read: 6.2 Subd. 3. [NOTICE FILED WITH DEPARTMENT OF PUBLIC SAFETY.] 6.3 Each city and county attorney shall file a notice that a 6.4 prosecution plan has been adopted with the commissioner of 6.5 public safety by June 1, 1994. Prosecution plans shall be kept 6.6 on file with the Minnesota center for crime victim services. 6.7 The director of the center, in consultation with the battered 6.8 women advisory council, shall evaluate the effectiveness of the 6.9 prosecution plan pilot program. 6.10 Sec. 7. Minnesota Statutes 1998, section 611A.07, 6.11 subdivision 1, is amended to read: 6.12 Subdivision 1. [GENERALLY.] The commissioner of 6.13 corrections, after considering the recommendations of the 6.14 battered women advisory council and the sexual assault advisory 6.15 council, and in collaboration with the commissioner of public 6.16 safety and the director of the Minnesota center for crime victim 6.17 services, shall adopt standards governing electronic monitoring 6.18 devices used to protect victims of domestic abuse. In 6.19 developing proposed standards, the commissioner shall consider 6.20 the experience of the courts in the tenth judicial district in 6.21 the use of the devices to protect victims of domestic abuse. 6.22 These standards shall promote the safety of the victim and shall 6.23 include measures to avoid the disparate use of the device with 6.24 communities of color, product standards, monitoring agency 6.25 standards, and victim disclosure standards. 6.26 Sec. 8. [611A.201] [MINNESOTA CENTER FOR CRIME VICTIM 6.27 SERVICES; CREATION; ORGANIZATION.] 6.28 The Minnesota center for crime victim services is created, 6.29 for budgetary and administrative purposes, as an independent 6.30 office. The governor shall appoint the director as chief 6.31 executive officer of the center. The director shall serve in 6.32 the unclassified service at the pleasure of the governor. The 6.33 governor shall fill any vacancy in the office of director. 6.34 Sec. 9. [611A.202] [DUTIES.] 6.35 The director of the Minnesota center for crime victim 6.36 services shall: 7.1 (1) manage the office and define the duties of employees 7.2 and delegate to them any of the director's powers, duties, and 7.3 responsibilities, subject to the director's control and the 7.4 conditions the director prescribes; 7.5 (2) establish and maintain administrative units necessary 7.6 to perform administrative functions common to all units of the 7.7 office; 7.8 (3) transfer authorized positions and personnel between the 7.9 units as necessary to staff those units; 7.10 (4) coordinate interagency cooperation in the provision of 7.11 services to victims and witnesses; 7.12 (5) award grants to programs after considering 7.13 recommendations of the advisory councils; 7.14 (6) appoint members of the advisory councils; and 7.15 (7) adopt rules necessary to implement the duties of the 7.16 director described in this chapter. 7.17 Sec. 10. [611A.203] [SUPPORT SERVICES FOR CENTER.] 7.18 The department of public safety shall provide the Minnesota 7.19 center for crime victim services with fiscal, administrative, 7.20 human resources, and technological support services. 7.21 Sec. 11. [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 7.22 The director shall consider recommendations of the 7.23 appropriate advisory council before awarding grants or adopting 7.24 rules, policies, or procedures regarding the planning, 7.25 development, data collection, funding, or evaluation of programs 7.26 and services for victims. Notification of grant award decisions 7.27 shall be given to the advisory council in time to allow the 7.28 council to request reconsideration. 7.29 Sec. 12. [611A.205] [CONFLICTS OF INTEREST.] 7.30 A member of a grant review panel for the center shall be 7.31 excluded from participating in all aspects of grant review and 7.32 recommendations concerning a grant application and any grant 7.33 applications in the corresponding competitive category if the 7.34 member: 7.35 (1) serves or has served at any time during the past three 7.36 years as an employee, volunteer, paid consultant, or governing 8.1 board member of an organization whose application is being 8.2 reviewed; 8.3 (2) has a financial interest in the funding of the 8.4 applicant organization; or 8.5 (3) has a relative, spouse, or partner affiliated with an 8.6 applicant organization or project. 8.7 Any staff member with a conflict of interest may take part 8.8 in the overall review process, but may not rate or take part in 8.9 discussions about funding for the program for which they have a 8.10 conflict of interest. 8.11 Sec. 13. [611A.206] [DUTIES OF GRANTEES.] 8.12 Every public or private nonprofit agency and tribal 8.13 government which receives a grant from the center to provide 8.14 direct advocacy services shall comply with all rules, policies, 8.15 and procedures of the center related to the administration of 8.16 the programs. 8.17 Sec. 14. [611A.225] [SEXUAL ASSAULT PROGRAMS.] 8.18 Subdivision 1. [GRANTS AWARDED.] The director of the 8.19 Minnesota center for crime victim services, in consultation with 8.20 the sexual assault advisory council, shall award grants-in-aid 8.21 to programs which provide direct advocacy, support services, 8.22 community education, professional training, and systems change 8.23 activities. In addition to administering grants-in-aid to 8.24 programs, the director shall also award grants for resources, 8.25 training, and technical assistance to improve the response of 8.26 law enforcement, prosecutors, the criminal justice system, 8.27 medical providers, and other community agencies or organizations 8.28 which interact with sexual assault victims; to develop and 8.29 implement educational programs to increase public awareness of 8.30 the nature, scope, and root causes of sexual violence, and the 8.31 dynamics of victimization; to develop the capacity of programs 8.32 to meet the needs of sexual assault victims; and to develop and 8.33 implement sexual assault prevention initiatives. 8.34 Subd. 2. [APPLICATIONS.] Public or private nonprofit 8.35 agencies and tribal governments may apply to the director for a 8.36 grant to provide direct advocacy services. The application 9.1 shall be submitted in a form approved by the director, after 9.2 consultation with the advisory council and shall include: 9.3 (1) a proposal for the provision of services as requested 9.4 in the application; 9.5 (2) a proposed budget; 9.6 (3) evidence of an ability to integrate into the proposed 9.7 program the uniform method of data collection and program 9.8 evaluation; 9.9 (4) evidence of an ability to represent the interests of 9.10 victims of sexual assault to local law enforcement agencies, 9.11 courts, and other public and private community agencies; 9.12 (5) evidence of an ability to do outreach to unserved and 9.13 underserved populations and to provide culturally and 9.14 linguistically appropriate services; and 9.15 (6) any other content the director may require, after 9.16 considering the recommendations of the advisory council. 9.17 Sec. 15. Minnesota Statutes 1998, section 611A.25, is 9.18 amended to read: 9.19 611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 9.20 Subdivision 1. [CREATION.] Thecommissioner of corrections9.21 director of the Minnesota center for crime victim services shall 9.22 appoint a 12-member advisory council on sexual assault to advise 9.23 thecommissionerdirector on the implementation and continued 9.24 operation ofsections 611A.21 and 611A.221section 611A.225. 9.25 The sexual assault advisory council shall also serve as a 9.26 liaison between thecommissionerdirector and organizations that 9.27 provide services to victims of sexual assault, and as an 9.28 advocatewithin the department of correctionsfor the rights of 9.29 sexual assault victims. 9.30 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 9.31 knowledgeable about and have experience or interest in issues 9.32 concerning victims of sexual assault, including the need for 9.33 effective advocacy services. The membership of the council 9.34 shall represent the interests of sexual assault victims in 9.35 Minnesota. No more than six of the members of the sexual 9.36 assault advisory council may be representatives of community or 10.1 governmental organizations that provide services to sexual 10.2 assault victims. One-half of the council's members shall reside 10.3 in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 10.4 Dakota, Scott, Washington, and Carver counties, and one-half of 10.5 the members shall reside in the nonmetropolitan area. To the 10.6 extent possible, nonmetropolitan members must be representative 10.7 of all nonmetropolitan regions of the state. To the extent 10.8 possible, council membership must reflect diversity with regard 10.9 to age, ethnicity, gender, sexual orientation, and disabilities. 10.10 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 10.11 governs the filling of vacancies and removal of members of the 10.12 sexual assault advisory council. The terms of the members of 10.13 the advisory council shall be two years. No member may serve on 10.14 the advisory council for more than two consecutive terms. The 10.15 council expires on June 30, 2001. Council members shall receive 10.16 expense reimbursement as specified in section 15.059. 10.17 Subd. 5. [DUTIES.] The advisory council shall: 10.18 (1) advise the director of the Minnesota center for crime 10.19 victim services on all planning, development, data collection, 10.20 rulemaking, funding, and evaluation of programs and services for 10.21 victims of sexual assault that are funded under section 10.22 611A.225, other than matters of a purely administrative nature; 10.23 (2) advise the director on rules adopted under chapter 14 10.24 pursuant to section 611A.225; 10.25 (3) review applications received by the director for grants 10.26 under section 611A.225 and make recommendations on the awarding 10.27 of grants; and 10.28 (4) advise the program manager in performance of duties in 10.29 the administration and coordination of the programs funded under 10.30 section 611A.225. 10.31 Subd. 6. [SEXUAL ASSAULT PROGRAM MANAGER.] The director 10.32 shall, with the advice of the advisory council, select and 10.33 employ a program manager who shall aid the council in the 10.34 performance of its duties. The program manager shall administer 10.35 the funds appropriated for section 611A.225, consult with and 10.36 provide staff to the sexual assault advisory council, and 11.1 perform other duties related to sexual assault programs as the 11.2 director of the Minnesota center for crime victim services may 11.3 assign. The sexual assault program manager shall work with the 11.4 battered women program manager to provide staff to the planning 11.5 committee for federal Violence Against Women Act funds and to 11.6 perform other duties related to the violence against women 11.7 programming as the director may assign. 11.8 Sec. 16. Minnesota Statutes 1998, section 611A.32, is 11.9 amended to read: 11.10 611A.32 [BATTERED WOMEN PROGRAMS.] 11.11 Subdivision 1. [GRANTS AWARDED.] Thecommissionerdirector 11.12 of the Minnesota center for crime victim services, in 11.13 consultation with the battered women advisory council, shall 11.14 award grants to programs which provide emergency shelter 11.15 services and support services to battered women and their 11.16 children. Thecommissionerdirector shall also award grants for 11.17 training, technical assistance, and for the development and 11.18 implementation of education programs to increase public 11.19 awareness of the causes of battering, the solutions to 11.20 preventing and ending domestic violence, and the problems faced 11.21 by battered women. Grants shall be awarded in a manner that 11.22 ensures that they are equitably distributed to programs serving 11.23 metropolitan and nonmetropolitan populations. By July 1, 1995, 11.24 community-based domestic abuse advocacy and support services 11.25 programs must be established in every judicial assignment 11.26 district. 11.27 Subd. 1a. [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 11.28commissionerdirector of the Minnesota center for crime victim 11.29 services shall establish at least one program under this section 11.30 to provide emergency shelter services and support services to 11.31 battered American Indian women. Thecommissionerdirector shall 11.32 grant continuing operating expenses to the program established 11.33 under this subdivision in the same manner as operating expenses 11.34 are granted to programs established under subdivision 1. 11.35 Subd. 2. [APPLICATIONS.]AnyPublic or private 11.36 nonprofitagencyagencies and tribal governments may apply to 12.1 thecommissionerdirector of the Minnesota center for crime 12.2 victim services for a grant to provide emergency shelter 12.3 services, support services, or both, to battered women and their 12.4 children. The application shall be submitted in a form approved 12.5 by thecommissioner by rule adopted under chapter 14director, 12.6 after consultation with the advisory council, and shall include: 12.7 (1) a proposal for the provision of emergency shelter 12.8 services, support services, or both, for battered women and 12.9 their children; 12.10 (2) a proposed budget; 12.11 (3) evidence of an ability to integrate into the proposed 12.12 program the uniform method of data collection and program 12.13 evaluation established undersections 611A.33 andsection 12.14 611A.34; 12.15 (4) evidence of an ability to represent the interests of 12.16 battered women and their children to local law enforcement 12.17 agencies and courts, county welfare agencies, and local boards 12.18 or departments of health; 12.19 (5) evidence of an ability to do outreach to unserved and 12.20 underserved populations and to provide culturally and 12.21 linguistically appropriate services; and 12.22 (6) any other content thecommissionerdirector may require 12.23by rule adopted under chapter 14,after considering the 12.24 recommendations of the advisory council. 12.25 Programs which have been approved for grants in prior years 12.26 may submit materials which indicate changes in items listed in 12.27 clauses (1) to (6), in order to qualify for renewal funding. 12.28 Nothing in this subdivision may be construed to require programs 12.29 to submit complete applications for each year of renewal funding. 12.30Subd. 3. [DUTIES OF GRANTEES.] Every public or private12.31nonprofit agency which receives a grant to provide emergency12.32shelter services and support services to battered women shall12.33comply with all rules of the commissioner related to the12.34administration of the pilot programs.12.35 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 12.36 Personal history information and other information collected, 13.1 used or maintained by a grantee from which the identity of any 13.2 battered woman may be determined is private data on individuals, 13.3 as defined in section 13.02, subdivision 12, and the grantee 13.4 shall maintain the data in accordance with the provisions of 13.5 chapter 13. 13.6 Sec. 17. Minnesota Statutes 1998, section 611A.34, is 13.7 amended to read: 13.8 611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 13.9 Subdivision 1. [GENERALLY.] Thecommissionerdirector of 13.10 the Minnesota center for crime victim services shall appoint a 13.11 12-member advisory council to advise thecommissionerdirector 13.12 on the implementation and continued operation of 13.13 sections611A.31611A.32 to 611A.36. The batteredwomen'swomen 13.14 advisory council shall also serve as a liaison between 13.15 thecommissionerdirector and organizations that provide 13.16 services to battered women, and as an advocate for the rights of 13.17 victims of domestic violence. Section 15.059 governs the 13.18 filling of vacancies and removal of members of the advisory 13.19 council. The terms of the members of the advisory council shall 13.20 be two years. No member may serve on the advisory council for 13.21 more than two consecutive terms.Notwithstanding section13.2215.059,The councilshall not expireexpires June 30, 2001. 13.23 Council members shall not receive per diem, but shall 13.24 receiveexpenses in the same manner and amount as state13.25employeesexpense reimbursement as specified in section 15.059. 13.26 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 13.27 knowledgeable about and have experience or interest in issues 13.28 concerning battered women, including the need for effective 13.29 advocacy services. The membership of the council shall broadly 13.30 represent the interests of battered women in Minnesota. No more 13.31 than six of the members of the batteredwomen'swomen advisory 13.32 council may be representatives of community or governmental 13.33 organizations that provide services to battered women. One-half 13.34 of the council's members shall reside in the metropolitan area, 13.35 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 13.36 and Carver counties, and one-half of the members shall reside in 14.1 the nonmetropolitan area. To the extent possible, 14.2 nonmetropolitan members must be representative of all 14.3 nonmetropolitan regions of the state. To the extent possible, 14.4 council membership must reflect diversity with regard to age, 14.5 gender, ethnicity, sexual orientation, and differing abilities. 14.6 Subd. 2a. [TERMS, VACANCIES; EXPENSES.] Section 15.059 14.7 governs the filling of vacancies and removal of members of the 14.8 battered women advisory council. The terms of the members of 14.9 the advisory council shall be two years. No member may serve on 14.10 the advisory council for more than two consecutive terms. 14.11 Subd. 3. [DUTIES.] The advisory council shall: 14.12 (1) advise thecommissionerdirector of the Minnesota 14.13 center for crime victim services on all planning, development, 14.14 data collection, rulemaking, funding, and evaluation of programs 14.15 and services for battered women that are funded under section 14.16 611A.32, other than matters of a purely administrative nature; 14.17 (2) advise thecommissionerdirector of the Minnesota 14.18 center for crime victim services on the adoption of rules under 14.19 chapter 14 governing the award of grants to ensure that funded 14.20 programs are consistent with section 611A.32, subdivision 1; 14.21 (3)recommend to the commissioner the names of five14.22applicants for the position of battered women's program14.23director;14.24(4)advise thecommissionerdirector on the rules adopted 14.25 under chapter 14 pursuant to section611A.33611A.202; 14.26(5)(4) review applications received by thecommissioner14.27 director for grants under section 611A.32 and make 14.28 recommendations on the awarding of grants; and 14.29(6)(5) advise the programdirectormanager in the 14.30 performance of duties in the administration and coordination of 14.31 the programs funded under section 611A.32. 14.32Subd. 4. [CONFLICTS OF INTEREST.] A member of the advisory14.33council shall be excluded from participating in review and14.34recommendations concerning a grant application if the member:14.35(1) serves or has served at any time during the past three14.36years as an employee, volunteer, or governing board member of an15.1organization whose application is being reviewed; or15.2(2) has a financial interest in the funding of the15.3applicant organization.15.4 Sec. 18. Minnesota Statutes 1998, section 611A.35, is 15.5 amended to read: 15.6 611A.35 [BATTERED WOMEN PROGRAMDIRECTORMANAGER.] 15.7 Thecommissionerdirector shallappoint, with the advice of 15.8 the advisory council, select and employ a programdirector15.9 manager who shall aid the council in the performance of its 15.10 duties.In appointing the program director the commissioner15.11shall give due consideration to the list of applicants submitted15.12to the commissioner pursuant to section 611A.34, subdivision 3,15.13clause (3).The programdirectormanager shall administer the 15.14 funds appropriated for sections611A.31611A.32 to 611A.36, 15.15 consult with and provide staff to the advisory council, and 15.16 perform other duties related to battered women's programs as the 15.17commissionerdirector may assign.The program director shall15.18serve at the pleasure of the commissioner in the unclassified15.19service.15.20 Sec. 19. Minnesota Statutes 1998, section 611A.36, is 15.21 amended to read: 15.22 611A.36 [DATA COLLECTION.] 15.23 Subdivision 1. [FORM PRESCRIBED.] Thecommissioner15.24 director shall, by rule adopted under chapter 14, after 15.25 considering the recommendations of the advisory council, 15.26 prescribe a uniform form and method for the collection of data 15.27 on battered women. The method and form of data collection shall 15.28 be designed to document the incidence of assault on battered 15.29 womenas defined in section 611A.31, subdivision 2. All data 15.30 collected by thecommissionerdirector pursuant to this section 15.31 shall be summary data within the meaning of section 13.02, 15.32 subdivision 19. 15.33 Subd. 2. [MANDATORY DATA COLLECTION.] Every local law 15.34 enforcement agency shall collect data related to battered women 15.35 in the form required by thecommissionerdirector. The data 15.36 shall be collected and transmitted to thecommissionerdirector 16.1 at such times as thecommissionerdirector shall, by rule, 16.2 require. 16.3 Subd. 3. [IMMUNITY FROM LIABILITY.] Any person 16.4 participating in good faith and exercising due care in the 16.5 collection and transmission of data pursuant to this section 16.6 shall have immunity from any liability, civil or criminal, that 16.7 otherwise might result by reason of the person's action. 16.8 Sec. 20. Minnesota Statutes 1998, section 611A.361, is 16.9 amended to read: 16.10 611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 16.11 Subdivision 1. [CREATION.] Thecommissioner of corrections16.12 director of the Minnesota center for crime victim services shall 16.13 appoint a 12-member advisory council on general crime victims to 16.14 advise thecommissionerdirector on the implementation and 16.15 continued operation of chapter 611A with respect to victims of 16.16 crimes other than sexual assault and domestic abuse and child 16.17 abuse. The general crime victims advisory council shall also 16.18 serve as a liaison between thecommissionerdirector and 16.19 organizations that provide services to victims of general crime, 16.20 and as an advocatewithin the department of correctionsfor the 16.21 rights of general crime victims. The general crime advisory 16.22 council shall also administer the emergency fund grant program 16.23 described in section 611A.675 which shall be open to applicants 16.24 from all crime areas. 16.25 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 16.26 knowledgeable about and have experience or interest in issues 16.27 concerning general crime victims, including the need for 16.28 effective advocacy services. The membership of the council 16.29 shall represent the interests of general crime victims in 16.30 Minnesota. No more than six of the members of the general crime 16.31 victims advisory council may be representatives of community or 16.32 governmental organizations that provide services to crime 16.33 victims. One-half of the council's members shall reside in the 16.34 metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 16.35 Scott, Washington, and Carver counties, and one-half of the 16.36 members shall reside in the nonmetropolitan area. To the extent 17.1 possible, nonmetropolitan members must be representative of all 17.2 nonmetropolitan regions of the state. To the extent possible, 17.3 council membership must reflect diversity with regard to age, 17.4 ethnicity, gender, sexual orientation, and disabilities. 17.5 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 17.6 governs the filling of vacancies and removal of members of the 17.7 general crime victims advisory council. The terms of the 17.8 members of the advisory council shall be two years. No member 17.9 may serve on the advisory council for more than two consecutive 17.10 terms. The council expires on June 30, 2001. Council members 17.11 shall receive expense reimbursement as specified in section 17.12 15.059. 17.13 Subd. 5. [PROGRAM MANAGER.] The director shall, with the 17.14 advice of the advisory council, select and employ a program 17.15 manager for the council who shall aid the council in the 17.16 performance of its duties. 17.17 Sec. 21. [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 17.18 Subdivision 1. [GRANTS AWARDED.] The director of the 17.19 Minnesota center for crime victim services, in consultation with 17.20 the general crime advisory council shall award grants-in-aid to 17.21 programs which provide direct advocacy services, community 17.22 education, professional training, and systems change activities 17.23 for general crime victims. In addition to administering 17.24 grants-in-aid to programs, the director shall also award grants 17.25 for resources, training, and technical assistance to improve the 17.26 response of law enforcement, prosecutors, the criminal justice 17.27 system, medical providers, and other community agencies or 17.28 organizations which interact with general crime victims; to 17.29 develop and implement educational programs to increase public 17.30 awareness of the nature, scope, and root causes of violence and 17.31 victim experience; to develop the capacity of programs to meet 17.32 the needs of general crime victims; and to develop and implement 17.33 general crime prevention initiatives. 17.34 Subd. 2. [APPLICATIONS.] Public or private nonprofit 17.35 agencies and tribal governments may apply to the director for a 17.36 grant to provide direct advocacy services, community education, 18.1 and professional training or systems change activities for 18.2 victims of general crime. The application shall be submitted in 18.3 a form approved by the director, after consultation with the 18.4 advisory council and shall include: 18.5 (1) a proposal for the provision of services as requested 18.6 in the application; 18.7 (2) a proposed budget; 18.8 (3) evidence of an ability to integrate into the proposed 18.9 program the uniform method of data collection and program 18.10 evaluation; 18.11 (4) evidence of an ability to represent the interests of 18.12 victims of general crime to local law enforcement agencies, 18.13 courts, and other public and private community agencies; 18.14 (5) evidence of an ability to do outreach to unserved and 18.15 underserved populations and to provide culturally and 18.16 linguistically appropriate services; and 18.17 (6) any other content the director may require after 18.18 considering the recommendations of the advisory council. 18.19 Sec. 22. Minnesota Statutes 1998, section 611A.55, is 18.20 amended to read: 18.21 611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 18.22 Subdivision 1. [CREATION.] There is created in the 18.23department of public safetyMinnesota center for crime victim 18.24 services, for budgetary and administrative purposes, the crime 18.25 victims reparations board, which shall consist of five members 18.26 appointed by thecommissioner of public safety and selected from18.27among the membership of the crime victim and witness advisory18.28council created in section 611A.71director of the Minnesota 18.29 center for crime victim services. One of the members shall be 18.30 designated as chair by thecommissioner of public safety18.31 director of the Minnesota center for crime victim services and 18.32 serve as such at thecommissioner'sdirector's pleasure. At 18.33 least one member shall be a medical or osteopathic physician 18.34 licensed to practice in this state, and at least one member 18.35 shall be a victim, as defined in section 611A.01. To the extent 18.36 possible, board membership must reflect diversity with regard to 19.1 age, ethnicity, gender, sexual orientation, and disabilities. 19.2 Subd. 2. [TERMS, COMPENSATION, REMOVAL.] The membership 19.3 terms, compensation, removal of members, and filling of 19.4 vacancies on the board shall be as provided in section 15.0575. 19.5 Members of the board who are also members ofthe crime victim19.6and witnessan advisory councilcreated in section 611A.71of 19.7 the center shall not be compensated while performing duties for 19.8 the advisory council. 19.9 Subd. 3. [PART TIME.] Members of the board shall serve 19.10 part time. 19.11 Subd. 4. [PROGRAM MANAGER.] The director of the Minnesota 19.12 center for crime victim services shall appoint a program manager 19.13 who shall administer the funds appropriated for sections 611A.51 19.14 to 611A.67, consult with and provide staff to the reparations 19.15 board, and perform other duties related to reparations as the 19.16 director may assign. 19.17 Sec. 23. Minnesota Statutes 1998, section 611A.57, 19.18 subdivision 3, is amended to read: 19.19 Subd. 3. [CLAIM DECISION.] Theboard executive director19.20 reparations program manager may decide the claim in favor of a 19.21 claimant in the amount claimed on the basis of the papers filed 19.22 in support of it and the report of the investigation of such 19.23 claim. If unable to decide the claim upon the basis of the 19.24 papers and any report of investigation, theboard executive19.25directormanager shall discuss the matter with other members of 19.26 the board present at a board meeting. After discussion the 19.27 board shall vote on whether to grant or deny the claim or 19.28 whether further investigation is necessary. A decision granting 19.29 or denying the claim shall then be issued by theexecutive19.30directormanager. 19.31 Sec. 24. Minnesota Statutes 1998, section 611A.675, 19.32 subdivision 1, is amended to read: 19.33 Subdivision 1. [GRANTS AUTHORIZED.] The general crime 19.34victim and witnessadvisory council shall make grants to 19.35 prosecutors and victim assistance programs for the purpose of 19.36 providing emergency assistance to victims. As used in this 20.1 section, "emergency assistance" includes but is not limited to: 20.2 (1) replacement of necessary property that was lost, 20.3 damaged, or stolen as a result of the crime; 20.4 (2) purchase and installation of necessary home security 20.5 devices; 20.6 (3) transportation to locations related to the victim's 20.7 needs as a victim, such as medical facilities and facilities of 20.8 the criminal justice system; 20.9 (4) cleanup of the crime scene; and 20.10 (5) reimbursement for reasonable travel and living expenses 20.11 the victim incurred to attend court proceedings that were held 20.12 at a location other than the place where the crime occurred due 20.13 to a change of venue. 20.14 Sec. 25. Minnesota Statutes 1998, section 611A.71, is 20.15 amended to read: 20.16 611A.71 [COUNCIL; ESTABLISHMENT.] 20.17 Subdivision 1. [CREATION.] The Minnesota crime victim and 20.18 witness advisory council is established and shall consist of 16 20.19 members. 20.20 Subd. 2. [MEMBERSHIP.] (a) The crime victim and witness 20.21 advisory council shall consist of the following members, 20.22 appointed by thecommissioner of public safety after consulting20.23with the commissioner of correctionsdirector for the Minnesota 20.24 center for crime victim services: 20.25 (1) one district court judge appointed upon recommendation 20.26 of the chief justice of the supreme court; 20.27 (2) one county attorney appointed upon recommendation of 20.28 the Minnesota county attorneys association; 20.29 (3) one public defender appointed upon recommendation of 20.30 the state public defender; 20.31 (4) one peace officer; 20.32 (5) one medical or osteopathic physician licensed to 20.33 practice in this state; 20.34 (6) five members who are crime victims or crime victim 20.35 assistance representatives; 20.36 (7) three public members; and 21.1 (8) one member appointed on recommendation of the Minnesota 21.2 general crime victim coalition. 21.3 To the extent possible, the appointments should take into 21.4 accountsexage, gender, sexual orientation, race, disabilities, 21.5 and geographic distribution.No more than seven of the members21.6appointed under this paragraph may be of one gender.One of the 21.7 nonlegislative members must be designated by thecommissioner of21.8public safetydirector as chair of the council. 21.9 (b) Two members of the council shall be members of the 21.10 legislature who have demonstrated expertise and interest in 21.11 crime victims issues, one senator appointed under rules of the 21.12 senate and one member of the house of representatives appointed 21.13 under rules of the house of representatives. 21.14 Subd. 3. [TERMS OF OFFICE.] Section 15.059 governs the 21.15 terms of office, filling of vacancies, and removal of members of 21.16 the crime victim and witness advisory council. Members are 21.17 eligible for reappointment and appointment may be made to fill 21.18 an unexpired term. The members of the council shall elect any 21.19 additional officers necessary for the efficient discharge of 21.20 their duties. 21.21 Subd. 4. [COMPENSATION.] Each member of the council shall 21.22 serve without compensation. However, members of the council 21.23 shall receiveexpenses in the same manner and amount as provided21.24in the commissioner's plan under section 43A.18, subdivision 2;21.25provided that payments for expenses incurred must be paid from21.26the existing appropriation for the administrative portion of the21.27operating budget for the crime victims reparations21.28activityexpense reimbursement as specified in section 15.059. 21.29 Subd. 5. [DUTIES.] The council shall: 21.30 (1) review on a regular basis the treatment of victims by 21.31 the criminal justice system and the need and availability of 21.32 services to victims; 21.33 (2)advise the agency designated by the governor to apply21.34for victim assistance program grants under chapter 14 of Public21.35Law Number 98-473, in the coordination and allocation of federal21.36funds for crime victims assistance programs;22.1(3)advocate necessary changes and monitor victim-related 22.2 legislation; 22.3(4)(3) provide information, training, and technical 22.4 assistance to state and local agencies and groups involved in 22.5 victim and witness assistance; 22.6(5)(4) serve as a clearinghouse for information concerning 22.7 victim and witness programs; 22.8(6)(5) develop guidelines for the implementation of victim 22.9 and witness assistance programs and aid in the creation and 22.10 development of programs; 22.11(7)(6) coordinate the development and implementation of 22.12 policies and guidelines for the treatment of victims and 22.13 witnesses, and the delivery of services to them; and 22.14(8)(7) develop ongoing public awareness efforts and 22.15 programs to assist victims; and22.16(9) administer the grant program described in section22.17611A.675. 22.18 Subd. 6. [EXECUTIVE DIRECTORPROGRAM MANAGER.] The 22.19commissioner of public safetydirector shall, with the advice of 22.20 the advisory council, select and employan executive directora 22.21 program manager for the council who shallserve in the22.22unclassified service at the pleasure of the commissioner and22.23shallaid the council in the performance of its duties under 22.24 subdivision 5 andsupervise the administration of the Crime22.25Victims Reparations Actmanage the center's communications, 22.26 training, and research unit. 22.27 Subd. 7. [EXPIRATION.] The council expires on June 30, 22.28 2001. 22.29 Sec. 26. Minnesota Statutes 1998, section 611A.76, is 22.30 amended to read: 22.31 611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 22.32 Thecommissioner of public safetyoffice of the crime 22.33 victims ombudsman shall operate at least one statewide toll-free 22.34 24-hour telephone line for the purpose of providing crime 22.35 victims with referrals for victim services and resources. 22.36 Sec. 27. [TRANSFER OF VICTIM SERVICES FUNCTIONS TO 23.1 MINNESOTA CENTER FOR CRIME VICTIM SERVICES.] 23.2 Subdivision 1. [COMMISSIONER OF CORRECTIONS.] Except for 23.3 the duties relating to notice of release of offenders under 23.4 Minnesota Statutes, section 611A.06, all powers and duties 23.5 imposed on the commissioner of corrections relating to victim 23.6 services and rights by Minnesota Statutes, chapter 611A, are 23.7 transferred to and imposed on the director of the Minnesota 23.8 center for crime victim services. 23.9 Subd. 2. [COMMISSIONER OF PUBLIC SAFETY.] All powers and 23.10 duties imposed on the commissioner of public safety relating to 23.11 victim services and rights by Minnesota Statutes, chapter 611A, 23.12 are transferred to and imposed on the director of the Minnesota 23.13 center for crime victim services. 23.14 Subd. 3. [TRANSFER OF POWER.] Minnesota Statutes, section 23.15 15.039, applies to the transfer of power and duties under 23.16 subdivisions 1 and 2. 23.17 Sec. 28. [REPEALER.] 23.18 Minnesota Statutes 1998, sections 611A.21; 611A.22; 23.19 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; and 23.20 611A.78, are repealed.