SF 1653

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; providing for the implementation of, 
  1.4             clarifying, and modifying certain criminal and 
  1.5             juvenile provisions; providing for the implementation 
  1.6             of, clarifying, and modifying certain penalty 
  1.7             provisions; increasing the number of judges; providing 
  1.8             for the implementation of, clarifying, and modifying 
  1.9             certain provisions regarding bomb disposal units, 
  1.10            correctional inmates, the peace officer standards and 
  1.11            training board, soft body armor reimbursements, public 
  1.12            safety officer death benefits, the witness and victim 
  1.13            protection fund, criminal background checks, court 
  1.14            fees, surcharges, fines, assessments, and eligibility 
  1.15            for public defenders; providing for victims of 
  1.16            violence; authorizing negotiations regarding 
  1.17            correctional facilities; authorizing wage withholding 
  1.18            and requiring reimbursement of certain expenses for 
  1.19            public defenders; limiting and prohibiting placement 
  1.20            of juveniles in certain facilities; establishing and 
  1.21            expanding pilot programs, grant programs, task forces, 
  1.22            committees, and studies; directing that rules be 
  1.23            adopted and amended; establishing the bureau of 
  1.24            criminal apprehension as an independent agency of the 
  1.25            executive branch; transferring the criminal justice 
  1.26            information system to the bureau; providing for the 
  1.27            implementation of, clarifying, and modifying certain 
  1.28            provisions regarding truancy and school safety; 
  1.29            appropriating money for state courts, public safety, 
  1.30            public defense, corrections, and related purposes; 
  1.31            providing for the transfer of certain money in the 
  1.32            state treasury; providing penalties; amending 
  1.33            Minnesota Statutes 1994, sections 2.722, subdivision 
  1.34            1, and by adding a subdivision; 3.732, subdivision 1; 
  1.35            15A.081, subdivision 1; 16A.285; 16B.14; 16B.46; 
  1.36            16B.54, subdivision 2; 120.14; 120.73, by adding a 
  1.37            subdivision; 125.05, by adding a subdivision; 125.09, 
  1.38            subdivision 1; 171.04, subdivision 1; 176.192; 242.31, 
  1.39            subdivision 1; 243.23, subdivision 3; 243.51, 
  1.40            subdivisions 1 and 3; 243.88, by adding a subdivision; 
  1.41            260.115, subdivision 1; 260.125; 260.126, subdivision 
  1.42            5; 260.131, subdivision 4, and by adding a 
  1.43            subdivision; 260.132, subdivisions 1 and 4; 260.161, 
  1.44            subdivision 3; 260.181, subdivision 4; 260.185, 
  1.45            subdivision 6, and by adding subdivisions; 260.191, 
  1.46            subdivision 1; 260.193, subdivision 4; 260.215, 
  2.1             subdivision 1; 260.291, subdivision 1; 299A.31, 
  2.2             subdivision 1; 299A.331, subdivision 1; 299A.38, 
  2.3             subdivisions 1 and 2; 299A.44; 299A.51, subdivision 2; 
  2.4             299C.01; 299C.03; 299C.065, subdivision 1a; 299C.10, 
  2.5             by adding a subdivision; 299C.13; 299C.50; 299C.62, 
  2.6             subdivision 4; 299C.65, subdivisions 1 and 2; 352B.01, 
  2.7             subdivision 2; 357.021, subdivision 2; 360.0753, 
  2.8             subdivision 6; 364.09; 466.03, by adding a 
  2.9             subdivision; 481.01; 609.055, subdivision 2; 609.101, 
  2.10            subdivisions 1, 2, and 3; 609.135, by adding a 
  2.11            subdivision; 609.605, subdivision 4; 609.748, 
  2.12            subdivision 3a; 611.17; 611.20, by adding 
  2.13            subdivisions; 611.27, subdivision 4; 611.35, 
  2.14            subdivision 1; 611A.19, subdivision 1; 611A.20, 
  2.15            subdivision 2; 624.7151; 626.5531, subdivision 2; 
  2.16            626.562, subdivision 1; 626.841; 626.861, subdivisions 
  2.17            1 and 4; 634.16; 641.14; Laws 1993, chapter 255, 
  2.18            sections 1, subdivisions 1 and 4; and 2; Laws 1994, 
  2.19            chapter 643, section 79, subdivisions 1, 3, and 4; 
  2.20            proposing coding for new law in Minnesota Statutes, 
  2.21            chapters 8; 15; 120; 123; 127; 242; 260; 299A; 299C; 
  2.22            611A; 626; proposing coding for new law as Minnesota 
  2.23            Statutes, chapter 260A; repealing Minnesota Statutes 
  2.24            1994, section 126.25; and Laws 1994, chapter 576, 
  2.25            section 1. 
  2.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.27                             ARTICLE 1 
  2.28                           APPROPRIATIONS 
  2.29  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.30     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.31  appropriated from the general fund, or another fund named, to 
  2.32  the agencies and for the purposes specified in this act, to be 
  2.33  available for the fiscal years indicated for each purpose.  The 
  2.34  figures "1996" and "1997," where used in this act, mean that the 
  2.35  appropriation or appropriations listed under them are available 
  2.36  for the year ending June 30, 1996, or June 30, 1997, 
  2.37  respectively. 
  2.38                          SUMMARY BY FUND
  2.39                            1996          1997          TOTAL
  2.40  General            429,098,000   433,434,000    862,532,000
  2.41  Environmental           40,000        40,000         80,000
  2.42  Special Revenue      4,989,000     4,950,000      9,939,000
  2.43  Trunk Highway        1,488,000     1,490,000      2,978,000
  2.44  TOTAL              435,615,000   439,914,000    875,529,000
  2.45                                             APPROPRIATIONS 
  2.46                                         Available for the Year 
  2.47                                             Ending June 30 
  2.48                                            1996         1997 
  2.49  Sec. 2.  SUPREME COURT 
  3.1   Subdivision 1.  Total 
  3.2   Appropriation                         20,705,000     19,296,000
  3.3   The amounts that may be spent from this 
  3.4   appropriation for each program are 
  3.5   specified in the following subdivisions.
  3.6   Subd. 2.  Supreme Court Operations 
  3.7        3,989,000      4,030,000
  3.8   $2,500 the first year and $2,500 the 
  3.9   second year are for a contingent 
  3.10  account for expenses necessary for the 
  3.11  normal operation of the court for which 
  3.12  no other reimbursement is provided. 
  3.13  Subd. 3.  Civil Legal Services
  3.14       4,757,000      4,757,000
  3.15  This appropriation is for legal service 
  3.16  to low-income clients and for family 
  3.17  farm legal assistance under Minnesota 
  3.18  Statutes, section 480.242.  Any 
  3.19  unencumbered balance remaining in the 
  3.20  first year does not cancel but is 
  3.21  available for the second year of the 
  3.22  biennium.  A qualified legal services 
  3.23  program, as defined in Minnesota 
  3.24  Statutes, section 480.24, subdivision 
  3.25  3, may provide legal services to 
  3.26  persons eligible for family farm legal 
  3.27  assistance under Minnesota Statutes, 
  3.28  section 480.242. 
  3.29  Subd. 4.  Family Law Legal
  3.30  Services
  3.31         877,000        877,000
  3.32  This appropriation is to improve the 
  3.33  access of low-income clients to legal 
  3.34  representation in family law matters 
  3.35  and must be distributed under Minnesota 
  3.36  Statutes, section 480.242, to the 
  3.37  qualified legal services programs 
  3.38  described in Minnesota Statutes, 
  3.39  section 480.242, subdivision 2, 
  3.40  paragraph (a).  Any unencumbered 
  3.41  balance remaining in the first year 
  3.42  does not cancel and is available for 
  3.43  the second year of the biennium. 
  3.44  Subd. 5.  State Court Administration 
  3.45       7,627,000      7,516,000
  3.46  $50,000 is for staffing the nonfelony 
  3.47  enforcement advisory committee under 
  3.48  article 2, section 35, to be available 
  3.49  until December 31, 1996. 
  3.50  $175,000 the first year and $175,000 
  3.51  the second year are to fund the 
  3.52  activities of the juvenile violence 
  3.53  prevention and enforcement unit 
  3.54  authorized to be established under 
  3.55  article 2, section 44. 
  3.56  Subd. 6.  Community Dispute Resolution 
  4.1          245,000        245,000
  4.2   Subd. 7.  Law Library Operations
  4.3        1,729,000      1,744,000
  4.4   Subd. 8.  Criminal and Juvenile
  4.5   Justice Information Systems
  4.6        1,481,000        127,000
  4.7   $675,000 the first year and $63,000 the 
  4.8   second year are for the statewide 
  4.9   juvenile criminal history system, 
  4.10  extended juvenile justice data, 
  4.11  statewide misdemeanor system, and the 
  4.12  tracking system for domestic abuse 
  4.13  orders for protection. 
  4.14  $73,000 the first year and $64,000 the 
  4.15  second year are to administer the 
  4.16  statewide criminal and juvenile justice 
  4.17  community model including salary 
  4.18  expenses. 
  4.19  $733,000 the first year is to implement 
  4.20  the electronic livescan/cardscan 
  4.21  fingerprint technology for the 
  4.22  statewide designated court locations in 
  4.23  accordance with the Minnesota criminal 
  4.24  and juvenile justice task force 
  4.25  recommendations. 
  4.26  Sec. 3.  COURT OF APPEALS              5,842,000      5,917,000
  4.27  Sec. 4.  DISTRICT COURTS              67,288,000     68,046,000
  4.28  $180,000 the first year and $180,000 
  4.29  the second year are for two referees in 
  4.30  the fourth judicial district, if a law 
  4.31  is enacted providing for a homestead 
  4.32  agricultural and credit assistance 
  4.33  offset in the same amount. 
  4.34  Sec. 5.  BOARD OF JUDICIAL  
  4.35  STANDARDS                                210,000        212,000
  4.36  Sec. 6.  TAX COURT                       592,000        592,000
  4.37  Sec. 7.  PUBLIC SAFETY
  4.38  Subdivision 1.  Total 
  4.39  Appropriation                         15,985,000     12,296,000
  4.40                Summary by Fund
  4.41                          1996          1997
  4.42  General              15,945,000    12,256,000
  4.43  Environmental            40,000        40,000 
  4.44  Subd. 2.  Administrative and 
  4.45  Related Services  
  4.46          92,000         92,000
  4.47  This appropriation is to reimburse the 
  4.48  cost of soft body armor purchased under 
  4.49  Minnesota Statutes, section 299A.38.  
  5.1   Subd. 3.  Driver and Vehicle Services 
  5.2           12,000           -0- 
  5.3   $12,000 the first year is for 
  5.4   improvements to the department's 
  5.5   driving records computer system to 
  5.6   better indicate to a peace officer 
  5.7   whether to impound the vehicle 
  5.8   registration plates of an individual 
  5.9   pursuant to Minnesota Statutes, section 
  5.10  168.042.  
  5.11  Subd. 4.  Emergency Management 
  5.12       2,820,000      2,085,000 
  5.13                Summary by Fund
  5.14  General                 2,780,000     2,045,000
  5.15  Environmental              40,000        40,000
  5.16  Subd. 5.  Fire Marshal 
  5.17       2,568,000      2,568,000
  5.18  $82,000 the first year and $82,000 the 
  5.19  second year are appropriated from the 
  5.20  state government special revenue fund 
  5.21  for transfer by the commissioner of 
  5.22  finance to reimburse the general fund 
  5.23  for the cost of fire safety inspections 
  5.24  performed by the state fire marshal. 
  5.25  The fire marshal may enter into 
  5.26  contracts for specialty investigative 
  5.27  services. 
  5.28  Subd. 6.  Capitol Security 
  5.29       1,436,000      1,436,000
  5.30  Subd. 7.  Liquor Control 
  5.31         389,000        391,000
  5.32  Subd. 8.  Gambling Enforcement
  5.33       1,137,000      1,140,000
  5.34  Subd. 9.  Drug Policy and       
  5.35  Violence Prevention 
  5.36       5,277,000      2,328,000
  5.37  $852,000 the first year and $852,000 
  5.38  the second year are to be distributed 
  5.39  by the commissioner of public safety, 
  5.40  after consulting with the chemical 
  5.41  abuse and violence prevention council. 
  5.42  $50,000 the first year is for a grant 
  5.43  to a statewide program to create and 
  5.44  develop theatrical plays, workshops, 
  5.45  and educational resources based on a 
  5.46  peer education model that promotes 
  5.47  increased awareness and prevention of 
  5.48  sexual abuse, interpersonal violence, 
  5.49  and sexual harassment.  This 
  5.50  appropriation is available until June 
  6.1   30, 1997. 
  6.2   $25,000 the first year and $25,000 the 
  6.3   second year are to establish the youth 
  6.4   neighborhood centers described in 
  6.5   article 2, section 9. 
  6.6   $100,000 the first year and $100,000 
  6.7   the second year are for a grant to the 
  6.8   Northwest Hennepin Human Services 
  6.9   Council to administer and expand the 
  6.10  Northwest law enforcement project to 
  6.11  municipal and county law enforcement 
  6.12  agencies throughout the metropolitan 
  6.13  area. 
  6.14  $100,000 the first year is for grants 
  6.15  for the truancy reduction pilot 
  6.16  programs created in article 5, section 
  6.17  12. 
  6.18  $300,000 the first year is for grants 
  6.19  to local law enforcement jurisdictions 
  6.20  to develop three truancy service 
  6.21  centers under Minnesota Statutes, 
  6.22  proposed section 260A.04 created in 
  6.23  article 5, section 10.  Applicants must 
  6.24  provide a one-to-one funding match.  If 
  6.25  the commissioner has received 
  6.26  applications from fewer than three 
  6.27  counties by the application deadline, 
  6.28  the commissioner may make unallocated 
  6.29  funds from this appropriation available 
  6.30  to an approved grantee that can provide 
  6.31  the required one-to-one funding match 
  6.32  for the additional funds. 
  6.33  $2,050,000 the first year is for grants 
  6.34  to local law enforcement agencies for 
  6.35  law enforcement officers assigned to 
  6.36  schools.  The grants may be used to 
  6.37  expand the assignment of law 
  6.38  enforcement officers to middle schools, 
  6.39  junior high schools, and high schools.  
  6.40  The grants may be used to provide the 
  6.41  local share required for eligibility 
  6.42  for federal funding for these 
  6.43  positions.  The amount of the state 
  6.44  grant must be matched by at least an 
  6.45  equal amount of money from nonstate 
  6.46  sources. 
  6.47  $250,000 the first year is for grants 
  6.48  to school districts for photographic 
  6.49  identification systems for school 
  6.50  district staff and junior and senior 
  6.51  high school students.  The amount of 
  6.52  the state grant must be matched by at 
  6.53  least an equal amount of money from 
  6.54  nonstate sources. 
  6.55  $200,000 the first year is for 
  6.56  incentive grants to school districts to 
  6.57  encourage the development and 
  6.58  enhancement of conflict resolution and 
  6.59  peer mediation programs for students. 
  6.60  Subd. 10.  Crime Victims Services 
  6.61       2,037,000      2,038,000
  7.1   Subd. 11.  Crime Victims Ombudsman 
  7.2          217,000        218,000
  7.3   Sec. 8.  CRIMINAL APPREHENSION        17,598,000      16,295,000
  7.5                 Summary by Fund
  7.6   General              15,626,000    14,307,000
  7.8   Special Revenue         484,000       498,000
  7.9   Trunk Highway         1,488,000     1,490,000
  7.10  $200,000 the first year and $200,000 
  7.11  the second year are for use by the 
  7.12  bureau of criminal apprehension for the 
  7.13  purpose of investigating 
  7.14  cross-jurisdictional criminal activity. 
  7.15  $387,000 the first year and $398,000 
  7.16  the second year from the bureau of 
  7.17  criminal apprehension account in the 
  7.18  special revenue fund are for laboratory 
  7.19  activities. 
  7.20  $97,000 the first year and $100,000 the 
  7.21  second year from the bureau of criminal 
  7.22  apprehension account in the special 
  7.23  revenue fund are for grants to local 
  7.24  officials for the cooperative 
  7.25  investigation of cross-jurisdictional 
  7.26  criminal activity.  Any unencumbered 
  7.27  balance remaining in the first year 
  7.28  does not cancel but is available for 
  7.29  the second year. 
  7.30  $275,000 the first year and $275,000 
  7.31  the second year are for the 
  7.32  continuation of the crime fax 
  7.33  integrated criminal alert network 
  7.34  project. 
  7.35  $745,000 the first year and $88,000 the 
  7.36  second year are for integration and 
  7.37  development of the statewide juvenile 
  7.38  criminal history system, extended 
  7.39  juvenile justice data system, statewide 
  7.40  misdemeanor system, and the tracking 
  7.41  system for domestic abuse orders for 
  7.42  protection with the bureau's 
  7.43  centralized computer systems. 
  7.44  $206,000 the first year and $206,000 
  7.45  the second year are for improvements in 
  7.46  the bureau's internal systems support 
  7.47  functions. 
  7.48  $700,000 the first year is to upgrade 
  7.49  the bureau's forensic laboratory to 
  7.50  implement new methods of DNA testing. 
  7.51  $60,000 the first year and $60,000 the 
  7.52  second year are to provide the 
  7.53  reimbursements authorized by Minnesota 
  7.54  Statutes, section 299C.063, subdivision 
  7.55  2. 
  8.1   $100,000 the first year and $100,000 
  8.2   the second year are to be used for the 
  8.3   witness and victim protection fund 
  8.4   established in Minnesota Statutes, 
  8.5   section 299C.065, subdivision 1a. 
  8.6   Up to $1,000,000 from dedicated 
  8.7   noncriminal justice records fees may be 
  8.8   used to implement the electronic 
  8.9   livescan/cardscan fingerprint 
  8.10  technology for the statewide 
  8.11  arrest/booking locations in accordance 
  8.12  with the Minnesota criminal and 
  8.13  juvenile justice task force 
  8.14  recommendations. 
  8.15  Sec. 9.  BOARD OF PRIVATE DETECTIVE 
  8.16  AND PROTECTIVE AGENT SERVICES            102,000        115,000
  8.17  Sec. 10.  BOARD OF PEACE OFFICER 
  8.18  STANDARDS AND TRAINING                 4,505,000      4,452,000
  8.19  This appropriation is from the peace 
  8.20  officers training account in the 
  8.21  special revenue fund.  Any receipts 
  8.22  credited to the peace officer training 
  8.23  account in the special revenue fund in 
  8.24  the first year in excess of $4,505,000 
  8.25  must be transferred and credited to the 
  8.26  general fund.  Any receipts credited to 
  8.27  the peace officer training account in 
  8.28  the special revenue fund in the second 
  8.29  year in excess of $4,452,000 must be 
  8.30  transferred and credited to the general 
  8.31  fund. 
  8.32  $850,000 the first year and $850,000 
  8.33  the second year are for law enforcement 
  8.34  educational programs provided by the 
  8.35  state colleges and universities. 
  8.36  $100,000 the first year and $100,000 
  8.37  the second year are for the development 
  8.38  of an advanced law enforcement degree 
  8.39  at the existing school of law 
  8.40  enforcement at Metropolitan State 
  8.41  University. 
  8.42  $203,000 the first year and $203,000 
  8.43  the second year shall be made available 
  8.44  to law enforcement agencies to pay 
  8.45  educational expenses and other costs of 
  8.46  students who have been given 
  8.47  conditional offers of employment by the 
  8.48  agency and who are enrolled in the 
  8.49  licensing core of a professional peace 
  8.50  officer education program.  No more 
  8.51  than $5,000 may be expended on a single 
  8.52  student. 
  8.53  $2,300,000 the first year and 
  8.54  $2,300,000 the second year are to 
  8.55  reimburse local law enforcement for the 
  8.56  cost of administering board-approved 
  8.57  continuing education to peace officers. 
  8.58  $100,000 the first year and $100,000 
  8.59  the second year are for transfers to 
  8.60  the crime victim and witness account in 
  8.61  the state treasury for the purposes 
  8.62  specified in Minnesota Statutes, 
  9.1   section 611A.675.  This sum is 
  9.2   available until expended. 
  9.3   $61,000 the first year is for legal 
  9.4   fees.  If actual expenses are less than 
  9.5   $61,000 the balance shall cancel to the 
  9.6   general fund on July 1, 1996. 
  9.7   Sec. 11.  BOARD OF PUBLIC DEFENSE 
  9.8   Subdivision 1.  Total       
  9.9   Appropriation                         37,218,000     37,184,000
  9.10  None of this appropriation shall be 
  9.11  used to pay for lawsuits against public 
  9.12  agencies or public officials to change 
  9.13  social or public policy.  
  9.14  The amounts that may be spent from this 
  9.15  appropriation for each program are 
  9.16  specified in the following subdivisions.
  9.17  Subd. 2.  State Public      
  9.18  Defender 
  9.19       2,712,000      2,681,000
  9.20  Subd. 3.  District Public   
  9.21  Defense  
  9.22      33,761,000     33,762,000 
  9.23  $904,000 the first year and $904,000 
  9.24  the second year are for grants to the 
  9.25  five existing public defense 
  9.26  corporations under Minnesota Statutes, 
  9.27  section 611.216. 
  9.28  Subd. 4.  Board of Public   
  9.29  Defense  
  9.30         745,000        741,000
  9.31  Sec. 12.  CORRECTIONS 
  9.32  Subdivision 1.  Total 
  9.33  Appropriation                        263,503,000    274,306,000
  9.34  The amounts that may be spent from this 
  9.35  appropriation for each program are 
  9.36  specified in the following subdivisions.
  9.37  The commissioner shall attempt to 
  9.38  maximize the use of inmate labor 
  9.39  throughout the state by entering into 
  9.40  negotiations and agreements, where 
  9.41  feasible. 
  9.42  Subd. 2.  Correctional 
  9.43  Institutions  
  9.44     176,702,000    184,278,000
  9.46  Subd. 3.  Community Services 
  9.47      66,339,000     68,830,000
  9.48  $4,200,000 the first year and 
  9.49  $6,400,000 the second year are for a 
 10.1   statewide probation and supervised 
 10.2   release caseload reduction grant 
 10.3   program.  The commissioner shall 
 10.4   develop guidelines for the distribution 
 10.5   of this money among all correctional 
 10.6   authorities in the state.  The 
 10.7   guidelines must provide for the 
 10.8   establishment and use of uniform 
 10.9   definitions, must give priority to the 
 10.10  reduction of high risk offender 
 10.11  caseloads at both the state and local 
 10.12  level, and may require recipients of 
 10.13  funds to report on the expenditure and 
 10.14  results achieved.  Counties that 
 10.15  deliver correctional services through 
 10.16  Minnesota Statutes, chapter 260, and 
 10.17  that qualify for new probation officers 
 10.18  under this program shall receive full 
 10.19  reimbursement for the officers' 
 10.20  salaries and reimbursement for the 
 10.21  officers' benefits and support as set 
 10.22  forth in the probations standards task 
 10.23  force report, not to exceed $70,000 per 
 10.24  officer annually.  Positions funded by 
 10.25  this appropriation may not supplant 
 10.26  existing services.  Position control 
 10.27  numbers for these positions must be 
 10.28  annually reported to the commissioner 
 10.29  of corrections. 
 10.30  $75,000 the first year and $75,000 the 
 10.31  second year are to establish an 
 10.32  electronic alcohol monitoring pilot 
 10.33  program under article 2, section 42. 
 10.34  $12,000 the first year is to adopt the 
 10.35  rules and administer the advisory 
 10.36  committee described in article 3, 
 10.37  section 22. 
 10.38  $25,000 the first year is to conduct 
 10.39  the study on the use of secure 
 10.40  treatment facilities for juveniles 
 10.41  directed in article 3, section 23. 
 10.42  $4,020,000 the first year and 
 10.43  $4,070,000 the second year are for 
 10.44  grants for a comprehensive continuum of 
 10.45  care for juveniles at high risk to 
 10.46  become extended jurisdiction juveniles 
 10.47  and for extended jurisdiction juveniles 
 10.48  under article 3, section 24.  The 
 10.49  commissioner shall pay to each county 
 10.50  after January 1 of each year the total 
 10.51  amount appropriated for that year 
 10.52  divided by the sum of the total number 
 10.53  of juveniles in the state in the prior 
 10.54  year who were charged with having 
 10.55  committed offenses that would result in 
 10.56  a presumption of certification under 
 10.57  Minnesota Statutes, section 260.125, 
 10.58  subdivision 2a, plus one for each 
 10.59  county which did not have such a 
 10.60  juvenile so charged, multiplied by the 
 10.61  greater of the total number of 
 10.62  juveniles in the county so charged or 
 10.63  by one.  Counties that are not 
 10.64  community corrections act counties may 
 10.65  not be required to pay more than the 
 10.66  amount of the county's reimbursement 
 10.67  for a comprehensive continuum of care 
 11.1   for juveniles convicted as extended 
 11.2   jurisdiction juveniles. 
 11.3   None of this appropriation shall be 
 11.4   used to pay for biomedical intervention 
 11.5   for sex offenders. 
 11.6   Subd. 4.  Management Services  
 11.7       20,462,000     21,198,000
 11.8   During the biennium ending June 30, 
 11.9   1997, when awarding grants for victims' 
 11.10  programs and services, the commissioner 
 11.11  shall give priority to geographic areas 
 11.12  that are unserved or underserved by 
 11.13  programs or services. 
 11.14  $100,000 the first year and $100,000 
 11.15  the second year are to develop a 
 11.16  continuum of care for juvenile female 
 11.17  offenders.  The commissioner of 
 11.18  corrections shall collaborate with the 
 11.19  commissioners of human services, 
 11.20  health, economic security, planning, 
 11.21  education, and public safety and with 
 11.22  representatives of the private sector 
 11.23  to develop a comprehensive continuum of 
 11.24  care to address the gender-specific 
 11.25  needs of juvenile female offenders. 
 11.26  $2,000,000 the first year and 
 11.27  $2,636,000 the second year are for 
 11.28  salary supplements for employees 
 11.29  throughout the department. 
 11.30  Sec. 13.  CORRECTIONS OMBUDSMAN          596,000        599,000
 11.31  Sec. 14.  SENTENCING GUIDELINES 
 11.32  COMMISSION                               369,000        371,000
 11.33  Sec. 15.  HUMAN SERVICES                 192,000         43,000
 11.34  Subdivision 1.  Child
 11.35  Abuse Hotline
 11.36         167,000         18,000
 11.37  $167,000 the first year and $18,000 the 
 11.38  second year are to implement the child 
 11.39  abuse hotline under article 2, section 
 11.40  48. 
 11.41  Subd. 2.  Parental Self-help
 11.42          25,000         25,000
 11.43  $25,000 the first year and $25,000 the 
 11.44  second year are for a grant to a 
 11.45  nonprofit, statewide child abuse 
 11.46  prevention organization whose primary 
 11.47  focus is parental self-help and support.
 11.48  Sec. 16.  HEALTH                         120,000           -0- 
 11.49  This amount is for the expanded 
 11.50  projects for the Institute of Child and 
 11.51  Adolescent Sexual Health described in 
 11.52  article 2, section 43. 
 11.53  Sec. 17.  ATTORNEY GENERAL               190,000       190,000
 12.1   $190,000 the first year and $190,000 
 12.2   the second year are for the Drug Abuse 
 12.3   Resistance Education Advisory Council 
 12.4   for drug abuse resistance education 
 12.5   programs under Minnesota Statutes, 
 12.6   section 299A.331. 
 12.7   Sec. 18.  EDUCATION                      600,000           -0- 
 12.8   $600,000 the first year is for grants 
 12.9   to school districts for alternative 
 12.10  programming for at-risk and in-risk 
 12.11  students. 
 12.12     Sec. 19.  Minnesota Statutes 1994, section 16A.285, is 
 12.13  amended to read: 
 12.14     16A.285 [ALLOWED APPROPRIATION TRANSFERS.] 
 12.15     An agency in the executive, legislative, or judicial branch 
 12.16  may transfer state agency operational money between programs 
 12.17  within the same fund if:  (1) the agency first notifies the 
 12.18  commissioner as to the type and intent of the transfer; and (2) 
 12.19  the transfer is consistent with legislative intent.  If an 
 12.20  amount is specified for an item within an activity, that amount 
 12.21  must not be transferred or used for any other purpose. 
 12.22     The commissioner shall report the transfers to the chairs 
 12.23  of the senate finance and house of representatives ways and 
 12.24  means committees. 
 12.25     Sec. 20.  Minnesota Statutes 1994, section 243.51, 
 12.26  subdivision 1, is amended to read: 
 12.27     Subdivision 1.  The commissioner of corrections is hereby 
 12.28  authorized to contract with agencies and bureaus of the United 
 12.29  States attorney general and with the proper officials of other 
 12.30  states or a county of this state for the custody, care, 
 12.31  subsistence, education, treatment and training of persons 
 12.32  convicted of criminal offenses constituting felonies in the 
 12.33  courts of this state, the United States, or other states of the 
 12.34  United States.  Such contracts shall provide for reimbursing the 
 12.35  state of Minnesota for all costs or other expenses involved.  
 12.36  Funds received under such contracts shall be deposited in the 
 12.37  state treasury to the credit of the facility in which such 
 12.38  persons may be confined and are appropriated to the commissioner 
 12.39  of corrections for correctional purposes.  Any prisoner 
 12.40  transferred to the state of Minnesota pursuant to this 
 13.1   subdivision shall be subject to the terms and conditions of the 
 13.2   prisoner's original sentence as if the prisoner were serving the 
 13.3   same within the confines of the state in which the conviction 
 13.4   and sentence was had or in the custody of the United 
 13.5   States attorney general.  Nothing herein shall deprive such 
 13.6   inmate of the right to parole or the rights to legal process in 
 13.7   the courts of this state.  
 13.8      Sec. 21.  Minnesota Statutes 1994, section 243.51, 
 13.9   subdivision 3, is amended to read: 
 13.10     Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
 13.11  corrections is authorized to contract with agencies and bureaus 
 13.12  of the United States attorney general and with the appropriate 
 13.13  officials of any other state or county of this state for the 
 13.14  temporary detention of any person in custody pursuant to any 
 13.15  process issued under the authority of the United States, other 
 13.16  states of the United States, or the district courts of this 
 13.17  state.  The contract shall provide for reimbursement to the 
 13.18  state of Minnesota for all costs and expenses involved.  Money 
 13.19  received under contracts shall be deposited in the state 
 13.20  treasury to the credit of the facility in which the persons may 
 13.21  be confined and are appropriated to the commissioner of 
 13.22  corrections for correctional purposes. 
 13.23     Sec. 22.  Minnesota Statutes 1994, section 626.861, 
 13.24  subdivision 4, is amended to read: 
 13.25     Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts 
 13.26  from penalty assessments must be credited to a peace officer 
 13.27  officers training account in the special revenue fund.  The 
 13.28  peace officers standards and training board shall make the 
 13.29  following allocations from appropriated funds, net of operating 
 13.30  expenses:  
 13.31     (1) for fiscal year 1994: 
 13.32     (i) at least 25 percent for reimbursement to board-approved 
 13.33  skills courses; and 
 13.34     (ii) at least 13.5 percent for the school of law 
 13.35  enforcement; 
 13.36     (2) for fiscal year 1995: 
 14.1      (i) at least 17 percent to the community college system for 
 14.2   one-time start-up costs associated with the transition to an 
 14.3   integrated academic program; 
 14.4      (ii) at least eight percent for reimbursement to 
 14.5   board-approved skills courses in the technical college system; 
 14.6   and 
 14.7      (iii) at least 13.5 percent for the school of law 
 14.8   enforcement. 
 14.9      The balance in each year may be used to pay each local unit 
 14.10  of government an amount in proportion to the number of licensed 
 14.11  peace officers and constables employed, at a rate to be 
 14.12  determined by the board.  The disbursed amount must be used 
 14.13  exclusively for reimbursement of the cost of in-service training 
 14.14  required under this chapter and chapter 214. 
 14.15     (b) The board must not reduce allocations to law 
 14.16  enforcement agencies or higher education systems or institutions 
 14.17  to fund legal costs or other board-operating expenses not 
 14.18  presented in the board's biennial legislative budget request. 
 14.19     (c) No school in Minnesota certified by the board shall 
 14.20  provide a nondegree professional peace officer education program 
 14.21  for any state agency or local law enforcement agency after 
 14.22  December 31, 1994, without affirmative legislative approval. 
 14.23                             ARTICLE 2 
 14.24                      GENERAL CRIME PROVISIONS 
 14.25     Section 1.  Minnesota Statutes 1994, section 2.722, 
 14.26  subdivision 1, is amended to read: 
 14.27     Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
 14.28  state is divided into ten judicial districts composed of the 
 14.29  following named counties, respectively, in each of which 
 14.30  districts judges shall be chosen as hereinafter specified: 
 14.31     1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
 14.32  Sibley; 28 judges; and four permanent chambers shall be 
 14.33  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
 14.34  other shall be maintained at the place designated by the chief 
 14.35  judge of the district; 
 14.36     2.  Ramsey; 24 judges; 
 15.1      3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
 15.2   Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 
 15.3   chambers shall be maintained in Faribault, Albert Lea, Austin, 
 15.4   Rochester, and Winona; 
 15.5      4.  Hennepin; 57 judges; 
 15.6      5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
 15.7   Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
 15.8   Martin, and Jackson; 17 judges; and permanent chambers shall be 
 15.9   maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
 15.10     6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
 15.11     7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
 15.12  Stearns, Todd, Clay, Becker, and Wadena; 22 judges; and 
 15.13  permanent chambers shall be maintained in Moorhead, Fergus 
 15.14  Falls, Little Falls, and St. Cloud; 
 15.15     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
 15.16  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
 15.17  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
 15.18  maintained in Morris, Montevideo, and Willmar; 
 15.19     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
 15.20  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
 15.21  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
 15.22  20 judges; and permanent chambers shall be maintained in 
 15.23  Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
 15.24  and International Falls; 
 15.25     10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
 15.26  Chisago, and Washington; 34 35 judges; and permanent chambers 
 15.27  shall be maintained in Anoka, Stillwater, and other places 
 15.28  designated by the chief judge of the district. 
 15.29     Sec. 2.  Minnesota Statutes 1994, section 2.722, is amended 
 15.30  by adding a subdivision to read: 
 15.31     Subd. 4a.  [REFEREE VACANCY; CONVERSION TO JUDGESHIP.] When 
 15.32  a referee of the district court dies, resigns, retires, or is 
 15.33  removed from the position, the chief judge of the district shall 
 15.34  notify the supreme court and may petition to request that the 
 15.35  position be converted to a judgeship.  The supreme court shall 
 15.36  determine within 90 days of the petition whether to order the 
 16.1   position abolished or convert the position to a judgeship in the 
 16.2   affected or another judicial district.  The supreme court shall 
 16.3   certify any judicial vacancy to the governor, who shall fill it 
 16.4   in the manner provided by law. 
 16.5      Sec. 3.  Minnesota Statutes 1994, section 3.732, 
 16.6   subdivision 1, is amended to read: 
 16.7      Subdivision 1.  [DEFINITIONS.] As used in this section and 
 16.8   section 3.736 the terms defined in this section have the 
 16.9   meanings given them. 
 16.10     (1) "State" includes each of the departments, boards, 
 16.11  agencies, commissions, courts, and officers in the executive, 
 16.12  legislative, and judicial branches of the state of Minnesota and 
 16.13  includes but is not limited to the housing finance agency, the 
 16.14  higher education coordinating board, the higher education 
 16.15  facilities authority, the health technology advisory committee, 
 16.16  the armory building commission, the zoological board, the iron 
 16.17  range resources and rehabilitation board, the state agricultural 
 16.18  society, the University of Minnesota, state universities, 
 16.19  community colleges, state hospitals, and state penal 
 16.20  institutions.  It does not include a city, town, county, school 
 16.21  district, or other local governmental body corporate and politic.
 16.22     (2) "Employee of the state" means all present or former 
 16.23  officers, members, directors, or employees of the state, members 
 16.24  of the Minnesota national guard, members of a bomb disposal unit 
 16.25  approved by the commissioner of public safety and employed by a 
 16.26  municipality defined in section 466.01 when engaged in the 
 16.27  disposal or neutralization of bombs or other similar hazardous 
 16.28  explosives, as defined in section 299C.063, outside the 
 16.29  jurisdiction of the municipality but within the state, or 
 16.30  persons acting on behalf of the state in an official capacity, 
 16.31  temporarily or permanently, with or without compensation.  It 
 16.32  does not include either an independent contractor or members of 
 16.33  the Minnesota national guard while engaged in training or duty 
 16.34  under United States Code, title 10, or title 32, section 316, 
 16.35  502, 503, 504, or 505, as amended through December 31, 1983.  
 16.36  Notwithstanding sections 43A.02 and 611.263, for purposes of 
 17.1   this section and section 3.736 only, "employee of the state" 
 17.2   includes a district public defender or assistant district public 
 17.3   defender in the second or fourth judicial district and a member 
 17.4   of the health technology advisory committee. 
 17.5      (3) "Scope of office or employment" means that the employee 
 17.6   was acting on behalf of the state in the performance of duties 
 17.7   or tasks lawfully assigned by competent authority. 
 17.8      (4) "Judicial branch" has the meaning given in section 
 17.9   43A.02, subdivision 25. 
 17.10     Sec. 4.  [15.87] [VICTIMS OF VIOLENCE.] 
 17.11     In furtherance of the state policy of zero tolerance for 
 17.12  violence in section 1.50, the state shall have a goal of 
 17.13  providing: 
 17.14     (1) every victim of violence in Minnesota, regardless of 
 17.15  the county of residence, access to: 
 17.16     (i) crisis intervention services, including a 24-hour 
 17.17  emergency phone line; 
 17.18     (ii) safe housing; 
 17.19     (iii) counseling and peer support services; and 
 17.20     (iv) assistance in pursuing legal remedies and appropriate 
 17.21  medical care; and 
 17.22     (2) every child who is a witness to abuse or who is a 
 17.23  victim of violence, access to: 
 17.24     (i) crisis nursery care; 
 17.25     (ii) safe supervised child visitation, when needed; 
 17.26     (iii) age appropriate counseling and support; and 
 17.27     (iv) assistance with legal remedies, medical care, and 
 17.28  needed social services. 
 17.29     Sec. 5.  Minnesota Statutes 1994, section 176.192, is 
 17.30  amended to read: 
 17.31     176.192 [BOMB DISPOSAL UNIT EMPLOYEES.] 
 17.32     For purposes of this chapter, a member of a bomb disposal 
 17.33  unit approved by the commissioner of public safety and employed 
 17.34  by a municipality defined in section 466.01, is considered a 
 17.35  state an employee of the department of public safety solely for 
 17.36  the purposes of this chapter when disposing of or neutralizing 
 18.1   bombs or other similar hazardous explosives, as defined in 
 18.2   section 299C.063, for another municipality or otherwise outside 
 18.3   the jurisdiction of the employer-municipality but within the 
 18.4   state. 
 18.5      Sec. 6.  [242.40] [PLACEMENT OF JUVENILES AT RED WING AND 
 18.6   SAUK CENTRE PROHIBITED.] 
 18.7      Juveniles may no longer be confined in the department of 
 18.8   corrections' facilities at Red Wing and Sauk Centre after 
 18.9   January 1, 1997.  By January 1, 1997, all juveniles confined at 
 18.10  Red Wing and Sauk Centre must be transferred to either privately 
 18.11  owned and operated residential facilities licensed by the 
 18.12  department of corrections or, upon request of the county, back 
 18.13  to the county originally having jurisdiction over the juvenile. 
 18.14     Sec. 7.  Minnesota Statutes 1994, section 243.23, 
 18.15  subdivision 3, is amended to read: 
 18.16     Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
 18.17  subdivision 5, and 243.24, subdivision 1, the commissioner may 
 18.18  promulgate rules for the disbursement of funds earned under 
 18.19  subdivision 1, or other funds in an inmate account, and section 
 18.20  243.88, subdivision 2.  The commissioner shall first make 
 18.21  deductions for the following expenses provide for disbursements 
 18.22  in the following order of priority: 
 18.23     (1) federal and state taxes; 
 18.24     (2) repayment of advances; 
 18.25     (3) gate money as provided in section 243.24; and, where 
 18.26  applicable, mandatory savings as provided by United States Code, 
 18.27  title 18, section 1761, as amended.  The commissioner's rules 
 18.28  may then provide for disbursements to be made in the following 
 18.29  order of priority: 
 18.30     (1) for the (4) support of families and dependent relatives 
 18.31  of the respective inmates; 
 18.32     (2) for the (5) payment of court-ordered restitution; 
 18.33     (3) for (6) payment of fines, surcharges, or other fees 
 18.34  assessed or ordered by a court; 
 18.35     (4) for (7) contribution to any programs established by law 
 18.36  to aid victims of crime provided that the contribution shall not 
 19.1   be more than 20 percent of an inmate's gross wages; 
 19.2      (5) for the (8) room and board or other costs of 
 19.3   confinement; 
 19.4      (9) payment of restitution to the commissioner ordered by 
 19.5   prison disciplinary hearing officers for damage to property 
 19.6   caused by an inmate's conduct; and 
 19.7      (6) for the (10) discharge of any legal obligations arising 
 19.8   out of litigation under this subdivision.  
 19.9      The commissioner may authorize the payment of court-ordered 
 19.10  restitution from an inmate's wages when the restitution was 
 19.11  ordered by the court as a sanction for the conviction of an 
 19.12  offense which is not the offense of commitment, including 
 19.13  offenses which occurred prior to the offense for which the 
 19.14  inmate was committed to the commissioner.  An inmate of an adult 
 19.15  correctional facility under the control of the commissioner is 
 19.16  subject to actions for the enforcement of support obligations 
 19.17  and reimbursement of any public assistance rendered the 
 19.18  dependent family and relatives.  The commissioner may 
 19.19  conditionally release an inmate who is a party to an action 
 19.20  under this subdivision and provide for the inmate's detention in 
 19.21  a local detention facility convenient to the place of the 
 19.22  hearing when the inmate is not engaged in preparation and 
 19.23  defense. 
 19.24     Sec. 8.  Minnesota Statutes 1994, section 243.88, is 
 19.25  amended by adding a subdivision to read: 
 19.26     Subd. 5.  [DEDUCTIONS.] Notwithstanding any other law to 
 19.27  the contrary, any compensation paid to inmates under this 
 19.28  section is subject to section 243.23, subdivisions 2 and 3, and 
 19.29  rules of the commissioner of corrections. 
 19.30     Sec. 9.  [299A.326] [YOUTH NEIGHBORHOOD CENTERS; PILOT 
 19.31  PROJECTS ESTABLISHED.] 
 19.32     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 19.33  commissioner of public safety shall establish up to five pilot 
 19.34  projects at neighborhood centers serving youths between the ages 
 19.35  of 11 to 21.  At least three centers must be located in the 
 19.36  seven-county metropolitan area, the other two centers must be 
 20.1   located outside the seven-county metropolitan area.  The centers 
 20.2   must offer recreational activities, social services, meals, job 
 20.3   skills and career services, and provide referrals for youths to 
 20.4   other available services outside the centers.  The commissioner 
 20.5   shall consult with other appropriate agencies and, to the extent 
 20.6   possible, use existing resources and staff in creating the 
 20.7   programs.  The commissioner shall ensure that the programs are 
 20.8   adequately staffed by specially trained personnel and outreach 
 20.9   street workers.  Each center must integrate community volunteers 
 20.10  into the program's activities and services and cooperate with 
 20.11  local law enforcement agencies.  The centers must be open during 
 20.12  hours convenient to youths including evenings, weekends, and 
 20.13  extended summer hours.  However, there may not be any conflicts 
 20.14  with truancy laws.  Each center must have a plan for evaluation 
 20.15  designed to measure the program's effectiveness in aiding youths.
 20.16     Subd. 2.  [ADVISORY BOARD.] The commissioner shall 
 20.17  establish an advisory board to help develop plans and programs 
 20.18  for the youth centers established in subdivision 1.  The 
 20.19  commissioner shall encourage both youths and their families to 
 20.20  participate on the board. 
 20.21     Sec. 10.  Minnesota Statutes 1994, section 299A.38, 
 20.22  subdivision 2, is amended to read: 
 20.23     Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
 20.24  and heads of local law enforcement agencies who buy vests for 
 20.25  the use of peace officer employees may apply to the commissioner 
 20.26  for reimbursement of funds spent to buy vests.  On approving an 
 20.27  application for reimbursement, the commissioner shall pay the 
 20.28  applicant an amount equal to the lesser of one-third one-half of 
 20.29  the vest's purchase price or $165 $300.  The political 
 20.30  subdivision that employs the peace officer shall pay at least 
 20.31  the lesser of one-third one-half of the vest's purchase price or 
 20.32  $165 $300.  The political subdivision may not deduct or pay its 
 20.33  share of the vest's cost from any clothing, maintenance, or 
 20.34  similar allowance otherwise provided to the peace officer by the 
 20.35  law enforcement agency. 
 20.36     Sec. 11.  Minnesota Statutes 1994, section 299A.44, is 
 21.1   amended to read: 
 21.2      299A.44 [DEATH BENEFIT.] 
 21.3      Subdivision 1.  [PAYMENT REQUIRED.] On certification to the 
 21.4   governor by the commissioner of public safety that a public 
 21.5   safety officer employed within this state has been killed in the 
 21.6   line of duty, leaving a spouse or one or more eligible 
 21.7   dependents, the commissioner of finance shall pay $100,000 from 
 21.8   the public safety officer's benefit account, as follows: 
 21.9      (1) if there is no dependent child, to the spouse; 
 21.10     (2) if there is no spouse, to the dependent child or 
 21.11  children in equal shares; 
 21.12     (3) if there are both a spouse and one or more dependent 
 21.13  children, one-half to the spouse and one-half to the child or 
 21.14  children, in equal shares; 
 21.15     (4) if there is no surviving spouse or dependent child or 
 21.16  children, to the parent or parents dependent for support on the 
 21.17  decedent, in equal shares; or 
 21.18     (5) if there is no surviving spouse, dependent child, or 
 21.19  dependent parent, then no payment may be made from the public 
 21.20  safety officer's benefit fund.  
 21.21     Subd. 2.  [ADJUSTMENT OF BENEFIT.] On October 1 of each 
 21.22  year beginning after the effective date of this subdivision, the 
 21.23  commissioner of public safety shall adjust the level of the 
 21.24  benefit payable immediately before October 1 under subdivision 
 21.25  1, to reflect the annual percentage change in the Consumer Price 
 21.26  Index for all urban consumers, published by the federal Bureau 
 21.27  of Labor Statistics, occurring in the one-year period ending on 
 21.28  June 1 immediately preceding such October 1. 
 21.29     Sec. 12.  Minnesota Statutes 1994, section 299A.51, 
 21.30  subdivision 2, is amended to read: 
 21.31     Subd. 2.  [WORKERS' COMPENSATION.] During operations 
 21.32  authorized under section 299A.50, members of a regional 
 21.33  hazardous materials response team operating outside their 
 21.34  geographic jurisdiction are considered state employees of the 
 21.35  department of public safety for purposes of chapter 176. 
 21.36     Sec. 13.  [299C.063] [BOMB DISPOSAL EXPENSE REIMBURSEMENT.] 
 22.1      Subdivision 1.  [DEFINITIONS.] The terms used in this 
 22.2   section have the meanings given them in this subdivision: 
 22.3      (a) "Bomb disposal unit" means a commissioner-approved unit 
 22.4   consisting of persons who are trained and equipped to dispose of 
 22.5   or neutralize bombs or other similar hazardous explosives and 
 22.6   who are employed by a municipality. 
 22.7      (b) "Commissioner" means the commissioner of public safety. 
 22.8      (c) "Municipality" has the meaning given it in section 
 22.9   466.01. 
 22.10     (d) "Hazardous explosives" means explosives as defined in 
 22.11  section 299F.72, subdivision 2, explosive devices and incendiary 
 22.12  devices as defined in section 609.668, subdivision 1, and all 
 22.13  materials subject to regulation under United States Code, title 
 22.14  18, chapter 40. 
 22.15     Subd. 2.  [EXPENSE REIMBURSEMENT.] The commissioner may 
 22.16  reimburse bomb disposal units for reasonable expenses incurred 
 22.17  to dispose of or neutralize bombs or other similar hazardous 
 22.18  explosives for another municipality outside the jurisdiction of 
 22.19  the employer-municipality but within the state.  Reimbursement 
 22.20  is limited to the extent of appropriated funds. 
 22.21     Subd. 3.  [AGREEMENTS.] The commissioner may enter into 
 22.22  contracts or agreements with bomb disposal units to implement 
 22.23  and administer this section. 
 22.24     Sec. 14.  Minnesota Statutes 1994, section 299C.065, 
 22.25  subdivision 1a, is amended to read: 
 22.26     Subd. 1a.  [WITNESS AND VICTIM PROTECTION FUND.] A witness 
 22.27  and victim protection fund is created under the administration 
 22.28  of the commissioner of public safety superintendent of the 
 22.29  bureau of criminal apprehension.  The commissioner 
 22.30  superintendent may make grants to local officials to provide for 
 22.31  the relocation or other protection of a victim, witness, or 
 22.32  potential witness who is involved in a criminal prosecution and 
 22.33  who the commissioner superintendent has reason to believe is or 
 22.34  is likely to be the target of a violent crime or a violation of 
 22.35  section 609.498 or 609.713, in connection with that 
 22.36  prosecution.  The awarding of grants under this subdivision is 
 23.1   not limited to the crimes and investigations described in 
 23.2   subdivision 1.  The commissioner superintendent may award grants 
 23.3   for any of the following actions in connection with the 
 23.4   protection of a witness or victim under this subdivision: 
 23.5      (1) to provide suitable documents to enable the person to 
 23.6   establish a new identity or otherwise protect the person; 
 23.7      (2) to provide housing for the person; 
 23.8      (3) to provide for the transportation of household 
 23.9   furniture and other personal property to the person's new 
 23.10  residence; 
 23.11     (4) to provide the person with a payment to meet basic 
 23.12  living expenses for a time period the commissioner 
 23.13  superintendent deems necessary; 
 23.14     (5) to assist the person in obtaining employment; and 
 23.15     (6) to provide other services necessary to assist the 
 23.16  person in becoming self-sustaining. 
 23.17     Sec. 15.  Minnesota Statutes 1994, section 299C.10, is 
 23.18  amended by adding a subdivision to read: 
 23.19     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
 23.20  APPROPRIATION.] The superintendent shall collect a fee in an 
 23.21  amount to cover the expense for each background check provided 
 23.22  for a purpose not directly related to the criminal justice 
 23.23  system.  The proceeds of the fee must be deposited in a special 
 23.24  account.  Until July 1, 1997, money in the account is 
 23.25  appropriated to the commissioner to maintain and improve the 
 23.26  quality of the criminal record system in Minnesota. 
 23.27     Sec. 16.  Minnesota Statutes 1994, section 299C.62, 
 23.28  subdivision 4, is amended to read: 
 23.29     Subd. 4.  [RESPONSE OF BUREAU.] The superintendent shall 
 23.30  respond to a background check request within a reasonable time 
 23.31  after receiving the signed, written document described in 
 23.32  subdivision 2.  The superintendent's response shall be limited 
 23.33  to a statement that the background check crime information 
 23.34  contained in the document is or is not complete and 
 23.35  accurate.  The superintendent shall provide the children's 
 23.36  service provider with a copy of the applicant's criminal record 
 24.1   or a statement that the applicant is not the subject of a 
 24.2   criminal history record at the bureau.  It is the responsibility 
 24.3   of the service provider to determine if the applicant qualifies 
 24.4   as an employee or volunteer under this section. 
 24.5      Sec. 17.  Minnesota Statutes 1994, section 357.021, 
 24.6   subdivision 2, is amended to read: 
 24.7      Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 24.8   collected by the court administrator shall be as follows: 
 24.9      (1) In every civil action or proceeding in said court, the 
 24.10  plaintiff, petitioner, or other moving party shall pay, when the 
 24.11  first paper is filed for that party in said action, a fee of 
 24.12  $122. 
 24.13     The defendant or other adverse or intervening party, or any 
 24.14  one or more of several defendants or other adverse or 
 24.15  intervening parties appearing separately from the others, shall 
 24.16  pay, when the first paper is filed for that party in said 
 24.17  action, a fee of $122. 
 24.18     The party requesting a trial by jury shall pay $75. 
 24.19     The fees above stated shall be the full trial fee 
 24.20  chargeable to said parties irrespective of whether trial be to 
 24.21  the court alone, to the court and jury, or disposed of without 
 24.22  trial, and shall include the entry of judgment in the action, 
 24.23  but does not include copies or certified copies of any papers so 
 24.24  filed or proceedings under chapter 103E, except the provisions 
 24.25  therein as to appeals. 
 24.26     (2) Certified copy of any instrument from a civil or 
 24.27  criminal proceeding, $10, and $5 for an uncertified copy. 
 24.28     (3) Issuing a subpoena, $3 for each name. 
 24.29     (4) Issuing an execution and filing the return thereof; 
 24.30  issuing a writ of attachment, injunction, habeas corpus, 
 24.31  mandamus, quo warranto, certiorari, or other writs not 
 24.32  specifically mentioned, $10. 
 24.33     (5) Issuing a transcript of judgment, or for filing and 
 24.34  docketing a transcript of judgment from another court, $7.50. 
 24.35     (6) Filing and entering a satisfaction of judgment, partial 
 24.36  satisfaction, or assignment of judgment, $5. 
 25.1      (7) Certificate as to existence or nonexistence of 
 25.2   judgments docketed, $5 for each name certified to. 
 25.3      (8) Filing and indexing trade name; or recording basic 
 25.4   science certificate; or recording certificate of physicians, 
 25.5   osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 25.6      (9) For the filing of each partial, final, or annual 
 25.7   account in all trusteeships, $10. 
 25.8      (10) For the deposit of a will, $5. 
 25.9      (11) For recording notary commission, $25, of which, 
 25.10  notwithstanding subdivision 1a, paragraph (b), $20 must be 
 25.11  forwarded to the state treasurer to be deposited in the state 
 25.12  treasury and credited to the general fund. 
 25.13     (12) When a defendant pleads guilty to or is sentenced for 
 25.14  a petty misdemeanor other than a parking violation, the 
 25.15  defendant shall pay a fee of $11. 
 25.16     (13) Filing a motion or response to a motion for 
 25.17  modification of child support, a fee fixed by rule or order of 
 25.18  the supreme court.  
 25.19     (14) For the filing of a restraining order pursuant to 
 25.20  section 609.748, $60. 
 25.21     (15) All other services required by law for which no fee is 
 25.22  provided, such fee as compares favorably with those herein 
 25.23  provided, or such as may be fixed by rule or order of the court. 
 25.24     The fees in clauses (3) and (4) need not be paid by a 
 25.25  public authority or the party the public authority represents. 
 25.26     Sec. 18.  Minnesota Statutes 1994, section 481.01, is 
 25.27  amended to read: 
 25.28     481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS.] 
 25.29     The supreme court shall, by rule from time to time, 
 25.30  prescribe the qualifications of all applicants for admission to 
 25.31  practice law in this state, and shall appoint a board of law 
 25.32  examiners, which shall be charged with the administration of 
 25.33  such rules and with the examination of all applicants for 
 25.34  admission to practice law.  The board shall consist of not less 
 25.35  than three, nor more than seven, attorneys at law, who shall be 
 25.36  appointed each for the term of three years and until a successor 
 26.1   qualifies.  The supreme court may fill any vacancy in the board 
 26.2   for the unexpired term and in its discretion may remove any 
 26.3   member thereof.  The board shall have a seal and shall keep a 
 26.4   record of its proceedings, of all applications for admission to 
 26.5   practice, and of persons admitted to practice upon its 
 26.6   recommendation.  At least two times a year the board shall hold 
 26.7   examinations and report the result thereof, with its 
 26.8   recommendations, to the supreme court.  Upon consideration of 
 26.9   such report, the supreme court shall enter an order in the case 
 26.10  of each person examined, directing the board to reject or to 
 26.11  issue to the person a certificate of admission to practice.  The 
 26.12  board shall have such officers as may, from time to time, be 
 26.13  prescribed and designated by the supreme court.  The fee for 
 26.14  examination shall be fixed, from time to time, by the supreme 
 26.15  court, but shall not exceed $50.  Such fees, and any other fees 
 26.16  which may be received pursuant to such rules as the supreme 
 26.17  court may promulgate governing the practice of law and 
 26.18  court-related alternative dispute resolution practices shall be 
 26.19  paid to the state treasurer and shall constitute a special fund 
 26.20  in the state treasury.  The moneys in such fund are appropriated 
 26.21  annually to the supreme court for the payment of compensation 
 26.22  and expenses of the members of the board of law examiners and 
 26.23  for otherwise regulating the practice of law.  The moneys in 
 26.24  such fund shall never cancel.  Payments therefrom shall be made 
 26.25  by the state treasurer, upon warrants of the commissioner of 
 26.26  finance issued upon vouchers signed by one of the justices of 
 26.27  the supreme court.  The members of the board shall have such 
 26.28  compensation and such allowances for expenses as may, from time 
 26.29  to time, be fixed by the supreme court. 
 26.30     Sec. 19.  Minnesota Statutes 1994, section 609.101, 
 26.31  subdivision 1, is amended to read: 
 26.32     Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
 26.33  court sentences a person convicted of a felony, gross 
 26.34  misdemeanor, or misdemeanor, other than a petty misdemeanor such 
 26.35  as a traffic or parking violation, and if the sentence does not 
 26.36  include payment of a fine, the court shall impose an assessment 
 27.1   of not less than $25 nor more than $50.  If the sentence for the 
 27.2   felony, gross misdemeanor, or misdemeanor includes payment of a 
 27.3   fine of any amount, including a fine of less than $100, the 
 27.4   court shall impose a surcharge on the fine of 20 percent of the 
 27.5   fine.  This section applies whether or not the person is 
 27.6   sentenced to imprisonment and when the sentence is suspended.  
 27.7      (b) In addition to the assessments in paragraph (a), the 
 27.8   court shall assess the following surcharges a surcharge of $20 
 27.9   after a person is convicted: 
 27.10     (1) for a person charged with a felony, $25; 
 27.11     (2) for a person charged with a gross misdemeanor, $15; 
 27.12     (3) for a person charged with a misdemeanor other than a 
 27.13  traffic, parking, or local ordinance violation, $10; and 
 27.14     (4) for a person charged with a local ordinance violation 
 27.15  other than a parking or traffic violation, $5 of a violation of 
 27.16  state law or local ordinance, other than a traffic or parking 
 27.17  violation.  
 27.18  The surcharge must be assessed for the original charge, whether 
 27.19  or not it is subsequently reduced.  A person charged on more 
 27.20  than one count may be assessed only one surcharge under this 
 27.21  paragraph, but must be assessed for the most serious offense.  
 27.22  This paragraph applies whether or not the person is sentenced to 
 27.23  imprisonment and when the sentence is suspended. 
 27.24     (c) If the court fails to impose an assessment required by 
 27.25  paragraph (a), the court administrator shall correct the record 
 27.26  to show imposition of an assessment of $25 if the sentence does 
 27.27  not include payment of a fine, or if the sentence includes a 
 27.28  fine, to show an imposition of a surcharge of ten percent of the 
 27.29  fine.  If the court fails to impose an assessment required by 
 27.30  paragraph (b), the court administrator shall correct the record 
 27.31  to show imposition of the assessment described in paragraph (b). 
 27.32     (d) Except for assessments and surcharges imposed on 
 27.33  persons convicted of violations described in section 97A.065, 
 27.34  subdivision 2, the court shall collect and forward to the 
 27.35  commissioner of finance the total amount of the assessments or 
 27.36  surcharges and the commissioner shall credit all money so 
 28.1   forwarded to the general fund. 
 28.2      (e) If the convicted person is sentenced to imprisonment, 
 28.3   the chief executive officer of the correctional facility in 
 28.4   which the convicted person is incarcerated may collect the 
 28.5   assessment or surcharge from any earnings the inmate accrues for 
 28.6   work performed in the correctional facility and forward the 
 28.7   amount to the commissioner of finance, indicating the part that 
 28.8   was imposed for violations described in section 97A.065, 
 28.9   subdivision 2, which must be credited to the game and fish fund. 
 28.10     Sec. 20.  Minnesota Statutes 1994, section 609.101, 
 28.11  subdivision 2, is amended to read: 
 28.12     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
 28.13     (1), when a court sentences a person convicted of violating 
 28.14  section 609.221, 609.222, 609.223, 609.2231, 609.224, 609.267, 
 28.15  or 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
 28.16  must impose a fine of not less than $500 30 percent of the 
 28.17  maximum fine authorized by law nor more than the maximum fine 
 28.18  authorized by law; 
 28.19     (2) when a court sentences a person convicted of violating 
 28.20  section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
 28.21  609.345, it must impose a fine of not less than $300 nor more 
 28.22  than the maximum fine authorized by law; and 
 28.23     (3) when a court sentences a person convicted of violating 
 28.24  section 609.2231, 609.224, or 609.2672, it must impose a fine of 
 28.25  not less than $100 nor more than the maximum fine authorized by 
 28.26  law.  
 28.27     The court shall collect the portion of the fine mandated by 
 28.28  this subdivision and forward 70 percent of it to a local victim 
 28.29  assistance program that provides services locally in the county 
 28.30  in which the crime was committed.  The court shall forward the 
 28.31  remaining 30 percent to the commissioner of finance to be 
 28.32  credited to the general fund.  If more than one victim 
 28.33  assistance program serves the county in which the crime was 
 28.34  committed, the court may designate on a case-by-case basis which 
 28.35  program will receive the fine proceeds, giving consideration to 
 28.36  the nature of the crime committed, the types of victims served 
 29.1   by the program, and the funding needs of the program.  If no 
 29.2   victim assistance program serves that county, the court shall 
 29.3   forward 100 percent of the fine proceeds to the commissioner of 
 29.4   finance to be credited to the general fund.  Fine proceeds 
 29.5   received by a local victim assistance program must be used to 
 29.6   provide direct services to crime victims.  
 29.7      The minimum fine required by this subdivision is in 
 29.8   addition to the surcharge or assessment required by subdivision 
 29.9   1 and is in addition to any sentence of imprisonment or 
 29.10  restitution imposed or ordered by the court. 
 29.11     As used in this subdivision, "victim assistance program" 
 29.12  means victim witness programs within county attorney offices or 
 29.13  any of the following programs:  crime victim crisis centers, 
 29.14  victim-witness programs, battered women shelters and nonshelter 
 29.15  programs, and sexual assault programs. 
 29.16     Sec. 21.  Minnesota Statutes 1994, section 609.101, 
 29.17  subdivision 3, is amended to read: 
 29.18     Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
 29.19  (a) Notwithstanding any other law, when a court sentences a 
 29.20  person convicted of a controlled substance crime under sections 
 29.21  152.021 to 152.025, it must impose a fine of not less than 20 30 
 29.22  percent of the maximum fine authorized by law nor more than the 
 29.23  maximum fine authorized by law. 
 29.24     (b) The minimum fine required by this subdivision is in 
 29.25  addition to the surcharge or assessment required by subdivision 
 29.26  1 and is in addition to any sentence of imprisonment or 
 29.27  restitution imposed or ordered by the court. 
 29.28     (c) The court shall collect the fine mandated by this 
 29.29  subdivision and forward 70 percent of it to a local drug abuse 
 29.30  prevention program existing or being implemented in the county 
 29.31  in which the crime was committed.  The court shall forward the 
 29.32  remaining 30 percent to the state treasurer to be credited to 
 29.33  the general fund.  If more than one drug abuse prevention 
 29.34  program serves the county in which the crime was committed, the 
 29.35  court may designate on a case-by-case basis which program will 
 29.36  receive the fine proceeds, giving consideration to the community 
 30.1   in which the crime was committed, the funding needs of the 
 30.2   program, the number of peace officers in each community 
 30.3   certified to teach the program, and the number of children 
 30.4   served by the program in each community.  If no drug abuse 
 30.5   prevention program serves communities in that county, the court 
 30.6   shall forward 100 percent of the fine proceeds to the state 
 30.7   treasurer to be credited to the general fund.  
 30.8      (d) The minimum fines required by this subdivision shall be 
 30.9   collected as are other fines.  Fine proceeds received by a local 
 30.10  drug abuse prevention program must be used to support that 
 30.11  program, and may be used for salaries of peace officers 
 30.12  certified to teach the program.  The drug abuse resistance 
 30.13  education program must report receipt and use of money generated 
 30.14  under this subdivision as prescribed by the drug abuse 
 30.15  resistance education advisory council. 
 30.16     (e) As used in this subdivision, "drug abuse prevention 
 30.17  program" and "program" include: 
 30.18     (1) the drug abuse resistance education program described 
 30.19  in sections 299A.33 and 299A.331; and 
 30.20     (2) any similar drug abuse education and prevention program 
 30.21  that includes the following components: 
 30.22     (A) instruction for students enrolled in kindergarten 
 30.23  through grade six that is designed to teach students to 
 30.24  recognize and resist pressures to experiment with controlled 
 30.25  substances and alcohol; 
 30.26     (B) provisions for parental involvement; 
 30.27     (C) classroom instruction by uniformed law enforcement 
 30.28  personnel; 
 30.29     (D) the use of positive student leaders to influence 
 30.30  younger students not to use drugs; and 
 30.31     (E) an emphasis on activity-oriented techniques designed to 
 30.32  encourage student-generated responses to problem-solving 
 30.33  situations. 
 30.34     Sec. 22.  Minnesota Statutes 1994, section 609.135, is 
 30.35  amended by adding a subdivision to read: 
 30.36     Subd. 8.  [FINE AND SURCHARGE COLLECTION.] A defendant's 
 31.1   obligation to pay court-ordered fines, surcharges, court costs, 
 31.2   and fees shall survive for a period of six years from the date 
 31.3   of the expiration of the defendant's stayed sentence for the 
 31.4   offense for which the fines, surcharges, court costs, and fees 
 31.5   were imposed, or six years from the imposition or due date of 
 31.6   the fines, surcharges, court costs, and fees, whichever is later.
 31.7      Sec. 23.  Minnesota Statutes 1994, section 609.748, 
 31.8   subdivision 3a, is amended to read: 
 31.9      Subd. 3a.  [FILING FEE WAIVED.] The filing fees for a 
 31.10  restraining order under this section are waived for the 
 31.11  petitioner shall be as indicated in section 357.021.  The court 
 31.12  administrator and the sheriff of any county in this state shall 
 31.13  perform their duties relating to service of process without 
 31.14  charge to the petitioner.  The court shall direct payment of the 
 31.15  reasonable costs of service of process if served by a private 
 31.16  process server when the sheriff is unavailable or if service is 
 31.17  made by publication, without requiring the petitioner to make 
 31.18  application under section 563.01.  The court may direct a 
 31.19  respondent to pay to the court administrator the petitioner's 
 31.20  filing fees and reasonable costs of service of process if the 
 31.21  court determines that the respondent has the ability to pay the 
 31.22  petitioner's fees and costs. 
 31.23     Sec. 24.  Minnesota Statutes 1994, section 611.17, is 
 31.24  amended to read: 
 31.25     611.17 [FINANCIAL INQUIRY; STATEMENTS.] 
 31.26     (a) Each judicial district must screen requests under 
 31.27  paragraph (b).  
 31.28     (b) Upon a request for the appointment of counsel, the 
 31.29  court shall make appropriate inquiry into the financial 
 31.30  circumstances of the applicant, who shall submit a financial 
 31.31  statement under oath or affirmation setting forth the 
 31.32  applicant's assets and liabilities, including the value of any 
 31.33  real property owned by the applicant, whether homestead or 
 31.34  otherwise, less the amount of any encumbrances on the real 
 31.35  property, the source or sources of income, and any other 
 31.36  information required by the court.  The applicant shall be under 
 32.1   a continuing duty while represented by a public defender to 
 32.2   disclose any changes in the applicant's financial circumstances 
 32.3   that might be relevant to the applicant's eligibility for a 
 32.4   public defender.  The state public defender shall furnish 
 32.5   appropriate forms for the financial statements.  The forms must 
 32.6   contain conspicuous notice of the applicant's continuing duty to 
 32.7   disclose to the court changes in the applicant's financial 
 32.8   circumstances.  The information contained in the statement shall 
 32.9   be confidential and for the exclusive use of the court and the 
 32.10  public defender appointed by the court to represent the 
 32.11  applicant except for any prosecution under section 609.48.  A 
 32.12  refusal to execute the financial statement or produce financial 
 32.13  records constitutes a waiver of the right to the appointment of 
 32.14  a public defender. 
 32.15     Sec. 25.  Minnesota Statutes 1994, section 611.20, is 
 32.16  amended by adding a subdivision to read: 
 32.17     Subd. 4.  [EMPLOYED DEFENDANTS.] A defendant who is 
 32.18  employed when a public defender is appointed, or who becomes 
 32.19  employed while represented by a public defender, shall reimburse 
 32.20  the state for the cost of the public defender.  The court may 
 32.21  accept partial reimbursement from the defendant if the 
 32.22  defendant's financial circumstances warrant a reduced 
 32.23  reimbursement schedule.  The court may consider the guidelines 
 32.24  in subdivision 6 in determining a defendant's reimbursement 
 32.25  schedule.  If a defendant does not agree to make payments, the 
 32.26  court may order the defendant's employer to withhold a 
 32.27  percentage of the defendant's income to be turned over to the 
 32.28  court.  The percentage to be withheld may be determined under 
 32.29  subdivision 6. 
 32.30     Sec. 26.  Minnesota Statutes 1994, section 611.20, is 
 32.31  amended by adding a subdivision to read: 
 32.32     Subd. 5.  [REIMBURSEMENT RATE.] Legal fees required to be 
 32.33  reimbursed under subdivision 4, shall be determined by 
 32.34  multiplying the total number of hours worked on the case by a 
 32.35  public defender by $30 per hour.  The public defender assigned 
 32.36  to the defendant's case shall provide to the court, upon the 
 33.1   court's request, a written statement containing the total number 
 33.2   of hours worked on the defendant's case up to the time of the 
 33.3   request. 
 33.4      Sec. 27.  Minnesota Statutes 1994, section 611.20, is 
 33.5   amended by adding a subdivision to read: 
 33.6      Subd. 6.  [REIMBURSEMENT SCHEDULE GUIDELINES.] In 
 33.7   determining a defendant's reimbursement schedule, the court may 
 33.8   derive a specific dollar amount per month by multiplying the 
 33.9   defendant's net income by the percent indicated by the following 
 33.10  guidelines: 
 33.11     
 33.12  Net Income Per              Number of Dependents 
 33.13  Month of Defendant          Not Including Defendant 
 33.14                              4 or     3       2       1      0  
 33.15                              more                      
 33.16  $200 and Below              Percentage based on the ability of 
 33.17                              the defendant to pay as determined 
 33.18                              by the court. 
 33.19  $200 - 350                  8%   9.5%  11%    12.5%  14%
 33.20  $351 - 500                  9%   11%   12.5%  14%    15%
 33.21  $501 - 650                 10%   12%   14%    15%    17%
 33.22  $651 - 800                 11%   13.5% 15.5%  17%    19%
 33.23  $801 and above             12%   14.5% 17%    19%    20%   
 33.24     "Net income" shall have the meaning given it in section 
 33.25  518.551, subdivision 5. 
 33.26     Sec. 28.  Minnesota Statutes 1994, section 611.20, is 
 33.27  amended by adding a subdivision to read: 
 33.28     Subd. 7.  [INCOME WITHHOLDING.] (a) Whenever an obligation 
 33.29  for reimbursement of public defender costs is ordered by a court 
 33.30  under this section, the amount of reimbursement as determined by 
 33.31  court order must be withheld from the income of the person 
 33.32  obligated to pay.  The court shall serve a copy of the 
 33.33  reimbursement order on the defendant's employer.  
 33.34  Notwithstanding any law to the contrary, the order is binding on 
 33.35  the employer when served.  Withholding must begin no later than 
 33.36  the first pay period that occurs after 14 days following the 
 34.1   date of the notice.  The employer shall withhold from the income 
 34.2   payable to the defendant the amount specified in the order and 
 34.3   shall remit, within ten days of the date the defendant is paid 
 34.4   the remainder of the income, the amounts withheld to the court. 
 34.5      (b) An employer shall not discharge, or refuse to hire, or 
 34.6   otherwise discipline an employee as a result of a wage or salary 
 34.7   withholding authorized by this section.  The employer shall be 
 34.8   liable to the court for any amounts required to be withheld.  An 
 34.9   employer that fails to withhold or transfer funds in accordance 
 34.10  with this section is also liable for interest on the funds at 
 34.11  the rate applicable to judgments under section 549.09, computed 
 34.12  from the date the funds were required to be withheld.  An 
 34.13  employer that has failed to comply with the requirements of this 
 34.14  section is subject to contempt of court. 
 34.15     (c) Amounts withheld under this section do not supersede or 
 34.16  have priority over amounts withheld pursuant to other sections 
 34.17  of law. 
 34.18     Sec. 29.  Minnesota Statutes 1994, section 611.27, 
 34.19  subdivision 4, is amended to read: 
 34.20     Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
 34.21  subdivision 1 directing counties to pay the costs of public 
 34.22  defense service shall not be in effect between January July 1, 
 34.23  1995, and July 1, 1995 1997.  This subdivision only relates to 
 34.24  costs associated with felony, gross misdemeanor, juvenile, and 
 34.25  misdemeanor public defense services.  Notwithstanding the 
 34.26  provisions of this subdivision, in the first, fifth, seventh, 
 34.27  ninth, and tenth judicial districts, the cost of juvenile and 
 34.28  misdemeanor public defense services for cases opened prior to 
 34.29  January 1, 1995, shall remain the responsibility of the 
 34.30  respective counties in those districts, even though the cost of 
 34.31  these services may occur after January 1, 1995. 
 34.32     Sec. 30.  Minnesota Statutes 1994, section 611.35, 
 34.33  subdivision 1, is amended to read: 
 34.34     Subdivision 1.  Any person who is represented by a public 
 34.35  defender or appointive counsel shall, if financially able to 
 34.36  pay, reimburse the governmental unit chargeable with the 
 35.1   compensation of such public defender or appointive counsel for 
 35.2   the actual costs to the governmental unit in providing the 
 35.3   services of the public defender or appointive counsel.  The 
 35.4   court in hearing such matter shall ascertain the amount of such 
 35.5   costs to be charged to the defendant and shall direct 
 35.6   reimbursement over a period of not to exceed six months, unless 
 35.7   the court for good cause shown shall extend the period of 
 35.8   reimbursement.  If a term of probation is imposed as a part of a 
 35.9   sentence, reimbursement of costs as required by this subdivision 
 35.10  may chapter must not be made a condition of probation.  
 35.11  Reimbursement of costs as required by this chapter is a civil 
 35.12  obligation and must not be made a condition of a criminal 
 35.13  sentence. 
 35.14     Sec. 31.  [611A.675] [FUND FOR EMERGENCY NEEDS OF CRIME 
 35.15  VICTIMS.] 
 35.16     Subdivision 1.  [GRANTS AUTHORIZED.] The crime victims 
 35.17  reparations board shall make grants to local law enforcement 
 35.18  agencies for the purpose of providing emergency assistance to 
 35.19  victims.  As used in this section, "emergency assistance" 
 35.20  includes but is not limited to: 
 35.21     (1) replacement of necessary property that was lost, 
 35.22  damaged, or stolen as a result of the crime; 
 35.23     (2) purchase and installation of necessary home security 
 35.24  devices; and 
 35.25     (3) transportation to locations related to the victim's 
 35.26  needs as a victim, such as medical facilities and facilities of 
 35.27  the criminal justice system. 
 35.28     Subd. 2.  [APPLICATION FOR GRANTS.] A county sheriff or the 
 35.29  chief administrative officer of a municipal police department 
 35.30  may apply to the board for a grant for any of the purposes 
 35.31  described in subdivision 1 or for any other emergency assistance 
 35.32  purpose approved by the board.  The application must be on forms 
 35.33  and pursuant to procedures developed by the board.  The 
 35.34  application must describe the type or types of intended 
 35.35  emergency assistance, estimate the amount of money required, and 
 35.36  include any other information deemed necessary by the board. 
 36.1      Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A county 
 36.2   sheriff or chief administrative officer of a municipal police 
 36.3   department who receives a grant under this section shall report 
 36.4   all expenditures to the board on a quarterly basis.  The sheriff 
 36.5   or chief administrative officer shall also file an annual report 
 36.6   with the board itemizing the expenditures made during the 
 36.7   preceding year, the purpose of those expenditures, and the 
 36.8   ultimate disposition, if any, of each assisted victim's criminal 
 36.9   case. 
 36.10     Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
 36.11  1997, the board shall report to the chairs of the senate crime 
 36.12  prevention and house of representatives judiciary committees on 
 36.13  the implementation, use, and administration of the grant program 
 36.14  created under this section. 
 36.15     Sec. 32.  Minnesota Statutes 1994, section 626.841, is 
 36.16  amended to read: 
 36.17     626.841 [BOARD; MEMBERS.] 
 36.18     The board of peace officer standards and training shall be 
 36.19  composed of the following 15 members: 
 36.20     (a) Two members to be appointed by the governor from among 
 36.21  the county sheriffs in Minnesota; 
 36.22     (b) Four members to be appointed by the governor from among 
 36.23  peace officers in Minnesota municipalities, at least two of whom 
 36.24  shall be chiefs of police; 
 36.25     (c) Two members to be appointed by the governor from among 
 36.26  peace officers, at least one of whom shall be a member of the 
 36.27  Minnesota state patrol association; 
 36.28     (d) The superintendent of the Minnesota bureau of criminal 
 36.29  apprehension or a designee; 
 36.30     (e) Two members appointed by the governor experienced in 
 36.31  law enforcement at a local, state, or federal level from among 
 36.32  peace officers, or former peace officers, who are not currently 
 36.33  employed as on a full-time basis in a professional peace 
 36.34  officers officer education program; 
 36.35     (f) Two members to be appointed by the governor, one member 
 36.36  to be appointed from among administrators of Minnesota colleges 
 37.1   or universities that offer professional peace officer education, 
 37.2   and one member to be appointed from among the elected city 
 37.3   officials in statutory or home rule charter cities of under 
 37.4   5,000 population outside the metropolitan area, as defined in 
 37.5   section 473.121, subdivision 2; 
 37.6      (g) Two members appointed by the governor from among the 
 37.7   general public.  
 37.8      A chair shall be appointed by the governor from among the 
 37.9   members.  In making appointments the governor shall strive to 
 37.10  achieve representation from among the geographic areas of the 
 37.11  state. 
 37.12     Sec. 33.  [626.8555] [PEACE OFFICER EDUCATION PROGRAMS.] 
 37.13     Metropolitan State University and Minneapolis Community 
 37.14  College, in consultation with the POST board and state and local 
 37.15  law enforcement agencies in the seven-county metropolitan area, 
 37.16  shall provide core law enforcement courses in an accelerated 
 37.17  time period for students in the metropolitan area.  These 
 37.18  courses shall be available at the beginning of the 1995-1996 
 37.19  academic year and are contingent on sufficient program 
 37.20  enrollment.  The POST board and the state colleges and 
 37.21  universities shall evaluate the accelerated law enforcement 
 37.22  program and report to the 1997 legislature. 
 37.23     Sec. 34.  Minnesota Statutes 1994, section 626.861, 
 37.24  subdivision 1, is amended to read: 
 37.25     Subdivision 1.  [LEVY OF ASSESSMENT.] There is levied a 
 37.26  penalty assessment of 15 percent on each fine imposed and 
 37.27  collected by the courts of this state for traffic offenses in 
 37.28  violation of chapters 168 to 173 or equivalent local ordinances, 
 37.29  other than a fine or forfeiture for a violation of a local 
 37.30  ordinance or other law relating to the parking of a vehicle.  In 
 37.31  cases where the defendant is convicted but a fine is not 
 37.32  imposed, or execution of the fine is stayed, the court shall 
 37.33  impose a penalty assessment of not less than $5 nor more than 
 37.34  $10 when the conviction is for a misdemeanor or petty 
 37.35  misdemeanor, and shall impose a penalty assessment of not less 
 37.36  than $10 $25 but not more than $50 when the conviction is for a 
 38.1   misdemeanor, gross misdemeanor, or felony.  Where multiple 
 38.2   offenses are involved, the penalty assessment shall be assessed 
 38.3   separately on each offense for which the defendant is 
 38.4   sentenced.  If imposition or execution of sentence is stayed for 
 38.5   all of the multiple offenses, the penalty assessment shall be 
 38.6   based upon the most serious offense of which the defendant was 
 38.7   convicted.  Where the court suspends a portion of a fine, the 
 38.8   suspended portion shall not be counted in determining the amount 
 38.9   of the penalty assessment unless the offender is ordered to pay 
 38.10  the suspended portion of the fine.  Suspension of an entire fine 
 38.11  shall be treated as a stay of execution for purposes of 
 38.12  computing the amount of the penalty assessment.  
 38.13     Sec. 35.  Laws 1993, chapter 255, section 1, subdivision 1, 
 38.14  is amended to read: 
 38.15     Section 1.  [NONFELONY ENFORCEMENT ADVISORY COMMITTEE.] 
 38.16     Subdivision 1.  [DUTIES.] The nonfelony enforcement 
 38.17  advisory committee shall study current enforcement and 
 38.18  prosecution of all nonfelony offenses under Minnesota law.  The 
 38.19  committee shall evaluate the effect of prosecutorial 
 38.20  jurisdiction over misdemeanor and gross misdemeanor crimes 
 38.21  against the person on effective law enforcement and public 
 38.22  safety.  The committee shall analyze the relative penalty levels 
 38.23  for nonfelony crimes against the person and, low-level felony 
 38.24  property crimes, and crimes for which there are both felony and 
 38.25  nonfelony penalties.  The committee shall recommend any 
 38.26  necessary changes in Minnesota law to achieve the following 
 38.27  goals: 
 38.28     (1) proportionality of penalties for gross misdemeanors, 
 38.29  misdemeanors, and petty misdemeanors; 
 38.30     (2) effective enforcement and prosecution of these 
 38.31  offenses; and 
 38.32     (3) efficient use of the resources of the criminal justice 
 38.33  system. 
 38.34     Sec. 36.  Laws 1993, chapter 255, section 1, subdivision 4, 
 38.35  is amended to read: 
 38.36     Subd. 4.  [REPORT.] By October 1, 1995 January 15, 1997, 
 39.1   the committee shall report its findings and recommendations for 
 39.2   revisions in Minnesota law to the chairs of the senate committee 
 39.3   on crime prevention and the house committee on judiciary. 
 39.4      Sec. 37.  Laws 1993, chapter 255, section 2, is amended to 
 39.5   read: 
 39.6      Sec. 2.  [REPEALER.] 
 39.7      Section 1 is repealed effective October 15, 1995 December 
 39.8   31, 1996. 
 39.9      Sec. 38.  Laws 1994, chapter 643, section 79, subdivision 
 39.10  1, is amended to read: 
 39.11     Subdivision 1.  [GRANTS AUTHORIZED.] The commissioner of 
 39.12  corrections shall make grants to Hennepin county, Ramsey county, 
 39.13  or groups of counties, excluding counties in the joint powers 
 39.14  board operating the northwestern Minnesota juvenile training 
 39.15  center for grants made in 1994 or 1995, for up to 75 percent of 
 39.16  the construction cost of secure juvenile detention and treatment 
 39.17  facilities.  The commissioner shall ensure that grants are 
 39.18  distributed so that facilities are available for both male and 
 39.19  female juveniles, and that the needs of very young offenders can 
 39.20  be met.  The commissioner shall also require that programming in 
 39.21  the facilities be culturally specific and sensitive.  To the 
 39.22  extent possible, grants should be made for facilities or living 
 39.23  units of 15 beds or fewer.  No more than one grant shall be made 
 39.24  in each judicial district.  However, grant proposals may include 
 39.25  more than one site, and funds may be authorized to each county 
 39.26  in which a site is contained.  
 39.27     Sec. 39.  Laws 1994, chapter 643, section 79, subdivision 
 39.28  3, is amended to read: 
 39.29     Subd. 3.  [ELIGIBILITY.] Applicants must include a 
 39.30  cooperative plan for the secure detention and treatment of 
 39.31  juveniles among the applicant counties.  The cooperative plan 
 39.32  must identify the location of facilities.  Facilities must be 
 39.33  located within 15 20 miles of a permanent chambers within the 
 39.34  judicial district, as specified in section 2.722, or at the site 
 39.35  of an existing county home facility, as authorized in section 
 39.36  260.094, or at the site of an existing detention home, as 
 40.1   authorized in section 260.101. 
 40.2      Sec. 40.  Laws 1994, chapter 643, section 79, subdivision 
 40.3   4, is amended to read: 
 40.4      Subd. 4.  [ALLOCATION FORMULA.] (a) The commissioner must 
 40.5   determine the amount available for grants for counties in each 
 40.6   judicial district under this subdivision. 
 40.7      (b) Five percent of the money appropriated for these grants 
 40.8   shall be allocated for the counties in each judicial district 
 40.9   for a mileage distribution allowance in proportion to the 
 40.10  percent each county's surface area comprises of the total 
 40.11  surface area of the state.  Ninety-five percent of the money 
 40.12  appropriated for these grants shall be allocated for the 
 40.13  counties in each judicial district using the formula in section 
 40.14  401.10. 
 40.15     (c) The amount allocated for all counties within a judicial 
 40.16  district shall be totaled to determine the amount available for 
 40.17  a grant grants within that judicial district.  Amounts 
 40.18  attributable to a county which the commissioner has authorized 
 40.19  to cooperate in a grant with a county or counties in an adjacent 
 40.20  judicial district shall be reallocated to that judicial district.
 40.21     Sec. 41.  [CORRECTIONAL FACILITY AUTHORIZED.] 
 40.22     The commissioner of corrections may establish a minimum 
 40.23  security adult correctional facility for men at Camp Ripley.  
 40.24  The commissioner is authorized to enter into negotiations and 
 40.25  contracts with appropriate parties to establish the facility.  
 40.26     Sec. 42.  [ELECTRONIC ALCOHOL MONITORING OF DWI OFFENDERS; 
 40.27  PILOT PROGRAM.] 
 40.28     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 40.29  following terms have the meaning given them in this subdivision. 
 40.30     (a) "Breath analyzer unit" means a device that performs 
 40.31  breath alcohol testing and is connected to a remote electronic 
 40.32  alcohol monitoring system. 
 40.33     (b) "Remote electronic alcohol monitoring system" means a 
 40.34  system that electronically monitors the alcohol concentration of 
 40.35  individuals in their homes to ensure compliance with 
 40.36  court-ordered conditions of pretrial release, supervised 
 41.1   release, or probation. 
 41.2      Subd. 2.  [PILOT PROGRAM ESTABLISHED.] In cooperation with 
 41.3   the conference of chief judges, the state court administrator, 
 41.4   and the commissioner of public safety, the commissioner of 
 41.5   corrections shall establish a three-year pilot program to 
 41.6   evaluate the effectiveness of using breath analyzer units to 
 41.7   monitor DWI offenders who are ordered to abstain from alcohol 
 41.8   use as a condition of pretrial release, supervised release, or 
 41.9   probation.  The pilot program must include procedures ensuring 
 41.10  that violators of this condition of release receive swift 
 41.11  consequences for the violation. 
 41.12     The commissioner of corrections shall select at least two 
 41.13  judicial districts to participate in the pilot program.  
 41.14  Offenders who are ordered to use a breath analyzer unit shall 
 41.15  also be ordered to pay the per diem cost of the monitoring 
 41.16  unless the offender is indigent.  The commissioner of 
 41.17  corrections shall reimburse the judicial districts for any costs 
 41.18  the districts incur in participating in the program. 
 41.19     After three years, the commissioner of corrections shall 
 41.20  evaluate the effectiveness of the program and shall report the 
 41.21  results of this evaluation to the conference of chief judges, 
 41.22  the state court administrator, the commissioner of public 
 41.23  safety, and the chairs of the house of representatives and 
 41.24  senate committees having jurisdiction over criminal justice 
 41.25  policy and finance. 
 41.26     Sec. 43.  [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL 
 41.27  HEALTH.] 
 41.28     Subdivision 1.  [EXPANDED PROJECTS.] The Institute for 
 41.29  Child and Adolescent Sexual Health shall continue to provide 
 41.30  intervention services for children aged 8 to 10 who are 
 41.31  exhibiting sexually aggressive behavior and who are not 
 41.32  currently receiving any treatment.  The institute shall 
 41.33  establish at least one pilot project to develop and implement an 
 41.34  earlier intervention strategies program for younger children 
 41.35  identified as high risk to become sex offenders. 
 41.36     Subd. 2.  [REPORT.] The Institute for Child and Adolescent 
 42.1   Sexual Health shall report to the chairs of the senate crime 
 42.2   prevention and house of representatives judiciary committees 
 42.3   before March 1, 1996, on the status and preliminary findings of 
 42.4   the pilot project. 
 42.5      Sec. 44.  [RAMSEY COUNTY; JUVENILE VIOLENCE PREVENTION AND 
 42.6   ENFORCEMENT UNIT; MEMBERS; DUTIES.] 
 42.7      The county of Ramsey may establish a pilot project that 
 42.8   creates a juvenile violence prevention and enforcement unit 
 42.9   consisting of one prosecutor, one investigating officer, one 
 42.10  legal assistant, and one victim/witness coordinator. 
 42.11     The juvenile violence prevention and enforcement unit shall:
 42.12     (1) target, investigate, and prosecute juveniles who commit 
 42.13  crimes using dangerous weapons, as defined in Minnesota 
 42.14  Statutes, section 609.02, subdivision 6; 
 42.15     (2) identify, track, investigate, and prosecute persons who 
 42.16  furnish dangerous weapons to juveniles; 
 42.17     (3) work closely with other members of the criminal justice 
 42.18  system, including other local jurisdictions, the Bureau of 
 42.19  Alcohol, Tobacco, and Firearms of the United States Treasury 
 42.20  Department, and out-of-state agencies involved in investigating 
 42.21  and prosecuting juvenile violence; and 
 42.22     (4) develop a collaborative relationship with neighborhoods 
 42.23  and communities that are involved with the juvenile violence 
 42.24  prevention problem. 
 42.25     Sec. 45.  [TASK FORCE ON JUVENILE FACILITY ALTERNATIVES.] 
 42.26     Subdivision 1.  [TASK FORCE ESTABLISHED.] A task force is 
 42.27  established to study how services are provided to juveniles in 
 42.28  residential facilities.  The task force shall develop plans 
 42.29  addressing alternative methods by which the services, programs, 
 42.30  and responsibilities for the class of juvenile offenders 
 42.31  currently sent to the department of corrections' facilities at 
 42.32  Red Wing and Sauk Centre may be provided. 
 42.33     Subd. 2.  [REPORT REQUIRED.] The task force shall report 
 42.34  its recommendations to the chairs of the senate crime prevention 
 42.35  and the house of representatives judiciary committees by 
 42.36  February 1, 1996.  The report must address how the services, 
 43.1   programs, and responsibilities for the class of juvenile 
 43.2   offenders currently sent to the department of corrections' 
 43.3   facilities at Red Wing and Sauk Centre may be provided in a 
 43.4   different manner, including by being taken over by the private 
 43.5   sector.  The report must specifically address the feasibility of 
 43.6   privatization, specifically address the financial implications 
 43.7   of privatization, and recommend future uses for the facilities 
 43.8   at Red Wing and Sauk Centre in the event of privatization. 
 43.9      Subd. 3.  [MEMBERSHIP.] By July 1, 1995, the speaker of the 
 43.10  house of representatives and majority leader of the senate shall 
 43.11  appoint individuals who have demonstrated experience in the 
 43.12  juvenile justice field and who are representatives or designees 
 43.13  of the following to serve as members of the task force: 
 43.14     (1) the commissioner of corrections; 
 43.15     (2) the commissioner of human services; 
 43.16     (3) a public defender; 
 43.17     (4) a prosecutor; 
 43.18     (5) two juvenile corrections specialists from nonpublic 
 43.19  service providers; 
 43.20     (6) a juvenile court judge; 
 43.21     (7) a community corrections county; 
 43.22     (8) a noncommunity corrections county; 
 43.23     (9) two public members, at least one of whom is a parent of 
 43.24  a child who was a client in the juvenile justice system; 
 43.25     (10) two county commissioners, one from a community 
 43.26  corrections act county and the other from a noncommunity 
 43.27  corrections act county; and 
 43.28     (11) an educator. 
 43.29     In addition, at least one majority and one minority member 
 43.30  of the senate and one majority and one minority member of the 
 43.31  house of representatives shall serve on the committee. 
 43.32     The speaker of the house of representatives and the 
 43.33  majority leader of the senate shall appoint the chair of the 
 43.34  task force from among the task force members. 
 43.35     Sec. 46.  [DATA ACCESS ON INTERNET.] 
 43.36     The criminal justice information policy group shall develop 
 44.1   a plan for providing databases containing private or 
 44.2   confidential data to law enforcement agencies on the Internet 
 44.3   with appropriate security provisions. 
 44.4      Sec. 47.  [TRAINING COMMITTEE MEMBERSHIP.] 
 44.5      At least one person shall be appointed to the peace officer 
 44.6   standards and training board's training committee from among 
 44.7   higher education representatives of Minnesota colleges or 
 44.8   universities that offer professional peace officer education. 
 44.9      Sec. 48.  [CHILD ABUSE HELPLINE.] 
 44.10     Subdivision 1.  [PLAN.] The commissioner of human services, 
 44.11  in consultation with the commissioner of public safety, shall 
 44.12  develop a plan for an integrated statewide toll-free 24-hour 
 44.13  telephone helpline to provide consultative services to parents, 
 44.14  family members, law enforcement personnel, and social service 
 44.15  professionals regarding the physical and sexual abuse of 
 44.16  children.  The plan must: 
 44.17     (1) identify methods for implementing the telephone 
 44.18  helpline; 
 44.19     (2) identify existing services regarding child abuse 
 44.20  provided by state and local governmental agencies, nonprofit 
 44.21  organizations, and others; 
 44.22     (3) consider strategies to coordinate existing services 
 44.23  into an integrated telephone helpline; 
 44.24     (4) consider the practicality of retraining and redirecting 
 44.25  existing professionals to staff the telephone helpline on a 
 44.26  24-hour basis; 
 44.27     (5) determine what new services, if any, would be required 
 44.28  for the telephone helpline; 
 44.29     (6) determine the costs of implementing the telephone 
 44.30  helpline and ways to reduce costs through coordination of 
 44.31  existing services; and 
 44.32     (7) determine methods of marketing and advertisement to 
 44.33  make the general public aware of the telephone helpline. 
 44.34     Subd. 2.  [COMMITTEE.] The commissioner of human services, 
 44.35  in consultation with the commissioner of public safety, may 
 44.36  establish an advisory committee to develop the plan required by 
 45.1   subdivision 1.  The committee shall include individuals who have 
 45.2   demonstrated experience in the area of child abuse, child 
 45.3   protection, and in providing consultative services concerning 
 45.4   abuse.  The committee shall also include business and community 
 45.5   representatives and family members who have sought assistance in 
 45.6   child abuse situations. 
 45.7      Subd. 3.  [PILOT PROJECT.] In conjunction with the planning 
 45.8   process under subdivision 1, the commissioner of human services 
 45.9   shall implement at least two pilot project telephone helplines.  
 45.10  One of the pilots must be in the seven-county metropolitan area 
 45.11  and one must be in greater Minnesota. 
 45.12     Subd. 4.  [REPORT.] The commissioner of human services 
 45.13  shall report to the legislature by January 15, 1996, concerning 
 45.14  the details of the plan and the status of the pilot projects. 
 45.15     Subd. 5.  [COORDINATOR.] The commissioner of human services 
 45.16  may hire a person to coordinate and implement the requirements 
 45.17  of this section. 
 45.18     Sec. 49.  [CORRECTIONAL FACILITY AUTHORIZED.] 
 45.19     The commissioner of corrections may establish an adult 
 45.20  correctional facility for geriatric and medical care at Ah Gwah 
 45.21  Ching.  The commissioner is authorized to enter into 
 45.22  negotiations and contracts with the department of human services 
 45.23  to establish the facility. 
 45.24     Sec. 50.  [DEPARTMENT OF CORRECTIONS; STUDY.] 
 45.25     The department of corrections shall conduct a weighted 
 45.26  workload study to be used as a basis for fund distributions 
 45.27  across all three probation delivery systems, based on uniform 
 45.28  workload standards, programming effectiveness, and level of risk 
 45.29  of individual offenders, and to make ongoing outcome data 
 45.30  available on cases.  In overseeing and administering the study, 
 45.31  the commissioner of corrections shall use a research team of 
 45.32  experts with proven performance in the development of workload 
 45.33  systems, data collection, outcome evaluation, and the delivery 
 45.34  of community-based corrections services.  The research team 
 45.35  shall design and implement all components of the study, with 
 45.36  assistance from corrections professionals and other advisors 
 46.1   from communities of interest around the state. 
 46.2      The study must determine a statewide, uniform workload 
 46.3   system and definitions of levels of risk; establish a 
 46.4   standardized data collection system using the uniform 
 46.5   definitions of workload and risk and a timeline for reporting 
 46.6   data, which will begin as soon as these tasks are completed; and 
 46.7   determine a new mechanism or formula for aid distribution based 
 46.8   on the data, which must be operational by July 1, 1997. 
 46.9      The study must develop up to three methodology models based 
 46.10  on defined, desired outcomes and develop and implement a process 
 46.11  to refine the models, put them into practice, and provide for 
 46.12  their ongoing evaluation against the outcomes. 
 46.13     The commissioner of corrections shall report the results of 
 46.14  the study to the chairs of the senate crime prevention and house 
 46.15  of representatives judiciary committees by January 15, 1996. 
 46.16     Sec. 51.  [TASK FORCE ON CAPITOL AREA SECURITY.] 
 46.17     Subdivision 1.  [CREATION; MEMBERSHIP.] A task force on 
 46.18  capitol area security is created consisting of representatives 
 46.19  or designees of the following: 
 46.20     (1) the commissioner of public safety; 
 46.21     (2) the commissioner of administration; 
 46.22     (3) the adjutant general of the department of military 
 46.23  affairs; 
 46.24     (4) the superintendent of the bureau of criminal 
 46.25  apprehension; 
 46.26     (5) the director of capitol security; 
 46.27     (6) the director of the division of emergency management; 
 46.28     (7) the chief justice of the supreme court; 
 46.29     (8) the attorney general; 
 46.30     (9) the Ramsey county sheriff; 
 46.31     (10) the St. Paul police chief; 
 46.32     (11) one member of the majority caucus and one member of 
 46.33  the minority caucus of the senate; 
 46.34     (12) the secretary of the senate; 
 46.35     (13) the sergeant at arms of the senate; 
 46.36     (14) one member of the majority caucus and one member of 
 47.1   the minority caucus of the house of representatives; 
 47.2      (15) the chief clerk of the house of representatives; and 
 47.3      (16) the sergeant at arms of the house of representatives. 
 47.4   The chair of the task force shall be the commissioner of public 
 47.5   safety. 
 47.6      Subd. 2.  [PURPOSE; REPORT.] The task force shall review 
 47.7   the current level of security for state government buildings and 
 47.8   property in the capitol area and determine whether the level of 
 47.9   security is sufficient to reasonably protect employees and 
 47.10  customers of state government agencies and services from 
 47.11  potential dangers to life and property.  The task force shall 
 47.12  consult with representatives of the Federal Bureau of 
 47.13  Investigation, the Secret Service, and the Bureau of Alcohol, 
 47.14  Tobacco, and Firearms prior to making its recommendations.  At 
 47.15  the discretion of the chair, proceedings of the task force may 
 47.16  be closed to all but the members of the task force and invited 
 47.17  guests.  The department of public safety shall provide staffing 
 47.18  for the task force. 
 47.19     By February 1, 1996, the task force shall report to the 
 47.20  governor, the senate majority leader, the senate minority 
 47.21  leader, the speaker of the house, the minority leader of the 
 47.22  house, the attorney general, and the chief justice of the 
 47.23  supreme court.  The task force report is not public data. 
 47.24     Sec. 52.  [INSTRUCTION TO REVISOR.] 
 47.25     In each section of Minnesota Statutes referred to in column 
 47.26  A, the revisor of statutes shall delete the reference in column 
 47.27  B every time it occurs and insert a reference to section 611A.68.
 47.28        Column A          Column B
 47.29         611A.51           611A.67
 47.30         611A.52           611A.67
 47.31         611A.66           611A.67
 47.32         611A.68           611A.67
 47.33     Sec. 53.  [EFFECTIVE DATE.] 
 47.34     Sections 35, 41, 45, 46, and 52 are effective the day 
 47.35  following final enactment.  The remaining sections are effective 
 47.36  on July 1, 1995. 
 48.1                              ARTICLE 3 
 48.2                         JUVENILE PROVISIONS 
 48.3      Section 1.  [120.1811] [RESIDENTIAL TREATMENT FACILITIES; 
 48.4   EDUCATION.] 
 48.5      Subdivision 1.  [EDUCATIONAL SCREENING.] Secure and 
 48.6   nonsecure residential treatment facilities licensed by the 
 48.7   department of human services or the department of corrections 
 48.8   shall screen each juvenile who is held in a facility for at 
 48.9   least 72 hours, excluding weekends or holidays, using an 
 48.10  educational screening tool identified by the department of 
 48.11  education, unless the facility determines that the juvenile has 
 48.12  a current individual education plan and obtains a copy of the 
 48.13  IEP.  The department of education shall develop or identify an 
 48.14  education screening tool for use in residential facilities.  The 
 48.15  tool must include a life skills development component. 
 48.16     Subd. 2.  [RULEMAKING.] The state board of education may 
 48.17  make or amend rules relating to education programs in 
 48.18  residential treatment facilities, if necessary, to implement 
 48.19  this section.  Rules under this section shall be adopted jointly 
 48.20  with the commissioners of corrections and human services. 
 48.21     Sec. 2.  Minnesota Statutes 1994, section 242.31, 
 48.22  subdivision 1, is amended to read: 
 48.23     Subdivision 1.  Whenever a person who has been committed to 
 48.24  the custody of the commissioner of corrections upon conviction 
 48.25  of a crime following certification to district court under the 
 48.26  provisions of section 260.125 is finally discharged by order of 
 48.27  the commissioner, that discharge shall restore the person to all 
 48.28  civil rights and, if so ordered by the commissioner of 
 48.29  corrections, also shall have the effect of setting aside the 
 48.30  conviction, nullifying it and purging the person of it.  The 
 48.31  commissioner shall file a copy of the order with the district 
 48.32  court of the county in which the conviction occurred; upon 
 48.33  receipt, the court shall order the conviction set aside.  An 
 48.34  order setting aside a conviction for a crime of violence as 
 48.35  defined in section 624.712, subdivision 5, must provide that the 
 48.36  person is not entitled to ship, transport, possess, or receive a 
 49.1   firearm until ten years have elapsed since the order was entered 
 49.2   and during that time the person was not convicted of any other 
 49.3   crime of violence.  A person whose conviction was set aside 
 49.4   under this section and who thereafter has received a relief of 
 49.5   disability under United States Code, title 18, section 925, 
 49.6   shall not be subject to the restrictions of this subdivision. 
 49.7      Sec. 3.  [260.042] [ORIENTATION AND EDUCATIONAL PROGRAM.] 
 49.8      The court shall make an orientation and educational program 
 49.9   available for juveniles and their families in accordance with 
 49.10  the program established, if any, by the supreme court. 
 49.11     Sec. 4.  Minnesota Statutes 1994, section 260.115, 
 49.12  subdivision 1, is amended to read: 
 49.13     Subdivision 1.  [TRANSFERS REQUIRED.] Except where a 
 49.14  juvenile court has certified an alleged violation to district 
 49.15  court in accordance with the provisions of section 260.125, the 
 49.16  child is alleged to have committed murder in the first degree 
 49.17  after becoming 16 years of age, or a court has original 
 49.18  jurisdiction of a child who has committed an adult court traffic 
 49.19  offense, as defined in section 260.193, subdivision 1, clause 
 49.20  (c), a court other than a juvenile court shall immediately 
 49.21  transfer to the juvenile court of the county the case of a minor 
 49.22  who appears before the court on a charge of violating any state 
 49.23  or local law or ordinance and who is under 18 years of age or 
 49.24  who was under 18 years of age at the time of the commission of 
 49.25  the alleged offense. 
 49.26     Sec. 5.  Minnesota Statutes 1994, section 260.125, is 
 49.27  amended to read: 
 49.28     260.125 [CERTIFICATION TO DISTRICT COURT.] 
 49.29     Subdivision 1.  When a child is alleged to have committed, 
 49.30  after becoming 14 years of age, an offense that would be a 
 49.31  felony if committed by an adult, the juvenile court may enter an 
 49.32  order certifying the proceeding to the district court for action 
 49.33  under the criminal laws under the laws and court procedures 
 49.34  controlling adult criminal violations. 
 49.35     Subd. 2.  [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 
 49.36  provided in subdivision 3a or 3b, the juvenile court may order a 
 50.1   certification to district court only if:  
 50.2      (1) a petition has been filed in accordance with the 
 50.3   provisions of section 260.131; 
 50.4      (2) a motion for certification has been filed by the 
 50.5   prosecuting authority; 
 50.6      (3) notice has been given in accordance with the provisions 
 50.7   of sections 260.135 and 260.141; 
 50.8      (4) a hearing has been held in accordance with the 
 50.9   provisions of section 260.155 within 30 days of the filing of 
 50.10  the certification motion, unless good cause is shown by the 
 50.11  prosecution or the child as to why the hearing should not be 
 50.12  held within this period in which case the hearing shall be held 
 50.13  within 90 days of the filing of the motion; 
 50.14     (5) the court finds that there is probable cause, as 
 50.15  defined by the rules of criminal procedure promulgated pursuant 
 50.16  to section 480.059, to believe the child committed the offense 
 50.17  alleged by delinquency petition; and 
 50.18     (6) the court finds either: 
 50.19     (i) that the presumption of certification created by 
 50.20  subdivision 2a applies and the child has not rebutted the 
 50.21  presumption by clear and convincing evidence demonstrating that 
 50.22  retaining the proceeding in the juvenile court serves public 
 50.23  safety; or 
 50.24     (ii) that the presumption of certification does not apply 
 50.25  and the prosecuting authority has demonstrated by clear and 
 50.26  convincing evidence that retaining the proceeding in the 
 50.27  juvenile court does not serve public safety.  If the court finds 
 50.28  that the prosecutor has not demonstrated by clear and convincing 
 50.29  evidence that retaining the proceeding in juvenile court does 
 50.30  not serve public safety, the court shall retain the proceeding 
 50.31  in juvenile court. 
 50.32     Subd. 2a.  [PRESUMPTION OF CERTIFICATION.] It is presumed 
 50.33  that a proceeding involving an offense committed by a child will 
 50.34  be certified to district court if: 
 50.35     (1) the child was 16 or 17 years old at the time of the 
 50.36  offense; and 
 51.1      (2) the delinquency petition alleges that the child 
 51.2   committed an offense that would result in a presumptive 
 51.3   commitment to prison under the sentencing guidelines and 
 51.4   applicable statutes, or that the child committed any felony 
 51.5   offense while using, whether by brandishing, displaying, 
 51.6   threatening with, or otherwise employing, a firearm. 
 51.7   If the court determines that probable cause exists to believe 
 51.8   the child committed the alleged offense, the burden is on the 
 51.9   child to rebut this presumption by demonstrating by clear and 
 51.10  convincing evidence that retaining the proceeding in the 
 51.11  juvenile court serves public safety.  If the court finds that 
 51.12  the child has not rebutted the presumption by clear and 
 51.13  convincing evidence, the court shall certify the child to 
 51.14  district court proceeding. 
 51.15     Subd. 2b.  [PUBLIC SAFETY.] In determining whether the 
 51.16  public safety is served by certifying a child to district court 
 51.17  the matter, the court shall consider the following factors: 
 51.18     (1) the seriousness of the alleged offense in terms of 
 51.19  community protection, including the existence of any aggravating 
 51.20  factors recognized by the sentencing guidelines, the use of a 
 51.21  firearm, and the impact on any victim; 
 51.22     (2) the culpability of the child in committing the alleged 
 51.23  offense, including the level of the child's participation in 
 51.24  planning and carrying out the offense and the existence of any 
 51.25  mitigating factors recognized by the sentencing guidelines; 
 51.26     (3) the child's prior record of delinquency; 
 51.27     (4) the child's programming history, including the child's 
 51.28  past willingness to participate meaningfully in available 
 51.29  programming; 
 51.30     (5) the adequacy of the punishment or programming available 
 51.31  in the juvenile justice system; and 
 51.32     (6) the dispositional options available for the child. 
 51.33  In considering these factors, the court shall give greater 
 51.34  weight to the seriousness of the alleged offense and the child's 
 51.35  prior record of delinquency than to the other factors listed in 
 51.36  this subdivision. 
 52.1      Subd. 3a.  [PRIOR CERTIFICATION; EXCEPTION.] 
 52.2   Notwithstanding the provisions of subdivisions 2, 2a, and 2b, 
 52.3   the court shall order a certification in any felony case if the 
 52.4   prosecutor shows that the child has been previously prosecuted 
 52.5   on a felony charge by an order of certification issued pursuant 
 52.6   to either a hearing held under subdivision 2 or pursuant to the 
 52.7   waiver of the right to such a hearing, other than a prior 
 52.8   certification in the same case. 
 52.9      This subdivision only applies if the child is convicted of 
 52.10  the offense or offenses for which the child was prosecuted 
 52.11  pursuant to the order of certification or of a lesser-included 
 52.12  offense which is a felony.  
 52.13     This subdivision does not apply to juvenile offenders who 
 52.14  are subject to criminal court jurisdiction under section 609.055.
 52.15     Subd. 3b.  [ADULT CHARGED WITH JUVENILE OFFENSE.] The 
 52.16  juvenile court has jurisdiction to hold a certification hearing 
 52.17  on motion of the prosecuting authority to certify the matter to 
 52.18  district court if: 
 52.19     (1) an adult is alleged to have committed an offense before 
 52.20  the adult's 18th birthday; and 
 52.21     (2) a petition is filed under section 260.131 before 
 52.22  expiration of the time for filing under section 628.26. 
 52.23  The court may not certify the matter to district court under 
 52.24  this subdivision if the adult demonstrates that the delay was 
 52.25  purposefully caused by the state in order to gain an unfair 
 52.26  advantage. 
 52.27     Subd. 4.  [EFFECT OF ORDER.] When the juvenile court enters 
 52.28  an order certifying an alleged violation to district court, the 
 52.29  prosecuting authority shall proceed with the case as if the 
 52.30  jurisdiction of the juvenile court had never attached. 
 52.31     Subd. 5.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 52.32  decide whether to order certification to district court within 
 52.33  15 days after the certification hearing was completed, unless 
 52.34  additional time is needed, in which case the court may extend 
 52.35  the period up to another 15 days.  If the juvenile court orders 
 52.36  certification, and the presumption described in subdivision 2a 
 53.1   does not apply, the order shall contain in writing, findings of 
 53.2   fact and conclusions of law as to why public safety is not 
 53.3   served by retaining the proceeding in the juvenile court.  If 
 53.4   the juvenile court, after a hearing conducted pursuant to 
 53.5   subdivision 2, decides not to order certification to district 
 53.6   court, the decision shall contain, in writing, findings of fact 
 53.7   and conclusions of law as to why certification is not ordered.  
 53.8   If the juvenile court decides not to order certification in a 
 53.9   case in which the presumption described in subdivision 2a 
 53.10  applies, the court shall designate the proceeding an extended 
 53.11  jurisdiction juvenile prosecution and include in its decision 
 53.12  written findings of fact and conclusions of law as to why the 
 53.13  retention of the proceeding in juvenile court serves public 
 53.14  safety, with specific reference to the factors listed in 
 53.15  subdivision 2b.  If the court decides not to order certification 
 53.16  in a case in which the presumption described in subdivision 2a 
 53.17  does not apply, the court may designate the proceeding an 
 53.18  extended jurisdiction juvenile prosecution, pursuant to the 
 53.19  hearing process described in section 260.126, subdivision 2. 
 53.20     Subd. 6.  [FIRST-DEGREE MURDER.] When a motion for 
 53.21  certification has been filed in a case in which the petition 
 53.22  alleges that the child committed murder in the first degree, the 
 53.23  prosecuting authority shall present the case to the grand jury 
 53.24  for consideration of indictment under chapter 628 within 14 days 
 53.25  after the petition was filed. 
 53.26     Subd. 7.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
 53.27  section does not apply to a child excluded from the definition 
 53.28  of delinquent child under section 260.015, subdivision 5, 
 53.29  paragraph (b). 
 53.30     Sec. 6.  Minnesota Statutes 1994, section 260.126, 
 53.31  subdivision 5, is amended to read: 
 53.32     Subd. 5.  [EXECUTION OF ADULT SENTENCE.] When it appears 
 53.33  that a person convicted as an extended jurisdiction juvenile has 
 53.34  violated the conditions of the stayed sentence, or is alleged to 
 53.35  have committed a new offense, the court may, without notice, 
 53.36  revoke the stay and probation and direct that the offender be 
 54.1   taken into immediate custody.  The court shall notify the 
 54.2   offender in writing of the reasons alleged to exist for 
 54.3   revocation of the stay of execution of the adult sentence.  If 
 54.4   the offender challenges the reasons, the court shall hold a 
 54.5   summary hearing on the issue at which the offender is entitled 
 54.6   to be heard and represented by counsel.  After the hearing, if 
 54.7   the court finds that reasons exist to revoke the stay of 
 54.8   execution of sentence, the court shall treat the offender as an 
 54.9   adult and order any of the adult sanctions authorized by section 
 54.10  609.14, subdivision 3.  If the offender was convicted of an 
 54.11  offense described in subdivision 1, clause (2), and the court 
 54.12  finds that reasons exist to revoke the stay, the court must 
 54.13  order execution of the previously imposed sentence unless the 
 54.14  court makes written findings regarding the mitigating factors 
 54.15  that justify continuing the stay.  Upon revocation, the 
 54.16  offender's extended jurisdiction status is terminated and 
 54.17  juvenile court jurisdiction is terminated.  The ongoing 
 54.18  jurisdiction for any adult sanction, other than commitment to 
 54.19  the commissioner of corrections, is with the adult court. 
 54.20     Sec. 7.  Minnesota Statutes 1994, section 260.131, 
 54.21  subdivision 4, is amended to read: 
 54.22     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 54.23  JUVENILE.] When a prosecutor files a delinquency petition 
 54.24  alleging that a child committed a felony offense for which there 
 54.25  is a presumptive commitment to prison according to the 
 54.26  sentencing guidelines and applicable statutes or in which the 
 54.27  child used a firearm, after reaching the age of 16 years, the 
 54.28  prosecutor shall indicate in the petition whether the prosecutor 
 54.29  designates the proceeding an extended jurisdiction juvenile 
 54.30  prosecution.  When a prosecutor files a delinquency petition 
 54.31  alleging that a child aged 14 to 17 years committed a felony 
 54.32  offense, the prosecutor may request that the court designate the 
 54.33  proceeding an extended jurisdiction juvenile prosecution. 
 54.34     Sec. 8.  [260.1735] [EXTENSION OF DETENTION PERIOD.] 
 54.35     Before July 1, 1997, and pursuant to a request from an 
 54.36  eight-day temporary holdover facility, as defined in section 
 55.1   241.0221, the commissioner of corrections, or the commissioner's 
 55.2   designee, may grant a one-time extension per child to the 
 55.3   eight-day limit on detention under this chapter.  This extension 
 55.4   may allow such a facility to detain a child for up to 30 days 
 55.5   including weekends and holidays.  Upon the expiration of the 
 55.6   extension, the child may not be transferred to another eight-day 
 55.7   temporary holdover facility.  The commissioner shall develop 
 55.8   criteria for granting extensions under this section.  These 
 55.9   criteria must ensure that the child be transferred to a 
 55.10  long-term juvenile detention facility as soon as such a transfer 
 55.11  is possible.  Nothing in this section changes the requirements 
 55.12  in section 260.172 regarding the necessity of detention hearings 
 55.13  to determine whether continued detention of the child is proper. 
 55.14     Sec. 9.  Minnesota Statutes 1994, section 260.181, 
 55.15  subdivision 4, is amended to read: 
 55.16     Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
 55.17  dismiss the petition or otherwise terminate its jurisdiction on 
 55.18  its own motion or on the motion or petition of any interested 
 55.19  party at any time.  Unless terminated by the court, and except 
 55.20  as otherwise provided in this subdivision, the jurisdiction of 
 55.21  the court shall continue until the individual becomes 19 years 
 55.22  of age if the court determines it is in the best interest of the 
 55.23  individual to do so.  Court jurisdiction under section 260.015, 
 55.24  subdivision 2a, clause (12), may not continue past the child's 
 55.25  17th birthday.  
 55.26     (b) The jurisdiction of the court over an extended 
 55.27  jurisdiction juvenile, with respect to the offense for which the 
 55.28  individual was convicted as an extended jurisdiction juvenile, 
 55.29  extends until the offender becomes 21 years of age, unless the 
 55.30  court terminates jurisdiction before that date.  
 55.31     (c) The juvenile court has jurisdiction to designate the 
 55.32  proceeding an extended jurisdiction juvenile prosecution, to 
 55.33  hold a certification hearing, or to conduct a trial, receive a 
 55.34  plea, or impose a disposition under section 260.126, subdivision 
 55.35  4, if: 
 55.36     (1) an adult is alleged to have committed an offense before 
 56.1   the adult's 18th birthday; and 
 56.2      (2) a petition is filed under section 260.131 before 
 56.3   expiration of the time for filing under section 628.26 and 
 56.4   before the adult's 21st birthday. 
 56.5   The juvenile court lacks jurisdiction under this paragraph if 
 56.6   the adult demonstrates that the delay was purposefully caused by 
 56.7   the state in order to gain an unfair advantage. 
 56.8      (d) The district court has original and exclusive 
 56.9   jurisdiction over a proceeding: 
 56.10     (1) that involves an adult who is alleged to have committed 
 56.11  an offense before the adult's 18th birthday; and 
 56.12     (2) in which a criminal complaint is filed before 
 56.13  expiration of the time for filing under section 628.26 and after 
 56.14  the adult's 21st birthday. 
 56.15     The juvenile court retains jurisdiction if the adult 
 56.16  demonstrates that the delay in filing a criminal complaint was 
 56.17  purposefully caused by the state in order to gain an unfair 
 56.18  advantage. 
 56.19     (e) The juvenile court has jurisdiction over a person who 
 56.20  has been adjudicated delinquent until the person's 21st birthday 
 56.21  if the person fails to appear at any juvenile court hearing or 
 56.22  fails to appear at or absconds from any placement under a 
 56.23  juvenile court order.  The juvenile court has jurisdiction over 
 56.24  a convicted extended jurisdiction juvenile who fails to appear 
 56.25  at any juvenile court hearing or fails to appear at or absconds 
 56.26  from any placement under section 260.126, subdivision 4.  The 
 56.27  juvenile court lacks jurisdiction under this paragraph if the 
 56.28  adult demonstrates that the delay was purposefully caused by the 
 56.29  state in order to gain an unfair advantage. 
 56.30     Sec. 10.  Minnesota Statutes 1994, section 260.185, is 
 56.31  amended by adding a subdivision to read: 
 56.32     Subd. 1b.  [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 
 56.33  TRANSFERS.] An adjudicated juvenile may not be placed in a 
 56.34  licensed juvenile secure treatment facility unless the placement 
 56.35  is approved by the juvenile court.  However, the program 
 56.36  administrator may determine the juvenile's length of stay in the 
 57.1   secure portion of the facility.  The administrator shall notify 
 57.2   the court of any movement of juveniles from secure portions of 
 57.3   facilities.  However, the court may, in its discretion, order 
 57.4   that the juveniles be moved back to secure portions of the 
 57.5   facility. 
 57.6      Sec. 11.  Minnesota Statutes 1994, section 260.185, is 
 57.7   amended by adding a subdivision to read: 
 57.8      Subd. 1c.  [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 
 57.9   REQUIREMENTS.] Before a postadjudication placement of a juvenile 
 57.10  in a secure treatment facility either inside or outside the 
 57.11  state, the court may: 
 57.12     (1) consider whether the juvenile has been adjudicated for 
 57.13  a felony offense against the person or that in addition to the 
 57.14  current adjudication, the juvenile has failed to appear in court 
 57.15  on one or more occasions or has run away from home on one or 
 57.16  more occasions; 
 57.17     (2) conduct a subjective assessment to determine whether 
 57.18  the child is a danger to self or others or would abscond from a 
 57.19  nonsecure facility or if the child's health or welfare would be 
 57.20  endangered if not placed in a secure facility; 
 57.21     (3) conduct a culturally appropriate psychological 
 57.22  evaluation which includes a functional assessment of anger and 
 57.23  abuse issues; and 
 57.24     (4) conduct an educational and physical assessment of the 
 57.25  juvenile. 
 57.26     In determining whether to order secure placement, the court 
 57.27  shall consider the necessity of: 
 57.28     (1) protecting the public; 
 57.29     (2) protecting program residents and staff; and 
 57.30     (3) preventing juveniles with histories of absconding from 
 57.31  leaving treatment programs. 
 57.32     Sec. 12.  Minnesota Statutes 1994, section 260.185, 
 57.33  subdivision 6, is amended to read: 
 57.34     Subd. 6.  [OUT-OF-STATE PLACEMENTS.] (a) Before August 1, 
 57.35  1997, a court may not place a preadjudicated delinquent, an 
 57.36  adjudicated delinquent, or a convicted extended jurisdiction 
 58.1   juvenile in a residential or detention facility outside 
 58.2   Minnesota unless the commissioner of corrections has certified 
 58.3   that the facility: 
 58.4      (1) meets or exceeds the standards for Minnesota 
 58.5   residential treatment programs set forth in rules adopted by the 
 58.6   commissioner of human services and the standards for juvenile 
 58.7   residential facilities set forth in rules adopted by the 
 58.8   commissioner of corrections or the standards for juvenile 
 58.9   detention facilities set forth in rules adopted by the 
 58.10  commissioner of corrections; and 
 58.11     (2) provides education, health, dental, and other necessary 
 58.12  care equivalent to that which the child would receive if placed 
 58.13  in a Minnesota facility licensed by the commissioner of 
 58.14  corrections or commissioner of human services. 
 58.15     (b) On or after August 1, 1997, a court may not place a 
 58.16  preadjudicated delinquent, an adjudicated delinquent, or a 
 58.17  convicted extended jurisdiction juvenile in a residential or 
 58.18  detention facility outside Minnesota unless the court determines 
 58.19  that the specialized programmatic needs of the juvenile are not 
 58.20  available in a facility within Minnesota and the out-of-state 
 58.21  facility has been certified by the commissioner of corrections 
 58.22  under paragraph (a), clauses (1) and (2).  For purposes of this 
 58.23  subdivision, "specialized programmatic needs" does not include 
 58.24  concerns about security.  A court may place a juvenile in a 
 58.25  facility which is out of state and which has been certified by 
 58.26  the commissioner of corrections under paragraph (a), clauses (1) 
 58.27  and (2), if the facility is located within 100 miles of the 
 58.28  juvenile's residence and there is no Minnesota facility within 
 58.29  100 miles from the juvenile's residence that meets the 
 58.30  specialized program and security needs of the juvenile. 
 58.31     (c) The interagency licensing agreement between the 
 58.32  commissioners of corrections and human services shall be used to 
 58.33  determine which rule shall be used for certification purposes 
 58.34  under this subdivision. 
 58.35     (c) (d) The commissioner of corrections may charge each 
 58.36  facility evaluated a reasonable amount.  Money received is 
 59.1   annually appropriated to the commissioner of corrections to 
 59.2   defray the costs of the certification program. 
 59.3      Sec. 13.  Minnesota Statutes 1994, section 260.193, 
 59.4   subdivision 4, is amended to read: 
 59.5      Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 59.6   juvenile court shall have original jurisdiction if the child is 
 59.7   alleged to have committed both major and adult court traffic 
 59.8   offenses in the same behavioral incident over: 
 59.9      (1) all juveniles age 15 and under alleged to have 
 59.10  committed any traffic offense; and 
 59.11     (2) 16- and 17-year-olds alleged to have committed any 
 59.12  major traffic offense, except that the adult court has original 
 59.13  jurisdiction over: 
 59.14     (i) petty traffic misdemeanors not a part of the same 
 59.15  behavioral incident of a misdemeanor being handled in juvenile 
 59.16  court; and 
 59.17     (ii) violations of sections 169.121 (drivers under the 
 59.18  influence of alcohol or controlled substance) and 169.129 
 59.19  (aggravated driving while intoxicated), and any other 
 59.20  misdemeanor or gross misdemeanor level traffic violations 
 59.21  committed as part of the same behavioral incident of a violation 
 59.22  of section 169.121 or 169.129. 
 59.23     Sec. 14.  Minnesota Statutes 1994, section 260.215, 
 59.24  subdivision 1, is amended to read: 
 59.25     Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
 59.26  violation of a state or local law or ordinance by a child before 
 59.27  becoming 18 years of age is not a crime unless the juvenile 
 59.28  court: 
 59.29     (1) certifies the matter to the district court in 
 59.30  accordance with the provisions of section 260.125; 
 59.31     (2) transfers the matter to a court in accordance with the 
 59.32  provisions of section 260.193; or 
 59.33     (3) convicts the child as an extended jurisdiction juvenile 
 59.34  and subsequently executes the adult sentence under section 
 59.35  260.126, subdivision 5. 
 59.36     Sec. 15.  Minnesota Statutes 1994, section 260.291, 
 60.1   subdivision 1, is amended to read: 
 60.2      Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
 60.3   (a) An appeal may be taken by the aggrieved person from a final 
 60.4   order of the juvenile court affecting a substantial right of the 
 60.5   aggrieved person, including but not limited to an order 
 60.6   adjudging a child to be in need of protection or services, 
 60.7   neglected and in foster care, delinquent, or a juvenile traffic 
 60.8   offender.  The appeal shall be taken within 30 days of the 
 60.9   filing of the appealable order.  The court administrator shall 
 60.10  notify the person having legal custody of the minor of the 
 60.11  appeal.  Failure to notify the person having legal custody of 
 60.12  the minor shall not affect the jurisdiction of the appellate 
 60.13  court.  The order of the juvenile court shall stand, pending the 
 60.14  determination of the appeal, but the reviewing court may in its 
 60.15  discretion and upon application stay the order. 
 60.16     (b) An appeal may be taken by an aggrieved person from an 
 60.17  order of the juvenile court on the issue of certification of a 
 60.18  child to district court matter for prosecution under the laws 
 60.19  and court procedures controlling adult criminal violations.  
 60.20  Certification appeals shall be expedited as provided by 
 60.21  applicable rules. 
 60.22     Sec. 16.  Minnesota Statutes 1994, section 609.055, 
 60.23  subdivision 2, is amended to read: 
 60.24     Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 60.25  provided in paragraph (b), children of the age of 14 years or 
 60.26  over but under 18 years may be prosecuted for a felony offense 
 60.27  if the alleged violation is duly certified to the district court 
 60.28  for prosecution under the laws and court procedures controlling 
 60.29  adult criminal violations or may be designated an extended 
 60.30  jurisdiction juvenile in accordance with the provisions of 
 60.31  chapter 260.  A child who is 16 years of age or older but under 
 60.32  18 years of age is capable of committing a crime and may be 
 60.33  prosecuted for a felony if: 
 60.34     (1) the child has been previously certified to the district 
 60.35  court on a felony charge pursuant to a hearing under section 
 60.36  260.125, subdivision 2, or pursuant to the waiver of the right 
 61.1   to such a hearing, or prosecuted pursuant to this subdivision; 
 61.2   and 
 61.3      (2) the child was convicted of the felony offense or 
 61.4   offenses for which the child was prosecuted or of a lesser 
 61.5   included felony offense. 
 61.6      (b) A child who is alleged to have committed murder in the 
 61.7   first degree after becoming 16 years of age is capable of 
 61.8   committing a crime and may be prosecuted for the felony.  This 
 61.9   paragraph does not apply to a child alleged to have committed 
 61.10  attempted murder in the first degree after becoming 16 years of 
 61.11  age. 
 61.12     Sec. 17.  Minnesota Statutes 1994, section 611A.19, 
 61.13  subdivision 1, is amended to read: 
 61.14     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 61.15  the request of the victim, the prosecutor shall make a motion in 
 61.16  camera and the sentencing court may shall issue an order 
 61.17  requiring a person an adult convicted of a violent crime, as 
 61.18  defined in section 609.152, or a juvenile adjudicated delinquent 
 61.19  for violating section 609.342 (criminal sexual conduct in the 
 61.20  first degree), 609.343 (criminal sexual conduct in the second 
 61.21  degree), 609.344 (criminal sexual conduct in the third 
 61.22  degree), or 609.345 (criminal sexual conduct in the fourth 
 61.23  degree), or any other violent crime, as defined in section 
 61.24  609.152, to submit to testing to determine the presence of human 
 61.25  immunodeficiency virus (HIV) antibody if:  
 61.26     (1) the prosecutor moves for the test order in camera crime 
 61.27  involved sexual penetration, however slight, as defined in 
 61.28  section 609.341, subdivision 12; or 
 61.29     (2) the victim requests the test; and 
 61.30     (3) evidence exists that the broken skin or mucous membrane 
 61.31  of the victim was exposed to or had contact with the offender's 
 61.32  semen or blood during commission of the crime in a manner which 
 61.33  has been demonstrated epidemiologically to transmit the HIV 
 61.34  virus evidence exists that the broken skin or mucous membrane of 
 61.35  the victim was exposed to or had contact with the offender's 
 61.36  semen or blood during the commission of the crime in a manner 
 62.1   which has been demonstrated epidemiologically to transmit the 
 62.2   human immunodeficiency virus (HIV).  
 62.3      (b) If When the court grants the prosecutor's motion orders 
 62.4   an offender to submit to testing under paragraph (a), the court 
 62.5   shall order that the test be performed by an appropriate health 
 62.6   professional who is trained to provide the counseling described 
 62.7   in section 144.763, and that no reference to the test, the 
 62.8   motion requesting the test, the test order, or the test results 
 62.9   may appear in the criminal record or be maintained in any record 
 62.10  of the court or court services.  
 62.11     Sec. 18.  Minnesota Statutes 1994, section 641.14, is 
 62.12  amended to read: 
 62.13     641.14 [JAILS; SEPARATION OF PRISONERS.] 
 62.14     The sheriff of each county is responsible for the operation 
 62.15  and condition of the jail.  If construction of the jail permits, 
 62.16  the sheriff shall maintain strict separation of prisoners to the 
 62.17  extent that separation is consistent with prisoners' security, 
 62.18  safety, health, and welfare.  The sheriff shall not keep in the 
 62.19  same room or section of the jail: 
 62.20     (1) a minor under 18 years old and a prisoner who is 18 
 62.21  years old or older, unless: 
 62.22     (i) the minor has been committed to the commissioner of 
 62.23  corrections under section 609.105 or; 
 62.24     (ii) the minor has been referred for adult prosecution and 
 62.25  the prosecuting authority has filed a notice of intent to 
 62.26  prosecute the matter for which the minor is being held under 
 62.27  section 260.125; or 
 62.28     (iii) the minor is 16 or 17 years old and has been indicted 
 62.29  for murder in the first degree; and 
 62.30     (2) a female prisoner and a male prisoner; and 
 62.31     (3) a minor under 18 years old and an extended jurisdiction 
 62.32  juvenile 18 years old or older who is alleged to have violated 
 62.33  the conditions of the stay of execution. 
 62.34     Sec. 19.  [AMENDMENTS TO RULES DIRECTED.] 
 62.35     The commissioners of corrections and human services shall 
 62.36  jointly amend their licensing rules to: 
 63.1      (1) allow residential facilities to admit 18- and 
 63.2   19-year-old extended jurisdiction juveniles; 
 63.3      (2) require licensed facilities to develop policies and 
 63.4   procedures for appropriate programming and housing separation of 
 63.5   residents according to age; and 
 63.6      (3) allow the commissioners the authority to approve the 
 63.7   policies and procedures authorized by clause (2) for the 
 63.8   facilities over which they have licensing authority. 
 63.9      Sec. 20.  [COMMISSIONERS TO ADOPT RULES REGARDING SECURE 
 63.10  TREATMENT FACILITIES.] 
 63.11     The commissioners of corrections and human services shall 
 63.12  jointly adopt licensing rules requiring all facilities to 
 63.13  develop operating policies and procedures for the continued use 
 63.14  of secure treatment placement.  These policies and procedures 
 63.15  must include timelines for the review of individual cases to 
 63.16  determine the continuing need for secure placement and criteria 
 63.17  for movement of juveniles to less restrictive parts of the 
 63.18  facilities. 
 63.19     Sec. 21.  [EDUCATIONAL PROGRAM FOR JUVENILE COURT PROCESS.] 
 63.20     The supreme court is requested to establish, by January 1, 
 63.21  1997, an educational program explaining the juvenile court 
 63.22  system for use in juvenile courts under Minnesota Statutes, 
 63.23  section 260.042. 
 63.24     Sec. 22.  [SECURE AND NONSECURE RESIDENTIAL TREATMENT 
 63.25  FACILITIES.] 
 63.26     Subdivision 1.  [RULES REQUIRED; COMMITTEE 
 63.27  ESTABLISHED.] The commissioners of corrections and human 
 63.28  services shall jointly adopt licensing and programming rules for 
 63.29  the secure and nonsecure residential treatment facilities that 
 63.30  they license and shall establish an advisory committee to 
 63.31  develop these rules.  The committee shall develop consistent 
 63.32  general licensing requirements for juvenile residential care, 
 63.33  enabling facilities to provide appropriate services to juveniles 
 63.34  with single or multiple problems.  The rules shall establish 
 63.35  program standards with an independent auditing process by July 
 63.36  1997. 
 64.1      Subd. 2.  [STANDARDS.] The standards to be developed in the 
 64.2   rules must require: 
 64.3      (1) standards for the management of the program including: 
 64.4      (i) a board of directors or advisory committee for each 
 64.5   facility which represents the interests, concerns, and needs of 
 64.6   the clients and community being served; 
 64.7      (ii) appropriate grievance and appeal procedures for 
 64.8   clients and families; and 
 64.9      (iii) use of an ongoing internal program evaluation and 
 64.10  quality assurance effort at each facility to monitor program 
 64.11  effectiveness and guide the improvement of services provided, 
 64.12  evaluate client and family satisfaction with each facilities' 
 64.13  services, and collect demographic information on clients served 
 64.14  and outcome measures relative to the success of services; and 
 64.15     (2) standards for programming including: 
 64.16     (i) specific identifiable criteria for admission and 
 64.17  discharge; 
 64.18     (ii) written measurable goals for each client; 
 64.19     (iii) development of a no-eject policy by which youths are 
 64.20  discharged based on successful completion of individual goals 
 64.21  and not automatically discharged for behavioral transgressions; 
 64.22     (iv) individual plans for transitional services that 
 64.23  involve youths, their families, and community resources to 
 64.24  accomplish community integration and family reunification where 
 64.25  appropriate; 
 64.26     (v) cultural sensitivity, including the provision of 
 64.27  interpreters and English language skill development to meet the 
 64.28  needs of the facilities' population; 
 64.29     (vi) use of staff who reflect the ethnicity of the clients 
 64.30  served, wherever possible; 
 64.31     (vii) provision of staff training in cultural sensitivity 
 64.32  and disability awareness; 
 64.33     (viii) capability to respond to persons with disabilities; 
 64.34  and 
 64.35     (ix) uniform education programs that provide for year-round 
 64.36  instruction; and 
 65.1      (3) a program audit procedure which requires regular 
 65.2   unbiased program audits and reviews to determine if the 
 65.3   facilities continue to meet the standards established in statute 
 65.4   and rule and the needs of the clients and community. 
 65.5      Subd. 3.  [MEMBERSHIP.] The commissioners of corrections 
 65.6   and human services or their designee shall serve as co-chairs of 
 65.7   the rulemaking committee.  The co-chairs shall invite 
 65.8   individuals who have demonstrated experience in the juvenile 
 65.9   justice field to serve on the committee; including, but not 
 65.10  limited to, representatives or designees of the departments of 
 65.11  corrections, human services, and education, the private sector, 
 65.12  and other juvenile facility stakeholders.  The commissioners 
 65.13  shall ensure that family members of juveniles, representatives 
 65.14  of communities of color, and members of advocacy groups serve on 
 65.15  the rulemaking committee and shall schedule committee meetings 
 65.16  at times and places that ensure representation by these 
 65.17  individuals. 
 65.18     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
 65.19  committee shall submit draft rule parts which address the 
 65.20  program standards, evaluation, and auditing standards and 
 65.21  procedures to the chairs of the senate crime prevention and 
 65.22  house of representatives judiciary committee for review.  By 
 65.23  July 31, 1997, the licensing and programming rulemaking process 
 65.24  shall be completed. 
 65.25     Subd. 5.  [LICENSING.] The commissioners of corrections and 
 65.26  human services may not license facilities that fail to meet 
 65.27  programming standards after they are adopted. 
 65.28     Sec. 23.  [STUDY OF SECURE TREATMENT FACILITIES.] 
 65.29     The commissioner of corrections, in consultation with the 
 65.30  commissioner of human services, shall conduct a study on the use 
 65.31  of secure treatment facilities for juveniles in the state and 
 65.32  shall submit a written report to the governor and the 
 65.33  legislature by January 15, 1997.  The report must contain the 
 65.34  commissioners' findings, along with demographic data and 
 65.35  recommendations concerning the use of admission criteria. 
 65.36     Sec. 24.  [COMMISSIONER OF CORRECTIONS; GRANTS TO COUNTIES 
 66.1   FOR JUVENILE PROGRAMMING.] 
 66.2      The commissioner of corrections shall provide grants to 
 66.3   counties to provide a comprehensive continuum of care to 
 66.4   juveniles at high risk to become extended jurisdiction juveniles 
 66.5   or who are extended jurisdiction juveniles under the county's 
 66.6   jurisdiction. 
 66.7      Counties may apply to the commissioner for grants in a 
 66.8   manner specified by the commissioner but must identify the 
 66.9   following in writing: 
 66.10     (1) the amount of money currently being spent by the county 
 66.11  for juvenile programming; 
 66.12     (2) what gaps currently exist in providing a comprehensive 
 66.13  continuum of care to juveniles within the county; 
 66.14     (3) what specific steps will be taken and what specific 
 66.15  changes will be made to existing programming to reduce the 
 66.16  juvenile reoffense rate; and 
 66.17     (4) what new programming will be provided to fill the gaps 
 66.18  identified in clause (2) and how it will lower the juvenile 
 66.19  reoffense rate. 
 66.20     For purposes of this section, a comprehensive continuum of 
 66.21  care may include: 
 66.22     (1) secondary prevention programs or services that minimize 
 66.23  the effect of characteristics which identify individuals as 
 66.24  members of high-risk groups; 
 66.25     (2) tertiary prevention programs or services that are 
 66.26  provided after violence or antisocial conduct has occurred and 
 66.27  which are designed to prevent its recurrence; 
 66.28     (3) programs or services that are treatment focused and 
 66.29  offer an opportunity for rehabilitation; 
 66.30     (4) punishment of juveniles, as provided by applicable law, 
 66.31  including long-term secure postadjudication placement; and 
 66.32     (5) transition programs or services designed to reintegrate 
 66.33  juveniles discharged from residential programs into the 
 66.34  community. 
 66.35     Sec. 25.  [PLAN FOR TRACKING JUVENILE REOFFENSE RATE; 
 66.36  REPORT.] 
 67.1      The criminal and juvenile justice information policy group, 
 67.2   in cooperation with the supreme court, the commissioner of 
 67.3   corrections, and the superintendent of the bureau of criminal 
 67.4   apprehension, shall develop a plan for obtaining and compiling 
 67.5   the names of juvenile offenders and for tracking and reporting 
 67.6   juvenile reoffense rates.  This plan must examine the initial 
 67.7   analysis and design work done by the supreme court under Laws 
 67.8   1994, chapter 576, section 67, subdivision 8, to determine a 
 67.9   timetable for implementing the plan and whether additional 
 67.10  technology will be necessary.  By January 15, 1996, the criminal 
 67.11  and juvenile justice information policy group shall report to 
 67.12  the chairs of the senate crime prevention and house judiciary 
 67.13  committees on the plan. 
 67.14     Sec. 26.  [EFFECTIVE DATE.] 
 67.15     Sections 19 to 23 and 26 are effective the day following 
 67.16  final enactment.  The remaining sections are effective July 1, 
 67.17  1995. 
 67.18                             ARTICLE 4 
 67.19                  BUREAU OF CRIMINAL APPREHENSION 
 67.20     Section 1.  [BUREAU OF CRIMINAL APPREHENSION ESTABLISHED AS 
 67.21  EXECUTIVE AGENCY.] 
 67.22     All powers, duties, and responsibilities formerly held by 
 67.23  the commissioner of public safety with respect to the bureau of 
 67.24  criminal apprehension are transferred to the superintendent of 
 67.25  the bureau of criminal apprehension under Minnesota Statutes, 
 67.26  section 15.039, except that the commissioner of public safety 
 67.27  shall continue to provide to the bureau the services currently 
 67.28  provided by the offices of finance and administrative services, 
 67.29  personnel, diversity, and information systems management.  The 
 67.30  bureau is established as an agency of the executive branch of 
 67.31  state government pursuant to section 10.  All the 
 67.32  responsibilities of the criminal justice information system unit 
 67.33  are transferred to the bureau.  
 67.34     Possession of the department's minicomputer system and 
 67.35  equipment is transferred to the bureau of criminal apprehension. 
 67.36  Computer applications supporting functions not transferred to 
 68.1   the bureau of criminal apprehension are transferred to the 
 68.2   applicable receiving agencies.  For programs not transferred to 
 68.3   the bureau of criminal apprehension, the commissioner of public 
 68.4   safety shall make the necessary arrangements for the effective 
 68.5   management of the department's information systems.  The 
 68.6   commissioner of public safety may lease time and services on the 
 68.7   minicomputer system transferred to the bureau, and shall 
 68.8   compensate the superintendent of the bureau for the leased time 
 68.9   and services from funds appropriated to the commissioner for 
 68.10  driver and vehicle services. 
 68.11     Sec. 2.  Minnesota Statutes 1994, section 3.732, 
 68.12  subdivision 1, is amended to read: 
 68.13     Subdivision 1.  [DEFINITIONS.] As used in this section and 
 68.14  section 3.736 the terms defined in this section have the 
 68.15  meanings given them. 
 68.16     (1) "State" includes each of the departments, boards, 
 68.17  agencies, commissions, courts, and officers in the executive, 
 68.18  legislative, and judicial branches of the state of Minnesota and 
 68.19  includes but is not limited to the housing finance agency, the 
 68.20  higher education coordinating board, the higher education 
 68.21  facilities authority, the health technology advisory committee, 
 68.22  the armory building commission, the zoological board, the iron 
 68.23  range resources and rehabilitation board, the state agricultural 
 68.24  society, the University of Minnesota, state universities, 
 68.25  community colleges, state hospitals, and state penal 
 68.26  institutions.  It does not include a city, town, county, school 
 68.27  district, or other local governmental body corporate and politic.
 68.28     (2) "Employee of the state" means all present or former 
 68.29  officers, members, directors, or employees of the state, members 
 68.30  of the Minnesota national guard, members of a bomb disposal unit 
 68.31  approved by the commissioner of public safety superintendent of 
 68.32  the bureau of criminal apprehension and employed by a 
 68.33  municipality defined in section 466.01 when engaged in the 
 68.34  disposal or neutralization of bombs outside the jurisdiction of 
 68.35  the municipality but within the state, or persons acting on 
 68.36  behalf of the state in an official capacity, temporarily or 
 69.1   permanently, with or without compensation.  It does not include 
 69.2   either an independent contractor or members of the Minnesota 
 69.3   national guard while engaged in training or duty under United 
 69.4   States Code, title 10, or title 32, section 316, 502, 503, 504, 
 69.5   or 505, as amended through December 31, 1983.  Notwithstanding 
 69.6   sections 43A.02 and 611.263, for purposes of this section and 
 69.7   section 3.736 only, "employee of the state" includes a district 
 69.8   public defender or assistant district public defender in the 
 69.9   second or fourth judicial district and a member of the health 
 69.10  technology advisory committee. 
 69.11     (3) "Scope of office or employment" means that the employee 
 69.12  was acting on behalf of the state in the performance of duties 
 69.13  or tasks lawfully assigned by competent authority. 
 69.14     (4) "Judicial branch" has the meaning given in section 
 69.15  43A.02, subdivision 25. 
 69.16     Sec. 3.  Minnesota Statutes 1994, section 15A.081, 
 69.17  subdivision 1, is amended to read: 
 69.18     Subdivision 1.  [SALARY RANGES.] The governor shall set the 
 69.19  salary rate within the ranges listed below for positions 
 69.20  specified in this subdivision, upon approval of the legislative 
 69.21  commission on employee relations and the legislature as provided 
 69.22  by section 3.855: 
 69.23                            Salary Range 
 69.24  $57,500-$78,500 
 69.25     Commissioner of finance; 
 69.26     Commissioner of education; 
 69.27     Commissioner of transportation; 
 69.28     Commissioner of human services; 
 69.29     Commissioner of revenue; 
 69.30     Commissioner of public safety; 
 69.31     Executive director, state board of investment; 
 69.32  $50,000-$67,500 
 69.33     Commissioner of administration; 
 69.34     Commissioner of agriculture; 
 69.35     Commissioner of commerce; 
 69.36     Commissioner of corrections; 
 70.1      Commissioner of economic security; 
 70.2      Commissioner of employee relations; 
 70.3      Commissioner of health; 
 70.4      Commissioner of labor and industry; 
 70.5      Commissioner of natural resources; 
 70.6      Commissioner of trade and economic development; 
 70.7      Chief administrative law judge; office of administrative 
 70.8      hearings; 
 70.9      Commissioner, pollution control agency; 
 70.10     Director, office of waste management; 
 70.11     Commissioner, housing finance agency; 
 70.12     Executive director, public employees retirement 
 70.13     association; 
 70.14     Executive director, teacher's retirement association; 
 70.15     Executive director, state retirement system; 
 70.16     Superintendent, bureau of criminal apprehension 
 70.17  $42,500-$60,000 
 70.18     Commissioner of human rights; 
 70.19     Commissioner, department of public service; 
 70.20     Commissioner of veterans affairs; 
 70.21     Commissioner, bureau of mediation services; 
 70.22     Commissioner, public utilities commission; 
 70.23     Member, transportation regulation board; 
 70.24     Ombudsman for corrections; 
 70.25     Ombudsman for mental health and retardation. 
 70.26     Sec. 4.  Minnesota Statutes 1994, section 16B.14, is 
 70.27  amended to read: 
 70.28     16B.14 [CERTAIN VEHICLES.] 
 70.29     Upon the written request of the commissioner of public 
 70.30  safety superintendent of the bureau of criminal apprehension, 
 70.31  motor vehicles for specific use by investigative and undercover 
 70.32  agents of the department of public safety bureau of criminal 
 70.33  apprehension must be purchased by the brand make and model.  All 
 70.34  other provisions of this chapter relating to competitive bidding 
 70.35  apply to purchases covered by this section.  
 70.36     Sec. 5.  Minnesota Statutes 1994, section 16B.46, is 
 71.1   amended to read: 
 71.2      16B.46 [TELECOMMUNICATION; POWERS.] 
 71.3      The commissioner shall supervise and control all state 
 71.4   telecommunication facilities including any transmission, 
 71.5   emission, or reception of signs, signals, writing, images, and 
 71.6   sounds or intelligence of any nature by wire, radio, optical, or 
 71.7   other electromagnetic systems.  Nothing in this section 
 71.8   modifies, amends, or abridges any powers and duties presently 
 71.9   vested in or imposed upon the commissioner of transportation or 
 71.10  the commissioner of public safety or the superintendent of the 
 71.11  bureau of criminal apprehension relating to telecommunications 
 71.12  facilities or the commissioner of transportation relating only 
 71.13  to radio air navigation facilities or other air navigation 
 71.14  facilities.  
 71.15     Sec. 6.  Minnesota Statutes 1994, section 16B.54, 
 71.16  subdivision 2, is amended to read: 
 71.17     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
 71.18  APPROPRIATION.] The commissioner may direct an agency to make a 
 71.19  transfer of a passenger motor vehicle or truck currently 
 71.20  assigned to it.  The transfer must be made to the commissioner 
 71.21  for use in the central motor pool.  The commissioner shall 
 71.22  reimburse an agency whose motor vehicles have been paid for with 
 71.23  funds dedicated by the constitution for a special purpose and 
 71.24  which are assigned to the central motor pool.  The amount of 
 71.25  reimbursement for a motor vehicle is its average wholesale price 
 71.26  as determined from the midwest edition of the National 
 71.27  Automobile Dealers Association official used car guide. 
 71.28     (b)  [PURCHASE.] To the extent that funds are available for 
 71.29  the purpose, the commissioner may purchase or otherwise acquire 
 71.30  additional passenger motor vehicles and trucks necessary for the 
 71.31  central motor pool.  The title to all motor vehicles assigned to 
 71.32  or purchased or acquired for the central motor pool is in the 
 71.33  name of the department of administration.  
 71.34     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 71.35  agency, the commissioner may transfer to the central motor pool 
 71.36  any passenger motor vehicle or truck for the purpose of 
 72.1   disposing of it.  The department or agency transferring the 
 72.2   vehicle or truck must be paid for it from the motor pool 
 72.3   revolving account established by this section in an amount equal 
 72.4   to two-thirds of the average wholesale price of the vehicle or 
 72.5   truck as determined from the midwest edition of the National 
 72.6   Automobile Dealers Association official used car guide. 
 72.7      (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 72.8   for the uniform marking of all motor vehicles.  Motor vehicle 
 72.9   colors must be selected from the regular color chart provided by 
 72.10  the manufacturer each year.  The commissioner may further 
 72.11  provide for the use of motor vehicles without marking by the 
 72.12  governor, the lieutenant governor, the division bureau of 
 72.13  criminal apprehension, division of liquor control, division of 
 72.14  gambling enforcement, arson investigators of the division of 
 72.15  fire marshal in the department of public safety, financial 
 72.16  institutions division of the department of commerce, state 
 72.17  lottery, criminal investigators of the department of revenue, 
 72.18  state-owned community service facilities in the department of 
 72.19  human services, the investigative staff of the department of 
 72.20  economic security, and the office of the attorney general.  
 72.21     Sec. 7.  Minnesota Statutes 1994, section 299A.31, 
 72.22  subdivision 1, is amended to read: 
 72.23     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
 72.24  abuse and violence prevention council consisting of 19 members 
 72.25  is established.  The commissioners of public safety, education, 
 72.26  health, corrections, and human services, the director of the 
 72.27  office of strategic and long-range planning, the superintendent 
 72.28  of the bureau of criminal apprehension, and the attorney general 
 72.29  shall each appoint one member from among their employees.  The 
 72.30  speaker of the house of representatives and the subcommittee on 
 72.31  committees of the senate shall each appoint a legislative 
 72.32  member.  The governor shall appoint an additional ten members 
 72.33  who shall represent the demographic and geographic composition 
 72.34  of the state and, to the extent possible, shall represent the 
 72.35  following:  public health; education including preschool, 
 72.36  elementary, and higher education; social services; financial aid 
 73.1   services; chemical dependency treatment; law enforcement; 
 73.2   prosecution; defense; the judiciary; corrections; treatment 
 73.3   research professionals; drug abuse prevention professionals; the 
 73.4   business sector; religious leaders; representatives of racial 
 73.5   and ethnic minority communities; and other community 
 73.6   representatives.  The members shall designate one of the 
 73.7   governor's appointees as chair of the council.  Compensation and 
 73.8   removal of members are governed by section 15.059.  
 73.9      Sec. 8.  Minnesota Statutes 1994, section 299A.331, 
 73.10  subdivision 1, is amended to read: 
 73.11     Subdivision 1.  [MEMBERSHIP.] The advisory council on drug 
 73.12  abuse resistance education consists of: 
 73.13     (1) the attorney general who shall serve as chair; 
 73.14     (2) the commissioner of public safety superintendent of the 
 73.15  bureau of criminal apprehension; 
 73.16     (3) the commissioner of education; 
 73.17     (4) three representatives of law enforcement appointed by 
 73.18  the commissioner of public safety governor; 
 73.19     (5) three representatives of education appointed by the 
 73.20  commissioner of education; 
 73.21     (6) a representative of the DARE officers association 
 73.22  appointed by the peace officer standards and training board from 
 73.23  among recommendations of the association; and 
 73.24     (7) seven citizens appointed by the attorney general. 
 73.25     Sec. 9.  Minnesota Statutes 1994, section 299A.38, 
 73.26  subdivision 1, is amended to read: 
 73.27     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 73.28     (a) "Commissioner" means the commissioner of public safety. 
 73.29     (b) "Peace officer" means a person who is licensed under 
 73.30  section 626.84, subdivision 1, paragraph (c). 
 73.31     (b) "Superintendent" means the superintendent of the bureau 
 73.32  of criminal apprehension. 
 73.33     (c) "Vest" means bullet-resistant soft body armor that is 
 73.34  flexible, concealable, and custom fitted to the peace officer to 
 73.35  provide ballistic and trauma protection. 
 73.36     Sec. 10.  Minnesota Statutes 1994, section 299C.01, is 
 74.1   amended to read: 
 74.2      299C.01 [CRIMINAL BUREAU OF CRIMINAL APPREHENSION.] 
 74.3      Subdivision 1.  [POWERS TRANSFERRED TO COMMISSIONER 
 74.4   SUPERINTENDENT.] All the powers and duties now formally vested 
 74.5   in or imposed upon the commissioner of public safety before the 
 74.6   effective date of this article, relating to the bureau of 
 74.7   criminal apprehension or the superintendent of the bureau of 
 74.8   criminal apprehension as prescribed by chapter 626, or any other 
 74.9   law, are hereby transferred to, vested in, and imposed upon 
 74.10  the commissioner of public safety superintendent of the bureau 
 74.11  of criminal apprehension.  The bureau of criminal apprehension 
 74.12  and the office of the superintendent of the bureau of criminal 
 74.13  apprehension as heretofore constituted as a division of the 
 74.14  department of public safety are abolished and the bureau is 
 74.15  created as an independent agency in the executive branch of 
 74.16  state government. 
 74.17     Subd. 2.  [DIVISION OF DEPARTMENT OF PUBLIC SAFETY BUREAU 
 74.18  CREATED.] A division in the department of public safety to be 
 74.19  known as The bureau of criminal apprehension is hereby created, 
 74.20  under the supervision and control of the superintendent of 
 74.21  criminal apprehension, who shall be appointed by 
 74.22  the commissioner governor, with the advice and consent of the 
 74.23  senate, and serve at the commissioner's pleasure in the 
 74.24  unclassified service of the state civil service, to whom a term 
 74.25  coterminous with the term of the governor under whom appointed.  
 74.26  The position of deputy superintendent, or similar position, is 
 74.27  not authorized.  Except when contrary to this subdivision, the 
 74.28  provisions of section 15.06 apply to the position of 
 74.29  superintendent of the bureau of criminal apprehension.  The 
 74.30  superintendent shall be assigned the duties and responsibilities 
 74.31  described in this section chapter.  
 74.32     Subd. 2a.  [ADMINISTRATIVE SERVICES.] The commissioner of 
 74.33  public safety shall continue to provide to the bureau of 
 74.34  criminal apprehension the services provided by the department's 
 74.35  offices of finance and administrative services, personnel, 
 74.36  diversity, and information systems management. 
 75.1      Subd. 4.  [DUTIES GENERALLY.] The division of the bureau of 
 75.2   criminal apprehension shall perform such functions and duties as 
 75.3   relate to statewide and nationwide crime information systems as 
 75.4   the commissioner superintendent may direct.  
 75.5      Sec. 11.  Minnesota Statutes 1994, section 299C.03, is 
 75.6   amended to read: 
 75.7      299C.03 [SUPERINTENDENT; RULES.] 
 75.8      The superintendent, with the approval of the commissioner 
 75.9   of public safety, from time to time, shall make such rules and 
 75.10  adopt such measures as the superintendent deems necessary, 
 75.11  within the provisions and limitations of sections 299C.03 to 
 75.12  299C.08, 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, to 
 75.13  secure the efficient operation of the bureau.  The bureau shall 
 75.14  cooperate with the respective sheriffs, constables, marshals, 
 75.15  police, and other peace officers of the state in the detection 
 75.16  of crime and the apprehension of criminals throughout the state, 
 75.17  and shall have the power to conduct such investigations as the 
 75.18  superintendent, with the approval of the commissioner of public 
 75.19  safety, may deem necessary to secure evidence which may be 
 75.20  essential to the apprehension and conviction of alleged 
 75.21  violators of the criminal laws of the state.  The various 
 75.22  members of the bureau shall have and may exercise throughout the 
 75.23  state the same powers of arrest possessed by a sheriff, but they 
 75.24  shall not be employed to render police service in connection 
 75.25  with strikes and other industrial disputes.  
 75.26     Sec. 12.  Minnesota Statutes 1994, section 299C.13, is 
 75.27  amended to read: 
 75.28     299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
 75.29     Upon receipt of information data as to any arrested person, 
 75.30  the bureau shall immediately ascertain whether the person 
 75.31  arrested has a criminal record or is a fugitive from justice, 
 75.32  and shall at once inform the arresting officer of the facts 
 75.33  ascertained.  Upon application by any sheriff, chief of police, 
 75.34  or other peace officer in the state, or by an officer of the 
 75.35  United States or by an officer of another state, territory, or 
 75.36  government duly authorized to receive the same and effecting 
 76.1   reciprocal interchange of similar information with the division 
 76.2   bureau, it shall be the duty of the bureau to furnish all 
 76.3   information in its possession pertaining to the identification 
 76.4   of any person.  If the bureau has a sealed record on the 
 76.5   arrested person, it shall notify the requesting peace officer of 
 76.6   that fact and of the right to seek a court order to open the 
 76.7   record for purposes of law enforcement.  
 76.8      Sec. 13.  Minnesota Statutes 1994, section 299C.50, is 
 76.9   amended to read: 
 76.10     299C.50 [TRANSFER OF FUNCTIONS.] 
 76.11     The commissioner of public safety superintendent of the 
 76.12  bureau of criminal apprehension shall perform all duties in 
 76.13  respect to the state's criminal justice information system which 
 76.14  were transferred from the commissioner of finance and the 
 76.15  governor's commission on crime prevention and control by 
 76.16  executive order of the governor; provided, that a transfer shall 
 76.17  not occur if the state is informed by a federal agency that the 
 76.18  transfer will result in the loss of federal moneys to which the 
 76.19  state would otherwise be entitled pursuant to the Omnibus Crime 
 76.20  Control and Safe Streets Act of 1968, Public Law Number 90-351, 
 76.21  as amended by the Juvenile Justice and Delinquency Prevention 
 76.22  Act of 1974, Public Law Number 93-415, and the Crime Control Act 
 76.23  of 1976, Public Law Number 94-503. 
 76.24     Sec. 14.  Minnesota Statutes 1994, section 299C.65, 
 76.25  subdivision 1, is amended to read: 
 76.26     Subdivision 1.  [MEMBERSHIP, DUTIES.] The criminal and 
 76.27  juvenile information policy group consists of the chair of the 
 76.28  sentencing guidelines commission, the commissioner of 
 76.29  corrections, the commissioner of public safety the 
 76.30  superintendent of the bureau of criminal apprehension, and the 
 76.31  state court administrator.  
 76.32     The policy group shall study and make recommendations to 
 76.33  the governor, the supreme court, and the legislature on:  
 76.34     (1) a framework for integrated criminal justice information 
 76.35  systems, including the development and maintenance of a 
 76.36  community data model for state, county, and local criminal 
 77.1   justice information; 
 77.2      (2) the responsibilities of each entity within the criminal 
 77.3   and juvenile justice systems concerning the collection, 
 77.4   maintenance, dissemination, and sharing of criminal justice 
 77.5   information with one another; 
 77.6      (3) actions necessary to ensure that information maintained 
 77.7   in the criminal justice information systems is accurate and 
 77.8   up-to-date; 
 77.9      (4) the development of an information system containing 
 77.10  criminal justice information on gross misdemeanor-level and 
 77.11  felony-level juvenile offenders that is part of the integrated 
 77.12  criminal justice information system framework; 
 77.13     (5) the development of an information system containing 
 77.14  criminal justice information on misdemeanor arrests, 
 77.15  prosecutions, and convictions that is part of the integrated 
 77.16  criminal justice information system framework; 
 77.17     (6) comprehensive training programs and requirements for 
 77.18  all individuals in criminal justice agencies to ensure the 
 77.19  quality and accuracy of information in those systems; 
 77.20     (7) continuing education requirements for individuals in 
 77.21  criminal justice agencies who are responsible for the 
 77.22  collection, maintenance, dissemination, and sharing of criminal 
 77.23  justice data; 
 77.24     (8) a periodic audit process to ensure the quality and 
 77.25  accuracy of information contained in the criminal justice 
 77.26  information systems; 
 77.27     (9) the equipment, training, and funding needs of the state 
 77.28  and local agencies that participate in the criminal justice 
 77.29  information systems; 
 77.30     (10) the impact of integrated criminal justice information 
 77.31  systems on individual privacy rights; 
 77.32     (11) the impact of proposed legislation on the criminal 
 77.33  justice system, including any fiscal impact, need for training, 
 77.34  changes in information systems, and changes in processes; 
 77.35     (12) the collection of data on race and ethnicity in 
 77.36  criminal justice information systems; 
 78.1      (13) the development of a tracking system for domestic 
 78.2   abuse orders for protection; 
 78.3      (14) processes for expungement, correction of inaccurate 
 78.4   records, destruction of records, and other matters relating to 
 78.5   the privacy interests of individuals; and 
 78.6      (15) the development of a database for extended 
 78.7   jurisdiction juvenile records and whether the records should be 
 78.8   public or private and how long they should be retained. 
 78.9      Sec. 15.  Minnesota Statutes 1994, section 299C.65, 
 78.10  subdivision 2, is amended to read: 
 78.11     Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
 78.12  an annual report with the governor, supreme court, and 
 78.13  legislature by December 1 of each even-numbered year.  
 78.14     The report must make recommendations concerning any 
 78.15  legislative changes or appropriations that are needed to ensure 
 78.16  that the criminal justice information systems operate accurately 
 78.17  and efficiently.  To assist them in developing their 
 78.18  recommendations, the chair, the commissioners commissioner, the 
 78.19  superintendent, and the administrator shall appoint a task force 
 78.20  consisting of the members of the criminal and juvenile justice 
 78.21  information policy group or their designees and the following 
 78.22  additional members:  
 78.23     (1) the director of the office of strategic and long-range 
 78.24  planning; 
 78.25     (2) two sheriffs recommended by the Minnesota sheriffs 
 78.26  association; 
 78.27     (3) two police chiefs recommended by the Minnesota chiefs 
 78.28  of police association; 
 78.29     (4) two county attorneys recommended by the Minnesota 
 78.30  county attorneys association; 
 78.31     (5) two city attorneys recommended by the Minnesota league 
 78.32  of cities; 
 78.33     (6) two public defenders appointed by the board of public 
 78.34  defense; 
 78.35     (7) two district judges appointed by the conference of 
 78.36  chief judges, one of whom is currently assigned to the juvenile 
 79.1   court; 
 79.2      (8) two community corrections administrators recommended by 
 79.3   the Minnesota association of counties, one of whom represents a 
 79.4   community corrections act county; 
 79.5      (9) two probation officers; 
 79.6      (10) two public members, one of whom has been a victim of 
 79.7   crime; 
 79.8      (11) two court administrators; 
 79.9      (12) two members of the house of representatives appointed 
 79.10  by the speaker of the house; and 
 79.11     (13) two members of the senate appointed by the majority 
 79.12  leader. 
 79.13     Sec. 16.  Minnesota Statutes 1994, section 352B.01, 
 79.14  subdivision 2, is amended to read: 
 79.15     Subd. 2.  [MEMBER.] "Member" means: 
 79.16     (a) persons referred to and employed after June 30, 1943, 
 79.17  under Laws 1929, chapter 355, as amended or supplemented, 
 79.18  currently employed by the state, whose salaries or compensation 
 79.19  is paid out of state funds; 
 79.20     (b) a conservation officer employed under section 97A.201, 
 79.21  currently employed by the state, whose salary or compensation is 
 79.22  paid out of state funds; 
 79.23     (c) a crime bureau officer who was employed by the crime 
 79.24  bureau and was a member of the highway patrolmen's retirement 
 79.25  fund on July 1, 1978, whether or not that person has the power 
 79.26  of arrest by warrant after that date, or who is employed as 
 79.27  police personnel, with powers of arrest by warrant under section 
 79.28  299C.04, and who is currently employed by the state, and whose 
 79.29  salary or compensation is paid out of state funds; 
 79.30     (d) a person who is employed by the state in the department 
 79.31  of public safety or a successor state agency in a data 
 79.32  processing management position with salary or compensation paid 
 79.33  from state funds, who was a crime bureau officer covered by the 
 79.34  state patrol retirement plan on August 15, 1987, and who was 
 79.35  initially hired in the data processing management position 
 79.36  within the department during September 1987, or January 1988, 
 80.1   with membership continuing for the duration of the person's 
 80.2   employment in that position, whether or not the person has the 
 80.3   power of arrest by warrant after August 15, 1987; and 
 80.4      (e) public safety employees of the bureau of criminal 
 80.5   apprehension defined as peace officers in section 626.84, 
 80.6   subdivision 1, paragraph (c), and employed with the division of 
 80.7   gambling enforcement under section 299L.01.  
 80.8      Sec. 17.  Minnesota Statutes 1994, section 360.0753, 
 80.9   subdivision 6, is amended to read: 
 80.10     Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 
 80.11  physician, medical technician, physician's trained mobile 
 80.12  intensive care paramedic, registered nurse, medical 
 80.13  technologist, or laboratory assistant acting at the request of a 
 80.14  peace officer may withdraw blood for the purpose of determining 
 80.15  the presence of alcohol or controlled substance.  This 
 80.16  limitation does not apply to the taking of a breath or urine 
 80.17  sample.  The person tested has the right to have someone of the 
 80.18  person's own choosing administer a chemical test or tests in 
 80.19  addition to any administered at the direction of a peace 
 80.20  officer; provided, that the additional test sample on behalf of 
 80.21  the person is obtained at the place where the person is in 
 80.22  custody, after the test administered at the direction of a peace 
 80.23  officer, and at no expense to the state.  The failure or 
 80.24  inability to obtain an additional test or tests by a person 
 80.25  shall not preclude the admission in evidence of the test taken 
 80.26  at the direction of a peace officer unless the additional test 
 80.27  was prevented or denied by the peace officer.  The physician, 
 80.28  medical technician, physician's trained mobile intensive care 
 80.29  paramedic, medical technologist, laboratory assistant, or 
 80.30  registered nurse drawing blood at the request of a peace officer 
 80.31  for the purpose of determining alcohol concentration shall in no 
 80.32  manner be liable in any civil or criminal action except for 
 80.33  negligence in drawing the blood.  The person administering a 
 80.34  breath test shall be fully trained in the administration of 
 80.35  breath tests pursuant to training given by the commissioner of 
 80.36  public safety or the commissioner of transportation or the 
 81.1   superintendent of the bureau of criminal apprehension.  
 81.2      Sec. 18.  Minnesota Statutes 1994, section 611A.20, 
 81.3   subdivision 2, is amended to read: 
 81.4      Subd. 2.  [CONTENTS OF NOTICE.] The commissioners of public 
 81.5   safety and commissioner of corrections, in consultation with 
 81.6   sexual assault victim advocates and health care professionals, 
 81.7   shall develop the notice required by subdivision 1.  The notice 
 81.8   must inform the victim of: 
 81.9      (1) the risk of contracting sexually transmitted diseases 
 81.10  as a result of a sexual assault; 
 81.11     (2) the symptoms of sexually transmitted diseases; 
 81.12     (3) recommendations for periodic testing for the diseases, 
 81.13  where appropriate; 
 81.14     (4) locations where confidential testing is done and the 
 81.15  extent of the confidentiality provided; 
 81.16     (5) information necessary to make an informed decision 
 81.17  whether to request a test of the offender under section 611A.19; 
 81.18  and 
 81.19     (6) other medically relevant information. 
 81.20     Sec. 19.  Minnesota Statutes 1994, section 624.7151, is 
 81.21  amended to read: 
 81.22     624.7151 [STANDARDIZED FORMS.] 
 81.23     By December 1, 1992, the commissioner of public safety The 
 81.24  superintendent of the bureau of criminal apprehension shall 
 81.25  adopt statewide standards governing the form and contents, as 
 81.26  required by sections 624.7131 to 624.714, of every application 
 81.27  for a pistol transferee permit, pistol transferee permit, report 
 81.28  of transfer of a pistol, application for a permit to carry a 
 81.29  pistol, and permit to carry a pistol that is granted or renewed 
 81.30  on or after January 1, 1993.  The adoption of these standards is 
 81.31  not subject to the rulemaking provisions of chapter 14. 
 81.32     Every application for a pistol transferee permit, pistol 
 81.33  transferee permit, report of transfer of a pistol, application 
 81.34  for a permit to carry a pistol, and permit to carry a pistol 
 81.35  that is received, granted, or renewed by a police chief or 
 81.36  county sheriff on or after January 1, 1993, must meet the 
 82.1   statewide standards adopted by the commissioner of public safety 
 82.2   superintendent.  Notwithstanding the previous sentence, neither 
 82.3   failure of the department of public safety to adopt standards 
 82.4   nor failure of the police chief or county sheriff to meet them 
 82.5   shall delay the timely processing of applications nor invalidate 
 82.6   permits issued on other forms meeting the requirements of 
 82.7   sections 624.7131 to 624.714. 
 82.8      Sec. 20.  Minnesota Statutes 1994, section 626.5531, 
 82.9   subdivision 2, is amended to read: 
 82.10     Subd. 2.  [USE OF INFORMATION COLLECTED.] The head of a 
 82.11  local law enforcement agency or state law enforcement department 
 82.12  that employs peace officers licensed under section 626.843 must 
 82.13  file a monthly report describing crimes reported under this 
 82.14  section with the department of public safety, bureau of criminal 
 82.15  apprehension.  The commissioner of public safety superintendent 
 82.16  of the bureau of criminal apprehension must summarize and 
 82.17  analyze the information received and file an annual report with 
 82.18  the department of human rights and the legislature.  The 
 82.19  commissioner superintendent may include information in the 
 82.20  annual report concerning any additional criminal activity 
 82.21  motivated by bias that is not covered by this section. 
 82.22     Sec. 21.  Minnesota Statutes 1994, section 626.562, 
 82.23  subdivision 1, is amended to read: 
 82.24     Subdivision 1.  [ESTABLISHMENT OF TELEPHONE LINE.] The 
 82.25  commissioner of public safety human services shall contract for 
 82.26  at least one statewide toll-free 24-hour telephone line for the 
 82.27  purpose of providing consultative and training services for 
 82.28  physicians, therapists, child protection workers, and other 
 82.29  professionals involved in child protection.  Services provided 
 82.30  must include emergency and longer term consultation on 
 82.31  individual child protection cases. 
 82.32     Sec. 22.  Minnesota Statutes 1994, section 634.16, is 
 82.33  amended to read: 
 82.34     634.16 [ADMISSION INTO EVIDENCE OF RESULTS OF INFRARED 
 82.35  BREATH-TESTS.] 
 82.36     In any civil or criminal hearing or trial, the results of 
 83.1   an infrared breath-test, when performed by a person who has been 
 83.2   fully trained in the use of an infrared breath-testing 
 83.3   instrument, as defined in section 169.01, subdivision 68, 
 83.4   pursuant to training given or approved by the commissioner of 
 83.5   public safety superintendent of the bureau of criminal 
 83.6   apprehension or the commissioner's superintendent's acting 
 83.7   agent, are admissible in evidence without antecedent expert 
 83.8   testimony that an infrared breath-testing instrument provides a 
 83.9   trustworthy and reliable measure of the alcohol in the breath. 
 83.10     Sec. 23.  [WORKER PARTICIPATION.] 
 83.11     Subdivision 1.  [RESTRUCTURING PROVISIONS.] The 
 83.12  restructuring of agencies required by sections 1 to 23 shall be 
 83.13  conducted under Minnesota Statutes, section 43A.045. 
 83.14     Subd. 2.  [WORKER PARTICIPATION COMMITTEES.] (a) Before the 
 83.15  restructuring of executive branch agencies under sections 1 to 
 83.16  23, a committee including representatives of employees and 
 83.17  employers within each affected agency must be established and be 
 83.18  given adequate time to perform the functions prescribed by 
 83.19  paragraph (b).  Each exclusive representative of employees shall 
 83.20  select a committee member from each of its bargaining units in 
 83.21  each affected agency.  The head of each agency shall select an 
 83.22  employee member from each unit of employees not represented by 
 83.23  an exclusive representative.  The agency head shall also appoint 
 83.24  one or more committee members to represent the agency.  The 
 83.25  number of members appointed by the agency head, however, may not 
 83.26  exceed the total number of members representing bargaining units.
 83.27     (b) A committee established under paragraph (a) shall:  
 83.28     (1) identify tasks related to agency reorganization and 
 83.29  adopt plans for addressing those tasks; 
 83.30     (2) identify other employer and employee issues related to 
 83.31  reorganization and adopt plans for addressing those issues; 
 83.32     (3) adopt plans for implementing this article, including 
 83.33  detailed plans for providing retraining for affected employees; 
 83.34  and 
 83.35     (4) guide the implementation of the reorganization. 
 83.36     Sec. 24.  [INSTRUCTION TO REVISOR.] 
 84.1      (a) In Minnesota Statutes 1995 Supplement, the revisor of 
 84.2   statutes shall change the terms "commissioner of public safety" 
 84.3   (or "commissioner" when referring to the commissioner of public 
 84.4   safety), "department of public safety" (or "department" when 
 84.5   referring to the department of public safety), or similar terms 
 84.6   to "superintendent of the bureau of criminal apprehension" (or 
 84.7   "superintendent" when referring to the superintendent of the 
 84.8   bureau of criminal apprehension), "bureau of criminal 
 84.9   apprehension" (or "bureau" when referring to the bureau of 
 84.10  criminal apprehension), or similar terms, as appropriate and 
 84.11  consistent with sections 1 to 23, where they appear in Minnesota 
 84.12  Statutes 1994, sections 123.75; 123.751; 169.123, subdivision 3; 
 84.13  176.192; 243.166; 270.062; 299A.38; 299C.065; 299C.17; 299C.23; 
 84.14  299C.46; 299C.48; 299C.49; 299C.52; 299C.53; 299C.54; 299C.55; 
 84.15  477A.0121; 611A.0311; 611A.07; 624.7131; 624.714; 624.7161; 
 84.16  626.553; 626.5532; and 634.15.  
 84.17     (b) The revisor of statutes shall make similar conforming 
 84.18  corrections to Minnesota Rules.  
 84.19     Sec. 25.  [EFFECTIVE DATE.] 
 84.20     Sections 1 to 23 are effective July 1, 1995. 
 84.21                             ARTICLE 5
 84.22                              TRUANCY
 84.23     Section 1.  Minnesota Statutes 1994, section 120.14, is 
 84.24  amended to read: 
 84.25     120.14 [ATTENDANCE OFFICERS.] 
 84.26     The board of any district may authorize the employment of 
 84.27  attendance officers, who shall investigate truancy or 
 84.28  nonattendance at school, make complaints, serve notice and 
 84.29  process, and attend to the enforcement of all laws and district 
 84.30  rules regarding school attendance.  When any attendance officer 
 84.31  learns of any case of habitual truancy or continued 
 84.32  nonattendance of any child required to attend school the officer 
 84.33  shall immediately notify the person having control of such child 
 84.34  to forthwith send to and keep the child in school.  The 
 84.35  attendance officer or designee shall send or convey the notice 
 84.36  required by section 260A.03 for a child who is a continuing 
 85.1   truant.  The officer shall act under the general supervision of 
 85.2   the district superintendent. 
 85.3      Sec. 2.  Minnesota Statutes 1994, section 171.04, 
 85.4   subdivision 1, is amended to read: 
 85.5      Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
 85.6   shall not issue a driver's license hereunder: 
 85.7      (1) To any person who is under the age of 16 years; to any 
 85.8   person under 18 years unless such person shall have successfully 
 85.9   completed a course in driver education, including both classroom 
 85.10  and behind-the-wheel instruction, approved by the state board of 
 85.11  education for courses offered through the public schools, or, in 
 85.12  the case of a course offered by a private, commercial driver 
 85.13  education school or institute, by the department of public 
 85.14  safety; except when such person has completed a course of driver 
 85.15  education in another state or has a previously issued valid 
 85.16  license from another state or country; nor to any person under 
 85.17  18 years unless the application of license is approved by either 
 85.18  parent when both reside in the same household as the minor 
 85.19  applicant, otherwise the parent or spouse of the parent having 
 85.20  custody or with whom the minor is living in the event there is 
 85.21  no court order for custody, or guardian having the custody of 
 85.22  such minor, or in the event a person under the age of 18 has no 
 85.23  living father, mother or guardian, the license shall not be 
 85.24  issued to such person unless the application therefor is 
 85.25  approved by the person's employer.  Driver education courses 
 85.26  offered in any public school shall be open for enrollment to 
 85.27  persons between the ages of 15 and 18 years residing in the 
 85.28  school district or attending school therein.  Any public school 
 85.29  offering driver education courses may charge an enrollment fee 
 85.30  for the driver education course which shall not exceed the 
 85.31  actual cost thereof to the public school and the school 
 85.32  district.  The approval required herein shall contain a 
 85.33  verification of the age of the applicant; 
 85.34     (2) To any person whose license has been suspended during 
 85.35  the period of suspension except that a suspended license may be 
 85.36  reinstated during the period of suspension upon the licensee 
 86.1   furnishing proof of financial responsibility in the same manner 
 86.2   as provided in the Minnesota no-fault automobile insurance act; 
 86.3      (3) To any person whose license has been revoked except 
 86.4   upon furnishing proof of financial responsibility in the same 
 86.5   manner as provided in the Minnesota no-fault automobile 
 86.6   insurance act and if otherwise qualified; 
 86.7      (4) To any person who is a drug dependent person as defined 
 86.8   in section 254A.02, subdivision 5; 
 86.9      (5) To any person who has been adjudged legally incompetent 
 86.10  by reason of mental illness, mental deficiency, or inebriation, 
 86.11  and has not been restored to capacity, unless the department is 
 86.12  satisfied that such person is competent to operate a motor 
 86.13  vehicle with safety to persons or property; 
 86.14     (6) To any person who is required by this chapter to take 
 86.15  an examination, unless such person shall have successfully 
 86.16  passed such examination; 
 86.17     (7) To any person who is required under the provisions of 
 86.18  the Minnesota no-fault automobile insurance act of this state to 
 86.19  deposit proof of financial responsibility and who has not 
 86.20  deposited such proof; 
 86.21     (8) To any person when the commissioner has good cause to 
 86.22  believe that the operation of a motor vehicle on the highways by 
 86.23  such person would be inimical to public safety or welfare; 
 86.24     (9) To any person when, in the opinion of the commissioner, 
 86.25  such person is afflicted with or suffering from such physical or 
 86.26  mental disability or disease as will affect such person in a 
 86.27  manner to prevent the person from exercising reasonable and 
 86.28  ordinary control over a motor vehicle while operating the same 
 86.29  upon the highways; nor to a person who is unable to read and 
 86.30  understand official signs regulating, warning, and directing 
 86.31  traffic; 
 86.32     (10) To a child for whom a court has ordered denial of 
 86.33  driving privileges under section 260.191, subdivision 1, or 
 86.34  260.195, subdivision 3a, until the period of denial is 
 86.35  completed; or 
 86.36     (11) To any person whose license has been canceled, during 
 87.1   the period of cancellation; or 
 87.2      (12) To a child determined to have possessed a dangerous 
 87.3   weapon under section 127.283. 
 87.4      Sec. 3.  Minnesota Statutes 1994, section 260.131, is 
 87.5   amended by adding a subdivision to read: 
 87.6      Subd. 1b.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
 87.7   HABITUAL TRUANT.] If there is a county attorney mediation 
 87.8   program operating in the child's school district, a petition 
 87.9   alleging that a child is in need of protection or services as a 
 87.10  habitual truant under section 260.015, subdivision 2a, clause 
 87.11  (2), may not be filed until the applicable procedures under 
 87.12  section 260A.05 have been exhausted. 
 87.13     Sec. 4.  Minnesota Statutes 1994, section 260.132, 
 87.14  subdivision 1, is amended to read: 
 87.15     Subdivision 1.  [NOTICE.] When a peace officer, or 
 87.16  attendance officer in the case of a habitual truant, has 
 87.17  probable cause to believe that a child: 
 87.18     (1) is in need of protection or services under section 
 87.19  260.015, subdivision 2a, clause (11) or (12); 
 87.20     (2) is a juvenile petty offender; or 
 87.21     (3) has committed a delinquent act that would be a petty 
 87.22  misdemeanor or misdemeanor if committed by an adult; 
 87.23  the officer may issue a notice to the child to appear in 
 87.24  juvenile court in the county in which the child is found or in 
 87.25  the county of the child's residence or, in the case of a 
 87.26  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 87.27  delinquent act, the county in which the offense was committed.  
 87.28  If there is a county attorney mediation program operating in the 
 87.29  child's school district, a notice to appear in juvenile court 
 87.30  for a habitual truant may not be issued until the applicable 
 87.31  procedures under section 260A.05 have been exhausted.  The 
 87.32  officer shall file a copy of the notice to appear with the 
 87.33  juvenile court of the appropriate county.  If a child fails to 
 87.34  appear in response to the notice, the court may issue a summons 
 87.35  notifying the child of the nature of the offense alleged and the 
 87.36  time and place set for the hearing.  If the peace officer finds 
 88.1   it necessary to take the child into custody, sections 260.165 
 88.2   and 260.171 shall apply. 
 88.3      Sec. 5.  Minnesota Statutes 1994, section 260.132, 
 88.4   subdivision 4, is amended to read: 
 88.5      Subd. 4.  [TRUANT.] When a peace officer or probation 
 88.6   officer has probable cause to believe that a child is currently 
 88.7   under age 16 and absent from school without lawful excuse, the 
 88.8   officer may transport the child to the child's home and deliver 
 88.9   the child to the custody of the child's parent or guardian, 
 88.10  transport the child to the child's school of enrollment and 
 88.11  deliver the child to the custody of a school superintendent or 
 88.12  teacher or transport the child to a truancy service center under 
 88.13  section 260A.04, subdivision 3.  For purposes of this 
 88.14  subdivision, a truancy service center is a facility that 
 88.15  receives truant students from peace officers or probation 
 88.16  officers and takes appropriate action including one or more of 
 88.17  the following: 
 88.18     (1) assessing the truant's attendance situation; 
 88.19     (2) assisting in coordinating intervention efforts where 
 88.20  appropriate; 
 88.21     (3) contacting the parents or legal guardian of the truant 
 88.22  and releasing the truant to the custody of the parent or 
 88.23  guardian; and 
 88.24     (4) facilitating the truant's earliest possible return to 
 88.25  school. 
 88.26     Sec. 6.  Minnesota Statutes 1994, section 260.191, 
 88.27  subdivision 1, is amended to read: 
 88.28     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 88.29  the child is in need of protection or services or neglected and 
 88.30  in foster care, it shall enter an order making any of the 
 88.31  following dispositions of the case: 
 88.32     (1) place the child under the protective supervision of the 
 88.33  local social services agency or child-placing agency in the 
 88.34  child's own home under conditions prescribed by the court 
 88.35  directed to the correction of the child's need for protection or 
 88.36  services; 
 89.1      (2) transfer legal custody to one of the following: 
 89.2      (i) a child-placing agency; or 
 89.3      (ii) the local social services agency. 
 89.4      In placing a child whose custody has been transferred under 
 89.5   this paragraph, the agencies shall follow the order of 
 89.6   preference stated in section 260.181, subdivision 3; 
 89.7      (3) if the child is in need of special treatment and care 
 89.8   for reasons of physical or mental health, the court may order 
 89.9   the child's parent, guardian, or custodian to provide it.  If 
 89.10  the parent, guardian, or custodian fails or is unable to provide 
 89.11  this treatment or care, the court may order it provided.  The 
 89.12  court shall not transfer legal custody of the child for the 
 89.13  purpose of obtaining special treatment or care solely because 
 89.14  the parent is unable to provide the treatment or care.  If the 
 89.15  court's order for mental health treatment is based on a 
 89.16  diagnosis made by a treatment professional, the court may order 
 89.17  that the diagnosing professional not provide the treatment to 
 89.18  the child if it finds that such an order is in the child's best 
 89.19  interests; or 
 89.20     (4) if the court believes that the child has sufficient 
 89.21  maturity and judgment and that it is in the best interests of 
 89.22  the child, the court may order a child 16 years old or older to 
 89.23  be allowed to live independently, either alone or with others as 
 89.24  approved by the court under supervision the court considers 
 89.25  appropriate, if the county board, after consultation with the 
 89.26  court, has specifically authorized this dispositional 
 89.27  alternative for a child. 
 89.28     (b) If the child was adjudicated in need of protection or 
 89.29  services because the child is a runaway or habitual truant, the 
 89.30  court may order any of the following dispositions in addition to 
 89.31  or as alternatives to the dispositions authorized under 
 89.32  paragraph (a): 
 89.33     (1) counsel the child or the child's parents, guardian, or 
 89.34  custodian; 
 89.35     (2) place the child under the supervision of a probation 
 89.36  officer or other suitable person in the child's own home under 
 90.1   conditions prescribed by the court, including reasonable rules 
 90.2   for the child's conduct and the conduct of the parents, 
 90.3   guardian, or custodian, designed for the physical, mental, and 
 90.4   moral well-being and behavior of the child; or with the consent 
 90.5   of the commissioner of corrections, place the child in a group 
 90.6   foster care facility which is under the commissioner's 
 90.7   management and supervision; 
 90.8      (3) subject to the court's supervision, transfer legal 
 90.9   custody of the child to one of the following: 
 90.10     (i) a reputable person of good moral character.  No person 
 90.11  may receive custody of two or more unrelated children unless 
 90.12  licensed to operate a residential program under sections 245A.01 
 90.13  to 245A.16; or 
 90.14     (ii) a county probation officer for placement in a group 
 90.15  foster home established under the direction of the juvenile 
 90.16  court and licensed pursuant to section 241.021; 
 90.17     (4) require the child to pay a fine of up to $100.  The 
 90.18  court shall order payment of the fine in a manner that will not 
 90.19  impose undue financial hardship upon the child; 
 90.20     (5) require the child to participate in a community service 
 90.21  project; 
 90.22     (6) order the child to undergo a chemical dependency 
 90.23  evaluation and, if warranted by the evaluation, order 
 90.24  participation by the child in a drug awareness program or an 
 90.25  inpatient or outpatient chemical dependency treatment program; 
 90.26     (7) if the court believes that it is in the best interests 
 90.27  of the child and of public safety that the child's driver's 
 90.28  license or instruction permit be canceled, the court may 
 90.29  recommend to order the commissioner of public safety that to 
 90.30  cancel the child's license be canceled or permit for any period 
 90.31  up to the child's 18th birthday.  If the child does not have a 
 90.32  driver's license or permit, the court may order a denial of 
 90.33  driving privileges for any period up to the child's 18th 
 90.34  birthday.  The court shall forward an order issued under this 
 90.35  clause to the commissioner is authorized to, who shall cancel 
 90.36  the license or permit or deny driving privileges without a 
 91.1   hearing for the period specified by the court.  At any time 
 91.2   before the expiration of the period of cancellation or denial, 
 91.3   the court may, for good cause, recommend to order the 
 91.4   commissioner of public safety that to allow the child be 
 91.5   authorized to apply for a new license or permit, and the 
 91.6   commissioner may shall so authorize; or 
 91.7      (8) order that the child's parent or legal guardian deliver 
 91.8   the child to school at the beginning of each school day for a 
 91.9   period of time specified by the court; or 
 91.10     (9) require the child to perform any other activities or 
 91.11  participate in any other treatment programs deemed appropriate 
 91.12  by the court.  
 91.13     (c) If a child is adjudicated in need of protection or 
 91.14  services because the child is a habitual truant and truancy 
 91.15  procedures involving the child were previously dealt with by a 
 91.16  county attorney mediation program under section 260A.05, the 
 91.17  court shall order a cancellation or denial of driving privileges 
 91.18  under paragraph (b), clause (7), until the child's 18th birthday.
 91.19     Sec. 7.  [260A.01] [TRUANCY PROGRAMS AND SERVICES.] 
 91.20     The programs in this chapter are designed to provide a 
 91.21  continuum of intervention and services to support families and 
 91.22  children in keeping children in school and combating truancy and 
 91.23  educational neglect.  School districts, county attorneys, and 
 91.24  law enforcement may establish the programs and coordinate them 
 91.25  with other community-based truancy services in order to provide 
 91.26  the necessary and most effective intervention for children and 
 91.27  their families.  This continuum of intervention and services 
 91.28  involves progressively intrusive intervention, beginning with 
 91.29  strong service-oriented efforts at the school and community 
 91.30  level and involving the court's authority only when necessary. 
 91.31     Sec. 8.  [260A.02] [DEFINITIONS.] 
 91.32     Subdivision 1.  [SCOPE.] The definition in this section 
 91.33  applies to this chapter. 
 91.34     Subd. 2.  [CONTINUING TRUANT.] "Continuing truant" means a 
 91.35  child who is subject to the compulsory instruction requirements 
 91.36  of section 120.101 and is absent from instruction in a school, 
 92.1   as defined in section 120.05, without valid excuse within a 
 92.2   single school year for: 
 92.3      (1) three days if the child is in elementary school; or 
 92.4      (2) four or more class periods on three days if the child 
 92.5   is in middle school, junior high school, or high school. 
 92.6      A child is not a continuing truant if the child is 
 92.7   withdrawn from school by the child's parents because of a 
 92.8   dispute with the school concerning the provision of special 
 92.9   education services under the Individuals with Disabilities 
 92.10  Education Act or accommodations and modifications under the 
 92.11  Americans with Disabilities Act, if the parent makes good faith 
 92.12  efforts to provide the child educational services from any other 
 92.13  source.  No parent who withdraws a child from school during a 
 92.14  dispute with the school concerning the provision of special 
 92.15  education services or accommodations and modifications is 
 92.16  required to file home school papers, if the parent provides 
 92.17  written notice to the department of education or the district of 
 92.18  the plan for the child's education. 
 92.19     Nothing in this section shall prevent a school district 
 92.20  from notifying a truant child's parent or legal guardian of the 
 92.21  child's truancy or otherwise addressing a child's attendance 
 92.22  problems prior to the child becoming a continuing truant. 
 92.23     Sec. 9.  [260A.03] [NOTICE TO PARENT OR GUARDIAN WHEN CHILD 
 92.24  IS A CONTINUING TRUANT.] 
 92.25     Upon a child's initial classification as a continuing 
 92.26  truant, the school attendance officer or other designated school 
 92.27  official shall notify the child's parent or legal guardian, by 
 92.28  first-class mail or other reasonable means, of the following: 
 92.29     (1) that the child is truant; 
 92.30     (2) that the parent or guardian should notify the school if 
 92.31  there is a valid excuse for the child's absences; 
 92.32     (3) that the parent or guardian is obligated to compel the 
 92.33  attendance of the child at school pursuant to section 120.101 
 92.34  and parents or guardians who fail to meet this obligation may be 
 92.35  subject to prosecution under section 127.20; 
 92.36     (4) that this notification serves as the notification 
 93.1   required by section 127.20; 
 93.2      (5) that alternative educational programs and services may 
 93.3   be available in the district; 
 93.4      (6) that the parent or guardian has the right to meet with 
 93.5   appropriate school personnel to discuss solutions to the child's 
 93.6   truancy; 
 93.7      (7) that if the child continues to be truant, the parent 
 93.8   and child may be subject to juvenile court proceedings under 
 93.9   chapter 260; 
 93.10     (8) that if the child is subject to juvenile court 
 93.11  proceedings, the child may be subject to suspension, 
 93.12  restriction, or delay of the child's driving privilege pursuant 
 93.13  to section 260.191; and 
 93.14     (9) that it is recommended that the parent or guardian 
 93.15  accompany the child to school and attend classes with the child 
 93.16  for one day. 
 93.17     Sec. 10.  [260A.04] [COMMUNITY-BASED TRUANCY PROJECTS AND 
 93.18  SERVICE CENTERS.] 
 93.19     Subdivision 1.  [ESTABLISHMENT.] (a) Community-based 
 93.20  truancy projects and service centers may be established to: 
 93.21     (1) provide for identification of students with school 
 93.22  attendance problems; 
 93.23     (2) facilitate the provision of services geared to address 
 93.24  the underlying issues that are contributing to a student's 
 93.25  truant behavior; and 
 93.26     (3) provide facilities to receive truant students from 
 93.27  peace officers and probation officers. 
 93.28     (b) Truancy projects and service centers may provide any of 
 93.29  these services and shall provide for referral of children and 
 93.30  families to other appropriate programs and services. 
 93.31     Subd. 2.  [COMMUNITY-BASED ACTION PROJECTS.] Schools, 
 93.32  community agencies, law enforcement, parent associations, and 
 93.33  other interested groups may cooperate to provide coordinated 
 93.34  intervention, prevention, and educational services for truant 
 93.35  students and their families.  Services may include: 
 93.36     (1) assessment for underlying issues that are contributing 
 94.1   to the child's truant behavior; 
 94.2      (2) referral to other community-based services for the 
 94.3   child and family, such as individual or family counseling, 
 94.4   educational testing, psychological evaluations, tutoring, 
 94.5   mentoring, and mediation; 
 94.6      (3) transition services to integrate the child back into 
 94.7   school and to help the child succeed once there; 
 94.8      (4) culturally sensitive programming and staffing; and 
 94.9      (5) increased school response, including in-school 
 94.10  suspension, better attendance monitoring and enforcement, 
 94.11  after-school study programs, and in-service training for 
 94.12  teachers and staff. 
 94.13     Subd. 3.  [TRUANCY SERVICE CENTERS.] (a) Truancy service 
 94.14  centers may be established as facilities to receive truant 
 94.15  students from peace officers and probation officers and provide 
 94.16  other appropriate services.  A truancy service center may: 
 94.17     (1) assess a truant student's attendance situation, 
 94.18  including enrollment status, verification of truancy, and school 
 94.19  attendance history; 
 94.20     (2) assist in coordinating intervention efforts where 
 94.21  appropriate, including checking with juvenile probation and 
 94.22  children and family services to determine whether an active case 
 94.23  is pending and facilitating transfer to an appropriate facility, 
 94.24  if indicated; and evaluating the need for and making referral to 
 94.25  a health clinic, chemical dependency treatment, protective 
 94.26  services, social or recreational programs, or other school or 
 94.27  community-based services and programs described in subdivision 
 94.28  2; 
 94.29     (3) contact the parents or legal guardian of the truant 
 94.30  student and release the truant student to the custody of the 
 94.31  parents or guardian; and 
 94.32     (4) facilitate the student's earliest possible return to 
 94.33  school. 
 94.34     (b) Truancy service centers may not accept: 
 94.35     (1) juveniles taken into custody for criminal violations; 
 94.36     (2) intoxicated juveniles; 
 95.1      (3) ill or injured juveniles; or 
 95.2      (4) juveniles older than mandatory school attendance age. 
 95.3      (c) Truancy service centers may expand their service 
 95.4   capability in order to receive curfew violators and take 
 95.5   appropriate action, such as coordination of intervention 
 95.6   efforts, contacting parents, and developing strategies to ensure 
 95.7   that parents assume responsibility for their children's curfew 
 95.8   violations. 
 95.9      Sec. 11.  [260A.05] [COUNTY ATTORNEY TRUANCY MEDIATION 
 95.10  PROGRAM.] 
 95.11     Subdivision 1.  [ESTABLISHMENT; REFERRALS.] A county 
 95.12  attorney may establish a truancy mediation program for the 
 95.13  purpose of resolving truancy problems without court action.  A 
 95.14  student may be referred to the county attorney by the school 
 95.15  district or law enforcement if the student continues to be 
 95.16  truant after the parent or guardian has been sent or conveyed 
 95.17  the notice under section 260A.03. 
 95.18     Subd. 2.  [MEETING; NOTICE.] The county attorney may 
 95.19  request the parent or legal guardian and the child referred 
 95.20  under subdivision 1 to attend a meeting in the county attorney's 
 95.21  office to discuss the possible legal consequences of the minor's 
 95.22  truancy.  The notice of the meeting must be served personally or 
 95.23  by certified mail at least five days before the meeting on each 
 95.24  person required to attend the meeting.  The notice must include: 
 95.25     (1) the name and address of the person to whom the notice 
 95.26  is directed; 
 95.27     (2) the date, time, and place of the meeting; 
 95.28     (3) the name of the minor classified as a truant; 
 95.29     (4) the basis for the referral to the county attorney; and 
 95.30     (5) a warning that a criminal complaint may be filed 
 95.31  against the parents or guardians pursuant to section 127.20 for 
 95.32  failure to compel the attendance of the minor at school or that 
 95.33  action may be taken in juvenile court. 
 95.34     Subd. 3.  [PROCEDURE.] At the beginning of the meeting 
 95.35  under this section, the county attorney shall advise the parents 
 95.36  or guardians and the child that any statements they make could 
 96.1   be used against them in subsequent court proceedings.  After the 
 96.2   meeting the county attorney may file a petition or issue a 
 96.3   citation under chapter 260 if the county attorney determines 
 96.4   that available community resources cannot resolve the truancy 
 96.5   problem, or if the student or the parent or guardian fail to 
 96.6   cooperate or respond to services provided or to the directives 
 96.7   of the school or the county attorney. 
 96.8      Sec. 12.  [TRUANCY REDUCTION GRANT PILOT PROGRAM.] 
 96.9      Subdivision 1.  [ESTABLISHMENT.] A truancy reduction grant 
 96.10  pilot program is established to help school districts, county 
 96.11  attorneys, and law enforcement officials work collaboratively to 
 96.12  improve school attendance and to reduce truancy. 
 96.13     Subd. 2.  [EXPECTED OUTCOMES.] Grant recipients shall use 
 96.14  the funds for programs designed to assist truant students and 
 96.15  their families in resolving attendance problems without court 
 96.16  intervention.  Recipient programs must be designed to reduce 
 96.17  truancy and educational neglect, and improve school attendance 
 96.18  rates, by: 
 96.19     (1) providing early intervention and a continuum of 
 96.20  intervention; 
 96.21     (2) supporting parental involvement and responsibility in 
 96.22  solving attendance problems; 
 96.23     (3) working with students, families, school personnel, and 
 96.24  community resources to provide appropriate services that address 
 96.25  the underlying causes of truancy; and 
 96.26     (4) providing a speedy and effective alternative to 
 96.27  juvenile court intervention in truancy cases. 
 96.28     Subd. 3.  [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.] A 
 96.29  county attorney, together with a school district or group of 
 96.30  school districts and law enforcement, may apply for a truancy 
 96.31  reduction grant.  The commissioner of public safety, in 
 96.32  collaboration with the commissioner of education, shall 
 96.33  prescribe the form and manner of applications by July 1, 1995, 
 96.34  and shall award grants to applicants likely to meet the outcomes 
 96.35  in subdivision 2.  At least two grants must be awarded:  one to 
 96.36  a county in the seven-county metropolitan area and one to a 
 97.1   county outside the metropolitan area.  Grants must be awarded 
 97.2   for the implementation of programs in the 1995-1996 school year. 
 97.3   At minimum, each applicant group must have a plan for 
 97.4   implementing an early intervention truancy program at the school 
 97.5   district or building level, as well as a county attorney truancy 
 97.6   mediation program under section 11. 
 97.7      Subd. 4.  [EVALUATION.] The attorney general shall make a 
 97.8   preliminary report on the effectiveness of the pilot programs as 
 97.9   part of its 1996 annual report under article 6, section 1, and a 
 97.10  final report as part of its 1997 annual report under article 6, 
 97.11  section 1. 
 97.12     Sec. 13.  [REPEALER.] 
 97.13     Minnesota Statutes 1994, section 126.25, is repealed. 
 97.14     Laws 1994, chapter 576, section 1, is repealed. 
 97.15                             ARTICLE 6
 97.16                           SCHOOL SAFETY
 97.17     Section 1.  [8.36] [ANNUAL REPORT ON SCHOOL SAFETY.] 
 97.18     On or before January 15 of each year, the attorney general 
 97.19  shall prepare a report on safety in secondary and post-secondary 
 97.20  schools.  The report must include an assessment and evaluation 
 97.21  of the impact of existing laws and programs on school safety and 
 97.22  antiviolence and include recommendations for changes in law or 
 97.23  policy that would increase the safety of schools and curb 
 97.24  violence.  The report must be submitted to the chairs of the 
 97.25  senate and house of representatives committees with jurisdiction 
 97.26  over education and crime issues. 
 97.27     Sec. 2.  Minnesota Statutes 1994, section 120.73, is 
 97.28  amended by adding a subdivision to read: 
 97.29     Subd. 2b.  [SCHOOL UNIFORMS.] Notwithstanding section 
 97.30  120.74, a school board may require students to furnish or 
 97.31  purchase clothing that constitutes a school uniform if the board 
 97.32  has adopted a uniform requirement or program for the student's 
 97.33  school.  In adopting a uniform requirement, the board shall 
 97.34  promote student, staff, parent, and community involvement in the 
 97.35  program and account for the financial ability of students to 
 97.36  purchase uniforms. 
 98.1      Sec. 3.  [123.953] [SCHOOL DISTRICT EMPLOYEES; BACKGROUND 
 98.2   CHECKS.] 
 98.3      Subdivision 1.  [BACKGROUND CHECK REQUIRED.] A school 
 98.4   district shall request a criminal history background check from 
 98.5   the superintendent of the bureau of criminal apprehension on all 
 98.6   individuals who are offered employment in the school district.  
 98.7   In order to be eligible for employment, an individual who is 
 98.8   offered employment must provide an executed criminal history 
 98.9   consent form and a money order or cashier's check payable to the 
 98.10  bureau of criminal apprehension for the fee for conducting the 
 98.11  criminal history background check.  A school district may charge 
 98.12  a person offered employment an additional fee of up to $2 to 
 98.13  cover the school district's costs under this section.  The 
 98.14  superintendent shall perform the background check by retrieving 
 98.15  criminal history data maintained in the criminal justice 
 98.16  information system computers. 
 98.17     Subd. 2.  [CONDITIONAL HIRING; DISCHARGE.] A school 
 98.18  district may hire an individual pending completion of a 
 98.19  background check under subdivision 1 but shall notify the 
 98.20  individual that the individual's employment may be terminated 
 98.21  based on the result of the background check.  A school district 
 98.22  is not liable for failing to hire or for terminating an 
 98.23  individual's employment based on the result of a background 
 98.24  check under this section. 
 98.25     Sec. 4.  Minnesota Statutes 1994, section 125.05, is 
 98.26  amended by adding a subdivision to read: 
 98.27     Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
 98.28  and the state board of education shall request a criminal 
 98.29  history background check from the superintendent of the bureau 
 98.30  of criminal apprehension on all applicants for initial licenses 
 98.31  under their jurisdiction.  An application for a license under 
 98.32  this section must be accompanied by: 
 98.33     (1) an executed criminal history consent form, including 
 98.34  fingerprints; and 
 98.35     (2) a money order or cashier's check payable to the bureau 
 98.36  of criminal apprehension for the fee for conducting the criminal 
 99.1   history background check, plus an additional fee of $2 payable 
 99.2   to the board of teaching or the state board of education, as 
 99.3   applicable. 
 99.4      (b) The superintendent of the bureau of criminal 
 99.5   apprehension shall perform the background check required under 
 99.6   paragraph (a) by retrieving criminal history data maintained in 
 99.7   the criminal justice information system computers and shall also 
 99.8   conduct a search of the national criminal records repository, 
 99.9   including the criminal justice data communications network.  The 
 99.10  superintendent is authorized to exchange fingerprints with the 
 99.11  Federal Bureau of Investigation for purposes of the criminal 
 99.12  history check.  The superintendent shall recover the cost to the 
 99.13  bureau of a background check through the fee charged to the 
 99.14  applicant under paragraph (a). 
 99.15     Sec. 5.  Minnesota Statutes 1994, section 125.09, 
 99.16  subdivision 1, is amended to read: 
 99.17     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
 99.18  DENIAL.] The board of teaching or the state board of education, 
 99.19  whichever has jurisdiction over a teacher's licensure, may, on 
 99.20  the written complaint of the school board employing a teacher, 
 99.21  or of a teacher organization, or of any other interested person, 
 99.22  which complaint shall specify the nature and character of the 
 99.23  charges, refuse to issue, refuse to renew, suspend, or 
 99.24  revoke such a teacher's license to teach for any of the 
 99.25  following causes: 
 99.26     (1) Immoral character or conduct; 
 99.27     (2) Failure, without justifiable cause, to teach for the 
 99.28  term of the teacher's contract; 
 99.29     (3) Gross inefficiency or willful neglect of duty; or 
 99.30     (4) Failure to meet licensure requirements; or 
 99.31     (5) Fraud or misrepresentation in obtaining a license. 
 99.32     For purposes of this subdivision, the board of teaching is 
 99.33  delegated the authority to suspend or revoke coaching licenses 
 99.34  under the jurisdiction of the state board of education. 
 99.35     Sec. 6.  [127.282] [EXPULSION FOR POSSESSION OF FIREARM.] 
 99.36     Notwithstanding the time limitation in section 127.27,