as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; creating the department 1.3 of crime victims and violence prevention; 1.4 consolidating crime victims and violence prevention 1.5 programs within this department; appropriating money; 1.6 amending Minnesota Statutes 1998, sections 15.01; 1.7 15.06, subdivision 1; 15A.0815, subdivision 2; 1.8 119A.13, subdivisions 2 and 3; 119A.17; 119A.22; 1.9 119A.23, subdivisions 2, 3, and 4; 119A.26; 119A.27, 1.10 subdivision 1; 119A.28, subdivision 3; 119A.29, 1.11 subdivision 1; 119A.32; 119A.33; 119A.34, subdivisions 1.12 3 and 4; 124D.32, subdivisions 1 and 3; 145A.15, 1.13 subdivisions 1 and 4; 256.486, subdivision 1; 268.29; 1.14 268.30, subdivision 1, and by adding a subdivision; 1.15 299A.331, subdivision 1; 299A.63, subdivisions 1, 2, 1.16 and 3; 299C.065, subdivisions 1a, 2, 3a, and 4; 1.17 609.3241; 609.531, subdivision 1; 609.5315, by adding 1.18 a subdivision; 609.605, subdivision 2; 609.7495, 1.19 subdivision 1; 611A.01; 611A.02, subdivision 2; 1.20 611A.0311, subdivision 3; 611A.07, subdivision 1; 1.21 611A.25; 611A.32; 611A.34; 611A.35; 611A.36, 1.22 subdivision 1; 611A.361; 611A.55; 611A.57, subdivision 1.23 3; 611A.612; 611A.675, subdivision 1; 611A.71; 1.24 611A.74, subdivision 1a; 611A.76; and 611A.77, 1.25 subdivisions 1 and 2; proposing coding for new law in 1.26 Minnesota Statutes, chapter 611A; proposing coding for 1.27 new law as Minnesota Statutes, chapter 611B; repealing 1.28 Minnesota Statutes 1998, sections 119A.11, subdivision 1.29 6; 119A.20, subdivision 4; 611A.02, subdivision 1; 1.30 611A.21; 611A.22; 611A.221; 611A.31; 611A.33; 1.31 611A.345; 611A.41; 611A.43; and 611A.78. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 Section 1. [LEGISLATIVE INTENT.] 1.34 The legislature recognizes the legitimacy of and the 1.35 continuing need for providing services to crime victims and 1.36 programs for the prevention of crime. The legislature further 1.37 recognizes the importance of the involvement of victims, victim 1.38 advocates, and the community in these programs. It is the 2.1 intent of the legislature to preserve this involvement while 2.2 simultaneously providing for a more streamlined and efficient 2.3 process. 2.4 The legislature's intent in merging crime victims services 2.5 and violence prevention programs into one department is to: 2.6 (1) provide these services in a more efficient manner; 2.7 (2) increase the quantity and quality of the services 2.8 offered; 2.9 (3) provide for a unified and stronger voice to advocate on 2.10 behalf of those who receive the services; 2.11 (4) provide easier access to crime prevention programs for 2.12 the community; 2.13 (5) provide easier access to victim services for crime 2.14 victims; 2.15 (6) provide better information about services and 2.16 appropriate referrals to them; 2.17 (7) improve training opportunities for service providers 2.18 and other members of the criminal justice community; 2.19 (8) increase collaboration between providers; 2.20 (9) identify and rectify gaps in services; and 2.21 (10) improve the continuum of care offered in response to 2.22 violence in the community. 2.23 Sec. 2. Minnesota Statutes 1998, section 15.01, is amended 2.24 to read: 2.25 15.01 [DEPARTMENTS OF THE STATE.] 2.26 The following agencies are designated as the departments of 2.27 the state government: the department of administration; the 2.28 department of agriculture; the department of commerce; the 2.29 department of corrections; the department of children, families, 2.30 and learning; the department of crime victims and violence 2.31 prevention; the department of economic security; the department 2.32 of trade and economic development; the department of finance; 2.33 the department of health; the department of human rights; the 2.34 department of labor and industry; the department of military 2.35 affairs; the department of natural resources; the department of 2.36 employee relations; the department of public safety; the 3.1 department of public service; the department of human services; 3.2 the department of revenue; the department of transportation; the 3.3 department of veterans affairs; and their successor departments. 3.4 Sec. 3. Minnesota Statutes 1998, section 15.06, 3.5 subdivision 1, is amended to read: 3.6 Subdivision 1. [APPLICABILITY.] This section applies to 3.7 the following departments or agencies: the departments of 3.8 administration, agriculture, commerce, corrections, crime 3.9 victims and violence prevention, economic security, children, 3.10 families, and learning, employee relations, trade and economic 3.11 development, finance, health, human rights, labor and industry, 3.12 natural resources, public safety, public service, human 3.13 services, revenue, transportation, and veterans affairs; the 3.14 housing finance and pollution control agencies; the office of 3.15 commissioner of iron range resources and rehabilitation; the 3.16 bureau of mediation services; and their successor departments 3.17 and agencies. The heads of the foregoing departments or 3.18 agencies are "commissioners." 3.19 Sec. 4. Minnesota Statutes 1998, section 15A.0815, 3.20 subdivision 2, is amended to read: 3.21 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 3.22 positions in this subdivision may not exceed 85 percent of the 3.23 salary of the governor: 3.24 Commissioner of administration; 3.25 Commissioner of agriculture; 3.26 Commissioner of children, families, and learning; 3.27 Commissioner of commerce; 3.28 Commissioner of corrections; 3.29 Commissioner of crime victims and violence prevention; 3.30 Commissioner of economic security; 3.31 Commissioner of employee relations; 3.32 Commissioner of finance; 3.33 Commissioner of health; 3.34 Executive director, higher education services office; 3.35 Commissioner, housing finance agency; 3.36 Commissioner of human rights; 4.1 Commissioner of human services; 4.2 Executive director, state board of investment; 4.3 Commissioner of labor and industry; 4.4 Commissioner of natural resources; 4.5 Director of office of strategic and long-range planning; 4.6 Commissioner, pollution control agency; 4.7 Commissioner of public safety; 4.8 Commissioner, department of public service; 4.9 Commissioner of revenue; 4.10 Commissioner of trade and economic development; 4.11 Commissioner of transportation; and 4.12 Commissioner of veterans affairs. 4.13 Sec. 5. Minnesota Statutes 1998, section 119A.13, 4.14 subdivision 2, is amended to read: 4.15 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1718 4.16 members is established under section 15.059. The commissioners 4.17 of crime victims and violence prevention, human services, 4.18 health, and children, families, and learning shall each appoint 4.19 one member. The subcommittee on committees of the senate and 4.20 the speaker of the house of representatives shall each appoint 4.21 two members of their respective bodies, one from each caucus. 4.22 The governor shall appoint an additional ten members who shall 4.23 demonstrate knowledge in the area of child abuse prevention and 4.24 shall represent the demographic and geographic composition of 4.25 the state, and to the extent possible, represent the following 4.26 groups: local government, parents, racial and ethnic minority 4.27 communities, the religious community, professional providers of 4.28 child abuse prevention services, and volunteers in child abuse 4.29 prevention services. The council shall advise and assist the 4.30 commissioner in carrying out sections 119A.10 to 119A.16. The 4.31 council does not expire as provided by section 15.059, 4.32 subdivision 5. 4.33 Sec. 6. Minnesota Statutes 1998, section 119A.13, 4.34 subdivision 3, is amended to read: 4.35 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.]By June 1,4.361987,The commissioner, assisted by the advisory council, shall 5.1 develop a plan to disburse money from the trust fund. In 5.2 developing the plan, the commissioner shall review prevention 5.3 programs. The plan must ensure that all geographic areas of the 5.4 state have an equal opportunity to establish prevention programs 5.5 and receive trust fund money. 5.6 Sec. 7. Minnesota Statutes 1998, section 119A.17, is 5.7 amended to read: 5.8 119A.17 [ANNUAL APPROPRIATION.] 5.9 All earnings from trust fund assets, all sums received 5.10 under section 119A.16, and 60 percent of the amount collected 5.11 under section 144.226, subdivision 3, are appropriated annually 5.12 from the children's trust fund for the prevention of child abuse 5.13 to the commissionerof children, families, and learningto carry 5.14 out sections 119A.10 to 119A.16.In fiscal year 1987 only, the5.15first $75,000 collected under section 144.226, subdivision 3, is5.16appropriated from the children's trust fund for the prevention5.17of child abuse to the commissioner of children, families, and5.18learning to carry out sections 119A.10 to 119A.16.5.19 Sec. 8. Minnesota Statutes 1998, section 119A.22, is 5.20 amended to read: 5.21 119A.22 [DUTIES OF THE COMMISSIONER.] 5.22 The commissioner shall: 5.23 (1) review applications and award grants to programs 5.24 pursuant to section 119A.21 after considering the recommendation 5.25 of the abused children advisory council; 5.26 (2) appoint members of the abused children advisory council 5.27 created under section 119A.23 and provide consultative staff and 5.28 other administrative services to the council; 5.29 (3)after considering the recommendationwith the advice of 5.30 the abused children advisory council, appoint a programdirector5.31 manager to aid the council in the performance of its duties and 5.32 perform the duties set forth in this clause.In appointing the5.33program director the commissioner shall give due consideration5.34to the list of applicants submitted to the commissioner pursuant5.35to this section.The programdirectormanager shall administer 5.36 the funds appropriated for sections 119A.20 to 119A.23, consult 6.1 with and provide staff to the advisory council and perform other 6.2 duties related to abused children's programs as the commissioner 6.3 may assign; 6.4 (4) design a uniform method of collecting data on abused 6.5 children's programs to be used to monitor and assure compliance 6.6 of the programs funded under section 119A.21; 6.7 (5) provide technical aid to applicants in the development 6.8 of grant requests and to programs in meeting the data collection 6.9 requirements established by the commissioner; and 6.10 (6) adopt, under chapter 14, all rules necessary to 6.11 implement the provisions of sections 119A.20 to 119A.23. 6.12 Sec. 9. Minnesota Statutes 1998, section 119A.23, 6.13 subdivision 2, is amended to read: 6.14 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 6.15 knowledgeable about or have interests in issues concerning 6.16 abused children and the programs that serve them, including the 6.17 need for effective advocacy services. The membership of the 6.18 council shall broadly represent the interests of abused children 6.19 throughout Minnesota, including representation of people of 6.20 color and other individuals from traditionally underserved 6.21 population, and must include one member from the department of 6.22 human services child protection unit. No more than six members 6.23 of the council may be representatives of community or 6.24 governmental organizations that provide abused children 6.25 services. One-half of the council's members shall reside in the 6.26 metropolitan area consisting of the counties of Anoka, Carver, 6.27 Dakota, Hennepin, Ramsey, Scott, and Washington, and one-half of 6.28 the members shall reside in the nonmetropolitan area. To the 6.29 extent possible, nonmetropolitan members must be representative 6.30 of all nonmetropolitan regions of the state. To the extent 6.31 possible, council membership must reflect diversity with regard 6.32 to age, ethnicity, gender, sexual orientation, and disabilities. 6.33 Sec. 10. Minnesota Statutes 1998, section 119A.23, 6.34 subdivision 3, is amended to read: 6.35 Subd. 3. [DUTIES.] The advisory council shall: 6.36 (1) advise the commissioner on all planning, development, 7.1 data collection, rulemaking, funding, and evaluation of abused 7.2 children programs under section 119A.22; 7.3 (2) advise the commissioner on the adoption of rules under 7.4 chapter 14 governing the award of grants to ensure that funded 7.5 programs are consistent with section 119A.21; 7.6 (3)recommend to the commissioner the names of five7.7applicants for the position of abused children program director;7.8(4)advise the commissioner on the rules adopted under 7.9 chapter 14; 7.10(5)(4) review applications received by the commissioner 7.11 for grants under section 119A.21 and make recommendations on the 7.12 awarding of grants; and 7.13(6)(5) advise the programdirectormanager in the 7.14 performance of duties in the administration and coordination of 7.15 the programs funded under section 119A.21. 7.16 Sec. 11. Minnesota Statutes 1998, section 119A.23, 7.17 subdivision 4, is amended to read: 7.18 Subd. 4. [CONFLICT OF INTEREST.] A member of the advisory 7.19 council shall be excluded from participating in all aspects of 7.20 grant review andrecommendationrecommendations concerning a 7.21 grantallocationapplication and any grant applications in the 7.22 corresponding competitive category if the member: 7.23 (1) serves or has served at any time during thelastpast 7.24 three years as an employee, paid consultant, volunteer, or 7.25 governing board member of an organization whose application is 7.26 being reviewed;or7.27 (2) has a financial interest in the funding of the 7.28 applicant organization; or 7.29 (3) has a relative, spouse, or partner affiliated with an 7.30 applicant organization or project. 7.31 Any staff member with a conflict of interest may take part 7.32 in the overall review process but may not rate or take part in 7.33 discussions about funding for the program for which they have a 7.34 conflict of interest. 7.35 Sec. 12. Minnesota Statutes 1998, section 119A.26, is 7.36 amended to read: 8.1 119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 8.2 Subdivision 1. [OFFICE;ASSISTANT COMMISSIONERDIRECTOR.] 8.3 The office of drug policy and violence prevention is an office 8.4 in the departmentof children, families, and learningheaded by 8.5an assistant commissionera director appointed by the 8.6 commissioner to serve in the unclassified service. 8.7 Theassistant commissionerdirector may appoint other employees. 8.8 Theassistant commissionerdirector shall coordinate the 8.9 violence prevention activities and the prevention and supply 8.10 reduction activities of state and local agencies and provide one 8.11 professional staff member to assist on a full-time basis the 8.12 work of the chemical abuse prevention resource council. 8.13 Subd. 2. [DUTIES.] (a) Theassistant commissionerdirector 8.14 shall: 8.15 (1) gather, develop, and make available throughout the 8.16 state information and educational materials on preventing and 8.17 reducing violence in the family and in the community, both 8.18 directly and by serving as a clearinghouse for information and 8.19 educational materials from schools, state and local agencies, 8.20 community service providers, and local organizations; 8.21 (2) foster collaboration among schools, state and local 8.22 agencies, community service providers, and local organizations 8.23 that assist in violence intervention or prevention; 8.24 (3) assist schools, state and local agencies, service 8.25 providers, and organizations, on request, with training and 8.26 other programs designed to educate individuals about violence 8.27 and reinforce values that contribute to ending violence; 8.28 (4) after consulting with all state agencies involved in 8.29 preventing or reducing violence within the family or community, 8.30 develop a statewide strategy for preventing and reducing 8.31 violence that encompasses the efforts of those agencies and 8.32 takes into account all money available for preventing or 8.33 reducing violence from any source; 8.34 (5) submit the strategy to the governor by January 15 of 8.35 each calendar year, along with a summary of activities occurring 8.36 during the previous year to prevent or reduce violence 9.1 experienced by children, young people, and their families; and 9.2 (6) assist appropriate professional and occupational 9.3 organizations, including organizations of law enforcement 9.4 officers, prosecutors, and educators, in developing and 9.5 operating informational and training programs to improve the 9.6 effectiveness of activities to prevent or reduce violence within 9.7 the family or community. 9.8 (b) Theassistant commissionerdirector shall gather and 9.9 make available information on prevention and supply reduction 9.10 activities throughout the state, foster cooperation among 9.11 involved state and local agencies, and assist agencies and 9.12 public officials in training and other programs designed to 9.13 improve the effectiveness of prevention and supply reduction 9.14 activities. 9.15 (c) Theassistant commissionerdirector shall coordinate 9.16 the distribution of funds received by the state of Minnesota 9.17 through the federal Anti-Drug Abuse Act. Theassistant9.18commissionerdirector shall recommend to the commissioner 9.19 recipients of grants undersections 119A.30 andsection 299A.33, 9.20 after consultation with the chemical abuse prevention resource 9.21 council. 9.22 (d) Theassistant commissionerdirector shall: 9.23 (1) after consultation with all state agencies involved in 9.24 prevention or supply reduction activities, develop a state 9.25 chemical abuse and dependency strategy encompassing the efforts 9.26 of those agencies and taking into account all money available 9.27 for prevention and supply reduction activities, from any source; 9.28 (2) submit the strategy to the governor by January 15 of 9.29 each year, along with a summary of prevention and supply 9.30 reduction activities during the preceding calendar year; 9.31 (3) assist appropriate professional and occupational 9.32 organizations, including organizations of law enforcement 9.33 officers, prosecutors, and educators, in developing and 9.34 operating informational and training programs to improve the 9.35 effectiveness of prevention and supply reduction activities; 9.36 (4) provide information, including information on drug 10.1 trends, and assistance to state and local agencies, both 10.2 directly and by functioning as a clearinghouse for information 10.3 from other agencies; 10.4 (5) facilitate cooperation among drug program agencies; and 10.5 (6) in coordination with the chemical abuse prevention 10.6 resource council, review, approve, and coordinate the 10.7 administration of prevention, criminal justice, and treatment 10.8 grants. 10.9 Sec. 13. Minnesota Statutes 1998, section 119A.27, 10.10 subdivision 1, is amended to read: 10.11 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A chemical 10.12 abuse and violence prevention council consisting of1920 10.13 members is established. The commissioners of public safety, 10.14 children, families, and learning, crime victims and violence 10.15 prevention, health, corrections, and human services, the 10.16 director of the office of strategic and long-range planning, and 10.17 the attorney general shall each appoint one member from among 10.18 their employees. The speaker of the house of representatives 10.19 and the subcommittee on committees of the senate shall each 10.20 appoint a legislative member. The governor shall appoint an 10.21 additional ten members who shall represent the demographic and 10.22 geographic composition of the state and, to the extent possible, 10.23 shall represent the following: public health; education 10.24 including preschool, elementary, and higher education; social 10.25 services; financial aid services; chemical dependency treatment; 10.26 law enforcement; prosecution; defense; the judiciary; 10.27 corrections; treatment research professionals; drug abuse 10.28 prevention professionals; the business sector; religious 10.29 leaders; representatives of racial and ethnic minority 10.30 communities; and other community representatives. The members 10.31 shall designate one of the governor's appointees as chair of the 10.32 council. Compensation and removal of members are governed by 10.33 section 15.059. 10.34 Sec. 14. Minnesota Statutes 1998, section 119A.28, 10.35 subdivision 3, is amended to read: 10.36 Subd. 3. [GRANT PROGRAMS.] The council shall, in 11.1 coordination with theassistant commissionerdirector of the 11.2 office of drug policy and violence prevention, review and 11.3 approve state agency plans regarding the use of federal funds 11.4 for programs to reduce chemical abuse or reduce the supply of 11.5 controlled substances. The appropriate state agencies would 11.6 have responsibility for management of state and federal drug 11.7 grant programs. 11.8 Sec. 15. Minnesota Statutes 1998, section 119A.29, 11.9 subdivision 1, is amended to read: 11.10 Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The 11.11 commissionerof children, families, and learningmay establish 11.12 pilot projects at neighborhood centers serving youths between 11.13 the ages of 11 to 21. The centers may offer recreational 11.14 activities, social services, meals, job skills and career 11.15 services, and provide referrals for youths to other available 11.16 services outside the centers. The commissioner may consult with 11.17 other appropriate agencies and, to the extent possible, use 11.18 existing resources and staff in creating the programs. The 11.19 commissioner shall ensure that the programs, if offered, are 11.20 adequately staffed by specially trained personnel and outreach 11.21 street workers. Each center may integrate community volunteers 11.22 into the program's activities and services and cooperate with 11.23 local law enforcement agencies. The centers must be open during 11.24 hours convenient to youths including evenings, weekends, and 11.25 extended summer hours. However, there may not be any conflicts 11.26 with truancy laws. Each center must have a plan for evaluation 11.27 designed to measure the program's effectiveness in aiding youths. 11.28 Sec. 16. Minnesota Statutes 1998, section 119A.32, is 11.29 amended to read: 11.30 119A.32 [OTHER DUTIES.] 11.31 Theassistant commissioner assigned todirector of the 11.32 office of drug policy and violence prevention, in consultation 11.33 with the chemical abuse and violence prevention council, shall: 11.34 (1) provide information and assistance upon request to 11.35 school preassessment teams established under section 121A.26 and 11.36 school and community advisory teams established under section 12.1 121A.27; 12.2 (2) provide information and assistance upon request to the 12.3 state board of pharmacy with respect to the board's enforcement 12.4 of chapter 152; 12.5 (3) cooperate with and provide information and assistance 12.6 upon request to the alcohol and other drug abuse section in the 12.7 department of human services; 12.8 (4) assist in coordinating the policy of the office with 12.9 that of the narcotic enforcement unit in the bureau of criminal 12.10 apprehension; and 12.11 (5) coordinate the activities of the regional drug task 12.12 forces, provide assistance and information to them upon request, 12.13 and assist in the formation of task forces in areas of the state 12.14 in which no task force operates. 12.15 Sec. 17. Minnesota Statutes 1998, section 119A.33, is 12.16 amended to read: 12.17 119A.33 [COOPERATION OF OTHER AGENCIES.] 12.18 State agencies, and agencies and governing bodies of 12.19 political subdivisions, shall cooperate with theassistant12.20commissioner assigned todirector of the office of drug policy 12.21 and shall provide any public information requested by 12.22 theassistant commissioner assigned to the office of drug policy12.23 director. 12.24 Sec. 18. Minnesota Statutes 1998, section 119A.34, 12.25 subdivision 3, is amended to read: 12.26 Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] Theassistant12.27commissionerdirector of the office of drug policy may award a 12.28 grant to a county, multicounty organization, or city, as 12.29 described in subdivision 1, for establishing and operating a 12.30 multidisciplinary chemical abuse prevention team. Theassistant12.31commissionerdirector may approve up to five applications for 12.32 grants under this subdivision. The grant funds must be used to 12.33 establish a multidisciplinary chemical abuse prevention team to 12.34 carry out the duties in subdivision 2. 12.35 Sec. 19. Minnesota Statutes 1998, section 119A.34, 12.36 subdivision 4, is amended to read: 13.1 Subd. 4. [ASSISTANT COMMISSIONERDIRECTOR; ADMINISTRATION 13.2 OF GRANTS.] Theassistant commissionerdirector shall develop a 13.3 process for administering grants under subdivision 3. The 13.4 process must be compatible with the community grant program 13.5 under the Drug Free Schools and Communities Act, Public Law 13.6 Number 100-690. The process for administering the grants must 13.7 include establishing criteria theassistant commissioner13.8 director shall apply in awarding grants. Theassistant13.9commissionerdirector shall issue requests for proposals for 13.10 grants under subdivision 3. The request must be designed to 13.11 obtain detailed information about the applicant and other 13.12 information theassistant commissionerdirector considers 13.13 necessary to evaluate and select a grant recipient. The 13.14 applicant shall submit a proposal for a grant on a form and in a 13.15 manner prescribed by theassistant commissionerdirector. The 13.16assistant commissionerdirector shall award grants under this 13.17 section so that 50 percent of the funds appropriated for the 13.18 grants go to the metropolitan area comprised of Anoka, Carver, 13.19 Dakota, Hennepin, Ramsey, Scott, and Washington counties, and 50 13.20 percent of the funds go to the area outside the metropolitan 13.21 area. The process for administering the grants must also 13.22 include procedures for monitoring the recipients' use of grant 13.23 funds and reporting requirements for grant recipients. 13.24 Sec. 20. Minnesota Statutes 1998, section 124D.32, 13.25 subdivision 1, is amended to read: 13.26 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] A learn and 13.27 earn graduation achievement grant program is established under 13.28 the administration of the commissionerof children, families,13.29and learning. The purpose of the program is to aid local 13.30 communities in their efforts to decrease youth crime by 13.31 improving the secondary educational success and increasing the 13.32 post-secondary educational opportunities of low-income high 13.33 school students who reside in and attend schools in communities 13.34 that have a high level of poverty and juvenile crime. The 13.35 commissioner shall make grants under this section to applicants 13.36 to establish local learn and earn programs that are 14.1 school-centered and that use a community-based approach that 14.2 provides eligible youth in grades 9 through 12 with individually 14.3 tailored opportunities for academic enrichment, community 14.4 service, and personal development that lead to a high school 14.5 diploma and post-secondary education. 14.6 Sec. 21. Minnesota Statutes 1998, section 124D.32, 14.7 subdivision 3, is amended to read: 14.8 Subd. 3. [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT 14.9 AWARDS.] The commissioner shall make grants to eligible 14.10 applicants to establish local learn and earn programs. Each 14.11 program shall operate for at least a four-year period. A local 14.12 program shall select its participants from among eligible 14.13 students who are entering or are in the ninth grade at the 14.14 inception of the program. A program may not refill a program 14.15 slot with another student if a student drops out of the program. 14.16 Students selected to participate in the program shall be 14.17 considered part of the program class and students who drop out 14.18 may return to the program at any time prior to graduation. 14.19 The commissioner shall establish the application procedure 14.20 for awarding grants under this section.The commissioner shall14.21begin awarding grants by May 1, 1998.14.22 Sec. 22. Minnesota Statutes 1998, section 145A.15, 14.23 subdivision 1, is amended to read: 14.24 Subdivision 1. [ESTABLISHMENT.] The commissionerof health14.25 shall expand the current grant program to fund additional 14.26 projects designed to prevent child abuse and neglect and reduce 14.27 juvenile delinquency by promoting positive parenting, resiliency 14.28 in children, and a healthy beginning for children by providing 14.29 early intervention services for families in need. Grant dollars 14.30 shall be available to train paraprofessionals to provide in-home 14.31 intervention services and to allow public health nurses to do 14.32 case management of services. The grant program shall provide 14.33 early intervention services for families in need and will 14.34 include: 14.35 (1) expansion of current public health nurse and family 14.36 aide home visiting programs and public health home visiting 15.1 projects which prevent child abuse and neglect, prevent juvenile 15.2 delinquency, and build resiliency in children; 15.3 (2) early intervention to promote a healthy and nurturing 15.4 beginning; 15.5 (3) distribution of educational and public information 15.6 programs and materials in hospital maternity divisions, 15.7 well-baby clinics, obstetrical clinics, and community clinics; 15.8 and 15.9 (4) training of home visitors in skills necessary for 15.10 comprehensive home visiting which promotes a healthy and 15.11 nurturing beginning for the child. 15.12 Sec. 23. Minnesota Statutes 1998, section 145A.15, 15.13 subdivision 4, is amended to read: 15.14 Subd. 4. [EVALUATION.] Each program that receives a grant 15.15 under this section must include a plan for program evaluation 15.16 designed to measure the effectiveness of the program in 15.17 preventing child abuse and neglect.On January 1, 1994, and15.18annually thereafterBy January 15 of each year, the commissioner 15.19of healthshall submit a report to the legislature on all 15.20 activities initiated in the prior biennium under this section. 15.21 The report shall include information on the outcomes reported by 15.22 all programs that received grant funds under this section in 15.23 that biennium. 15.24 Sec. 24. Minnesota Statutes 1998, section 256.486, 15.25 subdivision 1, is amended to read: 15.26 Subdivision 1. [GRANT PROGRAM.] The commissionerof human15.27servicesshall establish a grant program for coordinated, 15.28 family-based crime intervention and prevention services for 15.29 Asian-American youth. The commissioners of crime victims and 15.30 violence prevention, human services, children, families, and 15.31 learning, and public safety shall work together to coordinate 15.32 grant activities. 15.33 Sec. 25. Minnesota Statutes 1998, section 268.29, is 15.34 amended to read: 15.35 268.29 [JUVENILE JUSTICE PROGRAM.] 15.36 The governor shall designate the departmentof economic16.1securityas the sole agency responsible for supervising the 16.2 preparation and administration of the state plan for juvenile 16.3 justice required by the Juvenile Justice and Delinquency 16.4 Prevention Act of 1974, as amended. 16.5 The governor shall designate the juvenile justice advisory 16.6 committee as the supervisory board for the departmentof16.7economic securitywith respect to preparation and administration 16.8 of the state plan and award of grants. 16.9 The governor shall appoint members to the juvenile justice 16.10 advisory committee in accordance with the membership 16.11 requirements of the Juvenile Justice and Delinquency Prevention 16.12 Act of 1974, as amended. 16.13 Sec. 26. Minnesota Statutes 1998, section 268.30, 16.14 subdivision 1, is amended to read: 16.15 Subdivision 1. [GRANTSDEFINITION.]The commissioner may16.16make grants to nonprofit agencies administering youth16.17intervention programs in communities where the programs are or16.18may be established.16.19 "Youth intervention program" means a nonresidential 16.20 community-based program providing advocacy, education, 16.21 counseling, and referral services to youth and their families 16.22 experiencing personal, familial, school, legal, or chemical 16.23 problems with the goal of resolving the present problems and 16.24 preventing the occurrence of the problems in the future. 16.25 Sec. 27. Minnesota Statutes 1998, section 268.30, is 16.26 amended by adding a subdivision to read: 16.27 Subd. 1a. [GRANTS.] The commissioner may make grants to 16.28 nonprofit agencies administering youth intervention programs in 16.29 communities where the programs are or may be established. 16.30 Sec. 28. Minnesota Statutes 1998, section 299A.331, 16.31 subdivision 1, is amended to read: 16.32 Subdivision 1. [MEMBERSHIP.] The advisory council on drug 16.33 abuse resistance education consists of: 16.34 (1) the attorney general who shall serve as chair; 16.35 (2) the commissioner of crime victims and violence 16.36 prevention; 17.1 (3) the commissioner of public safety; 17.2(3)(4) the commissioner of children, families, and 17.3 learning; 17.4(4)(5) three representatives of law enforcement appointed 17.5 by the commissioner of public safety; 17.6(5)(6) three representatives of education appointed by the 17.7 commissioner of children, families, and learning; 17.8(6)(7) a representative of the DARE officers association 17.9 appointed by the peace officer standards and training board from 17.10 among recommendations of the association; and 17.11(7)(8) seven citizens appointed by the attorney general. 17.12 Sec. 29. Minnesota Statutes 1998, section 299A.63, 17.13 subdivision 1, is amended to read: 17.14 Subdivision 1. [ESTABLISHMENT.] A grant program is 17.15 established under the administration of the commissionerof17.16public safetyto assist local communities in their efforts to 17.17 eradicate violent crime, illegal drug activity, and illegal gang 17.18 activity in targeted neighborhoods, and to revitalize these 17.19 targeted neighborhoods economically and physically. 17.20 Sec. 30. Minnesota Statutes 1998, section 299A.63, 17.21 subdivision 2, is amended to read: 17.22 Subd. 2. [AWARDING GRANT.] The commissionerof public17.23safetyshall act as fiscal agent for the grant program and shall 17.24 be responsible for receiving applications for grants and 17.25 awarding grants under this section. Before any grants are 17.26 awarded, a committee consisting of the attorney general, and 17.27 representatives from the Minnesota chiefs of police association, 17.28 the Minnesota sheriffs association, and the Minnesota police and 17.29 peace officers association, shall evaluate the grant 17.30 applications. Before grants are awarded, the commissioner shall 17.31 meet and consult with the committee concerning its evaluation of 17.32 and recommendations on grant proposals. At least 50 percent of 17.33 the grants awarded under this section must be awarded to the 17.34 cities of Minneapolis and St. Paul. 17.35 Sec. 31. Minnesota Statutes 1998, section 299A.63, 17.36 subdivision 3, is amended to read: 18.1 Subd. 3. [GRANT PROCESS.] (a) A city may apply for a grant 18.2 under this section by submitting an application to the 18.3 commissionerof public safetyon a form prescribed by the 18.4 commissioner. The application shall: 18.5 (1) identify the neighborhood within the city that has been 18.6 proposed by the city's mayor as a targeted site; 18.7 (2) describe the problems to be corrected within the 18.8 targeted neighborhood and the strengths that make the targeted 18.9 neighborhood a suitable candidate for funding; and 18.10 (3) contain the city's plan for use of the grant funds. 18.11 This plan must: 18.12 (i) be prepared in consultation with residents of the 18.13 targeted neighborhood; 18.14 (ii) describe the specific law enforcement, community 18.15 policing, prevention, intervention, treatment, and neighborhood 18.16 revitalization activities that the city intends to undertake; 18.17 and 18.18 (iii) include a reporting and evaluation component. 18.19 (b) A city may apply for more than one grant under this 18.20 section; however, each grant may target only one neighborhood. 18.21 Sec. 32. Minnesota Statutes 1998, section 299C.065, 18.22 subdivision 1a, is amended to read: 18.23 Subd. 1a. [WITNESS AND VICTIM PROTECTION FUND; GRANTS.]A18.24 (a) The witness and victim protection fund iscreatedunder the 18.25 administration of the commissionerof public safety. The 18.26 commissioner may make grants to local officials to provide for 18.27 the relocation or other protection of a victim, witness, or 18.28 potential witness who is involved in a criminal prosecution and 18.29 who the commissioner has reason to believe is or is likely to be 18.30 the target of a violent crime or a violation of section 609.498 18.31 or 609.713, in connection with that prosecution.The awarding18.32of grants under this subdivision is not limited to the crimes18.33and investigations described in subdivision 1.The commissioner 18.34 may award grants for any of the following actions in connection 18.35 with the protection of a witness or victim under this 18.36subdivisionsection: 19.1 (1) to provide suitable documents to enable the person to 19.2 establish a new identity or otherwise protect the person; 19.3 (2) to provide housing for the person; 19.4 (3) to provide for the transportation of household 19.5 furniture and other personal property to the person's new 19.6 residence; 19.7 (4) to provide the person with a payment to meet basic 19.8 living expenses for a time period the commissioner deems 19.9 necessary; 19.10 (5) to assist the person in obtaining employment; and 19.11 (6) to provide other services necessary to assist the 19.12 person in becoming self-sustaining. 19.13 (b) A county sheriff or the chief administrative officer of 19.14 a municipal police department may apply to the commissioner for 19.15 a grant for any of the purposes described in subdivision 1 on 19.16 forms and pursuant to procedures developed by the commissioner. 19.17 Sec. 33. Minnesota Statutes 1998, section 299C.065, 19.18 subdivision 2, is amended to read: 19.19 Subd. 2. [APPLICATION FOR GRANT.] A county sheriff or the 19.20 chief administrative officer of a municipal police department 19.21 may apply to the commissioner of public safety for a grant for 19.22 any of the purposes described in subdivision 1or 1a, on forms 19.23 and pursuant to procedures developed by the superintendent.For19.24grants under subdivision 1,The application shall describe the 19.25 type of intended criminal investigation, an estimate of the 19.26 amount of money required, and any other information the 19.27 superintendent deems necessary. 19.28 Sec. 34. Minnesota Statutes 1998, section 299C.065, 19.29 subdivision 3a, is amended to read: 19.30 Subd. 3a. [ACCOUNTING REPORT; DATA CLASSIFICATION.] (a) 19.31 The head of a law enforcement agency that receives a grant under 19.32 subdivision1a1 shall file a report with the commissioner at 19.33 the conclusion of the case detailing the specific purposes for 19.34 which the money was spent. The commissioner shall prepare and 19.35 submit to the chairs of the committees in the senate and house 19.36 of representatives with jurisdiction over criminal justice 20.1 policy by January 1 of each even-numbered year a summary report 20.2 of witness assistance services provided under this section. 20.3 (b) An application to the commissioner for money is a 20.4 confidential record. Information within investigative files 20.5 that identifies or could reasonably be used to ascertain the 20.6 identity of assisted witnesses is a confidential record. A 20.7 report at the conclusion of an investigation is a public record, 20.8 except that information in a report pertaining to the identity 20.9 or location of an assisted witness is private data. 20.10 Sec. 35. Minnesota Statutes 1998, section 299C.065, 20.11 subdivision 4, is amended to read: 20.12 Subd. 4. [DATA CLASSIFICATION.] An application to the 20.13 commissioner for money is a confidential record. Information 20.14 within investigative files that identifies or could reasonably 20.15 be used to ascertain the identity ofassisted witnesses,20.16 sources,or undercover investigators is a confidential record. 20.17 A report at the conclusion of an investigation is a public 20.18 record, except that information in a report pertaining to the20.19identity or location of an assisted witness is private data. 20.20 Sec. 36. Minnesota Statutes 1998, section 609.3241, is 20.21 amended to read: 20.22 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 20.23 When a court sentences an adult convicted of violating 20.24 section 609.322 or 609.324, while acting other than as a 20.25 prostitute, the court shall impose an assessment of not less 20.26 than $250 and not more than $500 for a violation of section 20.27 609.324, subdivision 2, or a misdemeanor violation of section 20.28 609.324, subdivision 3; otherwise the court shall impose an 20.29 assessment of not less than $500 and not more than $1,000. The 20.30 mandatory minimum portion of the assessment is to be used for 20.31 the purposes described in section 626.558, subdivision 2a, and 20.32 is in addition to the surcharge required by section 357.021, 20.33 subdivision 6. Any portion of the assessment imposed in excess 20.34 of the mandatory minimum amount shall be forwarded to the 20.35 general fund and is appropriated annually to the commissioner of 20.36correctionscrime victims and violence prevention. The 21.1 commissioner, with the assistance of the general crime victims 21.2 advisory council, shall use money received under this section 21.3 for grants to agencies that provide assistance to individuals 21.4 who have stopped or wish to stop engaging in prostitution. 21.5 Grant money may be used to provide these individuals with 21.6 medical care, child care, temporary housing, and educational 21.7 expenses. 21.8 Sec. 37. Minnesota Statutes 1998, section 609.531, 21.9 subdivision 1, is amended to read: 21.10 Subdivision 1. [DEFINITIONS.] For the purpose of sections 21.11 609.531 to 609.5318, the following terms have the meanings given 21.12 them. 21.13 (a) "Conveyance device" means a device used for 21.14 transportation and includes, but is not limited to, a motor 21.15 vehicle, trailer, snowmobile, airplane, and vessel and any 21.16 equipment attached to it. The term "conveyance device" does not 21.17 include property which is, in fact, itself stolen or taken in 21.18 violation of the law. 21.19 (b) "Weapon used" means a dangerous weapon as defined under 21.20 section 609.02, subdivision 6, that the actor used or had in 21.21 possession in furtherance of a crime. 21.22 (c) "Property" means property as defined in section 609.52, 21.23 subdivision 1, clause (1). 21.24 (d) "Contraband" means property which is illegal to possess 21.25 under Minnesota law. 21.26 (e) "Appropriate agency" means the bureau of criminal 21.27 apprehension, the Minnesota state patrol, a county sheriff's 21.28 department, the suburban Hennepin regional park district park 21.29 rangers, the department of natural resources division of 21.30 enforcement, the University of Minnesota police department,ora 21.31 city or airport police department, or the criminal gang strike 21.32 force described in section 299A.64. 21.33 (f) "Designated offense" includes: 21.34 (1) for weapons used: any violation of this chapter, 21.35 chapter 152, or chapter 624; 21.36 (2) for all other purposes: a felony violation of, or a 22.1 felony-level attempt or conspiracy to violate, section 325E.17; 22.2 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 22.3 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 22.4 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 22.5 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 22.6 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 22.7 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 22.8 609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 22.9 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 22.10 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 22.11 609.825; 609.86; 609.88; 609.89; 609.893; 617.246; or a gross 22.12 misdemeanor or felony violation of section 609.891 or 624.7181; 22.13 or any violation of section 609.324. 22.14 (g) "Controlled substance" has the meaning given in section 22.15 152.01, subdivision 4. 22.16 Sec. 38. Minnesota Statutes 1998, section 609.5315, is 22.17 amended by adding a subdivision to read: 22.18 Subd. 5b. [DISTRIBUTION OF MONEY; CRIMINAL GANG STRIKE 22.19 FORCE.] (a) The money or proceeds forwarded to the criminal gang 22.20 strike force under subdivision 5, clause (1), must be 22.21 administered by the criminal gang oversight council described in 22.22 section 299A.64. The council may use up to 50 percent of the 22.23 money or proceeds for expenses related to the operation of the 22.24 council and the strike force. The council shall forward a 22.25 minimum of 50 percent of the money or proceeds to the 22.26 commissioner of finance. The commissioner shall deposit the 22.27 money into the gang prevention and intervention account 22.28 described in section 611B.92. 22.29 (b) The council shall specify in its annual report required 22.30 in section 299A.64, subdivision 10, the amount of money received 22.31 under this subdivision and the amount forwarded under paragraph 22.32 (a). 22.33 Sec. 39. Minnesota Statutes 1998, section 609.605, 22.34 subdivision 2, is amended to read: 22.35 Subd. 2. [GROSS MISDEMEANOR.] Whoever trespasses upon the 22.36 grounds of a facility providing emergency shelter services for 23.1 battered women, as defined under section611A.31, subdivision 323.2 611B.01, or of a facility providing transitional housing for 23.3 battered women and their children, without claim of right or 23.4 consent of one who has right to give consent, and refuses to 23.5 depart from the grounds of the facility on demand of one who has 23.6 right to give consent, is guilty of a gross misdemeanor. 23.7 Sec. 40. Minnesota Statutes 1998, section 609.7495, 23.8 subdivision 1, is amended to read: 23.9 Subdivision 1. [DEFINITIONS.] For the purposes of this 23.10 section, the following terms have the meanings given them. 23.11 (a) "Facility" means any of the following: 23.12 (1) a hospital or other health institution licensed under 23.13 sections 144.50 to 144.56; 23.14 (2) a medical facility as defined in section 144.561; 23.15 (3) an agency, clinic, or office operated under the 23.16 direction of or under contract with the commissioner of health 23.17 or a community health board, as defined in section 145A.02; 23.18 (4) a facility providing counseling regarding options for 23.19 medical services or recovery from an addiction; 23.20 (5) a facility providing emergency shelter services for 23.21 battered women, as defined in section611A.31, subdivision 323.22 611B.01, or a facility providing transitional housing for 23.23 battered women and their children; 23.24 (6) a facility as defined in section 626.556, subdivision 23.25 2, paragraph (f); 23.26 (7) a facility as defined in section 626.5572, subdivision 23.27 6, where the services described in that paragraph are provided; 23.28 (8) a place to or from which ambulance service, as defined 23.29 in section 144E.001, is provided or sought to be provided; and 23.30 (9) a hospice program licensed under section 144A.48. 23.31 (b) "Aggrieved party" means a person whose access to or 23.32 egress from a facility is obstructed in violation of subdivision 23.33 2, or the facility. 23.34 Sec. 41. Minnesota Statutes 1998, section 611A.01, is 23.35 amended to read: 23.36 611A.01 [DEFINITIONS.] 24.1 For the purposes of sections 611A.01 to 611A.06: 24.2(a)(1) "crime" means conduct that is prohibited by local 24.3 ordinance and results in bodily harm to an individual; or 24.4 conduct that is included within the definition of "crime" in 24.5 section 609.02, subdivision 1, or would be included within that 24.6 definition but for the fact that (i) the person engaging in the 24.7 conduct lacked capacity to commit the crime under the laws of 24.8 this state, or (ii) the act was alleged or found to have been 24.9 committed by a juvenile; 24.10(b)(2) "victim" means a natural person who incurs loss or 24.11 harm as a result of a crime, including a good faith effort to 24.12 prevent a crime,and for purposes of sections 611A.04 and24.13611A.045, also includes (i) a corporation that incurs loss or24.14harm as a result of a crime, (ii) a government entity that24.15incurs loss or harm as a result of a crime, and (iii) any other24.16entity authorized to receive restitution under section 609.10 or24.17609.125. Ifor, if the victim is a natural person and is 24.18 deceased, "victim" means the deceased's surviving spouse or next 24.19 of kin; and 24.20(c)(3) "juvenile" has the same meaning as given to the 24.21 term "child" in section 260.015, subdivision 2. 24.22 Sec. 42. Minnesota Statutes 1998, section 611A.02, 24.23 subdivision 2, is amended to read: 24.24 Subd. 2. [VICTIMS' RIGHTS.] (a) The crime victim and 24.25 witness advisory council shall develop two model notices of the 24.26 rights of crime victims. 24.27 (b) The initial notice of the rights of crime victims must 24.28 be distributed by a peace officer to each victim, as defined in24.29section 611A.01,at the time of initial contact with the 24.30 victim. The notice must inform a victim of: 24.31 (1) the victim's right to apply for reparations to cover 24.32 losses, not including property losses, resulting from a violent 24.33 crime and the telephone number to call to request an 24.34 application; 24.35 (2) the victim's right to request that the law enforcement 24.36 agency withhold public access to data revealing the victim's 25.1 identity under section 13.82, subdivision 10, paragraph (d); 25.2 (3) the additional rights of domestic abuse victims as 25.3 described in section 629.341; 25.4 (4) information on the nearest crime victim assistance 25.5 program or resource; and 25.6 (5) the victim's rights, if an offender is charged, to be 25.7 informed of and participate in the prosecution process, 25.8 including the right to request restitution. 25.9 (c) A supplemental notice of the rights of crime victims 25.10 must be distributed by the city or county attorney's office to 25.11 each victim, within a reasonable time after the offender is 25.12 charged or petitioned. This notice must inform a victim of all 25.13 the rights of crime victims under this chapter. 25.14 Sec. 43. Minnesota Statutes 1998, section 611A.0311, 25.15 subdivision 3, is amended to read: 25.16 Subd. 3. [NOTICE FILED WITH DEPARTMENTOF PUBLIC SAFETY.] 25.17 Each city and county attorney shall file a notice that a 25.18 prosecution plan has been adopted with the commissioner of 25.19 public safety by June 1, 1994. Prosecution plans shall be kept 25.20 on file with the department. The commissioner, in consultation 25.21 with the battered women advisory council, shall evaluate the 25.22 effectiveness of the prosecution plan pilot program. 25.23 Sec. 44. Minnesota Statutes 1998, section 611A.07, 25.24 subdivision 1, is amended to read: 25.25 Subdivision 1. [GENERALLY.] The commissioner of 25.26 corrections, after considering the recommendations of the 25.27 battered women advisory council and the sexual assault advisory 25.28 council, and in collaboration with thecommissioner25.29 commissioners of public safety and crime victims and violence 25.30 prevention, shall adopt standards governing electronic 25.31 monitoring devices used to protect victims of domestic abuse. 25.32 In developing proposed standards, the commissioner shall 25.33 consider the experience of the courts in the tenth judicial 25.34 district in the use of the devices to protect victims of 25.35 domestic abuse. These standardsshallmust promote the safety 25.36 of the victim andshallmust include measures to avoid the 26.1 disparate use of the device with communities of color, product 26.2 standards, monitoring agency standards, and victim disclosure 26.3 standards. 26.4 Sec. 45. [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 26.5 The commissioner shall consider recommendations of the 26.6 appropriate advisory council before awarding grants or adopting 26.7 rules, policies, or procedures regarding the planning, 26.8 development, data collection, funding, or evaluation of programs 26.9 and services for victims. Notification of grant award decisions 26.10 must be given to the advisory council in time to allow the 26.11 council to request reconsideration. 26.12 Sec. 46. [611A.205] [CONFLICTS OF INTEREST.] 26.13 A member of a grant review panel for the department shall 26.14 be excluded from participating in all aspects of grant review 26.15 and recommendations concerning a grant application and any grant 26.16 applications in the corresponding competitive category if the 26.17 member: 26.18 (1) serves or has served at any time during the past three 26.19 years as an employee, volunteer, paid consultant, or governing 26.20 board member of an organization whose application is being 26.21 reviewed; 26.22 (2) has a financial interest in the funding of the 26.23 applicant organization; or 26.24 (3) has a relative, spouse, or partner affiliated with an 26.25 applicant organization or project. 26.26 Any staff member with a conflict of interest may take part 26.27 in the overall review process but may not rate or take part in 26.28 discussions about funding for the program for which they have a 26.29 conflict of interest. 26.30 Sec. 47. [611A.206] [DUTIES OF GRANTEES.] 26.31 Every public or private nonprofit agency and tribal 26.32 government which receives a grant from the department to provide 26.33 direct advocacy services shall comply with all rules, policies, 26.34 and procedures of the department related to the administration 26.35 of the programs. 26.36 Sec. 48. [611A.225] [SEXUAL ASSAULT PROGRAMS.] 27.1 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 27.2 consultation with the sexual assault advisory council, shall 27.3 award grants-in-aid to programs which provide direct advocacy, 27.4 support services, community education, professional training, 27.5 and systems change activities. In addition to administering 27.6 grants-in-aid to programs, the commissioner shall also award 27.7 grants for resources, training, and technical assistance to 27.8 improve the response of law enforcement, prosecutors, the 27.9 criminal justice system, medical providers, and other community 27.10 agencies or organizations which interact with sexual assault 27.11 victims; to develop and implement educational programs to 27.12 increase public awareness of the nature, scope, and root causes 27.13 of sexual violence and the dynamics of victimization; to develop 27.14 the capacity of programs to meet the needs of sexual assault 27.15 victims; and to develop and implement sexual assault prevention 27.16 initiatives. 27.17 Subd. 2. [APPLICATIONS.] Public or private nonprofit 27.18 agencies and tribal governments may apply to the commissioner 27.19 for a grant to provide direct advocacy services. The 27.20 application shall be submitted in a form approved by the 27.21 commissioner, after consultation with the advisory council, and 27.22 shall include: 27.23 (1) a proposal for the provision of services as requested 27.24 in the application; 27.25 (2) a proposed budget; 27.26 (3) evidence of an ability to integrate into the proposed 27.27 program the uniform method of data collection and program 27.28 evaluation; 27.29 (4) evidence of an ability to represent the interests of 27.30 victims of sexual assault to local law enforcement agencies, 27.31 courts, and other public and private community agencies; 27.32 (5) evidence of an ability to do outreach to unserved and 27.33 underserved populations and to provide culturally and 27.34 linguistically appropriate services; and 27.35 (6) any other content the commissioner may require after 27.36 considering the recommendations of the advisory council. 28.1 Sec. 49. Minnesota Statutes 1998, section 611A.25, is 28.2 amended to read: 28.3 611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 28.4 Subdivision 1. [CREATION.] The commissionerof corrections28.5 shall appoint a 12-member advisory council on sexual assault to 28.6 advise the commissioner on the implementation and continued 28.7 operation ofsections 611A.21 and 611A.221section 611A.225. 28.8 The sexual assault advisory council shall also serve as a 28.9 liaison between the commissioner and organizations that provide 28.10 services to victims of sexual assault, and as an advocatewithin28.11the department of correctionsfor the rights of sexual assault 28.12 victims. 28.13 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 28.14 knowledgeable about and have experience or interest in issues 28.15 concerning victims of sexual assault, including the need for 28.16 effective advocacy services. The membership of the council 28.17 shall represent the interests of sexual assault victims in 28.18 Minnesota. No more than six of the members of the sexual 28.19 assault advisory council may be representatives of community or 28.20 governmental organizations that provide services to sexual 28.21 assault victims. One-half of the council's members shall reside 28.22 in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 28.23 Dakota, Scott, Washington, and Carver counties, and one-half of 28.24 the members shall reside in the nonmetropolitan area. To the 28.25 extent possible, nonmetropolitan members must be representative 28.26 of all nonmetropolitan regions of the state. To the extent 28.27 possible, council membership must reflect diversity with regard 28.28 to age, ethnicity, gender, sexual orientation, and disabilities. 28.29 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 28.30 governs the filling of vacancies and removal of members of the 28.31 sexual assault advisory council. The terms of the members of 28.32 the advisory council shall be two years. No member may serve on 28.33 the advisory council for more than two consecutive terms. The 28.34 council expires on June 30, 2001. Council members shall receive 28.35 expense reimbursement as specified in section 15.059. 28.36 Subd. 5. [DUTIES.] The advisory council shall: 29.1 (1) advise the commissioner on all planning, development, 29.2 data collection, rulemaking, funding, and evaluation of programs 29.3 and services for victims of sexual assault that are funded under 29.4 section 611A.225 other than matters of a purely administrative 29.5 nature; 29.6 (2) advise the commissioner on rules adopted under chapter 29.7 14 pursuant to section 611A.225; 29.8 (3) review applications received by the commissioner for 29.9 grants under section 611A.225 and make recommendations on the 29.10 awarding of grants; and 29.11 (4) advise the program manager in performance of duties in 29.12 the administration and coordination of the programs funded under 29.13 section 611A.225. 29.14 Subd. 6. [SEXUAL ASSAULT PROGRAM MANAGER.] The 29.15 commissioner shall appoint, with the advice of the advisory 29.16 council, a program manager who shall aid the council in the 29.17 performance of its duties. The program manager shall administer 29.18 the funds appropriated for section 611A.225, consult with and 29.19 provide staff to the sexual assault advisory council, and 29.20 perform other duties related to sexual assault programs as the 29.21 commissioner may assign. The sexual assault program manager 29.22 shall work with the battered women program manager to provide 29.23 staff to the planning committee for federal Violence Against 29.24 Women Act funds and to perform other duties related to the 29.25 violence against women programming as the commissioner may 29.26 assign. The sexual assault program manager shall serve at the 29.27 pleasure of the commissioner in the unclassified service. 29.28 Sec. 50. Minnesota Statutes 1998, section 611A.32, is 29.29 amended to read: 29.30 611A.32 [BATTERED WOMEN PROGRAMS.] 29.31 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 29.32 consultation with the battered women advisory council, shall 29.33 award grants to programs which provide emergency shelter 29.34 services and support services to battered women and their 29.35 children. The commissioner shall also award grants for 29.36 training, technical assistance, and for the development and 30.1 implementation of education programs to increase public 30.2 awareness of the causes of battering, the solutions to 30.3 preventing and ending domestic violence, and the problems faced 30.4 by battered women. Grants shall be awarded in a manner that 30.5 ensures that they are equitably distributed to programs serving 30.6 metropolitan and nonmetropolitan populations. By July 1, 1995, 30.7 community-based domestic abuse advocacy and support services 30.8 programs must be established in every judicial assignment 30.9 district. 30.10 Subd. 1a. [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 30.11 commissioner shall establish at least one program under this 30.12 section to provide emergency shelter services and support 30.13 services to battered American Indian women. The commissioner 30.14 shall grant continuing operating expenses to the program 30.15 established under this subdivision in the same manner as 30.16 operating expenses are granted to programs established under 30.17 subdivision 1. 30.18 Subd. 2. [APPLICATIONS.]AnyPublic or private 30.19 nonprofitagencyagencies and tribal governments may apply to 30.20 the commissioner for a grant to provide emergency shelter 30.21 services, support services, or both, to battered women and their 30.22 children. The application shall be submitted in a form approved 30.23 by the commissionerby rule adopted under chapter 14, after 30.24 consultation with the advisory council, and shall include: 30.25 (1) a proposal for the provision of emergency shelter 30.26 services, support services, or both, for battered women and 30.27 their children; 30.28 (2) a proposed budget; 30.29 (3) evidence of an ability to integrate into the proposed 30.30 program the uniform method of data collection and program 30.31 evaluation established undersections 611A.33 andsection 30.32 611A.34; 30.33 (4) evidence of an ability to represent the interests of 30.34 battered women and their children to local law enforcement 30.35 agencies and courts, county welfare agencies, and local boards 30.36 or departments of health; 31.1 (5) evidence of an ability to do outreach to unserved and 31.2 underserved populations and to provide culturally and 31.3 linguistically appropriate services; and 31.4 (6) any other content the commissioner may requireby rule31.5adopted under chapter 14,after considering the recommendations 31.6 of the advisory council. 31.7 Programs which have been approved for grants in prior years 31.8 may submit materials which indicate changes in items listed in 31.9 clauses (1) to (6), in order to qualify for renewal funding. 31.10 Nothing in this subdivision may be construed to require programs 31.11 to submit complete applications for each year of renewal funding. 31.12Subd. 3. [DUTIES OF GRANTEES.] Every public or private31.13nonprofit agency which receives a grant to provide emergency31.14shelter services and support services to battered women shall31.15comply with all rules of the commissioner related to the31.16administration of the pilot programs.31.17 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 31.18 Personal history information and other information collected, 31.19 used or maintained by a grantee from which the identity of any 31.20 battered woman may be determined is private data on individuals, 31.21 as defined in section 13.02, subdivision 12, and the grantee 31.22 shall maintain the data in accordance with the provisions of 31.23 chapter 13. 31.24 Sec. 51. Minnesota Statutes 1998, section 611A.34, is 31.25 amended to read: 31.26 611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 31.27 Subdivision 1. [GENERALLY.] The commissioner shall appoint 31.28 a 12-member advisory council to advise the commissioner on the 31.29 implementation and continued operation of sections611A.3131.30 611A.32 to 611A.36. The batteredwomen'swomen advisory council 31.31 shall also serve as a liaison between the commissioner and 31.32 organizations that provide services to battered women and as an 31.33 advocate for the rights of victims of domestic violence. 31.34 Section 15.059 governs the filling of vacancies and removal of 31.35 members of the advisory council. The terms of the members of 31.36 the advisory council shall be two years. No member may serve on 32.1 the advisory council for more than two consecutive 32.2 terms.Notwithstanding section 15.059,The councilshall not32.3expireexpires June 30, 2001. Council members shall not receive 32.4 per diem,but shall receiveexpenses in the same manner and32.5amount as state employeesexpense reimbursement as specified in 32.6 section 15.059. 32.7 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 32.8 knowledgeable about and have experience or interest in issues 32.9 concerning battered women, including the need for effective 32.10 advocacy services. The membership of the council shall broadly 32.11 represent the interests of battered women in Minnesota. No more 32.12 than six of the members of the batteredwomen'swomen advisory 32.13 council may be representatives of community or governmental 32.14 organizations that provide services to battered women. One-half 32.15 of the council's members shall reside in the metropolitan area, 32.16 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 32.17 and Carver counties, and one-half of the members shall reside in 32.18 the nonmetropolitan area. To the extent possible, 32.19 nonmetropolitan members must be representative of all 32.20 nonmetropolitan regions of the state. To the extent possible, 32.21 council membership must reflect diversity with regard to age, 32.22 gender, ethnicity, sexual orientation, and disabilities. 32.23 Subd. 2a. [TERMS, VACANCIES; EXPENSES.] Section 15.059 32.24 governs the filling of vacancies and removal of members of the 32.25 battered women advisory council. The terms of the members of 32.26 the advisory council shall be two years. No member may serve on 32.27 the advisory council for more than two consecutive terms. 32.28 Subd. 3. [DUTIES.] The advisory council shall: 32.29 (1) advise the commissioner on all planning, development, 32.30 data collection, rulemaking, funding, and evaluation of programs 32.31 and services for battered women that are funded under section 32.32 611A.32, other than matters of a purely administrative nature; 32.33 (2) advise the commissioner on the adoption of rules under 32.34 chapter 14 governing the award of grants to ensure that funded 32.35 programs are consistent with section 611A.32, subdivision 1; 32.36 (3)recommend to the commissioner the names of five33.1applicants for the position of battered women's program33.2director;33.3(4)advise the commissioner on the rules adopted under 33.4 chapter 14 pursuant to section611A.33611B.03; 33.5(5)(4) review applications received by the commissioner 33.6 for grants under section 611A.32 and make recommendations on the 33.7 awarding of grants; and 33.8(6)(5) advise the programdirectormanager in the 33.9 performance of duties in the administration and coordination of 33.10 the programs funded under section 611A.32. 33.11Subd. 4. [CONFLICTS OF INTEREST.] A member of the advisory33.12council shall be excluded from participating in review and33.13recommendations concerning a grant application if the member:33.14(1) serves or has served at any time during the past three33.15years as an employee, volunteer, or governing board member of an33.16organization whose application is being reviewed; or33.17(2) has a financial interest in the funding of the33.18applicant organization.33.19 Sec. 52. Minnesota Statutes 1998, section 611A.35, is 33.20 amended to read: 33.21 611A.35 [BATTERED WOMEN PROGRAMDIRECTORMANAGER.] 33.22 The commissioner shall appoint, with the advice of the 33.23 advisory council, a programdirectormanager who shall aid the 33.24 council in the performance of its duties.In appointing the33.25program director the commissioner shall give due consideration33.26to the list of applicants submitted to the commissioner pursuant33.27to section 611A.34, subdivision 3, clause (3).The program 33.28directormanager shall administer the funds appropriated for 33.29 sections611A.31611A.32 to 611A.36, consult with and provide 33.30 staff to the advisory council, and perform other duties related 33.31 to battered women's programs as the commissioner may assign. 33.32 The programdirectormanager shall serve at the pleasure of the 33.33 commissioner in the unclassified service. 33.34 Sec. 53. Minnesota Statutes 1998, section 611A.36, 33.35 subdivision 1, is amended to read: 33.36 Subdivision 1. [FORM PRESCRIBED.] The commissioner shall, 34.1 by rule adopted under chapter 14, after considering the 34.2 recommendations of the advisory council, prescribe a uniform 34.3 form and method for the collection of data on battered women. 34.4 The method and form of data collection shall be designed to 34.5 document the incidence of assault on battered womenas defined34.6in section 611A.31, subdivision 2. All data collected by the 34.7 commissioner pursuant to this section shall be summary data 34.8 within the meaning of section 13.02, subdivision 19. 34.9 Sec. 54. Minnesota Statutes 1998, section 611A.361, is 34.10 amended to read: 34.11 611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 34.12 Subdivision 1. [CREATION.] The commissionerof corrections34.13 shall appoint a 12-member advisory council on general crime 34.14 victims to advise the commissioner on the implementation and 34.15 continued operation of chapter 611A with respect to victims of 34.16 crimes other than sexual assault and domestic abuse and child 34.17 abuse. The general crime victims advisory council shall also 34.18 serve as a liaison between the commissioner and organizations 34.19 that provide services to victims of general crime,and as an 34.20 advocatewithin the department of correctionsfor the rights of 34.21 general crime victims. The general crime victims advisory 34.22 council shall also administer the emergency fund grant program 34.23 described in section 611A.675 which shall be open to applicants 34.24 from all crime areas. 34.25 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 34.26 knowledgeable about and have experience or interest in issues 34.27 concerning general crime victims, including the need for 34.28 effective advocacy services. The membership of the council 34.29 shall represent the interests of general crime victims in 34.30 Minnesota. No more than six of the members of the general crime 34.31 victims advisory council may be representatives of community or 34.32 governmental organizations that provide services to crime 34.33 victims. One-half of the council's members shall reside in the 34.34 metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 34.35 Scott, Washington, and Carver counties, and one-half of the 34.36 members shall reside in the nonmetropolitan area. To the extent 35.1 possible, nonmetropolitan members must be representative of all 35.2 nonmetropolitan regions of the state. To the extent possible, 35.3 council membership must reflect diversity with regard to age, 35.4 ethnicity, gender, sexual orientation, and disabilities. 35.5 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 35.6 governs the filling of vacancies and removal of members of the 35.7 general crime victims advisory council. The terms of the 35.8 members of the advisory council shall be two years. No member 35.9 may serve on the advisory council for more than two consecutive 35.10 terms. The council expires on June 30, 2001. Council members 35.11 shall receive expense reimbursement as specified in section 35.12 15.059. 35.13 Subd. 5. [PROGRAM MANAGER.] The commissioner shall 35.14 appoint, with the advice of the advisory council, a program 35.15 manager for the council who shall aid the council in the 35.16 performance of its duties. The program manager shall serve at 35.17 the pleasure of the commissioner in the unclassified service. 35.18 Sec. 55. [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 35.19 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 35.20 consultation with the general crime victims advisory council, 35.21 shall award grants-in-aid to programs which provide direct 35.22 advocacy services, community education, professional training, 35.23 and systems change activities for general crime victims. In 35.24 addition to administering grants-in-aid to programs, the 35.25 commissioner shall also award grants for resources, training, 35.26 and technical assistance to improve the response of law 35.27 enforcement, prosecutors, the criminal justice system, medical 35.28 providers, and other community agencies or organizations which 35.29 interact with general crime victims; to develop and implement 35.30 educational programs to increase public awareness of the nature, 35.31 scope, and root causes of violence and victim experience; to 35.32 develop the capacity of programs to meet the needs of general 35.33 crime victims; and to develop and implement general crime 35.34 prevention initiatives. 35.35 Subd. 2. [APPLICATIONS.] Public or private nonprofit 35.36 agencies and tribal governments may apply to the commissioner 36.1 for a grant to provide direct advocacy services, community 36.2 education, and professional training or systems change 36.3 activities for victims of general crime. The application shall 36.4 be submitted in a form approved by the commissioner, after 36.5 consultation with the advisory council, and shall include: 36.6 (1) a proposal for the provision of services as requested 36.7 in the application; 36.8 (2) a proposed budget; 36.9 (3) evidence of an ability to integrate into the proposed 36.10 program the uniform method of data collection and program 36.11 evaluation; 36.12 (4) evidence of an ability to represent the interests of 36.13 victims of general crime to local law enforcement agencies, 36.14 courts, and other public and private community agencies; 36.15 (5) evidence of an ability to do outreach to unserved and 36.16 underserved populations and to provide culturally and 36.17 linguistically appropriate services; and 36.18 (6) any other content the commissioner may require after 36.19 considering the recommendations of the advisory council. 36.20 Sec. 56. Minnesota Statutes 1998, section 611A.55, is 36.21 amended to read: 36.22 611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 36.23 Subdivision 1. [CREATION.] There is created in the 36.24 departmentof public safety, for budgetary and administrative 36.25 purposes, the crime victims reparations board, which shall 36.26 consist of five members appointed by the commissionerof public36.27safety and selected from among the membership of the crime36.28victim and witness advisory council created in section 611A.71. 36.29 One of the members shall be designated as chair by the 36.30 commissionerof public safetyand serve as such at the 36.31 commissioner's pleasure. At least one member shall be a medical 36.32 or osteopathic physician licensed to practice in this state, and 36.33 at least one member shall be a victim, as defined in section 36.34 611A.01. To the extent possible, board membership must reflect 36.35 diversity with regard to age, ethnicity, gender, sexual 36.36 orientation, and disabilities. 37.1 Subd. 2. [TERMS, COMPENSATION, REMOVAL.] The membership 37.2 terms, compensation, removal of members, and filling of 37.3 vacancies on the board shall be as provided in section 15.0575. 37.4 Members of the board who are also members ofthe crime victim37.5and witnessan advisory councilcreated in section 611A.71of 37.6 the department shall not be compensated while performing duties 37.7 for the advisory council. 37.8 Subd. 3. [PART TIME.] Members of the board shall serve 37.9 part time. 37.10 Subd. 4. [PROGRAM MANAGER.] The commissioner shall appoint 37.11 a program manager who shall administer the funds appropriated 37.12 for sections 611A.51 to 611A.67, consult with and provide staff 37.13 to the reparations board, and perform other duties related to 37.14 reparations as the commissioner may assign. The program manager 37.15 shall serve at the pleasure of the commissioner in the 37.16 unclassified service. 37.17 Sec. 57. Minnesota Statutes 1998, section 611A.57, 37.18 subdivision 3, is amended to read: 37.19 Subd. 3. [CLAIM DECISION.] Theboard executive director37.20 reparations program manager may decide the claim in favor of a 37.21 claimant in the amount claimed on the basis of the papers filed 37.22 in support of it and the report of the investigation of such 37.23 claim. If unable to decide the claim upon the basis of the 37.24 papers and any report of investigation, theboard executive37.25directormanager shall discuss the matter with other members of 37.26 the board present at a board meeting. After discussion the 37.27 board shall vote on whether to grant or deny the claim or 37.28 whether further investigation is necessary. A decision granting 37.29 or denying the claim shall then be issued by theexecutive37.30directormanager. 37.31 Sec. 58. Minnesota Statutes 1998, section 611A.612, is 37.32 amended to read: 37.33 611A.612 [CRIME VICTIMS ACCOUNT.] 37.34 A crime victim account is established as a special account 37.35 in the state treasury. Amounts collected by the state under 37.36 section 611A.61 or paid to the crime victims reparations board 38.1 under section 611A.04, subdivision 1a, shall be credited to this 38.2 account. Money credited to this account is annually 38.3 appropriated to the departmentof public safetyfor use for 38.4 crime victim reparations under sections 611A.51 to 611A.67. 38.5 Sec. 59. Minnesota Statutes 1998, section 611A.675, 38.6 subdivision 1, is amended to read: 38.7 Subdivision 1. [GRANTS AUTHORIZED.] The general crime 38.8victim and witnessvictims advisory council shall make grants to 38.9 prosecutors and victim assistance programs for the purpose of 38.10 providing emergency assistance to victims. As used in this 38.11 section, "emergency assistance" includes but is not limited to: 38.12 (1) replacement of necessary property that was lost, 38.13 damaged, or stolen as a result of the crime; 38.14 (2) purchase and installation of necessary home security 38.15 devices; 38.16 (3) transportation to locations related to the victim's 38.17 needs as a victim, such as medical facilities and facilities of 38.18 the criminal justice system; 38.19 (4) cleanup of the crime scene; and 38.20 (5) reimbursement for reasonable travel and living expenses 38.21 the victim incurred to attend court proceedings that were held 38.22 at a location other than the place where the crime occurred due 38.23 to a change of venue. 38.24 Sec. 60. Minnesota Statutes 1998, section 611A.71, is 38.25 amended to read: 38.26 611A.71 [COUNCIL; ESTABLISHMENT.] 38.27 Subdivision 1. [CREATION.] The Minnesota crime victim and 38.28 witness advisory council is established and shall consist of 16 38.29 members. 38.30 Subd. 2. [MEMBERSHIP.] (a) The crime victim and witness 38.31 advisory council shall consist of the following members, 38.32 appointed by the commissionerof public safety after consulting38.33with the commissioner of corrections: 38.34 (1) one district court judge appointed upon recommendation 38.35 of the chief justice of the supreme court; 38.36 (2) one county attorney appointed upon recommendation of 39.1 the Minnesota county attorneys association; 39.2 (3) one public defender appointed upon recommendation of 39.3 the state public defender; 39.4 (4) one peace officer; 39.5 (5) one medical or osteopathic physician licensed to 39.6 practice in this state; 39.7 (6) five members who are crime victims or crime victim 39.8 assistance representatives; 39.9 (7) three public members; and 39.10 (8) one member appointed on recommendation of the Minnesota 39.11 general crime victim coalition. 39.12 To the extent possible, the appointments should take into 39.13 accountsexage, gender, sexual orientation, race, disabilities, 39.14 and geographic distribution.No more than seven of the members39.15appointed under this paragraph may be of one gender.One of the 39.16 nonlegislative members must be designated by the commissionerof39.17public safetyas chair of the council. 39.18 (b) Two members of the council shall be members of the 39.19 legislature who have demonstrated expertise and interest in 39.20 crime victims issues, one senator appointed under rules of the 39.21 senate and one member of the house of representatives appointed 39.22 under rules of the house of representatives. 39.23 Subd. 3. [TERMS OF OFFICE.] Section 15.059 governs the 39.24 terms of office, filling of vacancies, and removal of members of 39.25 the crime victim and witness advisory council. Members are 39.26 eligible for reappointment and appointment may be made to fill 39.27 an unexpired term. The members of the council shall elect any 39.28 additional officers necessary for the efficient discharge of 39.29 their duties. 39.30 Subd. 4. [COMPENSATION.] Each member of the council shall 39.31 serve without compensation. However, members of the council 39.32 shall receiveexpenses in the same manner and amount as provided39.33in the commissioner's plan under section 43A.18, subdivision 2;39.34provided that payments for expenses incurred must be paid from39.35the existing appropriation for the administrative portion of the39.36operating budget for the crime victims reparations40.1activityexpense reimbursement as specified in section 15.059. 40.2 Subd. 5. [DUTIES.] The council shall: 40.3 (1) review on a regular basis the treatment of victims by 40.4 the criminal justice system and the need and availability of 40.5 services to victims; 40.6 (2)advise the agency designated by the governor to apply40.7for victim assistance program grants under chapter 14 of Public40.8Law Number 98-473, in the coordination and allocation of federal40.9funds for crime victims assistance programs;40.10(3)advocate necessary changes and monitor victim-related 40.11 legislation; 40.12(4)(3) provide information, training, and technical 40.13 assistance to state and local agencies and groups involved in 40.14 victim and witness assistance; 40.15(5)(4) serve as a clearinghouse for information concerning 40.16 victim and witness programs; 40.17(6)(5) develop guidelines for the implementation of victim 40.18 and witness assistance programs and aid in the creation and 40.19 development of programs; 40.20(7)(6) coordinate the development and implementation of 40.21 policies and guidelines for the treatment of victims and 40.22 witnesses, and the delivery of services to them; and 40.23(8)(7) develop ongoing public awareness efforts and 40.24 programs to assist victims; and40.25(9) administer the grant program described in section40.26611A.675. 40.27 Subd. 6. [EXECUTIVE DIRECTORPROGRAM MANAGER.] The 40.28 commissionerof public safetyshall, with the advice of the 40.29 advisory council, select and employan executive directora 40.30 program manager for the council who shallserve in the40.31unclassified service at the pleasure of the commissioner and40.32shallaid the council in the performance of its duties under 40.33 subdivision 5 andsupervise the administration of the Crime40.34Victims Reparations Actmanage the department's communications, 40.35 training, and research unit. 40.36 Subd. 7. [EXPIRATION.] The council expires on June 30, 41.1 2001. 41.2 Sec. 61. Minnesota Statutes 1998, section 611A.74, 41.3 subdivision 1a, is amended to read: 41.4 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may 41.5 appoint employees necessary to discharge responsibilities of the 41.6 office. The ombudsman may delegate to staff members any of the 41.7 ombudsman's authority or duties except the duties of formally 41.8 making recommendations to appropriate authorities and reports to 41.9 the office of the governor or to the legislature. 41.10 (b) The commissionerof public safetyshall provide office 41.11 space and administrative support services to the ombudsman and 41.12 the ombudsman's staff. 41.13 (c) The crime victim ombudsman shall report to the 41.14 legislature biennially on the activities of the crime victim 41.15 ombudsman. 41.16 Sec. 62. Minnesota Statutes 1998, section 611A.76, is 41.17 amended to read: 41.18 611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 41.19 Thecommissioner of public safetyoffice of the crime 41.20 victim ombudsman shall operate at least one statewide toll-free 41.21 24-hour telephone line for the purpose of providing crime 41.22 victims with referrals for victim services and resources. 41.23 Sec. 63. Minnesota Statutes 1998, section 611A.77, 41.24 subdivision 1, is amended to read: 41.25 Subdivision 1. [GRANTSDEFINITIONS.]The state court41.26administrator shall award grants to nonprofit organizations to41.27create or expand mediation programs for crime victims and41.28offenders.For purposes of this section,: 41.29 (1) "offender" means an adult charged with a nonviolent 41.30 crime or a juvenile who has been referred to a mediation program 41.31 before or after a petition for delinquency has been filed in 41.32 connection with a nonviolent offense,; and 41.33 (2) "nonviolent crime" and "nonviolent offense" exclude any 41.34 offense in which the victim is a family or household member, as 41.35 defined in section 518B.01, subdivision 2. 41.36 Sec. 64. Minnesota Statutes 1998, section 611A.77, 42.1 subdivision 2, is amended to read: 42.2 Subd. 2. [PROGRAMS.] Thestate court administrator42.3 commissioner shall award grants to nonprofit organizations to 42.4 create or expand mediation programs for crime victims and 42.5 offenders. The grants must further the following goals: 42.6 (1) to expand existing mediation programs for crime victims 42.7 and juvenile offenders to also include adult offenders; 42.8 (2) to initiate victim-offender mediation programs in areas 42.9 that have no victim-offender mediation programs; 42.10 (3) to expand the opportunities for crime victims to be 42.11 involved in the criminal justice process; 42.12 (4) to evaluate the effectiveness of victim-offender 42.13 mediation programs in reducing recidivism and encouraging the 42.14 payment of court-ordered restitution; and 42.15 (5) to evaluate the satisfaction of victims who participate 42.16 in the mediation programs. 42.17 Sec. 65. [611B.01] [DEFINITIONS.] 42.18 Subdivision 1. [APPLICABILITY.] As used in this chapter, 42.19 unless the context clearly indicates otherwise, the following 42.20 terms have the meanings given. 42.21 Subd. 2. [ADVOCACY.] "Advocacy" means action taken on 42.22 behalf of a victim in accordance with the self-defined needs of 42.23 the victim. 42.24 Subd. 3. [ADVOCACY PROGRAMS.] "Advocacy programs" include 42.25 programs that act on behalf of victims and provide an array of 42.26 services including, but not limited to, support services, 42.27 community education and professional training, and systems 42.28 change activities. 42.29 Subd. 4. [BATTERED WOMAN OR BATTERED WOMEN.] "Battered 42.30 woman" or "battered women" means a woman or women who are being 42.31 or have been victimized by domestic abuse as defined in section 42.32 518B.01, subdivision 2. 42.33 Subd. 5. [COMMISSIONER.] "Commissioner" means the 42.34 commissioner of crime victims and violence prevention. 42.35 Subd. 6. [COMMUNITY EDUCATION AND PROFESSIONAL 42.36 TRAINING.] "Community education and professional training" 43.1 includes, but is not limited to, training on sexual violence, 43.2 battering and domestic violence, or general crime victims; 43.3 ongoing direct supervision and training for all paid and unpaid 43.4 advocacy program staff; community education about victim needs; 43.5 the nature, scope, and root causes of victimization, and about 43.6 the availability of advocacy programs; and responding to the 43.7 training needs of the public, criminal justice system 43.8 professionals, and other community agencies and organizations. 43.9 Subd. 7. [CRIME.] "Crime" has the meaning given in section 43.10 611A.01. 43.11 Subd. 8. [DEPARTMENT.] "Department" means the department 43.12 of crime victims and violence prevention. 43.13 Subd. 9. [EMERGENCY SHELTER SERVICES.] "Emergency shelter 43.14 services" includes, but are not limited to, secure crisis 43.15 shelters for battered women and housing networks for battered 43.16 women. 43.17 Subd. 10. [GENERAL CRIME.] "General crime" means any crime 43.18 which is not already included in the definitions of sexual 43.19 assault, battered women, or abused children. 43.20 Subd. 11. [JUVENILE.] "Juvenile" has the same meaning 43.21 given to the term "child" in section 260.015, subdivision 2. 43.22 Subd. 12. [SEXUAL ASSAULT.] "Sexual assault" means any act 43.23 of sexual violence including, but not limited to, acts falling 43.24 under criminal sexual conduct as defined in sections 609.342 to 43.25 609.3451, and other civil and criminal violations which involve 43.26 nonconsensual verbal or physical sexual activity or sexual 43.27 exploitation. 43.28 Subd. 13. [SUPPORT SERVICES.] "Support services" includes, 43.29 but is not limited to, counseling, transportation, child care, 43.30 24-hour information and referral, and accompaniment during 43.31 contacts with criminal justice and human services agencies; 43.32 consultations with other organizations regarding specific cases; 43.33 safe housing; assistance with accessing crime victim 43.34 compensation; assistance in pursuing civil, criminal, and family 43.35 court remedies; and access to support groups or informal group 43.36 activities. 44.1 Subd. 14. [SYSTEMS CHANGE.] "Systems change" includes, but 44.2 is not limited to, protocol and policy development to improve 44.3 the systems and community responsiveness to the needs of 44.4 survivors of sexual violence, battered women, or general crime 44.5 victims, and to initiate and participate in prevention. 44.6 Subd. 15. [VICTIM.] "Victim" means a natural person who 44.7 incurs loss or harm as a result of a crime, including a good 44.8 faith effort to prevent a crime, and for purposes of sections 44.9 611A.04 and 611A.045, also includes (1) a corporation that 44.10 incurs loss or harm as a result of a crime, (2) a government 44.11 entity that incurs loss or harm as a result of a crime, and (3) 44.12 any other entity authorized to receive restitution under section 44.13 609.10 or 609.125. If the victim is a natural person and is 44.14 deceased, victim means the deceased's surviving spouse or next 44.15 of kin. 44.16 Sec. 66. [611B.02] [DEPARTMENT OF CRIME VICTIMS AND 44.17 VIOLENCE PREVENTION; ORGANIZATION.] 44.18 The department of crime victims and violence prevention is 44.19 an agency in the executive branch under the administrative 44.20 control of a commissioner appointed by the governor with the 44.21 advice and consent of the senate. The commissioner may appoint 44.22 two deputy commissioners. The commissioner has the general 44.23 powers provided in section 15.06, subdivision 6. 44.24 Sec. 67. [611B.03] [COMMISSIONER'S DUTIES.] 44.25 The commissioner shall: 44.26 (1) manage the office and define the duties of employees 44.27 and delegate to them any of the commissioner's powers, duties, 44.28 and responsibilities, subject to the commissioner's control and 44.29 the conditions the commissioner prescribes; 44.30 (2) establish and maintain administrative units necessary 44.31 to perform administrative functions common to all units of the 44.32 department; 44.33 (3) transfer authorized positions and personnel between the 44.34 units as necessary to staff those units; 44.35 (4) coordinate interagency cooperation in the provision of 44.36 services to victims and witnesses; 45.1 (5) award grants to programs after considering 45.2 recommendations of the advisory councils; 45.3 (6) appoint members of the advisory councils; and 45.4 (7) adopt rules necessary to implement the duties of the 45.5 commissioner described in this chapter. 45.6 Sec. 68. [611B.04] [SCOPE OF VICTIMS' RIGHTS.] 45.7 The rights afforded to crime victims in sections 611B.01 to 45.8 611B.10 are applicable to adult criminal cases, juvenile 45.9 delinquency proceedings, juvenile traffic proceedings involving 45.10 driving under the influence of alcohol or drugs, and proceedings 45.11 involving any other act committed by a juvenile that would be a 45.12 crime as defined in section 609.02, if committed by an adult. 45.13 Sec. 69. [611B.91] [CRIMINAL GANG PREVENTION AND 45.14 INTERVENTION GRANT PROGRAM.] 45.15 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner shall 45.16 administer a criminal gang prevention and intervention grant 45.17 program and may make grants to assist organizations engaged in 45.18 offering services to: 45.19 (1) help gang members separate themselves, or remain 45.20 separated, from their gang affiliation; and 45.21 (2) prevent individuals from becoming affiliated with gangs. 45.22 The commissioner shall develop a grant application that 45.23 specifies the eligibility criteria for receiving grants. The 45.24 commissioner may require grant recipients to match a percentage 45.25 of the grant. 45.26 Subd. 2. [ELIGIBILITY FOR GRANTS.] An organization must 45.27 meet the following criteria to be eligible for a grant under 45.28 this section: 45.29 (1) it must be a private, nonprofit organization or a local 45.30 public agency; 45.31 (2) it must offer and provide to clients of the program 45.32 services to help gang members terminate their affiliation with 45.33 gangs, help former gang members to continue to remain separated 45.34 from their gang affiliation, or prevent youths from becoming 45.35 affiliated with gangs; and 45.36 (3) it must provide matching funds or in-kind services in 46.1 compliance with the formula set by the commissioner, if any. 46.2 Subd. 3. [SERVICES TO BE OFFERED.] The services offered by 46.3 grant recipients may include educational, recreational, and 46.4 community service opportunities; job skills and life skills 46.5 development; medical services; counseling; and other appropriate 46.6 services. 46.7 Subd. 4. [REPORT TO LEGISLATURE.] By January 15 of each 46.8 year, the commissioner shall report to the chairs of the senate 46.9 and house committees and divisions having jurisdiction over 46.10 criminal justice funding on grants made under this section. 46.11 Sec. 70. [611B.92] [CRIMINAL GANG PREVENTION AND 46.12 INTERVENTION ACCOUNT.] 46.13 The criminal gang prevention and intervention account is an 46.14 account in the state treasury. Money in the account consists of 46.15 money transferred to it pursuant to section 609.5315, 46.16 subdivision 5b. The money in the account is annually 46.17 appropriated to the commissioner to make the grants described in 46.18 section 611B.91. 46.19 Sec. 71. [TRANSFERS FROM OTHER AGENCIES.] 46.20 The responsibilities of the department of corrections with 46.21 respect to victims services and restorative justice are 46.22 transferred to the department of crime victims and violence 46.23 prevention under Minnesota Statutes, section 15.039. The 46.24 responsibilities of the department of public safety with respect 46.25 to crime victims services, the weed and seed grant program, and 46.26 the drug abuse resistance education (DARE) program and DARE 46.27 advisory council, are transferred to the department of crime 46.28 victims and violence prevention under Minnesota Statutes, 46.29 section 15.039. The responsibilities of the department of human 46.30 services with respect to the Asian-American juvenile crime 46.31 intervention and prevention grant program are transferred to the 46.32 department of crime victims and violence prevention under 46.33 Minnesota Statutes, section 15.039. The responsibilities of the 46.34 department of children, families, and learning with respect to 46.35 the abused children programs, multidisciplinary chemical abuse 46.36 prevention teams, family visitation center grants, the 47.1 children's trust fund for the prevention of child abuse act, the 47.2 learn and earn graduation achievement program, and the office of 47.3 drug policy and violence prevention are transferred to the 47.4 department of crime victims and violence prevention under 47.5 Minnesota Statutes, section 15.039. The responsibilities of the 47.6 department of health with respect to the home visiting program 47.7 are transferred to the department of crime victims and violence 47.8 prevention under Minnesota Statutes, section 15.039. The 47.9 responsibilities of the department of economic security with 47.10 respect to the juvenile justice advisory committee and the youth 47.11 intervention programs are transferred to the department of crime 47.12 victims and violence prevention under Minnesota Statutes, 47.13 section 15.039. The responsibilities of the bureau of criminal 47.14 apprehension with respect to witness and victim protection 47.15 grants are transferred to the department of crime victims and 47.16 violence prevention under Minnesota Statutes, section 15.039. 47.17 The responsibilities of the supreme court with respect to the 47.18 mediation grant program for crime victims and offenders are 47.19 transferred to the department of crime victims and violence 47.20 prevention under Minnesota Statutes, section 15.039. 47.21 Sec. 72. [INSTRUCTION TO REVISOR.] 47.22 The revisor of statutes shall renumber each section of 47.23 Minnesota Statutes listed in column A with the number listed in 47.24 column B. The revisor shall also make necessary cross-reference 47.25 changes consistent with the renumbering. 47.26 Column A Column B 47.27 611A.02, subdivision 2 611B.05, subdivision 1 47.28 611A.02, subdivision 3 611B.05, subdivision 2 47.29 611A.0311 611B.06 47.30 611A.04, subdivision 1 611B.07, subdivision 1 47.31 611A.04, subdivision 1a 611B.07, subdivision 2 47.32 611A.04, subdivision 1b 611B.07, subdivision 3 47.33 611A.04, subdivision 2 611B.07, subdivision 4 47.34 611A.04, subdivision 3 611B.07, subdivision 5 47.35 611A.04, subdivision 4 611B.07, subdivision 6 47.36 611A.045, subdivision 1 611B.08, subdivision 1 48.1 611A.045, subdivision 2 611B.08, subdivision 2 48.2 611A.045, subdivision 2a 611B.08, subdivision 3 48.3 611A.045, subdivision 3 611B.08, subdivision 4 48.4 611A.046 611B.09 48.5 611A.05 611B.10 48.6 611A.204 611B.11 48.7 611A.205 611B.12 48.8 611A.206 611B.13 48.9 611A.225 611B.14 48.10 611A.25 611B.15 48.11 611A.32, subdivision 1 611B.16, subdivision 1 48.12 611A.32, subdivision 1a 611B.16, subdivision 2 48.13 611A.32, subdivision 2 611B.16, subdivision 3 48.14 611A.32, subdivision 5 611B.16, subdivision 4 48.15 611A.34, subdivision 1 611B.17, subdivision 1 48.16 611A.34, subdivision 2 611B.17, subdivision 2 48.17 611A.34, subdivision 2a 611B.17, subdivision 3 48.18 611A.34, subdivision 3 611B.17, subdivision 4 48.19 611A.35 611B.18 48.20 611A.36 611B.19 48.21 611A.361, subdivision 1 611B.20, subdivision 1 48.22 611A.361, subdivision 2 611B.20, subdivision 2 48.23 611A.361, subdivision 3 611B.20, subdivision 3 48.24 611A.361, subdivision 5 611B.20, subdivision 4 48.25 611A.366 611B.21 48.26 611A.51 611B.22 48.27 611A.52 611B.23 48.28 611A.53, subdivision 1 611B.24, subdivision 1 48.29 611A.53, subdivision 1a 611B.24, subdivision 2 48.30 611A.53, subdivision 1b 611B.24, subdivision 3 48.31 611A.53, subdivision 2 611B.24, subdivision 4 48.32 611A.54 611B.25 48.33 611A.55 611B.26 48.34 611A.56 611B.27 48.35 611A.57 611B.28 48.36 611A.58 611B.29 49.1 611A.60 611B.30 49.2 611A.61 611B.31 49.3 611A.612 611B.32 49.4 611A.62 611B.33 49.5 611A.63 611B.34 49.6 611A.64 611B.35 49.7 611A.65 611B.36 49.8 611A.66 611B.37 49.9 611A.67 611B.38 49.10 611A.675 611B.40 49.11 611A.70 611B.41 49.12 611A.71 611B.42 49.13 611A.72 611B.45 49.14 611A.73 611B.46 49.15 611A.74, subdivision 1 611B.47, subdivision 1 49.16 611A.74, subdivision 1a 611B.47, subdivision 2 49.17 611A.74, subdivision 2 611B.47, subdivision 3 49.18 611A.74, subdivision 3 611B.47, subdivision 4 49.19 611A.74, subdivision 4 611B.47, subdivision 5 49.20 611A.74, subdivision 5 611B.47, subdivision 6 49.21 611A.74, subdivision 6 611B.47, subdivision 7 49.22 611A.76 611B.48 49.23 611A.77 611B.49 49.24 268.29 611B.60 49.25 268.30, subdivision 1 611B.61, subdivision 1 49.26 268.30, subdivision 1a 611B.61, subdivision 2 49.27 268.30, subdivision 2 611B.61, subdivision 3 49.28 299A.33 611B.62 49.29 299A.331 611B.63 49.30 299C.065, subdivision 1a 611B.64, subdivision 1 49.31 299C.065, subdivision 3a 611B.64, subdivision 2 49.32 119A.20 611B.65 49.33 119A.21 611B.66 49.34 119A.22 611B.67 49.35 119A.23 611B.68 49.36 119A.10 611B.69 50.1 119A.11, subdivision 1 611B.70, subdivision 1 50.2 119A.11, subdivision 2 611B.70, subdivision 2 50.3 119A.11, subdivision 3 611B.70, subdivision 3 50.4 119A.11, subdivision 4 611B.70, subdivision 4 50.5 119A.11, subdivision 5 611B.70, subdivision 5 50.6 119A.11, subdivision 7 611B.70, subdivision 6 50.7 119A.11, subdivision 8 611B.70, subdivision 7 50.8 119A.11, subdivision 9 611B.70, subdivision 8 50.9 119A.11, subdivision 10 611B.70, subdivision 9 50.10 119A.11, subdivision 11 611B.70, subdivision 10 50.11 119A.11, subdivision 12 611B.70, subdivision 11 50.12 119A.12 611B.71 50.13 119A.13 611B.72 50.14 119A.14 611B.73 50.15 119A.15 611B.74 50.16 119A.16 611B.75 50.17 119A.17 611B.76 50.18 119A.25 611B.77 50.19 119A.26 611B.78 50.20 119A.27 611B.79 50.21 119A.28 611B.80 50.22 119A.29 611B.81 50.23 119A.31 611B.82 50.24 119A.32 611B.83 50.25 119A.33 611B.84 50.26 119A.34 611B.85 50.27 119A.37 611B.86 50.28 124D.32 611B.87 50.29 256.486 611B.88 50.30 299A.63 611B.89 50.31 145A.15 611B.90 50.32 Sec. 73. [APPROPRIATION.] 50.33 $....... is appropriated to the commissioner of crime 50.34 victims and violence prevention from the general fund for the 50.35 fiscal years ending June 30, 2000, and June 30, 2001, to: 50.36 (1) hire personnel necessary: 51.1 (i) to perform auditing and research functions within the 51.2 department; and 51.3 (ii) to coordinate and maximize the securing of money from 51.4 independent sources for grant purposes; and 51.5 (2) organize the department and implement this act. 51.6 Sec. 74. [REPEALER.] 51.7 Minnesota Statutes 1998, sections 119A.11, subdivision 6; 51.8 119A.20, subdivision 4; 611A.02, subdivision 1; 611A.21; 51.9 611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; 51.10 and 611A.78, are repealed. 51.11 Sec. 75. [EFFECTIVE DATE.] 51.12 This act is effective on July 1, 1999.