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Minnesota Legislature

Office of the Revisor of Statutes

SF 1880

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

  1.1                          A bill for an act 
  1.2             relating to the operation of state government; crime 
  1.3             and crime prevention; appropriating money for the 
  1.4             judicial branch, public safety, public defense, 
  1.5             corrections, human rights, and related purposes; 
  1.6             increasing and prescribing criminal penalties for a 
  1.7             variety of offenses; increasing penalties for certain 
  1.8             controlled substance offenses; clarifying provisions 
  1.9             of the Community Notification Act; expanding and 
  1.10            clarifying the sex offender registration law; 
  1.11            clarifying and expanding crime victim rights; 
  1.12            providing additional protections to children; 
  1.13            providing for increased access by peace officers to 
  1.14            juvenile records; creating a statewide criminal gang 
  1.15            council and a criminal gang strike force to improve 
  1.16            the investigation and prosecution of gang-related 
  1.17            crime; increasing protections for correctional 
  1.18            employees who are assaulted by inmates; clarifying the 
  1.19            powers of the ombudsman for corrections; restricting 
  1.20            certain computer uses by inmates; clarifying laws 
  1.21            relating to probation; providing an action for an 
  1.22            order for protection against a minor; amending 
  1.23            Minnesota Statutes 1996, sections 13.99, by adding a 
  1.24            subdivision; 144.761, subdivisions 5 and 7; 144.762, 
  1.25            subdivision 2, and by adding a subdivision; 144.765; 
  1.26            144.767, subdivision 1; 152.01, subdivision 18, and by 
  1.27            adding a subdivision; 152.02, subdivisions 2 and 5; 
  1.28            152.021, subdivisions 1 and 2; 152.022, subdivisions 1 
  1.29            and 2; 152.023, subdivisions 1, 2, and 3; 152.024, 
  1.30            subdivision 1; 152.029; 169.042, subdivision 1; 
  1.31            169.20, subdivision 5; 169.797, subdivision 3; 171.29, 
  1.32            subdivision 2; 241.01, subdivisions 3a and 3b; 241.42, 
  1.33            subdivision 2; 241.44, subdivision 1, and by adding a 
  1.34            subdivision; 242.19, subdivision 3; 242.32, by adding 
  1.35            a subdivision; 243.166, subdivisions 2, 3, and 4; 
  1.36            243.51, subdivisions 1, 3, and by adding a 
  1.37            subdivision; 244.05, subdivision 8; 244.052, 
  1.38            subdivisions 3, 4, 5, and 6; 244.17, subdivision 2; 
  1.39            256E.03, subdivision 2; 256F.09, subdivisions 2 and 3; 
  1.40            257.071, subdivisions 3, 4, and by adding 
  1.41            subdivisions; 257.072, subdivision 1; 259.41; 259.59, 
  1.42            by adding a subdivision; 259.67, subdivision 2; 
  1.43            260.012; 260.015, subdivisions 2a and 29; 260.131, 
  1.44            subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 
  1.45            4, and 8; 260.161, subdivisions 1, 1a, 2, 3, and by 
  1.46            adding a subdivision; 260.165, subdivisions 1 and 3; 
  2.1             260.171, subdivision 2; 260.1735; 260.191, 
  2.2             subdivisions 1, 3a, 3b, as amended, and 4; 260.192; 
  2.3             260.221, subdivisions 1 and 5; 260.241, subdivisions 1 
  2.4             and 3; 260.311, subdivision 1; 299A.61, subdivision 1; 
  2.5             299A.63, subdivision 4; 299C.065, subdivision 1; 
  2.6             299C.095; 299C.10, subdivisions 1 and 4; 299C.13; 
  2.7             299C.65, by adding a subdivision; 299D.07; 299F.051; 
  2.8             299F.06, subdivisions 1 and 3; 326.3321, subdivision 
  2.9             1; 326.3386, subdivision 3, and by adding 
  2.10            subdivisions; 357.021, subdivision 1a; 363.02, 
  2.11            subdivision 1; 363.073, subdivision 1; 388.23, 
  2.12            subdivision 1; 401.13; 480.30, subdivision 1; 504.181, 
  2.13            subdivision 1; 518.10; 518.175, subdivision 5, and by 
  2.14            adding a subdivision; 518.179, subdivision 2; 518B.01, 
  2.15            subdivisions 4, 8, 14, 17, and 18; 566.05; 566.18, 
  2.16            subdivision 6; 609.02, by adding a subdivision; 
  2.17            609.035, subdivision 1, and by adding a subdivision; 
  2.18            609.10; 609.101, subdivision 5; 609.115, subdivision 
  2.19            1; 609.125; 609.135, subdivisions 1, 2, and by adding 
  2.20            a subdivision; 609.15, subdivision 1; 609.221; 
  2.21            609.2231, subdivision 3; 609.2244; 609.2245, 
  2.22            subdivision 2; 609.347, subdivision 7; 609.487, 
  2.23            subdivision 3; 609.495, subdivision 1; 609.498, by 
  2.24            adding subdivisions; 609.52, subdivision 2; 609.684, 
  2.25            subdivision 4; 609.746, subdivision 1; 609.748, 
  2.26            subdivision 1; 609.78; 609.902, subdivision 4; 611.27, 
  2.27            subdivision 4, and by adding a subdivision; 611A.01; 
  2.28            611A.035; 611A.038; 611A.039, subdivision 1; 611A.04, 
  2.29            by adding a subdivision; 611A.045, subdivision 1; 
  2.30            611A.25, subdivision 3; 611A.361, subdivision 3; 
  2.31            611A.52, subdivisions 6 and 8; 611A.53, subdivision 
  2.32            1b; 611A.675; 611A.71, subdivisions 5 and 7; 611A.74, 
  2.33            subdivisions 1, 3, and by adding a subdivision; 
  2.34            611A.75; 617.82; 617.85; 626.843, subdivision 1; 
  2.35            629.725; 631.07; 631.52, subdivision 2; and 641.12; 
  2.36            Laws 1995, chapter 226, articles 2, section 37, 
  2.37            subdivision 2; 3, section 60, subdivision 4; Laws 
  2.38            1996, chapter 408, article 8, sections 21; 22, 
  2.39            subdivision 1; and 24; Laws 1997, chapter 112, section 
  2.40            3; proposing coding for new law in Minnesota Statutes, 
  2.41            chapters 241; 242; 243; 244; 257; 299A; 299C; 299F; 
  2.42            609; 611A; and 626; repealing Minnesota Statutes 1996, 
  2.43            sections 119A.30; 145.406; 244.06; 244.09, subdivision 
  2.44            11a; 259.33; 299A.01, subdivision 6; 299F.07; and 
  2.45            609.684, subdivision 2; Minnesota Rules, parts 
  2.46            7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 
  2.47            7419.0600; 7419.0700; and 7419.0800. 
  2.48  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.49                             ARTICLE 1 
  2.50                           APPROPRIATIONS 
  2.51  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.52     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.53  appropriated from the general fund, or another fund named, to 
  2.54  the agencies and for the purposes specified in this act, to be 
  2.55  available for the fiscal years indicated for each purpose.  The 
  2.56  figures "1997," "1998," and "1999," where used in this act, mean 
  2.57  that the appropriation or appropriations listed under them are 
  2.58  available for the year ending June 30, 1997, June 30, 1998, or 
  2.59  June 30, 1999, respectively. 
  3.1                           SUMMARY BY FUND
  3.2                  1997           1998          1999          TOTAL
  3.3   General $  1,393,000  $ 481,929,000 $ 496,133,000 $ 979,455,000
  3.4   Special Revenue           7,254,000     7,479,000    14,733,000
  3.5   State Government
  3.6   Special Revenue               7,000         7,000        14,000
  3.7   Environmental                42,000        43,000        85,000
  3.8   Trunk Highway             1,557,000     1,587,000     3,144,000
  3.9   TOTAL   $  1,393,000  $ 490,789,000 $ 500,249,000 $ 997,431,000
  3.10                                             APPROPRIATIONS 
  3.11                                         Available for the Year 
  3.12                                             Ending June 30 
  3.13                                            1998         1999 
  3.14  Sec. 2.  SUPREME COURT 
  3.15  Subdivision 1.  Total 
  3.16  Appropriation                       $ 21,730,000   $ 21,642,000
  3.17  The amounts that may be spent from this 
  3.18  appropriation for each program are 
  3.19  specified in the following subdivisions.
  3.20  Subd. 2.  Supreme Court Operations 
  3.21       4,052,000      4,141,000
  3.22  $2,500 the first year and $2,500 the 
  3.23  second year are for a contingent 
  3.24  account for expenses necessary for the 
  3.25  normal operation of the court for which 
  3.26  no other reimbursement is provided. 
  3.27  Subd. 3.  Civil Legal Services
  3.28       5,607,000      5,607,000
  3.29  This appropriation is for legal 
  3.30  services to low-income clients and for 
  3.31  family farm legal assistance under 
  3.32  Minnesota Statutes, section 480.242.  
  3.33  Any unencumbered balance remaining in 
  3.34  the first year does not cancel but is 
  3.35  available for the second year of the 
  3.36  biennium.  A qualified legal services 
  3.37  program, as defined in Minnesota 
  3.38  Statutes, section 480.24, subdivision 
  3.39  3, may provide legal services to 
  3.40  persons eligible for family farm legal 
  3.41  assistance under Minnesota Statutes, 
  3.42  section 480.242. 
  3.43  Subd. 4.  Family Law Legal
  3.44  Services
  3.45         877,000        877,000
  3.46  This appropriation is to improve the 
  3.47  access of low-income clients to legal 
  3.48  representation in family law matters 
  3.49  and must be distributed under Minnesota 
  3.50  Statutes, section 480.242, to the 
  3.51  qualified legal services programs 
  4.1   described in Minnesota Statutes, 
  4.2   section 480.242, subdivision 2, 
  4.3   paragraph (a).  Any unencumbered 
  4.4   balance remaining in the first year 
  4.5   does not cancel and is available for 
  4.6   the second year of the biennium. 
  4.7   Subd. 5.  State Court Administration 
  4.8        9,191,000      8,993,000
  4.9   $120,000 the first year is for grants 
  4.10  to develop projects that use innovative 
  4.11  and cost-effective means of providing 
  4.12  services to children within the child 
  4.13  protection system, including legal 
  4.14  counsel, guardians ad litem, and other 
  4.15  child and welfare services.  Projects 
  4.16  may include those that facilitate the 
  4.17  coordination of public and private 
  4.18  resources and the use of volunteers and 
  4.19  existing community programs and 
  4.20  services to reduce the cost of 
  4.21  services.  This sum is available until 
  4.22  June 30, 1999.  This is a one-time 
  4.23  appropriation. 
  4.24  $180,000 the first year is to develop 
  4.25  and provide training programs and 
  4.26  materials for guardians ad litem.  This 
  4.27  sum is available until June 30, 1999.  
  4.28  This is a one-time appropriation. 
  4.29  $1,386,000 the first year and 
  4.30  $1,386,000 the second year are to begin 
  4.31  development and implementation of the 
  4.32  infrastructure for a coordinated and 
  4.33  integrated statewide criminal and 
  4.34  juvenile justice information system; 
  4.35  and for implementation of the judicial 
  4.36  branch justice information network.  
  4.37  This appropriation must be included in 
  4.38  the budget base for the 2000-2001 
  4.39  biennium. 
  4.40  Subd. 6.  Community Dispute Resolution 
  4.41         110,000        110,000
  4.42  Subd. 7.  Victim Offender Mediation Grants
  4.43         170,000        170,000 
  4.44  Subd. 8.  Law Library Operations
  4.45       1,723,000      1,744,000
  4.46  $20,000 the first year and $20,000 the 
  4.47  second year are to supplement law 
  4.48  library resources. 
  4.49  Sec. 3.  COURT OF APPEALS              6,088,000      6,180,000
  4.50  $60,000 the first year and $40,000 the 
  4.51  second year are for a staff attorney, a 
  4.52  photocopier, and ergonomic chairs. 
  4.53  In purchasing ergonomic chairs, 
  4.54  reasonable efforts shall be made to 
  4.55  purchase chairs that were made as part 
  4.56  of an industrial and commercial 
  5.1   activity authorized under Minnesota 
  5.2   Statutes, section 241.27. 
  5.3   $70,000 the first year and $30,000 the 
  5.4   second year are to implement a video 
  5.5   hearing project. 
  5.6   Sec. 4.  DISTRICT COURTS              71,038,000     72,184,000
  5.7   $75,000 the second year is for 
  5.8   increased administrative support. 
  5.9   $374,000 the first year and $374,000 
  5.10  the second year are for increased 
  5.11  judicial support through (1) increased 
  5.12  salaries for existing law clerks and (2)
  5.13  the hiring of additional law clerks. 
  5.14  $450,000 the first year and $450,000 
  5.15  the second year are for operational 
  5.16  overhead in the Eighth Judicial 
  5.17  District.  Of this appropriation, 
  5.18  $46,000 the first year and $47,000 the 
  5.19  second year must be used to hire a 
  5.20  Spanish interpreter. 
  5.21  $741,000 the first year and $30,000 the 
  5.22  second year are for a video hearing 
  5.23  pilot project in the Ninth Judicial 
  5.24  District. 
  5.25  Sec. 5.  BOARD ON JUDICIAL  
  5.26  STANDARDS                                303,000        228,000
  5.27  $80,000 the first year is to award 
  5.28  costs and attorney fees to eligible 
  5.29  judges.  This sum is available until 
  5.30  June 30, 1999. 
  5.31  Sec. 6.  TAX COURT                       974,000        645,000
  5.32  Sec. 7.  PUBLIC SAFETY
  5.33  Subdivision 1.  Total 
  5.34  Appropriation                         40,957,000     38,755,000
  5.35                Summary by Fund
  5.36                          1998          1999
  5.37  General              37,543,000    35,309,000
  5.38  Special Revenue       1,808,000     1,809,000 
  5.39  Trunk Highway         1,557,000     1,587,000 
  5.40  Environmental            42,000        43,000 
  5.41  State Government                       
  5.42  Special Revenue           7,000         7,000
  5.43  The amounts that may be spent from this 
  5.44  appropriation for each program are 
  5.45  specified in the following subdivisions.
  5.46  Subd. 2.  Emergency Management
  5.47                Summary by Fund
  5.48  General               3,372,000     3,396,000
  6.1   Environmental            42,000        43,000
  6.2   Subd. 3.  Criminal Apprehension 
  6.3                 Summary by Fund
  6.4   General              23,596,000    21,768,000
  6.5   Special Revenue       1,808,000     1,809,000
  6.6   State Government
  6.7   Special Revenue           7,000         7,000
  6.8   Trunk Highway         1,557,000     1,587,000
  6.9   The commissioner of finance shall 
  6.10  reduce the appropriations for the 
  6.11  division of the Bureau of Criminal 
  6.12  Apprehension from the general fund as 
  6.13  necessary to reflect legislation 
  6.14  enacted in 1997 that (1) reduces state 
  6.15  contributions for pensions for 
  6.16  employees under the division of the 
  6.17  Bureau of Criminal Apprehension from 
  6.18  the general fund, or (2) provides money 
  6.19  for those pensions from police state 
  6.20  aid. 
  6.21  $4,494,000 the first year and 
  6.22  $2,560,000 the second year are to begin 
  6.23  development and implementation of the 
  6.24  infrastructure for a coordinated and 
  6.25  integrated statewide criminal and 
  6.26  juvenile justice information system.  
  6.27  Of this appropriation, $1,554,000 the 
  6.28  first year and $1,350,000 the second 
  6.29  year are to be transferred to the 
  6.30  supreme court for the judicial branch 
  6.31  justice network.  This transfer 
  6.32  appropriation must be included in the 
  6.33  budget base for the 2000-2001 biennium. 
  6.34  $100,000 the first year and $100,000 
  6.35  the second year from the Bureau of 
  6.36  Criminal Apprehension account in the 
  6.37  special revenue fund are for grants to 
  6.38  local officials for the cooperative 
  6.39  investigation of cross-jurisdictional 
  6.40  criminal activity.  Any unencumbered 
  6.41  balance remaining in the first year 
  6.42  does not cancel but is available for 
  6.43  the second year. 
  6.44  $408,000 the first year and $409,000 
  6.45  the second year from the Bureau of 
  6.46  Criminal Apprehension account in the 
  6.47  special revenue fund are for laboratory 
  6.48  activities. 
  6.49  $50,000 the first year and $50,000 the 
  6.50  second year are for the Bureau of 
  6.51  Criminal Apprehension to hire an 
  6.52  additional forensic scientist. 
  6.53  $75,000 the first year is for a grant 
  6.54  to Hennepin county and $75,000 the 
  6.55  first year is for a grant to the city 
  6.56  of Minneapolis.  These appropriations 
  6.57  must be used for costs associated with 
  6.58  the drugfire program. 
  7.1   $3,936,000 the first year and 
  7.2   $3,936,000 the second year are: 
  7.3   (1) for grants under Minnesota 
  7.4   Statutes, section 299C.065, 
  7.5   subdivisions 1 and 1a; 
  7.6   (2) for the grants authorized in 
  7.7   Minnesota Statutes, section 299A.627, 
  7.8   subdivisions 1 and 2, and to fund the 
  7.9   organization and operation of the 
  7.10  criminal gang oversight council and 
  7.11  strike force described in Minnesota 
  7.12  Statutes, section 299A.625; 
  7.13  (3) to hire five new agents to replace 
  7.14  those assigned to the criminal gang 
  7.15  strike force; 
  7.16  (4) to develop the criminal gang 
  7.17  investigative data system; 
  7.18  (5) to hire ten new agents to fill 
  7.19  existing vacancies statewide; and 
  7.20  (6) for overtime expenses for the 
  7.21  Bureau of Criminal Apprehension. 
  7.22  Money expended for the purposes 
  7.23  described in clauses (1) to (4) and 
  7.24  (6), shall not be included in the 
  7.25  agency's base budget for the 2000-2001 
  7.26  biennium. 
  7.27  The commissioner may use part of the 
  7.28  appropriation described in clause (2) 
  7.29  to procure necessary equipment and pay 
  7.30  other expenses deemed necessary by the 
  7.31  criminal gang oversight council.  
  7.32  However, the commissioner shall seek to 
  7.33  minimize expenses related to equipment 
  7.34  by encouraging local entities to 
  7.35  contribute equipment and other support 
  7.36  to the strike force. 
  7.37  The appropriation to hire additional 
  7.38  agents under clause (3) may not be used 
  7.39  to purchase or lease vehicles. 
  7.40  If new agents are hired under clause 
  7.41  (5), the superintendent shall cooperate 
  7.42  with the department of corrections in 
  7.43  capturing fugitives. 
  7.44  Subd. 4.  Fire Marshal 
  7.45       2,969,000      2,979,000
  7.46  $225,000 the first year and $125,000 
  7.47  the second year may be used to: 
  7.48  (1) hire an additional fire 
  7.49  investigator to be assigned to northern 
  7.50  Minnesota; 
  7.51  (2) retain mechanical, electrical, 
  7.52  engineering, or technical experts to 
  7.53  assist with determining the cause of 
  7.54  fires; 
  7.55  (3) reimburse members of the arson 
  8.1   strike force for their overtime, 
  8.2   travel, subsistence, and related costs 
  8.3   and to obtain professional expert 
  8.4   services or technical equipment that 
  8.5   are beyond the capabilities of the 
  8.6   strike force members; 
  8.7   (4) establish the arson training unit; 
  8.8   (5) establish the standardized arson 
  8.9   training curriculum; 
  8.10  (6) develop a fire scene preservation 
  8.11  video for distribution to fire 
  8.12  departments statewide; 
  8.13  (7) purchase an arson training trailer 
  8.14  equipped for use in training events and 
  8.15  available as a resource to the arson 
  8.16  strike force at major fires; 
  8.17  (8) develop and maintain an arson 
  8.18  resource library collection; 
  8.19  (9) communicate the importance of arson 
  8.20  training to law enforcement, fire 
  8.21  service, and prosecuting agencies; 
  8.22  (10) provide financial incentives to 
  8.23  encourage firefighters and peace 
  8.24  officers to participate in arson 
  8.25  training; 
  8.26  (11) establish and staff the statewide 
  8.27  juvenile firesetter intervention 
  8.28  network; 
  8.29  (12) develop and distribute the 
  8.30  comprehensive injury prevention 
  8.31  education curriculum; 
  8.32  (13) provide initial funding for the 
  8.33  annual training forum on juvenile 
  8.34  firesetting behavior and intervention 
  8.35  strategies; 
  8.36  (14) assist local fire departments in 
  8.37  collecting relevant data on 
  8.38  juvenile-related fire incidents for 
  8.39  inclusion in the fire incident 
  8.40  reporting system; 
  8.41  (15) provide the laboratory instruments 
  8.42  and training needed to process arson 
  8.43  evidence samples; and 
  8.44  (16) provide the supporting equipment 
  8.45  and services needed to use arson 
  8.46  evidence sample processing instruments. 
  8.47  By February 15, 1999, the fire marshal 
  8.48  shall report to the chairs of the 
  8.49  senate and house divisions having 
  8.50  jurisdiction over criminal justice 
  8.51  funding on how this appropriation was 
  8.52  spent. 
  8.53  Subd. 5.  Alcohol and Gambling Enforcement
  8.54                Summary by Fund
  9.1   General               1,682,000     1,716,000
  9.2   Subd. 6.  Crime Victims Services
  9.3        2,147,000      2,155,000
  9.4   $100,000 the first year and $100,000 
  9.5   the second year are for grants to the 
  9.6   crime victim and witness advisory 
  9.7   council to be used by the council for 
  9.8   the purposes specified in Minnesota 
  9.9   Statutes, section 611A.675. 
  9.10  Subd. 7.  Crime Victims Ombudsman
  9.11         374,000        375,000
  9.12  Subd. 8.  Law Enforcement and Community Grants
  9.13       3,260,000      2,745,000 
  9.14  The appropriations in this subdivision 
  9.15  are one-time appropriations. 
  9.16  $2,250,000 each year is to provide 
  9.17  funding for: 
  9.18  (1) grants under Minnesota Statutes, 
  9.19  section 299A.62, subdivision 1, clause 
  9.20  (2), to enable local law enforcement 
  9.21  agencies to assign overtime officers to 
  9.22  high crime areas within their 
  9.23  jurisdictions.  These grants shall be 
  9.24  distributed as provided in subdivision 
  9.25  2 of that section.  Up to $23,000 may 
  9.26  be used to administer grants awarded 
  9.27  under this clause; and 
  9.28  (2) weed and seed grants under 
  9.29  Minnesota Statutes, section 299A.63.  
  9.30  This appropriation shall be divided in 
  9.31  equal parts between the two programs.  
  9.32  Money not expended in the first year is 
  9.33  available for grants during the second 
  9.34  year.  
  9.35  By February 1, 1998, the commissioner 
  9.36  shall report to the chairs of the 
  9.37  senate and house divisions having 
  9.38  jurisdiction over criminal justice 
  9.39  funding, on grants made under clauses 
  9.40  (1) and (2). 
  9.41  $50,000 the first year is for Ramsey 
  9.42  county to continue the special unit 
  9.43  enforcing the state nuisance laws.  
  9.44  $50,000 the first year is for one or 
  9.45  more grants to community-based programs 
  9.46  to conduct research on street gang 
  9.47  culture and, based on this research, 
  9.48  develop effective prevention and 
  9.49  intervention techniques to help youth 
  9.50  avoid or end their street gang 
  9.51  involvement.  Each program receiving a 
  9.52  grant shall provide a report to the 
  9.53  criminal gang oversight council that 
  9.54  contains the following information: 
 10.1   (1) the results of the program's 
 10.2   research on street gang culture; 
 10.3   (2) the program's plans for additional 
 10.4   research on street gang culture, if 
 10.5   any; and 
 10.6   (3) the prevention and intervention 
 10.7   techniques developed by the program. 
 10.8   An interim report must be provided to 
 10.9   the council six months after a program 
 10.10  is awarded a grant.  A final report 
 10.11  must be provided to the council by 
 10.12  February 1, 1999.  A copy of each 
 10.13  report also must be provided to the 
 10.14  commissioner of public safety. 
 10.15  Each program receiving a grant also 
 10.16  must provide information and 
 10.17  recommendations on gang culture to the 
 10.18  criminal gang oversight council and 
 10.19  criminal gang strike force, as 
 10.20  requested by the council or strike 
 10.21  force. 
 10.22  $40,000 the first year shall be 
 10.23  transferred as a grant to a nonprofit 
 10.24  organization to be used to meet 
 10.25  one-half of the state match requirement 
 10.26  if the organization receives federal 
 10.27  funding to:  (1) acquire interactive 
 10.28  multimedia equipment for courtroom 
 10.29  presentations to aid in the prosecution 
 10.30  of complex homicide and child fatality 
 10.31  cases; and (2) retain a forensic 
 10.32  pathologist skilled in making such 
 10.33  presentations to serve as a consultant 
 10.34  to prosecutors statewide for one year.  
 10.35  This grant is available only if the 
 10.36  organization obtains funds for the 
 10.37  remainder of the state match from other 
 10.38  sources. 
 10.39  $175,000 the first year is for grants 
 10.40  to the Council on Black Minnesotans to 
 10.41  continue the program established in 
 10.42  Laws 1996, chapter 408, article 2, 
 10.43  section 13. 
 10.44  $250,000 each year is for grants to 
 10.45  local governmental units that have 
 10.46  incurred costs implementing Minnesota 
 10.47  Statutes, section 244.052 or 244.10, 
 10.48  subdivision 2a.  Local governmental 
 10.49  units shall detail the costs they have 
 10.50  incurred along with any other 
 10.51  information required by the 
 10.52  commissioner.  The commissioner shall 
 10.53  award grants in a manner that 
 10.54  reimburses local governmental units 
 10.55  demonstrating the greatest need.  Of 
 10.56  this appropriation, up to $40,000 may 
 10.57  be used for educational equipment and 
 10.58  training to be used for sex offender 
 10.59  notification meetings by law 
 10.60  enforcement agencies around the state. 
 10.61  $120,000 each year is for a grant to 
 10.62  the northwest Hennepin human services 
 10.63  council to administer the northwest 
 11.1   community law enforcement project, to 
 11.2   be available until June 30, 1999.  
 11.3   $75,000 each year is for grants to 
 11.4   Hennepin and Ramsey counties to 
 11.5   administer the community service grant 
 11.6   pilot project program.  
 11.7   $100,000 the first year is for grants 
 11.8   to the city of St. Paul to be used by 
 11.9   the city to acquire and renovate a 
 11.10  building for a joint use police 
 11.11  storefront and youth activity center in 
 11.12  the north end area of St. Paul. 
 11.13  $25,000 the first year is for the 
 11.14  criminal alert network to disseminate 
 11.15  data regarding the use of fraudulent 
 11.16  checks and the coordination of security 
 11.17  and antiterrorism efforts with the 
 11.18  Federal Bureau of Investigation.  This 
 11.19  money is available only if the 
 11.20  commissioner determines the expansion 
 11.21  is feasible.  If the commissioner 
 11.22  determines that one or both of the uses 
 11.23  are not feasible, the commissioner 
 11.24  shall reduce the amount spent 
 11.25  accordingly. 
 11.26  $75,000 the first year is for a grant 
 11.27  to the Fourth Judicial District to plan 
 11.28  for a family violence coordinating 
 11.29  council. 
 11.30  Subd. 9.  Administration and Related Services
 11.31         143,000        175,000
 11.32  This appropriation is to be deposited 
 11.33  in the public safety officer's benefit 
 11.34  account.  This money is available for 
 11.35  reimbursements under Minnesota 
 11.36  Statutes, section 299A.465. 
 11.37  $40,000 the first year is for purposes 
 11.38  of the firefighter training study 
 11.39  committee.  This is a one-time 
 11.40  appropriation.  
 11.41  Sec. 8.  BOARD OF PRIVATE DETECTIVE 
 11.42  AND PROTECTIVE AGENT SERVICES            130,000        132,000
 11.43  Sec. 9.  BOARD OF PEACE OFFICER 
 11.44  STANDARDS AND TRAINING                 3,581,000      3,801,000
 11.45  This appropriation is from the peace 
 11.46  officers training account in the 
 11.47  special revenue fund.  Any receipts 
 11.48  credited to the peace officer training 
 11.49  account in the special revenue fund in 
 11.50  the first year in excess of $3,581,000 
 11.51  must be transferred and credited to the 
 11.52  general fund.  Any receipts credited to 
 11.53  the peace officer training account in 
 11.54  the special revenue fund in the second 
 11.55  year in excess of $3,801,000 must be 
 11.56  transferred and credited to the general 
 11.57  fund. 
 11.58  $30,000 the first year is from the 
 11.59  special revenue fund for DARE officer 
 12.1   training. 
 12.2   $312,000 the second year shall be 
 12.3   expended as follows:  (1) up to $30,000 
 12.4   for administrative law judge costs; (2) 
 12.5   up to $16,000 for minority recruitment; 
 12.6   (3) up to $10,000 for computer training 
 12.7   and support; (4) up to $30,000 for DARE 
 12.8   officer training; (5) $100,000 for a 
 12.9   law enforcement library at metropolitan 
 12.10  state university; (6) up to $25,000 for 
 12.11  hiring a consultant to develop a 
 12.12  screening examination for admission to 
 12.13  a law enforcement skills program.  If 
 12.14  there are sufficient funds remaining 
 12.15  after developing the screening 
 12.16  examination, the consultant may develop 
 12.17  a new reciprocity examination; and (7) 
 12.18  up to $101,000 for increased 
 12.19  reimbursements to local law enforcement 
 12.20  for the cost of administering 
 12.21  board-approved continuing education to 
 12.22  peace officers. 
 12.23  By July 1, 1998, and each July 1 
 12.24  thereafter, the board shall report to 
 12.25  the chairs of the senate and house 
 12.26  divisions having jurisdiction over 
 12.27  criminal justice funding on the 
 12.28  activities of the minority recruiter 
 12.29  and the outcomes attributable to that 
 12.30  position. 
 12.31  The commissioner of finance shall 
 12.32  ensure that the base budget for the 
 12.33  2000-2001 fiscal biennium for the POST 
 12.34  board includes the $850,000 each year 
 12.35  that was transferred in fiscal year 
 12.36  1997 from the POST board to the 
 12.37  Minnesota state colleges and 
 12.38  universities system. 
 12.39  The board shall provide education and 
 12.40  training to peace officers and other 
 12.41  criminal justice personnel on early 
 12.42  intervention and reduction of possible 
 12.43  HIV seroconversion for persons who have 
 12.44  experienced a significant exposure, as 
 12.45  defined in Minnesota Statutes, section 
 12.46  144.761.  The POST board shall work in 
 12.47  cooperation with the commissioners of 
 12.48  public safety and corrections in 
 12.49  providing this training.  A portion of 
 12.50  this appropriation shall be awarded as 
 12.51  grants to professional employers of 
 12.52  emergency medical services personnel as 
 12.53  defined in Minnesota Statutes, section 
 12.54  144.761, subdivision 5, clause (2), to 
 12.55  demonstrate effective education and 
 12.56  training services and procedures for 
 12.57  implementing the protocol described in 
 12.58  Minnesota Statutes, section 144.762. 
 12.59  Sec. 10.  BOARD OF PUBLIC DEFENSE 
 12.60  Subdivision 1.  Total       
 12.61  Appropriation                         41,658,000     41,972,000
 12.62  None of this appropriation shall be 
 12.63  used to pay for lawsuits against public 
 12.64  agencies or public officials to change 
 13.1   social or public policy.  
 13.2   The amounts that may be spent from this 
 13.3   appropriation for each program are 
 13.4   specified in the following subdivisions.
 13.5   Subd. 2.  State Public      
 13.6   Defender 
 13.7        3,250,000      3,315,000
 13.8   Subd. 3.  Board of Public   
 13.9   Defense  
 13.10         900,000        915,000
 13.11  Subd. 4.  District Public   
 13.12  Defense  
 13.13      37,508,000     37,742,000 
 13.14  $969,000 the first year and $969,000 
 13.15  the second year are for grants to the 
 13.16  five existing public defense 
 13.17  corporations under Minnesota Statutes, 
 13.18  section 611.216. 
 13.19  Sec. 11.  AUTO THEFT PREVENTION BOARD 
 13.20  Subdivision 1.  Total       
 13.21  Appropriation                          1,865,000      1,869,000
 13.22  This appropriation is from the 
 13.23  automobile theft prevention account in 
 13.24  the special revenue fund. 
 13.25  The board is encouraged to use a 
 13.26  portion of this appropriation to (1) 
 13.27  design intervention measures to prevent 
 13.28  and combat automobile theft activity by 
 13.29  gangs; and (2) implement strategies to 
 13.30  increase apprehension of gang members 
 13.31  involved in automobile theft activity. 
 13.32  Sec. 12.  CORRECTIONS 
 13.33  Subdivision 1.  Total 
 13.34  Appropriation                        296,892,000    312,215,000
 13.35  The amounts that may be spent from this 
 13.36  appropriation for each program are 
 13.37  specified in the following subdivisions.
 13.38  Any unencumbered balances remaining in 
 13.39  the first year do not cancel but are 
 13.40  available for the second year of the 
 13.41  biennium. 
 13.42  Positions and administrative money may 
 13.43  be transferred within the department of 
 13.44  corrections as the commissioner 
 13.45  considers necessary, upon the advance 
 13.46  approval of the commissioner of finance.
 13.47  For the biennium ending June 30, 1999, 
 13.48  the commissioner of corrections may, 
 13.49  with the approval of the commissioner 
 13.50  of finance, transfer funds to or from 
 13.51  salaries. 
 13.52  The department may use up to $320,000 
 14.1   of dedicated receipts to design, 
 14.2   construct, furnish, and equip a new 
 14.3   building for Thistledew Camp's new 
 14.4   wilderness endeavors program.  The 
 14.5   building must provide a ten bed 
 14.6   training and juvenile dorm area, plus 
 14.7   storage. 
 14.8   Subd. 2.  Correctional 
 14.9   Institutions  
 14.10     179,965,000    189,823,000
 14.11  The commissioner may expend federal 
 14.12  grant money in an amount up to 
 14.13  $1,000,000 to supplement the renovation 
 14.14  of the buildings at the Brainerd 
 14.15  regional center for use as a 
 14.16  correctional facility. 
 14.17  The commissioner may open the Brainerd 
 14.18  facility on or after May 1, 1999. 
 14.19  If the commissioner deems it necessary 
 14.20  to reduce staff positions during the 
 14.21  biennium ending June 30, 1999, the 
 14.22  commissioner must reduce at least the 
 14.23  same percentage of management and 
 14.24  supervisory personnel as line and 
 14.25  support personnel in order to ensure 
 14.26  employee safety, inmate safety, and 
 14.27  facility security. 
 14.28  During the biennium ending June 30, 
 14.29  1999, if it is necessary to reduce 
 14.30  services or staffing within a 
 14.31  correctional facility, the commissioner 
 14.32  or the commissioner's designee shall 
 14.33  meet with affected exclusive 
 14.34  representatives.  The commissioner 
 14.35  shall make every reasonable effort to 
 14.36  retain correctional officer and prison 
 14.37  industry employees should reductions be 
 14.38  necessary. 
 14.39  During the biennium ending June 30, 
 14.40  1999, the commissioner must consider 
 14.41  ways to reduce the per diem in adult 
 14.42  correctional facilities.  As part of 
 14.43  this consideration, the commissioner 
 14.44  must consider reduction in management 
 14.45  and supervisory personnel levels in 
 14.46  addition to line staff levels within 
 14.47  adult correctional institutions, 
 14.48  provided this objective can be 
 14.49  accomplished without compromising 
 14.50  safety and security. 
 14.51  The commissioner shall develop criteria 
 14.52  to designate geriatric and disabled 
 14.53  inmates eligible for transfer to 
 14.54  nursing facilities, including 
 14.55  state-operated facilities.  Upon 
 14.56  certification by the commissioner that 
 14.57  a nursing facility can meet necessary 
 14.58  security requirements, the commissioner 
 14.59  may contract with the facility for the 
 14.60  placement and housing of eligible 
 14.61  geriatric and disabled inmates.  
 14.62  Inmates placed in a nursing facility 
 14.63  must meet the criteria specified in 
 15.1   Minnesota Statutes, section 244.05, 
 15.2   subdivision 8, and are considered to be 
 15.3   on conditional medical release. 
 15.4   $700,000 the first year and $1,500,000 
 15.5   the second year are to operate a work 
 15.6   program at Camp Ripley under Minnesota 
 15.7   Statutes, section 241.277. 
 15.8   Subd. 3.  Juvenile Services
 15.9       17,070,000     17,790,000 
 15.10  $500,000 each year is to plan for and 
 15.11  establish a weekend camp program at 
 15.12  Camp Ripley designed for first- or 
 15.13  second-time male juvenile offenders 
 15.14  ages 11 to 14.  The commissioner shall 
 15.15  develop eligibility standards for the 
 15.16  program.  The camp shall be a highly 
 15.17  structured program and teach work 
 15.18  skills, such as responsibility, 
 15.19  organization, time management, and 
 15.20  follow-through.  The juvenile offenders 
 15.21  will each develop a community service 
 15.22  plan that will be implemented upon 
 15.23  return to the community.  The program 
 15.24  shall receive referrals from youth 
 15.25  service agencies, police, school 
 15.26  officials, parents, and the courts.  By 
 15.27  January 15, 1998, the commissioner 
 15.28  shall report to the chairs of the house 
 15.29  and senate criminal justice funding 
 15.30  divisions a proposed budget for this 
 15.31  camp program for the second year of the 
 15.32  fiscal biennium and shall include a 
 15.33  description of the proposed outcomes 
 15.34  for the program. 
 15.35  $100,000 the first year is to conduct 
 15.36  planning for and evaluation of 
 15.37  additional camp programs and aftercare 
 15.38  services for juvenile offenders, 
 15.39  including, but not limited to, the 
 15.40  Vision Quest program and a three-week 
 15.41  work camp. 
 15.42  $500,000 the first year is to renovate 
 15.43  two cottages at the Minnesota 
 15.44  correctional facility-Red Wing.  
 15.45  $1,021,000 the second year is to 
 15.46  transfer the sex offender program from 
 15.47  the Minnesota correctional 
 15.48  facility-Sauk Centre and operate it at 
 15.49  the Minnesota correctional facility-Red 
 15.50  Wing. 
 15.51  $333,000 the second year is for housing 
 15.52  and programming for female juvenile 
 15.53  offenders committed to the commissioner 
 15.54  of corrections. 
 15.55  $130,000 the first year and $130,000 
 15.56  the second year are to improve 
 15.57  aftercare services for juveniles 
 15.58  released from correctional facilities 
 15.59  by adding two professional and one 
 15.60  clerical positions. 
 15.61  The commissioner shall design the 
 16.1   juvenile support network to provide 
 16.2   aftercare services for these 
 16.3   offenders.  The network must coordinate 
 16.4   support services in the community for 
 16.5   returning juveniles.  Counties, 
 16.6   communities, and schools must develop 
 16.7   and implement the network.  The 
 16.8   commissioner shall require aftercare 
 16.9   programs to be incorporated into 
 16.10  Community Corrections Act plans. 
 16.11  Subd. 4.  Community Services 
 16.12      80,387,000     84,824,000 
 16.13  $225,000 each year is for school-based 
 16.14  probation pilot programs.  Of this 
 16.15  amount, $150,000 each year is for 
 16.16  Dakota county and $75,000 each year is 
 16.17  for Anoka county.  This is a one-time 
 16.18  appropriation. 
 16.19  $50,000 each year is for the Ramsey 
 16.20  county enhanced probation pilot 
 16.21  project.  The appropriation may not be 
 16.22  used to supplant law enforcement or 
 16.23  county probation officer positions, or 
 16.24  correctional services or programs.  
 16.25  This is a one-time appropriation. 
 16.26  $200,000 the first year is for the gang 
 16.27  intervention pilot project.  This is a 
 16.28  one-time appropriation. 
 16.29  $50,000 the first year and $50,000 the 
 16.30  second year are for grants to local 
 16.31  communities to establish and implement 
 16.32  pilot project restorative justice 
 16.33  programs. 
 16.34  $95,000 the first year is for the 
 16.35  Dakota county family group conferencing 
 16.36  pilot project established in Laws 1996, 
 16.37  chapter 408, article 2, section 9.  
 16.38  This is a one-time appropriation. 
 16.39  All money received by the commissioner 
 16.40  of corrections pursuant to the domestic 
 16.41  abuse investigation fee under Minnesota 
 16.42  Statutes, section 609.2244, is 
 16.43  available for use by the commissioner 
 16.44  and is appropriated annually to the 
 16.45  commissioner of corrections for costs 
 16.46  related to conducting the 
 16.47  investigations. 
 16.48  $750,000 each year is for an increase 
 16.49  in community corrections act subsidy 
 16.50  funding.  The funding shall be 
 16.51  distributed according to the community 
 16.52  corrections aid formula in Minnesota 
 16.53  Statutes, section 401.10. 
 16.54  $4,000,000 the second year is for 
 16.55  juvenile residential treatment grants 
 16.56  to counties to defray the cost of 
 16.57  juvenile residential treatment.  Eighty 
 16.58  percent of this appropriation must be 
 16.59  distributed to noncommunity corrections 
 16.60  act counties and 20 percent must be 
 16.61  distributed to community corrections 
 17.1   act counties.  The commissioner shall 
 17.2   distribute the money according to the 
 17.3   formula contained in Minnesota 
 17.4   Statutes, section 401.10.  By January 
 17.5   15, counties must submit a report to 
 17.6   the commissioner describing the 
 17.7   purposes for which the grants were used.
 17.8   $60,000 the first year and $60,000 the 
 17.9   second year are for the electronic 
 17.10  alcohol monitoring of DWI and domestic 
 17.11  abuse offenders pilot program. 
 17.12  $123,000 each year shall be distributed 
 17.13  to the Dodge-Fillmore-Olmsted community 
 17.14  corrections agency and $124,000 each 
 17.15  year shall be distributed to the 
 17.16  Arrowhead regional corrections agency 
 17.17  for use in a pilot project to expand 
 17.18  the agencies' productive day initiative 
 17.19  programs, as defined in Minnesota 
 17.20  Statutes, section 241.275, to include 
 17.21  juvenile offenders who are 16 years of 
 17.22  age and older.  This is a one-time 
 17.23  appropriation. 
 17.24  $2,000,000 the first year and 
 17.25  $2,000,000 the second year are for a 
 17.26  statewide probation and supervised 
 17.27  release caseload and workload reduction 
 17.28  grant program.  Counties that deliver 
 17.29  correctional services through Minnesota 
 17.30  Statutes, chapter 260, and that qualify 
 17.31  for new probation officers under this 
 17.32  program shall receive full 
 17.33  reimbursement for the officers' 
 17.34  salaries and reimbursement for the 
 17.35  officers' benefits and support as set 
 17.36  forth in the probations standards task 
 17.37  force report, not to exceed $70,000 per 
 17.38  officer annually.  Positions funded by 
 17.39  this appropriation may not supplant 
 17.40  existing services.  Position control 
 17.41  numbers for these positions must be 
 17.42  annually reported to the commissioner 
 17.43  of corrections. 
 17.44  The commissioner shall distribute money 
 17.45  appropriated for state and county 
 17.46  probation officer caseload and workload 
 17.47  reduction, increased intensive 
 17.48  supervised release and probation 
 17.49  services, and county probation officer 
 17.50  reimbursement according to the formula 
 17.51  contained in Minnesota Statutes, 
 17.52  section 401.10.  These appropriations 
 17.53  may not be used to supplant existing 
 17.54  state or county probation officer 
 17.55  positions or existing correctional 
 17.56  services or programs.  The money 
 17.57  appropriated under this provision is 
 17.58  intended to reduce state and county 
 17.59  probation officer caseload and workload 
 17.60  overcrowding and to increase 
 17.61  supervision of individuals sentenced to 
 17.62  probation at the county level.  This 
 17.63  increased supervision may be 
 17.64  accomplished through a variety of 
 17.65  methods, including but not limited to:  
 17.66  (1) innovative technology services, 
 17.67  such as automated probation reporting 
 18.1   systems and electronic monitoring; (2) 
 18.2   prevention and diversion programs; (3) 
 18.3   intergovernmental cooperation 
 18.4   agreements between local governments 
 18.5   and appropriate community resources; 
 18.6   and (4) traditional probation program 
 18.7   services. 
 18.8   $700,000 the first year and $700,000 
 18.9   the second year are for grants to 
 18.10  judicial districts for the 
 18.11  implementation of innovative projects 
 18.12  to improve the administration of 
 18.13  justice, including, but not limited to, 
 18.14  drug courts, night courts, community 
 18.15  courts, family courts, and projects 
 18.16  emphasizing early intervention and 
 18.17  coordination of justice system 
 18.18  resources in the resolution of cases.  
 18.19  Of this amount, up to $25,000 may be 
 18.20  used to develop a gun education 
 18.21  curriculum under article 2.  This is a 
 18.22  one-time appropriation. 
 18.23  During fiscal year 1998, up to $500,000 
 18.24  of unobligated funds available under 
 18.25  Minnesota Statutes, section 401.10, 
 18.26  subdivision 2, from fiscal year 1997 
 18.27  may be used for a court services 
 18.28  tracking system for the counties.  
 18.29  Notwithstanding Minnesota Statutes, 
 18.30  section 401.10, subdivision 2, these 
 18.31  funds are available for use in any 
 18.32  county using the court services 
 18.33  tracking system. 
 18.34  Before the commissioner uses money that 
 18.35  would otherwise cancel to the general 
 18.36  fund for the court services tracking 
 18.37  system, the proposal for the system 
 18.38  must be reviewed by the criminal and 
 18.39  juvenile justice information policy 
 18.40  group. 
 18.41  $52,500 of the amount appropriated to 
 18.42  the commissioner in Laws 1995, chapter 
 18.43  226, article 1, section 11, subdivision 
 18.44  3, for the criterion-related 
 18.45  cross-validation study is available 
 18.46  until January 1, 1998.  The study must 
 18.47  be completed by January 1, 1998. 
 18.48  Subd. 5.  Crime Victim and
 18.49  Prevention Services
 18.50      10,199,000     10,319,000 
 18.51  $50,000 the first year is to make 
 18.52  grants, with the assistance of the 
 18.53  crime victim prevention division, to 
 18.54  organizations or local units of 
 18.55  government providing support services 
 18.56  to women leaving systems of 
 18.57  prostitution.  Grantees must provide an 
 18.58  equal funding match.  This is a 
 18.59  one-time appropriation. 
 18.60  $103,000 the second year is to provide 
 18.61  funding for one existing battered 
 18.62  women's shelter in Washington county 
 18.63  that currently is not funded; and 
 19.1   $104,000 the second year is for one 
 19.2   existing battered women's shelter in 
 19.3   Goodhue county that currently is not 
 19.4   funded. 
 19.5   During the biennium ending June 30, 
 19.6   1999, when awarding grants for victim's 
 19.7   programs and services, the commissioner 
 19.8   shall give priority to geographic areas 
 19.9   that are unserved or underserved by 
 19.10  programs or services. 
 19.11  $30,000 each year is for grants to the 
 19.12  city of St. Paul to provide support 
 19.13  services to the surviving family 
 19.14  members of homicide, suicide, and 
 19.15  accidental death victims.  This is a 
 19.16  one-time appropriation. 
 19.17  $55,000 the first year is for grants to 
 19.18  the Hennepin and Ramsey county 
 19.19  attorneys' offices to improve the 
 19.20  education of landlords and tenants on 
 19.21  best practices in the rental market.  
 19.22  This is a one-time appropriation. 
 19.23  The commissioner of corrections shall 
 19.24  use dedicated receipts to implement a 
 19.25  victim notification system designed to 
 19.26  reduce the probability of further 
 19.27  harassment of the victim.  The system 
 19.28  must allow the victim to make toll-free 
 19.29  calls to a call center and obtain 
 19.30  information about inmates regarding 
 19.31  their current status and location. 
 19.32  Subd. 6.  Management Services  
 19.33       9,271,000      9,459,000
 19.34  Sec. 13.  CORRECTIONS OMBUDSMAN          565,000        580,000
 19.35  Sec. 14.  SENTENCING GUIDELINES
 19.36  COMMISSION                               435,000        445,000 
 19.37  Sec. 15.  HUMAN RIGHTS
 19.38  Subdivision 1.  Total
 19.39  Appropriation                          3,763,000      3,790,000 
 19.40  By July 1, 1997, and every six months 
 19.41  thereafter, the commissioner shall 
 19.42  report the following information to the 
 19.43  chairs of the senate and house 
 19.44  divisions having jurisdiction over 
 19.45  criminal justice funding and the chairs 
 19.46  of the senate judiciary committee and 
 19.47  the house civil and family law division:
 19.48  (1) the number of cases filed and the 
 19.49  percentage still open; 
 19.50  (2) the distribution of filed cases by 
 19.51  alleged area and basis of 
 19.52  discrimination; 
 19.53  (3) the number of open cases in the 
 19.54  department's inventory and an inventory 
 19.55  breakdown by case age; 
 19.56  (4) the average caseload per full-time 
 20.1   enforcement officer; 
 20.2   (5) the number of cases closed during 
 20.3   the preceding six months; 
 20.4   (6) the breakdown of closed cases, 
 20.5   including the percentages that were 
 20.6   dismissed, withdrawn, closed after a 
 20.7   probable cause determination, closed 
 20.8   after no probable cause was found, or 
 20.9   settled; 
 20.10  (7) the average length of time to 
 20.11  dismiss a case; 
 20.12  (8) the average length of time to issue 
 20.13  a probable cause determination; 
 20.14  (9) the number and percentage of filed 
 20.15  cases in the preceding six months 
 20.16  recommended for ADR; 
 20.17  (10) the number of cases resolved in 
 20.18  ADR and the average length of time in 
 20.19  ADR; and 
 20.20  (11) the number of cases returned from 
 20.21  ADR for department investigation. 
 20.22  Subd. 2.  Contract Compliance
 20.23         386,000        395,000 
 20.24  Subd. 3.  Complaint Processing
 20.25       2,675,000      2,679,000 
 20.26  $50,000 the first year is for a program 
 20.27  for testing whether the Human Rights 
 20.28  Act, Minnesota Statutes, chapter 363, 
 20.29  is being complied with in the area of 
 20.30  rental housing.  The program must 
 20.31  include tests to determine the 
 20.32  frequency of incidents of racial 
 20.33  discrimination.  The department shall 
 20.34  report to the chairs of the senate and 
 20.35  house divisions having jurisdiction 
 20.36  over criminal justice funding and the 
 20.37  chairs of the senate judiciary 
 20.38  committee and house civil and family 
 20.39  law division by January 1, 1998, on the 
 20.40  results and effectiveness of the 
 20.41  program.  This is a one-time 
 20.42  appropriation. 
 20.43  Subd. 4.  Management Services and
 20.44  Administration 
 20.45         702,000        716,000 
 20.46  Sec. 16.  UNIFORM LAWS COMMISSION         35,000         36,000 
 20.47  Sec. 17.  ECONOMIC SECURITY              650,000        650,000 
 20.48  $650,000 the first year and $650,000 
 20.49  the second year are for grants to 
 20.50  cities of the first class and to cities 
 20.51  that are contiguous to cities of the 
 20.52  first class in greater Minnesota, that 
 20.53  demonstrate a need for creating and 
 20.54  expanding curfew enforcement, truancy 
 21.1   prevention, and pretrial diversion 
 21.2   programs.  Programs funded under this 
 21.3   provision must have clearly established 
 21.4   neighborhood, community, and family 
 21.5   outcome measures of success and must 
 21.6   report to the commissioner on the 
 21.7   achievement of these outcomes on or 
 21.8   before June 30, 1999.  This 
 21.9   appropriation may not be added to the 
 21.10  department's budget base for the 
 21.11  2000-2001 biennium. 
 21.12  Sec. 18.  ATTORNEY GENERAL               125,000        125,000 
 21.13  $125,000 each year is for a grant to 
 21.14  the DARE advisory council to be used to 
 21.15  continue existing education programs in 
 21.16  elementary schools and to expand the 
 21.17  program into junior and senior high 
 21.18  schools.  This is a one-time 
 21.19  appropriation. 
 21.20  Sec. 19.  DEFICIENCY APPROPRIATION
 21.21                Fiscal Year 1997
 21.22  General           1,393,000
 21.23  This appropriation for fiscal year 1997 
 21.24  is added to the appropriation in Laws 
 21.25  1995, chapter 226, article 1, section 
 21.26  7, subdivision 2, to provide matching 
 21.27  funds for federal emergency management 
 21.28  assistance funds received for natural 
 21.29  disaster assistance payments. 
 21.30     Sec. 20.  [PLAN FOR FUNDING CRIME VICTIM SERVICES.] 
 21.31     The commissioners of the departments of corrections and 
 21.32  public safety will provide a report to the chairs of the house 
 21.33  judiciary finance division and the senate crime prevention and 
 21.34  judiciary finance division by February 1, 1998.  The report will 
 21.35  contain a comprehensive coordinated plan for establishing and 
 21.36  funding statewide services for battered women, sexual assault, 
 21.37  and general crime victims. 
 21.38     Sec. 21.  [YEAR 2000 READY.] 
 21.39     Any computer software or hardware that is purchased with 
 21.40  money appropriated in this article must be year 2000 ready. 
 21.41                             ARTICLE 2
 21.42           CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
 21.43     Section 1.  Minnesota Statutes 1996, section 299C.065, 
 21.44  subdivision 1, is amended to read: 
 21.45     Subdivision 1.  [GRANTS.] The commissioner of public safety 
 21.46  shall make grants to local officials for the following purposes: 
 21.47     (1) the cooperative investigation of cross jurisdictional 
 22.1   criminal activity relating to the possession and sale of 
 22.2   controlled substances; 
 22.3      (2) receiving or selling stolen goods; 
 22.4      (3) participating in gambling activities in violation of 
 22.5   section 609.76; 
 22.6      (4) violations of section 609.322, 609.323, or any other 
 22.7   state or federal law prohibiting the recruitment, 
 22.8   transportation, or use of juveniles for purposes of 
 22.9   prostitution; and 
 22.10     (5) for partial reimbursement of local costs associated 
 22.11  with unanticipated, intensive, long-term, multijurisdictional 
 22.12  criminal investigations that exhaust available local resources, 
 22.13  except that the commissioner may not reimburse the costs of a 
 22.14  local investigation involving a child who is reported to be 
 22.15  missing and endangered unless the law enforcement agency 
 22.16  complies with section 299C.53 and the agency's own investigative 
 22.17  policy; and 
 22.18     (6) for partial reimbursement of local costs associated 
 22.19  with criminal investigations into the activities of violent 
 22.20  criminal gangs and gang members. 
 22.21     Sec. 2.  Laws 1995, chapter 226, article 2, section 37, 
 22.22  subdivision 2, is amended to read: 
 22.23     Subd. 2.  [PILOT PROGRAM ESTABLISHED.] In cooperation with 
 22.24  the conference of chief judges, the state court administrator, 
 22.25  and the commissioner of public safety, the commissioner of 
 22.26  corrections shall establish a three-year pilot program to 
 22.27  evaluate the effectiveness of using breath analyzer units to 
 22.28  monitor DWI and domestic abuse offenders who are ordered to 
 22.29  abstain from alcohol use as a condition of pretrial release, 
 22.30  supervised release, or probation.  The pilot program must 
 22.31  include procedures ensuring that violators of this condition of 
 22.32  release receive swift consequences for the violation. 
 22.33     The commissioner of corrections shall select at least two 
 22.34  judicial districts to participate in the pilot program.  
 22.35  Offenders who are ordered to use a breath analyzer unit shall 
 22.36  also be ordered to pay the per diem cost of the monitoring 
 23.1   unless the offender is indigent.  The commissioner of 
 23.2   corrections shall reimburse the judicial districts for any costs 
 23.3   the districts incur in participating in the program. 
 23.4      After three years, the commissioner of corrections shall 
 23.5   evaluate the effectiveness of the program and shall report the 
 23.6   results of this evaluation to the conference of chief judges, 
 23.7   the state court administrator, the commissioner of public 
 23.8   safety, and the chairs of the house of representatives and 
 23.9   senate committees having jurisdiction over criminal justice 
 23.10  policy and finance. 
 23.11     Sec. 3.  [GANG INTERVENTION SERVICES; PILOT GRANT PROGRAM.] 
 23.12     Subdivision 1.  [GANG INTERVENTION.] The commissioner of 
 23.13  corrections shall develop and administer a gang intervention 
 23.14  pilot grant program to provide services to young persons who are 
 23.15  interested in terminating their gang affiliation.  This program 
 23.16  shall assist local organizations engaged in helping gang members 
 23.17  separate themselves from their gang affiliation by providing 
 23.18  services to former members of criminal gangs.  The commissioner 
 23.19  shall develop a grant application that specifies the eligibility 
 23.20  criteria for receiving grants and sets a formula for the match 
 23.21  requirement. 
 23.22     Subd. 2.  [ELIGIBILITY FOR GRANTS.] A local organization 
 23.23  must meet the following criteria to be eligible for a grant 
 23.24  under the program: 
 23.25     (1) it must be a private, nonprofit organization or a local 
 23.26  public agency; 
 23.27     (2) it must offer and provide to clients of the program 
 23.28  services to help gang members terminate their affiliation with 
 23.29  gangs, including educational opportunities, job skill 
 23.30  development, life skills, community service, medical services, 
 23.31  and counseling; and 
 23.32     (3) it must provide matching funds or in-kind services in 
 23.33  compliance with the formula set by the commissioner of 
 23.34  corrections. 
 23.35     Subd. 3.  [ELIGIBILITY FOR SERVICES.] A person who seeks to 
 23.36  receive services under this section must meet the following 
 24.1   criteria: 
 24.2      (1) at the time the person is accepted into the program, 
 24.3   the person must not be older than 25 years of age or be under 
 24.4   the custody of the commissioner of corrections; 
 24.5      (2) the person must not have received substantially similar 
 24.6   services previously from the grant program or any other publicly 
 24.7   funded program; 
 24.8      (3) the person must be employable, as determined by the 
 24.9   grantee organization; and 
 24.10     (4) the person must agree to comply with all of the program 
 24.11  participation requirements established by the grantee 
 24.12  organization, including performing any required community 
 24.13  service. 
 24.14     Subd. 4.  [REPORT TO LEGISLATURE.] On or before January 15, 
 24.15  1999, the commissioner of corrections shall submit a report to 
 24.16  the chairs of the senate and house divisions having jurisdiction 
 24.17  over criminal justice funding evaluating the operating of the 
 24.18  pilot grant program established in this section. 
 24.19     Sec. 4.  [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.] 
 24.20     Subdivision 1.  [ESTABLISHMENT.] A pilot project is created 
 24.21  in Ramsey county to establish and implement an enhanced 
 24.22  probation law enforcement community partnership program.  This 
 24.23  program will provide intensive monitoring and coordination 
 24.24  between juvenile probation officers, local law enforcement 
 24.25  personnel, and culturally specific community nonprofit agencies 
 24.26  to best deal with juvenile probationers who have committed or 
 24.27  who are at risk to commit violent crimes, especially likely to 
 24.28  involve weapons, and who are associated with gang and drug 
 24.29  activities in Ramsey county.  
 24.30     Subd. 2.  [PILOT PROJECT.] (a) The pilot project is a local 
 24.31  Ramsey county community-based program designed to discourage 
 24.32  young people from involvement in unlawful drug or street gang 
 24.33  activities usually involving violence and weapons.  It will 
 24.34  provide a bridge among the law enforcement, corrections, and 
 24.35  culturally-specific, community-based programs designed to 
 24.36  provide a more intensive intervention effort, including during 
 25.1   evenings and weekends, with juvenile offenders on probation who 
 25.2   are identified as likely to engage in repeated criminal activity 
 25.3   in the future unless intervention is undertaken through 
 25.4   intensive surveillance, accountable consequences for probation 
 25.5   violations, and the use of culturally-sensitive treatment 
 25.6   programs that are innovative and that encourage substantial 
 25.7   involvement by members of the community served by the program. 
 25.8      (b) This is a pilot project for Ramsey county, the city of 
 25.9   St. Paul, and other local law enforcement agencies along with 
 25.10  nonprofit community-based entities who may apply for a grant by 
 25.11  submitting an application to Ramsey county for a portion of the 
 25.12  state funding. 
 25.13     (c) The applicant nonprofit community-based entities must 
 25.14  specify the following in their applications: 
 25.15     (1) a description of each program for which funding is 
 25.16  sought; 
 25.17     (2) intended outcomes and performance indicators for the 
 25.18  program; 
 25.19     (3) a description of the planning process that identifies 
 25.20  local community needs, surveys existing programs, provides for 
 25.21  coordination with existing programs, and involves all affected 
 25.22  sectors of the community; 
 25.23     (4) the geographical area to be served by the program; and 
 25.24     (5) the culturally-specific group to be served. 
 25.25     Subd. 3.  [REPORT ON PILOT PROJECT.] Ramsey county shall 
 25.26  provide a summary of how the grant funds are spent and the 
 25.27  extent to which the objectives of the program are achieved.  The 
 25.28  summary is to be submitted to the chairs of the committees of 
 25.29  the senate and house of representatives with jurisdiction over 
 25.30  criminal justice policy and funding of crime prevention 
 25.31  programs, by March 1 each year, based on the information 
 25.32  provided by applicants under this section and the results of the 
 25.33  enforcement efforts of the joint police-probation officer teams. 
 25.34     Sec. 5.  [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 
 25.35  DAKOTA AND ANOKA COUNTIES.] 
 25.36     Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
 26.1   1997, the commissioner of corrections shall establish 
 26.2   school-based probation pilot projects in Dakota and Anoka 
 26.3   counties. 
 26.4      Subd. 2.  [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and 
 26.5   Anoka counties shall each select one middle or junior high 
 26.6   school and one high school to participate in the school-based 
 26.7   probation pilot project.  Each county may select one additional 
 26.8   middle, junior high, or high school for a total of no more than 
 26.9   three schools in each county.  Each county shall select as 
 26.10  participating schools those schools which are able to provide 
 26.11  necessary support for the program, such as office space, access 
 26.12  to the building during nonschool hours, and a willingness to 
 26.13  develop alternative disciplinary responses.  Each school-based 
 26.14  probation program established shall contain a probation officer 
 26.15  located at the school who is available to help the school 
 26.16  address behavioral incidents in the school by probationers.  The 
 26.17  probation officer shall help in:  
 26.18     (1) conducting cognitive/behavioral group sessions along 
 26.19  with school personnel providing cofacilitation assistance; 
 26.20     (2) developing and administering alternatives to school 
 26.21  discipline actions such as suspension, which may include 
 26.22  mediation, community service, or home confinement; 
 26.23     (3) working more closely with the school and communicating 
 26.24  with and engaging the family's support of the juvenile's school 
 26.25  work and behavior; and 
 26.26     (4) referring and brokering with other schools' services to 
 26.27  align the probationer and the probationer's family with needed 
 26.28  services. 
 26.29     Subd. 3.  [DATA PRACTICES.] Data created, collected, used, 
 26.30  or maintained by school-based probation officers and school 
 26.31  officials participating in this pilot project are private data 
 26.32  on individuals as defined in Minnesota Statutes, section 13.02, 
 26.33  subdivision 12, and may be disseminated among personnel working 
 26.34  with the school-based probation project and as follows: 
 26.35     (1) pursuant to Minnesota Statutes, section 13.05; 
 26.36     (2) pursuant to a valid court order; 
 27.1      (3) pursuant to a statute specifically authorizing access 
 27.2   to the private data; 
 27.3      (4) as allowed in Code of Federal Regulations, title 34, 
 27.4   part 99; or 
 27.5      (5) within the participating school district or educational 
 27.6   entity as necessary to protect persons or property or to address 
 27.7   the educational and other needs of students. 
 27.8      Subd. 4.  [REPORT REQUIRED.] By January 15, 1999, the 
 27.9   commissioner of corrections shall report to the chairs of the 
 27.10  senate and house of representatives committees having 
 27.11  jurisdiction over criminal justice policy on the effectiveness 
 27.12  of the pilot project and any school-based probation programs 
 27.13  created under this section.  The report shall address the 
 27.14  effectiveness of the pilot project by measuring reduction in 
 27.15  school suspensions, improvement in grades, reduction of truant 
 27.16  behavior, reduction in number and severity of delinquent 
 27.17  behaviors, increase in number who return to school, and increase 
 27.18  in number who succeed in school. 
 27.19     Sec. 6.  [WORKING GROUP ON RESTITUTION.] 
 27.20     Subdivision 1.  [CREATION; DUTIES.] A working group is 
 27.21  created to study methods to improve the collection of 
 27.22  restitution and the enforcement of restitution orders for repeat 
 27.23  offenders.  The working group must consider the feasibility of: 
 27.24     (1) incarcerating offenders who have been convicted two or 
 27.25  more times of committing an offense for which restitution to a 
 27.26  victim, as defined in Minnesota Statutes, section 611A.01, or to 
 27.27  society is owed or should be paid, including but not limited to 
 27.28  violations of Minnesota Statutes, sections 169.121 (DWI) or 
 27.29  169.129 (aggravated DWI); 609.375 (nonpayment of child support); 
 27.30  609.52 (theft); 609.561 to 609.563 (arson); or 609.582 
 27.31  (burglary); 
 27.32     (2) requiring these inmates to work at a fair market wage; 
 27.33  and 
 27.34     (3) enabling inmates to first pay restitution to their 
 27.35  victims, after satisfying any outstanding or ongoing child 
 27.36  support or spousal maintenance obligations, and secondly, to pay 
 28.1   the operating costs of their confinement, including the costs of 
 28.2   any privileges, treatment, or services received by the inmates 
 28.3   in the facility. 
 28.4      Subd. 2.  [MEMBERSHIP.] The working group consists of the 
 28.5   following 14 members: 
 28.6      (1) the commissioner of corrections or the commissioner's 
 28.7   designee; 
 28.8      (2) two district court judges appointed by the chief 
 28.9   justice, one from the metropolitan area, and one from outside 
 28.10  the metropolitan area; 
 28.11     (3) the ombudsman for crime victims; 
 28.12     (4) the ombudsman for corrections; 
 28.13     (5) a representative of the Minnesota association of 
 28.14  community corrections act counties appointed by the president of 
 28.15  the association; 
 28.16     (6) a representative of the Minnesota association of county 
 28.17  probation officers appointed by the president of the 
 28.18  association; 
 28.19     (7) two members of the house of representatives appointed 
 28.20  by the speaker, and two members of the senate appointed by the 
 28.21  subcommittee on committees.  These appointments must be made in 
 28.22  a manner that ensures a fair representation of viewpoints on 
 28.23  business and labor issues; 
 28.24     (8) one crime victim appointed by the crime victim and 
 28.25  witness advisory council; 
 28.26     (9) one representative of the business community appointed 
 28.27  by the commissioner of corrections after consultation with the 
 28.28  Minnesota business partnership and the Minnesota chamber of 
 28.29  commerce; and 
 28.30     (10) one representative of labor unions appointed by the 
 28.31  commissioner of corrections after consultation with public and 
 28.32  private labor organizations from the affiliated membership of 
 28.33  the Minnesota AFL-CIO. 
 28.34     The commissioner of corrections or the commissioner's 
 28.35  designee shall chair and provide necessary staff support to the 
 28.36  working group. 
 29.1      Subd. 3.  [ADDITIONAL DUTIES.] (a) The working group shall 
 29.2   study the feasibility of and develop recommendations concerning 
 29.3   guidelines for sentencing courts to use when sentencing 
 29.4   offenders to incarceration and when ordering offenders to pay 
 29.5   restitution to crime victims or to the public. 
 29.6      (b) The working group shall investigate whether it would be 
 29.7   feasible for the state to enter into a long-term contract with 
 29.8   one or more business entities under which the business entity 
 29.9   would employ inmates at a fair market wage.  The commissioner of 
 29.10  corrections would ensure that inmates use the wages they earn to 
 29.11  pay restitution to their victims according to restitution 
 29.12  guidelines approved by the chairs of the house and senate 
 29.13  committees and divisions having jurisdiction over criminal 
 29.14  justice funding and policy, and to pay the costs of their 
 29.15  confinement.  Based on this investigation, the working group 
 29.16  shall make recommendations to the legislature by February 1, 
 29.17  1998, regarding the type of business entity or entities with 
 29.18  which the state could contract to operate an industry program. 
 29.19     (c) The working group shall examine current methods of 
 29.20  collecting restitution and determine whether there are better 
 29.21  ways of collecting restitution and enforcing restitution orders 
 29.22  within the current criminal justice system. 
 29.23     Sec. 7.  [PILOT PROGRAM; JUVENILE GUN OFFENDERS.] 
 29.24     A pilot program is established in Hennepin county for 
 29.25  juveniles who are found delinquent for illegally possessing a 
 29.26  pistol.  Under this pilot program, judges may order that these 
 29.27  juveniles be committed to a local county correctional facility 
 29.28  for not less than 30 days, and that 23 days of this commitment 
 29.29  be stayed on condition that the juvenile reside in a juvenile 
 29.30  correctional facility for at least seven days and successfully 
 29.31  complete a 40-hour course on gun education provided by the 
 29.32  facility.  The court must revoke the stay of commitment if the 
 29.33  juvenile fails to complete the gun education course.  The county 
 29.34  shall submit a report to the legislature by January 1, 1999, 
 29.35  evaluating the pilot program. 
 29.36     Sec. 8.  [HENNEPIN AND RAMSEY COUNTIES COMMUNITY SERVICE 
 30.1   GRANT PROGRAM PILOT PROJECTS.] 
 30.2      Subdivision 1.  [GRANT PROGRAM.] Hennepin and Ramsey 
 30.3   counties shall each establish and administer a pilot project 
 30.4   grant program to fund community-based programs in high-crime 
 30.5   areas that provide opportunities for children under age 16 to 
 30.6   volunteer for and perform community service.  Programs 
 30.7   qualifying for grants must encourage responsibility and good 
 30.8   citizenship on the part of participating children and discourage 
 30.9   them from engaging in illegal activities or associating with 
 30.10  criminal gangs.  Programs receiving grants may provide children 
 30.11  who perform community service with appropriate nonmonetary 
 30.12  rewards including, but not limited to, partial scholarships for 
 30.13  post-secondary education, gift certificates, tickets for 
 30.14  entertainment, parties, and group outings. 
 30.15     Subd. 2.  [ELIGIBILITY CRITERIA.] Hennepin and Ramsey 
 30.16  counties shall establish criteria for determining the 
 30.17  community-based programs eligible for grants under subdivision 
 30.18  1.  Eligible programs must: 
 30.19     (1) have a broad network of established economic and social 
 30.20  relationships within the community and with local governmental 
 30.21  units; 
 30.22     (2) represent a broad range of diversity; 
 30.23     (3) have demonstrated an ability to administer 
 30.24  community-based programs and have a history of successful 
 30.25  community organizing; 
 30.26     (4) have a proven history of properly supervising and 
 30.27  successfully interacting with juveniles; and 
 30.28     (5) have demonstrated an ability to work with parents of 
 30.29  juveniles and schools. 
 30.30     Sec. 9.  [FIREFIGHTER TRAINING STUDY COMMITTEE.] 
 30.31     Subdivision 1.  [MEMBERSHIP; CHAIR.] (a) The firefighter 
 30.32  training study committee consists of: 
 30.33     (1) two representatives of the Minnesota state fire chiefs 
 30.34  association, appointed by the president of the association; 
 30.35     (2) two representatives of the Minnesota professional 
 30.36  firefighters, appointed by the president of the organization; 
 31.1      (3) four representatives of the Minnesota state fire 
 31.2   department association, at least two of whom are volunteer 
 31.3   firefighters serving a city or area with a population under 
 31.4   10,000 outside the seven-county metropolitan area, appointed by 
 31.5   the president of the organization; 
 31.6      (4) two representatives of the league of Minnesota cities, 
 31.7   appointed by the president of the league; 
 31.8      (5) the director of the Minnesota state colleges and 
 31.9   universities FIRE/EMS center, or the director's designee; 
 31.10     (6) a public member, appointed by the governor; 
 31.11     (7) an employee of the department of labor and industry 
 31.12  whose responsibilities include fire-related occupational safety 
 31.13  and health activities, appointed by the commissioner of labor 
 31.14  and industry; 
 31.15     (8) the commissioner of public safety or the commissioner's 
 31.16  designee; 
 31.17     (9) two members of the house of representatives, one from 
 31.18  each caucus; one representing a district within the metropolitan 
 31.19  area as defined in Minnesota Statutes, section 473.121, 
 31.20  subdivision 2, and the other representing a district outside the 
 31.21  metropolitan area, appointed by the speaker; and 
 31.22     (10) two members of the senate, one from each caucus; one 
 31.23  representing a district within the metropolitan area as defined 
 31.24  in Minnesota Statutes, section 473.121, subdivision 2, and the 
 31.25  other representing a district outside the metropolitan area, 
 31.26  appointed by the subcommittee on committees of the committee on 
 31.27  rules and administration. 
 31.28     (b) The committee shall elect a chair from the members. 
 31.29     Subd. 2.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
 31.30  public safety shall provide necessary administrative and staff 
 31.31  support to the committee. 
 31.32     Subd. 3.  [COMPENSATION.] Committee members who are not 
 31.33  public officials or employees are entitled to reimbursement for 
 31.34  expenses in accordance with Minnesota Statutes, section 15.059, 
 31.35  subdivision 6.  Legislative members are entitled to compensation 
 31.36  in accordance with rules of the house of representatives and the 
 32.1   senate. 
 32.2      Subd. 4.  [DUTIES.] (a) The committee shall: 
 32.3      (1) review findings and recommendations of the joint 
 32.4   advisory training committee formed by the Minnesota state fire 
 32.5   department association, the Minnesota state fire chiefs 
 32.6   association, and the Minnesota professional firefighters; 
 32.7      (2) conduct further study of firefighter training needs and 
 32.8   options; 
 32.9      (3) consider current funding for firefighter training, 
 32.10  determine any need for additional funding, and recommend 
 32.11  possible sources of the funding; 
 32.12     (4) consider the current delivery system for firefighter 
 32.13  training, including statewide coordinating of training, and any 
 32.14  needed improvements; 
 32.15     (5) consider the selection and evaluation of training 
 32.16  instructors and any needed improvements; 
 32.17     (6) study levels of service delivery and any need for 
 32.18  standardized training; 
 32.19     (7) consider federal and state laws and standards that 
 32.20  affect firefighter training; 
 32.21     (8) determine a fair system for reimbursing local 
 32.22  jurisdictions for training programs; and 
 32.23     (9) consider the need for centralized administrative 
 32.24  direction of training programs. 
 32.25     (b) The committee shall conduct at least three, but no more 
 32.26  than five, public meetings around the state to gather public 
 32.27  input relevant to paragraph (a).  Before submitting the report 
 32.28  required by subdivision 5, the committee shall prepare and 
 32.29  disseminate a draft report and seek public comment on it.  A 
 32.30  record of comment received must be kept and submitted along with 
 32.31  the report required by subdivision 5.  At least one-half of the 
 32.32  meetings must take place outside the seven-county metropolitan 
 32.33  area. 
 32.34     Subd. 5.  [REPORT.] The committee shall submit a report and 
 32.35  its recommendations to the chairs of the senate and house 
 32.36  committees or divisions having jurisdiction over criminal 
 33.1   justice policy and funding by February 1, 1998.  The report must 
 33.2   identify any changes in statutes required to implement the 
 33.3   committee's recommendations.  The committee expires upon 
 33.4   submission of the report. 
 33.5      Subd. 6.  [LOCAL COOPERATION.] Local government units shall 
 33.6   cooperate with the committee in the preparation of the report 
 33.7   required by subdivision 5. 
 33.8      Sec. 10.  [BOARD ON JUDICIAL STANDARDS; AWARD OF COSTS AND 
 33.9   ATTORNEY FEES.] 
 33.10     Subdivision 1.  [AWARD.] The board on judicial standards 
 33.11  may award reasonable costs and attorney fees to a judge if: 
 33.12     (1) a formal hearing under the Minnesota Rules of the Board 
 33.13  on Judicial Standards, rule 10, was held on the charges against 
 33.14  the judge; 
 33.15     (2) the findings and recommendations of the panel concluded 
 33.16  that the judge did not use the judicial office to advance a 
 33.17  personal or private goal and that the judge was acting on 
 33.18  matters of concern to the judge in the judge's official 
 33.19  capacity; 
 33.20     (3) the findings and recommendations of the panel concluded 
 33.21  that the case served a public purpose by increasing public 
 33.22  awareness of the judicial system and the problems with which it 
 33.23  is faced; and 
 33.24     (4) the board dismissed the charges and found that the 
 33.25  judge did not violate the rules of judicial conduct, judicial 
 33.26  standards, or professional conduct. 
 33.27     Subd. 2.  [APPLICATION.] A judge against whom charges have 
 33.28  previously been dismissed may apply to the board on judicial 
 33.29  standards for an award of costs and attorney fees under 
 33.30  subdivision 1. 
 33.31     Sec. 11.  [RESTORATIVE JUSTICE PROGRAMS.] 
 33.32     A local governmental unit may establish a restorative 
 33.33  justice program.  A restorative justice program is a program 
 33.34  that provides forums that may be an alternative to prosecution 
 33.35  where certain individuals charged with having committed a crime 
 33.36  meet with the victim; the victim's family members or other 
 34.1   supportive persons, if appropriate; the offender's family 
 34.2   members or other supportive persons, if appropriate; a law 
 34.3   enforcement official or prosecutor when appropriate; and members 
 34.4   of the community, in order to: 
 34.5      (1) discuss the impact of the offense on the victim and the 
 34.6   community; 
 34.7      (2) assign an appropriate sanction to the offender; and 
 34.8      (3) provide methods for reintegrating the offender into the 
 34.9   community when the offender is from the community. 
 34.10     Sec. 12.  [FAMILY VIOLENCE COORDINATING COUNCILS.] 
 34.11     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A judicial 
 34.12  district may establish a family violence coordinating council 
 34.13  for the purpose of promoting innovative efforts to deal with 
 34.14  family violence issues.  A coordinating council shall establish 
 34.15  and promote interdisciplinary programs and initiatives to 
 34.16  coordinate public and private legal and social services and law 
 34.17  enforcement, prosecutorial, and judicial activities. 
 34.18     Subd. 2.  [MEMBERSHIP.] The chief judge shall appoint the 
 34.19  members of a family violence coordinating council.  Members must 
 34.20  include representatives of the following groups: 
 34.21     (1) judges, court administrators, and probation 
 34.22  authorities; 
 34.23     (2) domestic abuse advocates and others who provide social 
 34.24  services to adult and child victims of domestic abuse and 
 34.25  perpetrators of domestic abuse; 
 34.26     (3) health care and mental health care providers; 
 34.27     (4) law enforcement and prosecutors; 
 34.28     (5) public defenders and legal aid; 
 34.29     (6) educators and child protection workers; and 
 34.30     (7) public officials and other public organizations. 
 34.31     Subd. 3.  [PLAN.] A family violence coordinating council 
 34.32  shall develop a plan for coordinating activities of its 
 34.33  membership relating to family violence issues and improving 
 34.34  activities and services, including: 
 34.35     (1) interdisciplinary training and systemic approaches to 
 34.36  family violence issues; 
 35.1      (2) identification of current weaknesses in the system and 
 35.2   areas where additional resources are needed, and ways to improve 
 35.3   those components; 
 35.4      (3) promoting public and private partnerships in the 
 35.5   delivery of services and the use of volunteer services; 
 35.6      (4) identification of differences in approaches and needs 
 35.7   in different demographic populations; 
 35.8      (5) developing protocols for investigation and prosecution 
 35.9   of domestic abuse, including issues related to victim 
 35.10  cooperation and interviewing and investigative techniques; 
 35.11     (6) coordination of city and county prosecutorial efforts, 
 35.12  including standards for referral of cases, coordinated 
 35.13  prosecutions, and cross-deputization of prosecutors; 
 35.14     (7) evaluation of dismissal, conviction, and sentencing 
 35.15  levels and practices and relationship to reported incidents of 
 35.16  domestic abuse, cases investigated and prosecuted, and severity 
 35.17  of abuse; and 
 35.18     (8) coordination of family, juvenile, and criminal court 
 35.19  proceedings involving family violence issues. 
 35.20     Subd. 4.  [EVALUATION.] A family violence coordinating 
 35.21  council shall develop a system for evaluating the effectiveness 
 35.22  of its initiatives and programs in improving the coordination of 
 35.23  activities and delivery of services and shall focus on 
 35.24  identifiable goals and outcomes.  An evaluation must include 
 35.25  data components as well as input from individuals involved in 
 35.26  family violence activities and services, victims, and 
 35.27  perpetrators. 
 35.28     Sec. 13.  [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE 
 35.29  COORDINATING COUNCIL PILOT PROGRAM.] 
 35.30     The commissioner of public safety shall make a grant to the 
 35.31  fourth judicial district for the planning of a family violence 
 35.32  coordinating council under section 12.  The grant may be made to 
 35.33  develop a plan and evaluation system under section 12, 
 35.34  subdivisions 3 and 4.  By July 1 of each year, the district 
 35.35  shall report on the activities of the council to the 
 35.36  commissioner.  By January 15, 2000, the commissioner shall 
 36.1   report to the chairs of the senate and house divisions having 
 36.2   jurisdiction over criminal justice funding on the pilot program, 
 36.3   including recommendations for legislation. 
 36.4                              ARTICLE 3
 36.5                       GENERAL CRIME PROVISIONS
 36.6      Section 1.  Minnesota Statutes 1996, section 169.20, 
 36.7   subdivision 5, is amended to read: 
 36.8      Subd. 5.  [EMERGENCY VEHICLE.] (a) Upon the immediate 
 36.9   approach of an authorized emergency vehicle equipped with at 
 36.10  least one lighted lamp exhibiting red light visible under normal 
 36.11  atmospheric conditions from a distance of 500 feet to the front 
 36.12  of such vehicle and, except where otherwise not required by law, 
 36.13  when the driver is giving audible signal by siren, the driver of 
 36.14  each other vehicle shall yield the right-of-way and shall 
 36.15  immediately drive to a position parallel to and as close as 
 36.16  possible to the right-hand edge or curb of the highway clear of 
 36.17  any intersection, and shall stop and remain in this position 
 36.18  until the authorized emergency vehicle has passed, except when 
 36.19  otherwise directed by a police officer.  The driver of another 
 36.20  vehicle on a one-way roadway shall drive to the closest edge or 
 36.21  curb and stop.  The driver of an authorized emergency vehicle 
 36.22  escorting the movement of a vehicle or load which is oversize or 
 36.23  overweight need not sound an audible signal by siren but shall 
 36.24  exhibit the light required by this paragraph.  The driver of 
 36.25  each other vehicle then shall yield the right-of-way, as 
 36.26  required by this paragraph, to the emergency vehicle escorting 
 36.27  the vehicle or load which is oversize or overweight. 
 36.28     (b) Upon the approach of an authorized emergency vehicle 
 36.29  the driver of each street car and the operator of each trackless 
 36.30  trolley car shall immediately stop such car clear of any 
 36.31  intersection and keep it in this position and keep the doors and 
 36.32  gates of the street car or trackless trolley car closed until 
 36.33  the authorized emergency vehicle has passed, except when 
 36.34  otherwise directed by a police officer. 
 36.35     (c) A peace officer may arrest the driver of a motor 
 36.36  vehicle if the peace officer has probable cause to believe that 
 37.1   the driver has operated the vehicle in violation of paragraph 
 37.2   (a) within the four-hour period following the termination of the 
 37.3   emergency incident. 
 37.4      (d) This subdivision shall not operate to relieve the 
 37.5   driver of an authorized emergency vehicle from the duty to drive 
 37.6   with due regard for the safety of persons using the highways. 
 37.7      Sec. 2.  Minnesota Statutes 1996, section 169.797, 
 37.8   subdivision 3, is amended to read: 
 37.9      Subd. 3.  [VIOLATION BY DRIVER.] Any other person who 
 37.10  operates a vehicle upon a public highway, street, or road in 
 37.11  this state who knows or has reason to know that the owner does 
 37.12  not have security complying with the terms of section 65B.48 in 
 37.13  full force and effect is guilty of a crime and shall be 
 37.14  sentenced as provided in subdivision 4. 
 37.15     Sec. 3.  Minnesota Statutes 1996, section 388.23, 
 37.16  subdivision 1, is amended to read: 
 37.17     Subdivision 1.  [AUTHORITY.] The county attorney, or any 
 37.18  deputy or assistant county attorney whom the county attorney 
 37.19  authorizes in writing, has the authority to subpoena and require 
 37.20  the production of any records of telephone companies, cellular 
 37.21  phone companies, paging companies, the names and addresses of 
 37.22  subscribers of private computer networks including Internet 
 37.23  service providers or computer bulletin board systems, electric 
 37.24  companies, gas companies, water utilities, chemical suppliers, 
 37.25  hotels and motels, pawn shops, airlines, buses, taxis, and other 
 37.26  entities engaged in the business of transporting people, and 
 37.27  freight companies, warehousing companies, self-service storage 
 37.28  facilities, package delivery companies, and other entities 
 37.29  engaged in the businesses of transport, storage, or delivery, 
 37.30  and records of the existence of safe deposit box account numbers 
 37.31  and customer savings and checking account numbers maintained by 
 37.32  financial institutions and safe deposit companies, insurance 
 37.33  records relating to the monetary payment or settlement of 
 37.34  claims, and wage and employment records of an applicant or 
 37.35  recipient of public assistance who is the subject of a welfare 
 37.36  fraud investigation relating to eligibility information for 
 38.1   public assistance programs.  Subpoenas may only be issued for 
 38.2   records that are relevant to an ongoing legitimate law 
 38.3   enforcement investigation.  Administrative subpoenas may only be 
 38.4   issued in welfare fraud cases if there is probable cause to 
 38.5   believe a crime has been committed.  This provision applies only 
 38.6   to the records of business entities and does not extend to 
 38.7   private individuals or their dwellings.  Subpoenas may only be 
 38.8   served by peace officers as defined by section 626.84, 
 38.9   subdivision 1, paragraph (c). 
 38.10     Sec. 4.  Minnesota Statutes 1996, section 609.101, 
 38.11  subdivision 5, is amended to read: 
 38.12     Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
 38.13  PAYMENTS.] (a) The court may not waive payment of the minimum 
 38.14  fine, surcharge, or assessment required by this section.  The 
 38.15  court may reduce the amount of the minimum fine, surcharge, or 
 38.16  assessment 
 38.17     (b) If the defendant qualifies for the services of a public 
 38.18  defender or the court makes written findings finds on the record 
 38.19  that the convicted person is indigent or that immediate payment 
 38.20  of the fine, surcharge, or assessment would create undue 
 38.21  hardship for the convicted person or that person's immediate 
 38.22  family, the court may reduce the amount of the minimum fine to 
 38.23  not less than $50.  
 38.24     (c) The court also may authorize payment of the fine, 
 38.25  surcharge, or assessment in installments. 
 38.26     Sec. 5.  [609.113] [SENTENCE TO WORK PROGRAM FOR CERTAIN 
 38.27  OFFENDERS.] 
 38.28     Subdivision 1.  [MANDATORY SENTENCE.] (a) Except as 
 38.29  provided in paragraph (b), if a court stays the imposition or 
 38.30  execution of sentence under section 609.135 for an adult male 
 38.31  who is convicted of a first- or second-time nonviolent felony 
 38.32  offense, and who has never been previously convicted of or 
 38.33  adjudicated for committing an offense against the person, the 
 38.34  court, in addition to any other intermediate sanctions ordered 
 38.35  and as a condition of probation, shall order the person to 
 38.36  satisfactorily complete the work program for the period of time 
 39.1   specified in subdivision 4, paragraph (a). 
 39.2      If the work program is full at the time of sentencing, the 
 39.3   court may sentence the person to any sentence authorized in 
 39.4   section 609.10 or 609.135.  The court may sentence the person to 
 39.5   the program and require that the person be placed in the program 
 39.6   when an opening occurs. 
 39.7      (b) If the court determines, based on substantial and 
 39.8   compelling reasons, that a person described in paragraph (a) 
 39.9   would receive a more appropriate sanction and level of care 
 39.10  through an alternative disposition using local correctional 
 39.11  resources, the court may sentence the person to a disposition 
 39.12  not involving the work program notwithstanding paragraph (a).  
 39.13  This sentence must include a sanction of equivalent or greater 
 39.14  severity as the work program. 
 39.15     If a court sentences a person under this paragraph, the 
 39.16  court shall make written findings as to the reasons for not 
 39.17  using the work program.  The court shall forward these findings, 
 39.18  including the alternative sentence imposed, to the sentencing 
 39.19  guidelines commission. 
 39.20     Subd. 2.  [PERMISSIVE SENTENCE.] A court may sentence a 
 39.21  person who has never previously been convicted of or adjudicated 
 39.22  for committing an offense against the person to satisfactorily 
 39.23  complete the work program for a period of time authorized in 
 39.24  subdivision 4, paragraph (b), if the person: 
 39.25     (1) is convicted of a nonviolent felony offense other than 
 39.26  a first- or second-time nonviolent felony offense and the court 
 39.27  is staying the imposition or execution of sentence under section 
 39.28  609.135; or 
 39.29     (2) is convicted of a nonviolent gross misdemeanor offense. 
 39.30  This sentence may be in addition to any other sanctions ordered 
 39.31  by the court. 
 39.32     Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
 39.33  ineligible to be sentenced to the work program if: 
 39.34     (1) the court determines that the person has a debilitating 
 39.35  chemical dependency or serious mental health problem; or 
 39.36     (2) the person has been convicted of a nonviolent felony or 
 40.1   gross misdemeanor offense after having initially been charged 
 40.2   with committing a crime against the person. 
 40.3      Subd. 4.  [LENGTH OF SENTENCE.] (a) If the court determines 
 40.4   that the offense is the person's first nonviolent felony 
 40.5   offense, the court shall sentence the person to the work program 
 40.6   for 60 days.  If the court determines that the offense is the 
 40.7   person's second nonviolent felony offense, the court shall 
 40.8   sentence the person to the work program for 90 days. 
 40.9      (b) The court may sentence a person described in 
 40.10  subdivision 2 as follows: 
 40.11     (1) if the person is convicted of a nonviolent felony 
 40.12  offense, the court may sentence the person to the work program 
 40.13  for up to 90 days; or 
 40.14     (2) if the person is convicted of a nonviolent gross 
 40.15  misdemeanor offense, the court may sentence the person to the 
 40.16  work program for up to 30 days. 
 40.17     (c) The person shall be placed in the work program as soon 
 40.18  as possible after the sentencing to ensure swift consequences 
 40.19  for the offense. 
 40.20     Subd. 5.  [REPORT.] By January 15, 1999, and each year 
 40.21  thereafter, the sentencing guidelines commission shall issue a 
 40.22  report to the chairs of the senate and house committees and 
 40.23  divisions having jurisdiction over criminal justice policy and 
 40.24  funding summarizing the information received from courts under 
 40.25  subdivision 1, paragraph (b). 
 40.26     Subd. 6.  [DEFINITIONS.] For purposes of this section, 
 40.27  "nonviolent felony offense" and "nonviolent gross misdemeanor 
 40.28  offense" do not include crimes against the person. 
 40.29     Sec. 6.  Minnesota Statutes 1996, section 609.125, is 
 40.30  amended to read: 
 40.31     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
 40.32     Upon conviction of a misdemeanor or gross misdemeanor the 
 40.33  court, if sentence is imposed, may, to the extent authorized by 
 40.34  law, sentence the defendant: 
 40.35     (1) to imprisonment for a definite term; or 
 40.36     (2) to payment of a fine, or to imprisonment for a 
 41.1   specified term if the fine is not paid; or 
 41.2      (3) to both imprisonment for a definite term and payment of 
 41.3   a fine; or 
 41.4      (4) to payment of court-ordered restitution in addition to 
 41.5   either imprisonment or payment of a fine, or both; or 
 41.6      (5) to payment of a local correctional fee as authorized 
 41.7   under section 609.102 in addition to any other sentence imposed 
 41.8   by the court; or 
 41.9      (6) to perform work service in a restorative justice 
 41.10  program in addition to any other sentence imposed by the court. 
 41.11     As used in this section, "restitution" includes: 
 41.12     (i) payment of compensation to the victim or the victim's 
 41.13  family; and 
 41.14     (ii) if the victim is deceased or already has been fully 
 41.15  compensated, payment of money to a victim assistance program or 
 41.16  other program directed by the court. 
 41.17     In controlled substance crime cases, "restitution" also 
 41.18  includes payment of compensation to a government entity that 
 41.19  incurs loss as a direct result of the controlled substance crime.
 41.20     Sec. 7.  Minnesota Statutes 1996, section 609.135, 
 41.21  subdivision 1, is amended to read: 
 41.22     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 41.23  sentence of life imprisonment is required by law, or when a 
 41.24  mandatory minimum sentence is required by section 609.11, any 
 41.25  court may stay imposition or execution of sentence and: 
 41.26     (a) (1) may order intermediate sanctions without placing 
 41.27  the defendant on probation,; or 
 41.28     (b) (2) may place the defendant on probation with or 
 41.29  without supervision and on the terms the court prescribes, 
 41.30  including intermediate sanctions when practicable.  The court 
 41.31  may order the supervision to be under the probation officer of 
 41.32  the court, or, if there is none and the conviction is for a 
 41.33  felony or gross misdemeanor, by the commissioner of corrections, 
 41.34  or in any case by some other suitable and consenting person.  No 
 41.35  intermediate sanction may be ordered performed at a location 
 41.36  that fails to observe applicable requirements or standards of 
 42.1   chapter 181A or 182, or any rule promulgated under them.  
 42.2      (b) For purposes of this subdivision, subdivision 6, and 
 42.3   section 609.14, the term "intermediate sanctions" includes but 
 42.4   is not limited to incarceration in a local jail or workhouse, 
 42.5   home detention, electronic monitoring, intensive probation, 
 42.6   sentencing to service, reporting to a day reporting center, 
 42.7   chemical dependency or mental health treatment or counseling, 
 42.8   restitution, fines, day-fines, community work service, work 
 42.9   service in a restorative justice program, work in lieu of or to 
 42.10  work off fines and, with the victim's consent, work in lieu of 
 42.11  or to work off restitution.  
 42.12     (c) A court may not stay the revocation of the driver's 
 42.13  license of a person convicted of violating the provisions of 
 42.14  section 169.121. 
 42.15     Sec. 8.  Minnesota Statutes 1996, section 609.15, 
 42.16  subdivision 1, is amended to read: 
 42.17     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
 42.18  SPECIFICATION REQUIREMENT.] (a) When separate sentences of 
 42.19  imprisonment are imposed on a defendant for two or more crimes, 
 42.20  whether charged in a single indictment or information or 
 42.21  separately, or when a person who is under sentence of 
 42.22  imprisonment in this state is being sentenced to imprisonment 
 42.23  for another crime committed prior to or while subject to such 
 42.24  former sentence, the court in the later sentences shall specify 
 42.25  whether the sentences shall run concurrently or consecutively.  
 42.26  If the court does not so specify, the sentences shall run 
 42.27  concurrently.  
 42.28     (b) When a court imposes sentence for a misdemeanor or 
 42.29  gross misdemeanor offense and specifies that the sentence shall 
 42.30  run consecutively to any other sentence, the court may order the 
 42.31  defendant to serve time in custody for the consecutive sentence 
 42.32  in addition to any time in custody the defendant may be serving 
 42.33  for any other offense, including probationary jail time or 
 42.34  imprisonment for any felony offense. 
 42.35     Sec. 9.  [609.153] [INCREASED PENALTIES FOR CERTAIN 
 42.36  MISDEMEANORS.] 
 43.1      Subdivision 1.  [APPLICATION.] This section applies to the 
 43.2   following misdemeanor-level crimes:  sections 609.324 
 43.3   (prostitution); 609.546 (motor vehicle tampering); 609.595 
 43.4   (damage to property); and 609.66 (dangerous weapons); and 
 43.5   violations of local ordinances prohibiting the unlawful sale or 
 43.6   possession of controlled substances. 
 43.7      Subd. 2.  [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 
 43.8   the Rules of Criminal Procedure, a peace officer acting without 
 43.9   a warrant who has decided to proceed with the prosecution of a 
 43.10  person for committing a crime described in subdivision 1, may 
 43.11  arrest and take the person into custody if the officer has 
 43.12  reason to believe the person has a prior conviction for any 
 43.13  crime described in subdivision 1. 
 43.14     Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
 43.15  statutory maximum penalty otherwise applicable to the offense, a 
 43.16  person who commits a misdemeanor-level crime described in 
 43.17  subdivision 1 is guilty of a gross misdemeanor if the court 
 43.18  determines at the time of sentencing that the person has two or 
 43.19  more prior convictions in this or any other state for any of the 
 43.20  crimes described in subdivision 1. 
 43.21     Subd. 4.  [NOTICE TO COMPLAINING WITNESS.] A prosecuting 
 43.22  authority who is responsible for filing charges against or 
 43.23  prosecuting a person arrested under the circumstances described 
 43.24  in subdivision 2 shall make reasonable efforts to notify the 
 43.25  complaining witness of the final outcome of the criminal 
 43.26  proceeding that resulted from the arrest including, where 
 43.27  appropriate, the decision to dismiss or not file charges against 
 43.28  the arrested person. 
 43.29     Sec. 10.  Minnesota Statutes 1996, section 609.221, is 
 43.30  amended to read: 
 43.31     609.221 [ASSAULT IN THE FIRST DEGREE.] 
 43.32     Subdivision 1.  [GREAT BODILY HARM.] Whoever assaults 
 43.33  another and inflicts great bodily harm may be sentenced to 
 43.34  imprisonment for not more than 20 years or to payment of a fine 
 43.35  of not more than $30,000, or both.  
 43.36     Subd. 2.  [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR 
 44.1   CORRECTIONAL EMPLOYEE.] (a) Whoever assaults a peace officer or 
 44.2   correctional employee by using or attempting to use deadly force 
 44.3   against the officer or employee while the officer or employee is 
 44.4   engaged in the performance of a duty imposed by law, policy, or 
 44.5   rule, may be sentenced to imprisonment for not more than 20 
 44.6   years or to payment of a fine of not more than $30,000, or both. 
 44.7      (b) A person convicted of assaulting a peace officer or 
 44.8   correctional employee as described in paragraph (a) shall be 
 44.9   committed to the commissioner of corrections for not less than 
 44.10  ten years, nor more than 20 years.  A defendant convicted and 
 44.11  sentenced as required by this paragraph is not eligible for 
 44.12  probation, parole, discharge, work release, or supervised 
 44.13  release, until that person has served the full term of 
 44.14  imprisonment as provided by law, notwithstanding the provisions 
 44.15  of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 
 44.16  609.135.  Notwithstanding section 609.135, the court may not 
 44.17  stay the imposition or execution of this sentence. 
 44.18     (c) As used in this subdivision: 
 44.19     (1) "correctional employee" means an employee of a public 
 44.20  or private prison, jail, or workhouse; 
 44.21     (2) "deadly force" has the meaning given in section 
 44.22  609.066, subdivision 1; and 
 44.23     (3) "peace officer" has the meaning given in section 
 44.24  626.84, subdivision 1.  
 44.25     Sec. 11.  Minnesota Statutes 1996, section 609.2245, 
 44.26  subdivision 2, is amended to read: 
 44.27     Subd. 2.  [PERMITTED ACTIVITIES.] A surgical procedure is 
 44.28  not a violation of subdivision 1 if the procedure: 
 44.29     (1) is necessary to the health of the person on whom it is 
 44.30  performed and is performed by:  (i) a physician licensed under 
 44.31  chapter 147 or; (ii) a physician in training under the 
 44.32  supervision of a licensed physician; or (iii) a certified nurse 
 44.33  midwife practicing within the nurse midwife's legal scope of 
 44.34  practice; or 
 44.35     (2) is performed on a person who is in labor or who has 
 44.36  just given birth and is performed for medical purposes connected 
 45.1   with that labor or birth:  (i) by a physician licensed under 
 45.2   chapter 147 or; (ii) a physician in training under the 
 45.3   supervision of a licensed physician; or (iii) a certified nurse 
 45.4   midwife practicing within the nurse midwife's legal scope of 
 45.5   practice. 
 45.6      Sec. 12.  [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; 
 45.7   ELDERLY OR HANDICAPPED VICTIMS.] 
 45.8      Subdivision 1.  [DEFINITIONS.] As used in this section: 
 45.9      (1) "charitable solicitation law violation" means a 
 45.10  violation of sections 309.50 to 309.61; 
 45.11     (2) "consumer fraud law violation" means a violation of 
 45.12  sections 325F.68 to 325F.70; 
 45.13     (3) "deceptive trade practices law violation" means a 
 45.14  violation of sections 325D.43 to 325D.48; 
 45.15     (4) "false advertising law violation" means a violation of 
 45.16  section 325F.67; 
 45.17     (5) "handicapped person" means a person who has an 
 45.18  impairment of physical or mental function or emotional status 
 45.19  that substantially limits one or more major life activities; 
 45.20     (6) "major life activities" means functions such as caring 
 45.21  for oneself, performing manual tasks, walking, seeing, hearing, 
 45.22  speaking, breathing, learning, and working; and 
 45.23     (7) "senior citizen" means a person who is 65 years of age 
 45.24  or older. 
 45.25     Subd. 2.  [CRIME.] It is a gross misdemeanor for any person 
 45.26  to commit a charitable solicitation law violation, a consumer 
 45.27  fraud law violation, a deceptive trade practices law violation, 
 45.28  or a false advertising law violation if the person knows or has 
 45.29  reason to know that the person's conduct: 
 45.30     (1) is directed at one or more handicapped persons or 
 45.31  senior citizens; and 
 45.32     (2) will cause or is likely to cause a handicapped person 
 45.33  or a senior citizen to suffer loss or encumbrance of a primary 
 45.34  residence, principal employment or other major source of income, 
 45.35  substantial loss of property set aside for retirement or for 
 45.36  personal or family care and maintenance, substantial loss of 
 46.1   pension, retirement plan, or government benefits, or substantial 
 46.2   loss of other assets essential to the victim's health or welfare.
 46.3      Subd. 3.  [PROSECUTORIAL JURISDICTION.] The attorney 
 46.4   general has statewide jurisdiction to prosecute violations of 
 46.5   this section.  This jurisdiction is concurrent with that of the 
 46.6   local prosecuting authority responsible for prosecuting gross 
 46.7   misdemeanors in the place where the violation was committed. 
 46.8      Sec. 13.  Minnesota Statutes 1996, section 609.487, 
 46.9   subdivision 3, is amended to read: 
 46.10     Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
 46.11  vehicle flees or attempts to flee a peace officer who is acting 
 46.12  in the lawful discharge of an official duty, and the perpetrator 
 46.13  knows or should reasonably know the same to be a peace 
 46.14  officer, may be sentenced to imprisonment for not more than one 
 46.15  year or to payment of a fine of not more than $3,000, or both.  
 46.16  Whoever violates this subdivision a second or subsequent time is 
 46.17  guilty of a felony and may be sentenced to imprisonment for not 
 46.18  more than one year three years and one day or to payment of a 
 46.19  fine of not more than $3,000 $5,000, or both. 
 46.20     Sec. 14.  Minnesota Statutes 1996, section 609.495, 
 46.21  subdivision 1, is amended to read: 
 46.22     Subdivision 1.  (a) Whoever harbors, conceals, or aids 
 46.23  another known by the actor to have committed a felony under the 
 46.24  laws of this or another state or of the United States with 
 46.25  intent that such offender shall avoid or escape from arrest, 
 46.26  trial, conviction, or punishment, may be sentenced to 
 46.27  imprisonment for not more than three years or to payment of a 
 46.28  fine of not more than $5,000, or both.  
 46.29     (b) Whoever knowingly harbors, conceals, or aids a person 
 46.30  who is on probation, parole, or supervised release because of a 
 46.31  felony level conviction and for whom an arrest and detention 
 46.32  order has been issued, with intent that the person evade or 
 46.33  escape being taken into custody under the order, may be 
 46.34  sentenced to imprisonment for not more than three years or to 
 46.35  payment of a fine of not more than $5,000, or both.  As used in 
 46.36  this paragraph, "arrest and detention order" means a written 
 47.1   order to take and detain a probationer, parolee, or supervised 
 47.2   releasee that is issued under section 243.05, subdivision 1; 
 47.3   260.311, subdivision 3a; or 401.02, subdivision 4. 
 47.4      Sec. 15.  Minnesota Statutes 1996, section 609.498, is 
 47.5   amended by adding a subdivision to read: 
 47.6      Subd. 1b.  [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) 
 47.7   A person is guilty of aggravated first-degree witness tampering 
 47.8   if the person causes or, by means of an implicit or explicit 
 47.9   credible threat, threatens to cause great bodily harm or death 
 47.10  to another in the course of committing any of the following acts 
 47.11  intentionally: 
 47.12     (1) preventing or dissuading or attempting to prevent or 
 47.13  dissuade a person who is or may become a witness from attending 
 47.14  or testifying at any criminal trial or proceeding; 
 47.15     (2) coercing or attempting to coerce a person who is or may 
 47.16  become a witness to testify falsely at any criminal trial or 
 47.17  proceeding; 
 47.18     (3) retaliating against a person who was summoned as a 
 47.19  witness at any criminal trial or proceeding within a year 
 47.20  following that trial or proceeding or within a year following 
 47.21  the actor's release from incarceration, whichever is later; 
 47.22     (4) preventing or dissuading or attempting to prevent or 
 47.23  dissuade a person from providing information to law enforcement 
 47.24  authorities concerning a crime; 
 47.25     (5) coercing or attempting to coerce a person to provide 
 47.26  false information concerning a crime to law enforcement 
 47.27  authorities; or 
 47.28     (6) retaliating against any person who has provided 
 47.29  information to law enforcement authorities concerning a crime 
 47.30  within a year of that person providing the information or within 
 47.31  a year of the actor's release from incarceration, whichever is 
 47.32  later. 
 47.33     (b) A person convicted of committing any act prohibited by 
 47.34  paragraph (a) may be sentenced to imprisonment for not more than 
 47.35  20 years or to payment of a fine of not more than $30,000, or 
 47.36  both. 
 48.1      Sec. 16.  Minnesota Statutes 1996, section 609.498, is 
 48.2   amended by adding a subdivision to read: 
 48.3      Subd. 4.  [NO BAR TO CONVICTION.] Notwithstanding sections 
 48.4   609.035 or 609.04, a prosecution for or conviction of the crime 
 48.5   of aggravated first-degree witness tampering is not a bar to 
 48.6   conviction of or punishment for any other crime. 
 48.7      Sec. 17.  Minnesota Statutes 1996, section 609.52, 
 48.8   subdivision 2, is amended to read: 
 48.9      Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
 48.10  the following commits theft and may be sentenced as provided in 
 48.11  subdivision 3: 
 48.12     (1) intentionally and without claim of right takes, uses, 
 48.13  transfers, conceals or retains possession of movable property of 
 48.14  another without the other's consent and with intent to deprive 
 48.15  the owner permanently of possession of the property; or 
 48.16     (2) having a legal interest in movable property, 
 48.17  intentionally and without consent, takes the property out of the 
 48.18  possession of a pledgee or other person having a superior right 
 48.19  of possession, with intent thereby to deprive the pledgee or 
 48.20  other person permanently of the possession of the property; or 
 48.21     (3) obtains for the actor or another the possession, 
 48.22  custody, or title to property of or performance of services by a 
 48.23  third person by intentionally deceiving the third person with a 
 48.24  false representation which is known to be false, made with 
 48.25  intent to defraud, and which does defraud the person to whom it 
 48.26  is made.  "False representation" includes without limitation: 
 48.27     (a) (i) the issuance of a check, draft, or order for the 
 48.28  payment of money, except a forged check as defined in section 
 48.29  609.631, or the delivery of property knowing that the actor is 
 48.30  not entitled to draw upon the drawee therefor or to order the 
 48.31  payment or delivery thereof; or 
 48.32     (b) (ii) a promise made with intent not to perform.  
 48.33  Failure to perform is not evidence of intent not to perform 
 48.34  unless corroborated by other substantial evidence; or 
 48.35     (c) (iii) the preparation or filing of a claim for 
 48.36  reimbursement, a rate application, or a cost report used to 
 49.1   establish a rate or claim for payment for medical care provided 
 49.2   to a recipient of medical assistance under chapter 256B, which 
 49.3   intentionally and falsely states the costs of or actual services 
 49.4   provided by a vendor of medical care; or 
 49.5      (d) (iv) the preparation or filing of a claim for 
 49.6   reimbursement for providing treatment or supplies required to be 
 49.7   furnished to an employee under section 176.135 which 
 49.8   intentionally and falsely states the costs of or actual 
 49.9   treatment or supplies provided; or 
 49.10     (e) (v) the preparation or filing of a claim for 
 49.11  reimbursement for providing treatment or supplies required to be 
 49.12  furnished to an employee under section 176.135 for treatment or 
 49.13  supplies that the provider knew were medically unnecessary, 
 49.14  inappropriate, or excessive; or 
 49.15     (4) by swindling, whether by artifice, trick, device, or 
 49.16  any other means, obtains property or services from another 
 49.17  person; or 
 49.18     (5) intentionally commits any of the acts listed in this 
 49.19  subdivision but with intent to exercise temporary control only 
 49.20  and: 
 49.21     (a) (i) the control exercised manifests an indifference to 
 49.22  the rights of the owner or the restoration of the property to 
 49.23  the owner; or 
 49.24     (b) (ii) the actor pledges or otherwise attempts to subject 
 49.25  the property to an adverse claim; or 
 49.26     (c) (iii) the actor intends to restore the property only on 
 49.27  condition that the owner pay a reward or buy back or make other 
 49.28  compensation; or 
 49.29     (6) finds lost property and, knowing or having reasonable 
 49.30  means of ascertaining the true owner, appropriates it to the 
 49.31  finder's own use or to that of another not entitled thereto 
 49.32  without first having made reasonable effort to find the owner 
 49.33  and offer and surrender the property to the owner; or 
 49.34     (7) intentionally obtains property or services, offered 
 49.35  upon the deposit of a sum of money or tokens in a coin or token 
 49.36  operated machine or other receptacle, without making the 
 50.1   required deposit or otherwise obtaining the consent of the 
 50.2   owner; or 
 50.3      (8) intentionally and without claim of right converts any 
 50.4   article representing a trade secret, knowing it to be such, to 
 50.5   the actor's own use or that of another person or makes a copy of 
 50.6   an article representing a trade secret, knowing it to be such, 
 50.7   and intentionally and without claim of right converts the same 
 50.8   to the actor's own use or that of another person.  It shall be a 
 50.9   complete defense to any prosecution under this clause for the 
 50.10  defendant to show that information comprising the trade secret 
 50.11  was rightfully known or available to the defendant from a source 
 50.12  other than the owner of the trade secret; or 
 50.13     (9) leases or rents personal property under a written 
 50.14  instrument and who with intent to place the property beyond the 
 50.15  control of the lessor conceals or aids or abets the concealment 
 50.16  of the property or any part thereof, or any lessee of the 
 50.17  property who sells, conveys, or encumbers the property or any 
 50.18  part thereof without the written consent of the lessor, without 
 50.19  informing the person to whom the lessee sells, conveys, or 
 50.20  encumbers that the same is subject to such lease and with intent 
 50.21  to deprive the lessor of possession thereof.  Evidence that a 
 50.22  lessee used a false or fictitious name or address in obtaining 
 50.23  the property or fails or refuses to return the property to 
 50.24  lessor within five days after written demand for the return has 
 50.25  been served personally in the manner provided for service of 
 50.26  process of a civil action or sent by certified mail to the last 
 50.27  known address of the lessee, whichever shall occur later, shall 
 50.28  be evidence of intent to violate this clause.  Service by 
 50.29  certified mail shall be deemed to be complete upon deposit in 
 50.30  the United States mail of such demand, postpaid and addressed to 
 50.31  the person at the address for the person set forth in the lease 
 50.32  or rental agreement, or, in the absence of the address, to the 
 50.33  person's last known place of residence; or 
 50.34     (10) alters, removes, or obliterates numbers or symbols 
 50.35  placed on movable property for purpose of identification by the 
 50.36  owner or person who has legal custody or right to possession 
 51.1   thereof with the intent to prevent identification, if the person 
 51.2   who alters, removes, or obliterates the numbers or symbols is 
 51.3   not the owner and does not have the permission of the owner to 
 51.4   make the alteration, removal, or obliteration; or 
 51.5      (11) with the intent to prevent the identification of 
 51.6   property involved, so as to deprive the rightful owner of 
 51.7   possession thereof, alters or removes any permanent serial 
 51.8   number, permanent distinguishing number or manufacturer's 
 51.9   identification number on personal property or possesses, sells 
 51.10  or buys any personal property knowing or having reason to know 
 51.11  that the permanent serial number, permanent distinguishing 
 51.12  number or manufacturer's identification number has been removed 
 51.13  or altered; or 
 51.14     (12) intentionally deprives another of a lawful charge for 
 51.15  cable television service by: 
 51.16     (i) making or using or attempting to make or use an 
 51.17  unauthorized external connection outside the individual dwelling 
 51.18  unit whether physical, electrical, acoustical, inductive, or 
 51.19  other connection, or by 
 51.20     (ii) attaching any unauthorized device to any cable, wire, 
 51.21  microwave, or other component of a licensed cable communications 
 51.22  system as defined in chapter 238.  Nothing herein shall be 
 51.23  construed to prohibit the electronic video rerecording of 
 51.24  program material transmitted on the cable communications system 
 51.25  by a subscriber for fair use as defined by Public Law Number 
 51.26  94-553, section 107; or 
 51.27     (13) except as provided in paragraphs (12) and (14), 
 51.28  obtains the services of another with the intention of receiving 
 51.29  those services without making the agreed or reasonably expected 
 51.30  payment of money or other consideration; or 
 51.31     (14) intentionally deprives another of a lawful charge for 
 51.32  telecommunications service by:  
 51.33     (i) making, using, or attempting to make or use an 
 51.34  unauthorized connection whether physical, electrical, by wire, 
 51.35  microwave, radio, or other means to a component of a local 
 51.36  telecommunication system as provided in chapter 237; or 
 52.1      (ii) attaching an unauthorized device to a cable, wire, 
 52.2   microwave, radio, or other component of a local 
 52.3   telecommunication system as provided in chapter 237.  
 52.4      The existence of an unauthorized connection is prima facie 
 52.5   evidence that the occupier of the premises:  
 52.6      (i) made or was aware of the connection; and 
 52.7      (ii) was aware that the connection was unauthorized; or 
 52.8      (15) with intent to defraud, diverts corporate property 
 52.9   other than in accordance with general business purposes or for 
 52.10  purposes other than those specified in the corporation's 
 52.11  articles of incorporation; or 
 52.12     (16) with intent to defraud, authorizes or causes a 
 52.13  corporation to make a distribution in violation of section 
 52.14  302A.551, or any other state law in conformity with it; or 
 52.15     (17) intentionally takes or drives a motor vehicle without 
 52.16  the consent of the owner or an authorized agent of the owner, 
 52.17  knowing or having reason to know that the owner or an authorized 
 52.18  agent of the owner did not give consent. 
 52.19     Sec. 18.  Minnesota Statutes 1996, section 609.684, 
 52.20  subdivision 4, is amended to read: 
 52.21     Subd. 4.  [NOTICE REQUIRED.] (a) A business establishment 
 52.22  that offers for sale at retail any toxic substance must display 
 52.23  a conspicuous sign that contains the following, or substantially 
 52.24  similar, language: 
 52.25                              "NOTICE
 52.26  It is unlawful for a person to sell glue, cement, or aerosol 
 52.27  paint containing intoxicating substances, to a person under 18 
 52.28  years of age, except as provided by law.  This offense is a 
 52.29  misdemeanor.  It is also a misdemeanor for a person to use or 
 52.30  possess glue, cement, aerosol paint, with the intent of inducing 
 52.31  intoxication, excitement, or stupefaction of the central nervous 
 52.32  system.  This use can be harmful or fatal." 
 52.33     (b) A business establishment may omit from the required 
 52.34  notice references to any toxic substance that is not offered for 
 52.35  sale by that business establishment. 
 52.36     (c) A business establishment that does not sell any toxic 
 53.1   substance listed in subdivision 1 other than butane or butane 
 53.2   lighters shall post a sign stating that it is illegal to sell 
 53.3   butane or butane lighters to anyone under the age of 18.  This 
 53.4   sign shall fulfill the requirements under this subdivision is 
 53.5   not required to post a notice under paragraph (a). 
 53.6      Sec. 19.  Minnesota Statutes 1996, section 609.78, is 
 53.7   amended to read: 
 53.8      609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.] 
 53.9      Subdivision 1.  [MISDEMEANOR OFFENSES.] Whoever does the 
 53.10  following is guilty of a misdemeanor: 
 53.11     (1) Refuses to relinquish immediately a coin-operated 
 53.12  telephone or a telephone line consisting of two or more stations 
 53.13  when informed that the line is needed to make an emergency call 
 53.14  for medical or ambulance service or for assistance from a police 
 53.15  or fire department or for other service needed in an emergency 
 53.16  to avoid serious harm to person or property, and an emergency 
 53.17  exists; 
 53.18     (2) Secures a relinquishment of a coin-operated telephone 
 53.19  or a telephone line consisting of two or more stations by 
 53.20  falsely stating that the line is needed for an emergency; 
 53.21     (3) Publishes telephone directories to be used for 
 53.22  telephones or telephone lines and the directories do not contain 
 53.23  a copy of this section; 
 53.24     (4) Makes an emergency call for medical or ambulance 
 53.25  service, knowing that no medical emergency exists; or 
 53.26     (5) Interrupts, disrupts, impedes, or otherwise interferes 
 53.27  with the transmission of a citizen's band radio channel 
 53.28  communication the purpose of which is to inform or inquire about 
 53.29  a medical emergency or an emergency in which property is or is 
 53.30  reasonably believed to be in imminent danger of damage or 
 53.31  destruction. 
 53.32     Subd. 2.  [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR 
 53.33  OFFENSE.] A person who intentionally interrupts, disrupts, 
 53.34  impedes, or otherwise interferes with a 911 call or who prevents 
 53.35  or hinders another from placing a 911 call, and whose conduct 
 53.36  does not result in a violation of section 609.498, is guilty of 
 54.1   a gross misdemeanor and may be sentenced to imprisonment for not 
 54.2   more than one year or to payment of a fine of not more than 
 54.3   $3,000, or both. 
 54.4      Sec. 20.  Minnesota Statutes 1996, section 609.902, 
 54.5   subdivision 4, is amended to read: 
 54.6      Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
 54.7   constituting, or a conspiracy or attempt to commit, a felony 
 54.8   violation of chapter 152, or a felony violation of section 
 54.9   297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 
 54.10  609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 
 54.11  609.235; 609.245; 609.25; 609.27; 609.322; 609.323; 609.342; 
 54.12  609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 
 54.13  609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense 
 54.14  is punishable under subdivision 3, clause (3)(b) or clause 
 54.15  3(d)(v) or (vi); section 609.52, subdivision 2, clause (4); 
 54.16  609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, 
 54.17  subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 
 54.18  609.894, subdivision 3 or 4; 624.713; or 624.74; or 626A.02, 
 54.19  subdivision 1, if the offense is punishable under section 
 54.20  626A.02, subdivision 4, paragraph (a).  "Criminal act" also 
 54.21  includes conduct constituting, or a conspiracy or attempt to 
 54.22  commit, a felony violation of section 609.52, subdivision 2, 
 54.23  clause (3), (4), (15), or (16), if the violation involves an 
 54.24  insurance company as defined in section 60A.02, subdivision 4, a 
 54.25  nonprofit health service plan corporation regulated under 
 54.26  chapter 62C, a health maintenance organization regulated under 
 54.27  chapter 62D, or a fraternal benefit society regulated under 
 54.28  chapter 64B. 
 54.29     Sec. 21.  Minnesota Statutes 1996, section 631.07, is 
 54.30  amended to read: 
 54.31     631.07 [ORDER OF FINAL ARGUMENT.] 
 54.32     When the giving of evidence is concluded in a criminal 
 54.33  trial, unless the case is submitted on both sides without 
 54.34  argument, the prosecution may make a closing argument to the 
 54.35  jury.  The defense may then make its closing argument to the 
 54.36  jury.  On the motion of the prosecution, The court may shall 
 55.1   permit the prosecution to reply in rebuttal if the court 
 55.2   determines that the defense has made in its closing argument a, 
 55.3   which shall be limited to a response to any misstatement of law 
 55.4   or fact or a statement that is inflammatory or prejudicial made 
 55.5   by the defense in its closing argument.  The rebuttal must be 
 55.6   limited to a direct response to the misstatement of law or fact 
 55.7   or the inflammatory or prejudicial statement. 
 55.8      Sec. 22.  [RULE SUPERSEDED.] 
 55.9      Minnesota Rules of Criminal Procedure, rule 26.03, 
 55.10  subdivision 11, is superseded to the extent it conflicts with 
 55.11  Minnesota Statutes, section 631.07. 
 55.12     Sec. 23.  [REPORT.] 
 55.13     By January 15, 1999, and each year thereafter, the supreme 
 55.14  court is requested to report to the chairs of the senate and 
 55.15  house committees having jurisdiction over criminal justice 
 55.16  policy on prosecutorial rebuttals under Minnesota Statutes, 
 55.17  section 631.07.  The report must contain information on: 
 55.18     (1) the number of rebuttals requested by prosecutors; 
 55.19     (2) the number of rebuttals permitted by courts; and 
 55.20     (3) the circumstances involving instances in which 
 55.21  rebuttals were not permitted. 
 55.22     Sec. 24.  [COST OF CRIME STUDY.] 
 55.23     The legislative audit commission is requested to direct the 
 55.24  legislative auditor to conduct a study of the costs that 
 55.25  criminal activity places on the state and local communities.  
 55.26  The study shall include not only the direct costs to state and 
 55.27  local governments of responding to, prosecuting, and punishing 
 55.28  criminal offenders, but also the indirect economic and social 
 55.29  costs that criminal activity places on local communities and 
 55.30  their residents. 
 55.31     If the commission directs the auditor to conduct this 
 55.32  study, the auditor shall report findings to the chairs of the 
 55.33  senate crime prevention and house judiciary committees by 
 55.34  February 15, 1998. 
 55.35     Sec. 25.  [REPEALER.] 
 55.36     Minnesota Statutes 1996, sections 119A.30; 145.406; 244.09, 
 56.1   subdivision 11a; and 609.684, subdivision 2, are repealed. 
 56.2      Sec. 26.  [EFFECTIVE DATE.] 
 56.3      Sections 1 to 20, and 25 are effective August 1, 1997, and 
 56.4   apply to crimes committed on or after that date.  Sections 21 to 
 56.5   23 are effective August 1, 1997, and apply to proceedings 
 56.6   conducted on or after that date.  Section 24 is effective July 
 56.7   1, 1997. 
 56.8                              ARTICLE 4 
 56.9                        CONTROLLED SUBSTANCES
 56.10     Section 1.  Minnesota Statutes 1996, section 152.01, 
 56.11  subdivision 18, is amended to read: 
 56.12     Subd. 18.  [DRUG PARAPHERNALIA.] (a) Except as otherwise 
 56.13  provided in paragraph (b), "drug paraphernalia" means all 
 56.14  equipment, products, and materials of any kind, except those 
 56.15  items used in conjunction with permitted uses of controlled 
 56.16  substances under this chapter or the Uniform Controlled 
 56.17  Substances Act, which are knowingly or intentionally used 
 56.18  primarily in (1) manufacturing a controlled substance, (2) 
 56.19  injecting, ingesting, inhaling, or otherwise introducing into 
 56.20  the human body a controlled substance, (3) testing the strength, 
 56.21  effectiveness, or purity of a controlled substance, or (4) 
 56.22  enhancing the effect of a controlled substance.  
 56.23     (b) "Drug paraphernalia" does not include the possession, 
 56.24  manufacture, delivery, or sale of hypodermic needles or syringes 
 56.25  in accordance with section 151.40, subdivision 2. 
 56.26     Sec. 2.  Minnesota Statutes 1996, section 152.01, is 
 56.27  amended by adding a subdivision to read: 
 56.28     Subd. 22.  [DRUG TREATMENT FACILITY.] "Drug treatment 
 56.29  facility" means any facility in which a residential 
 56.30  rehabilitation program licensed under Minnesota Rules, parts 
 56.31  9530.4100 to 9530.4450, is located, and includes any property 
 56.32  owned, leased, or controlled by the facility. 
 56.33     Sec. 3.  Minnesota Statutes 1996, section 152.02, 
 56.34  subdivision 2, is amended to read: 
 56.35     Subd. 2.  The following items are listed in Schedule I: 
 56.36     (1) Any of the following substances, including their 
 57.1   isomers, esters, ethers, salts, and salts of isomers, esters, 
 57.2   and ethers, unless specifically excepted, whenever the existence 
 57.3   of such isomers, esters, ethers and salts is possible within the 
 57.4   specific chemical designation: Acetylmethadol; Allylprodine; 
 57.5   Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
 57.6   Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
 57.7   Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
 57.8   Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
 57.9   Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
 57.10  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
 57.11  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
 57.12  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
 57.13  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
 57.14  Piritramide; Proheptazine; Properidine; Racemoramide; 
 57.15  Trimeperidine.  
 57.16     (2) Any of the following opium derivatives, their salts, 
 57.17  isomers and salts of isomers, unless specifically excepted, 
 57.18  whenever the existence of such salts, isomers and salts of 
 57.19  isomers is possible within the specific chemical designation:  
 57.20  Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
 57.21  Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
 57.22  Desomorphine; Dihydromorphine; Etorphine; Heroin; 
 57.23  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
 57.24  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
 57.25  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
 57.26  Thebacon.  
 57.27     (3) Any material, compound, mixture or preparation which 
 57.28  contains any quantity of the following hallucinogenic 
 57.29  substances, their salts, isomers and salts of isomers, unless 
 57.30  specifically excepted, whenever the existence of such salts, 
 57.31  isomers, and salts of isomers is possible within the specific 
 57.32  chemical designation: 3,4-methylenedioxy amphetamine; 
 57.33  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
 57.34  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
 57.35  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
 57.36  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
 58.1   5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
 58.2   marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
 58.3   N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
 58.4   Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
 58.5   n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
 58.6   pyrrolidine.  
 58.7      (4) Peyote, providing the listing of peyote as a controlled 
 58.8   substance in schedule I does not apply to the nondrug use of 
 58.9   peyote in bona fide religious ceremonies of the American Indian 
 58.10  Church, and members of the American Indian Church are exempt 
 58.11  from registration.  Any person who manufactures peyote for or 
 58.12  distributes peyote to the American Indian Church, however, is 
 58.13  required to obtain federal registration annually and to comply 
 58.14  with all other requirements of law.  
 58.15     (5) Unless specifically excepted or unless listed in 
 58.16  another schedule, any material compound, mixture, or preparation 
 58.17  which contains any quantity of the following substances having a 
 58.18  depressant effect on the central nervous system, including its 
 58.19  salts, isomers, and salts of isomers whenever the existence of 
 58.20  such salts, isomers, and salts of isomers is possible within the 
 58.21  specific chemical designation:  
 58.22     Mecloqualone; 
 58.23     Flunitrazepam. 
 58.24     (6) Unless specifically excepted or unless listed in 
 58.25  another schedule, any material compound, mixture, or preparation 
 58.26  which contains any quantity of the following substances having a 
 58.27  stimulant effect on the central nervous system, including its 
 58.28  salts, isomers, and salts of isomers whenever the existence of 
 58.29  such salts, isomers, and salts of isomers is possible within the 
 58.30  specific chemical designation: 
 58.31  Cathinone; 
 58.32  Methcathinone. 
 58.33     Sec. 4.  Minnesota Statutes 1996, section 152.02, 
 58.34  subdivision 5, is amended to read: 
 58.35     Subd. 5.  (a) The following items are listed in Schedule IV:
 58.36  Anabolic substances; Barbital; Butorphanol; Carisoprodol; 
 59.1   Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 
 59.2   Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; 
 59.3   Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; 
 59.4   Meprobamate except when in combination with the following drugs 
 59.5   in the following or lower concentrations:  conjugated estrogens, 
 59.6   0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol 
 59.7   tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; 
 59.8   Pemoline; Petrichloral; Phenobarbital; and Phentermine.  
 59.9      (b) For purposes of this subdivision, "anabolic substances" 
 59.10  means the naturally occurring androgens or derivatives of 
 59.11  androstane (androsterone and testosterone); testosterone and its 
 59.12  esters, including, but not limited to, testosterone propionate, 
 59.13  and its derivatives, including, but not limited to, 
 59.14  methyltestosterone and growth hormones, except that anabolic 
 59.15  substances are not included if they are:  (1) expressly intended 
 59.16  for administration through implants to cattle or other nonhuman 
 59.17  species; and (2) approved by the United States Food and Drug 
 59.18  Administration for that use. 
 59.19     Sec. 5.  Minnesota Statutes 1996, section 152.021, 
 59.20  subdivision 1, is amended to read: 
 59.21     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 59.22  controlled substance crime in the first degree if: 
 59.23     (1) on one or more occasions within a 90-day period the 
 59.24  person unlawfully sells one or more mixtures of a total weight 
 59.25  of ten grams or more containing cocaine or heroin; 
 59.26     (2) on one or more occasions within a 90-day period the 
 59.27  person unlawfully sells one or more mixtures of a total weight 
 59.28  of 50 grams or more containing a narcotic drug other than 
 59.29  cocaine or heroin; 
 59.30     (3) on one or more occasions within a 90-day period the 
 59.31  person unlawfully sells one or more mixtures of a total weight 
 59.32  of 50 grams or more containing methamphetamine, amphetamine, 
 59.33  phencyclidine, or hallucinogen or, if the controlled substance 
 59.34  is packaged in dosage units, equaling 200 or more dosage units; 
 59.35  or 
 59.36     (4) on one or more occasions within a 90-day period the 
 60.1   person unlawfully sells one or more mixtures of a total weight 
 60.2   of 50 kilograms or more containing marijuana or 
 60.3   Tetrahydrocannabinols, or one or more mixtures of a total weight 
 60.4   of 25 kilograms or more containing marijuana or 
 60.5   Tetrahydrocannabinols in a school zone, a park zone, or a public 
 60.6   housing zone, or a drug treatment facility. 
 60.7      Sec. 6.  Minnesota Statutes 1996, section 152.021, 
 60.8   subdivision 2, is amended to read: 
 60.9      Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
 60.10  controlled substance crime in the first degree if: 
 60.11     (1) the person unlawfully possesses one or more mixtures of 
 60.12  a total weight of 25 grams or more containing cocaine or heroin; 
 60.13     (2) the person unlawfully possesses one or more mixtures of 
 60.14  a total weight of 500 grams or more containing a narcotic drug 
 60.15  other than cocaine or heroin; 
 60.16     (3) the person unlawfully possesses one or more mixtures of 
 60.17  a total weight of 500 grams or more containing methamphetamine, 
 60.18  amphetamine, phencyclidine, or hallucinogen or, if the 
 60.19  controlled substance is packaged in dosage units, equaling 500 
 60.20  or more dosage units; or 
 60.21     (4) the person unlawfully possesses one or more mixtures of 
 60.22  a total weight of 100 kilograms or more containing marijuana or 
 60.23  Tetrahydrocannabinols. 
 60.24     Sec. 7.  Minnesota Statutes 1996, section 152.022, 
 60.25  subdivision 1, is amended to read: 
 60.26     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 60.27  controlled substance crime in the second degree if: 
 60.28     (1) on one or more occasions within a 90-day period the 
 60.29  person unlawfully sells one or more mixtures of a total weight 
 60.30  of three grams or more containing cocaine or heroin; 
 60.31     (2) on one or more occasions within a 90-day period the 
 60.32  person unlawfully sells one or more mixtures of a total weight 
 60.33  of ten grams or more containing a narcotic drug other than 
 60.34  cocaine or heroin; 
 60.35     (3) on one or more occasions within a 90-day period the 
 60.36  person unlawfully sells one or more mixtures of a total weight 
 61.1   of ten grams or more containing methamphetamine, amphetamine, 
 61.2   phencyclidine, or hallucinogen or, if the controlled substance 
 61.3   is packaged in dosage units, equaling 50 or more dosage units; 
 61.4      (4) on one or more occasions within a 90-day period the 
 61.5   person unlawfully sells one or more mixtures of a total weight 
 61.6   of 25 kilograms or more containing marijuana or 
 61.7   Tetrahydrocannabinols; 
 61.8      (5) the person unlawfully sells any amount of a schedule I 
 61.9   or II narcotic drug to a person under the age of 18, or 
 61.10  conspires with or employs a person under the age of 18 to 
 61.11  unlawfully sell the substance; or 
 61.12     (6) the person unlawfully sells any of the following in a 
 61.13  school zone, a park zone, or a public housing zone, or a drug 
 61.14  treatment facility: 
 61.15     (i) any amount of a schedule I or II narcotic drug, or 
 61.16  lysergic acid diethylamide (LSD); 
 61.17     (ii) one or more mixtures containing methamphetamine or 
 61.18  amphetamine; or 
 61.19     (iii) one or more mixtures of a total weight of five 
 61.20  kilograms or more containing marijuana or Tetrahydrocannabinols. 
 61.21     Sec. 8.  Minnesota Statutes 1996, section 152.022, 
 61.22  subdivision 2, is amended to read: 
 61.23     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 61.24  controlled substance crime in the second degree if: 
 61.25     (1) the person unlawfully possesses one or more mixtures of 
 61.26  a total weight of six grams or more containing cocaine or 
 61.27  heroin; 
 61.28     (2) the person unlawfully possesses one or more mixtures of 
 61.29  a total weight of 50 grams or more containing a narcotic drug 
 61.30  other than cocaine or heroin; 
 61.31     (3) the person unlawfully possesses one or more mixtures of 
 61.32  a total weight of 50 grams or more containing methamphetamine, 
 61.33  amphetamine, phencyclidine, or hallucinogen or, if the 
 61.34  controlled substance is packaged in dosage units, equaling 100 
 61.35  or more dosage units; or 
 61.36     (4) the person unlawfully possesses one or more mixtures of 
 62.1   a total weight of 50 kilograms or more containing marijuana or 
 62.2   Tetrahydrocannabinols. 
 62.3      Sec. 9.  Minnesota Statutes 1996, section 152.023, 
 62.4   subdivision 1, is amended to read: 
 62.5      Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 62.6   controlled substance crime in the third degree if:  
 62.7      (1) the person unlawfully sells one or more mixtures 
 62.8   containing a narcotic drug; 
 62.9      (2) on one or more occasions within a 90-day period the 
 62.10  person unlawfully sells one or more mixtures containing 
 62.11  phencyclidine or hallucinogen, it is packaged in dosage units, 
 62.12  and equals ten or more dosage units; 
 62.13     (3) the person unlawfully sells one or more mixtures 
 62.14  containing a controlled substance classified in schedule I, II, 
 62.15  or III, except a schedule I or II narcotic drug, to a person 
 62.16  under the age of 18; 
 62.17     (4) the person conspires with or employs a person under the 
 62.18  age of 18 to unlawfully sell one or more mixtures containing a 
 62.19  controlled substance listed in schedule I, II, or III, except a 
 62.20  schedule I or II narcotic drug; or 
 62.21     (5) on one or more occasions within a 90-day period the 
 62.22  person unlawfully sells one or more mixtures of a total weight 
 62.23  of five kilograms or more containing marijuana or 
 62.24  Tetrahydrocannabinols. 
 62.25     Sec. 10.  Minnesota Statutes 1996, section 152.023, 
 62.26  subdivision 2, is amended to read: 
 62.27     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 62.28  controlled substance crime in the third degree if: 
 62.29     (1) on one or more occasions within a 90-day period the 
 62.30  person unlawfully possesses one or more mixtures of a total 
 62.31  weight of three grams or more containing cocaine or heroin; 
 62.32     (2) on one or more occasions within a 90-day period the 
 62.33  person unlawfully possesses one or more mixtures of a total 
 62.34  weight of ten grams or more containing a narcotic drug other 
 62.35  than cocaine or heroin; 
 62.36     (3) on one or more occasions within a 90-day period the 
 63.1   person unlawfully possesses one or more mixtures containing a 
 63.2   narcotic drug, it is packaged in dosage units, and equals 50 or 
 63.3   more dosage units; 
 63.4      (4) on one or more occasions within a 90-day period the 
 63.5   person unlawfully possesses any amount of a schedule I or II 
 63.6   narcotic drug or five or more dosage units of lysergic acid 
 63.7   diethylamide (LSD) in a school zone, a park zone, or a public 
 63.8   housing zone, or a drug treatment facility; 
 63.9      (5) on one or more occasions within a 90-day period the 
 63.10  person unlawfully possesses one or more mixtures of a total 
 63.11  weight of ten kilograms or more containing marijuana or 
 63.12  Tetrahydrocannabinols; or 
 63.13     (6) the person unlawfully possesses one or more mixtures 
 63.14  containing methamphetamine or amphetamine in a school zone, a 
 63.15  park zone, or a public housing zone, or a drug treatment 
 63.16  facility. 
 63.17     Sec. 11.  Minnesota Statutes 1996, section 152.023, 
 63.18  subdivision 3, is amended to read: 
 63.19     Subd. 3.  [PENALTY.] (a) A person convicted under 
 63.20  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 63.21  than 20 years or to payment of a fine of not more than $250,000, 
 63.22  or both. 
 63.23     (b) If the conviction is a subsequent controlled substance 
 63.24  conviction, a person convicted under subdivision 1 or 2 shall be 
 63.25  committed to the commissioner of corrections for not less than 
 63.26  two years nor more than 30 years and, in addition, may be 
 63.27  sentenced to payment of a fine of not more than $250,000.  
 63.28     (c) In a prosecution under subdivision 1 or 2 involving 
 63.29  sales or acts of possession by the same person in two or more 
 63.30  counties within a 90-day period, the person may be prosecuted in 
 63.31  any county in which one of the sales or acts of possession 
 63.32  occurred. 
 63.33     Sec. 12.  Minnesota Statutes 1996, section 152.024, 
 63.34  subdivision 1, is amended to read: 
 63.35     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 63.36  controlled substance crime in the fourth degree if: 
 64.1      (1) the person unlawfully sells one or more mixtures 
 64.2   containing a controlled substance classified in schedule I, II, 
 64.3   or III, except marijuana or Tetrahydrocannabinols; 
 64.4      (2) the person unlawfully sells one or more mixtures 
 64.5   containing a controlled substance classified in schedule IV or V 
 64.6   to a person under the age of 18; 
 64.7      (3) the person conspires with or employs a person under the 
 64.8   age of 18 to unlawfully sell a controlled substance classified 
 64.9   in schedule IV or V; or 
 64.10     (4) the person unlawfully sells any amount of marijuana or 
 64.11  Tetrahydrocannabinols in a school zone, a park zone, or a public 
 64.12  housing zone, or a drug treatment facility, except a small 
 64.13  amount for no remuneration. 
 64.14     Sec. 13.  Minnesota Statutes 1996, section 152.029, is 
 64.15  amended to read: 
 64.16     152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, PARK ZONES, AND 
 64.17  PUBLIC HOUSING ZONES, AND DRUG TREATMENT FACILITIES.] 
 64.18     The attorney general shall disseminate information to the 
 64.19  public relating to the penalties for committing controlled 
 64.20  substance crimes in park zones, school zones, and public housing 
 64.21  zones, and drug treatment facilities.  The attorney general 
 64.22  shall draft a plain language version of sections 152.022 and 
 64.23  152.023 and relevant provisions of the sentencing guidelines, 
 64.24  that describes in a clear and coherent manner using words with 
 64.25  common and everyday meanings the content of those provisions.  
 64.26  The attorney general shall publicize and disseminate the plain 
 64.27  language version as widely as practicable, including 
 64.28  distributing the version to school boards, local governments, 
 64.29  and administrators and occupants of drug treatment facilities 
 64.30  and public housing. 
 64.31     Sec. 14.  [EXTENSION OF EXPIRATION DATE.] 
 64.32     Notwithstanding Minnesota Statutes, section 15.059, the 
 64.33  advisory council on drug abuse resistance education expires on 
 64.34  June 30, 2001. 
 64.35     Sec. 15.  [EFFECTIVE DATE.] 
 64.36     Section 4 is effective August 1, 1998, and applies to acts 
 65.1   committed on or after that date.  Sections 1 to 3 and 5 to 13 
 65.2   are effective August 1, 1997, and apply to acts committed on or 
 65.3   after that date.  Section 14 is effective the day following 
 65.4   final enactment. 
 65.5                              ARTICLE 5
 65.6                            SEX OFFENDERS
 65.7      Section 1.  Minnesota Statutes 1996, section 243.166, 
 65.8   subdivision 2, is amended to read: 
 65.9      Subd. 2.  [NOTICE.] When a person who is required to 
 65.10  register under subdivision 1, paragraph (a), is sentenced or 
 65.11  becomes subject to a juvenile court disposition order, the court 
 65.12  shall tell the person of the duty to register under this 
 65.13  section.  The court shall require the person to read and sign a 
 65.14  form stating that the duty of the person to register under this 
 65.15  section has been explained.  If a person required to register 
 65.16  under subdivision 1, paragraph (a), was not notified by the 
 65.17  court of the registration requirement at the time of sentencing 
 65.18  or disposition, the assigned corrections agent shall notify the 
 65.19  person of the requirements of this section.  When a person who 
 65.20  is required to register under subdivision 1, paragraph (c), is 
 65.21  released from commitment, the treatment facility shall notify 
 65.22  the person of the requirements of this section.  The treatment 
 65.23  facility shall also obtain the registration information required 
 65.24  under this section and forward it to the bureau of criminal 
 65.25  apprehension. 
 65.26     Sec. 2.  Minnesota Statutes 1996, section 243.166, 
 65.27  subdivision 3, is amended to read: 
 65.28     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
 65.29  to register under this section shall register with the 
 65.30  corrections agent as soon as the agent is assigned to the 
 65.31  person.  If the person does not have an assigned corrections 
 65.32  agent or is unable to locate the assigned corrections agent, the 
 65.33  person shall register with the law enforcement agency that has 
 65.34  jurisdiction in the area of the person's residence. 
 65.35     (b) At least five days before the person changes residence 
 65.36  starts living at a new address, including changing residence to 
 66.1   living in another state, the person shall give written notice of 
 66.2   the address of the new residence new living address to the 
 66.3   assigned corrections agent or to the law enforcement authority 
 66.4   with which the person currently is registered.  An offender is 
 66.5   deemed to change residence when the offender remains at a new 
 66.6   address for longer than three days and evinces an intent to take 
 66.7   up residence there.  If the person will be living in a new state 
 66.8   and that state has a registration requirement, the person shall 
 66.9   also give written notice of the new address to the designated 
 66.10  registration agency in the new state.  The corrections agent or 
 66.11  law enforcement authority shall, within two business days after 
 66.12  receipt of this information, forward it to the bureau of 
 66.13  criminal apprehension.  The bureau of criminal apprehension 
 66.14  shall, if it has not already been done, notify the law 
 66.15  enforcement authority having primary jurisdiction in the 
 66.16  community where the person will live of the new address.  If the 
 66.17  person is leaving the state, the bureau of criminal apprehension 
 66.18  shall notify the registration authority in the new state of the 
 66.19  new address. 
 66.20     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
 66.21  subdivision 4, is amended to read: 
 66.22     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 66.23  provided to the corrections agent or law enforcement authority, 
 66.24  must consist of a statement in writing signed by the person, 
 66.25  giving information required by the bureau of criminal 
 66.26  apprehension, a fingerprint card, and photograph of the person 
 66.27  taken at the time of the person's release from incarceration or, 
 66.28  if the person was not incarcerated, at the time the person 
 66.29  initially registered under this section.  
 66.30     (b) Within three days, the corrections agent or law 
 66.31  enforcement authority shall forward the statement, fingerprint 
 66.32  card, and photograph to the bureau of criminal apprehension.  
 66.33  The bureau shall ascertain whether the person has registered 
 66.34  with the law enforcement authority where the person resides.  If 
 66.35  the person has not registered with the law enforcement 
 66.36  authority, the bureau shall send one copy to that authority.  
 67.1      (c) During the period a person is required to register 
 67.2   under this section, the following shall apply: 
 67.3      (1) Each year, within 30 days of the anniversary date of 
 67.4   the person's initial registration, the bureau of criminal 
 67.5   apprehension shall mail a verification form to the last reported 
 67.6   address of the person. 
 67.7      (2) The person shall mail the signed verification form back 
 67.8   to the bureau of criminal apprehension within ten days after 
 67.9   receipt of the form, stating on the form the current and last 
 67.10  address of the person. 
 67.11     (3) If the person fails to mail the completed and signed 
 67.12  verification form to the bureau of criminal apprehension within 
 67.13  ten days after receipt of the form, the person shall be in 
 67.14  violation of this section. 
 67.15     Sec. 4.  Minnesota Statutes 1996, section 244.052, 
 67.16  subdivision 3, is amended to read: 
 67.17     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 67.18  commissioner of corrections shall establish and administer 
 67.19  end-of-confinement review committees at each state correctional 
 67.20  facility and at each state treatment facility where sex 
 67.21  offenders are confined.  The committees shall assess on a 
 67.22  case-by-case basis: 
 67.23     (1) the public risk posed by sex offenders who are about to 
 67.24  be released from confinement; and 
 67.25     (2) the public risk posed by sex offenders who are accepted 
 67.26  from another state under a reciprocal agreement under the 
 67.27  interstate compact authorized by section 243.16.  
 67.28     (b) Each committee shall be a standing committee and shall 
 67.29  consist of the following members appointed by the commissioner: 
 67.30     (1) the chief executive officer or head of the correctional 
 67.31  or treatment facility where the offender is currently confined, 
 67.32  or that person's designee; 
 67.33     (2) a law enforcement officer; 
 67.34     (3) a treatment professional who is trained in the 
 67.35  assessment of sex offenders; 
 67.36     (4) a caseworker experienced in supervising sex offenders; 
 68.1   and 
 68.2      (5) an employee of the department of corrections from the 
 68.3   victim's services unit. 
 68.4      Members of the committee, other than the facility's chief 
 68.5   executive officer or head, shall be appointed by the 
 68.6   commissioner to two-year terms.  The chief executive officer or 
 68.7   head of the facility or designee shall act as chair of the 
 68.8   committee and shall use the facility's staff, as needed, to 
 68.9   administer the committee, obtain necessary information from 
 68.10  outside sources, and prepare risk assessment reports on 
 68.11  offenders. 
 68.12     (c) The committee shall have access to the following data 
 68.13  on a sex offender only for the purposes of its assessment and to 
 68.14  defend the committee's risk assessment determination upon 
 68.15  administrative review under this section: 
 68.16     (1) private medical data under section 13.42 or 144.335, or 
 68.17  welfare data under section 13.46 that relate to medical 
 68.18  treatment of the offender; 
 68.19     (2) private and confidential court services data under 
 68.20  section 13.84; 
 68.21     (3) private and confidential corrections data under section 
 68.22  13.85; and 
 68.23     (4) private criminal history data under section 13.87. 
 68.24     Data collected and maintained by the committee under this 
 68.25  paragraph may not be disclosed outside the committee, except as 
 68.26  provided under section 13.05, subdivision 3 or 4.  The sex 
 68.27  offender has access to data on the offender collected and 
 68.28  maintained by the committee, unless the data are confidential 
 68.29  data received under this paragraph. 
 68.30     (d) At least 90 days before a sex offender is to be 
 68.31  released from confinement or accepted for supervision, the 
 68.32  commissioner of corrections shall convene the appropriate 
 68.33  end-of-confinement review committee for the purpose of assessing 
 68.34  the risk presented by the offender and determining the risk 
 68.35  level to which the offender shall be assigned under paragraph 
 68.36  (e).  The offender shall be notified of the time and place of 
 69.1   the committee's meeting and has a right to be present and be 
 69.2   heard at the meeting.  The committee shall use the risk factors 
 69.3   described in paragraph (g) and the risk assessment scale 
 69.4   developed under subdivision 2 to determine the offender's risk 
 69.5   assessment score and risk level.  Offenders scheduled for 
 69.6   release from confinement shall be assessed by the committee 
 69.7   established at the facility from which the offender is to be 
 69.8   released.  Offenders accepted for supervision shall be assessed 
 69.9   by whichever committee the commissioner directs. 
 69.10     (e) The committee shall assign to risk level I a sex 
 69.11  offender whose risk assessment score indicates a low risk of 
 69.12  reoffense.  The committee shall assign to risk level II an 
 69.13  offender whose risk assessment score indicates a moderate risk 
 69.14  of reoffense.  The committee shall assign to risk level III an 
 69.15  offender whose risk assessment score indicates a high risk of 
 69.16  reoffense. 
 69.17     (f) Before the sex offender is released from confinement or 
 69.18  accepted for supervision, the committee shall prepare a risk 
 69.19  assessment report which specifies the risk level to which the 
 69.20  offender has been assigned and the reasons underlying the 
 69.21  committee's risk assessment decision.  The committee shall give 
 69.22  the report to the offender and to the law enforcement agency at 
 69.23  least 60 days before an offender is released from confinement or 
 69.24  accepted for supervision.  The committee also shall inform the 
 69.25  offender of the availability of review under subdivision 6. 
 69.26     (g) As used in this subdivision, "risk factors" includes, 
 69.27  but is not limited to, the following factors: 
 69.28     (1) the seriousness of the offense should the offender 
 69.29  reoffend.  This factor includes consideration of the following:  
 69.30     (i) the degree of likely force or harm; 
 69.31     (ii) the degree of likely physical contact; and 
 69.32     (iii) the age of the likely victim; 
 69.33     (2) the offender's prior offense history.  This factor 
 69.34  includes consideration of the following: 
 69.35     (i) the relationship of prior victims to the offender; 
 69.36     (ii) the number of prior offenses or victims; 
 70.1      (iii) the duration of the offender's prior offense history; 
 70.2      (iv) the length of time since the offender's last prior 
 70.3   offense while the offender was at risk to commit offenses; and 
 70.4      (v) the offender's prior history of other antisocial acts; 
 70.5      (3) the offender's characteristics.  This factor includes 
 70.6   consideration of the following:  
 70.7      (i) the offender's response to prior treatment efforts; and 
 70.8      (ii) the offender's history of substance abuse; 
 70.9      (4) the availability of community supports to the offender. 
 70.10  This factor includes consideration of the following: 
 70.11     (i) the availability and likelihood that the offender will 
 70.12  be involved in therapeutic treatment; 
 70.13     (ii) the availability of residential supports to the 
 70.14  offender, such as a stable and supervised living arrangement in 
 70.15  an appropriate location; 
 70.16     (iii) the offender's familial and social relationships, 
 70.17  including the nature and length of these relationships and the 
 70.18  level of support that the offender may receive from these 
 70.19  persons; and 
 70.20     (iv) the offender's lack of education or employment 
 70.21  stability; 
 70.22     (5) whether the offender has indicated or credible evidence 
 70.23  in the record indicates that the offender will reoffend if 
 70.24  released into the community; and 
 70.25     (6) whether the offender demonstrates a physical condition 
 70.26  that minimizes the risk of reoffense, including but not limited 
 70.27  to, advanced age or a debilitating illness or physical condition.
 70.28     (h) Upon the request of the law enforcement agency or the 
 70.29  offender's corrections agent, the commissioner may reconvene the 
 70.30  end-of-confinement review committee for the purpose of 
 70.31  reassessing the risk level to which an offender has been 
 70.32  assigned under paragraph (e).  In a request for a reassessment, 
 70.33  the law enforcement agency or agent shall list the facts and 
 70.34  circumstances arising after the initial assignment under 
 70.35  paragraph (e) which support the request for a reassessment.  
 70.36  Upon review of the request, the end-of-confinement review 
 71.1   committee may reassign an offender to a different risk level.  
 71.2   If the offender is reassigned to a higher risk level, the 
 71.3   offender has the right to seek review of the committee's 
 71.4   determination under subdivision 6. 
 71.5      (i) An offender may request the end-of-confinement review 
 71.6   committee to reassess the offender's assigned risk level after 
 71.7   two years have elapsed since the committee's initial risk 
 71.8   assessment and may renew the request once every two years 
 71.9   following subsequent denials.  In a request for reassessment, 
 71.10  the offender shall list the facts and circumstances which 
 71.11  demonstrate that the offender no longer poses the same degree of 
 71.12  risk to the community.  The committee shall follow the process 
 71.13  outlined in paragraphs (a) to (e), and (g) in the reassessment. 
 71.14     Sec. 5.  Minnesota Statutes 1996, section 244.052, 
 71.15  subdivision 4, is amended to read: 
 71.16     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 71.17  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 71.18  area where the sex offender resides, expects to reside, is 
 71.19  employed, or is regularly found, is authorized to shall disclose 
 71.20  information to the public any information regarding the offender 
 71.21  contained in the report forwarded to the agency under 
 71.22  subdivision 3, paragraph (f), if the agency determines that 
 71.23  disclosure of the information is relevant and necessary to 
 71.24  protect the public and to counteract the offender's 
 71.25  dangerousness.  The extent of the information disclosed and the 
 71.26  community to whom disclosure is made must relate to the level of 
 71.27  danger posed by the offender, to the offender's pattern of 
 71.28  offending behavior, and to the need of community members for 
 71.29  information to enhance their individual and collective safety. 
 71.30     (b) The law enforcement agency shall consider the following 
 71.31  guidelines in determining the scope of disclosure made under 
 71.32  this subdivision: 
 71.33     (1) if the offender is assigned to risk level I, the agency 
 71.34  may maintain information regarding the offender within the 
 71.35  agency and may disclose it to other law enforcement agencies.  
 71.36  Additionally, the agency may disclose the information to any 
 72.1   victims of or witnesses to the offense committed by the offender.
 72.2   The agency shall disclose the information to victims of the 
 72.3   offense committed by the offender who have requested disclosure; 
 72.4      (2) if the offender is assigned to risk level II, the 
 72.5   agency also may disclose the information to the following 
 72.6   agencies and groups that the offender is likely to 
 72.7   encounter: for the purpose of securing those institutions and 
 72.8   protecting individuals in their care while they are on or near 
 72.9   the premises of the institution.  These agencies and groups 
 72.10  include the staff members of public and private educational 
 72.11  institutions;, day care establishments;, and establishments and 
 72.12  organizations that primarily serve individuals likely to be 
 72.13  victimized by the offender.  The agency also may disclose the 
 72.14  information to individuals the agency believes are likely to be 
 72.15  victimized by the offender.  The agency's belief shall be based 
 72.16  on the offender's pattern of offending or victim preference as 
 72.17  documented in the information provided by the department of 
 72.18  corrections or human services; 
 72.19     (3) if the offender is assigned to risk level III, the 
 72.20  agency also may disclose the information to other members of the 
 72.21  community whom the offender is likely to encounter. 
 72.22     Notwithstanding the assignment of a sex offender to risk 
 72.23  level II or III, a law enforcement agency may not make the 
 72.24  disclosures permitted by clause (2) or (3), if:  the offender is 
 72.25  placed or resides in a residential facility that is licensed as 
 72.26  a residential program, as defined in section 245A.02, 
 72.27  subdivision 14, by the commissioner of human services under 
 72.28  chapter 254A, or the commissioner of corrections under section 
 72.29  241.021; and the facility and its staff are trained in the 
 72.30  supervision of sex offenders.  However, if an offender is placed 
 72.31  or resides in a licensed facility, the head of the facility 
 72.32  shall notify the law enforcement agency before the end of the 
 72.33  offender's placement or residence in the facility.  Upon 
 72.34  receiving this notification, commissioner of corrections or the 
 72.35  commissioner of human services within 48 hours after finalizing 
 72.36  the offender's approved relocation plan to a permanent 
 73.1   residence.  Within five days after receiving this notification, 
 73.2   the appropriate commissioner shall give to the appropriate law 
 73.3   enforcement agency all relevant information the commissioner has 
 73.4   concerning the offender, including information on the risk 
 73.5   factors in the offender's history and the risk level to which 
 73.6   the offender was assigned.  After receiving this information, 
 73.7   the law enforcement agency may make the disclosures permitted by 
 73.8   clause (2) or (3), as appropriate. 
 73.9      (c) As used in paragraph (b), clauses (2) and (3), "likely 
 73.10  to encounter" means that:  
 73.11     (1) the organizations or community members are in a 
 73.12  location or in close proximity to a location where the offender 
 73.13  lives or is employed, or which the offender visits or is likely 
 73.14  to visit on a regular basis, other than the location of the 
 73.15  offender's outpatient treatment program; and 
 73.16     (2) the types of interaction which ordinarily occur at that 
 73.17  location and other circumstances indicate that contact with the 
 73.18  offender is reasonably certain. 
 73.19     (d) A law enforcement agency or official who decides to 
 73.20  disclose information under this subdivision shall make a good 
 73.21  faith effort to make the notification at least 14 days before an 
 73.22  offender is released from confinement or accepted for 
 73.23  supervision.  If a change occurs in the release plan, this 
 73.24  notification provision does not require an extension of the 
 73.25  release date.  
 73.26     (e) A law enforcement agency or official that decides to 
 73.27  disclose information under this subdivision shall make a good 
 73.28  faith effort to conceal not disclose the identity of the victim 
 73.29  or victims of or witnesses to the offender's offense offenses. 
 73.30     (f) A law enforcement agency may continue to disclose 
 73.31  information on an offender under this subdivision for as long as 
 73.32  the offender is required to register under section 243.166. 
 73.33     Sec. 6.  Minnesota Statutes 1996, section 244.052, 
 73.34  subdivision 5, is amended to read: 
 73.35     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 73.36  ENFORCEMENT.] At least 60 days before a sex offender is released 
 74.1   from confinement or accepted for supervision, the department of 
 74.2   corrections or the department of human services, in the case of 
 74.3   a person who was committed under section 253B.185 or Minnesota 
 74.4   Statutes 1992, section 526.10, shall provide give to the 
 74.5   appropriate law enforcement agency that investigated the 
 74.6   offender's crime of conviction or, where relevant, the law 
 74.7   enforcement agency having primary jurisdiction where the 
 74.8   offender was committed, all relevant information that the 
 74.9   departments have concerning the offender, including information 
 74.10  on risk factors in the offender's history.  Within five days 
 74.11  after receiving the offender's approved release plan from the 
 74.12  office of adult release, the appropriate department shall give 
 74.13  to the law enforcement agency having primary jurisdiction where 
 74.14  the offender plans to reside all relevant information the 
 74.15  department has concerning the offender, including information on 
 74.16  risk factors in the offender's history and the risk level to 
 74.17  which the offender was assigned. 
 74.18     Sec. 7.  Minnesota Statutes 1996, section 244.052, 
 74.19  subdivision 6, is amended to read: 
 74.20     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 74.21  or reassigned to risk level II or III under subdivision 3, 
 74.22  paragraph (e) or (h), has the right to seek administrative 
 74.23  review of an end-of-confinement review committee's risk 
 74.24  assessment determination.  The offender must exercise this right 
 74.25  within 14 days of receiving notice of the committee's decision 
 74.26  by notifying the chair of the committee.  Upon receiving the 
 74.27  request for administrative review, the chair shall notify:  (1) 
 74.28  the offender,; (2) the victim or victims of the offender's 
 74.29  offense who have requested disclosure or their designee,; (3) 
 74.30  the law enforcement agency, that investigated the offender's 
 74.31  crime of conviction or, where relevant, the law enforcement 
 74.32  agency having primary jurisdiction where the offender was 
 74.33  committed; (4) the law enforcement agency having jurisdiction 
 74.34  where the offender expects to reside, providing that the release 
 74.35  plan has been approved by the office of adult release of the 
 74.36  department of corrections; (5) and any other individuals the 
 75.1   chair may select, of.  The notice shall state the time and place 
 75.2   of the hearing.  A request for a review hearing shall not 
 75.3   interfere with or delay the notification process under 
 75.4   subdivision 4 or 5, unless the administrative law judge orders 
 75.5   otherwise for good cause shown. 
 75.6      (b) An offender who requests a review hearing must be given 
 75.7   a reasonable opportunity to prepare for the hearing.  The review 
 75.8   hearing shall be conducted on the record before an 
 75.9   administrative law judge.  The review hearing shall be conducted 
 75.10  at the correctional facility in which the offender is currently 
 75.11  confined.  If the offender no longer is incarcerated, the 
 75.12  administrative law judge shall determine the place where the 
 75.13  review hearing will be conducted.  The offender has the burden 
 75.14  of proof to show, by a preponderance of the evidence, that the 
 75.15  end-of-confinement review committee's risk assessment 
 75.16  determination was erroneous.  The attorney general or a designee 
 75.17  shall defend the end-of-confinement review committee's 
 75.18  determination.  The offender has the right to be present and be 
 75.19  represented by counsel at the hearing, to present evidence in 
 75.20  support of the offender's position, to call supporting witnesses 
 75.21  and to cross-examine witnesses testifying in support of the 
 75.22  committee's determination.  Counsel for indigent offenders shall 
 75.23  be provided by the Legal Advocacy Project of the state public 
 75.24  defender's office.  
 75.25     (c) After the hearing is concluded, the administrative law 
 75.26  judge shall decide whether the end-of-confinement review 
 75.27  committee's risk assessment determination was erroneous and, 
 75.28  based on this decision, shall either uphold or modify the review 
 75.29  committee's determination.  The judge's decision shall be in 
 75.30  writing and shall include the judge's reasons for the decision.  
 75.31  The judge's decision shall be final and a copy of it shall be 
 75.32  given to the offender, the victim, the law enforcement agency, 
 75.33  and the chair of the end-of-confinement review committee. 
 75.34     (d) The review hearing is subject to the contested case 
 75.35  provisions of chapter 14. 
 75.36     (e) The administrative law judge may seal any portion of 
 76.1   the record of the administrative review hearing to the extent 
 76.2   necessary to protect the identity of a victim of or witness to 
 76.3   the offender's offense. 
 76.4      Sec. 8.  Minnesota Statutes 1996, section 609.135, is 
 76.5   amended by adding a subdivision to read: 
 76.6      Subd. 1c.  [FAILURE TO COMPLETE COURT-ORDERED 
 76.7   TREATMENT.] If the court orders a defendant to undergo treatment 
 76.8   as a condition of probation and if the defendant fails to 
 76.9   successfully complete treatment at least 60 days before the term 
 76.10  of probation expires, the prosecutor or the defendant's 
 76.11  probation officer may ask the court to hold a hearing to 
 76.12  determine whether the conditions of probation should be changed 
 76.13  or probation should be revoked.  The court shall schedule and 
 76.14  hold this hearing and take appropriate action, including action 
 76.15  under subdivision 2, paragraph (h), before the defendant's term 
 76.16  of probation expires. 
 76.17     Sec. 9.  Minnesota Statutes 1996, section 609.135, 
 76.18  subdivision 2, is amended to read: 
 76.19     Subd. 2.  (a) If the conviction is for a felony the stay 
 76.20  shall be for not more than four years or the maximum period for 
 76.21  which the sentence of imprisonment might have been imposed, 
 76.22  whichever is longer. 
 76.23     (b) If the conviction is for a gross misdemeanor violation 
 76.24  of section 169.121 or 169.129, the stay shall be for not more 
 76.25  than four years.  The court shall provide for unsupervised 
 76.26  probation for the last one year of the stay unless the court 
 76.27  finds that the defendant needs supervised probation for all or 
 76.28  part of the last one year. 
 76.29     (c) If the conviction is for a gross misdemeanor not 
 76.30  specified in paragraph (b), the stay shall be for not more than 
 76.31  two years. 
 76.32     (d) If the conviction is for any misdemeanor under section 
 76.33  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 76.34  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 76.35  which the victim of the crime was a family or household member 
 76.36  as defined in section 518B.01, the stay shall be for not more 
 77.1   than two years.  The court shall provide for unsupervised 
 77.2   probation for the second year of the stay unless the court finds 
 77.3   that the defendant needs supervised probation for all or part of 
 77.4   the second year. 
 77.5      (e) If the conviction is for a misdemeanor not specified in 
 77.6   paragraph (d), the stay shall be for not more than one year.  
 77.7      (f) The defendant shall be discharged six months after the 
 77.8   term of the stay expires, unless the stay has been revoked or 
 77.9   extended under paragraph (g) or (h), or the defendant has 
 77.10  already been discharged. 
 77.11     (g) Notwithstanding the maximum periods specified for stays 
 77.12  of sentences under paragraphs (a) to (f), a court may extend a 
 77.13  defendant's term of probation for up to one year if it finds, at 
 77.14  a hearing conducted under subdivision 1a, that: 
 77.15     (1) the defendant has not paid court-ordered restitution or 
 77.16  a fine in accordance with the payment schedule or structure; and 
 77.17     (2) the defendant is likely to not pay the restitution or 
 77.18  fine the defendant owes before the term of probation expires.  
 77.19  This one-year extension of probation for failure to pay 
 77.20  restitution or a fine may be extended by the court for up to one 
 77.21  additional year if the court finds, at another hearing conducted 
 77.22  under subdivision 1a, that the defendant still has not paid the 
 77.23  court-ordered restitution or fine that the defendant owes. 
 77.24     (h) Notwithstanding the maximum periods specified for stays 
 77.25  of sentences under paragraphs (a) to (f), a court may extend a 
 77.26  defendant's term of probation for up to three years if it finds, 
 77.27  at a hearing conducted under subdivision 1c, that: 
 77.28     (1) the defendant has failed to complete court-ordered 
 77.29  treatment successfully; and 
 77.30     (2) the defendant is likely not to complete court-ordered 
 77.31  treatment before the term of probation expires. 
 77.32     Sec. 10.  Minnesota Statutes 1996, section 609.347, 
 77.33  subdivision 7, is amended to read: 
 77.34     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph 
 77.35  (c) 412 of the Rules of Evidence is superseded to the extent of 
 77.36  its conflict with this section. 
 78.1      Sec. 11.  Minnesota Statutes 1996, section 609.746, 
 78.2   subdivision 1, is amended to read: 
 78.3      Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
 78.4   DEVICE.] (a) A person is guilty of a misdemeanor who: 
 78.5      (1) enters upon another's property; 
 78.6      (2) surreptitiously gazes, stares, or peeps in the window 
 78.7   or any other aperture of a house or place of dwelling of 
 78.8   another; and 
 78.9      (3) does so with intent to intrude upon or interfere with 
 78.10  the privacy of a member of the household. 
 78.11     (b) A person is guilty of a misdemeanor who: 
 78.12     (1) enters upon another's property; 
 78.13     (2) surreptitiously installs or uses any device for 
 78.14  observing, photographing, recording, amplifying, or broadcasting 
 78.15  sounds or events through the window or any other aperture of a 
 78.16  house or place of dwelling of another; and 
 78.17     (3) does so with intent to intrude upon or interfere with 
 78.18  the privacy of a member of the household. 
 78.19     (c) A person is guilty of a misdemeanor who: 
 78.20     (1) surreptitiously gazes, stares, or peeps in the window 
 78.21  or other aperture of a sleeping room in a hotel, as defined in 
 78.22  section 327.70, subdivision 3, a tanning booth, or other place 
 78.23  where a reasonable person would have an expectation of privacy 
 78.24  and has exposed or is likely to expose their intimate parts, as 
 78.25  defined in section 609.341, subdivision 5, or the clothing 
 78.26  covering the immediate area of the intimate parts; and 
 78.27     (2) does so with intent to intrude upon or interfere with 
 78.28  the privacy of the occupant. 
 78.29     (d) A person is guilty of a misdemeanor who: 
 78.30     (1) surreptitiously installs or uses any device for 
 78.31  observing, photographing, recording, amplifying, or broadcasting 
 78.32  sounds or events through the window or other aperture of a 
 78.33  sleeping room in a hotel, as defined in section 327.70, 
 78.34  subdivision 3, a tanning booth, or other place where a 
 78.35  reasonable person would have an expectation of privacy and has 
 78.36  exposed or is likely to expose their intimate parts, as defined 
 79.1   in section 609.341, subdivision 5, or the clothing covering the 
 79.2   immediate area of the intimate parts; and 
 79.3      (2) does so with intent to intrude upon or interfere with 
 79.4   the privacy of the occupant. 
 79.5      (e) A person is guilty of a gross misdemeanor if the person:
 79.6      (1) violates this subdivision after a previous conviction 
 79.7   under this subdivision or section 609.749; or 
 79.8      (2) violates this subdivision against a minor under the age 
 79.9   of 16, knowing or having reason to know that the minor is 
 79.10  present. 
 79.11     (f) Paragraphs (b) and (d) do not apply to law enforcement 
 79.12  officers or corrections investigators, or to those acting under 
 79.13  their direction, while engaged in the performance of their 
 79.14  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
 79.15  in:  (1) a medical facility; or (2) a commercial establishment 
 79.16  if the owner of the establishment has posted conspicuous signs 
 79.17  warning that the premises are under surveillance by the owner or 
 79.18  the owner's employees. 
 79.19     Sec. 12.  [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS 
 79.20  CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.] 
 79.21     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 79.22     (1) "community notification" means the public disclosure of 
 79.23  information about sex offenders by local law enforcement 
 79.24  agencies under Minnesota Statutes, section 244.052; 
 79.25     (2) "federal prison" means a correctional facility 
 79.26  administered by the federal Bureau of Prisons in which sex 
 79.27  offenders are or may be confined; and 
 79.28     (3) "sex offender" means a person who has been convicted of 
 79.29  a federal offense for which registration under Minnesota 
 79.30  Statutes, section 243.166, is required. 
 79.31     Subd. 2.  [DEVELOPMENT OF PLAN.] The commissioner of 
 79.32  corrections shall collaborate with the federal Bureau of Prisons 
 79.33  and the chief executive officer of any federal prison located in 
 79.34  this state in developing a community notification plan 
 79.35  concerning sex offenders confined in federal prisons in 
 79.36  Minnesota who intend to reside in this state upon release.  The 
 80.1   plan shall address the following matters: 
 80.2      (1) the membership and operation of the end-of-confinement 
 80.3   review committees that will operate in the federal prisons to 
 80.4   conduct risk assessments on sex offenders who intend to reside 
 80.5   in Minnesota upon release; 
 80.6      (2) the classification and use of data on sex offenders 
 80.7   that are collected or maintained by the committees; 
 80.8      (3) the procedures governing the sex offender's 
 80.9   participation in the committee's meetings; 
 80.10     (4) the process for a sex offender to seek review of the 
 80.11  committee's risk assessment determination; and 
 80.12     (5) any other matters deemed important by the commissioner 
 80.13  and the federal authorities. 
 80.14     Subd. 3.  [REPORT TO LEGISLATURE.] On or before February 1, 
 80.15  1998, the commissioner of corrections shall file a report with 
 80.16  the chairs of the house judiciary committee and the senate crime 
 80.17  prevention committee.  The report shall summarize the community 
 80.18  notification plan agreed to by the commissioner and the federal 
 80.19  Bureau of Prisons and shall specify the statutory changes needed 
 80.20  to accomplish that plan. 
 80.21     Sec. 13. [EFFECTIVE DATE.] 
 80.22     Sections 1 to 3 are effective August 1, 1997, and apply to 
 80.23  persons who are released from prison on or after that date, who 
 80.24  are under supervision as of that date, or who enter this state 
 80.25  on or after that date.  Sections 4 to 7 are effective the day 
 80.26  following final enactment and apply to offenders sentenced or 
 80.27  released from confinement on or after that date.  Sections 8, 9, 
 80.28  and 11 are effective August 1, 1997, and apply to crimes 
 80.29  committed on or after that date. 
 80.30                             ARTICLE 6
 80.31                    CHILD PROTECTION PROVISIONS
 80.32     Section 1.  Minnesota Statutes 1996, section 256E.03, 
 80.33  subdivision 2, is amended to read: 
 80.34     Subd. 2.  (a) "Community social services" means services 
 80.35  provided or arranged for by county boards to fulfill the 
 80.36  responsibilities prescribed in section 256E.08, subdivision 1, 
 81.1   to the following groups of persons: 
 81.2      (1) families with children under age 18, who are 
 81.3   experiencing child dependency, neglect or abuse, and also 
 81.4   pregnant adolescents, adolescent parents under the age of 18, 
 81.5   and their children, and other adolescents; 
 81.6      (2) persons, including adolescents, who are under the 
 81.7   guardianship of the commissioner of human services as dependent 
 81.8   and neglected wards; 
 81.9      (3) adults who are in need of protection and vulnerable as 
 81.10  defined in section 626.5572; 
 81.11     (4) persons age 60 and over who are experiencing difficulty 
 81.12  living independently and are unable to provide for their own 
 81.13  needs; 
 81.14     (5) emotionally disturbed children and adolescents, 
 81.15  chronically and acutely mentally ill persons who are unable to 
 81.16  provide for their own needs or to independently engage in 
 81.17  ordinary community activities; 
 81.18     (6) persons with mental retardation as defined in section 
 81.19  252A.02, subdivision 2, or with related conditions as defined in 
 81.20  section 252.27, subdivision 1a, who are unable to provide for 
 81.21  their own needs or to independently engage in ordinary community 
 81.22  activities; 
 81.23     (7) drug dependent and intoxicated persons, including 
 81.24  adolescents, as defined in section 254A.02, subdivisions 5 and 
 81.25  7, and persons, including adolescents, at risk of harm to self 
 81.26  or others due to the ingestion of alcohol or other drugs; 
 81.27     (8) parents whose income is at or below 70 percent of the 
 81.28  state median income and who are in need of child care services 
 81.29  in order to secure or retain employment or to obtain the 
 81.30  training or education necessary to secure employment; and 
 81.31     (9) children and adolescents involved in or at risk of 
 81.32  involvement with criminal activity; and 
 81.33     (10) other groups of persons who, in the judgment of the 
 81.34  county board, are in need of social services. 
 81.35     (b) Except as provided in section 256E.08, subdivision 5, 
 81.36  community social services do not include public assistance 
 82.1   programs known as aid to families with dependent children, 
 82.2   Minnesota supplemental aid, medical assistance, general 
 82.3   assistance, general assistance medical care, or community health 
 82.4   services authorized by sections 145A.09 to 145A.13.  
 82.5      Sec. 2.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
 82.6      Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
 82.7   agency with legal responsibility for the placement of a child 
 82.8   may request and shall receive all information pertaining to the 
 82.9   child that it considers necessary to appropriately carry out its 
 82.10  duties.  That information must include educational, medical, 
 82.11  psychological, psychiatric, and social or family history data 
 82.12  retained in any form by any individual or entity.  The agency 
 82.13  may gather appropriate data regarding the child's parents in 
 82.14  order to develop and implement a case plan required by section 
 82.15  257.071.  Upon request of the court responsible for overseeing 
 82.16  the provision of services to the child and family and for 
 82.17  implementing orders that are in the best interest of the child, 
 82.18  the responsible local social service agency or tribal social 
 82.19  service agency shall provide appropriate written or oral reports 
 82.20  from any individual or entity that has provided services to the 
 82.21  child or family.  The reports must include the nature of the 
 82.22  services being provided the child or family; the reason for the 
 82.23  services; the nature, extent, and quality of the child's or 
 82.24  parent's participation in the services, where appropriate; and 
 82.25  recommendations for continued services, where appropriate.  The 
 82.26  individual or entity shall report all observations and 
 82.27  information upon which it bases its report as well as its 
 82.28  conclusions.  If necessary to facilitate the receipt of the 
 82.29  reports, the court may issue appropriate orders. 
 82.30     Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
 82.31  agency responsible for the residential placement of a child 
 82.32  under this section and the residential facility in which the 
 82.33  child is placed shall have access to the following data on the 
 82.34  child: 
 82.35     (1) medical data under section 13.42; 
 82.36     (2) corrections and detention data under section 13.85; 
 83.1      (3) juvenile court data under section 260.161; and 
 83.2      (4) health records under section 144.335. 
 83.3      Sec. 3.  Minnesota Statutes 1996, section 257.071, is 
 83.4   amended by adding a subdivision to read: 
 83.5      Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
 83.6   social service agency shall inform a parent considering 
 83.7   voluntary placement of a child who is not developmentally 
 83.8   disabled or emotionally handicapped of the following: 
 83.9      (1) the parent and the child each has a right to separate 
 83.10  legal counsel before signing a voluntary placement agreement, 
 83.11  but not to counsel appointed at public expense; 
 83.12     (2) the parent is not required to agree to the voluntary 
 83.13  placement, and a parent who enters a voluntary placement 
 83.14  agreement may at any time request that the agency return the 
 83.15  child.  If the parent so requests, the child must be returned 
 83.16  within 24 hours of the receipt of the request; 
 83.17     (3) evidence gathered during the time the child is 
 83.18  voluntarily placed may be used at a later time as the basis for 
 83.19  a petition alleging that the child is in need of protection or 
 83.20  services or as the basis for a petition seeking termination of 
 83.21  parental rights; 
 83.22     (4) if the local social service agency files a petition 
 83.23  alleging that the child is in need of protection or services or 
 83.24  a petition seeking the termination of parental rights, the 
 83.25  parent would have the right to appointment of separate legal 
 83.26  counsel and the child would have a right to the appointment of 
 83.27  counsel and a guardian ad litem as provided by law, and that 
 83.28  counsel will be appointed at public expense if they are unable 
 83.29  to afford counsel; and 
 83.30     (5) the timelines and procedures for review of voluntary 
 83.31  placements under subdivision 3, and the effect the time spent in 
 83.32  voluntary placement on the scheduling of a permanent placement 
 83.33  determination hearing under section 260.191, subdivision 3b.  
 83.34     Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
 83.35  amended by adding a subdivision to read: 
 83.36     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
 84.1   after a child is initially placed in a residential facility, the 
 84.2   local social service agency shall identify any relatives of the 
 84.3   child and notify them of the possibility of a permanent 
 84.4   out-of-home placement of the child, and that a decision not to 
 84.5   be a placement resource at the beginning of the case may affect 
 84.6   the relative's right to have the child placed with that relative 
 84.7   later.  The relatives must be notified that they must keep the 
 84.8   local social service agency informed of their current address in 
 84.9   order to receive notice of any permanent placement hearing.  A 
 84.10  relative who fails to provide a current address to the local 
 84.11  social service agency forfeits the right to notice of permanent 
 84.12  placement. 
 84.13     (b) When the agency determines that it is necessary to 
 84.14  prepare for the permanent placement determination hearing, or in 
 84.15  anticipation of filing a termination of parental rights 
 84.16  petition, the agency shall send notice to the relatives, any 
 84.17  adult with whom the child is currently residing, any adult with 
 84.18  whom the child has resided for one year or longer in the past, 
 84.19  and any adults who have maintained a relationship or exercised 
 84.20  visitation with the child as identified in the agency case 
 84.21  plan.  The notice must state that a permanent home is sought for 
 84.22  the child and that the individuals receiving the notice may 
 84.23  indicate to the agency their interest in providing a permanent 
 84.24  home.  The notice must contain an advisory that if the relative 
 84.25  chooses not to be a placement resource at the beginning of the 
 84.26  case, this may affect the relative's rights to have the child 
 84.27  placed with that relative permanently later on. 
 84.28     Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
 84.29  amended by adding a subdivision to read:  
 84.30     Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
 84.31  from a permanent placement disposition authorized under section 
 84.32  260.191, subdivision 3b, within one year after the placement was 
 84.33  made: 
 84.34     (1) the child must be returned to the residential facility 
 84.35  where the child was placed immediately preceding the permanent 
 84.36  placement; or 
 85.1      (2) the court shall hold a hearing within ten days after 
 85.2   the child is taken into custody to determine where the child is 
 85.3   to be placed.  A guardian ad litem must be appointed for the 
 85.4   child for this hearing. 
 85.5      Sec. 6.  Minnesota Statutes 1996, section 257.071, 
 85.6   subdivision 3, is amended to read: 
 85.7      Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
 85.8   provided in subdivision 4, if the child has been placed in a 
 85.9   residential facility pursuant to a voluntary release by the 
 85.10  parent or parents, and is not returned home within six months 90 
 85.11  days after initial placement in the residential facility, the 
 85.12  social service agency responsible for the placement shall: 
 85.13     (1) return the child to the home of the parent or parents; 
 85.14  or 
 85.15     (2) file an appropriate a petition pursuant to section 
 85.16  260.131 or 260.231 to extend the placement for 90 days. 
 85.17     The case plan must be updated when a petition is filed and 
 85.18  must include a specific plan for permanency.  
 85.19     If the court approves the extension, at the end of the 
 85.20  second 90-day period, the child must be returned to the parent's 
 85.21  home, unless a petition is filed for a child in need of 
 85.22  protection or services. 
 85.23     Sec. 7.  Minnesota Statutes 1996, section 257.071, 
 85.24  subdivision 4, is amended to read: 
 85.25     Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 85.26  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
 85.27  disabled child, as that term is defined in United States Code, 
 85.28  title 42, section 6001 (7), as amended through December 31, 
 85.29  1979, or a child diagnosed with an emotional handicap as defined 
 85.30  in section 252.27, subdivision 1a, has been placed in a 
 85.31  residential facility pursuant to a voluntary release by the 
 85.32  child's parent or parents because of the child's handicapping 
 85.33  conditions or need for long-term residential treatment or 
 85.34  supervision, the social service agency responsible for the 
 85.35  placement shall bring a petition for review of the child's 
 85.36  foster care status, pursuant to section 260.131, subdivision 1a, 
 86.1   rather than a petition as required by subdivision 3, clause 
 86.2   (b) section 260.191, subdivision 3b, after the child has been in 
 86.3   foster care for 18 six months or, in the case of a child with an 
 86.4   emotional handicap, after the child has been in a residential 
 86.5   facility for six months.  Whenever a petition for review is 
 86.6   brought pursuant to this subdivision, a guardian ad litem shall 
 86.7   be appointed for the child. 
 86.8      Sec. 8.  Minnesota Statutes 1996, section 257.072, 
 86.9   subdivision 1, is amended to read: 
 86.10     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
 86.11  authorized child-placing agency shall make special efforts to 
 86.12  recruit a foster family from among the child's relatives, except 
 86.13  as authorized in section 260.181, subdivision 3.  Each agency 
 86.14  shall provide for diligent recruitment of potential foster 
 86.15  families that reflect the ethnic and racial diversity of the 
 86.16  children in the state for whom foster homes are needed.  Special 
 86.17  efforts include contacting and working with community 
 86.18  organizations and religious organizations and may include 
 86.19  contracting with these organizations, utilizing local media and 
 86.20  other local resources, conducting outreach activities, and 
 86.21  increasing the number of minority recruitment staff employed by 
 86.22  the agency.  The requirement of special efforts to locate 
 86.23  relatives in this section is satisfied if on the earlier of the 
 86.24  following occasions: 
 86.25     (1) when the child is placed with a relative who is 
 86.26  interested in providing a permanent placement for the child; or 
 86.27     (2) when the responsible child-placing agency has made 
 86.28  appropriate special efforts for six months following the child's 
 86.29  placement in a residential facility and the court approves the 
 86.30  agency's efforts pursuant to section 260.191, subdivision 3a.  
 86.31  The agency may accept any gifts, grants, offers of services, and 
 86.32  other contributions to use in making special recruitment efforts.
 86.33     Sec. 9.  Minnesota Statutes 1996, section 259.41, is 
 86.34  amended to read: 
 86.35     259.41 [ADOPTION STUDY.] 
 86.36     An adoption study and written report must be completed 
 87.1   before the child is placed in a prospective adoptive home under 
 87.2   this chapter and the study must be completed and filed with the 
 87.3   court at the time the adoption petition is filed.  In a direct 
 87.4   adoptive placement, the report must be filed with the court in 
 87.5   support of a motion for temporary preadoptive custody under 
 87.6   section 259.47, subdivision 3.  The study and report shall be 
 87.7   completed by a licensed child-placing agency and must be 
 87.8   thorough and comprehensive.  The study and report shall be paid 
 87.9   for by the prospective adoptive parent, except as otherwise 
 87.10  required under section 259.67 or 259.73.  
 87.11     A stepparent adoption is not subject to this section. 
 87.12     In the case of a licensed foster parent seeking to adopt a 
 87.13  child who is in the foster parent's care, any portions of the 
 87.14  foster care licensing process that duplicate requirements of the 
 87.15  home study may be submitted in satisfaction of the relevant 
 87.16  requirements of this section. 
 87.17     At a minimum, the study must include the following about 
 87.18  the prospective adoptive parent: 
 87.19     (1) a check of criminal conviction data, data on 
 87.20  substantiated maltreatment of a child under section 626.556, and 
 87.21  domestic violence data of each person over the age of 13 living 
 87.22  in the home.  The prospective adoptive parents, the bureau of 
 87.23  criminal apprehension, and other state, county, and local 
 87.24  agencies, after written notice to the subject of the study, 
 87.25  shall give the agency completing the adoption study 
 87.26  substantiated criminal conviction data and reports about 
 87.27  maltreatment of minors and vulnerable adults and domestic 
 87.28  violence.  The adoption study must also include a check of the 
 87.29  juvenile court records of each person over the age of 13 living 
 87.30  in the home.  Notwithstanding provisions of section 260.161 to 
 87.31  the contrary, the juvenile court shall release the requested 
 87.32  information to the agency completing the adoption study.  The 
 87.33  study must include an evaluation of the effect of a conviction 
 87.34  or finding of substantiated maltreatment on the ability to care 
 87.35  for a child; 
 87.36     (2) medical and social history and current health; 
 88.1      (3) assessment of potential parenting skills; 
 88.2      (4) ability to provide adequate financial support for a 
 88.3   child; and 
 88.4      (5) the level of knowledge and awareness of adoption issues 
 88.5   including where appropriate matters relating to interracial, 
 88.6   cross-cultural, and special needs adoptions. 
 88.7      The adoption study must include at least one in-home visit 
 88.8   with the prospective adoptive parent.  The adoption study is the 
 88.9   basis for completion of a written report.  The report must be in 
 88.10  a format specified by the commissioner and must contain 
 88.11  recommendations regarding the suitability of the subject of the 
 88.12  study to be an adoptive parent.  An adoption study report is 
 88.13  valid for 12 months following its date of completion. 
 88.14     A prospective adoptive parent seeking a study under this 
 88.15  section must authorize access by the agency to any private data 
 88.16  needed to complete the study, must disclose any names used 
 88.17  previously other than the name used at the time of the study, 
 88.18  and must provide a set of fingerprints, which shall be forwarded 
 88.19  to the bureau of criminal apprehension to facilitate the 
 88.20  criminal conviction background check required under clause (1).  
 88.21     Sec. 10.  Laws 1997, chapter 112, section 3, is amended to 
 88.22  read: 
 88.23     Sec. 3.  [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 
 88.24     If an adoptee has resided with a birth relative before 
 88.25  being adopted, adoptive parents and that relative may enter an 
 88.26  agreement under this section regarding communication with or 
 88.27  contact between a minor adoptee, adoptive parents, and a birth 
 88.28  relative.  Adoptive parents and a birth relative may enter an 
 88.29  agreement regarding communication with or contact between an 
 88.30  adopted minor, adoptive parents, and a birth relative under this 
 88.31  section.  An agreement may be entered between: 
 88.32     (1) adoptive parents and a birth relative with whom the 
 88.33  child resided before being adopted; or 
 88.34     (2) adoptive parents and any other birth relative if the 
 88.35  child is adopted by a birth relative upon the death of both 
 88.36  birth parents. 
 89.1      For purposes of this section, "birth relative" means a 
 89.2   parent, stepparent, grandparent, brother, sister, uncle, or aunt 
 89.3   of a minor adoptee.  This relationship may be by blood or 
 89.4   marriage.  For an Indian child, birth relative includes members 
 89.5   of the extended family as defined by the law or custom of the 
 89.6   Indian child's tribe or, in the absence of laws or custom, 
 89.7   nieces, nephews, or first or second cousins, as provided in the 
 89.8   Indian Child Welfare Act, United States Code, title 25, section 
 89.9   1903.  
 89.10     (a) An agreement regarding communication with or contact 
 89.11  between minor adoptees, adoptive parents, and a birth relative 
 89.12  is not legally enforceable unless the terms of the agreement are 
 89.13  contained in a written court order entered in accordance with 
 89.14  this section.  An order must be sought at the same time a 
 89.15  petition for adoption is filed.  The court shall not enter a 
 89.16  proposed order unless the terms of the order have been approved 
 89.17  in writing by the prospective adoptive parents, a birth relative 
 89.18  who desires to be a party to the agreement, and, if the child is 
 89.19  in the custody of or under the guardianship of an agency, a 
 89.20  representative of the agency.  An agreement under this section 
 89.21  need not disclose the identity of the parties to be legally 
 89.22  enforceable.  The court shall not enter a proposed order unless 
 89.23  the court finds that the communication or contact between the 
 89.24  minor adoptee, the adoptive parents, and a birth relative as 
 89.25  agreed upon and contained in the proposed order would be in the 
 89.26  minor adoptee's best interests. 
 89.27     (b) Failure to comply with the terms of an agreed order 
 89.28  regarding communication or contact that has been entered by the 
 89.29  court under this section is not grounds for: 
 89.30     (1) setting aside an adoption decree; or 
 89.31     (2) revocation of a written consent to an adoption after 
 89.32  that consent has become irrevocable. 
 89.33     (c) An agreed order entered under this section may be 
 89.34  enforced by filing a petition or motion with the family court 
 89.35  that includes a certified copy of the order granting the 
 89.36  communication, contact, or visitation, but only if the petition 
 90.1   or motion is accompanied by an affidavit that the parties have 
 90.2   mediated or attempted to mediate any dispute under the agreement 
 90.3   or that the parties agree to a proposed modification.  The 
 90.4   prevailing party may be awarded reasonable attorney's fees and 
 90.5   costs.  The court shall not modify an agreed order under this 
 90.6   section unless it finds that the modification is necessary to 
 90.7   serve the best interests of the minor adoptee, and: 
 90.8      (1) the modification is agreed to by the adoptive parent 
 90.9   and the birth parent or parents relative; or 
 90.10     (2) exceptional circumstances have arisen since the agreed 
 90.11  order was entered that justify modification of the order. 
 90.12     Sec. 11.  Minnesota Statutes 1996, section 259.59, is 
 90.13  amended by adding a subdivision to read: 
 90.14     Subd. 3.  [COMMUNICATION OR CONTACT AGREEMENTS.] This 
 90.15  section does not prohibit birth parents and adoptive parents 
 90.16  from entering a communication or contact agreement under section 
 90.17  259.58. 
 90.18     Sec. 12.  Minnesota Statutes 1996, section 259.67, 
 90.19  subdivision 2, is amended to read: 
 90.20     Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
 90.21  agency shall certify a child as eligible for adoption assistance 
 90.22  according to rules promulgated by the commissioner.  When Not 
 90.23  later than 30 days after a parent or parents are found and 
 90.24  approved for adoptive placement of a child certified as eligible 
 90.25  for adoption assistance, and before the final decree of adoption 
 90.26  is issued, a written agreement must be entered into by the 
 90.27  commissioner, the adoptive parent or parents, and the placing 
 90.28  agency.  The written agreement must be in the form prescribed by 
 90.29  the commissioner and must set forth the responsibilities of all 
 90.30  parties, the anticipated duration of the adoption assistance 
 90.31  payments, and the payment terms.  The adoption assistance 
 90.32  agreement shall be subject to the commissioner's approval, which 
 90.33  must be granted or denied not later than 15 days after the 
 90.34  agreement is entered. 
 90.35     The amount of adoption assistance is subject to the 
 90.36  availability of state and federal funds and shall be determined 
 91.1   through agreement with the adoptive parents.  The agreement 
 91.2   shall take into consideration the circumstances of the adopting 
 91.3   parent or parents, the needs of the child being adopted and may 
 91.4   provide ongoing monthly assistance, supplemental maintenance 
 91.5   expenses related to the adopted person's special needs, 
 91.6   nonmedical expenses periodically necessary for purchase of 
 91.7   services, items, or equipment related to the special needs, and 
 91.8   medical expenses.  The placing agency or the adoptive parent or 
 91.9   parents shall provide written documentation to support the need 
 91.10  for adoption assistance payments.  The commissioner may require 
 91.11  periodic reevaluation of adoption assistance payments.  The 
 91.12  amount of ongoing monthly adoption assistance granted may in no 
 91.13  case exceed that which would be allowable for the child under 
 91.14  foster family care and is subject to the availability of state 
 91.15  and federal funds. 
 91.16     Sec. 13.  Minnesota Statutes 1996, section 260.012, is 
 91.17  amended to read: 
 91.18     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 91.19  REUNIFICATION; REASONABLE EFFORTS.] 
 91.20     (a) If a child in need of protection or services is under 
 91.21  the court's jurisdiction, the court shall ensure that reasonable 
 91.22  efforts including culturally appropriate services by the social 
 91.23  service agency are made to prevent placement or to eliminate the 
 91.24  need for removal and to reunite the child with the child's 
 91.25  family at the earliest possible time, consistent with the best 
 91.26  interests, safety, and protection of the child.  The court may, 
 91.27  upon motion and hearing, order the cessation of reasonable 
 91.28  efforts if the court finds that provision of services or further 
 91.29  services for the purpose of rehabilitation and reunification is 
 91.30  futile and therefore unreasonable under the circumstances.  In 
 91.31  the case of an Indian child, in proceedings under sections 
 91.32  260.172, 260.191, and 260.221 the juvenile court must make 
 91.33  findings and conclusions consistent with the Indian Child 
 91.34  Welfare Act of 1978, United States Code, title 25, section 1901 
 91.35  et seq., as to the provision of active efforts.  If a child is 
 91.36  under the court's delinquency jurisdiction, it shall be the duty 
 92.1   of the court to ensure that reasonable efforts are made to 
 92.2   reunite the child with the child's family at the earliest 
 92.3   possible time, consistent with the best interests of the child 
 92.4   and the safety of the public. 
 92.5      (b) "Reasonable efforts" means the exercise of due 
 92.6   diligence by the responsible social service agency to use 
 92.7   appropriate and available services to meet the needs of the 
 92.8   child and the child's family in order to prevent removal of the 
 92.9   child from the child's family; or upon removal, services to 
 92.10  eliminate the need for removal and reunite the family.  Services 
 92.11  may include those listed under section 256F.07, subdivision 3, 
 92.12  and other appropriate services available in the community.  The 
 92.13  social service agency has the burden of demonstrating that it 
 92.14  has made reasonable efforts. or that provision of services or 
 92.15  further services for the purpose of rehabilitation and 
 92.16  reunification is futile and therefore unreasonable under the 
 92.17  circumstances.  Reunification of a surviving child with a parent 
 92.18  is not required if the parent has been convicted of: 
 92.19     (1) a violation of, or an attempt or conspiracy to commit a 
 92.20  violation of, sections 609.185 to 609.20; 609.222, subdivision 
 92.21  2; or 609.223 in regard to another child of the parent; 
 92.22     (2) a violation of section 609.222, subdivision 2; or 
 92.23  609.223, in regard to the surviving child; or 
 92.24     (3) a violation of, or an attempt or conspiracy to commit a 
 92.25  violation of, United States Code, title 18, section 1111(a) or 
 92.26  1112(a), in regard to another child of the parent. 
 92.27     (c) The juvenile court, in proceedings under sections 
 92.28  260.172, 260.191, and 260.221 shall make findings and 
 92.29  conclusions as to the provision of reasonable efforts.  When 
 92.30  determining whether reasonable efforts have been made, the court 
 92.31  shall consider whether services to the child and family were: 
 92.32     (1) relevant to the safety and protection of the child; 
 92.33     (2) adequate to meet the needs of the child and family; 
 92.34     (3) culturally appropriate; 
 92.35     (4) available and accessible; 
 92.36     (5) consistent and timely; and 
 93.1      (6) realistic under the circumstances. 
 93.2      In the alternative, the court may determine that provision 
 93.3   of services or further services for the purpose of 
 93.4   rehabilitation is futile and therefore unreasonable under the 
 93.5   circumstances. 
 93.6      (d) This section does not prevent out-of-home placement for 
 93.7   treatment of a child with a mental disability when the child's 
 93.8   diagnostic assessment or individual treatment plan indicates 
 93.9   that appropriate and necessary treatment cannot be effectively 
 93.10  provided outside of a residential or inpatient treatment program.
 93.11     Sec. 14.  Minnesota Statutes 1996, section 260.015, 
 93.12  subdivision 2a, is amended to read: 
 93.13     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 93.14  "Child in need of protection or services" means a child who is 
 93.15  in need of protection or services because the child: 
 93.16     (1) is abandoned or without parent, guardian, or custodian; 
 93.17     (2)(i) has been a victim of physical or sexual abuse, or 
 93.18  (ii) resides with or has resided with a victim of domestic child 
 93.19  abuse as defined in subdivision 24, (iii) resides with or would 
 93.20  reside with a perpetrator of domestic child abuse or child abuse 
 93.21  as defined in subdivision 28, or (iv) is a victim of emotional 
 93.22  maltreatment as defined in subdivision 5a; 
 93.23     (3) is without necessary food, clothing, shelter, 
 93.24  education, or other required care for the child's physical or 
 93.25  mental health or morals because the child's parent, guardian, or 
 93.26  custodian is unable or unwilling to provide that care; 
 93.27     (4) is without the special care made necessary by a 
 93.28  physical, mental, or emotional condition because the child's 
 93.29  parent, guardian, or custodian is unable or unwilling to provide 
 93.30  that care; 
 93.31     (5) is medically neglected, which includes, but is not 
 93.32  limited to, the withholding of medically indicated treatment 
 93.33  from a disabled infant with a life-threatening condition.  The 
 93.34  term "withholding of medically indicated treatment" means the 
 93.35  failure to respond to the infant's life-threatening conditions 
 93.36  by providing treatment, including appropriate nutrition, 
 94.1   hydration, and medication which, in the treating physician's or 
 94.2   physicians' reasonable medical judgment, will be most likely to 
 94.3   be effective in ameliorating or correcting all conditions, 
 94.4   except that the term does not include the failure to provide 
 94.5   treatment other than appropriate nutrition, hydration, or 
 94.6   medication to an infant when, in the treating physician's or 
 94.7   physicians' reasonable medical judgment: 
 94.8      (i) the infant is chronically and irreversibly comatose; 
 94.9      (ii) the provision of the treatment would merely prolong 
 94.10  dying, not be effective in ameliorating or correcting all of the 
 94.11  infant's life-threatening conditions, or otherwise be futile in 
 94.12  terms of the survival of the infant; or 
 94.13     (iii) the provision of the treatment would be virtually 
 94.14  futile in terms of the survival of the infant and the treatment 
 94.15  itself under the circumstances would be inhumane; 
 94.16     (6) is one whose parent, guardian, or other custodian for 
 94.17  good cause desires to be relieved of the child's care and 
 94.18  custody; 
 94.19     (7) has been placed for adoption or care in violation of 
 94.20  law; 
 94.21     (8) is without proper parental care because of the 
 94.22  emotional, mental, or physical disability, or state of 
 94.23  immaturity of the child's parent, guardian, or other custodian; 
 94.24     (9) is one whose behavior, condition, or environment is 
 94.25  such as to be injurious or dangerous to the child or others.  An 
 94.26  injurious or dangerous environment may include, but is not 
 94.27  limited to, the exposure of a child to criminal activity in the 
 94.28  child's home; 
 94.29     (10) has committed a delinquent act before becoming ten 
 94.30  years old; 
 94.31     (11) is a runaway; 
 94.32     (12) is an habitual truant; or 
 94.33     (13) has been found incompetent to proceed or has been 
 94.34  found not guilty by reason of mental illness or mental 
 94.35  deficiency in connection with a delinquency proceeding, a 
 94.36  certification under section 260.125, an extended jurisdiction 
 95.1   juvenile prosecution, or a proceeding involving a juvenile petty 
 95.2   offense; or 
 95.3      (14) is one whose custodial parent's parental rights to 
 95.4   another child have been involuntarily terminated within the past 
 95.5   five years. 
 95.6      Sec. 15.  Minnesota Statutes 1996, section 260.015, 
 95.7   subdivision 29, is amended to read: 
 95.8      Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 95.9   infliction of bodily harm to a child or neglect of a child which 
 95.10  demonstrates a grossly inadequate ability to provide minimally 
 95.11  adequate parental care.  The egregious harm need not have 
 95.12  occurred in the state or in the county where a termination of 
 95.13  parental rights action is otherwise properly venued.  Egregious 
 95.14  harm includes, but is not limited to: 
 95.15     (1) conduct towards a child that constitutes a violation of 
 95.16  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 95.17  any other similar law of the United States or any other state; 
 95.18     (2) the infliction of "substantial bodily harm" to a child, 
 95.19  as defined in section 609.02, subdivision 8; 
 95.20     (3) conduct towards a child that constitutes felony 
 95.21  malicious punishment of a child under section 609.377; 
 95.22     (4) conduct towards a child that constitutes felony 
 95.23  unreasonable restraint of a child under section 609.255, 
 95.24  subdivision 3; 
 95.25     (5) conduct towards a child that constitutes felony neglect 
 95.26  or endangerment of a child under section 609.378; 
 95.27     (6) conduct towards a child that constitutes assault under 
 95.28  section 609.221, 609.222, or 609.223; 
 95.29     (7) conduct towards a child that constitutes solicitation, 
 95.30  inducement, or promotion of prostitution under section 609.322; 
 95.31  or 
 95.32     (8) conduct towards a child that constitutes receiving 
 95.33  profit derived from prostitution under section 609.323; or 
 95.34     (9) conduct toward a child that constitutes a violation of 
 95.35  United States Code, title 18, section 1111(a) or 1112(a). 
 95.36     Sec. 16.  Minnesota Statutes 1996, section 260.131, 
 96.1   subdivision 1, is amended to read: 
 96.2      Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
 96.3   reputable person, including but not limited to any agent of the 
 96.4   commissioner of human services, having knowledge of a child in 
 96.5   this state or of a child who is a resident of this state, who 
 96.6   appears to be delinquent, in need of protection or services, or 
 96.7   neglected and in foster care, may petition the juvenile court in 
 96.8   the manner provided in this section. 
 96.9      (b) A petition for a child in need of protection filed by 
 96.10  an individual who is not a county attorney or an agent of the 
 96.11  commissioner of human services shall be filed on a form 
 96.12  developed by the state court administrator and provided to court 
 96.13  administrators.  Copies of the form may be obtained from the 
 96.14  court administrator in each county.  The court administrator 
 96.15  shall review the petition before it is filed to determine that 
 96.16  it is completed.  The court administrator may reject the 
 96.17  petition if it does not indicate that the petitioner has 
 96.18  contacted the local social service agency. 
 96.19     An individual may file a petition under this subdivision 
 96.20  without seeking internal review of the local social service 
 96.21  agency's decision.  The court shall determine whether there is 
 96.22  probable cause to believe that a need for protection or services 
 96.23  exists before the matter is set for hearing.  If the matter is 
 96.24  set for hearing, the court administrator shall notify the local 
 96.25  social service agency by sending notice to the county attorney. 
 96.26     The petition must contain: 
 96.27     (1) a statement of facts that would establish, if proven, 
 96.28  that there is a need for protection or services for the child 
 96.29  named in the petition; 
 96.30     (2) a statement that petitioner has reported the 
 96.31  circumstances underlying the petition to the local social 
 96.32  service agency, and protection or services were not provided to 
 96.33  the child; 
 96.34     (3) a statement whether there are existing juvenile or 
 96.35  family court custody orders or pending proceedings in juvenile 
 96.36  or family court concerning the child; and 
 97.1      (4) a statement of the relationship of the petitioner to 
 97.2   the child and any other parties. 
 97.3      The court may not allow a petition to proceed under this 
 97.4   paragraph if it appears that the sole purpose of the petition is 
 97.5   to modify custody between the parents. 
 97.6      Sec. 17.  Minnesota Statutes 1996, section 260.131, 
 97.7   subdivision 2, is amended to read: 
 97.8      Subd. 2.  The petition shall be verified by the person 
 97.9   having knowledge of the facts and may be on information and 
 97.10  belief.  Unless otherwise provided by this section or by rule or 
 97.11  order of the court, the county attorney shall draft the petition 
 97.12  upon the showing of reasonable grounds to support the petition. 
 97.13     Sec. 18.  Minnesota Statutes 1996, section 260.155, 
 97.14  subdivision 1a, is amended to read: 
 97.15     Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 97.16  who is the subject of a petition, and the parents, guardian, or 
 97.17  lawful legal custodian of the child have the right to 
 97.18  participate in all proceedings on a petition.  Official tribal 
 97.19  representatives have the right to participate in any proceeding 
 97.20  that is subject to the Indian Child Welfare Act of 1978, United 
 97.21  States Code, title 25, sections 1901 to 1963. 
 97.22     Any grandparent of the child has a right to participate in 
 97.23  the proceedings to the same extent as a parent, if the child has 
 97.24  lived with the grandparent within the two years preceding the 
 97.25  filing of the petition.  At the first hearing following the 
 97.26  filing of a petition, the court shall ask whether the child has 
 97.27  lived with a grandparent within the last two years, except that 
 97.28  the court need not make this inquiry if the petition states that 
 97.29  the child did not live with a grandparent during this time 
 97.30  period.  Failure to notify a grandparent of the proceedings is 
 97.31  not a jurisdictional defect. 
 97.32     If, in a proceeding involving a child in need of protection 
 97.33  or services, the local social service agency recommends transfer 
 97.34  of permanent legal and physical custody to a relative, the 
 97.35  relative has a right to participate as a party, and thereafter 
 97.36  shall receive notice of any hearing in the proceedings.  
 98.1      Sec. 19.  Minnesota Statutes 1996, section 260.155, 
 98.2   subdivision 2, is amended to read:  
 98.3      Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 98.4   guardian or custodian has the right to effective assistance of 
 98.5   counsel in connection with a proceeding in juvenile court.  This 
 98.6   right does not apply to a child who is charged with a juvenile 
 98.7   petty offense as defined in section 260.015, subdivision 21, 
 98.8   unless the child is charged with a third or subsequent juvenile 
 98.9   alcohol or controlled substance offense and may be subject to 
 98.10  the alternative disposition described in section 260.195, 
 98.11  subdivision 4.  
 98.12     (b) The court shall appoint counsel, or stand-by counsel if 
 98.13  the child waives the right to counsel, for a child who is: 
 98.14     (1) charged by delinquency petition with a gross 
 98.15  misdemeanor or felony offense; or 
 98.16     (2) the subject of a delinquency proceeding in which 
 98.17  out-of-home placement has been proposed. 
 98.18     (c) If they desire counsel but are unable to employ it, the 
 98.19  court shall appoint counsel to represent the child or the 
 98.20  parents or guardian in any case in which it feels that such an 
 98.21  appointment is desirable appropriate, except a juvenile petty 
 98.22  offender who does not have the right to counsel under paragraph 
 98.23  (a).  
 98.24     (d) Counsel for the child shall not also act as the child's 
 98.25  guardian ad litem.  
 98.26     (e) In any proceeding where the subject of a petition for a 
 98.27  child in need of protection or services is not represented by an 
 98.28  attorney, the court shall determine the child's preferences 
 98.29  regarding the proceedings, if the child is of suitable age to 
 98.30  express a preference. 
 98.31     Sec. 20.  Minnesota Statutes 1996, section 260.155, 
 98.32  subdivision 3, is amended to read: 
 98.33     Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
 98.34  proceedings, the county attorney shall present the evidence upon 
 98.35  request of the court.  In representing the agency, the county 
 98.36  attorney shall also have the responsibility for advancing the 
 99.1   public interest in the welfare of the child. 
 99.2      Sec. 21.  Minnesota Statutes 1996, section 260.155, 
 99.3   subdivision 4, is amended to read: 
 99.4      Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 99.5   a guardian ad litem to protect the interests of the minor when 
 99.6   it appears, at any stage of the proceedings, that the minor is 
 99.7   without a parent or guardian, or that the minor's parent is a 
 99.8   minor or incompetent, or that the parent or guardian is 
 99.9   indifferent or hostile to the minor's interests, and in every 
 99.10  proceeding alleging a child's need for protection or services 
 99.11  under section 260.015, subdivision 2a, clauses (1) to (10).  In 
 99.12  any other case the court may appoint a guardian ad litem to 
 99.13  protect the interests of the minor when the court feels that 
 99.14  such an appointment is desirable.  The court shall appoint the 
 99.15  guardian ad litem on its own motion or in the manner provided 
 99.16  for the appointment of a guardian ad litem in the district 
 99.17  court.  The court may appoint separate counsel for the guardian 
 99.18  ad litem if necessary.  
 99.19     (b) A guardian ad litem shall carry out the following 
 99.20  responsibilities: 
 99.21     (1) conduct an independent investigation to determine the 
 99.22  facts relevant to the situation of the child and the family, 
 99.23  which must include, unless specifically excluded by the court, 
 99.24  reviewing relevant documents; meeting with and observing the 
 99.25  child in the home setting and considering the child's wishes, as 
 99.26  appropriate; and interviewing parents, caregivers, and others 
 99.27  with knowledge relevant to the case; 
 99.28     (2) advocate for the child's best interests by 
 99.29  participating in appropriate aspects of the case and advocating 
 99.30  for appropriate community services when necessary; 
 99.31     (3) maintain the confidentiality of information related to 
 99.32  a case, with the exception of sharing information as permitted 
 99.33  by law to promote cooperative solutions that are in the best 
 99.34  interests of the child; 
 99.35     (4) monitor the child's best interests throughout the 
 99.36  judicial proceeding; and 
100.1      (5) present written reports on the child's best interests 
100.2   that include conclusions and recommendations and the facts upon 
100.3   which they are based. 
100.4      (c) The court may waive the appointment of a guardian ad 
100.5   litem pursuant to clause (a), whenever counsel has been 
100.6   appointed pursuant to subdivision 2 or is retained otherwise, 
100.7   and the court is satisfied that the interests of the minor are 
100.8   protected. 
100.9      (d) In appointing a guardian ad litem pursuant to clause 
100.10  (a), the court shall not appoint the party, or any agent or 
100.11  employee thereof, filing a petition pursuant to section 260.131. 
100.12     (e) The following factors shall be considered when 
100.13  appointing a guardian ad litem in a case involving an Indian or 
100.14  minority child: 
100.15     (1) whether a person is available who is the same racial or 
100.16  ethnic heritage as the child or, if that is not possible; 
100.17     (2) whether a person is available who knows and appreciates 
100.18  the child's racial or ethnic heritage. 
100.19     Sec. 22.  Minnesota Statutes 1996, section 260.155, 
100.20  subdivision 8, is amended to read: 
100.21     Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
100.22  has under this chapter must be an express waiver voluntarily and 
100.23  intelligently made by the child after the child has been fully 
100.24  and effectively informed of the right being waived.  If a child 
100.25  is under 12 years of age, the child's parent, guardian or 
100.26  custodian shall give any waiver or offer any objection 
100.27  contemplated by this chapter not represented by counsel, any 
100.28  waiver must be given or any objection must be offered by the 
100.29  child's guardian ad litem. 
100.30     (b) Waiver of a child's right to be represented by counsel 
100.31  provided under the juvenile court rules must be an express 
100.32  waiver voluntarily and intelligently made by the child after the 
100.33  child has been fully and effectively informed of the right being 
100.34  waived.  In determining whether a child has voluntarily and 
100.35  intelligently waived the right to counsel, the court shall look 
100.36  to the totality of the circumstances which includes but is not 
101.1   limited to the child's age, maturity, intelligence, education, 
101.2   experience, and ability to comprehend, and the presence and 
101.3   competence of the child's parents, guardian, or guardian ad 
101.4   litem.  If the court accepts the child's waiver, it shall state 
101.5   on the record the findings and conclusions that form the basis 
101.6   for its decision to accept the waiver. 
101.7      Sec. 23.  Minnesota Statutes 1996, section 260.161, is 
101.8   amended by adding a subdivision to read: 
101.9      Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
101.10  representing a child, parent, or guardian ad litem in a 
101.11  proceeding under this chapter shall be given access to records, 
101.12  local social service agency files, and reports which form the 
101.13  basis of any recommendation made to the court.  An attorney does 
101.14  not have access under this subdivision to the identity of a 
101.15  person who made a report under section 626.556.  The court may 
101.16  issue protective orders to prohibit an attorney from sharing a 
101.17  specified record or portion of a record with a client other than 
101.18  a guardian ad litem. 
101.19     Sec. 24.  Minnesota Statutes 1996, section 260.165, 
101.20  subdivision 3, is amended to read: 
101.21     Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
101.22  officer takes a child into custody for shelter care or relative 
101.23  placement pursuant to subdivision 1; section 260.135, 
101.24  subdivision 5; or section 260.145, the officer shall notify the 
101.25  parent or custodian that under section 260.173, subdivision 2, 
101.26  the parent or custodian may request that the child be placed 
101.27  with a relative or a designated caregiver under chapter 257A 
101.28  instead of in a shelter care facility.  The officer also shall 
101.29  give the parent or custodian of the child a list of names, 
101.30  addresses, and telephone numbers of social service agencies that 
101.31  offer child welfare services.  If the parent or custodian was 
101.32  not present when the child was removed from the residence, the 
101.33  list shall be left with an adult on the premises or left in a 
101.34  conspicuous place on the premises if no adult is present.  If 
101.35  the officer has reason to believe the parent or custodian is not 
101.36  able to read and understand English, the officer must provide a 
102.1   list that is written in the language of the parent or 
102.2   custodian.  The list shall be prepared by the commissioner of 
102.3   human services.  The commissioner shall prepare lists for each 
102.4   county and provide each county with copies of the list without 
102.5   charge.  The list shall be reviewed annually by the commissioner 
102.6   and updated if it is no longer accurate.  Neither the 
102.7   commissioner nor any peace officer or the officer's employer 
102.8   shall be liable to any person for mistakes or omissions in the 
102.9   list.  The list does not constitute a promise that any agency 
102.10  listed will in fact assist the parent or custodian. 
102.11     Sec. 25.  Minnesota Statutes 1996, section 260.191, 
102.12  subdivision 3a, is amended to read: 
102.13     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
102.14  the court places a child in a residential facility, as defined 
102.15  in section 257.071, subdivision 1, the court shall review the 
102.16  out-of-home placement at least every six months to determine 
102.17  whether continued out-of-home placement is necessary and 
102.18  appropriate or whether the child should be returned home.  The 
102.19  court shall review agency efforts pursuant to section 257.072, 
102.20  subdivision 1, and order that the efforts continue if the agency 
102.21  has failed to perform the duties under that section.  The court 
102.22  shall review the case plan and may modify the case plan as 
102.23  provided under subdivisions 1e and 2.  If the court orders 
102.24  continued out-of-home placement, the court shall notify the 
102.25  parents of the provisions of subdivision 3b. 
102.26     (b) When the court determines that a permanent placement 
102.27  hearing is necessary because there is a likelihood that the 
102.28  child will not return to a parent's care, the court may 
102.29  authorize the agency with custody of the child to send the 
102.30  notice provided in this paragraph to any adult with whom the 
102.31  child is currently residing, any adult with whom the child has 
102.32  resided for one year or longer in the past, any adult who has 
102.33  maintained a relationship or exercised visitation with the child 
102.34  as identified in the agency case plan for the child or 
102.35  demonstrated an interest in the child, and any relative who has 
102.36  provided a current address to the local social service agency.  
103.1   This notice must not be provided to a parent whose parental 
103.2   rights to the child have been terminated under section 260.221, 
103.3   subdivision 1.  The notice must state that a permanent home is 
103.4   sought for the child and that individuals receiving the notice 
103.5   may indicate to the agency within 30 days their interest in 
103.6   providing a permanent home.  
103.7      Sec. 26.  Minnesota Statutes 1996, section 260.191, 
103.8   subdivision 3b, as amended by Laws 1997, chapter 112, section 5, 
103.9   is amended to read: 
103.10     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
103.11  PLACEMENT DETERMINATION.] (a) If the court places a child in a 
103.12  residential facility, as defined in section 257.071, subdivision 
103.13  1, The court shall conduct a hearing to determine the permanent 
103.14  status of the a child not later than 12 months after the child 
103.15  was is placed out of the home of the parent. 
103.16     For purposes of this subdivision, the date of the child's 
103.17  placement out of the home of the parent is the earlier of the 
103.18  first court-ordered placement or the first court-approved 
103.19  placement under section 257.071, subdivision 3, of a child who 
103.20  had been in voluntary placement. 
103.21     For purposes of this subdivision, 12 months is calculated 
103.22  as follows: 
103.23     (1) during the pendency of a petition alleging that a child 
103.24  is in need of protection or services, all time periods when a 
103.25  child is placed out of the home of the parent are cumulated; 
103.26     (2) if a child has been placed out of the home of the 
103.27  parent within the previous five years in connection with one or 
103.28  more prior petitions for a child in need of protection or 
103.29  services, the lengths of all prior time periods when the child 
103.30  was placed out of the home within the previous five years and 
103.31  under the current petition, are cumulated.  If a child under 
103.32  this clause has been out of the home for 12 months or more, the 
103.33  court, if it is in the best interests of the child, may extend 
103.34  the total time the child may continue out of the home under the 
103.35  current petition up to an additional six months before making a 
103.36  permanency determination.  
104.1      (b) Not later than ten days prior to this hearing, the 
104.2   responsible social service agency shall file pleadings to 
104.3   establish the basis for the permanent placement determination.  
104.4   Notice of the hearing and copies of the pleadings must be 
104.5   provided pursuant to section 260.141.  If a termination of 
104.6   parental rights petition is filed before the date required for 
104.7   the permanency planning determination, no hearing need be 
104.8   conducted under this section subdivision.  The court shall 
104.9   determine whether the child is to be returned home or, if not, 
104.10  what permanent placement is consistent with the child's best 
104.11  interests.  The "best interests of the child" means all relevant 
104.12  factors to be considered and evaluated. 
104.13     (c) If the child is not returned to the home, the 
104.14  dispositions available for permanent placement determination are:
104.15     (1) permanent legal and physical custody to a relative 
104.16  pursuant to in the best interests of the child.  In transferring 
104.17  permanent legal and physical custody to a relative, the juvenile 
104.18  court shall follow the standards and procedures applicable under 
104.19  chapter 257 or 518.  An order establishing permanent legal or 
104.20  physical custody under this subdivision must be filed with the 
104.21  family court.  The social service agency may petition on behalf 
104.22  of the proposed custodian; 
104.23     (2) termination of parental rights and adoption; the social 
104.24  service agency shall file a petition for termination of parental 
104.25  rights under section 260.231 and all the requirements of 
104.26  sections 260.221 to 260.245 remain applicable.  An adoption 
104.27  ordered completed subsequent to a determination under this 
104.28  subdivision may include an agreement for communication or 
104.29  contact under section 259.58; or 
104.30     (3) long-term foster care; transfer of legal custody and 
104.31  adoption are preferred permanency options for a child who cannot 
104.32  return home.  The court may order a child into long-term foster 
104.33  care only if it finds that neither an award of legal and 
104.34  physical custody to a relative, nor termination of parental 
104.35  rights nor adoption is in the child's best interests.  Further, 
104.36  the court may only order long-term foster care for the child 
105.1   under this section if it finds the following: 
105.2      (i) the child has reached age 12 and reasonable efforts by 
105.3   the responsible social service agency have failed to locate an 
105.4   adoptive family for the child; or 
105.5      (ii) the child is a sibling of a child described in clause 
105.6   (i) and the siblings have a significant positive relationship 
105.7   and are ordered into the same long-term foster care home.; or 
105.8      (b) The court may extend the time period for determination 
105.9   of permanent placement to 18 months after the child was placed 
105.10  in a residential facility if: 
105.11     (1) there is a substantial probability that the child will 
105.12  be returned home within the next six months; 
105.13     (2) the agency has not made reasonable, or, in the case of 
105.14  an Indian child, active efforts, to correct the conditions that 
105.15  form the basis of the out-of-home placement; or 
105.16     (3) extraordinary circumstances exist precluding a 
105.17  permanent placement determination, in which case the court shall 
105.18  make written findings documenting the extraordinary 
105.19  circumstances and order one subsequent review after six months 
105.20  to determine permanent placement.  A court finding that 
105.21  extraordinary circumstances exist precluding a permanent 
105.22  placement determination must be supported by detailed factual 
105.23  findings regarding those circumstances. 
105.24     (4) foster care for a specified period of time may be 
105.25  ordered only if: 
105.26     (i) the sole basis for an adjudication that a child is in 
105.27  need of protection or services is that the child is a runaway, 
105.28  is an habitual truant, or committed a delinquent act before age 
105.29  ten; and 
105.30     (ii) the court finds that foster care for a specified 
105.31  period of time is in the best interests of the child. 
105.32     (c) (d) In ordering a permanent placement of a child, the 
105.33  court must be governed by the best interests of the child, 
105.34  including a review of the relationship between the child and 
105.35  relatives and the child and other important persons with whom 
105.36  the child has resided or had significant contact. 
106.1      (d) (e) Once a permanent placement determination has been 
106.2   made and permanent placement has been established, further 
106.3   reviews are only necessary if the placement is made under 
106.4   paragraph (c), clause (4), review is otherwise required by 
106.5   federal law, an adoption has not yet been finalized, or there is 
106.6   a disruption of the permanent or long-term placement.  If 
106.7   required, reviews must take place no less frequently than every 
106.8   six months. 
106.9      (e) (f) An order under this subdivision must include the 
106.10  following detailed findings: 
106.11     (1) how the child's best interests are served by the order; 
106.12     (2) the nature and extent of the responsible social service 
106.13  agency's reasonable efforts, or, in the case of an Indian child, 
106.14  active efforts, to reunify the child with the parent or parents; 
106.15     (3) the parent's or parents' efforts and ability to use 
106.16  services to correct the conditions which led to the out-of-home 
106.17  placement; 
106.18     (4) whether the conditions which led to the out-of-home 
106.19  placement have been corrected so that the child can return home; 
106.20  and 
106.21     (5) if the child cannot be returned home, whether there is 
106.22  a substantial probability of the child being able to return home 
106.23  in the next six months.  
106.24     (f) (g) An order for permanent legal and physical custody 
106.25  of a child may be modified under sections 518.18 and 518.185.  
106.26  The social service agency is a party to the proceeding and must 
106.27  receive notice.  An order for long-term foster care is 
106.28  reviewable upon motion and a showing by the parent of a 
106.29  substantial change in the parent's circumstances such that the 
106.30  parent could provide appropriate care for the child and that 
106.31  removal of the child from the child's permanent placement and 
106.32  the return to the parent's care would be in the best interest of 
106.33  the child. 
106.34     Sec. 27.  Minnesota Statutes 1996, section 260.191, 
106.35  subdivision 4, is amended to read: 
106.36     Subd. 4.  [CONTINUANCE OF CASE.] When If it is in the best 
107.1   interests of the child or the child's parents to do so and when 
107.2   either if the allegations contained in the petition have been 
107.3   admitted, or when a hearing has been held as provided in section 
107.4   260.155 and the allegations contained in the petition have been 
107.5   duly proven, before the entry of a finding of need for 
107.6   protection or services or a finding that a child is neglected 
107.7   and in foster care has been entered, the court may continue the 
107.8   case for a period not to exceed 90 days on any one order.  Such 
107.9   a continuance may be extended for one additional successive 
107.10  period not to exceed 90 days and only after the court has 
107.11  reviewed the case and entered its order for an additional 
107.12  continuance without a finding that the child is in need of 
107.13  protection or services or neglected and in foster care.  During 
107.14  this continuance the court may enter any order otherwise 
107.15  permitted under the provisions of this section.  Following the 
107.16  90-day continuance: 
107.17     (1) if both the parent and child have complied with the 
107.18  terms of the continuance, the case must be dismissed without an 
107.19  adjudication that the child is in need of protection or services 
107.20  or that the child is neglected and in foster care; or 
107.21     (2) if either the parent or child has not complied with the 
107.22  terms of the continuance, the court shall adjudicate the child 
107.23  in need of protection or services or neglected and in foster 
107.24  care. 
107.25     Sec. 28.  Minnesota Statutes 1996, section 260.192, is 
107.26  amended to read: 
107.27     260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
107.28     Upon a petition for review of the foster care status of a 
107.29  child, the court may:  
107.30     (a) In the case of a petition required to be filed under 
107.31  section 257.071, subdivision 3, find that the child's needs are 
107.32  being met, that the child's placement in foster care is in the 
107.33  best interests of the child, and that the child will be returned 
107.34  home in the next six months, in which case the court shall 
107.35  approve the voluntary arrangement and continue the matter for 
107.36  six months to assure the child returns to the parent's home.  
108.1      (b) In the case of a petition required to be filed under 
108.2   section 257.071, subdivision 4, find that the child's needs are 
108.3   being met and that the child's placement in foster care is in 
108.4   the best interests of the child, in which case the court shall 
108.5   approve the voluntary arrangement.  The court shall order the 
108.6   social service agency responsible for the placement to bring a 
108.7   petition under section 260.131, subdivision 1 or 1a, as 
108.8   appropriate, within two years 12 months. 
108.9      (c) Find that the child's needs are not being met, in which 
108.10  case the court shall order the social service agency or the 
108.11  parents to take whatever action is necessary and feasible to 
108.12  meet the child's needs, including, when appropriate, the 
108.13  provision by the social service agency of services to the 
108.14  parents which would enable the child to live at home, and order 
108.15  a disposition under section 260.191. 
108.16     (d) Find that the child has been abandoned by parents 
108.17  financially or emotionally, or that the developmentally disabled 
108.18  child does not require out-of-home care because of the 
108.19  handicapping condition, in which case the court shall order the 
108.20  social service agency to file an appropriate petition pursuant 
108.21  to sections 260.131, subdivision 1, or 260.231. 
108.22     Nothing in this section shall be construed to prohibit 
108.23  bringing a petition pursuant to section 260.131, subdivision 1 
108.24  or 2, sooner than required by court order pursuant to this 
108.25  section. 
108.26     Sec. 29.  Minnesota Statutes 1996, section 260.221, 
108.27  subdivision 1, is amended to read: 
108.28     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
108.29  court may upon petition, terminate all rights of a parent to a 
108.30  child in the following cases: 
108.31     (a) With the written consent of a parent who for good cause 
108.32  desires to terminate parental rights; or 
108.33     (b) If it finds that one or more of the following 
108.34  conditions exist: 
108.35     (1) that the parent has abandoned the child.  Abandonment 
108.36  is presumed when: 
109.1      (i) the parent has had no contact with the child on a 
109.2   regular basis and no demonstrated, consistent interest in the 
109.3   child's well-being for six months; and 
109.4      (ii) the social service agency has made reasonable efforts 
109.5   to facilitate contact, unless the parent establishes that an 
109.6   extreme financial or physical hardship or treatment for mental 
109.7   disability or chemical dependency or other good cause prevented 
109.8   the parent from making contact with the child.  This presumption 
109.9   does not apply to children whose custody has been determined 
109.10  under chapter 257 or 518.  The court is not prohibited from 
109.11  finding abandonment in the absence of this presumption; or 
109.12     (2) that the parent has substantially, continuously, or 
109.13  repeatedly refused or neglected to comply with the duties 
109.14  imposed upon that parent by the parent and child relationship, 
109.15  including but not limited to providing the child with necessary 
109.16  food, clothing, shelter, education, and other care and control 
109.17  necessary for the child's physical, mental, or emotional health 
109.18  and development, if the parent is physically and financially 
109.19  able, and reasonable efforts by the social service agency have 
109.20  failed to correct the conditions that formed the basis of the 
109.21  petition; or 
109.22     (3) that a parent has been ordered to contribute to the 
109.23  support of the child or financially aid in the child's birth and 
109.24  has continuously failed to do so without good cause.  This 
109.25  clause shall not be construed to state a grounds for termination 
109.26  of parental rights of a noncustodial parent if that parent has 
109.27  not been ordered to or cannot financially contribute to the 
109.28  support of the child or aid in the child's birth; or 
109.29     (4) that a parent is palpably unfit to be a party to the 
109.30  parent and child relationship because of a consistent pattern of 
109.31  specific conduct before the child or of specific conditions 
109.32  directly relating to the parent and child relationship either of 
109.33  which are determined by the court to be of a duration or nature 
109.34  that renders the parent unable, for the reasonably foreseeable 
109.35  future, to care appropriately for the ongoing physical, mental, 
109.36  or emotional needs of the child.  It is presumed that a parent 
110.1   is palpably unfit to be a party to the parent and child 
110.2   relationship upon a showing that: 
110.3      (i) the child was adjudicated in need of protection or 
110.4   services due to circumstances described in section 260.015, 
110.5   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
110.6      (ii) within the three-year period immediately prior to that 
110.7   adjudication, the parent's parental rights to one or more other 
110.8   children were involuntarily terminated under clause (1), (2), 
110.9   (4), or (7), or under clause (5) if the child was initially 
110.10  determined to be in need of protection or services due to 
110.11  circumstances described in section 260.015, subdivision 2a, 
110.12  clause (1), (2), (3), (5), or (8); or 
110.13     (5) that following upon a determination of neglect or 
110.14  dependency, or of a child's need for protection or services, 
110.15  reasonable efforts, under the direction of the court, have 
110.16  failed to correct the conditions leading to the determination.  
110.17  It is presumed that reasonable efforts under this clause have 
110.18  failed upon a showing that: 
110.19     (i) a child has resided out of the parental home under 
110.20  court order for a cumulative period of more than one year within 
110.21  a five-year period following an adjudication of dependency, 
110.22  neglect, need for protection or services under section 260.015, 
110.23  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
110.24  neglected and in foster care, and an order for disposition under 
110.25  section 260.191, including adoption of the case plan required by 
110.26  section 257.071; 
110.27     (ii) conditions leading to the determination will not be 
110.28  corrected within the reasonably foreseeable future.  It is 
110.29  presumed that conditions leading to a child's out-of-home 
110.30  placement will not be corrected in the reasonably foreseeable 
110.31  future upon a showing that the parent or parents have not 
110.32  substantially complied with the court's orders and a reasonable 
110.33  case plan, and the conditions which led to the out-of-home 
110.34  placement have not been corrected; and 
110.35     (iii) reasonable efforts have been made by the social 
110.36  service agency to rehabilitate the parent and reunite the family.
111.1      This clause does not prohibit the termination of parental 
111.2   rights prior to one year after a child has been placed out of 
111.3   the home.  
111.4      It is also presumed that reasonable efforts have failed 
111.5   under this clause upon a showing that: 
111.6      (i) the parent has been diagnosed as chemically dependent 
111.7   by a professional certified to make the diagnosis; 
111.8      (ii) the parent has been required by a case plan to 
111.9   participate in a chemical dependency treatment program; 
111.10     (iii) the treatment programs offered to the parent were 
111.11  culturally, linguistically, and clinically appropriate; 
111.12     (iv) the parent has either failed two or more times to 
111.13  successfully complete a treatment program or has refused at two 
111.14  or more separate meetings with a caseworker to participate in a 
111.15  treatment program; and 
111.16     (v) the parent continues to abuse chemicals.  
111.17  Provided, that this presumption applies only to parents required 
111.18  by a case plan to participate in a chemical dependency treatment 
111.19  program on or after July 1, 1990; or 
111.20     (6) that a child has experienced egregious harm in the 
111.21  parent's care which is of a nature, duration, or chronicity that 
111.22  indicates a lack of regard for the child's well-being, such that 
111.23  a reasonable person would believe it contrary to the best 
111.24  interest of the child or of any child to be in the parent's 
111.25  care; or 
111.26     (7) that in the case of a child born to a mother who was 
111.27  not married to the child's father when the child was conceived 
111.28  nor when the child was born the person is not entitled to notice 
111.29  of an adoption hearing under section 259.49 and either the 
111.30  person has not filed a notice of intent to retain parental 
111.31  rights under section 259.51 or that the notice has been 
111.32  successfully challenged; or 
111.33     (8) that the child is neglected and in foster care. 
111.34  In an action involving an American Indian child, sections 257.35 
111.35  to 257.3579 and the Indian Child Welfare Act, United States 
111.36  Code, title 25, sections 1901 to 1923, control to the extent 
112.1   that the provisions of this section are inconsistent with those 
112.2   laws; or 
112.3      (9) that the parent has been convicted of a crime listed in 
112.4   section 260.012, paragraph (b), clauses (1) to (3). 
112.5      Sec. 30.  Minnesota Statutes 1996, section 260.221, 
112.6   subdivision 5, is amended to read: 
112.7      Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
112.8   proceeding under this section, the court shall make specific 
112.9   findings: 
112.10     (1) regarding the nature and extent of efforts made by the 
112.11  social service agency to rehabilitate the parent and reunite the 
112.12  family.; 
112.13     (2) that provision of services or further services for the 
112.14  purpose of rehabilitation and reunification is futile and 
112.15  therefore unreasonable under the circumstances; or 
112.16     (3) that reunification is not required because the parent 
112.17  has been convicted of a crime listed in section 260.012, 
112.18  paragraph (b), clauses (1) to (3). 
112.19     Sec. 31.  Minnesota Statutes 1996, section 260.241, 
112.20  subdivision 1, is amended to read: 
112.21     Subdivision 1.  If, after a hearing, the court finds by 
112.22  clear and convincing evidence that one or more of the conditions 
112.23  set out in section 260.221 exist, it may terminate parental 
112.24  rights.  Upon the termination of parental rights all rights, 
112.25  powers, privileges, immunities, duties, and obligations, 
112.26  including any rights to custody, control, visitation, or support 
112.27  existing between the child and parent shall be severed and 
112.28  terminated and the parent shall have no standing to appear at 
112.29  any further legal proceeding concerning the child.  Provided, 
112.30  however, that a parent whose parental rights are terminated: 
112.31     (1) shall remain liable for the unpaid balance of any 
112.32  support obligation owed under a court order upon the effective 
112.33  date of the order terminating parental rights; and 
112.34     (2) may be a party to a communication or contact agreement 
112.35  under section 259.58. 
112.36     Sec. 32.  Minnesota Statutes 1996, section 260.241, 
113.1   subdivision 3, is amended to read: 
113.2      Subd. 3.  (a) A certified copy of the findings and the 
113.3   order terminating parental rights, and a summary of the court's 
113.4   information concerning the child shall be furnished by the court 
113.5   to the commissioner or the agency to which guardianship is 
113.6   transferred.  The orders shall be on a document separate from 
113.7   the findings.  The court shall furnish the individual to whom 
113.8   guardianship is transferred a copy of the order terminating 
113.9   parental rights. 
113.10     (b) The court shall retain jurisdiction in a case where 
113.11  adoption is the intended permanent placement disposition.  The 
113.12  guardian ad litem and counsel for the child shall continue on 
113.13  the case until an adoption decree is entered.  A hearing must be 
113.14  held every 90 days following termination of parental rights for 
113.15  the court to review progress toward an adoptive placement. 
113.16     (c) The court shall retain jurisdiction in a case where 
113.17  long-term foster care is the permanent disposition.  The 
113.18  guardian ad litem and counsel for the child must be dismissed 
113.19  from the case on the effective date of the permanent placement 
113.20  order.  However, the foster parent and the child, if of 
113.21  sufficient age, must be informed how they may contact a guardian 
113.22  ad litem if the matter is subsequently returned to court. 
113.23     Sec. 33.  [UNIFORM PRIVATE CHIPS PETITION.] 
113.24     The state court administrator shall prepare and make 
113.25  available to court administrators in each county the private 
113.26  CHIPS petition form required by Minnesota Statutes, section 
113.27  260.131, subdivision 1.  
113.28     Sec. 34.  [JUVENILE CODE RECODIFICATION.] 
113.29     The revisor of statutes shall reorganize Minnesota 
113.30  Statutes, chapter 260, and other laws relating to child 
113.31  protection and child welfare services to create separate, 
113.32  comprehensible areas of law dealing with child protection and 
113.33  delinquency in the form of a bill for introduction at the 1998 
113.34  regular legislative session. 
113.35     Sec. 35.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
113.36     The commissioner of human services shall explore strategies 
114.1   and incentives to facilitate recruitment of foster and adoptive 
114.2   families.  The commissioner shall report to the supreme court 
114.3   and the chairs of the committees on the judiciary and on health 
114.4   and human services in the house of representatives and the 
114.5   senate by February 1, 1998, on an action proposal and whether 
114.6   any legislation is needed to implement it. 
114.7      Sec. 36.  [COURT CONTINUITY AND CASE MANAGEMENT.] 
114.8      The chief judges of the district courts, in consultation 
114.9   with the state court administrator, shall develop case 
114.10  management systems so that one judge hears all phases of a 
114.11  proceeding on a child in need of protection or services, 
114.12  including permanent placement or adoption, if any.  The chief 
114.13  judges shall consider the "one judge, one family" model and the 
114.14  experience of the Ramsey county pilot project.  
114.15     Sec. 37.  [SOCIAL SERVICE CONTINUITY.] 
114.16     Whenever feasible, managers and directors of local social 
114.17  service agencies should promote continuity and reduce delays in 
114.18  a case by assigning one person until it concludes in 
114.19  reunification or a permanent placement plan. 
114.20     Sec. 38.  [REPEALER.] 
114.21     Minnesota Statutes 1996, section 259.33, is repealed. 
114.22     Sec. 39.  [EFFECTIVE DATE; APPLICATION.] 
114.23     Section 26, paragraph (a), clause (2), applies to children 
114.24  who were first placed outside the home on or after August 1, 
114.25  1995. 
114.26                             ARTICLE 7
114.27                           CRIME VICTIMS 
114.28     Section 1.  Minnesota Statutes 1996, section 169.042, 
114.29  subdivision 1, is amended to read: 
114.30     Subdivision 1.  [NOTIFICATION.] A The law enforcement 
114.31  agency that originally received the report of a vehicle theft 
114.32  shall make a reasonable and good-faith effort to notify the 
114.33  victim of a the reported vehicle theft within 48 hours after the 
114.34  agency recovers the vehicle recovering the vehicle or receiving 
114.35  notification that the vehicle has been recovered.  The notice 
114.36  must specify when the recovering law enforcement agency expects 
115.1   to release the vehicle to the owner and how where the owner may 
115.2   pick up the vehicle.  The law enforcement agency that recovers 
115.3   the vehicle must promptly inform the agency that received the 
115.4   theft report that the vehicle is recovered, where the vehicle is 
115.5   located, and when the vehicle can be released to the owner. 
115.6      Sec. 2.  Minnesota Statutes 1996, section 256F.09, 
115.7   subdivision 2, is amended to read: 
115.8      Subd. 2.  [FUNDING.] The commissioner may award grants to 
115.9   create or maintain family visitation centers. 
115.10     In awarding grants to maintain a family visitation center, 
115.11  the commissioner may award a grant to a center that can 
115.12  demonstrate a 35 percent local match, provided the center is 
115.13  diligently exploring and pursuing all available funding options 
115.14  in an effort to become self-sustaining, and those efforts are 
115.15  reported to the commissioner. 
115.16     In awarding grants to create a family visitation center, 
115.17  the commissioner shall give priority to: 
115.18     (1) areas of the state where no other family visitation 
115.19  center or similar facility exists; 
115.20     (2) applicants who demonstrate that private funding for the 
115.21  center is available and will continue; and 
115.22     (3) facilities that are adapted for use to care for 
115.23  children, such as day care centers, religious institutions, 
115.24  community centers, schools, technical colleges, parenting 
115.25  resource centers, and child care referral services.  
115.26     In awarding grants to create or maintain a family 
115.27  visitation center, the commissioner shall require the proposed 
115.28  center to meet standards developed by the commissioner to ensure 
115.29  the safety of the custodial parent and children. 
115.30     Sec. 3.  Minnesota Statutes 1996, section 256F.09, 
115.31  subdivision 3, is amended to read: 
115.32     Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
115.33  center may provide parenting and child development classes, and 
115.34  offer support groups to participating custodial parents and hold 
115.35  regular classes designed to assist children who have experienced 
115.36  domestic violence and abuse.  Each family visitation center must 
116.1   have available an individual knowledgeable about or experienced 
116.2   in the provision of services to battered women on its staff, its 
116.3   board of directors, or otherwise available to it for 
116.4   consultation. 
116.5      Sec. 4.  Minnesota Statutes 1996, section 260.161, 
116.6   subdivision 2, is amended to read: 
116.7      Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
116.8   otherwise provided in this section, and except for legal records 
116.9   arising from proceedings or portions of proceedings that are 
116.10  public under section 260.155, subdivision 1, none of the records 
116.11  of the juvenile court and none of the records relating to an 
116.12  appeal from a nonpublic juvenile court proceeding, except the 
116.13  written appellate opinion, shall be open to public inspection or 
116.14  their contents disclosed except (a) by order of a court or, (b) 
116.15  as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
116.16  629.73, or (c) the name of a juvenile who is the subject of a 
116.17  delinquency petition shall be released to the victim of the 
116.18  alleged delinquent act upon the victim's request; unless it 
116.19  reasonably appears that the request is prompted by a desire on 
116.20  the part of the requester to engage in unlawful activities.  The 
116.21  records of juvenile probation officers and county home schools 
116.22  are records of the court for the purposes of this subdivision.  
116.23  Court services data relating to delinquent acts that are 
116.24  contained in records of the juvenile court may be released as 
116.25  allowed under section 13.84, subdivision 5a.  This subdivision 
116.26  applies to all proceedings under this chapter, including appeals 
116.27  from orders of the juvenile court, except that this subdivision 
116.28  does not apply to proceedings under section 260.255, 260.261, or 
116.29  260.315 when the proceeding involves an adult defendant.  The 
116.30  court shall maintain the confidentiality of adoption files and 
116.31  records in accordance with the provisions of laws relating to 
116.32  adoptions.  In juvenile court proceedings any report or social 
116.33  history furnished to the court shall be open to inspection by 
116.34  the attorneys of record and the guardian ad litem a reasonable 
116.35  time before it is used in connection with any proceeding before 
116.36  the court. 
117.1      When a judge of a juvenile court, or duly authorized agent 
117.2   of the court, determines under a proceeding under this chapter 
117.3   that a child has violated a state or local law, ordinance, or 
117.4   regulation pertaining to the operation of a motor vehicle on 
117.5   streets and highways, except parking violations, the judge or 
117.6   agent shall immediately report the violation to the commissioner 
117.7   of public safety.  The report must be made on a form provided by 
117.8   the department of public safety and must contain the information 
117.9   required under section 169.95. 
117.10     Sec. 5.  Minnesota Statutes 1996, section 260.161, 
117.11  subdivision 3, is amended to read: 
117.12     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
117.13  for records relating to an offense where proceedings are public 
117.14  under section 260.155, subdivision 1, peace officers' records of 
117.15  children who are or may be delinquent or who may be engaged in 
117.16  criminal acts shall be kept separate from records of persons 18 
117.17  years of age or older and are private data but shall be 
117.18  disseminated:  (1) by order of the juvenile court, (2) as 
117.19  required by section 126.036, (3) as authorized under section 
117.20  13.82, subdivision 2, (4) to the child or the child's parent or 
117.21  guardian unless disclosure of a record would interfere with an 
117.22  ongoing investigation, or (5) to the Minnesota crime victims 
117.23  reparations board as required by section 611A.56, subdivision 2, 
117.24  clause (f), for the purpose of processing claims for crime 
117.25  victims reparations, or (6) as otherwise provided in this 
117.26  subdivision.  Except as provided in paragraph (c), no 
117.27  photographs of a child taken into custody may be taken without 
117.28  the consent of the juvenile court unless the child is alleged to 
117.29  have violated section 169.121 or 169.129.  Peace officers' 
117.30  records containing data about children who are victims of crimes 
117.31  or witnesses to crimes must be administered consistent with 
117.32  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
117.33  violating any of the provisions of this subdivision shall be 
117.34  guilty of a misdemeanor. 
117.35     In the case of computerized records maintained about 
117.36  juveniles by peace officers, the requirement of this subdivision 
118.1   that records about juveniles must be kept separate from adult 
118.2   records does not mean that a law enforcement agency must keep 
118.3   its records concerning juveniles on a separate computer system.  
118.4   Law enforcement agencies may keep juvenile records on the same 
118.5   computer as adult records and may use a common index to access 
118.6   both juvenile and adult records so long as the agency has in 
118.7   place procedures that keep juvenile records in a separate place 
118.8   in computer storage and that comply with the special data 
118.9   retention and other requirements associated with protecting data 
118.10  on juveniles. 
118.11     (b) Nothing in this subdivision prohibits the exchange of 
118.12  information by law enforcement agencies if the exchanged 
118.13  information is pertinent and necessary to the requesting agency 
118.14  in initiating, furthering, or completing a criminal 
118.15  investigation. 
118.16     (c) A photograph may be taken of a child taken into custody 
118.17  pursuant to section 260.165, subdivision 1, clause (b), provided 
118.18  that the photograph must be destroyed when the child reaches the 
118.19  age of 19 years.  The commissioner of corrections may photograph 
118.20  juveniles whose legal custody is transferred to the 
118.21  commissioner.  Photographs of juveniles authorized by this 
118.22  paragraph may be used only for institution management purposes, 
118.23  case supervision by parole agents, and to assist law enforcement 
118.24  agencies to apprehend juvenile offenders.  The commissioner 
118.25  shall maintain photographs of juveniles in the same manner as 
118.26  juvenile court records and names under this section. 
118.27     (d) Traffic investigation reports are open to inspection by 
118.28  a person who has sustained physical harm or economic loss as a 
118.29  result of the traffic accident.  Identifying information on 
118.30  juveniles who are parties to traffic accidents may be disclosed 
118.31  as authorized under section 13.82, subdivision 4, and accident 
118.32  reports required under section 169.09 may be released under 
118.33  section 169.09, subdivision 13, unless the information would 
118.34  identify a juvenile who was taken into custody or who is 
118.35  suspected of committing an offense that would be a crime if 
118.36  committed by an adult, or would associate a juvenile with the 
119.1   offense, and the offense is not a minor traffic offense under 
119.2   section 260.193. 
119.3      (e) A law enforcement agency shall notify the principal or 
119.4   chief administrative officer of a juvenile's school of an 
119.5   incident occurring within the agency's jurisdiction if: 
119.6      (1) the agency has probable cause to believe that the 
119.7   juvenile has committed an offense that would be a crime if 
119.8   committed as an adult, that the victim of the offense is a 
119.9   student or staff member of the school, and that notice to the 
119.10  school is reasonably necessary for the protection of the victim; 
119.11  or 
119.12     (2) the agency has probable cause to believe that the 
119.13  juvenile has committed an offense described in subdivision 1b, 
119.14  paragraph (a), clauses (1) to (3), that would be a crime if 
119.15  committed by an adult, regardless of whether the victim is a 
119.16  student or staff member of the school. 
119.17     A law enforcement agency is not required to notify the 
119.18  school under this paragraph if the agency determines that notice 
119.19  would jeopardize an ongoing investigation.  Notwithstanding 
119.20  section 138.17, data from a notice received from a law 
119.21  enforcement agency under this paragraph must be destroyed when 
119.22  the juvenile graduates from the school or at the end of the 
119.23  academic year when the juvenile reaches age 23, whichever date 
119.24  is earlier.  For purposes of this paragraph, "school" means a 
119.25  public or private elementary, middle, or secondary school. 
119.26     (f) In any county in which the county attorney operates or 
119.27  authorizes the operation of a juvenile prepetition or pretrial 
119.28  diversion program, a law enforcement agency or county attorney's 
119.29  office may provide the juvenile diversion program with data 
119.30  concerning a juvenile who is a participant in or is being 
119.31  considered for participation in the program. 
119.32     (g) Upon request of a local social service agency, peace 
119.33  officer records of children who are or may be delinquent or who 
119.34  may be engaged in criminal acts may be disseminated to the 
119.35  agency to promote the best interests of the subject of the data. 
119.36     (h) Upon written request, the prosecuting authority shall 
120.1   release investigative data collected by a law enforcement agency 
120.2   to the victim of a criminal act or alleged criminal act or to 
120.3   the victim's legal representative, except as otherwise provided 
120.4   by this paragraph.  Data shall not be released if: 
120.5      (1) the release to the individual subject of the data would 
120.6   be prohibited under section 13.391; or 
120.7      (2) the prosecuting authority reasonably believes: 
120.8      (i) that the release of that data will interfere with the 
120.9   investigation; or 
120.10     (ii) that the request is prompted by a desire on the part 
120.11  of the requester to engage in unlawful activities. 
120.12     Sec. 6.  Minnesota Statutes 1996, section 480.30, 
120.13  subdivision 1, is amended to read: 
120.14     Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
120.15  The supreme court's judicial education program must include 
120.16  ongoing training for district court judges on child and 
120.17  adolescent sexual abuse, domestic abuse, harassment, stalking, 
120.18  and related civil and criminal court issues.  The program must 
120.19  include the following: 
120.20     (1) information about the specific needs of victims.  The 
120.21  program must include; 
120.22     (2) education on the causes of sexual abuse and family 
120.23  violence and; 
120.24     (3) education on culturally responsive approaches to 
120.25  serving victims; 
120.26     (4) education on the impacts of domestic abuse and domestic 
120.27  abuse allegations on children and the importance of considering 
120.28  these impacts when making visitation and child custody decisions 
120.29  under chapter 518; and 
120.30     (5) information on alleged and substantiated reports of 
120.31  domestic abuse, including, but not limited to, department of 
120.32  human services survey data. 
120.33     The program also must emphasize the need for the 
120.34  coordination of court and legal victim advocacy services and 
120.35  include education on sexual abuse and domestic abuse programs 
120.36  and policies within law enforcement agencies and prosecuting 
121.1   authorities as well as the court system.  
121.2      Sec. 7.  Minnesota Statutes 1996, section 518.10, is 
121.3   amended to read: 
121.4      518.10 [REQUISITES OF PETITION.] 
121.5      The petition for dissolution of marriage or legal 
121.6   separation shall state and allege: 
121.7      (a) The name and address of the petitioner and any prior or 
121.8   other name used by the petitioner; 
121.9      (b) The name and, if known, the address of the respondent 
121.10  and any prior or other name used by the respondent and known to 
121.11  the petitioner; 
121.12     (c) The place and date of the marriage of the parties; 
121.13     (d) In the case of a petition for dissolution, that either 
121.14  the petitioner or the respondent or both:  
121.15     (1) Has resided in this state for not less than 180 days 
121.16  immediately preceding the commencement of the proceeding, or 
121.17     (2) Has been a member of the armed services and has been 
121.18  stationed in this state for not less than 180 days immediately 
121.19  preceding the commencement of the proceeding, or 
121.20     (3) Has been a domiciliary of this state for not less than 
121.21  180 days immediately preceding the commencement of the 
121.22  proceeding; 
121.23     (e) The name at the time of the petition and any prior or 
121.24  other name, age and date of birth of each living minor or 
121.25  dependent child of the parties born before the marriage or born 
121.26  or adopted during the marriage and a reference to, and the 
121.27  expected date of birth of, a child of the parties conceived 
121.28  during the marriage but not born; 
121.29     (f) Whether or not a separate proceeding for dissolution, 
121.30  legal separation, or custody is pending in a court in this state 
121.31  or elsewhere; 
121.32     (g) In the case of a petition for dissolution, that there 
121.33  has been an irretrievable breakdown of the marriage 
121.34  relationship; 
121.35     (h) In the case of a petition for legal separation, that 
121.36  there is a need for a decree of legal separation; and 
122.1      (i) Any temporary or permanent maintenance, child support, 
122.2   child custody, disposition of property, attorneys' fees, costs 
122.3   and disbursements applied for without setting forth the amounts; 
122.4   and 
122.5      (j) Whether an order for protection under chapter 518B or a 
122.6   similar law of another state that governs the parties or a party 
122.7   and a minor child of the parties is in effect and, if so, the 
122.8   district court or similar jurisdiction in which it was entered. 
122.9      The petition shall be verified by the petitioner or 
122.10  petitioners, and its allegations established by competent 
122.11  evidence.  
122.12     Sec. 8.  Minnesota Statutes 1996, section 518.175, is 
122.13  amended by adding a subdivision to read: 
122.14     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
122.15  a custodial parent requests supervised visitation under 
122.16  subdivision 1 or 5 and an order for protection under chapter 
122.17  518B or a similar law of another state is in effect against the 
122.18  noncustodial parent to protect the custodial parent or the 
122.19  child, the judge or judicial officer must consider the order for 
122.20  protection in making a decision regarding visitation. 
122.21     (b) The state court administrator, in consultation with 
122.22  representatives of custodial and noncustodial parents and other 
122.23  interested persons, shall develop standards to be met by persons 
122.24  who are responsible for supervising visitation.  Either parent 
122.25  may challenge the appropriateness of an individual chosen by the 
122.26  court to supervise visitation. 
122.27     Sec. 9.  Minnesota Statutes 1996, section 518.175, 
122.28  subdivision 5, is amended to read: 
122.29     Subd. 5.  The court shall modify an order granting or 
122.30  denying visitation rights whenever modification would serve the 
122.31  best interests of the child.  Except as provided in section 
122.32  631.52, the court may not restrict visitation rights unless it 
122.33  finds that:  
122.34     (1) the visitation is likely to endanger the child's 
122.35  physical or emotional health or impair the child's emotional 
122.36  development; or 
123.1      (2) the noncustodial parent has chronically and 
123.2   unreasonably failed to comply with court-ordered visitation. 
123.3      If the custodial parent makes specific allegations that 
123.4   visitation places the custodial parent or child in danger of 
123.5   harm, the court shall hold a hearing at the earliest possible 
123.6   time to determine the need to modify the order granting 
123.7   visitation rights.  Consistent with subdivision 1a, the court 
123.8   may require a third party, including the local social services 
123.9   agency, to supervise the visitation or may restrict a parent's 
123.10  visitation rights if necessary to protect the custodial parent 
123.11  or child from harm.  
123.12     Sec. 10.  Minnesota Statutes 1996, section 518.179, 
123.13  subdivision 2, is amended to read: 
123.14     Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
123.15  following crimes or similar crimes under the laws of the United 
123.16  States, or any other state: 
123.17     (1) murder in the first, second, or third degree under 
123.18  section 609.185, 609.19, or 609.195; 
123.19     (2) manslaughter in the first degree under section 609.20; 
123.20     (3) assault in the first, second, or third degree under 
123.21  section 609.221, 609.222, or 609.223; 
123.22     (4) kidnapping under section 609.25; 
123.23     (5) depriving another of custodial or parental rights under 
123.24  section 609.26; 
123.25     (6) soliciting, inducing, or promoting prostitution 
123.26  involving a minor under section 609.322; 
123.27     (7) receiving profit from prostitution involving a minor 
123.28  under section 609.323; 
123.29     (8) criminal sexual conduct in the first degree under 
123.30  section 609.342; 
123.31     (9) criminal sexual conduct in the second degree under 
123.32  section 609.343; 
123.33     (10) criminal sexual conduct in the third degree under 
123.34  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
123.35     (11) solicitation of a child to engage in sexual conduct 
123.36  under section 609.352; 
124.1      (12) incest under section 609.365; 
124.2      (13) malicious punishment of a child under section 609.377; 
124.3   or 
124.4      (14) neglect of a child under section 609.378; 
124.5      (15) terroristic threats under section 609.713; or 
124.6      (16) felony harassment or stalking under section 609.749, 
124.7   subdivision 4. 
124.8      Sec. 11.  Minnesota Statutes 1996, section 518B.01, 
124.9   subdivision 4, is amended to read: 
124.10     Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
124.11  action known as a petition for an order for protection in cases 
124.12  of domestic abuse.  
124.13     (a) A petition for relief under this section may be made by 
124.14  any family or household member personally or by a family or 
124.15  household member, a guardian as defined in section 524.1-201, 
124.16  clause (20), or, if the court finds that it is in the best 
124.17  interests of the minor, by a reputable adult age 25 or older on 
124.18  behalf of minor family or household members.  A minor age 16 or 
124.19  older may make a petition on the minor's own behalf against a 
124.20  spouse or former spouse, or a person with whom the minor has a 
124.21  child in common, if the court determines that the minor has 
124.22  sufficient maturity and judgment and that it is in the best 
124.23  interests of the minor. 
124.24     (b) A petition for relief shall allege the existence of 
124.25  domestic abuse, and shall be accompanied by an affidavit made 
124.26  under oath stating the specific facts and circumstances from 
124.27  which relief is sought.  
124.28     (c) A petition for relief must state whether the petitioner 
124.29  has ever had an order for protection in effect against the 
124.30  respondent. 
124.31     (d) A petition for relief must state whether there is an 
124.32  existing order for protection in effect under this chapter 
124.33  governing both the parties and whether there is a pending 
124.34  lawsuit, complaint, petition or other action between the parties 
124.35  under chapter 257, 518, 518A, 518B, or 518C.  The court 
124.36  administrator shall verify the terms of any existing order 
125.1   governing the parties.  The court may not delay granting relief 
125.2   because of the existence of a pending action between the parties 
125.3   or the necessity of verifying the terms of an existing order.  A 
125.4   subsequent order in a separate action under this chapter may 
125.5   modify only the provision of an existing order that grants 
125.6   relief authorized under subdivision 6, paragraph (a), clause 
125.7   (1).  A petition for relief may be granted, regardless of 
125.8   whether there is a pending action between the parties.  
125.9      (e) The court shall provide simplified forms and clerical 
125.10  assistance to help with the writing and filing of a petition 
125.11  under this section.  
125.12     (f) The court shall advise a petitioner under paragraph (e) 
125.13  of the right to file a motion and affidavit and to sue in forma 
125.14  pauperis pursuant to section 563.01 and shall assist with the 
125.15  writing and filing of the motion and affidavit.  
125.16     (g) The court shall advise a petitioner under paragraph (e) 
125.17  of the right to serve the respondent by published notice under 
125.18  subdivision 5, paragraph (b), if the respondent is avoiding 
125.19  personal service by concealment or otherwise, and shall assist 
125.20  with the writing and filing of the affidavit. 
125.21     (h) The court shall advise the petitioner of the right to 
125.22  seek restitution under the petition for relief. 
125.23     (i) The court shall advise the petitioner of the right to 
125.24  request a hearing under subdivision 7, paragraph (c).  If the 
125.25  petitioner does not request a hearing, the court shall advise 
125.26  the petitioner that the respondent may request a hearing and 
125.27  that notice of the hearing date and time will be provided to the 
125.28  petitioner by mail at least five days before the hearing. 
125.29     (j) The court shall advise the petitioner of the right to 
125.30  request supervised visitation, as provided in section 518.175, 
125.31  subdivision 1a. 
125.32     Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
125.33  subdivision 8, is amended to read: 
125.34     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
125.35  NOTICE.] (a) The petition and any order issued under this 
125.36  section shall be served on the respondent personally. 
126.1      (b) When service is made out of this state and in the 
126.2   United States, it may be proved by the affidavit of the person 
126.3   making the service.  When service is made outside the United 
126.4   States, it may be proved by the affidavit of the person making 
126.5   the service, taken before and certified by any United States 
126.6   minister, charge d'affaires, commissioner, consul, or commercial 
126.7   agent, or other consular or diplomatic officer of the United 
126.8   States appointed to reside in the other country, including all 
126.9   deputies or other representatives of the officer authorized to 
126.10  perform their duties; or before an office authorized to 
126.11  administer an oath with the certificate of an officer of a court 
126.12  of record of the country in which the affidavit is taken as to 
126.13  the identity and authority of the officer taking the affidavit.  
126.14     (c) If personal service cannot be made, the court may order 
126.15  service of the petition and any order issued under this section 
126.16  by alternate means, or by publication, which publication must be 
126.17  made as in other actions.  The application for alternate service 
126.18  must include the last known location of the respondent; the 
126.19  petitioner's most recent contacts with the respondent; the last 
126.20  known location of the respondent's employment; the names and 
126.21  locations of the respondent's parents, siblings, children, and 
126.22  other close relatives; the names and locations of other persons 
126.23  who are likely to know the respondent's whereabouts; and a 
126.24  description of efforts to locate those persons. 
126.25     The court shall consider the length of time the 
126.26  respondent's location has been unknown, the likelihood that the 
126.27  respondent's location will become known, the nature of the 
126.28  relief sought, and the nature of efforts made to locate the 
126.29  respondent.  The court shall order service by first class mail, 
126.30  forwarding address requested, to any addresses where there is a 
126.31  reasonable possibility that mail or information will be 
126.32  forwarded or communicated to the respondent.  
126.33     The court may also order publication, within or without the 
126.34  state, but only if it might reasonably succeed in notifying the 
126.35  respondent of the proceeding.  Service shall be deemed complete 
126.36  14 days after mailing or 14 days after court-ordered publication.
127.1      (d) A petition and any order issued under this section must 
127.2   include a notice to the respondent that if an order for 
127.3   protection is issued to protect the petitioner or a child of the 
127.4   parties, upon request of the petitioner in any visitation 
127.5   proceeding, the court shall consider the order for protection in 
127.6   making a decision regarding visitation.  
127.7      Sec. 13.  Minnesota Statutes 1996, section 518B.01, 
127.8   subdivision 14, is amended to read: 
127.9      Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
127.10  Whenever an order for protection is granted pursuant to this 
127.11  section or a similar law of another state, and the respondent or 
127.12  person to be restrained knows of the order, violation of the 
127.13  order for protection is a misdemeanor.  Upon conviction, the 
127.14  defendant must be sentenced to a minimum of three days 
127.15  imprisonment and must be ordered to participate in counseling or 
127.16  other appropriate programs selected by the court.  If the court 
127.17  stays imposition or execution of the jail sentence and the 
127.18  defendant refuses or fails to comply with the court's treatment 
127.19  order, the court must impose and execute the stayed jail 
127.20  sentence.  A person is guilty of a gross misdemeanor who 
127.21  violates this paragraph during the time period between a 
127.22  previous conviction under this paragraph; sections 609.221 to 
127.23  609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
127.24  subdivision 6; 609.749; or a similar law of another state and 
127.25  the end of the five years following discharge from sentence for 
127.26  that conviction.  Upon conviction, the defendant must be 
127.27  sentenced to a minimum of ten days imprisonment and must be 
127.28  ordered to participate in counseling or other appropriate 
127.29  programs selected by the court.  Notwithstanding section 
127.30  609.135, the court must impose and execute the minimum sentence 
127.31  provided in this paragraph for gross misdemeanor convictions. 
127.32     (b) A peace officer shall arrest without a warrant and take 
127.33  into custody a person whom the peace officer has probable cause 
127.34  to believe has violated an order granted pursuant to this 
127.35  section or a similar law of another state restraining the person 
127.36  or excluding the person from the residence or the petitioner's 
128.1   place of employment, even if the violation of the order did not 
128.2   take place in the presence of the peace officer, if the 
128.3   existence of the order can be verified by the officer.  The 
128.4   person shall be held in custody for at least 36 hours, excluding 
128.5   the day of arrest, Sundays, and holidays, unless the person is 
128.6   released earlier by a judge or judicial officer.  A peace 
128.7   officer acting in good faith and exercising due care in making 
128.8   an arrest pursuant to this paragraph is immune from civil 
128.9   liability that might result from the officer's actions. 
128.10     (c) A violation of an order for protection shall also 
128.11  constitute contempt of court and be subject to the penalties 
128.12  therefor.  
128.13     (d) If the court finds that the respondent has violated an 
128.14  order for protection and that there is reason to believe that 
128.15  the respondent will commit a further violation of the provisions 
128.16  of the order restraining the respondent from committing acts of 
128.17  domestic abuse or excluding the respondent from the petitioner's 
128.18  residence, the court may require the respondent to acknowledge 
128.19  an obligation to comply with the order on the record.  The court 
128.20  may require a bond sufficient to deter the respondent from 
128.21  committing further violations of the order for protection, 
128.22  considering the financial resources of the respondent, and not 
128.23  to exceed $10,000.  If the respondent refuses to comply with an 
128.24  order to acknowledge the obligation or post a bond under this 
128.25  paragraph, the court shall commit the respondent to the county 
128.26  jail during the term of the order for protection or until the 
128.27  respondent complies with the order under this paragraph.  The 
128.28  warrant must state the cause of commitment, with the sum and 
128.29  time for which any bond is required.  If an order is issued 
128.30  under this paragraph, the court may order the costs of the 
128.31  contempt action, or any part of them, to be paid by the 
128.32  respondent.  An order under this paragraph is appealable.  
128.33     (e) Upon the filing of an affidavit by the petitioner, any 
128.34  peace officer, or an interested party designated by the court, 
128.35  alleging that the respondent has violated any order for 
128.36  protection granted pursuant to this section or a similar law of 
129.1   another state, the court may issue an order to the respondent, 
129.2   requiring the respondent to appear and show cause within 14 days 
129.3   why the respondent should not be found in contempt of court and 
129.4   punished therefor.  The hearing may be held by the court in any 
129.5   county in which the petitioner or respondent temporarily or 
129.6   permanently resides at the time of the alleged violation, or in 
129.7   the county in which the alleged violation occurred, if the 
129.8   petitioner and respondent do not reside in this state.  The 
129.9   court also shall refer the violation of the order for protection 
129.10  to the appropriate prosecuting authority for possible 
129.11  prosecution under paragraph (a). 
129.12     (f) If it is alleged that the respondent has violated an 
129.13  order for protection issued under subdivision 6 or a similar law 
129.14  of another state and the court finds that the order has expired 
129.15  between the time of the alleged violation and the court's 
129.16  hearing on the violation, the court may grant a new order for 
129.17  protection under subdivision 6 based solely on the respondent's 
129.18  alleged violation of the prior order, to be effective until the 
129.19  hearing on the alleged violation of the prior order.  If the 
129.20  court finds that the respondent has violated the prior order, 
129.21  the relief granted in the new order for protection shall be 
129.22  extended for a fixed period, not to exceed one year, except when 
129.23  the court determines a longer fixed period is appropriate. 
129.24     (g) The admittance into petitioner's dwelling of an abusing 
129.25  party excluded from the dwelling under an order for protection 
129.26  is not a violation by the petitioner of the order for protection.
129.27     A peace officer is not liable under section 609.43, clause 
129.28  (1), for a failure to perform a duty required by paragraph (b). 
129.29     (h) When a person is convicted under paragraph (a) of 
129.30  violating an order for protection under this section and the 
129.31  court determines that the person used a firearm in any way 
129.32  during commission of the violation, the court may order that the 
129.33  person is prohibited from possessing any type of firearm for any 
129.34  period longer than three years or for the remainder of the 
129.35  person's life.  A person who violates this paragraph is guilty 
129.36  of a gross misdemeanor.  At the time of the conviction, the 
130.1   court shall inform the defendant whether and for how long the 
130.2   defendant is prohibited from possessing a firearm and that it is 
130.3   a gross misdemeanor to violate this paragraph.  The failure of 
130.4   the court to provide this information to a defendant does not 
130.5   affect the applicability of the firearm possession prohibition 
130.6   or the gross misdemeanor penalty to that defendant. 
130.7      (i) Except as otherwise provided in paragraph (h), when a 
130.8   person is convicted under paragraph (a) of violating an order 
130.9   for protection under this section, the court shall inform the 
130.10  defendant that the defendant is prohibited from possessing a 
130.11  pistol for three years from the date of conviction and that it 
130.12  is a gross misdemeanor offense to violate this prohibition.  The 
130.13  failure of the court to provide this information to a defendant 
130.14  does not affect the applicability of the pistol possession 
130.15  prohibition or the gross misdemeanor penalty to that defendant. 
130.16     (j) Except as otherwise provided in paragraph (h), a person 
130.17  is not entitled to possess a pistol if the person has been 
130.18  convicted under paragraph (a) after August 1, 1996, of violating 
130.19  an order for protection under this section, unless three years 
130.20  have elapsed from the date of conviction and, during that time, 
130.21  the person has not been convicted of any other violation of this 
130.22  section.  Property rights may not be abated but access may be 
130.23  restricted by the courts.  A person who possesses a pistol in 
130.24  violation of this paragraph is guilty of a gross misdemeanor. 
130.25     (k) If the court determines that a person convicted under 
130.26  paragraph (a) of violating an order for protection under this 
130.27  section owns or possesses a firearm and used it in any way 
130.28  during the commission of the violation, it shall order that the 
130.29  firearm be summarily forfeited under section 609.5316, 
130.30  subdivision 3. 
130.31     Sec. 14.  Minnesota Statutes 1996, section 518B.01, 
130.32  subdivision 17, is amended to read: 
130.33     Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
130.34  custody proceeding the court may must consider, but is not bound 
130.35  by, a finding in a proceeding under this chapter or under a 
130.36  similar law of another state that domestic abuse has occurred 
131.1   between the parties. 
131.2      Sec. 15.  Minnesota Statutes 1996, section 518B.01, 
131.3   subdivision 18, is amended to read: 
131.4      Subd. 18.  [NOTICES.] Each order for protection granted 
131.5   under this chapter must contain a conspicuous notice to the 
131.6   respondent or person to be restrained that: 
131.7      (1) violation of an order for protection is a misdemeanor 
131.8   punishable by imprisonment for up to 90 days or a fine of up to 
131.9   $700 or both; 
131.10     (2) the respondent is forbidden to enter or stay at the 
131.11  petitioner's residence, even if invited to do so by the 
131.12  petitioner or any other person; in no event is the order for 
131.13  protection voided; and 
131.14     (3) a peace officer must arrest without warrant and take 
131.15  into custody a person whom the peace officer has probable cause 
131.16  to believe has violated an order for protection restraining the 
131.17  person or excluding the person from a residence; and 
131.18     (4) pursuant to the Violence Against Women Act of 1994, 
131.19  United States Code, title 18, section 2265, the order is 
131.20  enforceable in all 50 states, the District of Columbia, tribal 
131.21  lands, and United States territories, that violation of the 
131.22  order may also subject the respondent to federal charges and 
131.23  punishment under United States Code, title 18, sections 2261 and 
131.24  2262, and that if a final order is entered against the 
131.25  respondent after the hearing, the respondent may be prohibited 
131.26  from possessing, transporting, or accepting a firearm under the 
131.27  1994 amendment to the Gun Control Act, United States Code, title 
131.28  18, section 922(g)(8). 
131.29     Sec. 16.  Minnesota Statutes 1996, section 609.10, is 
131.30  amended to read: 
131.31     609.10 [SENTENCES AVAILABLE.] 
131.32     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
131.33  felony and compliance with the other provisions of this chapter 
131.34  the court, if it imposes sentence, may sentence the defendant to 
131.35  the extent authorized by law as follows: 
131.36     (1) to life imprisonment; or 
132.1      (2) to imprisonment for a fixed term of years set by the 
132.2   court; or 
132.3      (3) to both imprisonment for a fixed term of years and 
132.4   payment of a fine; or 
132.5      (4) to payment of a fine without imprisonment or to 
132.6   imprisonment for a fixed term of years if the fine is not paid; 
132.7   or 
132.8      (5) to payment of court-ordered restitution in addition to 
132.9   either imprisonment or payment of a fine, or both; or 
132.10     (6) to payment of a local correctional fee as authorized 
132.11  under section 609.102 in addition to any other sentence imposed 
132.12  by the court. 
132.13     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
132.14  "restitution" includes: 
132.15     (i) (1) payment of compensation to the victim or the 
132.16  victim's family; and 
132.17     (ii) (2) if the victim is deceased or already has been 
132.18  fully compensated, payment of money to a victim assistance 
132.19  program or other program directed by the court. 
132.20     In controlled substance crime cases, "restitution" also 
132.21  includes payment of compensation to a government entity that 
132.22  incurs loss as a direct result of the controlled substance crime.
132.23     "Restitution" includes payment of compensation to a 
132.24  government entity that incurs loss as a direct result of a crime.
132.25     (b) When the defendant does not pay the entire amount of 
132.26  court-ordered restitution and the fine at the same time, the 
132.27  court may order that all restitution shall be paid before the 
132.28  fine is paid. 
132.29     Sec. 17.  Minnesota Statutes 1996, section 609.125, is 
132.30  amended to read: 
132.31     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
132.32     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
132.33  misdemeanor or gross misdemeanor the court, if sentence is 
132.34  imposed, may, to the extent authorized by law, sentence the 
132.35  defendant: 
132.36     (1) to imprisonment for a definite term; or 
133.1      (2) to payment of a fine, or to imprisonment for a 
133.2   specified term if the fine is not paid; or 
133.3      (3) to both imprisonment for a definite term and payment of 
133.4   a fine; or 
133.5      (4) to payment of court-ordered restitution in addition to 
133.6   either imprisonment or payment of a fine, or both; or 
133.7      (5) to payment of a local correctional fee as authorized 
133.8   under section 609.102 in addition to any other sentence imposed 
133.9   by the court. 
133.10     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
133.11  "restitution" includes: 
133.12     (i) (1) payment of compensation to the victim or the 
133.13  victim's family; and 
133.14     (ii) (2) if the victim is deceased or already has been 
133.15  fully compensated, payment of money to a victim assistance 
133.16  program or other program directed by the court. 
133.17     In controlled substance crime cases, "restitution" also 
133.18  includes payment of compensation to a government entity that 
133.19  incurs loss as a direct result of the controlled substance crime.
133.20     "Restitution" includes payment of compensation to a 
133.21  government entity that incurs loss as a direct result of a crime.
133.22     (b) When the defendant does not pay the entire amount of 
133.23  court-ordered restitution and the fine at the same time, the 
133.24  court may order that all restitution shall be paid before the 
133.25  fine is paid. 
133.26     Sec. 18.  Minnesota Statutes 1996, section 609.2244, is 
133.27  amended to read: 
133.28     609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS 
133.29  INVESTIGATIONS.] 
133.30     Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.] 
133.31  A presentence domestic abuse assessment investigation must be 
133.32  conducted and an assessment a report submitted to the court by 
133.33  the county corrections agency responsible for administering the 
133.34  assessment conducting the investigation when: 
133.35     (1) a defendant is convicted of an offense described in 
133.36  section 518B.01, subdivision 2; or 
134.1      (2) a defendant is arrested for committing an offense 
134.2   described in section 518B.01, subdivision 2, but is convicted of 
134.3   another offense arising out of the same circumstances 
134.4   surrounding the arrest. 
134.5      Subd. 2.  [REPORT.] (a) The assessment report must contain 
134.6   an evaluation of the convicted defendant department of 
134.7   corrections shall establish minimum standards for the report, 
134.8   including the circumstances of the offense, impact on the 
134.9   victim, the defendant's prior record, characteristics and 
134.10  history of alcohol and chemical use problems, and amenability to 
134.11  domestic abuse counseling programs.  The report is classified as 
134.12  private data on individuals as defined in section 13.02, 
134.13  subdivision 12.  Victim impact statements are confidential. 
134.14     (b) The assessment report must include: 
134.15     (1) a recommendation on any limitations on contact with the 
134.16  victim and other measures to ensure the victim's safety; 
134.17     (2) a recommendation for the defendant to enter and 
134.18  successfully complete domestic abuse counseling programming and 
134.19  any aftercare found necessary by the assessment investigation; 
134.20     (3) a recommendation for chemical dependency evaluation and 
134.21  treatment as determined by the evaluation whenever alcohol or 
134.22  drugs were found to be a contributing factor to the offense; 
134.23     (4) recommendations for other appropriate remedial action 
134.24  or care, which may consist of educational programs, one-on-one 
134.25  counseling, a program or type of treatment that addresses mental 
134.26  health concerns, or a specific explanation why no level of care 
134.27  or action is recommended; and 
134.28     (5) consequences for failure to abide by conditions set up 
134.29  by the court. 
134.30     Subd. 3.  [ASSESSOR CORRECTIONS AGENTS STANDARDS; RULES; 
134.31  ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic 
134.32  abuse assessment investigation required by this section must be 
134.33  conducted by an assessor approved by the court, the local 
134.34  corrections department, or the commissioner of corrections.  The 
134.35  assessor corrections agent shall have access to any police 
134.36  reports or other law enforcement data relating to the current 
135.1   offense or previous offenses that are necessary to complete the 
135.2   evaluation.  An assessor providing A corrections agent 
135.3   conducting an assessment investigation under this section may 
135.4   not have any direct or shared financial interest or referral 
135.5   relationship resulting in shared financial gain with a treatment 
135.6   provider.  An appointment for the defendant to undergo 
135.7   the assessment shall investigation must be made by the court, a 
135.8   court services probation officer, or court administrator as soon 
135.9   as possible but in no case more than one week after the 
135.10  defendant's court appearance.  The assessment must be completed 
135.11  no later than three weeks after the defendant's court date. 
135.12     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION FEE.] 
135.13  When the court sentences a person convicted of an offense 
135.14  described in section 518B.01, subdivision 2, the court shall 
135.15  impose a domestic abuse assessment investigation fee of at least 
135.16  $50 but not more than $125.  This fee must be imposed whether 
135.17  the sentence is executed, stayed, or suspended.  The court may 
135.18  not waive payment or authorize payment of the fee in 
135.19  installments unless it makes written findings on the record that 
135.20  the convicted person is indigent or that the fee would create 
135.21  undue hardship for the convicted person or that person's 
135.22  immediate family.  The person convicted of the offense and 
135.23  ordered to pay the fee shall pay the fee to the county 
135.24  corrections department or other designated agencies conducting 
135.25  the assessment investigation. 
135.26     Sec. 19.  Minnesota Statutes 1996, section 611A.01, is 
135.27  amended to read: 
135.28     611A.01 [DEFINITIONS.] 
135.29     For the purposes of sections 611A.01 to 611A.06: 
135.30     (a) "Crime" means conduct that is prohibited by local 
135.31  ordinance and results in bodily harm to an individual; or 
135.32  conduct that is included within the definition of "crime" in 
135.33  section 609.02, subdivision 1, or would be included within that 
135.34  definition but for the fact that (i) the person engaging in the 
135.35  conduct lacked capacity to commit the crime under the laws of 
135.36  this state, or (ii) the act was alleged or found to have been 
136.1   committed by a juvenile; 
136.2      (b) "Victim" means a natural person who incurs loss or harm 
136.3   as a result of a crime, including a good faith effort to prevent 
136.4   a crime, and for purposes of sections 611A.04 and 611A.045, also 
136.5   includes (i) a corporation that incurs loss or harm as a result 
136.6   of a crime, and (ii) a government entity that incurs loss or 
136.7   harm as a result of a crime, and (iii) any other entity 
136.8   authorized to receive restitution under section 609.10 or 
136.9   609.125.  If the victim is a natural person and is deceased, 
136.10  "victim" means the deceased's surviving spouse or next of kin; 
136.11  and 
136.12     (c) "Juvenile" has the same meaning as given to the term 
136.13  "child" in section 260.015, subdivision 2.  
136.14     Sec. 20.  Minnesota Statutes 1996, section 611A.035, is 
136.15  amended to read: 
136.16     611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
136.17     Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
136.18  A prosecutor may elect not to disclose a victim's or witness's 
136.19  home or employment address or telephone number if the prosecutor 
136.20  certifies to the trial court that: 
136.21     (1) the defendant or respondent has been charged with or 
136.22  alleged to have committed a crime; 
136.23     (2) the nondisclosure is needed to address the victim's or 
136.24  witness's concerns about safety or security; and 
136.25     (3) the victim's or witness's home or employment address or 
136.26  telephone number is not relevant to the prosecution's case. 
136.27     If such a certification is made, the prosecutor must move 
136.28  at a contested hearing for the court's permission to continue to 
136.29  withhold this information. 
136.30     The court shall either: 
136.31     (1) order the information disclosed to defense counsel, but 
136.32  order it not disclosed to the defendant; or 
136.33     (2) order the prosecutor to arrange a confidential meeting 
136.34  between defense counsel, or his or her agent, and the victim or 
136.35  witness, at a neutral location. 
136.36     This subdivision shall not be construed to compel a victim 
137.1   or witness to give any statement to or attend any meeting with 
137.2   defense counsel or defense counsel's agent. 
137.3      Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
137.4   witness providing testimony in court proceedings may be 
137.5   compelled to state a home or employment address on the record in 
137.6   open court unless the court finds that the testimony would be 
137.7   relevant evidence. 
137.8      Sec. 21.  Minnesota Statutes 1996, section 611A.038, is 
137.9   amended to read: 
137.10     611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
137.11     (a) A victim has the right to submit an impact statement to 
137.12  the court at the time of sentencing or disposition hearing.  The 
137.13  impact statement may be presented to the court orally or in 
137.14  writing, at the victim's option.  If the victim requests, the 
137.15  prosecutor must orally present the statement to the court. 
137.16     Statements may include the following, subject to reasonable 
137.17  limitations as to time and length: 
137.18     (1) a summary of the harm or trauma suffered by the victim 
137.19  as a result of the crime; 
137.20     (2) a summary of the economic loss or damage suffered by 
137.21  the victim as a result of the crime; and 
137.22     (3) a victim's reaction to the proposed sentence or 
137.23  disposition. 
137.24     (b) A representative of the community affected by the crime 
137.25  may submit an impact statement in the same manner that a victim 
137.26  may as provided in paragraph (a).  This impact statement shall 
137.27  describe the adverse social or economic effects the offense has 
137.28  had on persons residing and businesses operating in the 
137.29  community where the offense occurred. 
137.30     (c) If the court permits the defendant or anyone speaking 
137.31  on the defendant's behalf to present a statement to the court, 
137.32  the court shall limit the response to factual issues which are 
137.33  relevant to sentencing. 
137.34     (d) Nothing in this section shall be construed to extend 
137.35  the defendant's right to address the court under section 631.20. 
137.36     Sec. 22.  Minnesota Statutes 1996, section 611A.039, 
138.1   subdivision 1, is amended to read: 
138.2      Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
138.3   provided in subdivision 2, within 15 working days after a 
138.4   conviction, acquittal, or dismissal in a criminal case in which 
138.5   there is an identifiable crime victim, the prosecutor shall make 
138.6   reasonable good faith efforts to provide to each affected crime 
138.7   victim oral or written notice of the final disposition of the 
138.8   case.  When the court is considering modifying the sentence for 
138.9   a felony or a crime of violence or an attempted crime of 
138.10  violence, the court or its designee shall make a reasonable and 
138.11  good faith effort to notify the victim of the crime.  If the 
138.12  victim is incapacitated or deceased, notice must be given to the 
138.13  victim's family.  If the victim is a minor, notice must be given 
138.14  to the victim's parent or guardian.  The notice must include: 
138.15     (1) the date and approximate time of the review; 
138.16     (2) the location where the review will occur; 
138.17     (3) the name and telephone number of a person to contact 
138.18  for additional information; and 
138.19     (4) a statement that the victim and victim's family may 
138.20  provide input to the court concerning the sentence modification. 
138.21     As used in this section, "crime of violence" has the 
138.22  meaning given in section 624.712, subdivision 5, and also 
138.23  includes gross misdemeanor violations of section 609.224, and 
138.24  nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
138.25  609.748, and 609.749. 
138.26     Sec. 23.  [611A.0395] [RIGHT TO INFORMATION REGARDING 
138.27  DEFENDANT'S APPEAL.] 
138.28     Subdivision 1.  [PROSECUTING ATTORNEY TO NOTIFY 
138.29  VICTIMS.] (a) The prosecuting attorney shall make a reasonable 
138.30  and good faith effort to provide to each affected victim oral or 
138.31  written notice of a pending appeal.  This notice must be 
138.32  provided within 30 days of filing of the respondent's brief.  
138.33  The notice must contain a brief explanation of the contested 
138.34  issues or a copy of the brief, an explanation of the applicable 
138.35  process, information about scheduled oral arguments or hearings, 
138.36  a statement that the victim and the victim's family may attend 
139.1   the argument or hearing, and the name and telephone number of a 
139.2   person that may be contacted for additional information. 
139.3      (b) In a criminal case in which there is an identifiable 
139.4   crime victim, within 15 working days of a final decision on an 
139.5   appeal, the prosecuting attorney shall make a reasonable and 
139.6   good faith effort to provide to each affected victim oral or 
139.7   written notice of the decision.  This notice must include a 
139.8   brief explanation of what effect, if any, the decision has upon 
139.9   the judgment of the trial court and the name and telephone 
139.10  number of a person that may be contacted for additional 
139.11  information. 
139.12     Subd. 2.  [EXCEPTION.] The notices described in subdivision 
139.13  1 do not have to be given to victims who have previously 
139.14  indicated a desire not to be notified. 
139.15     Sec. 24.  Minnesota Statutes 1996, section 611A.04, is 
139.16  amended by adding a subdivision to read: 
139.17     Subd. 4.  [PAYMENT OF RESTITUTION.] When the court orders 
139.18  both the payment of restitution and the payment of a fine and 
139.19  the defendant does not pay the entire amount of court-ordered 
139.20  restitution and the fine at the same time, the court may order 
139.21  that all restitution shall be paid before the fine is paid. 
139.22     Sec. 25.  Minnesota Statutes 1996, section 611A.045, 
139.23  subdivision 1, is amended to read: 
139.24     Subdivision 1.  [CRITERIA.] (a) The court, in determining 
139.25  whether to order restitution and the amount of the restitution, 
139.26  shall consider the following factors: 
139.27     (1) the amount of economic loss sustained by the victim as 
139.28  a result of the offense; and 
139.29     (2) the income, resources, and obligations of the defendant.
139.30     (b) If there is more than one victim of a crime, the court 
139.31  shall give priority to victims who are not governmental entities 
139.32  when ordering restitution. 
139.33     Sec. 26.  Minnesota Statutes 1996, section 611A.25, 
139.34  subdivision 3, is amended to read: 
139.35     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
139.36  governs the filling of vacancies and removal of members of the 
140.1   sexual assault advisory council.  The terms of the members of 
140.2   the advisory council shall be two years.  No member may serve on 
140.3   the advisory council for more than two consecutive terms.  The 
140.4   council expires on June 30, 2001.  Council members shall receive 
140.5   expense reimbursement as specified in section 15.059.  
140.6      Sec. 27.  Minnesota Statutes 1996, section 611A.361, 
140.7   subdivision 3, is amended to read: 
140.8      Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
140.9   governs the filling of vacancies and removal of members of the 
140.10  general crime victims advisory council.  The terms of the 
140.11  members of the advisory council shall be two years.  No member 
140.12  may serve on the advisory council for more than two consecutive 
140.13  terms.  The council expires on June 30, 2001.  Council members 
140.14  shall receive expense reimbursement as specified in section 
140.15  15.059. 
140.16     Sec. 28.  Minnesota Statutes 1996, section 611A.52, 
140.17  subdivision 6, is amended to read: 
140.18     Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
140.19     (1) occurs or is attempted anywhere within the geographical 
140.20  boundaries of this state, including Indian reservations and 
140.21  other trust lands; 
140.22     (2) poses a substantial threat of personal injury or death; 
140.23  and 
140.24     (3) is included within the definition of "crime" in section 
140.25  609.02, subdivision 1, or would be included within that 
140.26  definition but for the fact that (i) the person engaging in the 
140.27  conduct lacked capacity to commit the crime under the laws of 
140.28  this state; or (ii) the act was alleged or found to have been 
140.29  committed by a juvenile.  
140.30     (b) A crime occurs whether or not any person is prosecuted 
140.31  or convicted but the conviction of a person whose acts give rise 
140.32  to the claim is conclusive evidence that a crime was committed 
140.33  unless an application for rehearing, appeal, or petition for 
140.34  certiorari is pending or a new trial or rehearing has been 
140.35  ordered.  
140.36     (c) "Crime" does not include an act involving the operation 
141.1   of a motor vehicle, aircraft, or watercraft that results in 
141.2   injury or death, except that a crime includes any of the 
141.3   following: 
141.4      (1) injury or death intentionally inflicted through the use 
141.5   of a motor vehicle, aircraft, or watercraft; 
141.6      (2) injury or death caused by a driver in violation of 
141.7   section 169.09, subdivision 1; 169.121; or 609.21; and 
141.8      (3) injury or death caused by a driver of a motor vehicle 
141.9   in the immediate act of fleeing the scene of a crime in which 
141.10  the driver knowingly and willingly participated. 
141.11     (d) Notwithstanding paragraph (a), "crime" includes an act 
141.12  of international terrorism as defined in United States Code, 
141.13  title 18, section 2331, committed outside of the United States 
141.14  against a resident of this state. 
141.15     Sec. 29.  Minnesota Statutes 1996, section 611A.52, 
141.16  subdivision 8, is amended to read: 
141.17     Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
141.18  economic detriment incurred as a direct result of injury or 
141.19  death.  
141.20     (a) In the case of injury the term is limited to:  
141.21     (1) reasonable expenses incurred for necessary medical, 
141.22  chiropractic, hospital, rehabilitative, and dental products, 
141.23  services, or accommodations, including ambulance services, 
141.24  drugs, appliances, and prosthetic devices; 
141.25     (2) reasonable expenses associated with recreational 
141.26  therapy where a claimant has suffered amputation of a limb; 
141.27     (3) reasonable expenses incurred for psychological or 
141.28  psychiatric products, services, or accommodations, not to exceed 
141.29  an amount to be set by the board, where the nature of the injury 
141.30  or the circumstances of the crime are such that the treatment is 
141.31  necessary to the rehabilitation of the victim; 
141.32     (4) loss of income that the victim would have earned had 
141.33  the victim not been injured; 
141.34     (5) reasonable expenses incurred for substitute child care 
141.35  or household services to replace those the victim or claimant 
141.36  would have performed had the victim or the claimant's child not 
142.1   been injured.  As used in this clause, "child care services" 
142.2   means services provided by facilities licensed under and in 
142.3   compliance with either Minnesota Rules, parts 9502.0315 to 
142.4   9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
142.5   requirements pursuant to section 245A.03.  Licensed facilities 
142.6   must be paid at a rate not to exceed their standard rate of 
142.7   payment.  Facilities exempted from licensing requirements must 
142.8   be paid at a rate not to exceed $3 an hour per child for daytime 
142.9   child care or $4 an hour per child for evening child care; and 
142.10     (6) reasonable expenses actually incurred to return a child 
142.11  who was a victim of a crime under section 609.25 or 609.26 to 
142.12  the child's parents or lawful custodian.  These expenses are 
142.13  limited to transportation costs, meals, and lodging from the 
142.14  time the child was located until the child was returned home.  
142.15     (b) In the case of death the term is limited to:  
142.16     (1) reasonable expenses actually incurred for funeral, 
142.17  burial, or cremation, not to exceed an amount to be determined 
142.18  by the board on the first day of each fiscal year; 
142.19     (2) reasonable expenses for medical, chiropractic, 
142.20  hospital, rehabilitative, psychological and psychiatric 
142.21  services, products or accommodations which were incurred prior 
142.22  to the victim's death and for which the victim's survivors or 
142.23  estate are liable; 
142.24     (3) loss of support, including contributions of money, 
142.25  products or goods, but excluding services which the victim would 
142.26  have supplied to dependents if the victim had lived; and 
142.27     (4) reasonable expenses incurred for substitute child care 
142.28  and household services to replace those which the victim or 
142.29  claimant would have performed for the benefit of dependents if 
142.30  the victim or the claimant's child had lived.  
142.31     Claims for loss of support for minor children made under 
142.32  clause (3) must be paid for three years or until the child 
142.33  reaches 18 years old, whichever is the shorter period.  After 
142.34  three years, if the child is younger than 18 years old a claim 
142.35  for loss of support may be resubmitted to the board, and the 
142.36  board staff shall evaluate the claim giving consideration to the 
143.1   child's financial need and to the availability of funds to the 
143.2   board.  Claims for loss of support for a spouse made under 
143.3   clause (3) shall also be reviewed at least once every three 
143.4   years.  The board staff shall evaluate the claim giving 
143.5   consideration to the spouse's financial need and to the 
143.6   availability of funds to the board.  
143.7      Claims for substitute child care services made under clause 
143.8   (4) must be limited to the actual care that the deceased victim 
143.9   would have provided to enable surviving family members to pursue 
143.10  economic, educational, and other activities other than 
143.11  recreational activities. 
143.12     Sec. 30.  Minnesota Statutes 1996, section 611A.53, 
143.13  subdivision 1b, is amended to read: 
143.14     Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
143.15  Minnesota resident who is the victim of a crime committed 
143.16  outside the geographical boundaries of this state but who 
143.17  otherwise meets the requirements of this section shall have the 
143.18  same rights under this chapter as if the crime had occurred 
143.19  within this state upon a showing that the state, territory, or 
143.20  United States possession in which the crime occurred does not 
143.21  have a crime victim reparations law covering the resident's 
143.22  injury or death.  
143.23     (b) Notwithstanding paragraph (a), a Minnesota resident who 
143.24  is the victim of a crime involving international terrorism who 
143.25  otherwise meets the requirements of this section, has the same 
143.26  rights under this chapter as if the crime had occurred within 
143.27  this state regardless of where the crime occurred or whether the 
143.28  jurisdiction has a crime victims reparations law. 
143.29     Sec. 31.  Minnesota Statutes 1996, section 611A.675, is 
143.30  amended to read: 
143.31     611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 
143.32     Subdivision 1.  [GRANTS AUTHORIZED.] The crime victims 
143.33  reparations board victim and witness advisory council shall make 
143.34  grants to local law enforcement agencies prosecutors and victim 
143.35  assistance programs for the purpose of providing emergency 
143.36  assistance to victims.  As used in this section, "emergency 
144.1   assistance" includes but is not limited to: 
144.2      (1) replacement of necessary property that was lost, 
144.3   damaged, or stolen as a result of the crime; 
144.4      (2) purchase and installation of necessary home security 
144.5   devices; and 
144.6      (3) transportation to locations related to the victim's 
144.7   needs as a victim, such as medical facilities and facilities of 
144.8   the criminal justice system; 
144.9      (4) cleanup of the crime scene; and 
144.10     (5) reimbursement for reasonable travel and living expenses 
144.11  the victim incurred to attend court proceedings that were held 
144.12  at a location other than the place where the crime occurred due 
144.13  to a change of venue. 
144.14     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
144.15  sheriff or the chief administrative officer of a municipal 
144.16  police department attorney's office or victim assistance program 
144.17  may apply to the board council for a grant for any of the 
144.18  purposes described in subdivision 1 or for any other emergency 
144.19  assistance purpose approved by the board council.  The 
144.20  application must be on forms and pursuant to procedures 
144.21  developed by the board council.  The application must describe 
144.22  the type or types of intended emergency assistance, estimate the 
144.23  amount of money required, and include any other information 
144.24  deemed necessary by the board council. 
144.25     Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
144.26  county sheriff or chief administrative officer of a municipal 
144.27  police department who attorney's office or victim assistance 
144.28  program that receives a grant under this section shall report 
144.29  all expenditures to the board on a quarterly basis.  The sheriff 
144.30  or chief administrative officer shall also file an annual report 
144.31  with the board council itemizing the expenditures made during 
144.32  the preceding year, the purpose of those expenditures, and the 
144.33  ultimate disposition, if any, of each assisted victim's criminal 
144.34  case. 
144.35     Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
144.36  1997 1999, the board council shall report to the chairs of the 
145.1   senate crime prevention and house of representatives judiciary 
145.2   committees on the implementation, use, and administration of the 
145.3   grant program created under this section. 
145.4      Sec. 32.  Minnesota Statutes 1996, section 611A.71, 
145.5   subdivision 5, is amended to read: 
145.6      Subd. 5.  [DUTIES.] The council shall:  
145.7      (1) review on a regular basis the treatment of victims by 
145.8   the criminal justice system and the need and availability of 
145.9   services to victims; 
145.10     (2) advise the agency designated by the governor to apply 
145.11  for victim assistance program grants under chapter 14 of Public 
145.12  Law Number 98-473, in the coordination and allocation of federal 
145.13  funds for crime victims assistance programs; 
145.14     (3) advocate necessary changes and monitor victim-related 
145.15  legislation; 
145.16     (4) provide information, training, and technical assistance 
145.17  to state and local agencies and groups involved in victim and 
145.18  witness assistance; 
145.19     (5) serve as a clearinghouse for information concerning 
145.20  victim and witness programs; 
145.21     (6) develop guidelines for the implementation of victim and 
145.22  witness assistance programs and aid in the creation and 
145.23  development of programs; 
145.24     (7) coordinate the development and implementation of 
145.25  policies and guidelines for the treatment of victims and 
145.26  witnesses, and the delivery of services to them; and 
145.27     (8) develop ongoing public awareness efforts and programs 
145.28  to assist victims; and 
145.29     (9) administer the grant program described in section 
145.30  611A.675. 
145.31     Sec. 33.  Minnesota Statutes 1996, section 611A.71, 
145.32  subdivision 7, is amended to read: 
145.33     Subd. 7.  [EXPIRATION.] The council expires on June 30, 
145.34  1997 2001. 
145.35     Sec. 34.  Minnesota Statutes 1996, section 611A.74, 
145.36  subdivision 1, is amended to read: 
146.1      Subdivision 1.  [CREATION.] The office of crime victim 
146.2   ombudsman for Minnesota is created.  The ombudsman shall be 
146.3   appointed by the commissioner of public safety with the advice 
146.4   of the advisory council, and governor, shall serve in the 
146.5   unclassified service at the pleasure of the commissioner 
146.6   governor and shall be selected without regard to political 
146.7   affiliation.  No person may serve as ombudsman while holding any 
146.8   other public office.  The ombudsman is directly accountable to 
146.9   the commissioner of public safety and governor.  The ombudsman 
146.10  shall have the authority to investigate decisions, acts, and 
146.11  other matters of the criminal justice system so as to promote 
146.12  the highest attainable standards of competence, efficiency, and 
146.13  justice for crime victims in the criminal justice system. 
146.14     Sec. 35.  Minnesota Statutes 1996, section 611A.74, is 
146.15  amended by adding a subdivision to read: 
146.16     Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
146.17  appoint employees necessary to discharge responsibilities of the 
146.18  office.  The ombudsman may delegate to staff members any of the 
146.19  ombudsman's authority or duties except the duties of formally 
146.20  making recommendations to appropriate authorities and reports to 
146.21  the office of the governor or to the legislature. 
146.22     (b) The commissioner of public safety shall provide office 
146.23  space and administrative support services to the ombudsman and 
146.24  the ombudsman's staff. 
146.25     Sec. 36.  Minnesota Statutes 1996, section 611A.74, 
146.26  subdivision 3, is amended to read: 
146.27     Subd. 3.  [POWERS.] The crime victim ombudsman has those 
146.28  powers necessary to carry out the duties set out in 
146.29  subdivision 1 2, including:  
146.30     (a) The ombudsman may investigate, with or without a 
146.31  complaint, any action of an element of the criminal justice 
146.32  system or a victim assistance program included in subdivision 2. 
146.33     (b) The ombudsman may request and shall be given access to 
146.34  information and assistance the ombudsman considers necessary for 
146.35  the discharge of responsibilities.  The ombudsman may inspect, 
146.36  examine, and be provided copies of records and documents of all 
147.1   elements of the criminal justice system and victim assistance 
147.2   programs.  The ombudsman may request and shall be given access 
147.3   to police reports pertaining to juveniles and juvenile 
147.4   delinquency petitions, notwithstanding section 260.161.  Any 
147.5   information received by the ombudsman retains its data 
147.6   classification under chapter 13 while in the ombudsman's 
147.7   possession.  Juvenile records obtained under this subdivision 
147.8   may not be released to any person. 
147.9      (c) The ombudsman may prescribe the methods by which 
147.10  complaints are to be made, received, and acted upon; may 
147.11  determine the scope and manner of investigations to be made; and 
147.12  subject to the requirements of sections 611A.72 to 611A.74, may 
147.13  determine the form, frequency, and distribution of ombudsman 
147.14  conclusions, recommendations, and proposals.  
147.15     (d) After completing investigation of a complaint, the 
147.16  ombudsman shall inform in writing the complainant, the 
147.17  investigated person or entity, and other appropriate authorities 
147.18  of the action taken.  If the complaint involved the conduct of 
147.19  an element of the criminal justice system in relation to a 
147.20  criminal or civil proceeding, the ombudsman's findings shall be 
147.21  forwarded to the court in which the proceeding occurred.  
147.22     (e) Before announcing a conclusion or recommendation that 
147.23  expressly or impliedly criticizes an administrative agency or 
147.24  any person, the ombudsman shall consult with that agency or 
147.25  person. 
147.26     Sec. 37.  Minnesota Statutes 1996, section 611A.75, is 
147.27  amended to read: 
147.28     611A.75 [REPORT TO LEGISLATURE.] 
147.29     The commissioner of public safety shall report to the 
147.30  legislature biennially on the activities of crime victim 
147.31  programs under chapter 611A; except that the crime victim 
147.32  ombudsman shall report to the legislature biennially on the 
147.33  activities of the office of crime victim ombudsman. 
147.34     Sec. 38.  Minnesota Statutes 1996, section 629.725, is 
147.35  amended to read: 
147.36     629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF 
148.1   ARRESTED OR DETAINED PERSON.] 
148.2      When a person arrested or a juvenile detained for a crime 
148.3   of violence or an attempted crime of violence is scheduled to be 
148.4   reviewed under section 629.715 for release from pretrial 
148.5   detention, the court shall make a reasonable and good faith 
148.6   effort to notify the victim of the alleged crime.  If the victim 
148.7   is incapacitated or deceased, notice must be given to the 
148.8   victim's family.  If the victim is a minor, notice must be given 
148.9   to the victim's parent or guardian.  The notification must 
148.10  include: 
148.11     (1) the date and approximate time of the review; 
148.12     (2) the location where the review will occur; 
148.13     (3) the name and telephone number of a person that can be 
148.14  contacted for additional information; and 
148.15     (4) a statement that the victim and the victim's family may 
148.16  attend the review. 
148.17     As used in this section, "crime of violence" has the 
148.18  meaning given it in section 624.712, subdivision 5, and also 
148.19  includes section 609.21, gross misdemeanor violations of section 
148.20  609.224, and nonfelony violations of sections 518B.01, 609.2231, 
148.21  609.3451, 609.748, and 609.749. 
148.22     Sec. 39.  Minnesota Statutes 1996, section 631.52, 
148.23  subdivision 2, is amended to read: 
148.24     Subd. 2.  [APPLICATION.] Subdivision 1 applies to the 
148.25  following crimes or similar crimes under the laws of the United 
148.26  States or any other state:  
148.27     (1) murder in the first, second, or third degree under 
148.28  section 609.185, 609.19, or 609.195; 
148.29     (2) manslaughter in the first degree under section 609.20; 
148.30     (3) assault in the first, second, or third degree under 
148.31  section 609.221, 609.222, or 609.223; 
148.32     (4) kidnapping under section 609.25; 
148.33     (5) depriving another of custodial or parental rights under 
148.34  section 609.26; 
148.35     (6) soliciting, inducing, or promoting prostitution 
148.36  involving a minor under section 609.322; 
149.1      (7) receiving profit from prostitution involving a minor 
149.2   under section 609.323; 
149.3      (8) criminal sexual conduct in the first degree under 
149.4   section 609.342; 
149.5      (9) criminal sexual conduct in the second degree under 
149.6   section 609.343; 
149.7      (10) criminal sexual conduct in the third degree under 
149.8   section 609.344, subdivision 1, paragraph (c), (f), or (g); 
149.9      (11) solicitation of a child to engage in sexual conduct 
149.10  under section 609.352; 
149.11     (12) incest under section 609.365; 
149.12     (13) malicious punishment of a child under section 609.377; 
149.13  or 
149.14     (14) neglect of a child under section 609.378; 
149.15     (15) terroristic threats under section 609.713; or 
149.16     (16) felony harassment or stalking under section 609.749. 
149.17     Sec. 40.  [COMBINED JURISDICTION FAMILY COURT.] 
149.18     (a) Notwithstanding Minnesota Statutes, sections 260.031, 
149.19  subdivision 4, and 484.70, subdivisions 6 and 7, paragraphs (d) 
149.20  and (e), the supreme court may implement pilot projects to 
149.21  improve the resolution of family issues, including domestic 
149.22  abuse, by assigning related family, probate, and juvenile court 
149.23  matters, other than delinquency proceedings, to a single judge.  
149.24  The projects must include orders for protection and related 
149.25  domestic abuse issues and address methods for improving 
149.26  continuity and consistency with respect to consideration of 
149.27  domestic abuse issues in different proceedings involving the 
149.28  same family or household members.  One pilot project shall be 
149.29  established in the second judicial district and the other pilot 
149.30  project shall be established in a rural district. 
149.31     (b) The supreme court is requested to report to the chairs 
149.32  of the senate and house judiciary committees on the 
149.33  effectiveness of the pilot projects in resolving family issues 
149.34  when the projects are completed or by January 15, 2000, 
149.35  whichever is earlier. 
149.36     Sec. 41.  [EFFECTIVE DATE; APPLICABILITY.] 
150.1      Sections 2, 3, 26, 27, 31, 37, and 40 are effective July 1, 
150.2   1997.  Sections 1, 4 to 11, 14, 19, 20, 22, 28 to 30, and 39 are 
150.3   effective August 1, 1997.  Sections 13, 16 to 18, 24, 25, and 38 
150.4   are effective August 1, 1997, and apply to offenses committed on 
150.5   or after that date.  Sections 12, 15, 21, and 23 are effective 
150.6   August 1, 1997, and apply to proceedings committed on or after 
150.7   that date.  The individual who occupies the position of crime 
150.8   victim ombudsman before the effective date shall continue in 
150.9   that position unless replaced by the governor. 
150.10                             ARTICLE 8 
150.11                           PUBLIC SAFETY 
150.12     Section 1.  Minnesota Statutes 1996, section 13.99, is 
150.13  amended by adding a subdivision to read: 
150.14     Subd. 90b.  [CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data 
150.15  in the criminal gang investigative data system are classified in 
150.16  section 299C.091. 
150.17     Sec. 2.  Minnesota Statutes 1996, section 171.29, 
150.18  subdivision 2, is amended to read: 
150.19     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
150.20  license has been revoked as provided in subdivision 1, except 
150.21  under section 169.121 or 169.123, shall pay a $30 fee before the 
150.22  driver's license is reinstated. 
150.23     (b) A person whose driver's license has been revoked as 
150.24  provided in subdivision 1 under section 169.121 or 169.123 shall 
150.25  pay a $250 fee plus a $10 surcharge before the driver's license 
150.26  is reinstated.  The $250 fee is to be credited as follows: 
150.27     (1) Twenty percent shall be credited to the trunk highway 
150.28  fund. 
150.29     (2) Fifty-five percent shall be credited to the general 
150.30  fund. 
150.31     (3) Eight percent shall be credited to a separate account 
150.32  to be known as the bureau of criminal apprehension account.  
150.33  Money in this account may be appropriated to the commissioner of 
150.34  public safety and the appropriated amount shall be apportioned 
150.35  80 percent for laboratory costs and 20 percent for carrying out 
150.36  the provisions of section 299C.065. 
151.1      (4) Twelve percent shall be credited to a separate account 
151.2   to be known as the alcohol-impaired driver education account.  
151.3   Money in the account may be appropriated to the commissioner of 
151.4   children, families, and learning for programs in elementary and 
151.5   secondary schools. 
151.6      (5) Five percent shall be credited to a separate account to 
151.7   be known as the traumatic brain injury and spinal cord injury 
151.8   account.  $100,000 is annually appropriated from the account to 
151.9   the commissioner of human services for traumatic brain injury 
151.10  case management services.  The remaining money in the account is 
151.11  annually appropriated to the commissioner of health to establish 
151.12  and maintain the traumatic brain injury and spinal cord injury 
151.13  registry created in section 144.662 and to reimburse the 
151.14  commissioner of economic security for the reasonable cost of 
151.15  services provided under section 268A.03, clause (o). 
151.16     (c) The $10 surcharge shall be credited to a separate 
151.17  account to be known as the remote electronic alcohol monitoring 
151.18  pilot program account.  Up to $250,000 is annually appropriated 
151.19  from this account to the commissioner of corrections for a 
151.20  remote electronic alcohol monitoring pilot program.  The 
151.21  unencumbered balance remaining in the first year of the biennium 
151.22  does not cancel but is available for the second year.  The 
151.23  commissioner shall transfer the balance of this account to the 
151.24  commissioner of finance on a monthly basis for deposit in the 
151.25  general fund. 
151.26     Sec. 3.  Minnesota Statutes 1996, section 260.161, 
151.27  subdivision 3, is amended to read: 
151.28     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
151.29  for records relating to an offense where proceedings are public 
151.30  under section 260.155, subdivision 1, peace officers' records of 
151.31  children who are or may be delinquent or who may be engaged in 
151.32  criminal acts shall be kept separate from records of persons 18 
151.33  years of age or older and are private data but shall be 
151.34  disseminated:  (1) by order of the juvenile court, (2) as 
151.35  required by section 126.036, (3) as authorized under section 
151.36  13.82, subdivision 2, (4) to the child or the child's parent or 
152.1   guardian unless disclosure of a record would interfere with an 
152.2   ongoing investigation, or (5) as otherwise provided in this 
152.3   subdivision.  Except as provided in paragraph (c), no 
152.4   photographs of a child taken into custody may be taken without 
152.5   the consent of the juvenile court unless the child is alleged to 
152.6   have violated section 169.121 or 169.129.  Peace officers' 
152.7   records containing data about children who are victims of crimes 
152.8   or witnesses to crimes must be administered consistent with 
152.9   section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
152.10  violating any of the provisions of this subdivision shall be 
152.11  guilty of a misdemeanor. 
152.12     In the case of computerized records maintained about 
152.13  juveniles by peace officers, the requirement of this subdivision 
152.14  that records about juveniles must be kept separate from adult 
152.15  records does not mean that a law enforcement agency must keep 
152.16  its records concerning juveniles on a separate computer system.  
152.17  Law enforcement agencies may keep juvenile records on the same 
152.18  computer as adult records and may use a common index to access 
152.19  both juvenile and adult records so long as the agency has in 
152.20  place procedures that keep juvenile records in a separate place 
152.21  in computer storage and that comply with the special data 
152.22  retention and other requirements associated with protecting data 
152.23  on juveniles. 
152.24     (b) Nothing in this subdivision prohibits the exchange of 
152.25  information by law enforcement agencies if the exchanged 
152.26  information is pertinent and necessary to the requesting agency 
152.27  in initiating, furthering, or completing a criminal 
152.28  investigation for law enforcement purposes. 
152.29     (c) A photograph may be taken of a child taken into custody 
152.30  pursuant to section 260.165, subdivision 1, clause (b), provided 
152.31  that the photograph must be destroyed when the child reaches the 
152.32  age of 19 years.  The commissioner of corrections may photograph 
152.33  juveniles whose legal custody is transferred to the 
152.34  commissioner.  Photographs of juveniles authorized by this 
152.35  paragraph may be used only for institution management purposes, 
152.36  case supervision by parole agents, and to assist law enforcement 
153.1   agencies to apprehend juvenile offenders.  The commissioner 
153.2   shall maintain photographs of juveniles in the same manner as 
153.3   juvenile court records and names under this section. 
153.4      (d) Traffic investigation reports are open to inspection by 
153.5   a person who has sustained physical harm or economic loss as a 
153.6   result of the traffic accident.  Identifying information on 
153.7   juveniles who are parties to traffic accidents may be disclosed 
153.8   as authorized under section 13.82, subdivision 4, and accident 
153.9   reports required under section 169.09 may be released under 
153.10  section 169.09, subdivision 13, unless the information would 
153.11  identify a juvenile who was taken into custody or who is 
153.12  suspected of committing an offense that would be a crime if 
153.13  committed by an adult, or would associate a juvenile with the 
153.14  offense, and the offense is not a minor traffic offense under 
153.15  section 260.193. 
153.16     (e) A law enforcement agency shall notify the principal or 
153.17  chief administrative officer of a juvenile's school of an 
153.18  incident occurring within the agency's jurisdiction if: 
153.19     (1) the agency has probable cause to believe that the 
153.20  juvenile has committed an offense that would be a crime if 
153.21  committed as an adult, that the victim of the offense is a 
153.22  student or staff member of the school, and that notice to the 
153.23  school is reasonably necessary for the protection of the victim; 
153.24  or 
153.25     (2) the agency has probable cause to believe that the 
153.26  juvenile has committed an offense described in subdivision 1b, 
153.27  paragraph (a), clauses (1) to (3), that would be a crime if 
153.28  committed by an adult, regardless of whether the victim is a 
153.29  student or staff member of the school. 
153.30     A law enforcement agency is not required to notify the 
153.31  school under this paragraph if the agency determines that notice 
153.32  would jeopardize an ongoing investigation.  Notwithstanding 
153.33  section 138.17, data from a notice received from a law 
153.34  enforcement agency under this paragraph must be destroyed when 
153.35  the juvenile graduates from the school or at the end of the 
153.36  academic year when the juvenile reaches age 23, whichever date 
154.1   is earlier.  For purposes of this paragraph, "school" means a 
154.2   public or private elementary, middle, or secondary school. 
154.3      (f) In any county in which the county attorney operates or 
154.4   authorizes the operation of a juvenile prepetition or pretrial 
154.5   diversion program, a law enforcement agency or county attorney's 
154.6   office may provide the juvenile diversion program with data 
154.7   concerning a juvenile who is a participant in or is being 
154.8   considered for participation in the program. 
154.9      (g) Upon request of a local social service agency, peace 
154.10  officer records of children who are or may be delinquent or who 
154.11  may be engaged in criminal acts may be disseminated to the 
154.12  agency to promote the best interests of the subject of the data. 
154.13     Sec. 4.  Minnesota Statutes 1996, section 260.161, 
154.14  subdivision 1, is amended to read: 
154.15     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
154.16  juvenile court judge shall keep such minutes and in such manner 
154.17  as the court deems necessary and proper.  Except as provided in 
154.18  paragraph (b), the court shall keep and maintain records 
154.19  pertaining to delinquent adjudications until the person reaches 
154.20  the age of 28 years and shall release the records on an 
154.21  individual to another juvenile court that has jurisdiction of 
154.22  the juvenile, to a requesting adult court for purposes of 
154.23  sentencing, or to an adult court or juvenile court as required 
154.24  by the right of confrontation of either the United States 
154.25  Constitution or the Minnesota Constitution.  The juvenile court 
154.26  shall provide, upon the request of any other juvenile court, 
154.27  copies of the records concerning adjudications involving the 
154.28  particular child.  The court also may provide copies of records 
154.29  concerning delinquency adjudications, on request, to law 
154.30  enforcement agencies, probation officers, and corrections agents 
154.31  if the court finds that providing these records serves public 
154.32  safety or is in the best interests of the child.  Until July 1, 
154.33  1999, juvenile court delinquency proceeding records of 
154.34  adjudications, court transcripts, and delinquency petitions, 
154.35  including any probable cause attachments that have been filed or 
154.36  police officer reports relating to a petition, must be released 
155.1   to requesting law enforcement agencies and prosecuting 
155.2   authorities for purposes of investigating and prosecuting 
155.3   violations of section 609.229, provided that psychological or 
155.4   mental health reports may not be included with those records.  
155.5   The records have the same data classification in the hands of 
155.6   the agency receiving them as they had in the hands of the court. 
155.7      The court shall also keep an index in which files 
155.8   pertaining to juvenile matters shall be indexed under the name 
155.9   of the child.  After the name of each file shall be shown the 
155.10  file number and, if ordered by the court, the book and page of 
155.11  the register in which the documents pertaining to such file are 
155.12  listed.  The court shall also keep a register properly indexed 
155.13  in which shall be listed under the name of the child all 
155.14  documents filed pertaining to the child and in the order filed.  
155.15  The list shall show the name of the document and the date of 
155.16  filing thereof.  The juvenile court legal records shall be 
155.17  deposited in files and shall include the petition, summons, 
155.18  notice, findings, orders, decrees, judgments, and motions and 
155.19  such other matters as the court deems necessary and proper.  
155.20  Unless otherwise provided by law, all court records shall be 
155.21  open at all reasonable times to the inspection of any child to 
155.22  whom the records relate, and to the child's parent and guardian. 
155.23     (b) The court shall retain records of the court finding 
155.24  that a juvenile committed an act that would be a felony or gross 
155.25  misdemeanor level offense until the offender reaches the age of 
155.26  28.  If the offender commits a felony as an adult, or the court 
155.27  convicts a child as an extended jurisdiction juvenile, the court 
155.28  shall retain the juvenile records for as long as the records 
155.29  would have been retained if the offender had been an adult at 
155.30  the time of the juvenile offense.  This paragraph does not apply 
155.31  unless the juvenile was provided counsel as required by section 
155.32  260.155, subdivision 2. 
155.33     Sec. 5.  Minnesota Statutes 1996, section 260.161, 
155.34  subdivision 1a, is amended to read: 
155.35     Subd. 1a.  [RECORD OF FINDINGS.] (a) The juvenile court 
155.36  shall forward to the bureau of criminal apprehension the 
156.1   following data in juvenile petitions involving felony- or gross 
156.2   misdemeanor-level offenses: 
156.3      (1) the name and birthdate of the juvenile, including any 
156.4   of the juvenile's known aliases or street names; 
156.5      (2) the act for which the juvenile was petitioned and date 
156.6   of the offense; and 
156.7      (3) the date and county where the petition was filed. 
156.8      (b) Upon completion of the court proceedings, the court 
156.9   shall forward the court's finding and case disposition to the 
156.10  bureau.  Notwithstanding section 138.17, if the petition was 
156.11  dismissed or the juvenile was not found to have committed a 
156.12  gross misdemeanor or felony-level offense, the bureau and a 
156.13  person who received the data from the bureau shall destroy all 
156.14  data relating to the petition collected under paragraph (a).  
156.15  The bureau shall notify a person who received the data that the 
156.16  data must be destroyed. 
156.17     (c) The bureau shall retain data on a juvenile found to 
156.18  have committed a felony- or gross misdemeanor-level offense 
156.19  until the offender reaches the age of 28.  If the offender 
156.20  commits a felony violation as an adult, the bureau shall retain 
156.21  the data for as long as the data would have been retained if the 
156.22  offender had been an adult at the time of the juvenile offense.  
156.23  The court shall specify whether: 
156.24     (1) the juvenile was referred to a diversion program; 
156.25     (2) the petition was dismissed, continued for dismissal, or 
156.26  continued without adjudication; or 
156.27     (3) the juvenile was adjudicated delinquent. 
156.28     (d) (c) The juvenile court shall forward to the bureau, the 
156.29  sentencing guidelines commission, and the department of 
156.30  corrections the following data on individuals convicted as 
156.31  extended jurisdiction juveniles: 
156.32     (1) the name and birthdate of the offender, including any 
156.33  of the juvenile's known aliases or street names; 
156.34     (2) the crime committed by the offender and the date of the 
156.35  crime; 
156.36     (3) the date and county of the conviction; and 
157.1      (4) the case disposition. 
157.2      The court shall notify the bureau, the sentencing 
157.3   guidelines commission, and the department of corrections 
157.4   whenever it executes an extended jurisdiction juvenile's adult 
157.5   sentence under section 260.126, subdivision 5. 
157.6      (e) (d) The bureau, sentencing guidelines commission, and 
157.7   the department of corrections shall retain the extended 
157.8   jurisdiction juvenile data for as long as the data would have 
157.9   been retained if the offender had been an adult at the time of 
157.10  the offense.  Data retained on individuals under this 
157.11  subdivision are private data under section 13.02, except that 
157.12  extended jurisdiction juvenile data becomes public data under 
157.13  section 13.87, subdivision 2, when the juvenile court notifies 
157.14  the bureau that the individual's adult sentence has been 
157.15  executed under section 260.126, subdivision 5. 
157.16     Sec. 6.  [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO 
157.17  DISABLED.] 
157.18     Subdivision 1.  [OFFICER OR FIREFIGHTER DISABLED IN LINE OF 
157.19  DUTY.] (a) This subdivision applies when a peace officer or 
157.20  firefighter suffers a disabling injury that: 
157.21     (1) results in the officer's or firefighter's retirement or 
157.22  separation from service; 
157.23     (2) occurs while the officer or firefighter is acting in 
157.24  the course and scope of duties as a peace officer or 
157.25  firefighter; and 
157.26     (3) the officer or firefighter has been approved to receive 
157.27  the officer's or firefighter's duty-related disability pension. 
157.28     (b) The officer's or firefighter's employer shall continue 
157.29  to provide health coverage for: 
157.30     (1) the officer or firefighter; and 
157.31     (2) the officer's or firefighter's dependents if the 
157.32  officer or firefighter was receiving dependent coverage at the 
157.33  time of the injury under the employer's group health plan. 
157.34     (c) The employer is responsible for the continued payment 
157.35  of the employer's contribution for coverage of the officer or 
157.36  firefighter and, if applicable, the officer's or firefighter's 
158.1   dependents.  Coverage must continue for the officer or 
158.2   firefighter and, if applicable, the officer's or firefighter's 
158.3   dependents until the officer or firefighter reaches the age of 
158.4   65.  However, coverage for dependents does not have to be 
158.5   continued after the person is no longer a dependent.  
158.6      Subd. 2.  [OFFICER OR FIREFIGHTER KILLED IN LINE OF 
158.7   DUTY.] (a) This subdivision applies when a peace officer or 
158.8   firefighter is killed while on duty and discharging the 
158.9   officer's or firefighter's duties as a peace officer or 
158.10  firefighter. 
158.11     (b) The officer's or firefighter's employer shall continue 
158.12  to cover the deceased officer's or firefighter's dependents if 
158.13  the officer or firefighter was receiving dependent coverage at 
158.14  the time of the officer's or firefighter's death under the 
158.15  employer's group health plan. 
158.16     (c) The employer is responsible for the employer's 
158.17  contribution for the coverage of the officer's or firefighter's 
158.18  dependents.  Coverage must continue for a dependent of the 
158.19  officer or firefighter for the period of time that the person is 
158.20  a dependent up to the age of 65. 
158.21     Subd. 3.  [COORDINATION OF BENEFITS.] Health insurance 
158.22  benefits payable to the officer or firefighter and the officer's 
158.23  or firefighter's dependents from any other source provide the 
158.24  primary coverage, and coverage available under this section is 
158.25  secondary. 
158.26     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
158.27  employer subject to this section may annually apply to the 
158.28  commissioner of public safety for reimbursement of its costs of 
158.29  complying with this section.  The commissioner shall provide 
158.30  reimbursement to the public employer out of the public safety 
158.31  officer's benefit account. 
158.32     Subd. 5.  [DEFINITION.] For purposes of this section: 
158.33     (a) "Peace officer" or "officer" has the meaning given in 
158.34  section 626.84, subdivision 1, paragraph (c). 
158.35     (b) "Dependent" means a person who meets the definition of 
158.36  dependent in section 62L.02, subdivision 11, at the time of the 
159.1   officer's or firefighter's injury or death.  A person is not a 
159.2   dependent for purposes of this section during the period of time 
159.3   the person is covered under another group health plan.  
159.4      (c) "Firefighter" has the meaning given in section 424.03, 
159.5   but does not include volunteer firefighters. 
159.6      Sec. 7.  Minnesota Statutes 1996, section 299A.61, 
159.7   subdivision 1, is amended to read: 
159.8      Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
159.9   safety, in cooperation with the commissioner of administration, 
159.10  shall develop and maintain an integrated criminal alert network 
159.11  to facilitate the communication of crime prevention information 
159.12  by electronic means among state agencies, law enforcement 
159.13  officials, and the private sector.  The network shall 
159.14  disseminate data regarding the commission of crimes, including 
159.15  information on missing and endangered children, and attempt to 
159.16  reduce theft and other crime by the use of electronic 
159.17  transmission of information.  In addition, the commissioner 
159.18  shall evaluate the feasibility of using the network to 
159.19  disseminate data regarding the use of fraudulent checks and the 
159.20  coordination of security and antiterrorism efforts with the 
159.21  Federal Bureau of Investigation.  If the commissioner determines 
159.22  that one or both of these uses are feasible, the commissioner 
159.23  shall ensure that the network disseminates data in the area or 
159.24  areas determined to be feasible. 
159.25     Sec. 8.  [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 
159.26  FORCE.] 
159.27     Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
159.28  oversight council consists of the following individuals or their 
159.29  designees:  the commissioner of public safety; the commissioner 
159.30  of corrections; the superintendent of the bureau of criminal 
159.31  apprehension; the attorney general; the chief law enforcement 
159.32  officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
159.33  chief of police selected by the president of the Minnesota 
159.34  chiefs of police association; two sheriffs, one from a county in 
159.35  the seven-county metropolitan area other than Hennepin or Ramsey 
159.36  county and the other from a county outside the metropolitan 
160.1   area, both selected by the president of the Minnesota sheriffs 
160.2   association; the executive director of the Minnesota police and 
160.3   peace officers association; and the Hennepin, Ramsey, St. Louis, 
160.4   and Olmsted county sheriffs.  The council may select a chair 
160.5   from among its members. 
160.6      Subd. 2.  [STATEWIDE GANG STRATEGY.] (a) The council shall 
160.7   develop an overall strategy to eliminate the harm caused to the 
160.8   public by criminal gangs and their illegal activities within the 
160.9   state of Minnesota.  In developing the strategy, the council 
160.10  shall consult with representatives from the community services 
160.11  division of the Minnesota department of corrections and federal 
160.12  probation officers employed by the United States district court 
160.13  of Minnesota.  As far as practicable, the strategy must address 
160.14  all criminal gangs operating in the state regardless of location 
160.15  or the motivation or ethnicity of the gangs' members.  The 
160.16  strategy must address criminal gangs in both the metropolitan 
160.17  area and greater Minnesota.  The council shall consult with and 
160.18  take into account the needs of law enforcement agencies and 
160.19  prosecutorial offices in greater Minnesota in developing the 
160.20  strategy.  The strategy must target individuals or groups based 
160.21  on their criminal behavior, not their physical appearance.  The 
160.22  strategy must take into account the rights of groups and 
160.23  individuals that the strike force may target and protect against 
160.24  abuses of these rights. 
160.25     (b) In addition to developing the strategy described in 
160.26  paragraph (a), the council shall develop criteria and 
160.27  identifying characteristics for use in determining whether 
160.28  individuals are or may be members of gangs involved in criminal 
160.29  activity.  The council shall also develop procedures and 
160.30  criteria for the investigation of criminal gangs and crimes 
160.31  committed by those gangs throughout the state. 
160.32     Subd. 3.  [CRIMINAL GANG STRIKE FORCE.] The council shall 
160.33  oversee the organization and deployment of a statewide criminal 
160.34  gang strike force.  The strike force must consist of law 
160.35  enforcement officers, bureau of criminal apprehension agents, an 
160.36  assistant attorney general, and a communications and 
161.1   intelligence network.  The council shall select the members of 
161.2   the strike force who shall serve at the pleasure of the council. 
161.3   The council shall ensure that all law enforcement officers 
161.4   selected to join the strike force are licensed peace officers or 
161.5   federal law enforcement agents found by the Minnesota board of 
161.6   peace officer standards and training to have equivalent 
161.7   qualifications.  In selecting members of the strike force, the 
161.8   council shall consult with chiefs of local law enforcement 
161.9   agencies, sheriffs, and other interested parties.  The council 
161.10  shall request these individuals to recommend willing and 
161.11  experienced persons under their jurisdiction who would help the 
161.12  strike force and to permit those persons to join it.  To the 
161.13  greatest extent possible, entities contributing members to the 
161.14  strike force are encouraged to also contribute equipment and 
161.15  other support.  The council shall attempt to ensure that these 
161.16  entities do so. 
161.17     Subd. 4.  [STRIKE FORCE DUTIES.] The strike force shall 
161.18  implement the strategy developed by the council and is 
161.19  responsible for tactical decisions regarding implementation of 
161.20  the strategy.  In addition and upon request, the strike force 
161.21  shall assist and train local governmental units, law enforcement 
161.22  agencies, and prosecutors' offices in methods to identify 
161.23  criminal gangs and gang members.  To the greatest extent 
161.24  possible, the strike force shall operate as a cohesive unit 
161.25  exclusively for the purposes listed in this section.  If 
161.26  regional units are established under subdivision 7, the council 
161.27  shall ensure that the existence and operation of these units do 
161.28  not impair the overall goal of a uniform statewide strategy to 
161.29  combat crimes committed by gangs. 
161.30     Subd. 5.  [SERVICE; TRANSFERS.] To the greatest extent 
161.31  possible, members of the strike force shall serve on the force 
161.32  for the entirety of its existence.  Members continue to be 
161.33  employed by the same entity by which they were employed before 
161.34  joining the strike force.  While serving on the strike force, 
161.35  however, members are under the exclusive command of the strike 
161.36  force.  A member who desires to be transferred back to the 
162.1   position the member held before joining the strike force may 
162.2   request a transfer from the council.  The council shall approve 
162.3   and arrange for the requested transfer as soon as is 
162.4   practicable.  The person in charge of the organization from 
162.5   which the member came also may request that a member be 
162.6   transferred back.  In these instances, the council shall approve 
162.7   and arrange for the requested transfer immediately or as soon as 
162.8   is practicable.  If a member is transferred from the strike 
162.9   force, the person in charge of the organization from which the 
162.10  member came shall arrange for an experienced individual, 
162.11  acceptable to the council, to replace the transferred person on 
162.12  the strike force.  If this arrangement cannot be made, any grant 
162.13  received under section 299A.627, subdivision 1, must be repaid 
162.14  on a prorated basis. 
162.15     Subd. 6.  [COMMANDERS.] The council shall designate a 
162.16  member of the strike force to be its commander and may appoint 
162.17  an individual assigned to a regional unit established under 
162.18  subdivision 7 to be the commander of the regional unit. 
162.19     Subd. 7.  [REGIONAL UNITS.] If the council at any time 
162.20  determines that it would be more effective and efficient to have 
162.21  distinct units within the strike force concentrating on specific 
162.22  areas, it may establish regional units within the strike force 
162.23  and select their members.  If the council chooses to do so, the 
162.24  other provisions of this section still apply to the individual 
162.25  units, and the council still has the duty and authority to 
162.26  develop necessary procedures and criteria for and to oversee the 
162.27  operation of each individual unit.  The council may continue to 
162.28  alter the structure of the strike force and any units composing 
162.29  it in any way designed to further its effectiveness and to carry 
162.30  out the intent of this section. 
162.31     Subd. 8.  [ROLE OF ASSISTANT ATTORNEY GENERAL.] The 
162.32  assistant attorney general assigned to the strike force shall 
162.33  generally advise the council on any matters that the council 
162.34  deems appropriate.  The council may seek advice from other 
162.35  attorneys and, if the council decides it would be appropriate, 
162.36  may retain outside counsel.  The assistant attorney general 
163.1   shall train local prosecutors in prosecuting cases involving 
163.2   criminal gangs and in interviewing witnesses and victims and 
163.3   shall cooperate with other strike force members in developing 
163.4   and building strong cases.  
163.5      Subd. 9.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] The 
163.6   attorney general or a designee shall serve as a liaison between 
163.7   the criminal gang oversight council and the councils created in 
163.8   sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney 
163.9   general or the designee will be responsible for: 
163.10     (1) informing the councils of the criminal gang oversight 
163.11  council's plans, activities, and decisions and hearing their 
163.12  reactions to those plans, activities, and decisions; and 
163.13     (2) providing the criminal gang oversight council with 
163.14  information about the councils' position on the oversight 
163.15  council's plans, activities, and decisions. 
163.16     In no event is the criminal gang oversight council required 
163.17  to disclose the names of individuals identified by it to the 
163.18  councils referenced in this subdivision. 
163.19     Nothing in this subdivision changes the data classification 
163.20  of any data held by the oversight council. 
163.21     Subd. 10.  [REQUIRED REPORT.] By February 1 of each year, 
163.22  the council shall report to the chairs of the senate and house 
163.23  of representatives committees and divisions having jurisdiction 
163.24  over criminal justice policy and funding on the activities of 
163.25  the council and strike force. 
163.26     Sec. 9.  [299A.626] [JURISDICTION AND LIABILITY.] 
163.27     Subdivision 1.  [STATEWIDE JURISDICTION.] Law enforcement 
163.28  officers who are members of the criminal gang strike force have 
163.29  statewide jurisdiction to conduct criminal investigations and 
163.30  possess the same powers of arrest as those possessed by a 
163.31  sheriff.  
163.32     Subd. 2.  [LIABILITY AND WORKERS' COMPENSATION.] While 
163.33  operating under the scope of this section, members of the strike 
163.34  force are "employees of the state" as defined in section 3.736 
163.35  and are considered employees of the department of public safety 
163.36  for purposes of chapter 176. 
164.1      Sec. 10.  [299A.627] [GRANT PROGRAMS.] 
164.2      Subdivision 1.  [REIMBURSEMENT GRANTS AUTHORIZED.] The 
164.3   commissioner of public safety, upon recommendation of the 
164.4   council, may award grants to local law enforcement agencies, 
164.5   sheriff's offices, and other organizations that have contributed 
164.6   members to the criminal gang strike force to hire new persons to 
164.7   replace those who have joined the force.  A grant may cover a 
164.8   two-year period and reimburse the recipient for a maximum of 100 
164.9   percent of the salary of the person contributed to the strike 
164.10  force.  A recipient of a grant under this subdivision must use 
164.11  the money to hire a new person to replace the person who has 
164.12  joined the strike force, thus keeping its complement of 
164.13  employees at the same level.  The money may not be used to pay 
164.14  for equipment or uniforms. 
164.15     Subd. 2.  [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 
164.16  CRIMINAL GANGS.] (a) The commissioner of public safety, upon 
164.17  recommendation of the council, may award grants to local law 
164.18  enforcement agencies and city and county attorneys' offices to 
164.19  expand the agency's or office's capacity to successfully 
164.20  investigate and prosecute crimes committed by criminal gangs. 
164.21     (b) Grant applicants under this subdivision shall submit to 
164.22  the commissioner and the council a detailed plan describing the 
164.23  uses for which the money will be put.  The commissioner and the 
164.24  council shall evaluate grant applications and award grants in a 
164.25  manner that will best ensure positive results.  The commissioner 
164.26  may award grants to purchase necessary equipment and to develop 
164.27  or upgrade computer systems if the commissioner determines that 
164.28  those uses would best aid the recipient's attempts to combat 
164.29  criminal gangs.  The commissioner shall require recipients of 
164.30  grants to provide follow-up reports to the council detailing the 
164.31  success of the recipient in combating criminal gangs. 
164.32     (c) The commissioner shall condition grants made under this 
164.33  subdivision to require that recipients agree to cooperate with 
164.34  the council and the bureau of criminal apprehension in 
164.35  establishing and expanding the criminal gang investigative data 
164.36  system described in section 299C.091 and in implementing the 
165.1   strategy developed by the council to combat criminal gangs.  
165.2   Grant recipients must agree to provide the council and bureau 
165.3   with any requested information regarding the activities and 
165.4   characteristics of criminal gangs and gang members operating 
165.5   within their jurisdictions. 
165.6      Sec. 11.  Minnesota Statutes 1996, section 299A.63, 
165.7   subdivision 4, is amended to read: 
165.8      Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
165.9   general may assist cities and local law enforcement officials in 
165.10  developing and implementing anticrime and neighborhood community 
165.11  revitalization strategies and may assist local prosecutors in 
165.12  prosecuting crimes occurring in the targeted neighborhoods that 
165.13  receive funding under this section.  Upon request of the local 
165.14  prosecuting authority, the attorney general may appear in court 
165.15  in those civil and criminal cases arising as a result of this 
165.16  section that the attorney general deems appropriate.  For the 
165.17  purposes of this section, the attorney general may appear in 
165.18  court in nuisance actions under chapter 617, and misdemeanor 
165.19  prosecutions under chapter 609.  
165.20     (b) The attorney general shall develop may assist cities in 
165.21  developing appropriate applications to the United States 
165.22  Department of Justice for federal weed and seed grants for use 
165.23  in conjunction with grants awarded under this section. 
165.24     Sec. 12.  [299C.091] [CRIMINAL GANG INVESTIGATIVE DATA 
165.25  SYSTEM.] 
165.26     Subdivision 1.  [ESTABLISHMENT.] The bureau shall 
165.27  administer and maintain a computerized criminal gang 
165.28  investigative data system for the purpose of assisting criminal 
165.29  justice agencies in the investigation and prosecution of 
165.30  criminal activity by gang members.  The system consists of data 
165.31  on individuals whom law enforcement agencies determine are or 
165.32  may be engaged in criminal gang activity.  Notwithstanding 
165.33  section 260.161, subdivision 3, data on adults and juveniles in 
165.34  the system and data documenting an entry in the system may be 
165.35  maintained together.  Data in the system must be submitted and 
165.36  maintained as provided in this section. 
166.1      Subd. 2.  [ENTRY OF DATA INTO SYSTEM.] (a) A law 
166.2   enforcement agency may submit data on an individual to the 
166.3   criminal gang investigative data system only if the agency 
166.4   obtains and maintains the documentation required under this 
166.5   subdivision.  Documentation may include data obtained from other 
166.6   criminal justice agencies, provided that a record of all of the 
166.7   documentation required under paragraph (b) is maintained by the 
166.8   agency that submits the data to the bureau.  Data maintained by 
166.9   a law enforcement agency to document an entry in the system are 
166.10  confidential data on individuals as defined in section 13.02, 
166.11  subdivision 3, but may be released to criminal justice agencies. 
166.12     (b) A law enforcement agency may submit data on an 
166.13  individual to the bureau for inclusion in the system if the 
166.14  individual is 14 years of age or older and the agency has 
166.15  documented that: 
166.16     (1) the individual has met at least three of the criteria 
166.17  or identifying characteristics of gang membership developed by 
166.18  the criminal gang oversight council under section 299A.626 as 
166.19  required by the council; and 
166.20     (2) the individual has been convicted of a gross 
166.21  misdemeanor or felony or has been adjudicated or has a stayed 
166.22  adjudication as a juvenile for an offense that would be a gross 
166.23  misdemeanor or felony if committed by an adult. 
166.24     Subd. 3.  [CLASSIFICATION OF DATA IN SYSTEM.] Data in the 
166.25  criminal gang investigative data system are confidential data on 
166.26  individuals as defined in section 13.02, subdivision 3, but are 
166.27  accessible to law enforcement agencies and may be released to 
166.28  the criminal justice agencies. 
166.29     Subd. 4.  [AUDIT OF DATA SUBMITTED TO SYSTEM.] The bureau 
166.30  shall conduct periodic random audits of data under subdivision 2 
166.31  that documents inclusion of an individual in the criminal gang 
166.32  investigative data system for the purpose of determining the 
166.33  validity, completeness, and accuracy of data submitted to the 
166.34  system.  The bureau has access to the documenting data for 
166.35  purposes of conducting an audit. 
166.36     Subd. 5.  [REMOVAL OF DATA FROM SYSTEM.] Notwithstanding 
167.1   section 138.17, the bureau shall destroy data entered into the 
167.2   system when three years have elapsed since the data were entered 
167.3   into the system, except as otherwise provided in this 
167.4   subdivision.  If the bureau has information that the individual 
167.5   has been convicted as an adult, or has been adjudicated or has a 
167.6   stayed adjudication as a juvenile for an offense that would be a 
167.7   crime if committed by an adult, since entry of the data into the 
167.8   system, the data must be maintained until three years have 
167.9   elapsed since the last record of a conviction or adjudication or 
167.10  stayed adjudication of the individual.  Upon request of the law 
167.11  enforcement agency that submitted data to the system, the bureau 
167.12  shall destroy the data regardless of whether three years have 
167.13  elapsed since the data were entered into the system. 
167.14     Sec. 13.  Minnesota Statutes 1996, section 299C.095, is 
167.15  amended to read: 
167.16     299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 
167.17     Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
167.18  and maintain the computerized juvenile history record system 
167.19  based on section 260.161 and other statutes requiring the 
167.20  reporting of data on juveniles.  The data in the system are 
167.21  private data as defined in section 13.02, subdivision 12, but 
167.22  are accessible to criminal justice agencies as defined in 
167.23  section 13.02, subdivision 3a, to all trial courts and appellate 
167.24  courts, to a person who has access to the juvenile court records 
167.25  as provided in section 260.161 or under court rule and to 
167.26  criminal justice agencies in other states in the conduct of 
167.27  their official duties. 
167.28     (b) Except for access authorized under paragraph (a), the 
167.29  bureau shall only disseminate a juvenile adjudication history 
167.30  record in connection with a background check required by statute 
167.31  or rule and performed on a licensee, license applicant, or 
167.32  employment applicant or performed under section 624.713.  A 
167.33  consent for release of information from an individual who is the 
167.34  subject of a juvenile adjudication history is not effective and 
167.35  the bureau shall not release a juvenile adjudication history 
167.36  record and shall not release information in a manner that 
168.1   reveals the existence of the record. 
168.2      Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
168.3   the bureau shall retain juvenile history records for the time 
168.4   periods provided in this subdivision.  Notwithstanding contrary 
168.5   provisions of paragraphs (b) to (e), all data in a juvenile 
168.6   history record must be retained for the longest time period 
168.7   applicable to any item in the individual juvenile history 
168.8   record.  If, before data are destroyed under this subdivision, 
168.9   the subject of the data is convicted of a felony as an adult, 
168.10  the individual's juvenile history record must be retained for 
168.11  the same time period as an adult criminal history record. 
168.12     (b) Juvenile history data on a child who was arrested must 
168.13  be destroyed six months after the arrest if the child has not 
168.14  been referred to a diversion program and no petition has been 
168.15  filed against the child by that time. 
168.16     (c) Juvenile history data on a child against whom a 
168.17  delinquency petition was filed and subsequently dismissed must 
168.18  be destroyed upon receiving notice from the court that the 
168.19  petition was dismissed. 
168.20     (d) Juvenile history data on a child who was referred to a 
168.21  diversion program or against whom a delinquency petition has 
168.22  been filed and continued for dismissal must be destroyed when 
168.23  the child reaches age 21. 
168.24     (e) Juvenile history data on a child against whom a 
168.25  delinquency petition was filed and continued without 
168.26  adjudication, or a child who was found to have committed a 
168.27  felony or gross misdemeanor-level offense, must be destroyed 
168.28  when the child reaches age 28.  If the offender commits a felony 
168.29  violation as an adult, the bureau shall retain the data for as 
168.30  long as the data would have been retained if the offender had 
168.31  been an adult at the time of the juvenile offense. 
168.32     (f) The bureau shall retain extended jurisdiction juvenile 
168.33  data on an individual received under section 260.161, 
168.34  subdivision 1a, paragraph (c), for as long as the data would 
168.35  have been retained if the offender had been an adult at the time 
168.36  of the offense. 
169.1      (g) Data retained on individuals under this subdivision are 
169.2   private data under section 13.02, except that extended 
169.3   jurisdiction juvenile data become public data under section 
169.4   13.87, subdivision 2, when the juvenile court notifies the 
169.5   bureau that the individual's adult sentence has been executed 
169.6   under section 260.126, subdivision 5. 
169.7      (h) A person who receives data on a juvenile under 
169.8   paragraphs (b) to (e) from the bureau shall destroy the data 
169.9   according to the schedule in this subdivision.  The bureau shall 
169.10  include a notice of the destruction schedule with all data it 
169.11  disseminates on juveniles.  
169.12     Sec. 14.  Minnesota Statutes 1996, section 299C.10, 
169.13  subdivision 1, is amended to read: 
169.14     Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
169.15  made the duty of the sheriffs of the respective counties, of the 
169.16  police officers in cities of the first, second, and third 
169.17  classes, under the direction of the chiefs of police in such 
169.18  cities, and of community corrections agencies operating secure 
169.19  juvenile detention facilities to take or cause to be taken 
169.20  immediately finger and thumb prints, photographs, distinctive 
169.21  physical mark identification data, and such other identification 
169.22  data as may be requested or required by the superintendent of 
169.23  the bureau;, of all the following: 
169.24     (1) persons arrested for a felony, or gross misdemeanor, of 
169.25  all; 
169.26     (2) juveniles committing arrested for or alleged to have 
169.27  committed felonies as distinguished from those committed by 
169.28  adult offenders, of all; 
169.29     (3) persons reasonably believed by the arresting officer to 
169.30  be fugitives from justice, of all; 
169.31     (4) persons in whose possession, when arrested, are found 
169.32  concealed firearms or other dangerous weapons, burglar tools or 
169.33  outfits, high-power explosives, or articles, machines, or 
169.34  appliances usable for an unlawful purpose and reasonably 
169.35  believed by the arresting officer to be intended for such 
169.36  purposes,; and 
170.1      (5) juveniles referred by a law enforcement agency to a 
170.2   diversion program for a felony or gross misdemeanor offense. 
170.3      Within 24 hours thereafter to forward such the fingerprint 
170.4   records and other identification data specified under this 
170.5   paragraph must be forwarded to the bureau of criminal 
170.6   apprehension on such forms and in such manner as may be 
170.7   prescribed by the superintendent of the bureau of criminal 
170.8   apprehension. 
170.9      (b) Effective August 1, 1997, the identification reporting 
170.10  requirements shall also apply to persons committing arrested for 
170.11  or alleged to have committed targeted misdemeanor offenses, 
170.12  including violent and enhanceable crimes, and 
170.13  juveniles committing arrested for or alleged to have committed 
170.14  gross misdemeanors.  In addition, the reporting requirements 
170.15  shall include any known aliases or street names of the offenders.
170.16     For purposes of this section, a targeted misdemeanor is a 
170.17  misdemeanor violation of section 169.121 (driving while 
170.18  intoxicated), 518B.01 (order for protection violation), 609.224 
170.19  (fifth degree assault), 609.2242 (domestic assault), 609.746 
170.20  (interference with privacy), 609.748 (harassment or restraining 
170.21  order violation), or 617.23 (indecent exposure). 
170.22     Sec. 15.  Minnesota Statutes 1996, section 299C.10, 
170.23  subdivision 4, is amended to read: 
170.24     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
170.25  APPROPRIATION.] The superintendent shall collect a fee in an 
170.26  amount to cover the expense for each background check provided 
170.27  for a purpose not directly related to the criminal justice 
170.28  system or required by section 624.7131, 624.7132, or 624.714.  
170.29  The proceeds of the fee must be deposited in a special account.  
170.30  Until July 1, 1997, Money in the account is appropriated to the 
170.31  commissioner to maintain and improve the quality of the criminal 
170.32  record system in Minnesota. 
170.33     Sec. 16.  Minnesota Statutes 1996, section 299C.13, is 
170.34  amended to read: 
170.35     299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
170.36     Upon receipt of information data as to any arrested person, 
171.1   the bureau shall immediately ascertain whether the person 
171.2   arrested has a criminal record or is a fugitive from justice, 
171.3   and shall at once inform the arresting officer of the facts 
171.4   ascertained, including references to any adult court disposition 
171.5   data that are not in the criminal history system.  Upon 
171.6   application by any sheriff, chief of police, or other peace 
171.7   officer in the state, or by an officer of the United States or 
171.8   by an officer of another state, territory, or government duly 
171.9   authorized to receive the same and effecting reciprocal 
171.10  interchange of similar information with the division, it shall 
171.11  be the duty of the bureau to furnish all information in its 
171.12  possession pertaining to the identification of any person.  If 
171.13  the bureau has a sealed record on the arrested person, it shall 
171.14  notify the requesting peace officer of that fact and of the 
171.15  right to seek a court order to open the record for purposes of 
171.16  law enforcement.  A criminal justice agency shall be notified, 
171.17  upon request, of the existence and contents of a sealed record 
171.18  containing conviction information about an applicant for 
171.19  employment.  For purposes of this section a "criminal justice 
171.20  agency" means courts or a government agency that performs the 
171.21  administration of criminal justice under statutory authority. 
171.22     Sec. 17.  Minnesota Statutes 1996, section 299C.65, is 
171.23  amended by adding a subdivision to read: 
171.24     Subd. 5.  [REVIEW OF FUNDING REQUESTS.] The criminal and 
171.25  juvenile justice information policy group shall review the 
171.26  funding requests for criminal justice information systems from 
171.27  state, county, and municipal government agencies.  The policy 
171.28  group shall review the requests for compatibility to statewide 
171.29  criminal justice information systems.  The review shall be 
171.30  forwarded to the chairs of the house judiciary committee and 
171.31  judiciary finance division, and the chairs of the senate crime 
171.32  prevention committee and crime prevention and judiciary finance 
171.33  division. 
171.34     Sec. 18.  Minnesota Statutes 1996, section 299D.07, is 
171.35  amended to read: 
171.36     299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 
172.1      The commissioner of public safety is hereby authorized to 
172.2   retain, acquire, maintain and operate helicopters and fixed wing 
172.3   aircraft for the purposes of the highway patrol and the Bureau 
172.4   of Criminal Apprehension and for any other law enforcement 
172.5   purpose that the commissioner determines is appropriate.  The 
172.6   commissioner also is authorized to employ state patrol officer 
172.7   pilots as required. 
172.8      Sec. 19.  Minnesota Statutes 1996, section 299F.051, is 
172.9   amended to read: 
172.10     299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 
172.11  PEACE OFFICERS.] 
172.12     Subdivision 1.  [CONTENT TRAINING UNIT.] An arson training 
172.13  unit is established within the division of fire marshal to 
172.14  develop and administer arson training courses throughout the 
172.15  state for law enforcement and fire service personnel and for 
172.16  prosecutors. 
172.17     Subd. 1a.  [CURRICULUM.] The superintendent of the arson 
172.18  training unit, in consultation with the bureau of criminal 
172.19  apprehension, after consultation with the state fire marshal, 
172.20  the Minnesota peace officers officer standards and training 
172.21  board, the county attorneys association, the attorney general, 
172.22  and the state advisory council on fire service education and 
172.23  research, shall establish the content of a standardized 
172.24  curriculum to be included in the training programs which shall 
172.25  be available to firefighters and peace officers from political 
172.26  subdivisions.  The content standardized curriculum shall include 
172.27  fire scene investigation and preservation of evidence, 
172.28  interviewing of witnesses and suspects, constitutional limits on 
172.29  interrogation by sworn and nonsworn officers, and other topics 
172.30  deemed necessary to successful criminal investigation. and 
172.31  prosecution.  The training program offered to peace officers 
172.32  shall meet the applicable preservice training requirements 
172.33  established by the peace officer standards and training board 
172.34  under section 626.8456. 
172.35     Subd. 2.  [TRAINING LOCATIONS, INSTRUCTORS.] The arson 
172.36  training unit, in cooperation with the superintendent of the 
173.1   bureau of criminal apprehension, the board of peace officer 
173.2   standards and training, the county attorneys association, and 
173.3   the attorney general, shall provide courses at convenient 
173.4   locations in the state for training firefighters and, peace 
173.5   officers, and prosecutors in: 
173.6      (1) the conduct of investigations following the occurrence 
173.7   of a fire; and 
173.8      (2) the prosecution of arson cases. 
173.9      For this purpose, the superintendent arson training unit 
173.10  may use the services and employees of the bureau, the state fire 
173.11  marshal, and the attorney general.  In addition, after 
173.12  consultation with the state fire marshal, the superintendent the 
173.13  arson training unit is authorized to establish minimum 
173.14  qualifications for training course instructors, and engage 
173.15  part-time instructors necessary and proper to furnish the best 
173.16  possible instruction, subject to the limitation of funds 
173.17  appropriated and available for expenditure.  Laws 1981, chapter 
173.18  210, sections 1 to 48, shall not apply to the part-time 
173.19  instructors. 
173.20     Subd. 3.  [IN-SERVICE TRAINING.] The state fire marshal and 
173.21  the superintendent of arson training unit, in cooperation with 
173.22  the bureau of criminal apprehension, in cooperation with the 
173.23  Minnesota board of peace officer standards and training, shall 
173.24  encourage the establishment of offer in-service and refresher 
173.25  training for firefighters and peace officers through schools 
173.26  administered by the state, county, school district, 
173.27  municipality, or joint or contractual combinations thereof.  The 
173.28  in-service training courses offered for peace officers shall be 
173.29  eligible for continuing education credit from the Minnesota 
173.30  board of peace officers officer standards and training shall 
173.31  report to the governor and legislature on the progress made in 
173.32  this effort as provided in section 626.843. 
173.33     Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
173.34  state fire marshal and the superintendent of the bureau of 
173.35  criminal apprehension shall encourage the cooperation of local 
173.36  firefighters and peace officers in the investigation of 
174.1   violations of sections 609.561 to 609.576 or other crimes 
174.2   associated with reported fires in all appropriate ways, 
174.3   including the providing reimbursement of to political 
174.4   subdivisions at a rate not to exceed 50 percent of the salaries 
174.5   of peace officers and firefighters for time spent in attending 
174.6   fire investigation training courses offered by the bureau arson 
174.7   training unit.  Volunteer firefighters from a political 
174.8   subdivision shall be reimbursed at the rate of $35 per day plus 
174.9   expenses incurred in attending fire investigation training 
174.10  courses offered by the bureau arson training unit.  
174.11  Reimbursement shall be made only in the event that both a peace 
174.12  officer and a firefighter from the same political subdivision 
174.13  attend the same training course.  The reimbursement shall be 
174.14  subject to the limitation of funds appropriated and available 
174.15  for expenditure.  The state fire marshal and the superintendent 
174.16  also shall encourage local firefighters and peace officers to 
174.17  seek assistance from the arson strike force established in 
174.18  section 299F.058. 
174.19     Sec. 20.  [299F.058] [ARSON STRIKE FORCE.] 
174.20     Subdivision 1.  [ARSON STRIKE FORCE.] A multijurisdictional 
174.21  arson strike force is established to provide expert 
174.22  investigative and prosecutorial assistance to local agencies on 
174.23  request in complex or serious cases involving suspected arson. 
174.24     Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
174.25  of representatives from the following agencies and organizations:
174.26     (1) the division of fire marshal; 
174.27     (2) the bureau of criminal apprehension; 
174.28     (3) the office of attorney general; 
174.29     (4) the Minnesota county attorneys association; 
174.30     (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
174.31  United States Treasury Department; 
174.32     (6) the Minneapolis police and fire arson unit; 
174.33     (7) the St. Paul police and fire arson unit; 
174.34     (8) licensed private detectives selected by the state fire 
174.35  marshal or the attorney general or their designees; and 
174.36     (9) any other arson experts the arson strike force deems 
175.1   appropriate to include. 
175.2      The arson strike force, as necessary, may consult and work 
175.3   with representatives of property insurance agencies and 
175.4   organizations and any other private organizations that have 
175.5   expertise in arson investigations and prosecutions. 
175.6      (b) Representatives from the attorney general's office and 
175.7   the county attorneys association who are members of the arson 
175.8   strike force may assist in administering the strike force. 
175.9      (c) The strike force expires June 30, 2001. 
175.10     Subd. 3.  [INVESTIGATIVE DUTIES.] (a) The arson strike 
175.11  force shall be available on a statewide basis to assist local 
175.12  public safety agencies in investigating the following types of 
175.13  suspected arson cases: 
175.14     (1) serial fires; 
175.15     (2) multijurisdictional fires; 
175.16     (3) fires causing death or serious injury to a public 
175.17  safety officer; 
175.18     (4) fires resulting in multiple deaths or injuries; or 
175.19     (5) fires causing over $1,000,000 in damage. 
175.20     (b) The arson strike force shall establish a mechanism for 
175.21  informing local public safety agencies that it is available to 
175.22  assist in the investigation of the suspected arson cases 
175.23  described in paragraph (a). 
175.24     (c) The arson strike force shall, by means of a memorandum 
175.25  of understanding among the involved agencies, develop and 
175.26  implement a protocol for the strike force's activation and 
175.27  operation in local cases of suspected arson. 
175.28     (d) The arson strike force shall assist the arson training 
175.29  unit established in section 299F.051 in developing and 
175.30  implementing educational programs for public safety personnel on 
175.31  investigating arson cases. 
175.32     Subd. 4.  [PROSECUTION DUTIES.] (a) The arson strike force 
175.33  may identify and establish a team of prosecutors with experience 
175.34  in arson cases who will provide advice, on request, to local 
175.35  prosecutors who are prosecuting or preparing to prosecute arson 
175.36  cases.  This team shall include prosecutors from the attorney 
176.1   general's office and county prosecutors who are identified and 
176.2   selected by the county attorneys association. 
176.3      (b) The arson strike force shall assist the arson training 
176.4   unit established in section 299F.051 in developing educational 
176.5   programs and manuals to assist prosecutors in prosecuting arson 
176.6   cases. 
176.7      Sec. 21.  [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 
176.8      Subdivision 1.  [INTERVENTION NETWORK.] The state fire 
176.9   marshal shall establish a statewide juvenile firesetter 
176.10  intervention network.  The network shall include a clearinghouse 
176.11  of resources and materials to assist fire service personnel, 
176.12  schools, law enforcement agencies, and mental health 
176.13  professionals in understanding juvenile firesetting behavior and 
176.14  symptoms and intervening with juveniles who engage in the 
176.15  behavior or display the symptoms.  The state fire marshal shall 
176.16  include in the network the comprehensive, injury prevention 
176.17  education curriculum provided for in subdivision 2. 
176.18     Subd. 2.  [EDUCATIONAL CURRICULUM.] The state fire marshal 
176.19  shall ensure implementation of a comprehensive, injury 
176.20  prevention education curriculum that focuses on juvenile fire 
176.21  play intervention and injury prevention.  The curriculum shall 
176.22  be made available to schools and other interested organizations 
176.23  statewide. 
176.24     Subd. 3.  [ANNUAL TRAINING FORUM.] The state fire marshal 
176.25  shall develop strategies and plans designed to reduce the number 
176.26  of juvenile firesetting incidents.  The state fire marshal shall 
176.27  offer an annual training forum for fire service and law 
176.28  enforcement personnel and for juvenile justice, medical, 
176.29  educational, mental health, and other interested professionals 
176.30  to discuss these strategies and other issues relating to 
176.31  juvenile firesetter behavior and symptoms. 
176.32     Subd. 4.  [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 
176.33  CHILDREN.] The state fire marshal shall develop an ongoing media 
176.34  awareness campaign to instruct parents, retailers, and the 
176.35  community on the importance of keeping fire materials away from 
176.36  children and on methods for accomplishing that objective.  
177.1      Sec. 22.  Minnesota Statutes 1996, section 299F.06, 
177.2   subdivision 1, is amended to read: 
177.3      Subdivision 1.  [SUMMON WITNESSES; PRODUCE DOCUMENTARY 
177.4   EVIDENCE.] (a) In order to establish if reasonable grounds exist 
177.5   to believe that a violation of sections 609.561 to 609.576, has 
177.6   occurred, or to determine compliance with the uniform fire code 
177.7   or corrective orders issued thereunder, the state fire marshal, 
177.8   chief assistant fire marshal, and deputy state fire marshals, 
177.9   and the staff designated by the state fire marshal shall each 
177.10  have the power in any county of the state to summon and compel 
177.11  the attendance of witnesses to testify before them, or either of 
177.12  them the state fire marshal, chief assistant fire marshal, or 
177.13  deputy state fire marshals, to testify and may require the 
177.14  production of any book, paper, or document deemed 
177.15  pertinent thereto by them, or either of them.  The state fire 
177.16  marshal may also designate certain individuals from fire 
177.17  departments in cities of the first class and cities of the 
177.18  second class as having the powers set forth in this paragraph. 
177.19  These designated individuals may only exercise their powers in a 
177.20  manner prescribed by the state fire marshal.  "Fire department" 
177.21  has the meaning given in section 299F.092, subdivision 6.  
177.22  "Cities of the first class" and "cities of the second class" 
177.23  have the meanings given in section 410.01.  
177.24     (b) A summons issued under this subdivision shall be served 
177.25  in the same manner and have the same effect as subpoenas from 
177.26  district courts.  All witnesses shall receive the same 
177.27  compensation as is paid to witnesses in district courts, which 
177.28  shall be paid out of the fire marshal fund upon vouchers signed 
177.29  by the state fire marshal, chief assistant fire marshal, or 
177.30  deputy fire marshal before whom any witnesses shall have 
177.31  attended and this officer shall, at the close of the 
177.32  investigation wherein the witness was subpoenaed, certify to the 
177.33  attendance and mileage of the witness, which certificate shall 
177.34  be filed in the office of the state fire marshal.  All 
177.35  investigations held by or under the direction of the state fire 
177.36  marshal, or any subordinate, may in the state fire marshal's 
178.1   discretion be private and persons other than those required to 
178.2   be present by the provisions of this chapter may be excluded 
178.3   from the place where the investigation is held, and witnesses 
178.4   may be kept separate and apart from each other and not allowed 
178.5   to communicate with each other until they have been examined. 
178.6      Sec. 23.  Minnesota Statutes 1996, section 299F.06, 
178.7   subdivision 3, is amended to read: 
178.8      Subd. 3.  [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 
178.9   EVIDENCE.] Any witness who refuses to be sworn, or who refuses 
178.10  to testify, or who disobeys any lawful order of the state fire 
178.11  marshal, chief assistant fire marshal, or deputy state fire 
178.12  marshal in relation to the investigation, or who fails or 
178.13  refuses to produce any paper, book, or document touching any 
178.14  matter under examination, or who is guilty of any contemptuous 
178.15  conduct, after being summoned to appear before them to give 
178.16  testimony in relation to any matter or subject under examination 
178.17  or investigation may be summarily punished by the state fire 
178.18  marshal, chief assistant state fire marshal, or deputy state 
178.19  fire marshals as for contempt by a fine in a sum not exceeding 
178.20  $100 or be committed to the county jail until such time as such 
178.21  person may be willing to comply with any reasonable order made 
178.22  by the state fire marshal, chief assistant state fire marshal, 
178.23  or deputy state fire marshals, as provided in this chapter any 
178.24  district court in the same manner as if the proceedings were 
178.25  pending in that court, and subject to the provisions of section 
178.26  588.01. 
178.27     Sec. 24.  Minnesota Statutes 1996, section 326.3321, 
178.28  subdivision 1, is amended to read: 
178.29     Subdivision 1.  [EXECUTIVE DIRECTOR.] The board 
178.30  commissioner of public safety shall appoint an executive 
178.31  director to serve in the unclassified service at the pleasure of 
178.32  the board commissioner.  The executive director shall perform 
178.33  the duties as the board and commissioner shall prescribe. 
178.34     Sec. 25.  Minnesota Statutes 1996, section 326.3386, 
178.35  subdivision 3, is amended to read: 
178.36     Subd. 3.  [DESIGNATION FEE.] When a licensed private 
179.1   detective or protective agent who is a partnership or 
179.2   corporation, desires to designate a new qualified representative 
179.3   or Minnesota manager, a fee equal to one-half of the application 
179.4   license fee shall be submitted to the board. 
179.5      Sec. 26.  Minnesota Statutes 1996, section 326.3386, is 
179.6   amended by adding a subdivision to read: 
179.7      Subd. 6a.  [TRAINING COURSE CERTIFICATION FEE.] An 
179.8   applicant for training course certification, as specified in 
179.9   section 326.3361, shall pay to the board a course certification 
179.10  fee determined by the board. 
179.11     Sec. 27.  Minnesota Statutes 1996, section 326.3386, is 
179.12  amended by adding a subdivision to read: 
179.13     Subd. 6b.  [TRAINING COURSE RECERTIFICATION FEE.] An 
179.14  applicant for training course recertification shall pay to the 
179.15  board a course recertification fee determined by the board. 
179.16     Sec. 28.  Minnesota Statutes 1996, section 609.035, 
179.17  subdivision 1, is amended to read: 
179.18     Subdivision 1.  Except as provided in subdivision 
179.19  subdivisions 2, subdivision 3, and 4, and in sections 609.251, 
179.20  609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 
179.21  609.494, and 609.856, if a person's conduct constitutes more 
179.22  than one offense under the laws of this state, the person may be 
179.23  punished for only one of the offenses and a conviction or 
179.24  acquittal of any one of them is a bar to prosecution for any 
179.25  other of them.  All the offenses, if prosecuted, shall be 
179.26  included in one prosecution which shall be stated in separate 
179.27  counts. 
179.28     Sec. 29.  Minnesota Statutes 1996, section 609.035, is 
179.29  amended by adding a subdivision to read: 
179.30     Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
179.31  section 609.04, a prosecution for or conviction of a violation 
179.32  of sections 609.561 to 609.563 or 609.5641 is not a bar to 
179.33  conviction of or punishment for any other crime committed by the 
179.34  defendant as part of the same conduct when the defendant is 
179.35  shown to have violated sections 609.561 to 609.563 or 609.5641 
179.36  for the purpose of concealing any other crime. 
180.1      For purposes of the sentencing guidelines, a violation of 
180.2   sections 609.561 to 609.563 or 609.5641 is a crime against the 
180.3   person. 
180.4      Sec. 30.  Minnesota Statutes 1996, section 609.115, 
180.5   subdivision 1, is amended to read: 
180.6      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
180.7   defendant has been convicted of a misdemeanor or gross 
180.8   misdemeanor, the court may, and when the defendant has been 
180.9   convicted of a felony, the court shall, before sentence is 
180.10  imposed, cause a presentence investigation and written report to 
180.11  be made to the court concerning the defendant's individual 
180.12  characteristics, circumstances, needs, potentialities, criminal 
180.13  record and social history, the circumstances of the offense and 
180.14  the harm caused by it to others and to the community.  At the 
180.15  request of the prosecutor in a gross misdemeanor case, the court 
180.16  shall order that a presentence investigation and report be 
180.17  prepared.  The investigation shall be made by a probation 
180.18  officer of the court, if there is one; otherwise it shall be 
180.19  made by the commissioner of corrections.  The officer conducting 
180.20  the presentence or predispositional investigation shall make 
180.21  reasonable and good-faith efforts to contact and provide the 
180.22  victim with the information required under section 611A.037, 
180.23  subdivision 2.  Presentence investigations shall be conducted 
180.24  and summary hearings held upon reports and upon the sentence to 
180.25  be imposed upon the defendant in accordance with this section, 
180.26  section 244.10, and the rules of criminal procedure. 
180.27     (b) When the crime is a violation of sections 609.561 to 
180.28  609.563, 609.5641, or 609.576 and involves a fire, the report 
180.29  shall include a description of the financial and physical harm 
180.30  the offense has had on the public safety personnel who responded 
180.31  to the fire.  For purposes of this paragraph, "public safety 
180.32  personnel" means the state fire marshal; employees of the 
180.33  division of the state fire marshal; firefighters, regardless of 
180.34  whether the firefighters receive any remuneration for providing 
180.35  services; peace officers, as defined in section 626.05, 
180.36  subdivision 2; individuals providing emergency management 
181.1   services; and individuals providing emergency medical services. 
181.2      (c) When the crime is a felony violation of chapter 152 
181.3   involving the sale or distribution of a controlled substance, 
181.4   the report shall include a description of any adverse social or 
181.5   economic effects the offense has had on persons who reside in 
181.6   the neighborhood where the offense was committed. 
181.7      (d) The report shall also include the information relating 
181.8   to crime victims required under section 611A.037, subdivision 1. 
181.9   If the court directs, the report shall include an estimate of 
181.10  the prospects of the defendant's rehabilitation and 
181.11  recommendations as to the sentence which should be imposed.  In 
181.12  misdemeanor cases the report may be oral. 
181.13     (e) When a defendant has been convicted of a felony, and 
181.14  before sentencing, the court shall cause a sentencing worksheet 
181.15  to be completed to facilitate the application of the Minnesota 
181.16  sentencing guidelines.  The worksheet shall be submitted as part 
181.17  of the presentence investigation report.  
181.18     The investigation shall be made by a probation officer of 
181.19  the court, if there is one, otherwise by the commissioner of 
181.20  corrections.  The officer conducting the presentence or 
181.21  predispositional investigation shall make reasonable and good 
181.22  faith efforts to contact the victim of that crime and to provide 
181.23  that victim with the information required under section 
181.24  611A.037, subdivision 2. 
181.25     (f) When a person is convicted of a felony for which the 
181.26  sentencing guidelines presume that the defendant will be 
181.27  committed to the commissioner of corrections under an executed 
181.28  sentence and no motion for a sentencing departure has been made 
181.29  by counsel, the court may, when there is no space available in 
181.30  the local correctional facility, commit the defendant to the 
181.31  custody of the commissioner of corrections, pending completion 
181.32  of the presentence investigation and report.  When a defendant 
181.33  is convicted of a felony for which the sentencing guidelines do 
181.34  not presume that the defendant will be committed to the 
181.35  commissioner of corrections, or for which the sentencing 
181.36  guidelines presume commitment to the commissioner but counsel 
182.1   has moved for a sentencing departure, the court may commit the 
182.2   defendant to the commissioner with the consent of the 
182.3   commissioner, pending completion of the presentence 
182.4   investigation and report.  The county of commitment shall return 
182.5   the defendant to the court when the court so orders. 
182.6      Presentence investigations shall be conducted and summary 
182.7   hearings held upon reports and upon the sentence to be imposed 
182.8   upon the defendant in accordance with this section, section 
182.9   244.10, and the rules of criminal procedure. 
182.10     Sec. 31.  Minnesota Statutes 1996, section 626.843, 
182.11  subdivision 1, is amended to read: 
182.12     Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
182.13  rules with respect to: 
182.14     (a) The certification of peace officer training schools, 
182.15  programs, or courses including training schools for the 
182.16  Minnesota state patrol.  Such schools, programs and courses 
182.17  shall include those administered by the state, county, school 
182.18  district, municipality, or joint or contractual combinations 
182.19  thereof, and shall include preparatory instruction in law 
182.20  enforcement and minimum basic training courses; 
182.21     (b) Minimum courses of study, attendance requirements, and 
182.22  equipment and facilities to be required at each certified peace 
182.23  officers training school located within the state; 
182.24     (c) Minimum qualifications for instructors at certified 
182.25  peace officer training schools located within this state; 
182.26     (d) Minimum standards of physical, mental, and educational 
182.27  fitness which shall govern the recruitment and licensing of 
182.28  peace officers within the state, by any state, county, 
182.29  municipality, or joint or contractual combination thereof, 
182.30  including members of the Minnesota state patrol; 
182.31     (e) Minimum standards of conduct which would affect the 
182.32  individual's performance of duties as a peace officer; 
182.33     These standards shall be established and published.  The 
182.34  board shall review the minimum standards of conduct described in 
182.35  this paragraph for possible modification in 1998 and every three 
182.36  years after that time. 
183.1      (f) Minimum basic training which peace officers appointed 
183.2   to temporary or probationary terms shall complete before being 
183.3   eligible for permanent appointment, and the time within which 
183.4   such basic training must be completed following any such 
183.5   appointment to a temporary or probationary term; 
183.6      (g) Minimum specialized training which part-time peace 
183.7   officers shall complete in order to be eligible for continued 
183.8   employment as a part-time peace officer or permanent employment 
183.9   as a peace officer, and the time within which the specialized 
183.10  training must be completed; 
183.11     (h) Content of minimum basic training courses required of 
183.12  graduates of certified law enforcement training schools or 
183.13  programs.  Such courses shall not duplicate the content of 
183.14  certified academic or general background courses completed by a 
183.15  student but shall concentrate on practical skills deemed 
183.16  essential for a peace officer.  Successful completion of such a 
183.17  course shall be deemed satisfaction of the minimum basic 
183.18  training requirement; 
183.19     (i) Grading, reporting, attendance and other records, and 
183.20  certificates of attendance or accomplishment; 
183.21     (j) The procedures to be followed by a part-time peace 
183.22  officer for notifying the board of intent to pursue the 
183.23  specialized training for part-time peace officers who desire to 
183.24  become peace officers pursuant to clause (g), and section 
183.25  626.845, subdivision 1, clause (g); 
183.26     (k) The establishment and use by any political subdivision 
183.27  or state law enforcement agency which employs persons licensed 
183.28  by the board of procedures for investigation and resolution of 
183.29  allegations of misconduct by persons licensed by the board.  The 
183.30  procedures shall be in writing and shall be established on or 
183.31  before October 1, 1984; 
183.32     (l) The issues that must be considered by each political 
183.33  subdivision and state law enforcement agency that employs 
183.34  persons licensed by the board in establishing procedures under 
183.35  section 626.5532 to govern the conduct of peace officers who are 
183.36  in pursuit of a vehicle being operated in violation of section 
184.1   609.487, and requirements for the training of peace officers in 
184.2   conducting pursuits.  The adoption of specific procedures and 
184.3   requirements is within the authority of the political 
184.4   subdivision or agency; 
184.5      (m) Supervision of part-time peace officers and 
184.6   requirements for documentation of hours worked by a part-time 
184.7   peace officer who is on active duty.  These rules shall be 
184.8   adopted by December 31, 1993; and 
184.9      (n) Citizenship requirements for full-time and part-time 
184.10  peace officers; 
184.11     (o) Driver's license requirements for full-time and 
184.12  part-time peace officers; and 
184.13     (p) Such other matters as may be necessary consistent with 
184.14  sections 626.84 to 626.855.  Rules promulgated by the attorney 
184.15  general with respect to these matters may be continued in force 
184.16  by resolution of the board if the board finds the rules to be 
184.17  consistent with sections 626.84 to 626.855. 
184.18     Sec. 32.  [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 
184.19  ARSON AWARENESS.] 
184.20     Subdivision 1.  [TRAINING COURSE.] The board, in 
184.21  consultation with the division of fire marshal, shall prepare 
184.22  objectives for a training course to instruct peace officers in 
184.23  fire scene response and arson awareness.  
184.24     Subd. 2.  [PRESERVICE TRAINING REQUIREMENT.] An individual 
184.25  is not eligible to take the peace officer licensing examination 
184.26  after August 1, 1998, unless the individual has received the 
184.27  training described in subdivision 1. 
184.28     Sec. 33.  [AWARD FOR EXCELLENCE IN PEACE OFFICER TRAINING.] 
184.29     The board of peace officer standards and training shall 
184.30  establish an award for excellence in peace officer training to 
184.31  encourage innovation, quality, and effectiveness, and to 
184.32  recognize achievement in the area of peace officer training.  
184.33  The board may annually make awards in the categories of 
184.34  individual achievement, lifetime achievement, and organizational 
184.35  achievement.  The board shall establish standards regarding 
184.36  award eligibility and application, evaluation, and selection 
185.1   procedures. 
185.2      Sec. 34.  [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 
185.3   AGENTS TO STRIKE FORCE.] 
185.4      The superintendent of the bureau of criminal apprehension 
185.5   shall assign experienced agents to the strike force described in 
185.6   Minnesota Statutes, section 299A.625.  These agents shall 
185.7   operate exclusively for the purposes listed in Minnesota 
185.8   Statutes, section 299A.625, under the direction of the criminal 
185.9   gang oversight council. 
185.10     Sec. 35.  [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 
185.11  STRIKE FORCE.] 
185.12     The attorney general shall assign an assistant attorney 
185.13  general experienced in the prosecution of crimes committed by 
185.14  criminal gangs to the strike force described in Minnesota 
185.15  Statutes, section 299A.625.  This attorney shall operate 
185.16  exclusively for the purposes listed in Minnesota Statutes, 
185.17  section 299A.625, under the direction of the criminal gang 
185.18  oversight council. 
185.19     Sec. 36.  [REPEALER.] 
185.20     Minnesota Statutes 1996, sections 299A.01, subdivision 6; 
185.21  and 299F.07, are repealed.  Minnesota Rules, parts 7419.0100; 
185.22  7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 
185.23  7419.0700; and 7419.0800, are repealed. 
185.24     Sec. 37.  [EFFECTIVE DATE.] 
185.25     Sections 28 and 29 are effective August 1, 1997, and apply 
185.26  to offenses committed on or after that date. 
185.27                             ARTICLE 9 
185.28                            CORRECTIONS 
185.29     Section 1.  Minnesota Statutes 1996, section 144.761, 
185.30  subdivision 5, is amended to read: 
185.31     Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
185.32  "Emergency medical services personnel" means: 
185.33     (1) individuals employed to provide prehospital emergency 
185.34  medical services; 
185.35     (2) persons employed as licensed police officers under 
185.36  section 626.84, subdivision 1, who experience a significant 
186.1   exposure in the performance of their duties; 
186.2      (3) firefighters, paramedics, emergency medical 
186.3   technicians, licensed nurses, rescue squad personnel, or other 
186.4   individuals who serve as employees or volunteers of an ambulance 
186.5   service as defined by sections 144.801 to 144.8091, who provide 
186.6   prehospital emergency medical services; 
186.7      (4) crime lab personnel receiving a significant exposure 
186.8   while involved in a criminal investigation; 
186.9      (5) correctional guards, including security guards at the 
186.10  Minnesota security hospital, employed by the state or a local 
186.11  unit of government who experience employed in state and local 
186.12  correctional facilities and other employees of the state 
186.13  department of corrections, if the guard or employee experiences 
186.14  a significant exposure to an inmate who is transported to a 
186.15  facility for emergency medical care in the performance of their 
186.16  duties; and 
186.17     (6) employees at the Minnesota security hospital and the 
186.18  Minnesota sexual psychopathic personality treatment center who 
186.19  are employed by the state or a local unit of government and who 
186.20  experience a significant exposure in the performance of their 
186.21  duties; and 
186.22     (7) other persons who render emergency care or assistance 
186.23  at the scene of an emergency, or while an injured person is 
186.24  being transported to receive medical care, and who would qualify 
186.25  for immunity from liability under the good samaritan law, 
186.26  section 604A.01. 
186.27     Sec. 2.  Minnesota Statutes 1996, section 144.761, 
186.28  subdivision 7, is amended to read: 
186.29     Subd. 7.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
186.30  means: 
186.31     (1) contact, in a manner supported by contemporary 
186.32  epidemiological research as a method of HIV or hepatitis B 
186.33  transmission, of the broken skin or mucous membrane of emergency 
186.34  medical services personnel with a patient's blood, amniotic 
186.35  fluid, pericardial fluid, peritoneal fluid, pleural fluid, 
186.36  synovial fluid, cerebrospinal fluid, semen, vaginal secretions, 
187.1   or bodily fluids grossly contaminated with blood; 
187.2      (2) a needle stick, scalpel or instrument wound, or other 
187.3   wound inflicted by an object that is contaminated with blood, 
187.4   and that is capable of cutting or puncturing the skin of 
187.5   emergency medical services personnel; or 
187.6      (3) an exposure that occurs by any other method of 
187.7   transmission recognized by contemporary epidemiological 
187.8   standards as a significant exposure. 
187.9      Sec. 3.  Minnesota Statutes 1996, section 144.762, 
187.10  subdivision 2, is amended to read: 
187.11     Subd. 2.  [REQUIREMENTS FOR PROTOCOL.] The postexposure 
187.12  notification protocol must include the following: 
187.13     (1) a method for emergency medical services personnel to 
187.14  notify the facility that they may have experienced a significant 
187.15  exposure from a patient that was transported to the facility.  
187.16  The facility shall provide to the emergency medical services 
187.17  personnel a significant exposure report form to be completed by 
187.18  the emergency medical services personnel in a timely fashion; 
187.19     (2) a process to investigate and determine whether a 
187.20  significant exposure has occurred.  This investigation must be 
187.21  completed within 72 hours of receipt of the exposure report, or 
187.22  within a time period that will enable the patient to benefit 
187.23  from contemporary standards of care for reducing the risk of 
187.24  infection; 
187.25     (3) if there has been a significant exposure, a process to 
187.26  determine whether the patient has hepatitis B or HIV infection; 
187.27     (4) if the patient has an infectious disease that could be 
187.28  transmitted by the type of exposure that occurred, or, if it is 
187.29  not possible to determine what disease the patient may have, a 
187.30  process for making recommendations for appropriate counseling 
187.31  and testing to the emergency medical services personnel; 
187.32     (5) compliance with applicable state and federal laws 
187.33  relating to data practices, confidentiality, informed consent, 
187.34  and the patient bill of rights; and 
187.35     (6) a process for providing counseling for the patient to 
187.36  be tested and for the emergency medical services personnel 
188.1   filing the exposure report. 
188.2      Sec. 4.  Minnesota Statutes 1996, section 144.762, is 
188.3   amended by adding a subdivision to read: 
188.4      Subd. 2a.  [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition 
188.5   to the protocol requirements under subdivision 2, the 
188.6   postexposure notification protocol must provide a process for a 
188.7   licensed physician at the facility to conduct an immediate 
188.8   investigation into whether a significant exposure has occurred 
188.9   whenever emergency medical services personnel present themselves 
188.10  at a facility within six hours of a possible significant 
188.11  exposure.  If the investigation shows that a significant 
188.12  exposure occurred, the protocol must provide a process for 
188.13  determining whether the patient has hepatitis B or HIV infection 
188.14  by means of mandatory reporting under section 144.765, 
188.15  subdivision 2, and reporting of results under sections 144.761, 
188.16  subdivision 2, clauses (4), (5), and (6), and 144.767. 
188.17     Sec. 5.  Minnesota Statutes 1996, section 144.765, is 
188.18  amended to read: 
188.19     144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 
188.20     Subdivision 1.  [VOLUNTARY TESTING.] (a) Upon notification 
188.21  of a significant exposure, the facility shall ask the patient to 
188.22  consent to blood testing to determine the presence of the HIV 
188.23  virus or the hepatitis B virus.  The patient shall be informed 
188.24  that the test results without personally identifying information 
188.25  will be reported to the emergency medical services personnel. 
188.26     (b) The patient shall be informed of the right to refuse to 
188.27  be tested, that refusal could result in a request for a court 
188.28  order to force reporting of hepatitis B or HIV infection status, 
188.29  and that information collected through this process is for 
188.30  medical purposes and cannot be used as evidence in any criminal 
188.31  proceedings.  If the patient refuses to be tested, the patient's 
188.32  refusal will be forwarded to the emergency medical services 
188.33  agency and to the emergency medical services personnel. 
188.34     Subd. 2.  [MANDATORY REPORTING.] If a patient is subject to 
188.35  voluntary testing under section 144.762, subdivision 2a, and is 
188.36  either unavailable for immediate testing at the facility or 
189.1   refuses to submit to a blood test, the emergency medical 
189.2   services personnel employer shall locate and ask the patient to 
189.3   report and present documentation from a licensed physician of 
189.4   the patient's most recent known HIV and hepatitis B infection 
189.5   status within 24 hours.  The patient shall be informed that the 
189.6   test results without personally identifying information will be 
189.7   reported to the emergency medical services personnel.  The 
189.8   patient shall be informed that refusal could result in a request 
189.9   for a court order to force reporting, and that information 
189.10  collected through this process is for medical purposes and 
189.11  cannot be used as evidence in any criminal proceedings.  If the 
189.12  patient refuses to report, the patient's refusal will be 
189.13  forwarded to the emergency medical services personnel. 
189.14     Subd. 3.  [MANDATORY TESTING.] The right to refuse a blood 
189.15  test under the circumstances described in this section does not 
189.16  apply to a prisoner who is in the custody or under the 
189.17  jurisdiction of the commissioner of corrections or a local 
189.18  correctional authority as a result of a criminal conviction. 
189.19     Subd. 4.  [COURT ORDER.] If a patient is subject to 
189.20  mandatory reporting under subdivision 2, and either is 
189.21  unavailable for reporting to the facility or refuses to submit a 
189.22  report, the emergency medical services personnel may seek a 
189.23  court order to compel the patient to submit to reporting.  Court 
189.24  proceedings under this subdivision shall be given precedence 
189.25  over other pending matters so that the court may reach a prompt 
189.26  decision without delay.  The court shall order the patient to 
189.27  submit to reporting upon proof that:  (1) an investigation by a 
189.28  licensed physician under section 144.762, subdivision 2a, showed 
189.29  that the emergency medical services personnel experienced a 
189.30  significant exposure; and (2) the information is necessary for a 
189.31  decision about beginning, continuing, or discontinuing a medical 
189.32  intervention and will not cause undue hardship or harm to the 
189.33  health of the patient. 
189.34     Sec. 6.  Minnesota Statutes 1996, section 144.767, 
189.35  subdivision 1, is amended to read: 
189.36     Subdivision 1.  [REPORT TO EMPLOYER.] Results of tests 
190.1   conducted or reports received under this section shall be 
190.2   reported by the facility to a designated agent of the emergency 
190.3   medical services agency that employs or uses the emergency 
190.4   medical services personnel and to the emergency medical services 
190.5   personnel who report the significant exposure.  The test results 
190.6   or reports shall be reported without personally identifying 
190.7   information and may be used only for medical purposes and may 
190.8   not be used as evidence in any criminal prosecution. 
190.9      Sec. 7.  Minnesota Statutes 1996, section 241.01, 
190.10  subdivision 3a, is amended to read: 
190.11     Subd. 3a.  [COMMISSIONER, POWERS AND DUTIES.] The 
190.12  commissioner of corrections has the following powers and duties: 
190.13     (a) To accept persons committed to the commissioner by the 
190.14  courts of this state for care, custody, and rehabilitation. 
190.15     (b) To determine the place of confinement of committed 
190.16  persons in a correctional facility or other facility of the 
190.17  department of corrections and to prescribe reasonable conditions 
190.18  and rules for their employment, conduct, instruction, and 
190.19  discipline within or outside the facility.  Inmates shall not 
190.20  exercise custodial functions or have authority over other 
190.21  inmates.  Inmates may serve on the board of directors or hold an 
190.22  executive position subordinate to correctional staff in any 
190.23  corporation, private industry or educational program located on 
190.24  the grounds of, or conducted within, a state correctional 
190.25  facility with written permission from the chief executive 
190.26  officer of the facility.  
190.27     (c) To administer the money and property of the department. 
190.28     (d) To administer, maintain, and inspect all state 
190.29  correctional facilities. 
190.30     (e) To transfer authorized positions and personnel between 
190.31  state correctional facilities as necessary to properly staff 
190.32  facilities and programs. 
190.33     (f) To utilize state correctional facilities in the manner 
190.34  deemed to be most efficient and beneficial to accomplish the 
190.35  purposes of this section, but not to close the Minnesota 
190.36  correctional facility-Stillwater or the Minnesota correctional 
191.1   facility-St. Cloud without legislative approval.  The 
191.2   commissioner may place juveniles and adults at the same state 
191.3   minimum security correctional facilities, if there is total 
191.4   separation of and no regular contact between juveniles and 
191.5   adults, except contact incidental to admission, classification, 
191.6   and mental and physical health care.  
191.7      (g) To organize the department and employ personnel the 
191.8   commissioner deems necessary to discharge the functions of the 
191.9   department, including a chief executive officer for each 
191.10  facility under the commissioner's control who shall serve in the 
191.11  unclassified civil service and may, under the provisions of 
191.12  section 43A.33, be removed only for cause, and two internal 
191.13  affairs officers for security. 
191.14     (h) To define the duties of these employees and to delegate 
191.15  to them any of the commissioner's powers, duties and 
191.16  responsibilities, subject to the commissioner's control and the 
191.17  conditions the commissioner prescribes. 
191.18     (i) To annually develop a comprehensive set of goals and 
191.19  objectives designed to clearly establish the priorities of the 
191.20  department of corrections.  This report shall be submitted to 
191.21  the governor and the state legislature commencing January 1, 
191.22  1976.  The commissioner may establish ad hoc advisory committees.
191.23     Sec. 8.  Minnesota Statutes 1996, section 241.01, 
191.24  subdivision 3b, is amended to read: 
191.25     Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
191.26  department's mission that within the department's resources the 
191.27  commissioner shall endeavor to: 
191.28     (1) prevent the waste or unnecessary spending of public 
191.29  money; 
191.30     (2) use innovative fiscal and human resource practices to 
191.31  manage the state's resources and operate the department as 
191.32  efficiently as possible; 
191.33     (3) coordinate the department's activities wherever 
191.34  appropriate with the activities of other governmental agencies; 
191.35     (4) use technology where appropriate to increase agency 
191.36  productivity, improve service to the public, increase public 
192.1   access to information about government, and increase public 
192.2   participation in the business of government; 
192.3      (5) utilize constructive and cooperative labor-management 
192.4   practices to the extent otherwise required by chapters 43A and 
192.5   179A; 
192.6      (6) include specific objectives in the performance report 
192.7   required under section sections 15.91 and 241.015 to increase 
192.8   the efficiency of agency operations, when appropriate; and 
192.9      (7) recommend to the legislature, in the performance report 
192.10  of the department required under section sections 15.91 and 
192.11  241.015, appropriate changes in law necessary to carry out the 
192.12  mission of the department. 
192.13     Sec. 9.  [241.015] [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
192.14     Notwithstanding section 15.91, the department of 
192.15  corrections must issue a performance report by November 30 of 
192.16  each year.  The issuance and content of the report must conform 
192.17  with section 15.91. 
192.18     Sec. 10.  [241.277] [PILOT PROJECT WORK PROGRAM AT CAMP 
192.19  RIPLEY.] 
192.20     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
192.21  corrections shall establish a four-year pilot project work 
192.22  program at Camp Ripley.  The program must serve adult male 
192.23  nonviolent felony and gross misdemeanor offenders who are 
192.24  ordered to complete the program by courts under section 609.113. 
192.25     Subd. 2.  [REQUEST FOR PROPOSALS.] After consulting with 
192.26  and considering the advice of the association of Minnesota 
192.27  counties, the commissioner may issue a request for proposals and 
192.28  select a vendor to operate the program.  Section 16B.17 does not 
192.29  apply to the issuance of the request for proposals. 
192.30     Subd. 3.  [PROGRAM DESCRIBED.] The program must require 
192.31  offenders placed there to perform physical labor for at least 
192.32  eight hours a day either at the facility or in other locations 
192.33  in the surrounding area and must provide basic educational 
192.34  programming in the evening. 
192.35     Subd. 4.  [PROGRAM GUIDELINES.] The commissioner shall 
192.36  develop guidelines for the operation of the work program.  These 
193.1   guidelines must, at a minimum, address the nature and location 
193.2   of the physical labor required and the extent of the educational 
193.3   programming offered. 
193.4      Subd. 5.  [STATUS OF OFFENDER.] An offender sentenced to 
193.5   the work program is not committed to the commissioner of 
193.6   corrections.  Instead, the offender is under the continuing 
193.7   jurisdiction of the sentencing court.  Offenders sentenced to 
193.8   the work program are not considered incarcerated for purposes of 
193.9   computing good time or credit for time served.  
193.10     Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
193.11  court to the work program must serve a minimum of two-thirds of 
193.12  the pronounced sentence unless the offender is terminated from 
193.13  the program and remanded to the custody of the sentencing court 
193.14  as provided in subdivision 7.  The offender may be required to 
193.15  remain at the program beyond the minimum sentence for any period 
193.16  up to the full sentence if the offender violates disciplinary 
193.17  rules. 
193.18     Subd. 7.  [SANCTIONS.] The commissioner shall ensure that 
193.19  severe and meaningful sanctions are imposed for violations of 
193.20  the conditions of the work program.  The commissioner shall 
193.21  require that an offender be removed from the program and 
193.22  remanded to the custody of the sentencing court if the offender: 
193.23     (1) commits a material violation of or repeatedly fails to 
193.24  follow the rules of the program; 
193.25     (2) commits any misdemeanor, gross misdemeanor, or felony 
193.26  offense; or 
193.27     (3) presents a risk to the public, based on the offender's 
193.28  behavior, attitude, or abuse of alcohol or controlled substances.
193.29     Subd. 8.  [DISCIPLINARY RULES.] By January 1, 1998, the 
193.30  commissioner shall develop disciplinary rules applicable to the 
193.31  work program, a violation of which may result in extending an 
193.32  offender's stay at the program for any period of time up to the 
193.33  maximum sentence.  These rules may address violations of program 
193.34  rules, refusal to work, refusal to participate in the 
193.35  educational program, and other matters determined by the 
193.36  commissioner.  Extending an offender's stay shall be considered 
194.1   to be a disciplinary sanction imposed upon the offender, and the 
194.2   procedure for imposing the extension and the rights of the 
194.3   offender in the procedure shall be those in effect for the 
194.4   imposition of other disciplinary sanctions at state correctional 
194.5   institutions. 
194.6      Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
194.7   to the program must pay 25 percent of the per diem expenses for 
194.8   the offender.  The commissioner is responsible for all other 
194.9   costs associated with the placement of offenders in the program, 
194.10  including, but not limited to, the remaining per diem expenses 
194.11  and the full cost of transporting offenders to and from the 
194.12  program. 
194.13     Subd. 10.  [REPORT.] By January 15, 2002, the commissioner 
194.14  shall report to the chairs of the senate and house committees 
194.15  and divisions having jurisdiction over criminal justice policy 
194.16  and funding on this program.  The report must contain 
194.17  information on the recidivism rates for offenders sentenced to 
194.18  the program. 
194.19     Sec. 11.  Minnesota Statutes 1996, section 241.42, 
194.20  subdivision 2, is amended to read: 
194.21     Subd. 2.  "Administrative agency" or "agency" means any 
194.22  division, official, or employee of the Minnesota department of 
194.23  corrections, the commissioner of corrections, the board of 
194.24  pardons, and regional correction or detention facilities or 
194.25  agencies for correction or detention programs including those 
194.26  programs or facilities operating under chapter 401, any regional 
194.27  or local correctional facility licensed or inspected by the 
194.28  commissioner of corrections, whether public or private, 
194.29  established and operated for the detention and confinement of 
194.30  adults or juveniles, including, but not limited to, programs or 
194.31  facilities operating under chapter 401, adult halfway homes, 
194.32  group foster homes, secure juvenile detention facilities, 
194.33  juvenile residential facilities, municipal holding facilities, 
194.34  juvenile temporary holdover facilities, regional or local jails, 
194.35  lockups, work houses, work farms, and detention and treatment 
194.36  facilities, but does not include: 
195.1      (a) any court or judge; 
195.2      (b) any member of the senate or house of representatives of 
195.3   the state of Minnesota; 
195.4      (c) the governor or the governor's personal staff; 
195.5      (d) any instrumentality of the federal government of the 
195.6   United States; or 
195.7      (e) any political subdivision of the state of Minnesota; 
195.8      (f) any interstate compact. 
195.9      Sec. 12.  Minnesota Statutes 1996, section 241.44, 
195.10  subdivision 1, is amended to read: 
195.11     Subdivision 1.  [POWERS.] The ombudsman may: 
195.12     (a) prescribe the methods by which complaints are to be 
195.13  made, reviewed, and acted upon; provided, however, that the 
195.14  ombudsman may not levy a complaint fee; 
195.15     (b) determine the scope and manner of investigations to be 
195.16  made; 
195.17     (c) Except as otherwise provided, determine the form, 
195.18  frequency, and distribution of conclusions, recommendations, and 
195.19  proposals; provided, however, that the governor or a 
195.20  representative may, at any time the governor deems it necessary, 
195.21  request and receive information from the ombudsman.  Neither the 
195.22  ombudsman nor any member of the ombudsman's staff member shall 
195.23  be compelled to testify or to produce evidence in any court 
195.24  judicial or administrative proceeding with respect to any matter 
195.25  involving the exercise of the ombudsman's official duties except 
195.26  as may be necessary to enforce the provisions of sections 241.41 
195.27  to 241.45; 
195.28     (d) investigate, upon a complaint or upon personal 
195.29  initiative, any action of an administrative agency; 
195.30     (e) request and shall be given access to information in the 
195.31  possession of an administrative agency deemed necessary for the 
195.32  discharge of responsibilities; 
195.33     (f) examine the records and documents of an administrative 
195.34  agency; 
195.35     (g) enter and inspect, at any time, premises within the 
195.36  control of an administrative agency; 
196.1      (h) subpoena any person to appear, give testimony, or 
196.2   produce documentary or other evidence which the ombudsman deems 
196.3   relevant to a matter under inquiry, and may petition the 
196.4   appropriate state court to seek enforcement with the subpoena; 
196.5   provided, however, that any witness at a hearing or before an 
196.6   investigation as herein provided, shall possess the same 
196.7   privileges reserved to such a witness in the courts or under the 
196.8   laws of this state; 
196.9      (i) bring an action in an appropriate state court to 
196.10  provide the operation of the powers provided in this 
196.11  subdivision.  The ombudsman may use the services of legal 
196.12  assistance to Minnesota prisoners for legal counsel.  The 
196.13  provisions of sections 241.41 to 241.45 are in addition to other 
196.14  provisions of law under which any remedy or right of appeal or 
196.15  objection is provided for any person, or any procedure provided 
196.16  for inquiry or investigation concerning any matter. Nothing in 
196.17  sections 241.41 to 241.45 shall be construed to limit or affect 
196.18  any other remedy or right of appeal or objection nor shall it be 
196.19  deemed part of an exclusionary process; and 
196.20     (j) be present at commissioner of corrections parole and 
196.21  parole revocation hearings and deliberations. 
196.22     Sec. 13.  Minnesota Statutes 1996, section 241.44, is 
196.23  amended by adding a subdivision to read: 
196.24     Subd. 3a.  [INVESTIGATION OF ADULT LOCAL JAILS AND 
196.25  DETENTION FACILITIES.] Either the ombudsman or the department of 
196.26  corrections' jail inspection unit may investigate complaints 
196.27  involving local adult jails and detention facilities.  The 
196.28  ombudsman and department of corrections must enter into an 
196.29  arrangement with one another that ensures that they are not 
196.30  duplicating each other's services. 
196.31     Sec. 14.  [242.085] [STATE POLICY REGARDING PLACEMENT OF 
196.32  JUVENILES OUT OF STATE.] 
196.33     It is the policy of this state that delinquent juveniles be 
196.34  supervised and programmed for within the state.  Courts are 
196.35  requested, to the greatest extent possible and when in the best 
196.36  interests of the child, to place these juveniles within the 
197.1   state. 
197.2      Sec. 15.  Minnesota Statutes 1996, section 242.19, 
197.3   subdivision 3, is amended to read: 
197.4      Subd. 3.  [RETAKING ABSCONDING AND OTHER PERSON.] The 
197.5   written order of the commissioner of corrections is authority to 
197.6   any peace officer or parole or probation officer to take and 
197.7   detain any child committed to the commissioner of corrections by 
197.8   a juvenile court who absconds from field supervision or escapes 
197.9   from confinement, violates furlough conditions, or is released 
197.10  from court while on institution status.  However, if the child 
197.11  has attained the age of 18 years, the commissioner shall issue a 
197.12  warrant directed to any peace officer or parole or probation 
197.13  officer requiring that the fugitive be taken into immediate 
197.14  custody to await the further order of the commissioner.  Any 
197.15  person of the age of 18 years or older who is taken into custody 
197.16  under the provisions of this subdivision may be detained as 
197.17  provided in section 260.173, subdivision 4. 
197.18     Sec. 16.  [242.192] [CHARGES TO COUNTIES.] 
197.19     The commissioner shall charge counties or other appropriate 
197.20  jurisdictions for the actual per diem cost of confinement of 
197.21  juveniles at the Minnesota correctional facility-Red Wing.  This 
197.22  charge applies to both counties that participate in the 
197.23  community corrections act and those that do not.  The 
197.24  commissioner shall annually determine costs, making necessary 
197.25  adjustments to reflect the actual costs of confinement.  All 
197.26  money received under this section must be deposited in the state 
197.27  treasury and credited to the general fund. 
197.28     Sec. 17.  Minnesota Statutes 1996, section 242.32, is 
197.29  amended by adding a subdivision to read: 
197.30     Subd. 4.  [EXCEPTION.] This section does not apply to a 
197.31  privately operated facility licensed by the commissioner in Rock 
197.32  county, Minnesota.  Up to 32 beds constructed and operated by a 
197.33  privately operated facility licensed by the commissioner in Rock 
197.34  County, Minnesota, for long-term residential secure programming 
197.35  do not count toward the 100-bed limitation in subdivision 3. 
197.36     Sec. 18.  [243.055] [COMPUTER RESTRICTIONS.] 
198.1      Subdivision 1.  [RESTRICTIONS TO USE OF ONLINE 
198.2   SERVICES.] If the commissioner believes a significant risk 
198.3   exists that a parolee, state-supervised probationer, or 
198.4   individual on supervised release may use an Internet service or 
198.5   online service to engage in criminal activity or to associate 
198.6   with individuals who are likely to encourage the individual to 
198.7   engage in criminal activity, the commissioner may impose one or 
198.8   more of the following conditions: 
198.9      (1) prohibit the individual from possessing or using a 
198.10  computer with access to an Internet service or online service 
198.11  without the prior written approval of the commissioner; 
198.12     (2) prohibit the individual from possessing or using any 
198.13  data encryption technique or program; 
198.14     (3) require the individual to consent to periodic 
198.15  unannounced examinations of the individual's computer equipment 
198.16  by a parole or probation agent, including the retrieval and 
198.17  copying of all data from the computer and any internal or 
198.18  external peripherals and removal of such equipment to conduct a 
198.19  more thorough inspection; 
198.20     (4) require consent of the individual to have installed on 
198.21  the individual's computer, at the individual's expense, one or 
198.22  more hardware or software systems to monitor computer use; and 
198.23     (5) any other restrictions the commissioner deems necessary.
198.24     Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] If the 
198.25  commissioner believes a significant risk exists that a parolee, 
198.26  state-supervised probationer, or individual on supervised 
198.27  release may use a computer to engage in criminal activity or to 
198.28  associate with individuals who are likely to encourage the 
198.29  individual to engage in criminal activity, the commissioner may 
198.30  impose one or more of the following restrictions: 
198.31     (1) prohibit the individual from accessing through a 
198.32  computer any material, information, or data that relates to the 
198.33  activity involved in the offense for which the individual is on 
198.34  probation, parole, or supervised release; 
198.35     (2) require the individual to maintain a daily log of all 
198.36  addresses the individual accesses through computer other than 
199.1   for authorized employment and to make this log available to the 
199.2   individual's parole or probation agent; 
199.3      (3) provide all personal and business telephone records to 
199.4   the individual's parole or probation agent upon request, 
199.5   including written authorization allowing the agent to request a 
199.6   record of all of the individual's outgoing and incoming 
199.7   telephone calls from any telephone service provider; 
199.8      (4) prohibit the individual from possessing or using a 
199.9   computer that contains an internal modem and from possessing or 
199.10  using an external modem without the prior written consent of the 
199.11  commissioner; 
199.12     (5) prohibit the individual from possessing or using any 
199.13  computer, except that the individual may, with the prior 
199.14  approval of the individual's parole or probation agent, use a 
199.15  computer in connection with authorized employment; 
199.16     (6) require the individual to consent to disclosure of the 
199.17  computer-related restrictions that the commissioner has imposed 
199.18  to any employer or potential employer; and 
199.19     (7) any other restrictions the commissioner deems necessary.
199.20     Subd. 3.  [LIMITS ON RESTRICTION.] In imposing 
199.21  restrictions, the commissioner shall take into account that 
199.22  computers are used for numerous, legitimate purposes and that, 
199.23  in imposing restrictions, the least restrictive condition 
199.24  appropriate to the individual shall be used. 
199.25     Sec. 19.  [243.161] [RESIDING IN MINNESOTA WITHOUT 
199.26  PERMISSION UNDER INTERSTATE COMPACT; PENALTY.] 
199.27     Any person who is on parole or probation in another state 
199.28  who resides in this state in violation of section 243.16, may be 
199.29  sentenced to imprisonment for not more than five years or to 
199.30  payment of a fine of not more than $10,000, or both. 
199.31     Sec. 20.  Minnesota Statutes 1996, section 243.51, 
199.32  subdivision 1, is amended to read: 
199.33     Subdivision 1.  The commissioner of corrections is hereby 
199.34  authorized to contract with agencies and bureaus of the United 
199.35  States and with the proper officials of other states or a county 
199.36  of this state for the custody, care, subsistence, education, 
200.1   treatment and training of persons convicted of criminal offenses 
200.2   constituting felonies in the courts of this state, the United 
200.3   States, or other states of the United States.  Such contracts 
200.4   shall provide for reimbursing the state of Minnesota for all 
200.5   costs or other expenses involved.  Funds received under such 
200.6   contracts shall be deposited in the state treasury and are 
200.7   appropriated to the commissioner of corrections for correctional 
200.8   purposes, including capital improvements.  Any prisoner 
200.9   transferred to the state of Minnesota pursuant to this 
200.10  subdivision shall be subject to the terms and conditions of the 
200.11  prisoner's original sentence as if the prisoner were serving the 
200.12  same within the confines of the state in which the conviction 
200.13  and sentence was had or in the custody of the United States.  
200.14  Nothing herein shall deprive such inmate of the right to parole 
200.15  or the rights to legal process in the courts of this state.  
200.16     Sec. 21.  Minnesota Statutes 1996, section 243.51, 
200.17  subdivision 3, is amended to read: 
200.18     Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
200.19  corrections is authorized to contract with agencies and bureaus 
200.20  of the United States and with the appropriate officials of any 
200.21  other state or county of this state for the temporary detention 
200.22  of any person in custody pursuant to any process issued under 
200.23  the authority of the United States, other states of the United 
200.24  States, or the district courts of this state.  The contract 
200.25  shall provide for reimbursement to the state of Minnesota for 
200.26  all costs and expenses involved.  Money received under contracts 
200.27  shall be deposited in the state treasury and are appropriated to 
200.28  the commissioner of corrections for correctional purposes, 
200.29  including capital improvements. 
200.30     Sec. 22.  Minnesota Statutes 1996, section 243.51, is 
200.31  amended by adding a subdivision to read: 
200.32     Subd. 4.  [ANNUAL REPORT TO LEGISLATURE.] By February 1 of 
200.33  each year, the commissioner of corrections shall report to the 
200.34  chairs of the house and senate divisions having jurisdiction 
200.35  over criminal justice funding on money collected in the 
200.36  preceding year under contracts authorized in subdivisions 1 and 
201.1   3.  At a minimum, the report must describe: 
201.2      (1) the amount received, including a breakdown of its 
201.3   source; 
201.4      (2) the per diem charges under the contracts; and 
201.5      (3) how the money was spent. 
201.6      Sec. 23.  [243.556] [RESTRICTIONS ON INMATES' COMPUTER 
201.7   ACCESS.] 
201.8      Subdivision 1.  [RESTRICTIONS TO USE OF ONLINE 
201.9   SERVICES.] No adult inmate in a state correctional facility may 
201.10  use or have access to any Internet service or online service, 
201.11  except for work, educational, and vocational purposes approved 
201.12  by the commissioner. 
201.13     Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] The commissioner 
201.14  shall restrict inmates' computer use to legitimate work, 
201.15  educational, and vocational purposes.  
201.16     Subd. 3.  [MONITORING OF COMPUTER USE.] The commissioner 
201.17  shall monitor all computer use by inmates and perform regular 
201.18  inspections of computer equipment. 
201.19     Sec. 24.  [243.92] [CORRECTIONAL FACILITY SITE SELECTION 
201.20  COMMITTEE.] 
201.21     Subdivision 1.  [CREATION; MEMBERSHIP.] (a) An advisory 
201.22  task force is created to coordinate the site selection process 
201.23  for state correctional facilities.  The task force shall convene 
201.24  when the legislature authorizes the planning of a new 
201.25  correctional facility.  The task force, to be known as the site 
201.26  selection committee, consists of the: 
201.27     (1) commissioner of corrections or the commissioner's 
201.28  designee; 
201.29     (2) deputy commissioner of corrections who has supervision 
201.30  and control over correctional facilities; 
201.31     (3) commissioner of transportation or the commissioner's 
201.32  designee; 
201.33     (4) commissioner of administration or the commissioner's 
201.34  designee; 
201.35     (5) chairs of the senate crime prevention committee and 
201.36  crime prevention finance division and the ranking members of 
202.1   that committee and division from the minority political caucus, 
202.2   or the chairs' and ranking members' designees; and 
202.3      (6) chairs of the house judiciary committee and judiciary 
202.4   finance division and the ranking members of that committee and 
202.5   division from the minority political caucus or the chairs' and 
202.6   ranking members' designees. 
202.7      (b) The chairs of the senate crime prevention finance 
202.8   division and house judiciary finance division, or the chairs' 
202.9   designees, shall chair the committee. 
202.10     Subd. 2.  [SITE SELECTION PROCESS.] The committee shall 
202.11  develop a correctional site selection process that most 
202.12  effectively and efficiently utilizes state financial resources 
202.13  for construction of correctional facilities.  The committee may 
202.14  include such other factors as the committee considers relevant 
202.15  as criteria for the site selection process. 
202.16     Subd. 3.  [RECOMMENDATIONS.] Before recommendation of an 
202.17  individual site for a correctional facility, the committee shall 
202.18  require that all costs associated with the facility and the site 
202.19  be identified and reported, including but not limited to 
202.20  construction costs, site improvement, infrastructure upgrades, 
202.21  and operating costs for that site.  The commissioners of 
202.22  administration and corrections and any other agencies involved 
202.23  with site construction or land acquisition shall cooperate with 
202.24  the committee in supplying information described in this 
202.25  subdivision and any other information required for project 
202.26  budgets under section 16B.335. 
202.27     Subd. 4.  [REPORT.] The committee shall report its 
202.28  recommendations for the siting of correctional facilities to the 
202.29  legislature. 
202.30     Subd. 5.  [LEGISLATIVE AUTHORIZATION OF SITE.] Each site 
202.31  for a new state of Minnesota correctional facility shall be 
202.32  chosen in the law authorizing and providing funding for the 
202.33  facility. 
202.34     Subd. 6.  [STAFFING.] The committee may utilize employees 
202.35  from the legislative and executive branch entities with 
202.36  membership on the committee.  The department of administration 
203.1   shall provide administrative support. 
203.2      Sec. 25.  Minnesota Statutes 1996, section 244.05, 
203.3   subdivision 8, is amended to read: 
203.4      Subd. 8.  [CONDITIONAL MEDICAL RELEASE.] Notwithstanding 
203.5   subdivisions 4 and 5, the commissioner may order that an any 
203.6   offender be placed on conditional medical release before the 
203.7   offender's scheduled supervised release date or target release 
203.8   date if the offender suffers from a grave illness or medical 
203.9   condition and the release poses no threat to the public.  In 
203.10  making the decision to release an offender on this status, the 
203.11  commissioner must consider the offender's age and medical 
203.12  condition, the health care needs of the offender, the offender's 
203.13  custody classification and level of risk of violence, the 
203.14  appropriate level of community supervision, and alternative 
203.15  placements that may be available for the offender.  An inmate 
203.16  may not be released under this provision unless the commissioner 
203.17  has determined that the inmate's health costs are likely to be 
203.18  borne by medical assistance, Medicaid, general assistance 
203.19  medical care, veteran's benefits, or by any other federal or 
203.20  state medical assistance programs or by the inmate.  Conditional 
203.21  medical release is governed by provisions relating to supervised 
203.22  release except that it may be rescinded without hearing by the 
203.23  commissioner if the offender's medical condition improves to the 
203.24  extent that the continuation of the conditional medical release 
203.25  presents a more serious risk to the public. 
203.26     Sec. 26.  Minnesota Statutes 1996, section 244.17, 
203.27  subdivision 2, is amended to read: 
203.28     Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
203.29  challenge incarceration program to the following persons: 
203.30     (1) offenders who are committed to the commissioner's 
203.31  custody following revocation of a stayed sentence; and 
203.32     (2) offenders who are committed to the commissioner's 
203.33  custody, who have 36 48 months or less in or remaining in their 
203.34  term of imprisonment, and who did not receive a dispositional 
203.35  departure under the sentencing guidelines. 
203.36  An eligible inmate is not entitled to participate in the program.
204.1      Sec. 27.  [244.20] [PROBATION SUPERVISION.] 
204.2      Notwithstanding sections 260.311, subdivision 1, and 
204.3   609.135, subdivision 1, the department of corrections shall have 
204.4   exclusive responsibility for providing probation services for 
204.5   adult felons in counties that do not take part in the Community 
204.6   Corrections Act.  In counties that do not take part in the 
204.7   Community Corrections Act, the responsibility for providing 
204.8   probation services for individuals convicted of gross 
204.9   misdemeanor offenses shall be discharged according to local 
204.10  judicial policy. 
204.11     Sec. 28.  [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; 
204.12  REPORTS REQUIRED.] 
204.13     Subdivision 1.  [COLLECTION OF INFORMATION BY PROBATION 
204.14  SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, 
204.15  probation service providers shall begin collecting and 
204.16  maintaining information on offenders under supervision.  The 
204.17  commissioner of corrections shall specify the nature and extent 
204.18  of the information to be collected.  By April 1 of every year, 
204.19  each probation service provider shall report a summary of the 
204.20  information collected to the commissioner. 
204.21     Subd. 2.  [COMMISSIONER OF CORRECTIONS REPORT.] By January 
204.22  15, 1998, the commissioner of corrections shall report to the 
204.23  chairs of the senate crime prevention and house of 
204.24  representatives judiciary committees on recommended methods of 
204.25  coordinating the exchange of information collected on offenders 
204.26  under subdivision 1:  (1) between probation service providers; 
204.27  and (2) between probation service providers and the department 
204.28  of corrections, without requiring service providers to acquire 
204.29  uniform computer software. 
204.30     Sec. 29.  [244.22] [REVIEW OF PLANNED EXPENDITURES OF 
204.31  PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE 
204.32  PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.] 
204.33     (a) The commissioner of corrections shall review the 
204.34  planned expenditures of probation service providers before 
204.35  allocating probation caseload reduction grants appropriated by 
204.36  the legislature.  The review must determine whether the planned 
205.1   expenditures comply with applicable law. 
205.2      (b) In counties where probation services are provided by 
205.3   both county and department of corrections employees, a 
205.4   collaborative plan addressing the local needs shall be 
205.5   developed.  The commissioner of corrections shall specify the 
205.6   manner in which probation caseload reduction grant money shall 
205.7   be distributed between the providers according to the approved 
205.8   plan. 
205.9      Sec. 30.  [244.24] [CLASSIFICATION SYSTEM FOR ADULT 
205.10  OFFENDERS.] 
205.11     By February 1, 1998, all probation agencies shall adopt 
205.12  written policies for classifying adult offenders.  The 
205.13  commissioner of corrections shall assist probation agencies in 
205.14  locating organizations that may provide training and technical 
205.15  assistance to the agencies concerning methods to develop and 
205.16  implement effective, valid classification systems. 
205.17     Sec. 31.  Minnesota Statutes 1996, section 260.1735, is 
205.18  amended to read: 
205.19     260.1735 [EXTENSION OF DETENTION PERIOD.] 
205.20     Subdivision 1.  [DETENTION.] Before July 1, 1997 1999, and 
205.21  pursuant to a request from an eight-day temporary holdover 
205.22  facility, as defined in section 241.0221, the commissioner of 
205.23  corrections, or the commissioner's designee, may grant a 
205.24  one-time extension per child to the eight-day limit on detention 
205.25  under this chapter.  This extension may allow such a facility to 
205.26  detain a child for up to 30 days including weekends and 
205.27  holidays.  Upon the expiration of the extension, the child may 
205.28  not be transferred to another eight-day temporary holdover 
205.29  facility.  The commissioner shall develop criteria for granting 
205.30  extensions under this section.  These criteria must ensure that 
205.31  the child be transferred to a long-term juvenile detention 
205.32  facility as soon as such a transfer is possible.  Nothing in 
205.33  this section changes the requirements in section 260.172 
205.34  regarding the necessity of detention hearings to determine 
205.35  whether continued detention of the child is proper. 
205.36     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
206.1   48 hours may be made if the facility in which the child is 
206.2   detained is located where conditions of distance to be traveled 
206.3   or other ground transportation do not allow for court 
206.4   appearances within 24 hours. 
206.5      (b) A delay may be made if the facility is located where 
206.6   conditions of safety exist.  Time for an appearance may be 
206.7   delayed until 24 hours after the time that conditions allow for 
206.8   reasonably safe travel.  "Conditions of safety" include adverse 
206.9   life-threatening weather conditions that do not allow for 
206.10  reasonably safe travel. 
206.11     The continued detention of a child under paragraph (a) or 
206.12  (b) must be reported to the commissioner of corrections. 
206.13     Sec. 32.  Minnesota Statutes 1996, section 260.311, 
206.14  subdivision 1, is amended to read: 
206.15     Subdivision 1.  [APPOINTMENT; JOINT SERVICES; STATE 
206.16  SERVICES.] (a) If a county or group of counties has established 
206.17  a human services board pursuant to chapter 402, the district 
206.18  court may appoint one or more county probation officers as 
206.19  necessary to perform court services, and the human services 
206.20  board shall appoint persons as necessary to provide correctional 
206.21  services within the authority granted in chapter 402.  In all 
206.22  counties of more than 200,000 population, which have not 
206.23  organized pursuant to chapter 402, the district court shall 
206.24  appoint one or more persons of good character to serve as county 
206.25  probation officers during the pleasure of the court.  All other 
206.26  counties shall provide adult misdemeanant and juvenile probation 
206.27  services to district courts in one of the following ways: 
206.28     (1) the court, with the approval of the county boards, may 
206.29  appoint one or more salaried county probation officers to serve 
206.30  during the pleasure of the court; 
206.31     (2) when two or more counties offer probation services the 
206.32  district court through the county boards may appoint common 
206.33  salaried county probation officers to serve in the several 
206.34  counties; 
206.35     (3) a county or a district court may request the 
206.36  commissioner of corrections to furnish probation services in 
207.1   accordance with the provisions of this section, and the 
207.2   commissioner of corrections shall furnish such services to any 
207.3   county or court that fails to provide its own probation officer 
207.4   by one of the two procedures listed above; 
207.5      (4) if a county or district court providing probation 
207.6   services under clause (1) or (2) asks the commissioner of 
207.7   corrections or the legislative body for the state of Minnesota 
207.8   mandates the commissioner of corrections to furnish probation 
207.9   services to the district court, the probation officers and other 
207.10  employees displaced by the changeover shall be employed by the 
207.11  commissioner of corrections.  Years of service in the county 
207.12  probation department are to be given full credit for future sick 
207.13  leave and vacation accrual purposes; 
207.14     (5) all probation officers serving the juvenile courts on 
207.15  July 1, 1972, shall continue to serve in the county or counties 
207.16  they are now serving. 
207.17     (b) The commissioner of employee relations shall place 
207.18  employees transferred to state service under paragraph (a), 
207.19  clause (4), in the proper classifications in the classified 
207.20  service.  Each employee is appointed without examination at no 
207.21  loss in salary or accrued vacation or sick leave benefits, but 
207.22  no additional accrual of vacation or sick leave benefits may 
207.23  occur until the employee's total accrued vacation or sick leave 
207.24  benefits fall below the maximum permitted by the state for the 
207.25  employee's position.  An employee appointed under paragraph (a), 
207.26  clause (4), shall serve a probationary period of six months.  
207.27  After exhausting labor contract remedies, a noncertified 
207.28  employee may appeal for a hearing within ten days to the 
207.29  commissioner of employee relations, who may uphold the decision, 
207.30  extend the probation period, or certify the employee.  The 
207.31  decision of the commissioner of employee relations is final.  
207.32  The state shall negotiate with the exclusive representative for 
207.33  the bargaining unit to which the employees are transferred 
207.34  regarding their seniority.  For purposes of computing seniority 
207.35  among those employees transferring from one county unit only, a 
207.36  transferred employee retains the same seniority position as the 
208.1   employee had within that county's probation office. 
208.2      Sec. 33.  Minnesota Statutes 1996, section 401.13, is 
208.3   amended to read: 
208.4      401.13 [CHARGES MADE TO COUNTIES.] 
208.5      Each participating county will be charged a sum equal to 
208.6   the actual per diem cost of confinement of those juveniles 
208.7   committed to the commissioner after August 1, 1973, and confined 
208.8   in a state correctional facility.  Provided, however, that the 
208.9   amount charged a participating county for the costs of 
208.10  confinement shall not exceed the subsidy to which the county is 
208.11  eligible.  The commissioner shall annually determine costs 
208.12  making necessary adjustments to reflect the actual costs of 
208.13  confinement.  However, in no case shall the percentage increase 
208.14  in the amount charged to the counties exceed the percentage by 
208.15  which the appropriation for the purposes of sections 401.01 to 
208.16  401.16 was increased over the preceding biennium.  The 
208.17  commissioner of corrections shall bill the counties and deposit 
208.18  the receipts from the counties in the general fund.  All charges 
208.19  shall be a charge upon the county of commitment. 
208.20     Sec. 34.  Minnesota Statutes 1996, section 609.02, is 
208.21  amended by adding a subdivision to read: 
208.22     Subd. 15.  [PROBATION.] "Probation" means a court-ordered 
208.23  sanction imposed upon an offender for a period of supervision no 
208.24  greater than that set by statute.  It is imposed as an 
208.25  alternative to confinement or in conjunction with confinement or 
208.26  intermediate sanctions.  The purpose of probation is to deter 
208.27  further criminal behavior, punish the offender, help provide 
208.28  reparation to crime victims and their communities, and provide 
208.29  offenders with opportunities for rehabilitation. 
208.30     Sec. 35.  Minnesota Statutes 1996, section 609.15, 
208.31  subdivision 1, is amended to read: 
208.32     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
208.33  SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
208.34  (b), when separate sentences of imprisonment are imposed on a 
208.35  defendant for two or more crimes, whether charged in a single 
208.36  indictment or information or separately, or when a person who is 
209.1   under sentence of imprisonment in this state is being sentenced 
209.2   to imprisonment for another crime committed prior to or while 
209.3   subject to such former sentence, the court in the later 
209.4   sentences shall specify whether the sentences shall run 
209.5   concurrently or consecutively.  If the court does not so 
209.6   specify, the sentences shall run concurrently.  
209.7      (b) An inmate of a state prison who is convicted of 
209.8   committing an assault within the correctional facility is 
209.9   subject to the consecutive sentencing provisions of section 
209.10  609.2232. 
209.11     Sec. 36.  Minnesota Statutes 1996, section 609.2231, 
209.12  subdivision 3, is amended to read: 
209.13     Subd. 3.  [CORRECTIONAL EMPLOYEES.] Whoever assaults 
209.14  commits either of the following acts against an employee of a 
209.15  correctional facility as defined in section 241.021, subdivision 
209.16  1, clause (5), while the employee is engaged in the performance 
209.17  of a duty imposed by law, policy or rule, and inflicts 
209.18  demonstrable bodily harm, is guilty of a felony and may be 
209.19  sentenced to imprisonment for not more than two years or to 
209.20  payment of a fine of not more than $4,000, or both: 
209.21     (1) assaults the employee and inflicts demonstrable bodily 
209.22  harm; or 
209.23     (2) intentionally throws or otherwise transfers bodily 
209.24  fluids or feces at or onto the employee. 
209.25     Sec. 37.  [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 
209.26  COMMITTED BY STATE PRISON INMATES.] 
209.27     If an inmate of a state correctional facility is convicted 
209.28  of violating section 609.221, 609.222, 609.223, 609.2231, or 
209.29  609.224, while confined in the facility, the sentence imposed 
209.30  for the assault shall be executed and run consecutively to any 
209.31  unexpired portion of the offender's earlier sentence.  The 
209.32  inmate is not entitled to credit against the sentence imposed 
209.33  for the assault for time served in confinement for the earlier 
209.34  sentence.  The inmate shall serve the sentence for the assault 
209.35  in a state correctional facility even if the assault conviction 
209.36  was for a misdemeanor or gross misdemeanor. 
210.1      Sec. 38.  Minnesota Statutes 1996, section 641.12, is 
210.2   amended to read: 
210.3      641.12 [COLLECTION OF FEES AND BOARD BILLS.] 
210.4      Subdivision 1.  [FEE.] A county board may require that each 
210.5   person who is booked for confinement at a county or regional 
210.6   jail, and not released upon completion of the booking process, 
210.7   pay a fee of up to $10 to the sheriff's department of the county 
210.8   in which the jail is located.  The fee is payable immediately 
210.9   from any money then possessed by the person being booked, or any 
210.10  money deposited with the sheriff's department on the person's 
210.11  behalf.  If the person has no funds at the time of booking or 
210.12  during the period of any incarceration, the sheriff shall notify 
210.13  the district court in the county where the charges related to 
210.14  the booking are pending, and shall request the assessment of the 
210.15  fee.  Notwithstanding section 609.10 or 609.125, upon 
210.16  notification from the sheriff, the district court must order the 
210.17  fee paid to the sheriff's department as part of any sentence or 
210.18  disposition imposed.  If the person is not charged, is 
210.19  acquitted, or if the charges are dismissed, the sheriff shall 
210.20  return the fee to the person at the last known address listed in 
210.21  the booking records.  
210.22     Subd. 2.  [BOARD.] At the end of every month the sheriff of 
210.23  each county shall render to the county auditor a statement 
210.24  showing the name of each fugitive from justice, United States 
210.25  prisoner, one committed from another county or one committed by 
210.26  virtue of any city ordinance, the amount due the county for 
210.27  board of each and from whom, and also of all amounts due for 
210.28  board of prisoners for the preceding month. 
210.29     Sec. 39.  Laws 1995, chapter 226, article 3, section 60, 
210.30  subdivision 4, is amended to read: 
210.31     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
210.32  committee shall submit draft rule parts which address the 
210.33  program standards, evaluation, and auditing standards and 
210.34  procedures to the chairs of the senate crime prevention and 
210.35  house of representatives judiciary committee for review.  By 
210.36  July 31, 1997, the licensing and programming rulemaking process 
211.1   shall be completed.  By July 1, 1998, the licensing and 
211.2   programming rule draft shall be completed.  Promulgation of the 
211.3   draft rule parts, under the provision of Minnesota Statutes, 
211.4   chapter 14, shall commence immediately thereafter.  In addition, 
211.5   the commissioner of corrections and commissioner of human 
211.6   services may develop interpretive guidelines for the licensing 
211.7   and programming rule. 
211.8      Sec. 40.  Laws 1996, chapter 408, article 8, section 21, is 
211.9   amended to read:  
211.10     Sec. 21.  [TEMPORARY PROVISION; ELECTION TO RETAIN 
211.11  RETIREMENT COVERAGE.] 
211.12     (a) An employee in a position specified as qualifying under 
211.13  sections 11, 12, 14, and 15, may elect to retain coverage under 
211.14  the general employees retirement plan of the Minnesota state 
211.15  retirement system or the teachers retirement association, or may 
211.16  elect to have coverage transferred to and to contribute to the 
211.17  correctional employees retirement plan.  An employee electing to 
211.18  participate in the correctional employees retirement plan shall 
211.19  begin making contributions to the correctional plan beginning 
211.20  the first full pay period after January 1, 1997, or the first 
211.21  full pay period following filing of their election to transfer 
211.22  coverage to the correctional employees retirement plan, 
211.23  whichever is later.  The election to retain coverage or to 
211.24  transfer coverage must be made in writing by the person on a 
211.25  form prescribed by the executive director of the Minnesota state 
211.26  retirement system and must be filed with the executive director 
211.27  no later than June 30 December 31, 1997. 
211.28     (b) An employee failing to make an election by June 15, 
211.29  1997, must be notified by certified mail by the executive 
211.30  director of the Minnesota state retirement system or of the 
211.31  teachers retirement association, whichever applies, of the 
211.32  deadline to make a choice.  A person who does not submit an 
211.33  election form must continue coverage in the general employees 
211.34  retirement plan or the teachers retirement association, 
211.35  whichever applies, and forfeits all rights to transfer 
211.36  retirement coverage to the correctional employees retirement 
212.1   plan. 
212.2      (c) The election to retain coverage in the general employee 
212.3   retirement plan or the teachers retirement association or the 
212.4   election to transfer retirement coverage to the correctional 
212.5   employees retirement plan is irrevocable once it is filed with 
212.6   the executive director. 
212.7      Sec. 41.  Laws 1996, chapter 408, article 8, section 22, 
212.8   subdivision 1, is amended to read: 
212.9      Subdivision 1.  [ELECTION OF PRIOR STATE SERVICE COVERAGE.] 
212.10  (a) An employee who has future retirement coverage transferred 
212.11  to the correctional employees retirement plan under sections 11, 
212.12  12, 14, and 15, and 16, and who does not elect to retain general 
212.13  state employee retirement plan or teachers retirement 
212.14  association coverage is entitled to elect to obtain prior 
212.15  service credit for eligible state service performed on or after 
212.16  July 1, 1975, and before the first day of the first full pay 
212.17  period beginning after June 30 December 31, 1997, with the 
212.18  department of corrections or with the department of human 
212.19  services at the Minnesota security hospital or the Minnesota 
212.20  sexual psychopathic personality treatment center.  All prior 
212.21  service credit must be purchased.  
212.22     (b) Eligible state service with the department of 
212.23  corrections or with the department of human services is any 
212.24  prior period of continuous service on or after July 1, 1975, 
212.25  performed as an employee of the department of corrections or of 
212.26  the department of human services that would have been eligible 
212.27  for the correctional employees retirement plan coverage under 
212.28  sections 11, 12, 14, and 15, and 16, if that prior service had 
212.29  been performed after the first day of the first full pay period 
212.30  beginning after December 31, 1996, rather than before that 
212.31  date.  Service is continuous if there has been no period of 
212.32  discontinuation of eligible state service for a period greater 
212.33  than 180 calendar days. 
212.34     (c) The department of corrections or the department of 
212.35  human services, whichever applies, shall certify eligible state 
212.36  service to the executive director of the Minnesota state 
213.1   retirement system. 
213.2      (d) A covered correctional plan employee employed on 
213.3   January 1, 1997, who has past service in a job classification 
213.4   covered under section 11, 12, 14, or 15, or 16, on January 1, 
213.5   1997, is entitled to purchase the past service if the applicable 
213.6   department certifies that the employee met the eligibility 
213.7   requirements for coverage.  The employee must make the 
213.8   additional employee contributions under section 17.  Payments 
213.9   for past service must be completed by June 30, 1999. 
213.10     Sec. 42.  Laws 1996, chapter 408, article 8, section 24, is 
213.11  amended to read: 
213.12     Sec. 24.  [EARLY RETIREMENT INCENTIVE.] 
213.13     This section applies to an employee who has future 
213.14  retirement coverage transferred to the correctional employee 
213.15  retirement plan under sections 11, 12, 14, and 15, and 16, and 
213.16  who is at least 55 years old on the effective date of sections 
213.17  11, 12, 14, and 15, and 16.  That employee may participate in a 
213.18  health insurance early retirement incentive available under the 
213.19  terms of a collective bargaining agreement in effect on the day 
213.20  before the effective date of sections 11, 12, 14, and 15, and 
213.21  16, notwithstanding any provision of the collective bargaining 
213.22  agreement that limits participation to persons who select the 
213.23  option during the payroll period in which their 55th birthday 
213.24  occurs.  A person selecting the health insurance early 
213.25  retirement incentive under this section must retire by the later 
213.26  of December 31, 1997 June 30, 1998, or within the pay period 
213.27  following the time at which the person has at least three years 
213.28  of covered correctional service, including any purchased service 
213.29  credit.  An employee meeting this criteria who wishes to extend 
213.30  the person's employment must do so under Minnesota Statutes, 
213.31  section 43A.34, subdivision 3. 
213.32     Sec. 43.  [OPERATION OF SAUK CENTRE AS A JUVENILE FACILITY 
213.33  ENDED.] 
213.34     (a) After December 30, 1998, the Minnesota correctional 
213.35  facility-Sauk Centre may no longer confine juvenile male 
213.36  offenders who are committed to the commissioner's custody.  By 
214.1   January 1, 1999, male juvenile offenders who are committed to 
214.2   the commissioner's custody must be transferred from Sauk Centre 
214.3   to the Minnesota correctional facility-Red Wing, or upon order 
214.4   of the juvenile court, to an appropriate county placement, 
214.5   notwithstanding Minnesota Statutes, section 260.185. 
214.6      (b) After December 30, 1998, the commissioner of 
214.7   corrections may operate the facility in any manner not 
214.8   inconsistent with this section. 
214.9      Sec. 44.  [JUVENILE SEX OFFENDER TREATMENT PROGRAM.] 
214.10     By January 1, 1999, the commissioner of corrections shall 
214.11  begin operating a juvenile sex offender treatment program at the 
214.12  Minnesota correctional facility-Red Wing. 
214.13     Sec. 45.  [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL 
214.14  FACILITY-RED WING.] 
214.15     (a) By January 1, 1999, the commissioner of corrections 
214.16  shall develop admissions criteria for the placement of juveniles 
214.17  at the Minnesota correctional facility-Red Wing.  In developing 
214.18  these criteria, the commissioner shall seek and consider the 
214.19  advice of county representatives.  These criteria must ensure 
214.20  that juveniles who commit less serious offenses or who do not 
214.21  need the type of supervision and programming available at Red 
214.22  Wing are not placed there.  These criteria must ensure that to 
214.23  the greatest extent possible, juveniles are supervised and 
214.24  programmed for in the community in which they live or whose 
214.25  jurisdiction they are under. 
214.26     (b) By February 15, 1998, the commissioner shall report to 
214.27  the chairs of the senate crime prevention and judiciary budget 
214.28  division and the house judiciary finance division on the 
214.29  development of the criteria required under paragraph (a).  The 
214.30  report must include draft admissions criteria. 
214.31     Sec. 46.  [PLAN FOR CONTINUED OPERATION OF SAUK CENTRE 
214.32  FACILITY.] 
214.33     By January 15, 1998, the commissioner of corrections shall 
214.34  report to the chairs of the house and senate committees and 
214.35  divisions having jurisdiction over criminal justice policy and 
214.36  funding on issues related to the Minnesota correctional 
215.1   facility-Sauk Centre.  The report must include a detailed plan 
215.2   describing how the commissioner proposes to use the facility 
215.3   after it ceases to be a juvenile facility for male offenders and 
215.4   the costs associated with operating the facility in the manner 
215.5   proposed.  
215.6      Sec. 47.  [JUVENILE PLACEMENT STUDY.] 
215.7      The legislative audit commission is requested to direct the 
215.8   legislative auditor to conduct a study of the placement of 
215.9   juvenile offenders.  The study shall include: 
215.10     (1) an evaluation of existing placements for juvenile 
215.11  offenders, including, but not limited to, the number of beds at 
215.12  each facility, the average number of beds occupied each day at 
215.13  each facility, the location of each facility, and the type of 
215.14  programming offered at each facility; 
215.15     (2) an estimate of the projected need for additional 
215.16  placements for juvenile offenders, including the locations where 
215.17  beds will be needed; 
215.18     (3) an examination of the per diem components per offender 
215.19  at state, local, and private facilities providing placements for 
215.20  juvenile offenders; 
215.21     (4) an assessment of how to best meet treatment needs for 
215.22  juvenile sex offenders, chemically dependent juveniles, and 
215.23  female offenders; 
215.24     (5) an evaluation of available federal funding for 
215.25  placement of juvenile offenders; 
215.26     (6) an evaluation of the strengths and weaknesses of state, 
215.27  regional, and private facilities; and 
215.28     (7) any other issues that may affect juvenile placements. 
215.29     If the commission directs the auditor to conduct this 
215.30  study, the auditor shall report findings to the chairs of the 
215.31  house and senate committees and divisions with jurisdiction over 
215.32  criminal justice policy and funding issued by January 15, 1998. 
215.33     Sec. 48.  [PROBATION OUTCOME MEASUREMENT WORK GROUP.] 
215.34     Subdivision 1.  [WORK GROUP ESTABLISHED; PURPOSE.] The 
215.35  commissioner of corrections shall establish a work group to 
215.36  develop uniform statewide probation outcome measures.  The 
216.1   outcome measures must focus primarily on adult offenders but, to 
216.2   the extent possible, may also address juvenile offenders.  The 
216.3   work group shall develop definitions that may be used by all 
216.4   state and local probation service providers to report outcome 
216.5   information for probation services.  The work group shall 
216.6   recommend a method by which probation service providers may 
216.7   measure and report recidivism of adult felons in a uniform 
216.8   manner. 
216.9      Subd. 2.  [MEMBERSHIP.] The commissioner of corrections 
216.10  shall appoint individuals who have demonstrated experience in 
216.11  the probation field to serve as members of the work group.  The 
216.12  commissioner shall ensure that community corrections act 
216.13  counties and noncommunity corrections act counties are equally 
216.14  represented on the work group.  The commissioner, or the 
216.15  commissioner's designee, shall serve on the work group and act 
216.16  as its chair. 
216.17     Subd. 3.  [REVIEW OF OUTCOME MEASURES.] By November 1, 
216.18  1997, the work group shall submit its recommendations on outcome 
216.19  measures to the criminal and juvenile justice information policy 
216.20  group for review. 
216.21     Subd. 4.  [REPORT REQUIRED.] The work group shall report 
216.22  its findings and recommendations to the chairs of the senate and 
216.23  house of representatives committees having jurisdiction over 
216.24  criminal justice policy by January 15, 1998.  The report must 
216.25  indicate what comments or modifications, if any, were made or 
216.26  suggested by the criminal and juvenile justice information 
216.27  policy group and whether the work group altered its 
216.28  recommendations because of this. 
216.29     Sec. 49.  [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE 
216.30  REPORT.] 
216.31     The department of corrections must include in its agency 
216.32  performance report for the year 2000 a summary of statewide 
216.33  information on the reoffense rates of adult felons on probation. 
216.34     Sec. 50.  [AMENDMENT TO RULES DIRECTED.] 
216.35     By July 1, 1998, the department of corrections shall amend 
216.36  Minnesota Rules, part 2940.3500, subpart 2, to require that a 
217.1   revocation hearing occur within 12 working days of the 
217.2   releasee's availability to the department.  This amendment must 
217.3   be done in the manner specified in Minnesota Statutes, section 
217.4   14.388, under authority of clause (3) of that section.  This 
217.5   section does not restrict a hearing officer's authority to grant 
217.6   a continuance. 
217.7      Sec. 51.  [INSTRUCTION TO REVISOR.] 
217.8      The revisor of statutes shall renumber Minnesota Statutes, 
217.9   section 260.311, as 244.19.  The revisor shall also make 
217.10  necessary cross-reference changes consistent with the 
217.11  renumbering. 
217.12     Sec. 52.  [REPEALER.] 
217.13     Minnesota Statutes 1996, section 244.06, is repealed. 
217.14     Sec. 53.  [EFFECTIVE DATES.] 
217.15     Sections 15, 19, and 35 to 37 are effective August 1, 1997, 
217.16  and apply to crimes committed on or after that date.  Sections 
217.17  16 and 33 are effective January 1, 1999.  Sections 27, 29, 30, 
217.18  32, 34, and 43 to 48 are effective the day following final 
217.19  enactment.  Section 28 is effective January 1, 1998. 
217.20                             ARTICLE 10 
217.21               DOMESTIC ABUSE PERPETRATED BY A MINOR 
217.22     Section 1.  [PILOT PROGRAM.] 
217.23     Actions under sections 2 to 26 are limited to a pilot 
217.24  program in the 4th judicial district for the period June 1, 
217.25  1998, through July 31, 1999.  At the conclusion of the pilot 
217.26  period, the 4th judicial district shall report to the 
217.27  legislature on the number of petitions filed under sections 2 to 
217.28  26, the relationship of the parties, and the disposition of each 
217.29  petition. 
217.30     Sec. 2.  [DEFINITIONS.] 
217.31     Subdivision 1.  [SCOPE.] The definitions in this section 
217.32  apply to sections 2 to 26. 
217.33     Subd. 2.  [ALTERNATIVE SAFE LIVING ARRANGEMENT.] 
217.34  "Alternative safe living arrangement" means a living arrangement 
217.35  for a minor respondent proposed by a petitioning parent or 
217.36  guardian if a court excludes the minor from the parent's or 
218.1   guardian's home under sections 2 to 26, that is separate from 
218.2   the victim of domestic abuse and safe for the minor respondent.  
218.3   A living arrangement proposed by a petitioning parent or 
218.4   guardian is presumed to be an alternative safe living 
218.5   arrangement absent information to the contrary presented to the 
218.6   court.  In evaluating any proposed living arrangement, the court 
218.7   shall consider whether the arrangement provides the minor 
218.8   respondent with necessary food, clothing, shelter, and education 
218.9   in a safe environment.  Any proposed living arrangement that 
218.10  would place the minor respondent in the care of an adult who has 
218.11  been physically or sexually violent is presumed unsafe.  
218.12  Minnesota Statutes, sections 245A.01 to 245A.16, do not apply to 
218.13  an alternative safe living arrangement.  
218.14     Subd. 3.  [DOMESTIC ABUSE PERPETRATED BY A MINOR.] 
218.15  "Domestic abuse perpetrated by a minor" means any of the 
218.16  following if committed against a family or household member by a 
218.17  family or household member who is a minor: 
218.18     (1) physical harm, bodily injury, or assault; 
218.19     (2) infliction of fear of imminent physical harm, bodily 
218.20  injury, or assault; or 
218.21     (3) terroristic threats, within the meaning of Minnesota 
218.22  Statutes, section 609.713, subdivision 1, or criminal sexual 
218.23  conduct, within the meaning of Minnesota Statutes, section 
218.24  609.342, 609.343, 609.344, or 609.345.  
218.25     Subd. 4.  [FAMILY OR HOUSEHOLD MEMBER.] "Family or 
218.26  household member" of a person means: 
218.27     (1) the person's spouse; 
218.28     (2) the person's former spouse; 
218.29     (3) the person's parent; 
218.30     (4) the person's child; 
218.31     (5) a person related by blood to the person; 
218.32     (6) a person who is presently residing with the person or 
218.33  who has resided with the person in the past; 
218.34     (7) a person who has a child in common with the person 
218.35  regardless of whether they have been married or have lived 
218.36  together at any time; 
219.1      (8) two persons if one is pregnant and the other is alleged 
219.2   to be the father, regardless of whether they have been married 
219.3   or have lived together at any time; and 
219.4      (9) a person involved with the person in a significant 
219.5   romantic or sexual relationship. 
219.6      Issuance of an order for protection/minor respondent in the 
219.7   situation described in clause (8) does not affect a 
219.8   determination of paternity under Minnesota Statutes, sections 
219.9   257.51 to 257.74.  
219.10     Subd. 5.  [MINOR.] "Minor" means a person under the age of 
219.11  18. 
219.12     Sec. 3.  [COURT JURISDICTION.] 
219.13     An application for relief under sections 2 to 26 may be 
219.14  filed in district court in the county of residence of either 
219.15  party or in the county in which the alleged domestic abuse 
219.16  occurred.  In a jurisdiction that uses referees in dissolution 
219.17  actions or juvenile court, the court or judge may refer actions 
219.18  under this section to a referee to take and report the evidence 
219.19  in the action in the same manner and subject to the same 
219.20  limitations as provided in Minnesota Statutes, section 518.13.  
219.21  Actions under sections 2 to 26 must be given docket priority by 
219.22  the court. 
219.23     Sec. 4.  [FILING FEE.] 
219.24     The filing fees for an order for protection/minor 
219.25  respondent under section 7 are waived for the petitioner.  The 
219.26  court administrator and the sheriff of any county in this state 
219.27  shall perform their duties relating to service of process 
219.28  without charge to the petitioner.  The court shall direct 
219.29  payment of the reasonable costs of service of process by a 
219.30  private process server if the sheriff is unavailable or if 
219.31  service is made by publication, without requiring the petitioner 
219.32  to make application under Minnesota Statutes, section 563.01.  
219.33     Sec. 5.  [INFORMATION ON PETITIONER'S LOCATION OR 
219.34  RESIDENCE.] 
219.35     Upon the petitioner's request, information maintained by a 
219.36  court regarding the petitioner's location or residence is not 
220.1   accessible to the public and may be disclosed only to court or 
220.2   law enforcement personnel for purposes of service of process, 
220.3   conducting an investigation, or enforcing an order. 
220.4      Sec. 6.  [RULES.] 
220.5      Actions under sections 2 to 26 are governed by the 
220.6   Minnesota Rules of Civil Procedure except as otherwise provided. 
220.7      Sec. 7.  [ORDER FOR PROTECTION/MINOR RESPONDENT.] 
220.8      Subdivision 1.  [NAME OF ACTION.] There is an action known 
220.9   as a petition for an order for protection/minor respondent in 
220.10  cases of domestic abuse perpetrated by a minor.  
220.11     Subd. 2.  [ELIGIBLE PETITIONER.] A petition for relief 
220.12  under sections 2 to 26 may be made by an adult family or 
220.13  household member personally or by a guardian as defined in 
220.14  Minnesota Statutes, section 524.1-201, clause (20), or, if the 
220.15  court finds that it is in the best interests of the minor, by a 
220.16  reputable adult who is at least 25 years old on behalf of a 
220.17  minor family or household member.  A minor who is at least 16 
220.18  years old may make a petition on the minor's own behalf against 
220.19  a spouse or former spouse who is a minor or another minor with 
220.20  whom the minor petitioner has a child in common if the court 
220.21  determines that the minor has sufficient maturity and judgment 
220.22  and that it is in the best interests of the minor. 
220.23     Subd. 3.  [CONTENTS OF PETITION.] (a) A petition for relief 
220.24  must allege the existence of domestic abuse perpetrated by a 
220.25  minor and be accompanied by a sworn affidavit stating the 
220.26  specific facts and circumstances from which relief is sought.  
220.27     (b) A petition for relief must state whether the petitioner 
220.28  has ever had an order for protection in effect against the minor 
220.29  respondent. 
220.30     (c) A petition for relief must state whether there is an 
220.31  existing order for protection in effect under sections 2 to 26 
220.32  or under Minnesota Statutes, chapter 518B, governing both the 
220.33  parties and whether there is a pending lawsuit, complaint, 
220.34  petition, or other action between the parties under Minnesota 
220.35  Statutes, chapter 257, 260, 518, 518A, 518B, or 518C.  
220.36     Subd. 4.  [OTHER ORDERS OR ACTIONS.] The court 
221.1   administrator shall verify the terms of any existing order 
221.2   governing the parties.  The court may not delay granting relief 
221.3   because of the existence of a pending action between the parties 
221.4   or the necessity of verifying the terms of an existing order.  A 
221.5   subsequent order in a separate action under sections 2 to 26 may 
221.6   modify only the provision of an existing order that grants 
221.7   relief authorized under section 10, paragraph (a), clause (1).  
221.8   A petition for relief may be granted whether or not there is a 
221.9   pending action between the parties.  
221.10     Subd. 5.  [SIMPLIFIED FORMS.] The court shall provide 
221.11  simplified forms and clerical assistance to help with the 
221.12  writing and filing of a petition under sections 2 to 26.  
221.13     Subd. 6.  [ADVICE ON RESTITUTION.] The court shall advise a 
221.14  petitioner of the right to seek restitution under the petition 
221.15  for relief. 
221.16     Sec. 8.  [HEARING ON APPLICATION; PROCEDURE AND NOTICE.] 
221.17     Subdivision 1.  [HEARING DATE.] Upon receipt of a petition 
221.18  under sections 2 to 26, the court shall order a hearing to be 
221.19  held not later than 14 days from the date of the order.  If an 
221.20  ex parte order has been issued under section 12, the time 
221.21  periods for holding a hearing under that section apply.  
221.22     Subd. 2.  [SERVICE.] If an ex parte order has been issued 
221.23  under section 12 and an order for immediate custody has been 
221.24  issued under sections 2 to 26 and Minnesota Statutes, chapter 
221.25  260, personal service upon the minor respondent must be made by 
221.26  the county sheriff or police when the order for immediate 
221.27  custody is executed.  In all other cases, personal service of 
221.28  the petition and order must be made upon the minor respondent 
221.29  not less than five days before the hearing.  Service must also 
221.30  be made upon the minor respondent by mailing a copy of the 
221.31  petition and order to the minor respondent's last known 
221.32  address.  Service is complete upon personal receipt by the minor 
221.33  respondent or three days after the mailing.  The court shall 
221.34  have notice of the pendency of the case and of the time and 
221.35  place of the hearing served by mail at the last known address 
221.36  upon any parent or guardian of the minor respondent who is not 
222.1   the petitioner.  
222.2      Subd. 3.  [CLOSED HEARING.] Upon request of either party 
222.3   and for good cause shown, the court may close the hearing to the 
222.4   public and close the records to public inspection. 
222.5      Subd. 4.  [DOMESTIC ABUSE ADVOCATES.] In all proceedings 
222.6   under sections 2 to 26, domestic abuse advocates must be allowed 
222.7   to attend and to sit at the counsel table, confer with the 
222.8   petitioner, and at the judge's discretion, address the court.  
222.9   Court administrators shall allow domestic abuse advocates to 
222.10  assist victims of domestic abuse perpetrated by a minor in the 
222.11  preparation of petitions for orders for protection/minor 
222.12  respondents.  While assisting victims of domestic violence under 
222.13  this subdivision, domestic abuse advocates are not engaged in 
222.14  the unauthorized practice of law. 
222.15     Sec. 9.  [GUARDIAN AD LITEM.] 
222.16     (a) If the petitioner requests that the minor respondent be 
222.17  removed from the minor respondent's parent's home, the court 
222.18  shall appoint a guardian ad litem on behalf of the minor 
222.19  respondent for the limited purpose of assuring that the minor 
222.20  respondent is placed in an alternative safe living arrangement.  
222.21  The guardian ad litem's limited responsibilities are conducting 
222.22  an interview to obtain the minor respondent's views on any 
222.23  proposed alternative safe living arrangements, reviewing any 
222.24  proposed alternative safe living arrangements, and appearing at 
222.25  the hearing on the order for protection/minor respondent.  It is 
222.26  not within the responsibilities of the guardian ad litem to 
222.27  assess or comment upon whether domestic abuse occurred. 
222.28     (b) In any other case brought under sections 2 to 26, the 
222.29  court may appoint a guardian ad litem if it appears to the court 
222.30  that the minor lacks the maturity to understand the proceedings. 
222.31     (c) The guardian ad litem may not be held civilly or 
222.32  criminally liable for any act or failure to act under sections 2 
222.33  to 26.  
222.34     Sec. 10.  [RELIEF BY THE COURT.] 
222.35     (a) Upon notice and hearing, the court may provide relief 
222.36  as follows: 
223.1      (1) restrain the abusing party from committing acts of 
223.2   domestic abuse; 
223.3      (2) exclude the abusing party from the dwelling which the 
223.4   parties share or from the residence of the petitioner; 
223.5      (3) if the court excludes a minor respondent from the minor 
223.6   respondent's parent's home, and the parent or guardian is either 
223.7   unable or unwilling to provide an alternative safe living 
223.8   arrangement for the minor respondent, the court may find that 
223.9   there are reasonable grounds to believe that the minor 
223.10  respondent's safety and well-being are endangered because of the 
223.11  exclusion and the parent's or guardian's unwillingness or 
223.12  inability to provide an alternative living arrangement, in which 
223.13  case the court may order, by endorsement upon the petition, that 
223.14  a peace officer shall take the minor respondent into immediate 
223.15  custody under Minnesota Statutes, section 260.165, subdivision 
223.16  1; 
223.17     (4) exclude the abusing party from a specifically described 
223.18  reasonable area surrounding the dwelling or residence; 
223.19     (5) award temporary custody or establish temporary 
223.20  visitation with regard to minor children of the parties on a 
223.21  basis that gives primary consideration to the safety of the 
223.22  victim and the children.  Except for cases in which custody is 
223.23  contested, findings under Minnesota Statutes, section 257.025 or 
223.24  518.175, are not required.  If the court finds that the safety 
223.25  of the victim or the children may be jeopardized by unsupervised 
223.26  or unrestricted visitation, the court shall condition or 
223.27  restrict visitation as to time, place, duration, or supervision, 
223.28  or deny visitation entirely, as needed to guard the safety of 
223.29  the victim and the children.  The court's decision on custody 
223.30  and visitation must not delay the issuance of an order for 
223.31  protection/minor respondent granting other relief provided for 
223.32  in this section; 
223.33     (6) on the same basis as is provided in Minnesota Statutes, 
223.34  chapter 518, establish temporary support for minor children or a 
223.35  spouse and order the withholding of support from the income of 
223.36  the person obligated to pay the support according to Minnesota 
224.1   Statutes, chapter 518; 
224.2      (7) provide upon request of the petitioner counseling or 
224.3   other social services for the parties if they are married or if 
224.4   there are minor children; 
224.5      (8) order the abusing party to participate in treatment or 
224.6   counseling services; 
224.7      (9) in the case of married juveniles, award temporary use 
224.8   and possession of property and restrain one or both parties from 
224.9   transferring, encumbering, concealing, or disposing of property 
224.10  except in the usual course of business or for the necessities of 
224.11  life, and require the party to account to the court for all such 
224.12  transfers, encumbrances, dispositions, and expenditures made 
224.13  after the order is served or communicated to the party 
224.14  restrained in open court; 
224.15     (10) exclude the abusing party from the place of employment 
224.16  of the petitioner, or otherwise limit access to the petitioner 
224.17  by the abusing party at the petitioner's place of employment; 
224.18     (11) order the abusing party to pay restitution to the 
224.19  petitioner; 
224.20     (12) order the continuance of all currently available 
224.21  insurance coverage without change in coverage or beneficiary 
224.22  designation; and 
224.23     (13) order, in its discretion, other relief the court 
224.24  considers necessary for the protection of a family or household 
224.25  member, including orders or directives to law enforcement 
224.26  personnel under sections 2 to 26. 
224.27     (b) Relief granted by the order for protection/minor 
224.28  respondent must be for a fixed period not to exceed one year 
224.29  unless the court determines a longer fixed period is 
224.30  appropriate.  If a referee presides at the hearing on the 
224.31  petition, the order granting relief becomes effective upon the 
224.32  referee's signature. 
224.33     (c) An order granting the relief authorized in paragraph 
224.34  (a), clause (1), may not be vacated or modified in a proceeding 
224.35  for dissolution of marriage or legal separation, except that the 
224.36  court may hear a motion for modification of an order for 
225.1   protection concurrently with a proceeding for dissolution of 
225.2   marriage upon notice of motion and motion.  The notice required 
225.3   by court rule must not be waived.  If the proceedings are 
225.4   consolidated and the motion to modify is granted, a separate 
225.5   order for modification of an order for protection must be issued.
225.6      (d) An order granting the relief authorized in paragraph 
225.7   (a), clause (2), is not voided by the admittance of the abusing 
225.8   party into the dwelling from which the abusing party is excluded.
225.9      (e) If a proceeding for dissolution of marriage or legal 
225.10  separation is pending between the parties, the court shall 
225.11  provide a copy of the order for protection/minor respondent to 
225.12  the court with jurisdiction over the dissolution or separation 
225.13  proceeding for inclusion in its file. 
225.14     (f) An order for restitution issued under this subdivision 
225.15  is enforceable as a civil judgment. 
225.16     Sec. 11.  [SUBSEQUENT ORDERS AND EXTENSIONS.] 
225.17     Upon application, notice to all parties, and hearing, a 
225.18  court may extend the relief granted in an existing order for 
225.19  protection/minor respondent or, if a petitioner's order for 
225.20  protection/minor respondent is no longer in effect when an 
225.21  application for subsequent relief is made, grant a new order.  
225.22  The court may extend the terms of an existing order or, if an 
225.23  order is no longer in effect, grant a new order upon a showing 
225.24  that: 
225.25     (1) the minor respondent has violated a prior or existing 
225.26  order for protection issued under sections 2 to 26 or Minnesota 
225.27  Statutes, chapter 518B; 
225.28     (2) the petitioner is reasonably in fear of physical harm 
225.29  from the minor respondent; or 
225.30     (3) the minor respondent has engaged in acts of harassment 
225.31  or stalking within the meaning of Minnesota Statutes, section 
225.32  609.749, subdivision 2. 
225.33     A petitioner does not need to show that physical harm is 
225.34  imminent to obtain an extension or a subsequent order under this 
225.35  section. 
225.36     Sec. 12.  [EX PARTE ORDER.] 
226.1      (a) If a petition under sections 2 to 26 alleges an 
226.2   immediate and present danger of domestic abuse perpetrated by a 
226.3   minor, the court may grant an ex parte order for 
226.4   protection/minor respondent and grant relief the court considers 
226.5   proper, including an order:  
226.6      (1) restraining the abusing party from committing acts of 
226.7   domestic abuse; 
226.8      (2) excluding any party from a shared dwelling or from the 
226.9   residence of the other except by further order of the court; 
226.10     (3) if the court excludes a minor respondent from the minor 
226.11  respondent's parent's home and the parent or guardian is either 
226.12  unable or unwilling to provide an alternative safe living 
226.13  arrangement for the minor respondent, the court may find that 
226.14  there are reasonable grounds to believe that the minor 
226.15  respondent's safety and well-being are endangered because of the 
226.16  exclusion and the parent's or guardian's unwillingness or 
226.17  inability to provide an alternative safe living arrangement, in 
226.18  which case the court may order, by endorsement upon the 
226.19  petition, that a peace officer shall take the minor respondent 
226.20  into immediate custody under Minnesota Statutes, section 
226.21  260.165, subdivision 1; 
226.22     (4) excluding the abusing party from the place of 
226.23  employment of the petitioner or otherwise limiting access to the 
226.24  petitioner by the abusing party at the petitioner's place of 
226.25  employment; and 
226.26     (5) continuing all currently available insurance coverage 
226.27  without change in coverage or beneficiary designation. 
226.28     (b) A finding by the court that there is a basis for 
226.29  issuing an ex parte order for protection/minor respondent 
226.30  constitutes a finding that sufficient reasons exist not to 
226.31  require notice under applicable court rules governing 
226.32  applications for ex parte relief. 
226.33     (c) An ex parte order for protection/minor respondent is 
226.34  effective for a fixed period set by the court, as provided in 
226.35  section 10, paragraph (b), or until modified or vacated by the 
226.36  court after a hearing.  A full hearing, as provided by sections 
227.1   2 to 26, must be set for not later than seven days from the 
227.2   issuance of the ex parte order.  Notwithstanding provisions of 
227.3   sections 2 to 26 to the contrary, if the order takes the minor 
227.4   respondent into custody under Minnesota Statutes, section 
227.5   260.165, a full hearing must be held within 72 hours of the 
227.6   execution of the order for immediate custody. 
227.7      (d) Nothing in this section affects the right of a party to 
227.8   seek modification of an order under section 16. 
227.9      Sec. 13.  [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
227.10     Subdivision 1.  [SERVICE ON MINOR RESPONDENT AND PARENT OR 
227.11  GUARDIAN.] If an ex parte order has been issued under section 10 
227.12  and an order for immediate custody has been issued under 
227.13  sections 2 to 26 and Minnesota Statutes, chapter 260, personal 
227.14  service upon the minor respondent must be made by the county 
227.15  sheriff or police when the order for immediate custody is 
227.16  executed.  Personal service of the petition and order must be 
227.17  made upon the minor respondent not less than five days prior to 
227.18  the hearing.  Service must also be made upon the minor 
227.19  respondent by mailing a copy of the petition and order to the 
227.20  minor respondent's last known address.  Service is complete upon 
227.21  personal receipt by the minor respondent or three days after the 
227.22  mailing.  The court shall have notice of the pendency of the 
227.23  case and of the time and place of the hearing served by mail at 
227.24  the last known address upon any parent or guardian of the minor 
227.25  respondent who is not the petitioner.  
227.26     Subd. 2.  [SERVICE OUTSIDE MINNESOTA.] Service out of this 
227.27  state and in the United States may be proved by the affidavit of 
227.28  the person making the service.  Service outside the United 
227.29  States may be proved by the affidavit of the person making the 
227.30  service taken before and certified by any United States 
227.31  minister, charge d'affaires, commissioner, consul, commercial 
227.32  agent, or other consular or diplomatic officer of the United 
227.33  States appointed to reside in the other country, including all 
227.34  deputies or other representatives of the officer authorized to 
227.35  perform their duties or before an officer authorized to 
227.36  administer an oath with the certificate of an officer of a court 
228.1   of record of the country in which the affidavit is taken as to 
228.2   the identity and authority of the officer taking the affidavit.  
228.3      Sec. 14.  [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN 
228.4   SERVICE OR EXECUTION.] 
228.5      If an order for protection/minor respondent is issued under 
228.6   sections 2 to 26, on request of the petitioner the court shall 
228.7   order law enforcement personnel to accompany the petitioner and 
228.8   assist in placing the petitioner in possession of the dwelling 
228.9   or residence or otherwise assist in execution or service of the 
228.10  order.  If the application for relief is brought in a county in 
228.11  which the minor respondent is not present, the sheriff shall 
228.12  forward the pleadings necessary for service upon the minor 
228.13  respondent to the sheriff of the county in which the minor 
228.14  respondent is present.  This transmittal must be expedited to 
228.15  allow for timely service. 
228.16     Sec. 15.  [RIGHT TO APPLY FOR RELIEF.] 
228.17     (a) A person's right to apply for relief is not affected by 
228.18  the person's leaving the residence or household to avoid abuse.  
228.19     (b) The court shall not require security or bond of any 
228.20  party unless the court considers it necessary in exceptional 
228.21  cases. 
228.22     Sec. 16.  [MODIFICATION OF ORDER.] 
228.23     Upon application, notice to all parties, and hearing, the 
228.24  court may modify the terms of an existing order for protection.  
228.25     Sec. 17.  [REAL ESTATE.] 
228.26     Nothing in sections 2 to 26 affects the title to real 
228.27  estate.  
228.28     Sec. 18.  [COPY TO LAW ENFORCEMENT AGENCY.] 
228.29     (a) An order for protection/minor respondent granted under 
228.30  sections 2 to 26 must be forwarded by the court administrator 
228.31  within 24 hours to the local law enforcement agency with 
228.32  jurisdiction over the residence of the petitioner. 
228.33     Each appropriate law enforcement agency shall make 
228.34  available to other law enforcement officers through a system for 
228.35  verification information as to the existence and status of any 
228.36  order for protection/minor respondent issued under sections 2 to 
229.1   26. 
229.2      (b) If the petitioner notifies the court administrator of a 
229.3   change in the petitioner's residence so that a different local 
229.4   law enforcement agency has jurisdiction over the residence, the 
229.5   order for protection/minor respondent must be forwarded by the 
229.6   court administrator to the new law enforcement agency within 24 
229.7   hours of the notice.  If the petitioner notifies the new law 
229.8   enforcement agency that an order for protection/minor respondent 
229.9   has been issued under sections 2 to 26 and the petitioner has 
229.10  established a new residence within that agency's jurisdiction, 
229.11  within 24 hours the local law enforcement agency shall request a 
229.12  copy of the order from the court administrator in the county 
229.13  that issued the order. 
229.14     (c) If an order for protection/minor respondent is granted, 
229.15  the petitioner must be told by the court that: 
229.16     (1) notification of a change in residence should be given 
229.17  immediately to the court administrator and to the local law 
229.18  enforcement agency having jurisdiction over the new residence of 
229.19  the applicant; 
229.20     (2) the reason for notification of a change in residence is 
229.21  to forward an order for protection/minor respondent to the 
229.22  proper law enforcement agency; and 
229.23     (3) the order for protection/minor respondent must be 
229.24  forwarded to the law enforcement agency having jurisdiction over 
229.25  the new residence within 24 hours of notification of a change in 
229.26  residence, whether notification is given to the court 
229.27  administrator or to the local law enforcement agency having 
229.28  jurisdiction over the applicant's new residence. 
229.29     An order for protection/minor respondent is enforceable 
229.30  even if the petitioner does not notify the court administrator 
229.31  or the appropriate law enforcement agency of a change in 
229.32  residence. 
229.33     Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
229.34  RESPONDENT.] 
229.35     Subdivision 1.  [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 
229.36  petitioner, a peace officer, or an interested party designated 
230.1   by the court may file an affidavit with the court alleging that 
230.2   a minor respondent has violated an order for protection/minor 
230.3   respondent under sections 2 to 26.  The court may order the 
230.4   minor respondent to appear and show cause within 14 days why the 
230.5   minor respondent should not be found in contempt of court and 
230.6   punished for the contempt.  The court may also order the minor 
230.7   to participate in counseling or other appropriate programs 
230.8   selected by the court.  The hearing may be held by the court in 
230.9   any county in which the petitioner or minor respondent 
230.10  temporarily or permanently resides at the time of the alleged 
230.11  violation. 
230.12     Subd. 2.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
230.13  that a minor respondent has violated an order for 
230.14  protection/minor respondent issued under sections 2 to 26 and 
230.15  the court finds that the order has expired between the time of 
230.16  the alleged violation and the court's hearing on the violation, 
230.17  the court may grant a new order for protection/minor respondent 
230.18  based solely on the minor respondent's alleged violation of the 
230.19  prior order, to be effective until the hearing on the alleged 
230.20  violation of the prior order.  The relief granted in the new 
230.21  order for protection/minor respondent must be extended for a 
230.22  fixed period, not to exceed one year, except when the court 
230.23  determines a longer fixed period is appropriate. 
230.24     Subd. 3.  [ADMITTANCE INTO DWELLING.] Admittance into the 
230.25  petitioner's dwelling of an abusing party excluded from the 
230.26  dwelling under an order for protection/minor respondent is not a 
230.27  violation by the petitioner of the order. 
230.28     Sec. 20.  [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR 
230.29  DELINQUENCY PROCEEDING.] 
230.30     Any testimony offered by a minor respondent in a hearing 
230.31  under sections 2 to 26 is inadmissible in a criminal or 
230.32  delinquency proceeding. 
230.33     Sec. 21.  [OTHER REMEDIES AVAILABLE.] 
230.34     Any proceeding under sections 2 to 26 is in addition to 
230.35  other civil or criminal remedies.  
230.36     Sec. 22.  [EFFECT ON CUSTODY PROCEEDINGS.] 
231.1      In a subsequent custody proceeding the court may consider, 
231.2   but is not bound by, a finding in a proceeding under sections 2 
231.3   to 26 that domestic abuse perpetrated by a minor has occurred. 
231.4      Sec. 23.  [NOTICES.] 
231.5      Each order for protection/minor respondent granted under 
231.6   sections 2 to 26 must contain a conspicuous notice to the minor 
231.7   respondent that: 
231.8      (1) violation of an order for protection/minor respondent 
231.9   could result in out-of-home placement while the respondent is a 
231.10  minor and constitutes contempt of court; and 
231.11     (2) the minor respondent is forbidden to enter or stay at 
231.12  the petitioner's residence, even if invited to do so by the 
231.13  petitioner or any other person; in no event is the order for 
231.14  protection/minor respondent voided.  
231.15     Sec. 24.  [RECORDING REQUIRED.] 
231.16     Proceedings under sections 2 to 26 must be recorded. 
231.17     Sec. 25.  [STATEWIDE APPLICATION.] 
231.18     An order for protection/minor respondent granted under 
231.19  sections 2 to 26 applies throughout this state. 
231.20     Sec. 26.  [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.] 
231.21     The state court administrator, in consultation with the 
231.22  advisory council on battered women, city and county attorneys, 
231.23  and legal advocates who work with victims, shall develop a 
231.24  uniform order for protection/minor respondent form that will 
231.25  facilitate the consistent enforcement of orders for 
231.26  protection/minor respondent throughout the state. 
231.27     Sec. 27.  [EFFECTIVE DATE.] 
231.28     Sections 1 to 26 are effective June 1, 1998. 
231.29                             ARTICLE 11
231.30                        CHANGES TO OTHER LAW 
231.31     Section 1.  Minnesota Statutes 1996, section 260.015, 
231.32  subdivision 2a, is amended to read: 
231.33     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
231.34  "Child in need of protection or services" means a child who is 
231.35  in need of protection or services because the child: 
231.36     (1) is abandoned or without parent, guardian, or custodian; 
232.1      (2)(i) has been a victim of physical or sexual abuse, or 
232.2   (ii) resides with or has resided with a victim of domestic child 
232.3   abuse as defined in subdivision 24, (iii) resides with or would 
232.4   reside with a perpetrator of domestic child abuse or child abuse 
232.5   as defined in subdivision 28, or (iv) is a victim of emotional 
232.6   maltreatment as defined in subdivision 5a; 
232.7      (3) is without necessary food, clothing, shelter, 
232.8   education, or other required care for the child's physical or 
232.9   mental health or morals because the child's parent, guardian, or 
232.10  custodian is unable or unwilling to provide that care; 
232.11     (4) is without the special care made necessary by a 
232.12  physical, mental, or emotional condition because the child's 
232.13  parent, guardian, or custodian is unable or unwilling to provide 
232.14  that care; 
232.15     (5) is medically neglected, which includes, but is not 
232.16  limited to, the withholding of medically indicated treatment 
232.17  from a disabled infant with a life-threatening condition.  The 
232.18  term "withholding of medically indicated treatment" means the 
232.19  failure to respond to the infant's life-threatening conditions 
232.20  by providing treatment, including appropriate nutrition, 
232.21  hydration, and medication which, in the treating physician's or 
232.22  physicians' reasonable medical judgment, will be most likely to 
232.23  be effective in ameliorating or correcting all conditions, 
232.24  except that the term does not include the failure to provide 
232.25  treatment other than appropriate nutrition, hydration, or 
232.26  medication to an infant when, in the treating physician's or 
232.27  physicians' reasonable medical judgment: 
232.28     (i) the infant is chronically and irreversibly comatose; 
232.29     (ii) the provision of the treatment would merely prolong 
232.30  dying, not be effective in ameliorating or correcting all of the 
232.31  infant's life-threatening conditions, or otherwise be futile in 
232.32  terms of the survival of the infant; or 
232.33     (iii) the provision of the treatment would be virtually 
232.34  futile in terms of the survival of the infant and the treatment 
232.35  itself under the circumstances would be inhumane; 
232.36     (6) is one whose parent, guardian, or other custodian for 
233.1   good cause desires to be relieved of the child's care and 
233.2   custody; 
233.3      (7) has been placed for adoption or care in violation of 
233.4   law; 
233.5      (8) is without proper parental care because of the 
233.6   emotional, mental, or physical disability, or state of 
233.7   immaturity of the child's parent, guardian, or other custodian; 
233.8      (9) is one whose behavior, condition, or environment is 
233.9   such as to be injurious or dangerous to the child or others.  An 
233.10  injurious or dangerous environment may include, but is not 
233.11  limited to, the exposure of a child to criminal activity in the 
233.12  child's home; 
233.13     (10) has committed a delinquent act before becoming ten 
233.14  years old; 
233.15     (11) is a runaway; 
233.16     (12) is an habitual truant; or 
233.17     (13) is one whose custodial parent's parental rights to 
233.18  another child have been involuntarily terminated within the past 
233.19  five years.; or 
233.20     (14) has been found by the court to have committed domestic 
233.21  abuse perpetrated by a minor under article 10, sections 2 to 26, 
233.22  has been ordered excluded from the child's parent's home by an 
233.23  order for protection/minor respondent, and the parent or 
233.24  guardian is either unwilling or unable to provide an alternative 
233.25  safe living arrangement for the child. 
233.26     Sec. 2.  Minnesota Statutes 1996, section 260.165, 
233.27  subdivision 1, is amended to read: 
233.28     Subdivision 1.  No child may be taken into immediate 
233.29  custody except: 
233.30     (a) With an order issued by the court in accordance with 
233.31  the provisions of section 260.135, subdivision 5, or article 10, 
233.32  section 10, paragraph (a), clause (3), or 12, paragraph (a), 
233.33  clause (3), or by a warrant issued in accordance with the 
233.34  provisions of section 260.145; or 
233.35     (b) In accordance with the laws relating to arrests; or 
233.36     (c) By a peace officer 
234.1      (1) when a child has run away from a parent, guardian, or 
234.2   custodian, or when the peace officer reasonably believes the 
234.3   child has run away from a parent, guardian, or custodian; or 
234.4      (2) when a child is found in surroundings or conditions 
234.5   which endanger the child's health or welfare or which such peace 
234.6   officer reasonably believes will endanger the child's health or 
234.7   welfare.  If an Indian child is a resident of a reservation or 
234.8   is domiciled on a reservation but temporarily located off the 
234.9   reservation, the taking of the child into custody under this 
234.10  clause shall be consistent with the Indian Child Welfare Act of 
234.11  1978, United States Code, title 25, section 1922; 
234.12     (d) By a peace officer or probation or parole officer when 
234.13  it is reasonably believed that the child has violated the terms 
234.14  of probation, parole, or other field supervision; or 
234.15     (e) By a peace officer or probation officer under section 
234.16  260.132, subdivision 4. 
234.17     Sec. 3.  Minnesota Statutes 1996, section 260.171, 
234.18  subdivision 2, is amended to read: 
234.19     Subd. 2.  (a) If the child is not released as provided in 
234.20  subdivision 1, the person taking the child into custody shall 
234.21  notify the court as soon as possible of the detention of the 
234.22  child and the reasons for detention.  
234.23     (b) No child may be detained in a juvenile secure detention 
234.24  facility or shelter care facility longer than 36 hours, 
234.25  excluding Saturdays, Sundays, and holidays, after being taken 
234.26  into custody for a delinquent act as defined in section 260.015, 
234.27  subdivision 5, unless a petition has been filed and the judge or 
234.28  referee determines pursuant to section 260.172 that the child 
234.29  shall remain in detention.  
234.30     (c) No child may be detained in an adult jail or municipal 
234.31  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
234.32  holidays, or longer than six hours in an adult jail or municipal 
234.33  lockup in a standard metropolitan statistical area, after being 
234.34  taken into custody for a delinquent act as defined in section 
234.35  260.015, subdivision 5, unless: 
234.36     (1) a petition has been filed under section 260.131; and 
235.1      (2) a judge or referee has determined under section 260.172 
235.2   that the child shall remain in detention. 
235.3      After August 1, 1991, no child described in this paragraph 
235.4   may be detained in an adult jail or municipal lockup longer than 
235.5   24 hours, excluding Saturdays, Sundays, and holidays, or longer 
235.6   than six hours in an adult jail or municipal lockup in a 
235.7   standard metropolitan statistical area, unless the requirements 
235.8   of this paragraph have been met and, in addition, a motion to 
235.9   refer the child for adult prosecution has been made under 
235.10  section 260.125.  Notwithstanding this paragraph, continued 
235.11  detention of a child in an adult detention facility outside of a 
235.12  standard metropolitan statistical area county is permissible if: 
235.13     (i) the facility in which the child is detained is located 
235.14  where conditions of distance to be traveled or other ground 
235.15  transportation do not allow for court appearances within 24 
235.16  hours.  A delay not to exceed 48 hours may be made under this 
235.17  clause; or 
235.18     (ii) the facility is located where conditions of safety 
235.19  exist.  Time for an appearance may be delayed until 24 hours 
235.20  after the time that conditions allow for reasonably safe 
235.21  travel.  "Conditions of safety" include adverse life-threatening 
235.22  weather conditions that do not allow for reasonably safe travel. 
235.23     The continued detention of a child under clause (i) or (ii) 
235.24  must be reported to the commissioner of corrections. 
235.25     (d) No child taken into custody and placed in a shelter 
235.26  care facility or relative's home by a peace officer pursuant to 
235.27  section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
235.28  in custody longer than 72 hours, excluding Saturdays, Sundays 
235.29  and holidays, unless a petition has been filed and the judge or 
235.30  referee determines pursuant to section 260.172 that the child 
235.31  shall remain in custody or unless the court has made a finding 
235.32  of domestic abuse perpetrated by a minor after a hearing under 
235.33  article 10, sections 2 to 26, in which case the court may extend 
235.34  the period of detention for an additional seven days, within 
235.35  which time the social service agency shall conduct an assessment 
235.36  and shall provide recommendations to the court regarding 
236.1   voluntary services or file a child in need of protection or 
236.2   services petition.  
236.3      (e) If a child described in paragraph (c) is to be detained 
236.4   in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
236.5   holidays, the judge or referee, in accordance with rules and 
236.6   procedures established by the commissioner of corrections, shall 
236.7   notify the commissioner of the place of the detention and the 
236.8   reasons therefor.  The commissioner shall thereupon assist the 
236.9   court in the relocation of the child in an appropriate juvenile 
236.10  secure detention facility or approved jail within the county or 
236.11  elsewhere in the state, or in determining suitable 
236.12  alternatives.  The commissioner shall direct that a child 
236.13  detained in a jail be detained after eight days from and 
236.14  including the date of the original detention order in an 
236.15  approved juvenile secure detention facility with the approval of 
236.16  the administrative authority of the facility.  If the court 
236.17  refers the matter to the prosecuting authority pursuant to 
236.18  section 260.125, notice to the commissioner shall not be 
236.19  required. 
236.20     Sec. 4.  Minnesota Statutes 1996, section 260.191, 
236.21  subdivision 1, is amended to read: 
236.22     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
236.23  the child is in need of protection or services or neglected and 
236.24  in foster care, it shall enter an order making any of the 
236.25  following dispositions of the case: 
236.26     (1) place the child under the protective supervision of the 
236.27  local social services agency or child-placing agency in the 
236.28  child's own home under conditions prescribed by the court 
236.29  directed to the correction of the child's need for protection or 
236.30  services; 
236.31     (2) transfer legal custody to one of the following: 
236.32     (i) a child-placing agency; or 
236.33     (ii) the local social services agency. 
236.34     In placing a child whose custody has been transferred under 
236.35  this paragraph, the agencies shall follow the order of 
236.36  preference stated in section 260.181, subdivision 3; 
237.1      (3) if the child is in need of special treatment and care 
237.2   for reasons of physical or mental health, the court may order 
237.3   the child's parent, guardian, or custodian to provide it.  If 
237.4   the parent, guardian, or custodian fails or is unable to provide 
237.5   this treatment or care, the court may order it provided.  The 
237.6   court shall not transfer legal custody of the child for the 
237.7   purpose of obtaining special treatment or care solely because 
237.8   the parent is unable to provide the treatment or care.  If the 
237.9   court's order for mental health treatment is based on a 
237.10  diagnosis made by a treatment professional, the court may order 
237.11  that the diagnosing professional not provide the treatment to 
237.12  the child if it finds that such an order is in the child's best 
237.13  interests; or 
237.14     (4) if the court believes that the child has sufficient 
237.15  maturity and judgment and that it is in the best interests of 
237.16  the child, the court may order a child 16 years old or older to 
237.17  be allowed to live independently, either alone or with others as 
237.18  approved by the court under supervision the court considers 
237.19  appropriate, if the county board, after consultation with the 
237.20  court, has specifically authorized this dispositional 
237.21  alternative for a child. 
237.22     (b) If the child was adjudicated in need of protection or 
237.23  services because the child is a runaway or habitual truant, the 
237.24  court may order any of the following dispositions in addition to 
237.25  or as alternatives to the dispositions authorized under 
237.26  paragraph (a): 
237.27     (1) counsel the child or the child's parents, guardian, or 
237.28  custodian; 
237.29     (2) place the child under the supervision of a probation 
237.30  officer or other suitable person in the child's own home under 
237.31  conditions prescribed by the court, including reasonable rules 
237.32  for the child's conduct and the conduct of the parents, 
237.33  guardian, or custodian, designed for the physical, mental, and 
237.34  moral well-being and behavior of the child; or with the consent 
237.35  of the commissioner of corrections, place the child in a group 
237.36  foster care facility which is under the commissioner's 
238.1   management and supervision; 
238.2      (3) subject to the court's supervision, transfer legal 
238.3   custody of the child to one of the following: 
238.4      (i) a reputable person of good moral character.  No person 
238.5   may receive custody of two or more unrelated children unless 
238.6   licensed to operate a residential program under sections 245A.01 
238.7   to 245A.16; or 
238.8      (ii) a county probation officer for placement in a group 
238.9   foster home established under the direction of the juvenile 
238.10  court and licensed pursuant to section 241.021; 
238.11     (4) require the child to pay a fine of up to $100.  The 
238.12  court shall order payment of the fine in a manner that will not 
238.13  impose undue financial hardship upon the child; 
238.14     (5) require the child to participate in a community service 
238.15  project; 
238.16     (6) order the child to undergo a chemical dependency 
238.17  evaluation and, if warranted by the evaluation, order 
238.18  participation by the child in a drug awareness program or an 
238.19  inpatient or outpatient chemical dependency treatment program; 
238.20     (7) if the court believes that it is in the best interests 
238.21  of the child and of public safety that the child's driver's 
238.22  license or instruction permit be canceled, the court may order 
238.23  the commissioner of public safety to cancel the child's license 
238.24  or permit for any period up to the child's 18th birthday.  If 
238.25  the child does not have a driver's license or permit, the court 
238.26  may order a denial of driving privileges for any period up to 
238.27  the child's 18th birthday.  The court shall forward an order 
238.28  issued under this clause to the commissioner, who shall cancel 
238.29  the license or permit or deny driving privileges without a 
238.30  hearing for the period specified by the court.  At any time 
238.31  before the expiration of the period of cancellation or denial, 
238.32  the court may, for good cause, order the commissioner of public 
238.33  safety to allow the child to apply for a license or permit, and 
238.34  the commissioner shall so authorize; 
238.35     (8) order that the child's parent or legal guardian deliver 
238.36  the child to school at the beginning of each school day for a 
239.1   period of time specified by the court; or 
239.2      (9) require the child to perform any other activities or 
239.3   participate in any other treatment programs deemed appropriate 
239.4   by the court.  
239.5      (c) If a child who is 14 years of age or older is 
239.6   adjudicated in need of protection or services because the child 
239.7   is a habitual truant and truancy procedures involving the child 
239.8   were previously dealt with by a school attendance review board 
239.9   or county attorney mediation program under section 260A.06 or 
239.10  260A.07, the court shall order a cancellation or denial of 
239.11  driving privileges under paragraph (b), clause (7), for any 
239.12  period up to the child's 18th birthday. 
239.13     (d) In the case of a child adjudicated in need of 
239.14  protection or services because the child has committed domestic 
239.15  abuse and been ordered excluded from the child's parent's home, 
239.16  the court shall dismiss jurisdiction if the court, at any time, 
239.17  finds the parent is able or willing to provide an alternative 
239.18  safe living arrangement for the child, as defined in article 10, 
239.19  section 2. 
239.20     Sec. 5.  Minnesota Statutes 1996, section 609.748, 
239.21  subdivision 1, is amended to read: 
239.22     Subdivision 1.  [DEFINITION.] For the purposes of this 
239.23  section, the following terms have the meanings given them in 
239.24  this subdivision. 
239.25     (a) "Harassment" includes: 
239.26     (1) repeated, intrusive, or unwanted acts, words, or 
239.27  gestures that are intended to adversely affect the safety, 
239.28  security, or privacy of another, regardless of the relationship 
239.29  between the actor and the intended target; 
239.30     (2) targeted residential picketing; and 
239.31     (3) a pattern of attending public events after being 
239.32  notified that the actor's presence at the event is harassing to 
239.33  another. 
239.34     (b) "Respondent" includes any individuals adults or 
239.35  juveniles alleged to have engaged in harassment or organizations 
239.36  alleged to have sponsored or promoted harassment. 
240.1      (c) "Targeted residential picketing" includes the following 
240.2   acts when committed on more than one occasion: 
240.3      (1) marching, standing, or patrolling by one or more 
240.4   persons directed solely at a particular residential building in 
240.5   a manner that adversely affects the safety, security, or privacy 
240.6   of an occupant of the building; or 
240.7      (2) marching, standing, or patrolling by one or more 
240.8   persons which prevents an occupant of a residential building 
240.9   from gaining access to or exiting from the property on which the 
240.10  residential building is located. 
240.11     Sec. 6.  [EFFECTIVE DATE.] 
240.12     Sections 1 to 5 are effective June 1, 1998. 
240.13                             ARTICLE 12 
240.14                      MISCELLANEOUS PROVISIONS 
240.15     Section 1.  Minnesota Statutes 1996, section 357.021, 
240.16  subdivision 1a, is amended to read: 
240.17     Subd. 1a.  (a) Every person, including the state of 
240.18  Minnesota and all bodies politic and corporate, who shall 
240.19  transact any business in the district court, shall pay to the 
240.20  court administrator of said court the sundry fees prescribed in 
240.21  subdivision 2.  Except as provided in paragraph (d), the court 
240.22  administrator shall transmit the fees monthly to the state 
240.23  treasurer for deposit in the state treasury and credit to the 
240.24  general fund.  
240.25     (b) In a county which has a screener-collector position, 
240.26  fees paid by a county pursuant to this subdivision shall be 
240.27  transmitted monthly to the county treasurer, who shall apply the 
240.28  fees first to reimburse the county for the amount of the salary 
240.29  paid for the screener-collector position.  The balance of the 
240.30  fees collected shall then be forwarded to the state treasurer 
240.31  for deposit in the state treasury and credited to the general 
240.32  fund.  In a county in the eighth judicial district which has a 
240.33  screener-collector position, the fees paid by a county shall be 
240.34  transmitted monthly to the state treasurer for deposit in the 
240.35  state treasury and credited to the general fund.  A 
240.36  screener-collector position for purposes of this paragraph is an 
241.1   employee whose function is to increase the collection of fines 
241.2   and to review the incomes of potential clients of the public 
241.3   defender, in order to verify eligibility for that service. 
241.4      (c) No fee is required under this section from the public 
241.5   authority or the party the public authority represents in an 
241.6   action for: 
241.7      (1) child support enforcement or modification, medical 
241.8   assistance enforcement, or establishment of parentage in the 
241.9   district court, or child or medical support enforcement 
241.10  conducted by an administrative law judge in an administrative 
241.11  hearing under section 518.5511; 
241.12     (2) civil commitment under chapter 253B; 
241.13     (3) the appointment of a public conservator or public 
241.14  guardian or any other action under chapters 252A and 525; 
241.15     (4) wrongfully obtaining public assistance under section 
241.16  256.98 or 256D.07, or recovery of overpayments of public 
241.17  assistance; 
241.18     (5) court relief under chapter 260; 
241.19     (6) forfeiture of property under sections 169.1217 and 
241.20  609.531 to 609.5317; 
241.21     (7) recovery of amounts issued by political subdivisions or 
241.22  public institutions under sections 246.52, 252.27, 256.045, 
241.23  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
241.24  260.251, or other sections referring to other forms of public 
241.25  assistance; or 
241.26     (8) restitution under section 611A.04. 
241.27     (d) The fees collected for child support modifications 
241.28  under subdivision 2, clause (13), must be transmitted to the 
241.29  county treasurer for deposit in the county general fund.  The 
241.30  fees must be used by the county to pay for child support 
241.31  enforcement efforts by county attorneys. 
241.32     Sec. 2.  Minnesota Statutes 1996, section 363.02, 
241.33  subdivision 1, is amended to read: 
241.34     Subdivision 1.  [EMPLOYMENT.] The provisions of section 
241.35  363.03, subdivision 1, shall not apply to:  
241.36     (1) The employment of any individual: 
242.1      (a) by the individual's parent, grandparent, spouse, child, 
242.2   or grandchild; or 
242.3      (b) in the domestic service of any person; 
242.4      (2) A religious or fraternal corporation, association, or 
242.5   society, with respect to qualifications based on religion or 
242.6   sexual orientation, when religion or sexual orientation shall be 
242.7   a bona fide occupational qualification for employment; 
242.8      (3) A nonpublic service organization whose primary function 
242.9   is providing occasional services to minors, such as youth sports 
242.10  organizations, scouting organizations, boys' or girls' clubs, 
242.11  programs providing friends, counselors, or role models for 
242.12  minors, youth theater, dance, music or artistic organizations, 
242.13  agricultural organizations for minors, including 4-H clubs, and 
242.14  other youth organizations, with respect to qualifications of 
242.15  employees or volunteers based on sexual orientation; 
242.16     (4) The employment of one person in place of another, 
242.17  standing by itself, shall not be evidence of an unfair 
242.18  discriminatory practice; 
242.19     (5) The operation of a bona fide seniority system which 
242.20  mandates differences in such things as wages, hiring priorities, 
242.21  layoff priorities, vacation credit, and job assignments based on 
242.22  seniority, so long as the operation of the system is not a 
242.23  subterfuge to evade the provisions of this chapter; 
242.24     (6) With respect to age discrimination, a practice by which 
242.25  a labor organization or employer offers or supplies varying 
242.26  insurance benefits or other fringe benefits to members or 
242.27  employees of differing ages, so long as the cost to the labor 
242.28  organization or employer for the benefits is reasonably 
242.29  equivalent for all members or employees; 
242.30     (7) A restriction imposed by state statute, home rule 
242.31  charter, ordinance, or civil service rule, and applied uniformly 
242.32  and without exception to all individuals, which establishes a 
242.33  maximum age for entry into employment as a peace officer or 
242.34  firefighter; 
242.35     (8) Nothing in this chapter concerning age discrimination 
242.36  shall be construed to validate or permit age requirements which 
243.1   have a disproportionate impact on persons of any class otherwise 
243.2   protected by section 363.03, subdivision 1 or 5; 
243.3      (9) It is not an unfair employment practice for an 
243.4   employer, employment agency, or labor organization:  
243.5      (i) to require or request a person to undergo physical 
243.6   examination, which may include a medical history, for the 
243.7   purpose of determining the person's capability to perform 
243.8   available employment, provided: 
243.9      (a) that an offer of employment has been made on condition 
243.10  that the person meets the physical or mental requirements of the 
243.11  job, except that a law enforcement agency filling a peace 
243.12  officer position or part-time peace officer position may require 
243.13  or request an applicant to undergo psychological evaluation 
243.14  before a job offer is made provided that the psychological 
243.15  evaluation is for those job-related abilities set forth by the 
243.16  board of peace officer standards and training for psychological 
243.17  evaluations and is otherwise lawful; 
243.18     (b) that the examination tests only for essential 
243.19  job-related abilities; 
243.20     (c) that the examination except for examinations authorized 
243.21  under chapter 176 is required of all persons conditionally 
243.22  offered employment for the same position regardless of 
243.23  disability; and 
243.24     (d) that the information obtained regarding the medical 
243.25  condition or history of the applicant is collected and 
243.26  maintained on separate forms and in separate medical files and 
243.27  is treated as a confidential medical record, except that 
243.28  supervisors and managers may be informed regarding necessary 
243.29  restrictions on the work or duties of the employee and necessary 
243.30  accommodations; first aid safety personnel may be informed, when 
243.31  appropriate, if the disability might require emergency 
243.32  treatment; government officials investigating compliance with 
243.33  this chapter must be provided relevant information on request; 
243.34  and information may be released for purposes mandated by local, 
243.35  state, or federal law; provided that the results of the 
243.36  examination are used only in accordance with this chapter; or 
244.1      (ii) with the consent of the employee, after employment has 
244.2   commenced, to obtain additional medical information for the 
244.3   purposes of assessing continuing ability to perform the job or 
244.4   employee health insurance eligibility; for purposes mandated by 
244.5   local, state, or federal law; for purposes of assessing the need 
244.6   to reasonably accommodate an employee or obtaining information 
244.7   to determine eligibility for the second injury fund under 
244.8   chapter 176; or pursuant to sections 181.950 to 181.957; or 
244.9   other legitimate business reason not otherwise prohibited by 
244.10  law; 
244.11     (iii) to administer preemployment tests, provided that the 
244.12  tests (a) measure only essential job-related abilities, (b) are 
244.13  required of all applicants for the same position regardless of 
244.14  disability except for tests authorized under chapter 176, and 
244.15  (c) accurately measure the applicant's aptitude, achievement 
244.16  level, or whatever factors they purport to measure rather than 
244.17  reflecting the applicant's impaired sensory, manual, or speaking 
244.18  skills except when those skills are the factors that the tests 
244.19  purport to measure; or 
244.20     (iv) to limit receipt of benefits payable under a fringe 
244.21  benefit plan for disabilities to that period of time which a 
244.22  licensed physician reasonably determines a person is unable to 
244.23  work; or 
244.24     (v) to provide special safety considerations for pregnant 
244.25  women involved in tasks which are potentially hazardous to the 
244.26  health of the unborn child, as determined by medical criteria.  
244.27     Information obtained under this section, regarding the 
244.28  medical condition or history of any employee, is subject to the 
244.29  requirements of subclause (i), item (d). 
244.30     Sec. 3.  Minnesota Statutes 1996, section 363.073, 
244.31  subdivision 1, is amended to read: 
244.32     Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
244.33  agency of the state shall accept any bid or proposal for a 
244.34  contract or agreement or unless the firm or business has an 
244.35  affirmative action plan submitted to the commissioner of human 
244.36  rights for approval.  No department or agency of the state shall 
245.1   execute any contract or agreement for goods or services in 
245.2   excess of $50,000 $100,000 with any business having more than 20 
245.3   40 full-time employees on a single working day during the 
245.4   previous 12 months, unless the firm or business has an 
245.5   affirmative action plan for the employment of minority persons, 
245.6   women, and the disabled that has been approved by the 
245.7   commissioner of human rights.  Receipt of a certificate of 
245.8   compliance issued by the commissioner shall signify that a firm 
245.9   or business has an affirmative action plan that has been 
245.10  approved by the commissioner.  A certificate shall be valid for 
245.11  a period of two years.  A municipality as defined in section 
245.12  466.01, subdivision 1, that receives state money for any reason 
245.13  is encouraged to prepare and implement an affirmative action 
245.14  plan for the employment of minority persons, women, and the 
245.15  disabled and submit the plan to the commissioner of human rights.
245.16     Sec. 4.  Minnesota Statutes 1996, section 504.181, 
245.17  subdivision 1, is amended to read: 
245.18     504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS 
245.19  UNLAWFUL ACTIVITIES.] 
245.20     Subdivision 1.  [COVENANT NOT TO ALLOW DRUGS TERMS OF 
245.21  COVENANT.] In every lease or license of residential premises, 
245.22  whether in writing or parol, the lessor or licensor and the 
245.23  lessee or licensee covenants covenant that: 
245.24     (1) the lessee or licensee neither will not: 
245.25     (i) unlawfully allow controlled substances in those 
245.26  premises or in the common area and curtilage of the premises; 
245.27     (ii) allow prostitution or prostitution-related activity as 
245.28  defined in section 617.80, subdivision 4, to occur on the 
245.29  premises or in the common area and curtilage of the premises; or 
245.30     (iii) allow the unlawful use or possession of a firearm in 
245.31  violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
245.32  on the premises or in the common area and curtilage of the 
245.33  premises; and 
245.34     (2) the common area and curtilage of the premises will not 
245.35  be used by either the lessor or licensor or the lessee or 
245.36  licensee or others acting under the lessee's or licensee's 
246.1   control of either to manufacture, sell, give away, barter, 
246.2   deliver, exchange, distribute, purchase, or possess a controlled 
246.3   substance in violation of any criminal provision of chapter 152. 
246.4      The covenant is not violated when a person other than the 
246.5   lessor or licensor or the lessee or licensee possesses or allows 
246.6   controlled substances in the premises, common area, or 
246.7   curtilage, unless the lessor or licensor or the lessee or 
246.8   licensee knew or had reason to know of that activity.  
246.9      Sec. 5.  Minnesota Statutes 1996, section 566.05, is 
246.10  amended to read: 
246.11     566.05 [COMPLAINT AND SUMMONS.] 
246.12     (a) The person complaining shall file a complaint with the 
246.13  court, stating the full name and date of birth of the person 
246.14  against whom the complaint is made, unless it is not known, 
246.15  describing the premises of which possession is claimed, stating 
246.16  the facts which authorize the recovery, and praying for 
246.17  restitution thereof.  The lack of the full name and date of 
246.18  birth of the person against whom the complaint is made does not 
246.19  deprive the court of jurisdiction or make the complaint invalid. 
246.20  The court shall issue a summons, commanding the person against 
246.21  whom the complaint is made to appear before the court on a day 
246.22  and at a place stated in the summons.  The appearance shall be 
246.23  not less than seven nor more than 14 days from the day of 
246.24  issuing the summons.  In scheduling appearances under this 
246.25  section, the court shall give priority to any unlawful detainer 
246.26  brought under section 504.181, or on the basis that the tenant 
246.27  is causing a nuisance or seriously endangers the safety of other 
246.28  residents, their property, or the landlord's property, except as 
246.29  provided by paragraph (b).  A copy of the complaint shall be 
246.30  attached to the summons, which shall state that the copy is 
246.31  attached and that the original has been filed. 
246.32     (b) In an unlawful detainer action brought under section 
246.33  504.181 or on the basis that the tenant is causing a nuisance or 
246.34  other illegal behavior that seriously endangers the safety of 
246.35  other residents, their property, or the landlord's property, the 
246.36  person filing the complaint shall file an affidavit stating 
247.1   specific facts and instances in support of why an expedited 
247.2   hearing is required.  The complaint and affidavit shall be 
247.3   reviewed by a referee or judge and scheduled for an expedited 
247.4   hearing only if sufficient supporting facts are stated and they 
247.5   meet the requirements of this paragraph.  The appearance in an 
247.6   expedited hearing shall be not less than five days nor more than 
247.7   seven days from the date the summons is issued.  The summons, in 
247.8   an expedited hearing, shall be served upon the tenant within 24 
247.9   hours of issuance unless the court orders otherwise for good 
247.10  cause shown.  If the court determines that the person seeking an 
247.11  expedited hearing did so without sufficient basis under the 
247.12  requirements of this paragraph, the court shall impose a civil 
247.13  penalty of up to $500 for abuse of the expedited hearing process.
247.14     Sec. 6.  Minnesota Statutes 1996, section 566.18, 
247.15  subdivision 6, is amended to read: 
247.16     Subd. 6.  [VIOLATION.] "Violation" means: 
247.17     (a) a violation of any state, county or city health, 
247.18  safety, housing, building, fire prevention, or housing 
247.19  maintenance code applicable to the building; 
247.20     (b) a violation of any of the covenants set forth in 
247.21  section 504.18, subdivision 1, clauses (a) or (b), or in section 
247.22  504.181, subdivision 1; 
247.23     (c) a violation of an oral or written agreement, lease or 
247.24  contract for the rental of a dwelling in a building.  
247.25     Sec. 7.  Minnesota Statutes 1996, section 611.27, 
247.26  subdivision 4, is amended to read: 
247.27     Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
247.28  subdivision 1 directing counties to pay the costs of public 
247.29  defense service shall not be in effect between after January 1, 
247.30  1995, and July 1, 1997.  This subdivision only relates to costs 
247.31  associated with felony, gross misdemeanor, juvenile, and 
247.32  misdemeanor public defense services.  Notwithstanding the 
247.33  provisions of this subdivision, in the first, fifth, seventh, 
247.34  ninth, and tenth judicial districts, the cost of juvenile and 
247.35  misdemeanor public defense services for cases opened prior to 
247.36  January 1, 1995, shall remain the responsibility of the 
248.1   respective counties in those districts, even though the cost of 
248.2   these services may occur after January 1, 1995. 
248.3      Sec. 8.  Minnesota Statutes 1996, section 611.27, is 
248.4   amended by adding a subdivision to read: 
248.5      Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
248.6   postconviction cases where the state public defender's office 
248.7   does not have sufficient funds to pay for transcripts and other 
248.8   necessary expenses because it has spent or committed all of the 
248.9   transcript funds in its annual budget, the state public defender 
248.10  may forward to the commissioner of finance all billings for 
248.11  transcripts and other necessary expenses.  The commissioner 
248.12  shall pay for these transcripts and other necessary expenses 
248.13  from county criminal justice aid retained by the commissioner of 
248.14  revenue under section 477A.0121, subdivision 4. 
248.15     Sec. 9.  Minnesota Statutes 1996, section 617.82, is 
248.16  amended to read: 
248.17     617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
248.18     (a) If the recipient of a notice under section 617.81, 
248.19  subdivision 4, either abates the conduct constituting the 
248.20  nuisance or enters into an agreed abatement plan within 30 days 
248.21  of service of the notice and complies with the agreement within 
248.22  the stipulated time period, the prosecuting attorney may not 
248.23  file a nuisance action on the specified property regarding the 
248.24  nuisance activity described in the notice. 
248.25     (b) If the recipient fails to comply with the agreed 
248.26  abatement plan, the prosecuting attorney may initiate a 
248.27  complaint for relief in the district court consistent with 
248.28  paragraph (c). 
248.29     (c) Whenever a prosecuting attorney has cause to believe 
248.30  that a nuisance described in section 617.81, subdivision 2, 
248.31  exists within the jurisdiction the attorney serves, the 
248.32  prosecuting attorney may by verified petition seek a temporary 
248.33  injunction in district court in the county in which the alleged 
248.34  public nuisance exists, provided that at least 30 days have 
248.35  expired since service of the notice required under section 
248.36  617.81, subdivision 4.  No temporary injunction may be issued 
249.1   without a prior show cause notice of hearing to the respondents 
249.2   named in the petition and an opportunity for the respondents to 
249.3   be heard.  Upon proof of a nuisance described in section 617.81, 
249.4   subdivision 2, the court shall issue a temporary injunction.  
249.5   Any temporary injunction issued must describe the conduct to be 
249.6   enjoined. 
249.7      Sec. 10.  Minnesota Statutes 1996, section 617.85, is 
249.8   amended to read: 
249.9      617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
249.10     Where notice is provided under section 617.81, subdivision 
249.11  4, that an abatement of a nuisance is sought and the 
249.12  circumstances that are the basis for the requested abatement 
249.13  involved the acts of a commercial or residential tenant or 
249.14  lessee of part or all of a building, the owner of the building 
249.15  that is subject to the abatement proceeding may file before the 
249.16  court that has jurisdiction over the abatement proceeding a 
249.17  motion to cancel the lease or otherwise secure restitution of 
249.18  the premises from the tenant or lessee who has maintained or 
249.19  conducted the nuisance.  The owner may assign to the prosecuting 
249.20  attorney the right to file this motion.  In addition to the 
249.21  grounds provided in chapter 566, the maintaining or conducting 
249.22  of a nuisance as defined in section 617.81, subdivision 2, by a 
249.23  tenant or lessee, is an additional ground authorized by law for 
249.24  seeking the cancellation of a lease or the restitution of the 
249.25  premises.  Service of motion brought under this section must be 
249.26  served in a manner that is sufficient under the Rules of Civil 
249.27  Procedure or chapter 566. 
249.28     It is no defense to a motion under this section by the 
249.29  owner or the prosecuting attorney that the lease or other 
249.30  agreement controlling the tenancy or leasehold does not provide 
249.31  for eviction or cancellation of the lease upon the ground 
249.32  provided in this section. 
249.33     Upon a finding by the court that the tenant or lessee has 
249.34  maintained or conducted a nuisance in any portion of the 
249.35  building, the court shall order cancellation of the lease or 
249.36  tenancy and grant restitution of the premises to the owner.  The 
250.1   court must not order abatement of the premises if the court:  
250.2      (a) cancels a lease or tenancy and grants restitution of 
250.3   that portion of the premises to the owner; and 
250.4      (b) further finds that the acts constituting the nuisance 
250.5   as defined in section 617.81, subdivision 2, were committed by 
250.6   the tenant or lessee whose lease or tenancy has been canceled 
250.7   pursuant to this section and the tenant or lessee was not 
250.8   committing the acts in conjunction with or under the control of 
250.9   the owner. 
250.10     Sec. 11.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 
250.11  DATA.] 
250.12     The criminal and juvenile justice information policy group 
250.13  shall facilitate remote electronic access to public criminal 
250.14  history data by public defenders. 
250.15     Sec. 12.  [STUDY AND REPORT REQUIRED.] 
250.16     The commissioner of public safety shall complete a study 
250.17  and submit a report to the legislature pursuant to Minnesota 
250.18  Statutes, section 3.195, by February 1, 1998, including 
250.19  recommendations for legislation or other action that will: 
250.20     (1) decrease the sale of alcoholic beverages to, and the 
250.21  consumption of alcoholic beverages by pregnant women; 
250.22     (2) reduce the occurrence of fetal alcohol syndrome and 
250.23  fetal alcohol exposure; 
250.24     (3) encourage responsible alcoholic beverage sales and 
250.25  service to pregnant women by businesses that hold liquor 
250.26  licenses; and 
250.27     (4) heighten awareness of the importance of responsible use 
250.28  of alcohol by pregnant women of the state. 
250.29     Sec. 13.  [EFFECTIVE DATE.] 
250.30     Section 8 is effective the day following final enactment.