3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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;
and22.10 (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 otherperson 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. The38.15 court may reduce the amount of the minimum fine, surcharge, or38.16 assessment38.17 (b) If the defendant qualifies for the services of a public 38.18 defender or the court makes written findingsfinds 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 one46.15 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 timeis 46.17 guilty of a felony and may be sentenced to imprisonment for not 46.18 more than one yearthree 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) intentionallytakes 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 aerosol52.27 paint containing intoxicating substances, to a person under 1852.28 years of age, except as provided by law. This offense is a52.29 misdemeanor.It is alsoa 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 sell53.3 butane or butane lighters to anyone under the age of 18. This53.4 sign shall fulfill the requirements under this subdivisionis 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; or624.74; 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 mayshall 55.1 permit the prosecution to reply in rebuttal if the court55.2 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 be55.6 limited to a direct response to the misstatement of law or fact55.7 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, ora 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, ora 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, ora 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, ora 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, ora 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, AND64.17 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, andpublic 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 residence65.36 starts living at a new address, including changing residence to66.1 living in another state, the person shall give written notice of 66.2 the address of the new residencenew 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 is66.5 deemed to change residence when the offender remains at a new66.6 address for longer than three days and evinces an intent to take66.7 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 toshall disclose 71.20 informationto 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 following72.6 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 the72.33 offender's placement or residence in the facility. Upon72.34 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 good73.28 faith effort to concealnot disclose the identity of the victim73.29 orvictims of or witnesses to the offender's offenseoffenses. 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 providegive to the 74.5 appropriatelaw 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, paragraph77.35 (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; and81.31 (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 months90 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 appropriatea petition pursuant to section85.16 260.131 or 260.231to 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, clause86.2 (b)section 260.191, subdivision 3b, after the child has been in 86.3 foster care for 18six 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 ifon 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 appropriatespecial 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 before88.25 being adopted, adoptive parents and that relative may enter an88.26 agreement under this section regarding communication with or88.27 contact between a minor adoptee, adoptive parents, and a birth88.28 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 parentsrelative; 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. WhenNot 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; or94.33 (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 orany 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 or95.32 (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 lawfullegal 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 desirableappropriate, 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 or100.26 custodian shall give any waiver or offer any objection100.27 contemplated by this chapternot 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 a103.12 residential facility, as defined in section 257.071, subdivision103.13 1,The court shall conduct a hearing to determine the permanent 103.14 status of thea child not later than 12 months after the child 103.15 wasis 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 sectionsubdivision. 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 toin 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 orderedcompleted 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 determination105.9 of permanent placement to 18 months after the child was placed105.10 in a residential facility if:105.11 (1) there is a substantial probability that the child will105.12 be returned home within the next six months;105.13 (2) the agency has not made reasonable, or, in the case of105.14 an Indian child, active efforts, to correct the conditions that105.15 form the basis of the out-of-home placement; or105.16 (3) extraordinary circumstances exist precluding a105.17 permanent placement determination, in which case the court shall105.18 make written findings documenting the extraordinary105.19 circumstances and order one subsequent review after six months105.20 to determine permanent placement. A court finding that105.21 extraordinary circumstances exist precluding a permanent105.22 placement determination must be supported by detailed factual105.23 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.] WhenIf it is in the best 107.1 interests of the child or the child's parentsto do so and when107.2 eitherif 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. Such107.9 a continuance may be extended for one additional successive107.10 period not to exceed 90 days and only after the court has107.11 reviewed the case and entered its order for an additional107.12 continuance without a finding that the child is in need of107.13 protection or services or neglected and in foster care. During107.14 this continuance the court may enter any order otherwise107.15 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 years12 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 that110.7 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; or111.33 (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.] AThe 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 athe reported vehicle theft within 48 hours after the114.34 agency recovers the vehiclerecovering 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 howwhere 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 . The120.21 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; and122.1 (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 or124.4 (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 sectionand 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 this130.27 sectionowns 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 maymust consider , but is not bound130.35 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; and131.14 (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" also132.21 includes payment of compensation to a government entity that132.22 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" also133.18 includes payment of compensation to a government entity that133.19 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 ASSESSMENTS133.29 INVESTIGATIONS.] 133.30 Subdivision 1. [ DOMESTIC ABUSE ASSESSMENTINVESTIGATION.] 133.31 A presentence domestic abuse assessmentinvestigation must be 133.32 conducted and an assessmenta report submitted to the court by 133.33 the countycorrections agency responsible for administering the133.34 assessmentconducting 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 contain134.6 an evaluation of the convicted defendantdepartment 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 counselingprograms. 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 assessmentreport 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 counselingprogramming and 134.19 any aftercare found necessary by the assessmentinvestigation; 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-one134.25 counseling, a program or type of treatment that addresses mental134.26 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. [ ASSESSORCORRECTIONS AGENTS STANDARDS; RULES; 134.31 ASSESSMENTINVESTIGATION TIME LIMITS.] A domestic 134.32 abuse assessmentinvestigation 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 assessorcorrections 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 providingA corrections agent 135.3 conducting an assessmentinvestigation 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 shallinvestigation 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 the135.10 defendant's court appearance. The assessment must be completed135.11 no later than three weeks after the defendant's court date. 135.12 Subd. 4. [DOMESTIC ABUSE ASSESSMENTINVESTIGATION 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 assessmentinvestigation 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 assessmentinvestigation. 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 victims143.33 reparations boardvictim and witness advisory council shall make 143.34 grants to local law enforcement agenciesprosecutors 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; and144.6 (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 municipal144.16 police departmentattorney's office or victim assistance program 144.17 may apply to the boardcouncil 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 boardcouncil. The 144.20 application must be on forms and pursuant to procedures 144.21 developed by the boardcouncil. 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 boardcouncil. 144.25 Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 144.26 county sheriff or chief administrative officer of a municipal144.27 police department whoattorney's office or victim assistance 144.28 program that receives a grant under this section shall report144.29 all expenditures to the board on a quarterly basis. The sheriff144.30 or chief administrative officer shall alsofile an annual report 144.31 with the boardcouncil 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 19971999, the boardcouncil 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; and145.27 (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 19972001. 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 advice146.4 of the advisory council, andgovernor, shall serve in the 146.5 unclassified service at the pleasure of the commissioner146.6 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 andgovernor. 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 12, 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 or149.14 (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 appropriated151.19 from this account to the commissioner of corrections for a151.20 remote electronic alcohol monitoring pilot program. The151.21 unencumbered balance remaining in the first year of the biennium151.22 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 agency152.27 in initiating, furthering, or completing a criminal152.28 investigationfor 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 was156.11 dismissed or the juvenile was not found to have committed a156.12 gross misdemeanor or felony-level offense, the bureau and a156.13 person who received the data from the bureau shall destroy all156.14 data relating to the petition collected under paragraph (a).156.15 The bureau shall notify a person who received the data that the156.16 data must be destroyed.156.17 (c) The bureau shall retain data on a juvenile found to156.18 have committed a felony- or gross misdemeanor-level offense156.19 until the offender reaches the age of 28. If the offender156.20 commits a felony violation as an adult, the bureau shall retain156.21 the data for as long as the data would have been retained if the156.22 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 developmay 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 suchother identification 169.22 data as may berequested or required by the superintendent of 169.23 the bureau ;, of allthe following: 169.24 (1) persons arrested for a felony ,or gross misdemeanor , of169.25 all; 169.26 (2) juveniles committingarrested 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 suchthe 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 committingarrested for 170.11 or alleged to have committed targeted misdemeanor offenses ,170.12 including violent and enhanceable crimes,and 170.13 juveniles committingarrested 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. [ CONTENTTRAINING 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 thearson 172.18 training unit, in consultation with the bureau of criminal 172.19 apprehension, after consultation withthe state fire marshal, 172.20 the Minnesota peace officersofficer 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 ofa standardized 172.24 curriculum to be included in the training programs which shall172.25 be available to firefighters and peace officers from political172.26 subdivisions. The contentstandardized 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 superintendentarson 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, after173.12 consultation with the state fire marshal, the superintendentthe 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 and173.21 the superintendent ofarson training unit, in cooperation with 173.22 the bureau of criminal apprehension, in cooperation with the173.23 Minnesota board of peace officer standards and training,shall 173.24 encourage the establishment ofoffer 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 officersofficer standards and training shall173.31 report to the governor and legislature on the progress made in173.32 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 theproviding reimbursement ofto 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 bureauarson 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 bureauarson 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 each177.10 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 of177.12 themthe state fire marshal, chief assistant fire marshal, or 177.13 deputy state fire marshals, to testifyand 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 summarilypunished by the state fire178.18 marshal, chief assistant state fire marshal, or deputy state178.19 fire marshals as for contempt by a fine in a sum not exceeding178.20 $100 or be committed to the county jail until such time as such178.21 person may be willing to comply with any reasonable order made178.22 by the state fire marshal, chief assistant state fire marshal,178.23 or deputy state fire marshals, as provided in this chapterany 178.24 district court in the same manner as if the proceedings were 178.25 pending in that court, andsubject 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 board178.30 commissioner of public safety shall appoint an executive 178.31 director to serve in the unclassified service at the pleasure of 178.32 the boardcommissioner. 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 application179.4 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 subdivision179.19 subdivisions 2, subdivision3, 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 of181.19 the court, if there is one, otherwise by the commissioner of181.20 corrections. The officer conducting the presentence or181.21 predispositional investigation shall make reasonable and good181.22 faith efforts to contact the victim of that crime and to provide181.23 that victim with the information required under section181.24 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 summary182.7 hearings held upon reports and upon the sentence to be imposed182.8 upon the defendant in accordance with this section, section182.9 244.10, 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; and184.9 (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 the186.10 Minnesota security hospital, employed by the state or a local186.11 unit of government who experienceemployed 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 a186.15 facility for emergency medical carein the performance of their 186.16 duties; and186.17 (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 internal191.13 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 sectionsections 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 sectionsections 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 or194.25 agencies for correction or detention programs including those194.26 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 membershall 195.23 be compelled to testify or to produce evidence in any court195.24 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 child197.11 has attained the age of 18 years, the commissioner shall issue a197.12 warrant directed to any peace officer or parole or probation197.13 officer requiring that the fugitive be taken into immediate197.14 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 anany 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 3648 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, 19971999, 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 the208.9 amount charged a participating county for the costs of208.10 confinement shall not exceed the subsidy to which the county is208.11 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 increase208.14 in the amount charged to the counties exceed the percentage by208.15 which the appropriation for the purposes of sections 401.01 to208.16 401.16 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 assaults209.14 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 inflicts209.18 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. By210.36 July 31, 1997, the licensing and programming rulemaking process211.1 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 30December 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, and15, 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 30December 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, and15, 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, or15, 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, and15, and 16, and 213.16 who is at least 55 years old on the effective date of sections 213.17 11, 12, 14, and15, 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, and15, 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, 1997June 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; or233.17 (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 individualsadults 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 orunless 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 20245.3 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 DRUGS245.19 UNLAWFUL ACTIVITIES.] 245.20 Subdivision 1. [ COVENANT NOT TO ALLOW DRUGSTERMS 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 covenantscovenant that: 245.24 (1) the lessee or licenseeneither 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's246.1 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 this246.25 section, the court shall give priority to any unlawful detainer246.26 brought under section 504.181, or on the basis that the tenant246.27 is causing a nuisance or seriously endangers the safety of other246.28 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 betweenafter 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.