1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for the judicial 1.4 branch, public safety, public defense, corrections, 1.5 criminal justice, crime prevention programs, and other 1.6 related purposes; implementing, clarifying, and 1.7 modifying certain criminal and juvenile provisions; 1.8 prescribing, clarifying, and modifying certain penalty 1.9 provisions; modifying and enacting various arson 1.10 provisions; making various changes to the data privacy 1.11 laws; establishing, modifying, and expanding permanent 1.12 programs, pilot programs, grant programs, studies, 1.13 offices, strike forces, task forces, councils, 1.14 committees, and working groups; requiring reports; 1.15 providing for an adjustment to the soft body armor 1.16 reimbursement fund; authorizing the board on judicial 1.17 standards to award attorneys fees; changing the name 1.18 of the "superintendent" of the bureau of criminal 1.19 apprehension to the "director" of the bureau of 1.20 criminal apprehension; authorizing testing for HIV or 1.21 Hepatitis B under certain circumstances; requiring 1.22 employers of law enforcement officers to adopt a 1.23 protocol; permitting the sale of ten or fewer unused 1.24 hypodermic needles or syringes without a prescription; 1.25 providing for statewide arson training courses; 1.26 creating a criminal gang investigative data system; 1.27 requiring the department of corrections to submit an 1.28 annual performance report; expanding the commissioner 1.29 of corrections' authority to release inmates on 1.30 conditional medical release and the commissioner's 1.31 authority related to rules and guidelines; requiring 1.32 the department of corrections to amend a rule; ending 1.33 the state's operation of the Minnesota correctional 1.34 facility-Sauk Centre; requiring the commissioner of 1.35 administration to issue a request for proposals and 1.36 select a vendor to operate the facility; requiring the 1.37 commissioner of corrections to charge counties for 1.38 juveniles placed at the Minnesota correctional 1.39 facility-Red Wing and to develop admissions criteria 1.40 for the facility; striking the requirement that the 1.41 Minnesota correctional facility-Red Wing accept all 1.42 juveniles; establishing a state policy discouraging 1.43 the out-of-state placement of juveniles; lowering the 1.44 per se standard for alcohol concentration from 0.10 to 1.45 0.08 for adults, and to 0.04 for persons under 21 1.46 years of age, for driving motor vehicles, snowmobiles, 2.1 all-terrain vehicles, and motorboats while impaired, 2.2 as well as for criminal vehicular operation and 2.3 hunting; providing orders for protection in the case 2.4 of domestic abuse perpetrated by a minor; amending 2.5 Minnesota Statutes 1996, sections 13.99, by adding a 2.6 subdivision; 84.91, subdivision 1; 84.911, subdivision 2.7 1; 86B.331, subdivisions 1 and 4; 86B.335, subdivision 2.8 1; 97B.065, subdivision 1; 97B.066, subdivision 1; 2.9 119A.31, subdivision 1; 144.761, subdivisions 5 and 7; 2.10 144.762, subdivision 2, and by adding a subdivision; 2.11 144.765; 144.767, subdivision 1; 151.40; 152.01, 2.12 subdivision 18; 152.021, subdivisions 1 and 2; 2.13 152.022, subdivisions 1 and 2; 152.023, subdivision 2; 2.14 169.121, subdivisions 1, 2, and 10a; 169.123, 2.15 subdivisions 2, 4, 5a, and 6; 171.29, subdivision 2; 2.16 241.01, subdivision 3b; 242.19, subdivision 2; 242.32, 2.17 by adding a subdivision; 242.55; 244.05, subdivision 2.18 8; 244.17, subdivision 2; 256E.03, subdivision 2; 2.19 257.071, subdivisions 3, 4, and by adding 2.20 subdivisions; 257.072, subdivision 1; 259.41; 259.59, 2.21 by adding a subdivision; 259.67, subdivision 2; 2.22 260.012; 260.015, subdivisions 2a and 29; 260.131, 2.23 subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 2.24 4, and 8; 260.161, subdivisions 1, 1a, and by adding a 2.25 subdivision; 260.165, subdivisions 1 and 3; 260.171, 2.26 subdivision 2; 260.191, subdivisions 1, 3a, 3b, and 4; 2.27 260.192; 260.221, subdivisions 1 and 5; 260.241, 2.28 subdivisions 1 and 3; 299A.38, subdivision 2, and by 2.29 adding a subdivision; 299A.61, subdivision 1; 2.30 299C.065, subdivision 1; 299C.095; 299C.10, 2.31 subdivisions 1 and 4; 299C.13; 299F.051; 299F.06, 2.32 subdivisions 1 and 3; 326.3386, subdivision 3, and by 2.33 adding subdivisions; 363.073, subdivision 1; 401.13; 2.34 609.035, subdivision 1, and by adding a subdivision; 2.35 609.10; 609.101, subdivision 5; 609.115, subdivision 2.36 1; 609.125; 609.135, subdivision 1; 609.21, 2.37 subdivisions 1, 2, 2a, 2b, 3, 4, and 4a; 609.221; 2.38 609.748, subdivision 1; 609.902, subdivision 4; 2.39 611A.038; 611A.675; 611A.71, subdivision 5; 611A.74, 2.40 subdivisions 1, 3, and by adding a subdivision; and 2.41 611A.75; Laws 1995, chapter 226, article 2, section 2.42 37, subdivision 2; article 3, section 60, subdivision 2.43 4, and by adding a subdivision; and Laws 1996, chapter 2.44 408, article 8, sections 21; 22, subdivision 1; and 2.45 24; proposing coding for new law in Minnesota 2.46 Statutes, chapters 241; 242; 257; 259; 299A; 299C; 2.47 299F; 609; 611A; and 626; repealing Minnesota Statutes 2.48 1996, sections 119A.30; 242.51; 244.09, subdivision 2.49 11a; 259.33; and 299F.07. 2.50 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.51 ARTICLE 1 2.52 APPROPRIATIONS 2.53 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.54 The sums shown in the columns marked "APPROPRIATIONS" are 2.55 appropriated from the general fund, or another fund named, to 2.56 the agencies and for the purposes specified in this act, to be 2.57 available for the fiscal years indicated for each purpose. The 2.58 figures "1998" and "1999," where used in this act, mean that the 2.59 appropriation or appropriations listed under them are available 2.60 for the year ending June 30, 1998, or June 30, 1999, 3.1 respectively. 3.2 SUMMARY BY FUND 3.3 1998 1999 TOTAL 3.4 General $ 485,872,000 $ 496,978,000 $ 982,850,000 3.5 Environmental 42,000 43,000 85,000 3.6 Special Revenue 7,942,000 7,589,000 15,531,000 3.7 State Government 3.8 Special Revenue 7,000 7,000 14,000 3.9 Trunk Highway 1,557,000 1,587,000 3,144,000 3.10 TOTAL $ 495,420,000 $ 506,204,000 $1,001,624,000 3.11 APPROPRIATIONS 3.12 Available for the Year 3.13 Ending June 30 3.14 1998 1999 3.15 Sec. 2. SUPREME COURT 3.16 Subdivision 1. Total 3.17 Appropriation $ 21,642,000 $ 21,854,000 3.18 The amounts that may be spent from this 3.19 appropriation for each program are 3.20 specified in the following subdivisions. 3.21 Subd. 2. Supreme Court Operations 3.22 4,292,000 4,381,000 3.23 $2,500 the first year and $2,500 the 3.24 second year are for a contingent 3.25 account for expenses necessary for the 3.26 normal operation of the court for which 3.27 no other reimbursement is provided. 3.28 $80,000 the first year is for a grant 3.29 to a nonprofit organization for use as 3.30 a state match if the organization 3.31 receives federal funding to: 3.32 (1) acquire interactive multimedia 3.33 equipment for courtroom presentations 3.34 to aid in the prosecution of complex 3.35 homicide and child fatality cases; and 3.36 (2) retain a forensic pathologist 3.37 skilled in interactive multimedia 3.38 courtroom presentations to serve for 3.39 one year as a consultant to prosecutors 3.40 statewide. 3.41 $160,000 the first year is for grants 3.42 to develop projects that use innovative 3.43 and cost-effective means of providing 3.44 services to children within the child 3.45 protection system, including legal 3.46 counsel, guardians ad litem, and other 3.47 child and welfare services. Projects 3.48 may include those that facilitate the 3.49 coordination of public and private 3.50 resources and the use of volunteers and 3.51 existing community programs and 3.52 services in order to reduce the cost of 4.1 services. This sum is available until 4.2 June 30, 1999. 4.3 $240,000 the first year is to develop 4.4 and provide training programs and 4.5 materials for guardians ad litem. This 4.6 sum is available until June 30, 1999. 4.7 Subd. 3. Civil Legal Services 4.8 5,471,000 5,471,000 4.9 This appropriation is for legal service 4.10 to low-income clients and for family 4.11 farm legal assistance under Minnesota 4.12 Statutes, section 480.242. Any 4.13 unencumbered balance remaining in the 4.14 first year does not cancel but is 4.15 available for the second year of the 4.16 biennium. A qualified legal services 4.17 program, as defined in Minnesota 4.18 Statutes, section 480.24, subdivision 4.19 3, may provide legal services to 4.20 persons eligible for family farm legal 4.21 assistance under Minnesota Statutes, 4.22 section 480.242. 4.23 Subd. 4. Family Law Legal 4.24 Services 4.25 877,000 877,000 4.26 This appropriation is to improve the 4.27 access of low-income clients to legal 4.28 representation in family law matters 4.29 and must be distributed under Minnesota 4.30 Statutes, section 480.242, to the 4.31 qualified legal services programs 4.32 described in Minnesota Statutes, 4.33 section 480.242, subdivision 2, 4.34 paragraph (a). Any unencumbered 4.35 balance remaining in the first year 4.36 does not cancel and is available for 4.37 the second year of the biennium. 4.38 Subd. 5. State Court Administration 4.39 8,904,000 9,006,000 4.40 $1,399,000 the first year and 4.41 $1,399,000 the second year are for the 4.42 judicial branch justice information 4.43 network. This appropriation must be 4.44 included in the budget base for the 4.45 2000-2001 biennium. 4.46 Subd. 6. Community Dispute Resolution 4.47 95,000 95,000 4.48 Subd. 7. Victim Offender Mediation Grants 4.49 270,000 270,000 4.50 Subd. 8. Law Library Operations 4.51 1,733,000 1,754,000 4.52 $30,000 the first year and $30,000 the 4.53 second year are to supplement law 4.54 library resources. 5.1 Sec. 3. COURT OF APPEALS 6,149,000 6,199,000 5.2 $111,000 the first year and $59,000 the 5.3 second year are for a staff attorney, a 5.4 photocopier, and ergonomic chairs. 5.5 $80,000 the first year and $30,000 the 5.6 second year are to implement a video 5.7 hearing project. 5.8 Sec. 4. DISTRICT COURTS 71,613,000 72,678,000 5.9 $99,000 the first year and $93,000 the 5.10 second year are for increased 5.11 administrative support. 5.12 $800,000 the first year and $800,000 5.13 the second year are for increased 5.14 judicial support. 5.15 $500,000 the first year and $500,000 5.16 the second year are for operational 5.17 overhead in the Eighth Judicial 5.18 District. Of this appropriation, 5.19 $46,000 the first year and $47,000 the 5.20 second year must be used to hire a 5.21 Spanish interpreter. 5.22 $741,000 the first year and $30,000 the 5.23 second year are for a video pilot 5.24 project in the Ninth Judicial District. 5.25 Sec. 5. BOARD ON JUDICIAL 5.26 STANDARDS 337,000 228,000 5.27 $114,000 the first year is to award 5.28 costs and attorneys fees to eligible 5.29 judges under article 2, section 15. 5.30 This sum is available until June 30, 5.31 1999. 5.32 Sec. 6. TAX COURT 980,000 645,000 5.33 $350,000 the first year is for 5.34 enhancements to the court's information 5.35 system. 5.36 Sec. 7. PUBLIC SAFETY 5.37 Subdivision 1. Total 5.38 Appropriation 43,408,000 40,855,000 5.39 Summary by Fund 5.40 1998 1999 5.41 General 39,482,000 37,189,000 5.42 Special Revenue 2,320,000 2,029,000 5.43 Trunk Highway 1,557,000 1,587,000 5.44 Environmental 42,000 43,000 5.45 State Government 5.46 Special Revenue 7,000 7,000 5.47 The amounts that may be spent from this 5.48 appropriation for each program are 5.49 specified in the following subdivisions. 6.1 Subd. 2. Driver and Vehicle Services 6.2 164,000 144,000 6.3 $164,000 the first year and $144,000 6.4 the second year are for costs related 6.5 to the implementation of article 5. 6.6 Subd. 3. Emergency Management 6.7 1997 1998 1999 6.8 1,393,000 3,414,000 3,439,000 6.9 Summary by Fund 6.10 General 3,372,000 3,396,000 6.11 Environmental 42,000 43,000 6.12 The appropriation for fiscal year 1997 6.13 is added to the appropriation in Laws 6.14 1995, chapter 226, article 1, section 6.15 7, subdivision 2, to provide matching 6.16 funds for federal emergency management 6.17 assistance funds received for natural 6.18 disaster assistance payments. 6.19 Subd. 4. Criminal Apprehension 6.20 28,105,000 25,911,000 6.21 Summary by Fund 6.22 General 24,293,000 22,288,000 6.23 Special Revenue 2,248,000 2,029,000 6.24 Trunk Highway 1,557,000 1,587,000 6.25 State Government 6.26 Special Revenue 7,000 7,000 6.27 $75,000 the first year is for a grant 6.28 to Hennepin county. $75,000 the first 6.29 year is for a grant to the city of 6.30 Minneapolis and $50,000 the first year 6.31 is for a grant to the city of St. 6.32 Paul. These appropriations must be 6.33 used for costs associated with the 6.34 drugfire program. 6.35 $50,000 the first year and $50,000 the 6.36 second year are for grants under 6.37 Minnesota Statutes, section 299C.065, 6.38 subdivisions 1 and 1a. 6.39 $250,000 the first year and $250,000 6.40 the second year are for grants to local 6.41 governmental units that have incurred 6.42 costs implementing Minnesota Statutes, 6.43 section 244.052 or 244.10, subdivision 6.44 2a. Local governmental units shall 6.45 detail in their grant applications the 6.46 costs they have incurred along with any 6.47 other information required by the 6.48 commissioner. The commissioner shall 6.49 award grants in a manner that 6.50 reimburses local governmental units 6.51 demonstrating the greatest need. 7.1 $4,544,000 the first year and 7.2 $2,600,000 the second year are to 7.3 develop and implement the 7.4 infrastructure for a coordinated and 7.5 integrated statewide criminal and 7.6 juvenile justice information system. 7.7 Of this amount, $1,034,000 the first 7.8 year and $1,510,000 the second year 7.9 must be transferred to the supreme 7.10 court, and $70,000 the first year and 7.11 $70,000 the second year must be 7.12 transferred to the department of 7.13 corrections. 7.14 $4,086,000 the first year and 7.15 $4,086,000 the second year are to 7.16 implement article 3, to hire new agents 7.17 to fill existing vacancies, and for 7.18 overtime expenses. Of this amount: 7.19 (1) 82.87 percent are: 7.20 (i) for grants to the criminal gang 7.21 oversight council for the grants 7.22 authorized in Minnesota Statutes, 7.23 section 299A.628, subdivisions 1 and 2, 7.24 and to fund the organization and 7.25 operation of the strike force described 7.26 in Minnesota Statutes, section 7.27 299A.626; 7.28 (ii) to hire five new agents to replace 7.29 those assigned to the criminal gang 7.30 strike force; and 7.31 (iii) to develop the criminal gang 7.32 investigative data system; 7.33 (2) 14.68 percent is to hire ten new 7.34 agents to fill existing vacancies 7.35 statewide; and 7.36 (3) 2.45 percent is for overtime 7.37 expenses. 7.38 The commissioner may use part of the 7.39 appropriation described in clause (1) 7.40 to procure necessary equipment and pay 7.41 other expenses deemed necessary by the 7.42 criminal gang oversight council. 7.43 However, the commissioner shall seek to 7.44 minimize expenses related to equipment 7.45 by encouraging local entities to 7.46 contribute equipment and other support 7.47 to the strike force. 7.48 $172,000 the first year and $80,000 the 7.49 second year are for costs related to 7.50 the implementation of article 5. 7.51 Subd. 5. Fire Marshal 7.52 3,044,000 3,004,000 7.53 $300,000 the first year and $200,000 7.54 the second year are for expenses 7.55 related to article 6. The 7.56 superintendent of the bureau of 7.57 criminal apprehension shall hire an 7.58 additional forensic scientist to 7.59 process arson evidence samples. The 8.1 fire marshal shall transfer a 8.2 sufficient amount of money to the 8.3 attorney general for the attorney 8.4 general to hire an additional attorney 8.5 to specialize in arson prosecutions and 8.6 to train law enforcement, fire service, 8.7 and state fire marshal personnel on 8.8 legal issues related to arson crimes. 8.9 In addition, a portion of this 8.10 appropriation may be used to: 8.11 (1) hire an additional fire 8.12 investigator to be assigned to northern 8.13 Minnesota; 8.14 (2) retain mechanical, electrical, 8.15 engineering, or technical experts to 8.16 assist with determining the cause of 8.17 fires; 8.18 (3) reimburse members of the arson 8.19 strike force for their overtime, 8.20 travel, subsistence, and related costs 8.21 and to obtain professional expert 8.22 services or technical equipment that 8.23 are beyond the capabilities of the 8.24 strike force members; 8.25 (4) establish the arson training unit; 8.26 (5) establish the standardized arson 8.27 training curriculum; 8.28 (6) develop a fire scene preservation 8.29 video for distribution to fire 8.30 departments statewide; 8.31 (7) purchase an arson training trailer 8.32 equipped for use in training events and 8.33 available as a resource to the arson 8.34 strike force at major fires; 8.35 (8) develop and maintain an arson 8.36 resource library collection; 8.37 (9) communicate the importance of arson 8.38 training to law enforcement, fire 8.39 service, and prosecuting agencies; 8.40 (10) provide financial incentives to 8.41 encourage firefighters and peace 8.42 officers to participate in arson 8.43 training; 8.44 (11) establish and staff the statewide 8.45 juvenile firesetter intervention 8.46 network; 8.47 (12) develop and distribute the 8.48 comprehensive injury prevention 8.49 education curriculum; 8.50 (13) provide initial funding for the 8.51 annual training forum on juvenile 8.52 firesetting behavior and intervention 8.53 strategies; 8.54 (14) assist local fire departments in 8.55 collecting relevant data on 8.56 juvenile-related fire incidents for 8.57 inclusion in the fire incident 9.1 reporting system; 9.2 (15) provide the laboratory instruments 9.3 and training needed to process arson 9.4 evidence samples; and 9.5 (16) provide the supporting equipment 9.6 and services needed to use arson 9.7 evidence sample processing instruments. 9.8 By February 15, 1999, the fire marshal 9.9 shall report to the chairs of the 9.10 senate and house divisions having 9.11 jurisdiction over criminal justice 9.12 funding on how this appropriation was 9.13 spent. 9.14 Subd. 6. Alcohol and Gambling Enforcement 9.15 Summary by Fund 9.16 General 1,682,000 1,716,000 9.17 Special Revenue 72,000 -0- 9.18 Subd. 7. Crime Victims Services 9.19 2,197,000 2,205,000 9.20 $150,000 the first year and $150,000 9.21 the second year are for grants to the 9.22 crime victim and witness advisory 9.23 council to be used by the council for 9.24 the purposes specified in Minnesota 9.25 Statutes, section 611A.675. 9.26 Subd. 8. Crime Victims Ombudsman 9.27 425,000 422,000 9.28 Subd. 9. Law Enforcement and Community Grants 9.29 2,500,000 2,500,000 9.30 $2,500,000 the first year and 9.31 $2,500,000 the second year are for weed 9.32 and seed grants under Minnesota 9.33 Statutes, section 299A.63. 9.34 Subd. 10. Crime Prevention Innovation Office 9.35 1,635,000 1,289,000 9.36 $40,000 for the first year and $40,000 9.37 the second year are for the salaries of 9.38 the grant administrator position and 9.39 the support services position 9.40 authorized in Minnesota Statutes, 9.41 section 299A.70. 9.42 $75,000 the first year and $75,000 the 9.43 second year are for grants to the 9.44 northwest Hennepin human services 9.45 council to administer the northwest 9.46 community law enforcement project. 9.47 These sums are available until June 30, 9.48 1999. 9.49 $960,000 the first year and $960,000 9.50 the second year are for the cooperative 9.51 criminal justice grants described in 10.1 Minnesota Statutes, section 299A.72. 10.2 $250,000 the first year is for grants 10.3 to the city of St. Paul to be used by 10.4 the city to acquire and renovate a 10.5 building for a joint use police 10.6 storefront and youth activity center in 10.7 the north end area of St. Paul. 10.8 $75,000 the first year and $75,000 the 10.9 second year are for grants under 10.10 Minnesota Statutes, section 299A.74. 10.11 $125,000 the first year and $125,000 10.12 the second year are for grants to 10.13 Hennepin and Ramsey counties to 10.14 administer the community service pilot 10.15 project grant program described in 10.16 article 2, section 14. 10.17 $35,000 the first year and $14,000 the 10.18 second year are for the criminal alert 10.19 network to disseminate data regarding 10.20 the use of fraudulent checks; the 10.21 release of information regarding sex 10.22 offenders under Minnesota Statutes, 10.23 sections 244.052 and 244.10, 10.24 subdivision 2a, in a manner consistent 10.25 with the policies developed under Laws 10.26 1996, chapter 408, article 5, section 10.27 7; and the coordination of security and 10.28 antiterrorism efforts with the Federal 10.29 Bureau of Investigation. This money is 10.30 available only if the network 10.31 coordinator determines the expansion to 10.32 be feasible. If the coordinator 10.33 determines that one or more of the uses 10.34 are not feasible, the commissioner 10.35 shall reduce the amount spent 10.36 accordingly. 10.37 $75,000 the first year is for a grant 10.38 to the Fourth Judicial District to plan 10.39 for a family violence coordinating 10.40 council. 10.41 Subd. 11. Administration and Related Services 10.42 170,000 225,000 10.43 $7,000 the first year and $16,000 the 10.44 second year are to provide the 10.45 reimbursements described in Minnesota 10.46 Statutes, section 299A.38. 10.47 $62,000 the first year and $63,000 the 10.48 second year are for grants to the city 10.49 of St. Paul to provide support services 10.50 to the surviving family members of 10.51 homicide, suicide, and accidental death 10.52 victims. 10.53 $71,000 the first year and $146,000 the 10.54 second year are to be deposited into 10.55 the public safety officer's benefit 10.56 account. This money is available for 10.57 reimbursements under Minnesota 10.58 Statutes, section 299A.465. 10.59 $30,000 the first year is for the 10.60 firefighter training study committee 11.1 described in article 8, section 34. 11.2 Sec. 8. BOARD OF PRIVATE DETECTIVE 11.3 AND PROTECTIVE AGENT SERVICES 130,000 132,000 11.4 Sec. 9. BOARD OF PEACE OFFICER 11.5 STANDARDS AND TRAINING 3,707,000 3,591,000 11.6 This appropriation is from the peace 11.7 officers training account in the 11.8 special revenue fund. Any receipts 11.9 credited to the peace officer training 11.10 account in the special revenue fund in 11.11 the first year in excess of $3,707,000 11.12 must be transferred and credited to the 11.13 general fund. Any receipts credited to 11.14 the peace officer training account in 11.15 the special revenue fund in the second 11.16 year in excess of $3,591,000 must be 11.17 transferred and credited to the general 11.18 fund. 11.19 $100,000 the first year is for a grant 11.20 to Metropolitan State University to 11.21 develop a law enforcement library at 11.22 the university's center for criminal 11.23 justice and law enforcement. 11.24 $25,000 the first year is to hire a 11.25 consultant to develop a screening 11.26 examination for admission to a law 11.27 enforcement skills program. If there 11.28 are sufficient funds remaining after 11.29 developing the screening examination, 11.30 the consultant may develop a new 11.31 reciprocity examination. 11.32 By July 1, 1998, and each July 1 11.33 thereafter, the board shall report to 11.34 the chairs of the senate and house 11.35 divisions or committees having 11.36 jurisdiction over criminal justice 11.37 funding on the activities of the 11.38 minority recruiter and the outcomes 11.39 attributable to that position. 11.40 Sec. 10. BOARD OF PUBLIC DEFENSE 11.41 Subdivision 1. Total 11.42 Appropriation 42,258,000 42,561,000 11.43 None of this appropriation shall be 11.44 used to pay for lawsuits against public 11.45 agencies or public officials to change 11.46 social or public policy. 11.47 The amounts that may be spent from this 11.48 appropriation for each program are 11.49 specified in the following subdivisions. 11.50 Subd. 2. State Public 11.51 Defender 11.52 3,272,000 3,328,000 11.53 Subd. 3. District Public 11.54 Defense 11.55 38,003,000 38,238,000 11.56 $969,000 the first year and $969,000 12.1 the second year are for grants to the 12.2 five existing public defense 12.3 corporations under Minnesota Statutes, 12.4 section 611.216. 12.5 $63,000 the first year and $64,000 the 12.6 second year are for costs related to 12.7 the implementation of article 5. 12.8 Subd. 4. Board of Public 12.9 Defense 12.10 983,000 995,000 12.11 Sec. 11. AUTO THEFT PREVENTION BOARD 12.12 Subdivision 1. Total 12.13 Appropriation 1,865,000 1,869,000 12.14 This appropriation is from the 12.15 automobile theft prevention account in 12.16 the special revenue fund. 12.17 Sec. 12. CORRECTIONS 12.18 Subdivision 1. Total 12.19 Appropriation 295,718,000 307,986,000 12.20 The amounts that may be spent from this 12.21 appropriation for each program are 12.22 specified in the following subdivisions. 12.23 Any unencumbered balances remaining in 12.24 the first year do not cancel but are 12.25 available for the second year of the 12.26 biennium. 12.27 Positions and administrative money may 12.28 be transferred within the department of 12.29 corrections as the commissioner 12.30 considers necessary, upon the advance 12.31 approval of the commissioner of finance. 12.32 For the biennium ending June 30, 1999, 12.33 the commissioner of corrections may, 12.34 with the approval of the commissioner 12.35 of finance, transfer funds to or from 12.36 salaries. 12.37 The department may use up to $320,000 12.38 of dedicated receipts to construct a 12.39 new building for Thistledew Camp's new 12.40 wilderness endeavors program. The 12.41 building must provide a training and 12.42 juvenile dorm area plus storage for a 12.43 capacity of ten. 12.44 Subd. 2. Correctional 12.45 Institutions 12.46 181,800,000 191,331,000 12.47 During the biennium ending June 30, 12.48 1999, if it is necessary to reduce 12.49 services or staffing within a 12.50 correctional facility, the commissioner 12.51 or the commissioner's designee shall 12.52 meet with affected exclusive 12.53 representatives. The commissioner 12.54 shall make every reasonable effort to 12.55 retain correctional officer and prison 13.1 industry employees should reductions be 13.2 necessary. 13.3 The commissioner shall develop criteria 13.4 to designate geriatric and disabled 13.5 inmates eligible for transfer to 13.6 nursing facilities, including 13.7 state-operated facilities. Upon 13.8 certification by the commissioner that 13.9 a nursing facility can meet necessary 13.10 security requirements, the commissioner 13.11 may contract with the facility for the 13.12 placement and housing of eligible 13.13 geriatric and disabled inmates. 13.14 Inmates placed in a nursing facility 13.15 must meet the criteria specified in 13.16 Minnesota Statutes, section 244.05, 13.17 subdivision 8, and are considered to be 13.18 on conditional medical release. 13.19 $112,000 the first year and $113,000 13.20 the second year are to increase the 13.21 complement of the fugitive unit and to 13.22 increase the reward money used to 13.23 facilitate capture of fugitives. 13.24 $806,000 the first year and $1,789,000 13.25 the second year are to operate a work 13.26 program at Camp Ripley for adult male 13.27 nonviolent first-time and second-time 13.28 offenders under Minnesota Statutes, 13.29 section 241.277. 13.30 The commissioner may delay the start-up 13.31 of the proposed Brainerd facility until 13.32 July 1, 1999. 13.33 Subd. 3. Juvenile Services 13.34 15,853,000 11,792,000 13.35 $500,000 the first year is to renovate 13.36 two cottages at the Minnesota 13.37 correctional facility-Red Wing. 13.38 $300,000 the first year and $300,000 13.39 the second year are to establish a 13.40 weekend camp program at Camp Ripley 13.41 designed for first- or second-time male 13.42 juvenile offenders ages 11 to 14. The 13.43 commissioner shall develop eligibility 13.44 criteria for the program. The camp 13.45 must be a highly structured program and 13.46 teach work skills, such as 13.47 responsibility, organization, time 13.48 management, and follow through. The 13.49 juvenile offenders shall each develop a 13.50 community service plan that will be 13.51 implemented upon return to the 13.52 community. The program must receive 13.53 referrals from youth service agencies, 13.54 police, school officials, parents, and 13.55 the courts. 13.56 $2,042,000 the second year is to 13.57 transfer the sex offender program from 13.58 the Minnesota correctional 13.59 facility-Sauk Centre and operate it at 13.60 the Minnesota correctional facility-Red 13.61 Wing. 14.1 $667,000 the second year is for housing 14.2 and programming for female juvenile 14.3 offenders committed to the commissioner 14.4 of corrections. 14.5 $130,000 the first year and $130,000 14.6 the second year are to improve 14.7 aftercare services for juveniles 14.8 released from correctional facilities 14.9 by adding two professional and one 14.10 clerical positions. 14.11 The commissioner shall design the 14.12 juvenile support network to provide 14.13 aftercare services for these 14.14 offenders. The network must coordinate 14.15 support services in the community for 14.16 returning juveniles. Counties, 14.17 communities, and schools must develop 14.18 and implement the network. The 14.19 commissioner shall require aftercare 14.20 programs to be incorporated into 14.21 Community Corrections Act plans. 14.22 Subd. 4. Community Services 14.23 78,598,000 85,210,000 14.24 $6,000,000 the second year is for 14.25 juvenile residential treatment grants 14.26 to counties to defray the cost of 14.27 juvenile residential treatment. Eighty 14.28 percent of this appropriation must be 14.29 distributed to noncommunity corrections 14.30 act counties and 20 percent must be 14.31 distributed to community corrections 14.32 act counties. The commissioner shall 14.33 distribute the money according to the 14.34 formula contained in Minnesota 14.35 Statutes, section 401.10. By January 14.36 15, counties must submit a report to 14.37 the commissioner describing the 14.38 purposes for which the grants were used. 14.39 The money in the remote electronic 14.40 alcohol monitoring pilot program 14.41 account described in Minnesota 14.42 Statutes, section 171.29, subdivision 14.43 2, is appropriated the first year to 14.44 the commissioner of corrections for the 14.45 remote electronic alcohol monitoring 14.46 pilot program. 14.47 $60,000 the first year and $60,000 the 14.48 second year are for the electronic 14.49 alcohol monitoring of DWI and domestic 14.50 abuse offenders pilot program described 14.51 in article 2, section 11. 14.52 $95,000 the first year is to continue 14.53 the family group conferencing pilot 14.54 project in Dakota county and the First 14.55 Judicial District described in Laws 14.56 1996, chapter 408, article 2, section 9. 14.57 $125,000 the first year and $125,000 14.58 the second year are for grants to 14.59 Dakota county to be used for the 14.60 school-based probation pilot project 14.61 described in article 2, section 13. 15.1 $125,000 the first year and $125,000 15.2 the second year is to be distributed to 15.3 the Dodge-Fillmore-Olmstead community 15.4 corrections agency for use in a pilot 15.5 project to expand the agency's 15.6 productive day initiative program, as 15.7 defined in Minnesota Statutes, section 15.8 241.275, to include juvenile offenders 15.9 who are 16 years of age and older. 15.10 $50,000 the first year and $50,000 the 15.11 second year are for grants to Hennepin 15.12 county to establish and implement a 15.13 pilot project restorative justice 15.14 program. This pilot program must be 15.15 modeled on the program described in 15.16 article 2, section 16. 15.17 $1,686,000 the first year and 15.18 $1,686,000 the second year are for a 15.19 statewide probation and supervised 15.20 release caseload reduction grant 15.21 program. Counties that deliver 15.22 correctional services through Minnesota 15.23 Statutes, chapter 260, and that qualify 15.24 for new probation officers under this 15.25 program shall receive full 15.26 reimbursement for the officers' 15.27 salaries and reimbursement for the 15.28 officers' benefits and support as set 15.29 forth in the probations standards task 15.30 force report, not to exceed $70,000 per 15.31 officer annually. Positions funded by 15.32 this appropriation may not supplant 15.33 existing services. Position control 15.34 numbers for these positions must be 15.35 annually reported to the commissioner 15.36 of corrections. 15.37 In fiscal year 1998, the commissioner 15.38 shall distribute money appropriated for 15.39 state and county probation officer 15.40 caseload reduction, increased intensive 15.41 supervised release and probation 15.42 services, and county probation officer 15.43 reimbursement according to the formula 15.44 contained in Minnesota Statutes, 15.45 section 401.10. These appropriations 15.46 may not be used to supplant existing 15.47 state or county probation officer 15.48 positions or existing correctional 15.49 services or programs. The money 15.50 appropriated under this provision is 15.51 intended to reduce state and county 15.52 probation officer workload overcrowding 15.53 and to increase supervision of 15.54 individuals sentenced to probation at 15.55 the county level. This increased 15.56 supervision may be accomplished through 15.57 a variety of methods, including but not 15.58 limited to: (1) innovative technology 15.59 services, such as automated probation 15.60 reporting systems and electronic 15.61 monitoring; (2) prevention and 15.62 diversion programs; (3) 15.63 intergovernmental cooperation 15.64 agreements between local governments 15.65 and appropriate community resources; 15.66 and (4) traditional probation program 15.67 services. 16.1 $300,000 the first year and $300,000 16.2 the second year are for grants to 16.3 judicial districts to establish new 16.4 drug court programs or to expand 16.5 existing programs. 16.6 All money received by the commissioner 16.7 of corrections for the domestic abuse 16.8 assessment fee under Minnesota 16.9 Statutes, section 609.2244, is 16.10 available for use by the commissioner 16.11 and is appropriated annually to the 16.12 commissioner for costs related to 16.13 conducting the assessments. 16.14 $52,500 of the amount appropriated to 16.15 the commissioner in Laws 1995, chapter 16.16 226, article 1, section 11, subdivision 16.17 3, for the criterion-related 16.18 cross-validation study is available 16.19 until January 1, 1998. The study must 16.20 be completed by January 1, 1998. 16.21 Subd. 5. Crime Victim and 16.22 Prevention Services 16.23 10,044,000 10,042,000 16.24 $80,000 the first year and $60,000 the 16.25 second year are to implement a victim 16.26 notification system designed to reduce 16.27 the probability of further harassment 16.28 of the victim. The system must allow 16.29 the victim to make toll-free calls to a 16.30 call center and obtain information 16.31 about inmates regarding their current 16.32 status and location. 16.33 Subd. 6. Management Services 16.34 9,423,000 9,611,000 16.35 During the biennium ending June 30, 16.36 1999, when awarding grants for victim's 16.37 programs and services, the commissioner 16.38 shall give priority to geographic areas 16.39 that are unserved or underserved by 16.40 programs or services. 16.41 Sec. 13. CORRECTIONS OMBUDSMAN 565,000 580,000 16.42 Sec. 14. SENTENCING GUIDELINES 16.43 COMMISSION 435,000 445,000 16.44 Sec. 15. HUMAN RIGHTS 16.45 Subdivision 1. Total 16.46 Appropriation 3,773,000 3,810,000 16.47 Summary by Fund 16.48 1998 1999 16.49 General 3,723,000 3,710,000 16.50 Special Revenue 50,000 100,000 16.51 The amounts that may be spent from this 16.52 appropriation for each program are 16.53 specified in the following subdivisions. 17.1 $50,000 the first year is to develop 17.2 and implement an effective program for 17.3 testing whether Minnesota Statutes, 17.4 chapter 363, is being complied with in 17.5 the area of rental housing. The 17.6 program must include tests to determine 17.7 the frequency of incidents of racial 17.8 discrimination. By January 15, 1998, 17.9 the department shall report to the 17.10 chairs of the senate and house 17.11 divisions having jurisdiction over 17.12 criminal justice funding on the results 17.13 and effectiveness of the program. 17.14 By July 1, 1997, and every six months 17.15 thereafter, the commissioner shall 17.16 report the following information to the 17.17 chairs of the senate and house 17.18 divisions having jurisdiction over 17.19 criminal justice funding: 17.20 (1) the number of cases filed and the 17.21 percentage still open; 17.22 (2) the distribution of filed cases by 17.23 alleged area and basis of 17.24 discrimination; 17.25 (3) the number of open cases in the 17.26 department's inventory and an inventory 17.27 breakdown by case age; 17.28 (4) the average caseload per full-time 17.29 enforcement officer; 17.30 (5) the number of cases closed during 17.31 the preceding six months; 17.32 (6) the breakdown of closed cases, 17.33 including the percentages that were 17.34 dismissed, withdrawn, closed after a 17.35 probable cause determination, closed 17.36 after no probable cause was found, or 17.37 settled; 17.38 (7) the average length of time to 17.39 dismiss a case; 17.40 (8) the average length of time to issue 17.41 a probable cause determination; 17.42 (9) the number and percentage of filed 17.43 cases in the preceding six months 17.44 recommended for ADR; 17.45 (10) the number of cases resolved in 17.46 ADR and the average length of time in 17.47 ADR; and 17.48 (11) the number of cases returned from 17.49 ADR for department investigation. 17.50 Subd. 2. Contract Compliance 17.51 Summary by Fund 17.52 General 346,000 315,000 17.53 Special Revenue 50,000 100,000 17.54 Subd. 3. Complaint Processing 18.1 2,625,000 2,679,000 18.2 Subd. 4. Management Services and Administration 18.3 752,000 716,000 18.4 Sec. 16. UNIFORM LAWS COMMISSION 35,000 36,000 18.5 Sec. 17. ECONOMIC SECURITY 1,000,000 1,000,000 18.6 $1,000,000 the first year and 18.7 $1,000,000 the second year are for 18.8 grants to cities of the first class 18.9 that demonstrate a need for creating 18.10 and expanding curfew enforcement, 18.11 truancy prevention, and pretrial 18.12 diversion programs. Programs funded 18.13 under this provision must have clearly 18.14 established neighborhood, community, 18.15 and family outcome measures of success 18.16 and must report to the commissioner on 18.17 the achievement of these outcomes on or 18.18 before June 30, 1999. This 18.19 appropriation may not be added to the 18.20 department's budget base for the 18.21 2000-2001 biennium. 18.22 Sec. 18. ATTORNEY GENERAL 250,000 250,000 18.23 $250,000 the first year and $250,000 18.24 the second year are for the advisory 18.25 council on drug abuse resistance 18.26 education for drug abuse resistance 18.27 education programs under Minnesota 18.28 Statutes, section 299A.331, to be used 18.29 to continue existing education programs 18.30 in elementary schools and to expand the 18.31 program into junior and senior high 18.32 schools throughout the state. Of this 18.33 amount, up to $25,000 may be used for 18.34 follow-up DARE evaluation study. The 18.35 advisory council may also use an 18.36 appropriate portion of this 18.37 appropriation for the administrative 18.38 expenses of the vendor selected to 18.39 administer the grants. 18.40 Sec. 19. HEALTH 70,000 -0- 18.41 $70,000 is for a grant to the institute 18.42 for child and adolescent sexual health 18.43 to expand the network process among 18.44 those who work with sexual abusers, 18.45 those who work with victims of sexual 18.46 aggression, and those who provide 18.47 prevention-oriented education. This 18.48 expansion must include: 18.49 (1) increased size and usage of the 18.50 Resource Center/Public Information 18.51 Service; and 18.52 (2) creation of a referral service for 18.53 information on sexual health promotion 18.54 and sexual violence prevention, 18.55 specifically targeted toward child and 18.56 adolescent populations. 18.57 The expanded network must be designed 18.58 to resolve gaps and obstacles in the 18.59 delivery of services to those children 19.1 affected by sexual aggression. 19.2 ARTICLE 2 19.3 CRIME PREVENTION AND COMMUNITY 19.4 SAFETY PROGRAMS 19.5 Section 1. Minnesota Statutes 1996, section 119A.31, 19.6 subdivision 1, is amended to read: 19.7 Subdivision 1. [PROGRAMS.] The commissioner shall, in 19.8 consultation with the chemical abuse and violence prevention 19.9 council, administer a grant program to fund community-based 19.10 programs that are designed to enhance the community's sense of 19.11 personal security and to assist the community in its crime 19.12 control and prevention efforts. Examples of qualifying programs 19.13 include, but are not limited to, the following: 19.14 (1) community-based programs designed to provide services 19.15 for children aged 8 to 13 who are juvenile offenders or who are 19.16 at risk of becoming juvenile offenders. The programs must give 19.17 priority to: 19.18 (i) juvenile restitution; 19.19 (ii) prearrest or pretrial diversion, including through 19.20 mediation; 19.21 (iii) probation innovation; 19.22 (iv) teen courts, community service; or 19.23 (v) post incarceration alternatives to assist youth in 19.24 returning to their communities; 19.25 (2) community-based programs designed to provide at-risk 19.26 children and youth aged 8 to 13 with after-school and summer 19.27 enrichment activities; 19.28 (3) community-based programs designed to discourage young 19.29 people from involvement in unlawful drug or street gang 19.30 activities, such as neighborhood youth centers; 19.31 (4) community-based programs designed to conduct research 19.32 on street gang culture and, based on this research, develop 19.33 effective prevention and intervention techniques to help youth 19.34 avoid or end their street gang involvement; 19.35 (5) neighborhood block clubs and innovative community-based 19.36 crime prevention programs; 20.1
(5)(6) community- and school-based programs designed to 20.2 enrich the educational, cultural, or recreational opportunities 20.3 of at-risk children and youth, including programs designed to 20.4 keep at-risk youth from dropping out of school and encourage 20.5 school dropouts to return to school; 20.6 (6)(7) community-based programs designed to intervene with 20.7 juvenile offenders who are identified as likely to engage in 20.8 repeated criminal activity in the future unless intervention is 20.9 undertaken; 20.10 (7)(8) community-based collaboratives that coordinate 20.11 multiple programs and funding sources to address the needs of 20.12 at-risk children and youth, including, but not limited to, 20.13 collaboratives that address the continuum of services for 20.14 juvenile offenders and those who are at risk of becoming 20.15 juvenile offenders; 20.16 (8)(9) programs that are proven successful at increasing 20.17 the rate of school success or the rate of post-secondary 20.18 education attendance for high-risk students; 20.19 (9)(10) community-based programs that provide services to 20.20 homeless youth; 20.21 (10)(11) programs designed to reduce truancy; and 20.22 (11)(12) other community- and school-based crime 20.23 prevention programs that are innovative and encourage 20.24 substantial involvement by members of the community served by 20.25 the program. 20.26 Sec. 2. Minnesota Statutes 1996, section 171.29, 20.27 subdivision 2, is amended to read: 20.28 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 20.29 license has been revoked as provided in subdivision 1, except 20.30 under section 169.121 or 169.123, shall pay a $30 fee before the 20.31 driver's license is reinstated. 20.32 (b) A person whose driver's license has been revoked as 20.33 provided in subdivision 1 under section 169.121 or 169.123 shall 20.34 pay a $250 fee plus a $10 surcharge before the driver's license 20.35 is reinstated. The $250 fee is to be credited as follows: 20.36 (1) Twenty percent shall be credited to the trunk highway 21.1 fund. 21.2 (2) Fifty-five percent shall be credited to the general 21.3 fund. 21.4 (3) Eight percent shall be credited to a separate account 21.5 to be known as the bureau of criminal apprehension account. 21.6 Money in this account may be appropriated to the commissioner of 21.7 public safety and the appropriated amount shall be apportioned 21.8 80 percent for laboratory costs and 20 percent for carrying out 21.9 the provisions of section 299C.065. 21.10 (4) Twelve percent shall be credited to a separate account 21.11 to be known as the alcohol-impaired driver education account. 21.12 Money in the account may be appropriated to the commissioner of 21.13 children, families, and learning for programs in elementary and 21.14 secondary schools. 21.15 (5) Five percent shall be credited to a separate account to 21.16 be known as the traumatic brain injury and spinal cord injury 21.17 account. $100,000 is annually appropriated from the account to 21.18 the commissioner of human services for traumatic brain injury 21.19 case management services. The remaining money in the account is 21.20 annually appropriated to the commissioner of health to establish 21.21 and maintain the traumatic brain injury and spinal cord injury 21.22 registry created in section 144.662 and to reimburse the 21.23 commissioner of economic security for the reasonable cost of 21.24 services provided under section 268A.03, clause (o). 21.25 (c) The $10 surcharge shall be credited to a separate 21.26 account to be known as the remote electronic alcohol monitoring 21.27 pilot program account. Up to $250,000 is annually appropriated21.28 from this account to the commissioner of corrections for a21.29 remote electronic alcohol monitoring pilot program. The21.30 unencumbered balance remaining in the first year of the biennium21.31 does not cancel but is available for the second year.21.32 Sec. 3. Minnesota Statutes 1996, section 299A.38, 21.33 subdivision 2, is amended to read: 21.34 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers 21.35 and heads of local law enforcement agencies who buy vests for 21.36 the use of peace officer employees may apply to the commissioner 22.1 for reimbursement of funds spent to buy vests. On approving an 22.2 application for reimbursement, the commissioner shall pay the 22.3 applicant an amount equal to the lesser of one-half of the 22.4 vest's purchase price or $300, as adjusted according to 22.5 subdivision 2a. The political subdivision that employs the 22.6 peace officer shall pay at least the lesser of one-half of the 22.7 vest's purchase price or $300, as adjusted according to 22.8 subdivision 2a. The political subdivision may not deduct or pay 22.9 its share of the vest's cost from any clothing, maintenance, or 22.10 similar allowance otherwise provided to the peace officer by the 22.11 law enforcement agency. 22.12 Sec. 4. Minnesota Statutes 1996, section 299A.38, is 22.13 amended by adding a subdivision to read: 22.14 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 22.15 1, 1997, the commissioner of public safety shall adjust the $300 22.16 reimbursement amounts specified in subdivision 2, and in each 22.17 subsequent year, on October 1, the commissioner shall adjust the 22.18 reimbursement amount applicable immediately preceding that 22.19 October 1 date. The adjusted rate must reflect the annual 22.20 percentage change in the Consumer Price Index for all urban 22.21 consumers, published by the federal Bureau of Labor Statistics, 22.22 occurring in the one-year period ending on the preceding June 1. 22.23 Sec. 5. Minnesota Statutes 1996, section 299A.61, 22.24 subdivision 1, is amended to read: 22.25 Subdivision 1. [ESTABLISHMENT.] The commissioner of public 22.26 safety, in cooperation with the commissioner of administration, 22.27 shall develop and maintain an integrated criminal alert network 22.28 to facilitate the communication of crime prevention information 22.29 by electronic means among state agencies, law enforcement 22.30 officials, and the private sector. The network shall 22.31 disseminate data regarding the commission of crimes, including 22.32 information on missing and endangered children, and attempt to 22.33 reduce theft and other crime by the use of electronic 22.34 transmission of information. In addition, the network 22.35 coordinator shall evaluate the feasibility of using the network 22.36 to disseminate data regarding the use of fraudulent checks; the 23.1 release of information regarding sex offenders under sections 23.2 244.052 and 244.10, subdivision 2a, in a manner consistent with 23.3 the policies developed under Laws 1996, chapter 408, article 5, 23.4 section 7; and the coordination of security and antiterrorism 23.5 efforts with the Federal Bureau of Investigation. If the 23.6 coordinator determines that one or more of these uses are 23.7 feasible, the coordinator shall ensure that the network 23.8 disseminates data in the area or areas determined to be feasible. 23.9 Sec. 6. [299A.70] [CRIME PREVENTION INNOVATION OFFICE.] 23.10 The office of crime prevention innovation is an office in 23.11 the department of public safety. The office is responsible for 23.12 administering the grant programs in sections 299A.72 to 23.13 299A.74. The commissioner may employ one person to administer 23.14 these grants and one person to provide support services. 23.15 Sec. 7. [299A.72] [COOPERATIVE CRIMINAL JUSTICE GRANTS.] 23.16 Subdivision 1. [ELIGIBLE APPLICANTS; PROCEDURES.] (a) Two 23.17 or more local units of government, two or more local law 23.18 enforcement agencies, or at least one local unit of government 23.19 in cooperation with at least one business, neighborhood or 23.20 business association, school-based organization, or combination 23.21 of those entities may apply to the commissioner for a grant to 23.22 develop an innovative, cooperative crime prevention project. 23.23 The application must state what other sources of funding have 23.24 been considered by the applicants to implement the project and 23.25 explain why it is not possible to complete the project without 23.26 assistance. The commissioner may not award a grant if the 23.27 commissioner determines that the applicants could complete the 23.28 project without assistance. The applicants shall submit a copy 23.29 of the application to the exclusive representatives certified 23.30 under section 179A.12 to represent employees who provide any 23.31 service or program that might be affected by the application. 23.32 (b) The application must include plans to implement the 23.33 proposed project fully. A copy of the work product for which 23.34 the grant was provided must be provided to the commissioner upon 23.35 completion of the implementation, and the commissioner may 23.36 disseminate it to other local units of government or interested 24.1 groups. If the commissioner finds that a grantee has failed to 24.2 implement a project according to the terms of the agreement 24.3 awarding the grant, the commissioner may require the grantee to 24.4 repay all or a portion of the grant. The amount of a grant 24.5 under this section may not exceed $50,000. 24.6 Subd. 2. [CONTENTS; PURPOSES.] (a) An application under 24.7 this section must have as its purpose, and specifically address, 24.8 the following goals: 24.9 (1) to make the community safe; 24.10 (2) to sanction offenders with productive punishment and to 24.11 hold them responsible to the victim and the community; 24.12 (3) to solve crime-related community problems in a 24.13 proactive manner; 24.14 (4) to involve victims actively in guiding the activities 24.15 of anticrime systems in terms of selecting specific projects; 24.16 (5) to prepare offenders for safe release and positive 24.17 involvement in the community through education, job training, 24.18 and other appropriate treatment; and 24.19 (6) to encourage the active involvement of community 24.20 partners, such as schools, businesses, and organizations. 24.21 (b) To be eligible for a grant under this section, a 24.22 proposed project must be comprehensive, involving at least three 24.23 of the following five criminal justice areas: 24.24 (1) community policing; 24.25 (2) community prosecution; 24.26 (3) community courts; 24.27 (4) community corrections; and 24.28 (5) community victim impact initiatives. 24.29 Subd. 3. [REVIEW PROCESS.] Before awarding grants under 24.30 this section, the commissioner shall present grant applications 24.31 to the working group described in subdivision 4. In addition to 24.32 any other factors deemed appropriate by the group, the group 24.33 shall consider the extent to which an application involves 24.34 cooperative efforts and meets the criteria in subdivision 2. 24.35 The working group shall make recommendations on awarding grants 24.36 to the commissioner which the commissioner shall consider before 25.1 awarding grants. 25.2 Subd. 4. [WORKING GROUP.] The commissioner shall convene a 25.3 working group to make recommendations on grant applications. 25.4 The working group consists of: 25.5 (1) one majority and one minority member of the senate, 25.6 appointed by the subcommittee on committees; 25.7 (2) one majority and one minority member of the house of 25.8 representatives, appointed by the speaker; 25.9 (3) a county attorney; 25.10 (4) a public defender; 25.11 (5) a probation officer; 25.12 (6) a representative of a law enforcement agency; and 25.13 (7) a local government official. 25.14 Except for the legislative members, the commissioner shall 25.15 select the members of the working group. 25.16 Sec. 8. [299A.74] [GRANT PROGRAM FOR VIOLENCE PREVENTION 25.17 THROUGH THE DEVELOPMENT OF PLAYS, WORKSHOPS, AND EDUCATIONAL 25.18 RESOURCES.] 25.19 Subdivision 1. [GRANT PROGRAM.] The commissioner shall 25.20 administer a grant program to fund statewide programs to create 25.21 and develop theatrical plays, workshops, and educational 25.22 resources based on peer education models that promote increased 25.23 awareness and prevention of sexual abuse, interpersonal 25.24 violence, emotional violence, and sexual harassment. Programs 25.25 eligible for grants must use a combination of theater 25.26 professionals and prevention specialists in the delivery of the 25.27 service and use a peer education model that uses researched and 25.28 proven content in training youth to perform in the plays and 25.29 workshops. Programs must provide the source material, provide 25.30 the training program, develop the educational materials, and 25.31 provide technical assistance. 25.32 Subd. 2. [GRANT PROCEDURE.] Programs may apply for a grant 25.33 by submitting an application to the commissioner. The 25.34 commissioner may distribute grants to one or more programs 25.35 meeting the criteria described in subdivision 1. 25.36 Sec. 9. Minnesota Statutes 1996, section 299C.065, 26.1 subdivision 1, is amended to read: 26.2 Subdivision 1. [GRANTS.] The commissioner of public safety 26.3 shall make grants to local officials for the following purposes: 26.4 (1) the cooperative investigation of cross jurisdictional 26.5 criminal activity relating to the possession and sale of 26.6 controlled substances; 26.7 (2) receiving or selling stolen goods; 26.8 (3) participating in gambling activities in violation of 26.9 section 609.76; 26.10 (4) violations of section 609.322, 609.323, or any other 26.11 state or federal law prohibiting the recruitment, 26.12 transportation, or use of juveniles for purposes of 26.13 prostitution; and26.14 (5) for partial reimbursement of local costs associated 26.15 with unanticipated, intensive, long-term, multijurisdictional 26.16 criminal investigations that exhaust available local resources, 26.17 except that the commissioner may not reimburse the costs of a 26.18 local investigation involving a child who is reported to be 26.19 missing and endangered unless the law enforcement agency 26.20 complies with section 299C.53 and the agency's own investigative 26.21 policy; and 26.22 (6) for partial reimbursement of local costs associated 26.23 with criminal investigations into the activities of violent 26.24 criminal gangs and gang members. 26.25 Sec. 10. Minnesota Statutes 1996, section 611A.675, is 26.26 amended to read: 26.27 611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 26.28 Subdivision 1. [GRANTS AUTHORIZED.] The crime victims26.29 reparations boardvictim and witness advisory council shall make 26.30 grants to local law enforcement agenciesprosecutors and victim 26.31 assistance programs for the purpose of providing emergency 26.32 assistance to victims. As used in this section, "emergency 26.33 assistance" includes but is not limited to: 26.34 (1) replacement of necessary property that was lost, 26.35 damaged, or stolen as a result of the crime; 26.36 (2) purchase and installation of necessary home security 27.1 devices; and27.2 (3) transportation to locations related to the victim's 27.3 needs as a victim, such as medical facilities and facilities of 27.4 the criminal justice system; and 27.5 (4) cleanup of the crime scene. 27.6 Subd. 2. [APPLICATION FOR GRANTS.] A city or county 27.7 sheriff or the chief administrative officer of a municipal27.8 police departmentattorney's office or victim assistance program 27.9 may apply to the boardcouncil for a grant for any of the 27.10 purposes described in subdivision 1 or for any other emergency 27.11 assistance purpose approved by the boardcouncil. The 27.12 application must be on forms and pursuant to procedures 27.13 developed by the boardcouncil. The application must describe 27.14 the type or types of intended emergency assistance, estimate the 27.15 amount of money required, and include any other information 27.16 deemed necessary by the boardcouncil. 27.17 Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 27.18 county sheriff or chief administrative officer of a municipal27.19 police department whoattorney's office or victim assistance 27.20 program that receives a grant under this section shall report27.21 all expenditures to the board on a quarterly basis. The sheriff27.22 or chief administrative officer shall alsofile an annual report 27.23 with the boardcouncil itemizing the expenditures made during 27.24 the preceding year, the purpose of those expenditures, and the 27.25 ultimate disposition, if any, of each assisted victim's criminal 27.26 case. 27.27 Subd. 4. [REPORT TO LEGISLATURE.] On or before February 1, 27.28 19971999, the boardcouncil shall report to the chairs of the 27.29 senate crime prevention and house of representatives judiciary 27.30 committees on the implementation, use, and administration of the 27.31 grant program created under this section. 27.32 Sec. 11. Laws 1995, chapter 226, article 2, section 37, 27.33 subdivision 2, is amended to read: 27.34 Subd. 2. [PILOT PROGRAM ESTABLISHED.] In cooperation with 27.35 the conference of chief judges, the state court administrator, 27.36 and the commissioner of public safety, the commissioner of 28.1 corrections shall establish a three-year pilot program to 28.2 evaluate the effectiveness of using breath analyzer units to 28.3 monitor DWI and domestic abuse offenders who are ordered to 28.4 abstain from alcohol use as a condition of pretrial release, 28.5 supervised release, or probation. The pilot program must 28.6 include procedures ensuring that violators of this condition of 28.7 release receive swift consequences for the violation. 28.8 The commissioner of corrections shall select at least two 28.9 judicial districts to participate in the pilot program. 28.10 Offenders who are ordered to use a breath analyzer unit shall 28.11 also be ordered to pay the per diem cost of the monitoring 28.12 unless the offender is indigent. The commissioner of 28.13 corrections shall reimburse the judicial districts for any costs 28.14 the districts incur in participating in the program. 28.15 After three years, the commissioner of corrections shall 28.16 evaluate the effectiveness of the program and shall report the 28.17 results of this evaluation to the conference of chief judges, 28.18 the state court administrator, the commissioner of public 28.19 safety, and the chairs of the house of representatives and 28.20 senate committees having jurisdiction over criminal justice 28.21 policy and finance. 28.22 Sec. 12. [EXAMPLES.] 28.23 (a) This section provides examples of programs that would 28.24 meet the requirements for community policing, community 28.25 prosecution, community courts, community corrections, and 28.26 community victim impact initiatives, required by Minnesota 28.27 Statutes, section 299A.72, subdivision 2. The examples are 28.28 illustrative only and do not limit the scope of projects that 28.29 might meet the requirements of the subdivision. 28.30 (b) Community policing could include the control of parks 28.31 and schools by visible presence of police officers, the presence 28.32 of probation officers in police patrol cars to identify 28.33 probationers and facilitate quick apprehension of probationers 28.34 violating the probation or supervised release terms, or 28.35 antitruancy units charged with picking up truants and returning 28.36 them to school. 29.1 (c) Community prosecution could include neighborhood 29.2 prosecutors working with citizens and police to find ways to 29.3 control threats to neighborhood public safety and to suggest 29.4 legal measures to combat neighborhood nuisances such as problem 29.5 properties. 29.6 (d) Community courts could include localized courts staffed 29.7 with judges familiar with the neighborhood and its concerns and 29.8 able to recognize repeat offenders or specialized courts such as 29.9 teen courts or night courts to provide immediate responses to 29.10 night offenses. 29.11 (e) Community corrections could involve locally supervised 29.12 restitution programs, including full restitution to victims, or 29.13 sentencing to neighborhood community service activities. 29.14 (f) Community victim impact initiatives could include 29.15 locally based victim-offender mediation programs or ongoing 29.16 participation of victims in all phases of dealing with 29.17 offenders, from investigation through prosecution and punishment. 29.18 Sec. 13. [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 29.19 DAKOTA COUNTY.] 29.20 Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1, 29.21 1997, the commissioner of corrections shall establish a 29.22 school-based probation pilot project in Dakota county. 29.23 Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota 29.24 county shall select one middle or junior high school and one 29.25 high school to participate in the school-based probation pilot 29.26 project. The county may select one additional middle, junior 29.27 high, or high school for a total of no more than three schools. 29.28 The county shall select as participating schools those schools 29.29 that are able to provide necessary support for the program, such 29.30 as office space, access to the building during nonschool hours, 29.31 and that demonstrate a willingness to develop alternative 29.32 disciplinary responses. Each school-based probation program 29.33 established shall contain a probation officer located at the 29.34 school who is available to help the school address behavioral 29.35 incidents in the school by probationers. The probation officer 29.36 shall help in: 30.1 (1) conducting cognitive/behavioral group sessions along 30.2 with school personnel providing cofacilitation assistance; 30.3 (2) developing and administering alternatives to school 30.4 discipline actions such as suspension, which may include 30.5 mediation, community service, or home confinement; 30.6 (3) working more closely with the school and communicating 30.7 with and engaging the family's support of the juvenile's school 30.8 work and behavior; and 30.9 (4) referring and brokering with other schools' services to 30.10 align the probationer and the probationer's family with needed 30.11 services. 30.12 Subd. 3. [REPORT REQUIRED.] (a) By March 15, 1998, the 30.13 commissioner of corrections shall issue a preliminary report to 30.14 the chairs of the senate and house of representatives committees 30.15 or divisions having jurisdiction over criminal justice policy 30.16 and funding on the effectiveness of the pilot project and the 30.17 school-based probation programs created under this section. The 30.18 report shall address the effectiveness of the pilot project by 30.19 measuring reduction in school suspensions, improvement in 30.20 grades, reduction of truant behavior, reduction in number and 30.21 severity of delinquent behaviors, increase in number who return 30.22 to school, and increase in number who succeed in school. 30.23 (b) By January 15, 1999, the commissioner shall issue a 30.24 final report containing the information described in paragraph 30.25 (a) to the designated chairs. If the commissioner determines 30.26 that the pilot project is effective, the commissioner shall 30.27 include in the report recommendations on how school-based 30.28 probation programs may be implemented statewide at no additional 30.29 cost to the state. 30.30 Sec. 14. [HENNEPIN AND RAMSEY COUNTIES COMMUNITY SERVICE 30.31 GRANT PROGRAM PILOT PROJECTS.] 30.32 Subdivision 1. [GRANT PROGRAM.] Hennepin and Ramsey 30.33 counties shall each establish and administer a pilot project 30.34 grant program to fund community-based programs in high-crime 30.35 areas that provide opportunities for children under age 16 to 30.36 volunteer for and perform community service. Programs 31.1 qualifying for grants must encourage responsibility and good 31.2 citizenship on the part of participating children and discourage 31.3 them from engaging in illegal activities or associating with 31.4 criminal gangs. Programs receiving grants may provide children 31.5 who perform community service with appropriate nonmonetary 31.6 rewards including, but not limited to, partial scholarships for 31.7 post-secondary education, gift certificates, tickets for 31.8 entertainment, parties, and group outings. 31.9 Subd. 2. [ELIGIBILITY CRITERIA.] Hennepin and Ramsey 31.10 counties shall establish criteria for determining the 31.11 community-based programs eligible for grants under subdivision 31.12 1. Eligible programs must: 31.13 (1) have a broad network of established economic and social 31.14 relationships within the community and with local governmental 31.15 units; 31.16 (2) represent a broad range of diversity; 31.17 (3) have demonstrated an ability to administer 31.18 community-based programs and have a history of successful 31.19 community organizing; 31.20 (4) have a proven history of properly supervising and 31.21 successfully interacting with juveniles; and 31.22 (5) have demonstrated an ability to work with parents of 31.23 juveniles and schools. 31.24 Sec. 15. [BOARD ON JUDICIAL STANDARDS; AWARD OF COSTS AND 31.25 ATTORNEY FEES.] 31.26 Subdivision 1. [AWARD.] The board on judicial standards 31.27 may award reasonable costs and attorney fees to a judge if: 31.28 (1) a formal hearing under the Minnesota Rules of the Board 31.29 on Judicial Standards, rule 10, was held on the charges against 31.30 the judge; 31.31 (2) the findings and recommendations of the panel concluded 31.32 that the judge did not use the judicial office to advance a 31.33 personal or private goal and that the judge was acting on 31.34 matters of concern to the judge in the judge's official 31.35 capacity; 31.36 (3) the findings and recommendations of the panel concluded 32.1 that the case served a public purpose by increasing public 32.2 awareness of the judicial system and the problems with which it 32.3 is faced; and 32.4 (4) the board dismissed the charges and found that the 32.5 judge did not violate the rules of judicial conduct, judicial 32.6 standards, or professional conduct. 32.7 Subd. 2. [APPLICATION.] A judge against whom charges have 32.8 previously been dismissed may apply to the board on judicial 32.9 standards for an award of costs and attorney fees under 32.10 subdivision 1. 32.11 Sec. 16. [RESTORATIVE JUSTICE PROGRAMS.] 32.12 A local governmental unit may establish a restorative 32.13 justice program. A restorative justice program is a program 32.14 that provides forums that may be an alternative to prosecution 32.15 where certain individuals charged with having committed a crime 32.16 meet with the victim; the victim's family members or other 32.17 supportive persons, if appropriate; the offender's family 32.18 members or other supportive persons, if appropriate; a law 32.19 enforcement official or prosecutor when appropriate; and members 32.20 of the community, in order to: 32.21 (1) discuss the impact of the offense on the victim and the 32.22 community; 32.23 (2) assign an appropriate sanction to the offender; and 32.24 (3) provide methods for reintegrating the offender into the 32.25 community when the offender is from the community. 32.26 Sec. 17. [FAMILY VIOLENCE COORDINATING COUNCILS.] 32.27 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A judicial 32.28 district may establish a family violence coordinating council 32.29 for the purpose of promoting innovative efforts to deal with 32.30 family violence issues. A coordinating council shall establish 32.31 and promote interdisciplinary programs and initiatives to 32.32 coordinate public and private legal and social services and law 32.33 enforcement, prosecutorial, and judicial activities. 32.34 Subd. 2. [MEMBERSHIP.] The chief judge shall appoint the 32.35 members of a family violence coordinating council. Members must 32.36 include representatives of the following groups: 33.1 (1) judges, court administrators, and probation 33.2 authorities; 33.3 (2) domestic abuse advocates and others who provide social 33.4 services to adult and child victims of domestic abuse and 33.5 perpetrators of domestic abuse; 33.6 (3) health care and mental health care providers; 33.7 (4) law enforcement and prosecutors; 33.8 (5) public defenders and legal aid; 33.9 (6) educators and child protection workers; and 33.10 (7) public officials and other public organizations. 33.11 Subd. 3. [PLAN.] A family violence coordinating council 33.12 shall develop a plan for coordinating activities of its 33.13 membership relating to family violence issues and improving 33.14 activities and services, including: 33.15 (1) interdisciplinary training and systemic approaches to 33.16 family violence issues; 33.17 (2) identification of current weaknesses in the system and 33.18 areas where additional resources are needed, and ways to improve 33.19 those components; 33.20 (3) promoting public and private partnerships in the 33.21 delivery of services and the use of volunteer services; 33.22 (4) identification of differences in approaches and needs 33.23 in different demographic populations; 33.24 (5) developing protocols for investigation and prosecution 33.25 of domestic abuse, including issues related to victim 33.26 cooperation and interviewing and investigative techniques; 33.27 (6) coordination of city and county prosecutorial efforts, 33.28 including standards for referral of cases, coordinated 33.29 prosecutions, and cross-deputization of prosecutors; 33.30 (7) evaluation of dismissal, conviction, and sentencing 33.31 levels and practices and relationship to reported incidences of 33.32 domestic abuse, cases investigated and prosecuted, and severity 33.33 of abuse; and 33.34 (8) coordination of family, juvenile, and criminal court 33.35 proceedings involving family violence issues. 33.36 Subd. 4. [EVALUATION.] A family violence coordinating 34.1 council shall develop a system for evaluating the effectiveness 34.2 of its initiatives and programs in improving the coordination of 34.3 activities and delivery of services and shall focus on 34.4 identifiable goals and outcomes. An evaluation must include 34.5 data components as well as input from individuals involved in 34.6 family violence activities and services, victims, and 34.7 perpetrators. 34.8 Sec. 18. [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE 34.9 COORDINATING COUNCIL PILOT PROGRAM.] 34.10 Subdivision 1. [PLANNING GRANTS FOR FOURTH JUDICIAL 34.11 DISTRICT PILOT PROGRAM.] The commissioner of public safety shall 34.12 make a grant to the Fourth Judicial District for the planning of 34.13 a family violence coordinating council under section 17. The 34.14 grants may be made to develop a plan and evaluation system under 34.15 section 17, subdivisions 3 and 4. By July 1 of each year, 34.16 Hennepin county shall report on the activities of the council to 34.17 the commissioner. By January 15, 2000, the commissioner shall 34.18 report to the chairs of the senate and house divisions having 34.19 jurisdiction over criminal justice funding on the pilot program, 34.20 including recommendations for legislation. 34.21 Sec. 19. [INSTRUCTION TO REVISOR.] 34.22 The revisor of statutes shall renumber Minnesota Statutes, 34.23 section 299A.61 as section 299A.73. 34.24 Sec. 20. [EFFECTIVE DATE.] 34.25 Sections 1 to 19 are effective July 1, 1997. 34.26 ARTICLE 3 34.27 CRIMINAL GANG PROVISIONS 34.28 Section 1. Minnesota Statutes 1996, section 13.99, is 34.29 amended by adding a subdivision to read: 34.30 Subd. 90b. [CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data 34.31 in the criminal gang investigative data system are classified in 34.32 section 299C.091. 34.33 Sec. 2. Minnesota Statutes 1996, section 260.161, 34.34 subdivision 1, is amended to read: 34.35 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 34.36 juvenile court judge shall keep such minutes and in such manner 35.1 as the court deems necessary and proper. Except as provided in 35.2 paragraph (b), the court shall keep and maintain records 35.3 pertaining to delinquent adjudications until the person reaches 35.4 the age of 28 years and shall release the records on an 35.5 individual to another juvenile court that has jurisdiction of 35.6 the juvenile, to a requesting adult court for purposes of 35.7 sentencing, or to an adult court or juvenile court as required 35.8 by the right of confrontation of either the United States 35.9 Constitution or the Minnesota Constitution. The juvenile court 35.10 shall provide, upon the request of any other juvenile court, 35.11 copies of the records concerning adjudications involving the 35.12 particular child. The court also may provide copies of records 35.13 concerning delinquency adjudications, on request, to law 35.14 enforcement agencies, probation officers, and corrections agents 35.15 if the court finds that providing these records serves public 35.16 safety or is in the best interests of the child. Until July 1, 35.17 1999, juvenile court delinquency proceeding records of 35.18 adjudications, court transcripts, and delinquency petitions, 35.19 including any probable cause attachments that have been filed or 35.20 police officer reports relating to a petition, must be released 35.21 to requesting law enforcement agencies and prosecuting 35.22 authorities for purposes of investigating and prosecuting 35.23 violations of section 609.229, provided that psychological or 35.24 mental health reports may not be included with those records. 35.25 The records have the same data classification in the hands of 35.26 the agency receiving them as they had in the hands of the court. 35.27 The court shall also keep an index in which files 35.28 pertaining to juvenile matters shall be indexed under the name 35.29 of the child. After the name of each file shall be shown the 35.30 file number and, if ordered by the court, the book and page of 35.31 the register in which the documents pertaining to such file are 35.32 listed. The court shall also keep a register properly indexed 35.33 in which shall be listed under the name of the child all 35.34 documents filed pertaining to the child and in the order filed. 35.35 The list shall show the name of the document and the date of 35.36 filing thereof. The juvenile court legal records shall be 36.1 deposited in files and shall include the petition, summons, 36.2 notice, findings, orders, decrees, judgments, and motions and 36.3 such other matters as the court deems necessary and proper. 36.4 Unless otherwise provided by law, all court records shall be 36.5 open at all reasonable times to the inspection of any child to 36.6 whom the records relate, and to the child's parent and guardian. 36.7 (b) The court shall retain records of the court finding 36.8 that a juvenile committed an act that would be a felony or gross 36.9 misdemeanor level offense until the offender reaches the age of 36.10 28. If the offender commits a felony as an adult, or the court 36.11 convicts a child as an extended jurisdiction juvenile, the court 36.12 shall retain the juvenile records for as long as the records 36.13 would have been retained if the offender had been an adult at 36.14 the time of the juvenile offense. This paragraph does not apply 36.15 unless the juvenile was provided counsel as required by section 36.16 260.155, subdivision 2. 36.17 Sec. 3. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 36.18 FORCE.] 36.19 Subdivision 1. [MEMBERSHIP.] The criminal gang oversight 36.20 council consists of the following individuals or their designees: 36.21 the commissioner of public safety; the superintendent of the 36.22 bureau of criminal apprehension; the attorney general; the 36.23 Hennepin, Ramsey, St. Louis, and Olmsted county attorneys; the 36.24 chiefs of police of Minneapolis, St. Paul, and Duluth; the 36.25 executive director of the Minnesota chiefs of police 36.26 association; the executive director of the Minnesota sheriffs 36.27 association; the executive director of the Minnesota police and 36.28 peace officers association; and the Hennepin, Ramsey, St. Louis, 36.29 and Olmsted county sheriffs. The attorney general and the 36.30 commissioner of public safety shall serve as the cochairs of the 36.31 council. 36.32 Subd. 2. [WORKING GROUPS.] (a) The council comprises a law 36.33 enforcement working group and a prosecution working group. The 36.34 law enforcement working group consists of the commissioner of 36.35 public safety; the superintendent of the bureau of criminal 36.36 apprehension; the chiefs of police of Minneapolis, St. Paul, and 37.1 Duluth; the executive director of the Minnesota chiefs of police 37.2 association; the executive director of the Minnesota sheriffs 37.3 association; the executive director of the Minnesota police and 37.4 peace officers association; and the Hennepin, Ramsey, St. Louis, 37.5 and Olmsted county sheriffs. The commissioner of public safety 37.6 shall serve as its chair. 37.7 (b) The prosecution working group consists of the attorney 37.8 general and the Hennepin, Ramsey, St. Louis, and Olmsted county 37.9 attorneys. The council may invite the following to serve as 37.10 nonvoting members of the prosecution working group: the United 37.11 States attorney for the district of Minnesota, a sheriff serving 37.12 on the law enforcement working group, and a police chief serving 37.13 on the law enforcement working group. The attorney general 37.14 shall serve as its chair. 37.15 Subd. 3. [WORKING GROUP DUTIES.] The law enforcement 37.16 working group, in consultation with the prosecution working 37.17 group, shall develop procedures and criteria for the 37.18 investigation of criminal gangs and crimes committed by those 37.19 gangs throughout the state of Minnesota. The prosecution 37.20 working group, in consultation with the law enforcement working 37.21 group, shall develop procedures and criteria for the prosecution 37.22 of gang cases investigated by the law enforcement officers 37.23 assigned to the criminal gang strike force described in section 37.24 299A.626, subdivision 2. Nothing in the procedures and criteria 37.25 for prosecution shall prevent law enforcement officers assigned 37.26 to the strike force from presenting a case to the United States 37.27 Attorney's Office for prosecution in federal court. The 37.28 procedures and criteria developed by each working group must be 37.29 submitted to the council for review and are effective upon 37.30 approval by the council. 37.31 Sec. 4. [299A.626] [DUTIES OF COUNCIL.] 37.32 Subdivision 1. [COORDINATION AND STRATEGY.] (a) The 37.33 council shall coordinate the efforts of the two working groups, 37.34 and shall develop an overall strategy to eliminate the harm 37.35 caused to the public by criminal gangs and their illegal 37.36 activities within the state of Minnesota. In developing the 38.1 strategy, the council shall consult with representatives from 38.2 the community services division of the Minnesota department of 38.3 corrections and federal probation officers employed by the 38.4 United States district court of Minnesota. As far as 38.5 practicable, the strategy must address all criminal gangs 38.6 operating in the state regardless of location or the motivation 38.7 or ethnicity of the gangs' members. The strategy must address 38.8 criminal gangs in both the metropolitan area and greater 38.9 Minnesota. The council shall consult with and take into account 38.10 the needs of law enforcement agencies and prosecutorial offices 38.11 in greater Minnesota in developing the strategy. The strategy 38.12 must target individuals or groups based on their criminal 38.13 behavior, not their physical appearance. The strategy must take 38.14 into account the rights of groups and individuals that the 38.15 strike force may target and protect against abuses of these 38.16 rights. 38.17 (b) The council shall develop criteria and identifying 38.18 characteristics for use in determining whether individuals are 38.19 or may be members of gangs involved in criminal activity. 38.20 Subd. 2. [CRIMINAL GANG STRIKE FORCE.] The council, in 38.21 consultation with the law enforcement working group and the 38.22 prosecution working group, shall oversee the organization and 38.23 deployment of a statewide criminal gang strike force. The 38.24 strike force must consist of law enforcement officers, bureau of 38.25 criminal apprehension agents, a prosecutorial unit, and a 38.26 communications and intelligence network. The law enforcement 38.27 working group shall nominate law enforcement officers eligible 38.28 to join the strike force, and the prosecution working group 38.29 shall nominate prosecutors eligible to join the strike force. 38.30 The law enforcement working group shall ensure that all law 38.31 enforcement officers nominated to join the strike force are 38.32 licensed peace officers or federal law enforcement agents found 38.33 by the Minnesota board of peace officer standards and training 38.34 to have equivalent qualifications. In nominating prosecutors 38.35 eligible to join the strike force, the prosecution working group 38.36 shall consult with county attorneys and other interested 39.1 parties. In nominating law enforcement officers eligible to 39.2 join the strike force, the law enforcement working group shall 39.3 consult with chiefs of local law enforcement agencies, sheriffs, 39.4 and other interested parties. The working groups shall request 39.5 these individuals to recommend willing and experienced persons 39.6 under their jurisdiction who would help the strike force and to 39.7 permit those persons to join it. The council shall invite 39.8 individuals from among those nominated to join the strike force 39.9 and shall determine the number of members who will make up the 39.10 strike force and the composition of the force. To the greatest 39.11 extent possible, entities contributing members to the strike 39.12 force are encouraged to also contribute equipment and other 39.13 support. The council shall attempt to ensure that these 39.14 entities do so. 39.15 Subd. 3. [STRIKE FORCE DUTIES.] The strike force shall 39.16 implement the strategy developed by the council and is 39.17 responsible for tactical decisions regarding implementation of 39.18 the strategy. In addition and upon request, the strike force 39.19 shall assist and train local governmental units, law enforcement 39.20 agencies, and prosecutors' offices in methods to identify 39.21 criminal gangs and gang members and in ways to successfully 39.22 prosecute crimes committed by these individuals. To the 39.23 greatest extent possible, the strike force shall operate as a 39.24 cohesive unit exclusively for the purposes listed in this 39.25 section. If regional units are established under subdivision 6, 39.26 the council shall ensure that the existence and operation of 39.27 these units do not impair the overall goal of a uniform 39.28 statewide strategy to combat crimes committed by gangs. 39.29 Subd. 4. [SERVICE; TRANSFERS.] To the greatest extent 39.30 possible, members of the strike force shall serve on the force 39.31 for the entirety of its existence. Members continue to be 39.32 employed by the same entity by which they were employed before 39.33 joining the strike force. While serving on the task force, 39.34 however, members are under the exclusive command of the strike 39.35 force. A member who desires to be transferred back to the 39.36 position the member held before joining the strike force may 40.1 request a transfer from the council. The person in charge of 40.2 the organization from which the member came also may request 40.3 that a member be transferred back. The council shall approve 40.4 and arrange for a requested transfer as soon as practicable. If 40.5 a member is transferred from the strike force, the person in 40.6 charge of the organization from which the member came shall 40.7 arrange for an experienced individual, acceptable to the 40.8 council, to replace the transferred person on the strike force. 40.9 If this arrangement cannot be made, any grant received under 40.10 section 299A.628 must be repaid on a prorated basis. 40.11 Subd. 5. [COMMANDERS.] The law enforcement working group 40.12 shall designate a law enforcement officer who is a member of the 40.13 strike force to be the commander of law enforcement officers 40.14 assigned to the strike force and may appoint a law enforcement 40.15 officer assigned to a regional unit established under 40.16 subdivision 6 to be the commander of the law enforcement 40.17 officers assigned to the regional unit. The prosecution working 40.18 group shall designate a prosecutor who is a member of the strike 40.19 force to be the supervisor of the prosecutors assigned to the 40.20 strike force and may appoint a prosecutor assigned to a regional 40.21 unit established under subdivision 6 to be the supervisor of the 40.22 prosecutors assigned to the regional unit. Prosecutors on the 40.23 strike force serve at the pleasure of the prosecution working 40.24 group. Law enforcement officers assigned to the strike force 40.25 serve at the pleasure of the law enforcement working group. 40.26 Subd. 6. [REGIONAL UNITS.] If the council at any time 40.27 determines that it would be more effective and efficient to have 40.28 distinct units within the strike force concentrating on specific 40.29 areas, it may establish regional units within the strike force 40.30 and select their members. If the council chooses to do so, the 40.31 other provisions of this section still apply to the individual 40.32 units, and the council still has the duty and authority to 40.33 develop necessary procedures and criteria for and to oversee the 40.34 operation of each individual unit. The council may continue to 40.35 alter the structure of the strike force and any units composing 40.36 it in any way designed to further its effectiveness and to carry 41.1 out the intent of this section. 41.2 Subd. 7. [ROLE OF ATTORNEYS.] (a) The prosecutorial unit, 41.3 in consultation with the prosecution working group, shall 41.4 develop a policy setting out the role of attorneys in the strike 41.5 force and specifying how criminal cases developed by the strike 41.6 force must be prosecuted. To the greatest extent possible, the 41.7 policy must utilize the expertise of county and city attorneys 41.8 throughout the state, the attorney general's office, and the 41.9 United States Attorney's Office and must maximize cooperation 41.10 with these prosecutors. It must also address the role of the 41.11 prosecutorial unit in other matters, including, at a minimum, 41.12 training local prosecutors in prosecuting cases involving 41.13 criminal gangs, interviewing witnesses and victims, and 41.14 cooperating with other strike force members in developing and 41.15 building strong cases. The policy must specifically address the 41.16 role of attorneys, before trial, in establishing and maintaining 41.17 a relationship with witnesses and victims in an attempt to meet 41.18 their needs and to ensure that they testify at trial. The 41.19 policy must be approved by the council before it becomes 41.20 effective. 41.21 (b) In cases investigated by law enforcement officers 41.22 assigned to the strike force, in which a member or members of 41.23 the prosecutorial unit are going to have prosecutorial 41.24 jurisdiction, decisions concerning the criminal prosecution, 41.25 including whether to commence a prosecution, must be made 41.26 exclusively by the prosecutorial unit, in consultation with the 41.27 prosecution working group. Nothing in this subdivision shall 41.28 prevent law enforcement officers assigned to the strike force 41.29 from presenting a case to the United States Attorney's Office 41.30 for prosecution in federal court. 41.31 (c) The assistant attorney general assigned to the strike 41.32 force, in addition to helping develop the policy described in 41.33 paragraph (a) and in carrying out the individual tasks specified 41.34 in the policy after it is approved by the council, shall 41.35 generally advise the council on any matters that the council 41.36 deems appropriate. The council may seek advice from other 42.1 attorneys and, if the council decides it would be appropriate, 42.2 may retain outside counsel. 42.3 Subd. 8. [REQUIRED REPORT.] By February 1 of each year, 42.4 the council shall report to the chairs of the senate and house 42.5 of representatives committees or divisions having jurisdiction 42.6 over criminal justice policy and funding on the activities of 42.7 the council and strike force. 42.8 Sec. 5. [299A.627] [JURISDICTION AND LIABILITY.] 42.9 Subdivision 1. [STATEWIDE JURISDICTION.] Law enforcement 42.10 officers who are members of the strike force have statewide 42.11 jurisdiction to conduct criminal investigations and possess the 42.12 same powers of arrest as those possessed by a sheriff. 42.13 Prosecutors who are members of the strike force have all the 42.14 powers of county and city attorneys to prosecute gang crimes 42.15 investigated by the law enforcement officers assigned to the 42.16 strike force throughout the state. 42.17 Subd. 2. [LIABILITY AND WORKERS' COMPENSATION.] While 42.18 operating under the scope of this section, members of the strike 42.19 force are "employees of the state" as defined in section 3.736 42.20 and are considered employees of the department of public safety 42.21 for purposes of chapter 176. 42.22 Sec. 6. [299A.628] [GRANT PROGRAMS.] 42.23 Subdivision 1. [REIMBURSEMENT GRANTS AUTHORIZED.] The 42.24 commissioner of public safety, upon recommendation of the 42.25 council, may award grants to local law enforcement agencies, 42.26 county attorney's and sheriff's offices, and other organizations 42.27 that have contributed members to the strike force to hire new 42.28 persons to replace those who have joined the force. A grant may 42.29 cover a two-year period and reimburse the recipient for a 42.30 maximum of 100 percent of the salary of the person contributed 42.31 to the strike force. A recipient of a grant under this 42.32 subdivision must use the money to hire a new person to replace 42.33 the person who has joined the strike force, thus keeping its 42.34 complement of employees at the same level. The money may not be 42.35 used to pay for equipment or uniforms. 42.36 Subd. 2. [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 43.1 CRIMINAL GANGS.] (a) The commissioner of public safety, upon 43.2 recommendation of the council, may award grants to local law 43.3 enforcement agencies and city and county attorneys' offices to 43.4 expand the agency's or office's capacity to successfully 43.5 investigate and prosecute crimes committed by criminal gangs. 43.6 (b) Grant applicants under this subdivision shall submit to 43.7 the commissioner and the council a detailed plan describing the 43.8 uses for which the money will be put. The commissioner and the 43.9 council shall evaluate grant applications and award grants in a 43.10 manner that will best ensure positive results. The commissioner 43.11 may award grants to purchase necessary equipment and to develop 43.12 or upgrade computer systems if the commissioner determines that 43.13 those uses would best aid the recipient's attempts to combat 43.14 criminal gangs. The commissioner may require recipients of 43.15 grants to provide follow-up reports to the council detailing the 43.16 success of the recipient in combating criminal gangs. 43.17 (c) The commissioner shall condition grants made under this 43.18 subdivision to require that recipients agree to cooperate with 43.19 the council and the bureau of criminal apprehension in 43.20 establishing and expanding a comprehensive criminal gang 43.21 information system and in implementing the strategy developed by 43.22 the council to combat criminal gangs. Grant recipients must 43.23 agree to provide the council and bureau with any requested 43.24 information regarding the activities and characteristics of 43.25 criminal gangs and gang members operating within their 43.26 jurisdictions. 43.27 Sec. 7. [299C.091] [CRIMINAL GANG INVESTIGATIVE DATA 43.28 SYSTEM.] 43.29 Subdivision 1. [ESTABLISHMENT.] The bureau shall 43.30 administer and maintain a computerized criminal gang 43.31 investigative data system for the purpose of assisting criminal 43.32 justice agencies in the investigation and prosecution of 43.33 criminal activity by gang members. The system consists of data 43.34 on individuals whom law enforcement agencies determine are or 43.35 may be engaged in criminal gang activity. Notwithstanding 43.36 section 260.161, subdivision 3, data on adults and juveniles in 44.1 the system and data documenting an entry in the system may be 44.2 maintained together. Data in the system must be submitted and 44.3 maintained as provided in this section. 44.4 Subd. 2. [ENTRY OF DATA INTO SYSTEM.] (a) A law 44.5 enforcement agency may submit data on an individual to the 44.6 criminal gang investigative data system only if the agency 44.7 obtains and maintains the documentation required under this 44.8 subdivision. Documentation may include data obtained from other 44.9 criminal justice agencies, provided that a record of all of the 44.10 documentation required under paragraph (b) is maintained by the 44.11 agency that submits the data to the bureau. Data maintained by 44.12 a law enforcement agency to document an entry in the system are 44.13 confidential data on individuals as defined in section 13.02, 44.14 subdivision 3, but may be released to criminal justice agencies. 44.15 (b) A law enforcement agency may submit data on an 44.16 individual to the bureau for inclusion in the system if the 44.17 individual is 14 years of age or older and the agency has 44.18 documented that: 44.19 (1) the individual has met at least three of the criteria 44.20 or identifying characteristics of gang membership developed by 44.21 the criminal gang oversight council under section 299A.626 as 44.22 required by the council; and 44.23 (2) the individual has been convicted of a gross 44.24 misdemeanor or felony or has been adjudicated or has a stayed 44.25 adjudication as a juvenile for an offense that would be a gross 44.26 misdemeanor or felony if committed by an adult. 44.27 Subd. 3. [CLASSIFICATION OF DATA IN SYSTEM.] Data in the 44.28 criminal gang investigative data system are confidential data on 44.29 individuals as defined in section 13.02, subdivision 3, but are 44.30 accessible to law enforcement agencies and may be released to 44.31 the criminal justice agencies. 44.32 Subd. 4. [AUDIT OF DATA SUBMITTED TO SYSTEM.] The bureau 44.33 shall conduct periodic random audits of data under subdivision 2 44.34 that documents inclusion of an individual in the criminal gang 44.35 investigative data system for the purpose of determining the 44.36 validity, completeness, and accuracy of data submitted to the 45.1 system. The bureau has access to the documenting data for 45.2 purposes of conducting an audit. 45.3 Subd. 5. [REMOVAL OF DATA FROM SYSTEM.] Notwithstanding 45.4 section 138.17, the bureau shall destroy data entered into the 45.5 system when three years have elapsed since the data were entered 45.6 into the system, except as otherwise provided in this 45.7 subdivision. If the bureau has information that the individual 45.8 has been convicted as an adult, or has been adjudicated or has a 45.9 stayed adjudication as a juvenile for an offense that would be a 45.10 crime if committed by an adult, since entry of the data into the 45.11 system, the data must be maintained until three years have 45.12 elapsed since the last record of a conviction or adjudication or 45.13 stayed adjudication of the individual. Upon request of the law 45.14 enforcement agency that submitted data to the system, the bureau 45.15 shall destroy the data regardless of whether three years have 45.16 elapsed since the data were entered into the system. 45.17 Sec. 8. [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 45.18 AGENTS TO STRIKE FORCE.] 45.19 The superintendent of the bureau of criminal apprehension 45.20 shall assign experienced agents to the strike force described in 45.21 section 4. These agents shall operate exclusively for the 45.22 purposes listed in section 4 under the protocol approved by the 45.23 criminal gang oversight council. 45.24 Sec. 9. [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 45.25 STRIKE FORCE.] 45.26 The attorney general shall assign an assistant attorney 45.27 general experienced in the prosecution of crimes committed by 45.28 criminal gangs to the strike force described in section 4. This 45.29 attorney shall operate exclusively for the purposes listed in 45.30 section 4 under the protocol approved by the criminal gang 45.31 oversight council. 45.32 Sec. 10. [SUNSET.] 45.33 Minnesota Statutes, sections 299A.625 to 299A.628, expire 45.34 June 30, 2001. 45.35 Sec. 11. [EFFECTIVE DATE.] 45.36 Sections 1 to 10 are effective July 1, 1997. 46.1 ARTICLE 4 46.2 CHILDREN IN NEED OF PROTECTION OR 46.3 SERVICES PROVISIONS 46.4 Section 1. Minnesota Statutes 1996, section 256E.03, 46.5 subdivision 2, is amended to read: 46.6 Subd. 2. (a) "Community social services" means services 46.7 provided or arranged for by county boards to fulfill the 46.8 responsibilities prescribed in section 256E.08, subdivision 1, 46.9 to the following groups of persons: 46.10 (1) families with children under age 18, who are 46.11 experiencing child dependency, neglect or abuse, and also 46.12 pregnant adolescents, adolescent parents under the age of 18 ,46.13 and their children, and other adolescents; 46.14 (2) persons, including adolescents, who are under the 46.15 guardianship of the commissioner of human services as dependent 46.16 and neglected wards; 46.17 (3) adults who are in need of protection and vulnerable as 46.18 defined in section 626.5572; 46.19 (4) persons age 60 and over who are experiencing difficulty 46.20 living independently and are unable to provide for their own 46.21 needs; 46.22 (5) emotionally disturbed children and adolescents, 46.23 chronically and acutely mentally ill persons who are unable to 46.24 provide for their own needs or to independently engage in 46.25 ordinary community activities; 46.26 (6) persons with mental retardation as defined in section 46.27 252A.02, subdivision 2, or with related conditions as defined in 46.28 section 252.27, subdivision 1a, who are unable to provide for 46.29 their own needs or to independently engage in ordinary community 46.30 activities; 46.31 (7) drug dependent and intoxicated persons, including 46.32 adolescents, as defined in section 254A.02, subdivisions 5 and 46.33 7, and persons, including adolescents, at risk of harm to self 46.34 or others due to the ingestion of alcohol or other drugs; 46.35 (8) parents whose income is at or below 70 percent of the 46.36 state median income and who are in need of child care services 47.1 in order to secure or retain employment or to obtain the 47.2 training or education necessary to secure employment; and47.3 (9) children and adolescents involved in or at risk of 47.4 involvement with criminal activity; and 47.5 (10) other groups of persons who, in the judgment of the 47.6 county board, are in need of social services. 47.7 (b) Except as provided in section 256E.08, subdivision 5, 47.8 community social services do not include public assistance 47.9 programs known as aid to families with dependent children, 47.10 Minnesota supplemental aid, medical assistance, general 47.11 assistance, general assistance medical care, or community health 47.12 services authorized by sections 145A.09 to 145A.13. 47.13 Sec. 2. [257.069] [INFORMATION FOR CHILD PLACEMENT.] 47.14 Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An 47.15 agency with legal responsibility for the placement of a child 47.16 may request and shall receive all information pertaining to the 47.17 child that it considers necessary to appropriately carry out its 47.18 duties. That information must include educational, medical, 47.19 psychological, psychiatric, and social or family history data 47.20 retained in any form by any individual or entity. The agency 47.21 may gather appropriate data regarding the child's parents in 47.22 order to develop and implement a case plan required by section 47.23 257.071. Upon request of the court responsible for overseeing 47.24 the provision of services to the child and family and for 47.25 implementing orders that are in the best interest of the child, 47.26 the responsible local social service agency or tribal social 47.27 service agency shall provide appropriate written or oral reports 47.28 from any individual or entity that has provided services to the 47.29 child or family. The reports must include the nature of the 47.30 services being provided the child or family; the reason for the 47.31 services; the nature, extent, and quality of the child's or 47.32 parent's participation in the services, where appropriate; and 47.33 recommendations for continued services, where appropriate. The 47.34 individual or entity shall report all observations and 47.35 information upon which it bases its report as well as its 47.36 conclusions. If necessary to facilitate the receipt of the 48.1 reports, the court may issue appropriate orders. 48.2 Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service 48.3 agency responsible for the residential placement of a child 48.4 under this section and the residential facility in which the 48.5 child is placed shall have access to the following data on the 48.6 child: 48.7 (1) medical data under section 13.45; 48.8 (2) corrections and detention data under section 13.85; 48.9 (3) juvenile court data under section 260.161; and 48.10 (4) health records under section 144.335. 48.11 Sec. 3. Minnesota Statutes 1996, section 257.071, is 48.12 amended by adding a subdivision to read: 48.13 Subd. 1c. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 48.14 social service agency shall inform a parent considering 48.15 voluntary placement of a child who is not developmentally 48.16 disabled or emotionally handicapped of the following: 48.17 (1) that the parent and the child each has a right to 48.18 separate legal counsel before signing a voluntary placement 48.19 agreement, but not to counsel appointed at public expense; 48.20 (2) that the parent and child have the right to counsel at 48.21 the beginning of a case plan and the child has a right to a 48.22 guardian ad litem, and that counsel will be appointed at public 48.23 expense if they are unable to afford counsel; 48.24 (3) that the parent is not required to agree to the 48.25 voluntary placement, and a parent who enters a voluntary 48.26 placement agreement may at any time request that the agency 48.27 return the child. If the parent so requests, the child must be 48.28 returned within 24 hours of the receipt of the request; 48.29 (4) that evidence gathered during the time the child is 48.30 voluntarily placed may be used at a later time as the basis for 48.31 a petition alleging that the child is in need of protection or 48.32 services or as the basis for a petition seeking termination of 48.33 parental rights; 48.34 (5) that if the local social service agency files a 48.35 petition alleging that the child is in need of protection or 48.36 services or a petition seeking the termination of parental 49.1 rights, the parent has the right to appointment of separate 49.2 legal counsel and the child has a right to the appointment of a 49.3 guardian ad litem as provided by law, and that counsel will be 49.4 appointed at public expense if they are unable to afford 49.5 counsel; and 49.6 (6) the timelines and procedures for review of voluntary 49.7 placements under subdivision 3, and the effect of the time spent 49.8 in voluntary placement on the scheduling of a permanent 49.9 placement determination hearing under section 260.191, 49.10 subdivision 3b. 49.11 Sec. 4. Minnesota Statutes 1996, section 257.071, is 49.12 amended by adding a subdivision to read: 49.13 Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months 49.14 after a child is initially placed in a residential facility, the 49.15 local social service agency shall identify any relatives of the 49.16 child and notify them of the possibility of a permanent 49.17 out-of-home placement of the child, and that a decision not to 49.18 be a placement resource at the beginning of the case may affect 49.19 the relative's right to have the child placed with that relative 49.20 later. The relatives must be notified that they must keep the 49.21 local social service agency informed of their current address in 49.22 order to receive notice of any permanent placement hearing. A 49.23 relative who fails to provide a current address to the local 49.24 social service agency forfeits the right to notice of permanent 49.25 placement. 49.26 (b) When the agency determines that it is necessary to 49.27 prepare for the permanent placement determination hearing, or in 49.28 anticipation of filing a termination of parental rights 49.29 petition, the agency shall send notice to the relatives, any 49.30 adult with whom the child is currently residing, any adult with 49.31 whom the child has resided for one year or longer in the past, 49.32 and any adults who have maintained a relationship or exercised 49.33 visitation with the child as identified in the agency case 49.34 plan. The notice must state that a permanent home is sought for 49.35 the child and that the individuals receiving the notice may 49.36 indicate to the agency their interest in providing a permanent 50.1 home. The notice must contain an advisory that if the relative 50.2 chooses not to be a placement resource at the beginning of the 50.3 case, this may affect the relative's rights to have the child 50.4 placed with that relative permanently later on. 50.5 Sec. 5. Minnesota Statutes 1996, section 257.071, is 50.6 amended by adding a subdivision to read: 50.7 Subd. 1e. [CHANGE IN PLACEMENT.] If a child is removed 50.8 from a permanent placement disposition authorized under section 50.9 260.191, subdivision 3b, within one year after the placement was 50.10 made: 50.11 (1) the child must be returned to the residential facility 50.12 where the child was placed immediately preceding the permanent 50.13 placement; or 50.14 (2) the court shall hold a hearing within ten days after 50.15 the child is taken into custody to determine where the child is 50.16 to be placed. A guardian ad litem must be appointed for the 50.17 child for this hearing. 50.18 Sec. 6. Minnesota Statutes 1996, section 257.071, 50.19 subdivision 3, is amended to read: 50.20 Subd. 3. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 50.21 provided in subdivision 4, if the child has been placed in a 50.22 residential facility pursuant to a voluntary release by the 50.23 parent or parents, and is not returned home within six months90 50.24 days after initial placement in the residential facility, the 50.25 social service agency responsible for the placement shall: 50.26 (1) return the child to the home of the parent or parents; 50.27 or 50.28 (2) file an appropriatea petition pursuant to section50.29 260.131 or 260.231to extend the placement for 90 days. 50.30 The case plan must be updated when a petition is filed and 50.31 must include a specific plan for permanency. 50.32 If the court approves the extension, at the end of the 50.33 second 90-day period, the child must be returned to the parent's 50.34 home, unless a petition is filed for a child in need of 50.35 protection or services. 50.36 Sec. 7. Minnesota Statutes 1996, section 257.071, 51.1 subdivision 4, is amended to read: 51.2 Subd. 4. [REVIEW OF DEVELOPMENTALLY DISABLED AND 51.3 EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 51.4 disabled child, as that term is defined in United States Code, 51.5 title 42, section 6001 (7), as amended through December 31, 51.6 1979, or a child diagnosed with an emotional handicap as defined 51.7 in section 252.27, subdivision 1a, has been placed in a 51.8 residential facility pursuant to a voluntary release by the 51.9 child's parent or parents because of the child's handicapping 51.10 conditions or need for long-term residential treatment or 51.11 supervision, the social service agency responsible for the 51.12 placement shall bring a petition for review of the child's 51.13 foster care status, pursuant to section 260.131, subdivision 1a, 51.14 rather than a petition as required by subdivision 3, clause51.15 (b)section 260.191, subdivision 3b, after the child has been in 51.16 foster care for 18six months or, in the case of a child with an 51.17 emotional handicap, after the child has been in a residential 51.18 facility for six months. Whenever a petition for review is 51.19 brought pursuant to this subdivision, a guardian ad litem shall 51.20 be appointed for the child. 51.21 Sec. 8. Minnesota Statutes 1996, section 257.072, 51.22 subdivision 1, is amended to read: 51.23 Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each 51.24 authorized child-placing agency shall make special efforts to 51.25 recruit a foster family from among the child's relatives, except 51.26 as authorized in section 260.181, subdivision 3. Each agency 51.27 shall provide for diligent recruitment of potential foster 51.28 families that reflect the ethnic and racial diversity of the 51.29 children in the state for whom foster homes are needed. Special 51.30 efforts include contacting and working with community 51.31 organizations and religious organizations and may include 51.32 contracting with these organizations, utilizing local media and 51.33 other local resources, conducting outreach activities, and 51.34 increasing the number of minority recruitment staff employed by 51.35 the agency. The requirement of special efforts to locate 51.36 relatives in this section is satisfied ifon the earlier of the 52.1 following occasions: 52.2 (1) when the child is placed with a relative who is 52.3 interested in providing a permanent placement for the child; or 52.4 (2) when the responsible child-placing agency has made 52.5 appropriatespecial efforts for six months following the child's 52.6 placement in a residential facility and the court approves the 52.7 agency's efforts pursuant to section 260.191, subdivision 3a. 52.8 The agency may accept any gifts, grants, offers of services, and 52.9 other contributions to use in making special recruitment efforts. 52.10 Sec. 9. Minnesota Statutes 1996, section 259.41, is 52.11 amended to read: 52.12 259.41 [ADOPTION STUDY.] 52.13 An adoption study and written report must be completed 52.14 before the child is placed in a prospective adoptive home under 52.15 this chapter and the study must be completed and filed with the 52.16 court at the time the adoption petition is filed. In a direct 52.17 adoptive placement, the report must be filed with the court in 52.18 support of a motion for temporary preadoptive custody under 52.19 section 259.47, subdivision 3. The study and report shall be 52.20 completed by a licensed child-placing agency and must be 52.21 thorough and comprehensive. The study and report shall be paid 52.22 for by the prospective adoptive parent, except as otherwise 52.23 required under section 259.67 or 259.73. 52.24 A stepparent adoption is not subject to this section. 52.25 In the case of a licensed foster parent seeking to adopt a 52.26 child who is in the foster parent's care, any portions of the 52.27 foster care licensing process that duplicate requirements of the 52.28 home study may be submitted in satisfaction of the relevant 52.29 requirements of this section. 52.30 At a minimum, the study must include the following about 52.31 the prospective adoptive parent: 52.32 (1) a check of criminal conviction data, data on 52.33 substantiated maltreatment of a child under section 626.556, and 52.34 domestic violence data of each person over the age of 13 living 52.35 in the home. The prospective adoptive parents, the bureau of 52.36 criminal apprehension, and other state, county, and local 53.1 agencies, after written notice to the subject of the study, 53.2 shall give the agency completing the adoption study 53.3 substantiated criminal conviction data and reports about 53.4 maltreatment of minors and vulnerable adults and domestic 53.5 violence. The adoption study must also include a check of the 53.6 juvenile court records of each person over the age of 13 living 53.7 in the home. Notwithstanding provisions of section 260.161 to 53.8 the contrary, the juvenile court shall release the requested 53.9 information to the agency completing the adoption study. The 53.10 study must include an evaluation of the effect of a conviction 53.11 or finding of substantiated maltreatment on the ability to care 53.12 for a child; 53.13 (2) medical and social history and current health; 53.14 (3) assessment of potential parenting skills; 53.15 (4) ability to provide adequate financial support for a 53.16 child; and 53.17 (5) the level of knowledge and awareness of adoption issues 53.18 including where appropriate matters relating to interracial, 53.19 cross-cultural, and special needs adoptions. 53.20 The adoption study must include at least one in-home visit 53.21 with the prospective adoptive parent. The adoption study is the 53.22 basis for completion of a written report. The report must be in 53.23 a format specified by the commissioner and must contain 53.24 recommendations regarding the suitability of the subject of the 53.25 study to be an adoptive parent. An adoption study report is 53.26 valid for 12 months following its date of completion. 53.27 A prospective adoptive parent seeking a study under this 53.28 section must authorize access by the agency to any private data 53.29 needed to complete the study, must disclose any names used 53.30 previously other than the name used at the time of the study, 53.31 and must provide a set of fingerprints, which shall be forwarded 53.32 to the bureau of criminal apprehension to facilitate the 53.33 criminal conviction background check required under clause (1). 53.34 Sec. 10. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 53.35 If an adoptee has resided with a birth relative before 53.36 being adopted, adoptive parents and that birth relative may 54.1 enter an agreement under this section regarding communication 54.2 with or contact between a minor adoptee, adoptive parents, and 54.3 the birth relative. For purposes of this section, "birth 54.4 relative" means a parent, stepparent, grandparent, brother, 54.5 sister, uncle, or aunt of a minor adoptee. This relationship 54.6 may be by blood or marriage. For an Indian child, "birth 54.7 relative" includes members of the extended family as defined by 54.8 the law or custom of the Indian child's tribe or, in the absence 54.9 of laws or custom, nieces, nephews, or first or second cousins, 54.10 as provided in the Indian Child Welfare Act, United States Code, 54.11 title 25, section 1903. 54.12 (a) An agreement regarding communication with or contact 54.13 between minor adoptees, adoptive parents, and a birth relative 54.14 is not legally enforceable unless the terms of the agreement are 54.15 contained in a written court order entered in accordance with 54.16 this section. An order must be sought at the same time a 54.17 petition for adoption is filed. The court shall not enter a 54.18 proposed order unless the terms of the order have been approved 54.19 in writing by the prospective adoptive parents, a birth relative 54.20 who desires to be a party to the agreement, and, if the child is 54.21 in the custody or under the guardianship of an agency, a 54.22 representative of the agency. An agreement under this section 54.23 need not disclose the identity of the parties to be legally 54.24 enforceable. The court shall not enter a proposed order unless 54.25 the court finds that the communication or contact between the 54.26 minor adoptee, the adoptive parents, and a birth relative as 54.27 agreed upon and contained in the proposed order would be in the 54.28 minor adoptee's best interests. 54.29 (b) Failure to comply with the terms of an agreed order 54.30 regarding communication or contact that has been entered by the 54.31 court under this section is not grounds for: 54.32 (1) setting aside an adoption decree; or 54.33 (2) revocation of a written consent to an adoption after 54.34 that consent has become irrevocable. 54.35 (c) An agreed order entered under this section may be 54.36 enforced or modified by filing a petition or motion with the 55.1 family court that includes a certified copy of the order 55.2 granting the communication, contact, or visitation, but only if 55.3 the petition or motion is accompanied by an affidavit that the 55.4 parties have mediated or attempted to mediate any dispute under 55.5 the agreement or that the parties agree to a proposed 55.6 modification. The prevailing party may be awarded reasonable 55.7 attorney's fees and costs. The court shall not modify an agreed 55.8 order under this section unless it finds that the modification 55.9 is necessary to serve the best interests of the minor adoptee, 55.10 and: 55.11 (1) the modification is agreed to by the adoptive parent 55.12 and the birth relative; or 55.13 (2) exceptional circumstances have arisen since the agreed 55.14 order was entered that justify modification of the order. 55.15 Sec. 11. Minnesota Statutes 1996, section 259.59, is 55.16 amended by adding a subdivision to read: 55.17 Subd. 3. [COMMUNICATION OR CONTACT AGREEMENTS.] This 55.18 section does not prohibit birth parents and adoptive parents 55.19 from entering a communication or contact agreement under section 55.20 259.58. 55.21 Sec. 12. Minnesota Statutes 1996, section 259.67, 55.22 subdivision 2, is amended to read: 55.23 Subd. 2. [ADOPTION ASSISTANCE AGREEMENT.] The placing 55.24 agency shall certify a child as eligible for adoption assistance 55.25 according to rules promulgated by the commissioner. WhenNot 55.26 later than 30 days after a parent or parents are found and 55.27 approved for adoptive placement of a child certified as eligible 55.28 for adoption assistance, and before the final decree of adoption 55.29 is issued, a written agreement must be entered into by the 55.30 commissioner, the adoptive parent or parents, and the placing 55.31 agency. The written agreement must be in the form prescribed by 55.32 the commissioner and must set forth the responsibilities of all 55.33 parties, the anticipated duration of the adoption assistance 55.34 payments, and the payment terms. The adoption assistance 55.35 agreement shall be subject to the commissioner's approval, which 55.36 must be granted or denied not later than 15 days after the 56.1 agreement is entered. 56.2 The amount of adoption assistance is subject to the 56.3 availability of state and federal funds and shall be determined 56.4 through agreement with the adoptive parents. The agreement 56.5 shall take into consideration the circumstances of the adopting 56.6 parent or parents, the needs of the child being adopted and may 56.7 provide ongoing monthly assistance, supplemental maintenance 56.8 expenses related to the adopted person's special needs, 56.9 nonmedical expenses periodically necessary for purchase of 56.10 services, items, or equipment related to the special needs, and 56.11 medical expenses. The placing agency or the adoptive parent or 56.12 parents shall provide written documentation to support the need 56.13 for adoption assistance payments. The commissioner may require 56.14 periodic reevaluation of adoption assistance payments. The 56.15 amount of ongoing monthly adoption assistance granted may in no 56.16 case exceed that which would be allowable for the child under 56.17 foster family care and is subject to the availability of state 56.18 and federal funds. 56.19 Sec. 13. Minnesota Statutes 1996, section 260.012, is 56.20 amended to read: 56.21 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 56.22 REUNIFICATION; REASONABLE EFFORTS.] 56.23 (a) If a child in need of protection or services is under 56.24 the court's jurisdiction, the court shall ensure that reasonable 56.25 efforts including culturally appropriate services by the social 56.26 service agency are made to prevent placement or to eliminate the 56.27 need for removal and to reunite the child with the child's 56.28 family at the earliest possible time, consistent with the best 56.29 interests, safety, and protection of the child. The court may, 56.30 upon motion and hearing, order the cessation of reasonable 56.31 efforts if the court finds that provision of services or further 56.32 services for the purpose of rehabilitation and reunification is 56.33 futile and therefore unreasonable under the circumstances. In 56.34 the case of an Indian child, in proceedings under sections 56.35 260.172, 260.191, and 260.221 the juvenile court must make 56.36 findings and conclusions consistent with the Indian Child 57.1 Welfare Act of 1978, United States Code, title 25, section 1901 57.2 et seq., as to the provision of active efforts. If a child is 57.3 under the court's delinquency jurisdiction, it shall be the duty 57.4 of the court to ensure that reasonable efforts are made to 57.5 reunite the child with the child's family at the earliest 57.6 possible time, consistent with the best interests of the child 57.7 and the safety of the public. 57.8 (b) "Reasonable efforts" means the exercise of due 57.9 diligence by the responsible social service agency to use 57.10 appropriate and available services to meet the needs of the 57.11 child and the child's family in order to prevent removal of the 57.12 child from the child's family; or upon removal, services to 57.13 eliminate the need for removal and reunite the family. Services 57.14 may include those listed under section 256F.07, subdivision 3, 57.15 and other appropriate services available in the community. The 57.16 social service agency has the burden of demonstrating that it 57.17 has made reasonable efforts .or that provision of services or 57.18 further services for the purpose of rehabilitation and 57.19 reunification is futile and therefore unreasonable under the 57.20 circumstances. Reunification of a surviving child with a parent 57.21 is not required if the parent has been convicted of: 57.22 (1) an offense, or an attempt or conspiracy to commit an 57.23 offense in the following sections, in regard to another child of 57.24 the parent: sections 609.18 to 609.20; 609.222, subdivision 2; 57.25 or 609.223; 57.26 (2) an offense in section 609.222, subdivision 2; or 57.27 609.223, in regard to the surviving child; or 57.28 (3) a violation of, or an attempt or conspiracy to commit a 57.29 violation of, United States Code, title 18, section 1111(a) or 57.30 1112(a), in regard to another child of the parent. 57.31 (c) The juvenile court, in proceedings under sections 57.32 260.172, 260.191, and 260.221 shall make findings and 57.33 conclusions as to the provision of reasonable efforts. When 57.34 determining whether reasonable efforts have been made, the court 57.35 shall consider whether services to the child and family were: 57.36 (1) relevant to the safety and protection of the child; 58.1 (2) adequate to meet the needs of the child and family; 58.2 (3) culturally appropriate; 58.3 (4) available and accessible; 58.4 (5) consistent and timely; and 58.5 (6) realistic under the circumstances. 58.6 In the alternative, the court may determine that provision 58.7 of services or further services for the purpose of 58.8 rehabilitation is futile and therefore unreasonable under the 58.9 circumstances. 58.10 (d) This section does not prevent out-of-home placement for 58.11 treatment of a child with a mental disability when the child's 58.12 diagnostic assessment or individual treatment plan indicates 58.13 that appropriate and necessary treatment cannot be effectively 58.14 provided outside of a residential or inpatient treatment program. 58.15 Sec. 14. Minnesota Statutes 1996, section 260.015, 58.16 subdivision 2a, is amended to read: 58.17 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 58.18 "Child in need of protection or services" means a child who is 58.19 in need of protection or services because the child: 58.20 (1) is abandoned or without parent, guardian, or custodian; 58.21 (2)(i) has been a victim of physical or sexual abuse, or 58.22 (ii) resides with or has resided with a victim of domestic child 58.23 abuse as defined in subdivision 24, (iii) resides with or would 58.24 reside with a perpetrator of domestic child abuse or child abuse 58.25 as defined in subdivision 28, or (iv) is a victim of emotional 58.26 maltreatment as defined in subdivision 5a; 58.27 (3) is without necessary food, clothing, shelter, 58.28 education, or other required care for the child's physical or 58.29 mental health or morals because the child's parent, guardian, or 58.30 custodian is unable or unwilling to provide that care; 58.31 (4) is without the special care made necessary by a 58.32 physical, mental, or emotional condition because the child's 58.33 parent, guardian, or custodian is unable or unwilling to provide 58.34 that care; 58.35 (5) is medically neglected, which includes, but is not 58.36 limited to, the withholding of medically indicated treatment 59.1 from a disabled infant with a life-threatening condition. The 59.2 term "withholding of medically indicated treatment" means the 59.3 failure to respond to the infant's life-threatening conditions 59.4 by providing treatment, including appropriate nutrition, 59.5 hydration, and medication which, in the treating physician's or 59.6 physicians' reasonable medical judgment, will be most likely to 59.7 be effective in ameliorating or correcting all conditions, 59.8 except that the term does not include the failure to provide 59.9 treatment other than appropriate nutrition, hydration, or 59.10 medication to an infant when, in the treating physician's or 59.11 physicians' reasonable medical judgment: 59.12 (i) the infant is chronically and irreversibly comatose; 59.13 (ii) the provision of the treatment would merely prolong 59.14 dying, not be effective in ameliorating or correcting all of the 59.15 infant's life-threatening conditions, or otherwise be futile in 59.16 terms of the survival of the infant; or 59.17 (iii) the provision of the treatment would be virtually 59.18 futile in terms of the survival of the infant and the treatment 59.19 itself under the circumstances would be inhumane; 59.20 (6) is one whose parent, guardian, or other custodian for 59.21 good cause desires to be relieved of the child's care and 59.22 custody; 59.23 (7) has been placed for adoption or care in violation of 59.24 law; 59.25 (8) is without proper parental care because of the 59.26 emotional, mental, or physical disability, or state of 59.27 immaturity of the child's parent, guardian, or other custodian; 59.28 (9) is one whose behavior, condition, or environment is 59.29 such as to be injurious or dangerous to the child or others. An 59.30 injurious or dangerous environment may include, but is not 59.31 limited to, the exposure of a child to criminal activity in the 59.32 child's home; 59.33 (10) has committed a delinquent act before becoming ten 59.34 years old; 59.35 (11) is a runaway; 59.36 (12) is an habitual truant; or60.1 (13) has been found incompetent to proceed or has been 60.2 found not guilty by reason of mental illness or mental 60.3 deficiency in connection with a delinquency proceeding, a 60.4 certification under section 260.125, an extended jurisdiction 60.5 juvenile prosecution, or a proceeding involving a juvenile petty 60.6 offense; or 60.7 (14) is one whose custodial parent's parental rights to 60.8 another child have been involuntarily terminated within the past 60.9 five years. 60.10 Sec. 15. Minnesota Statutes 1996, section 260.015, 60.11 subdivision 29, is amended to read: 60.12 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 60.13 infliction of bodily harm to a child or neglect of a child which 60.14 demonstrates a grossly inadequate ability to provide minimally 60.15 adequate parental care. The egregious harm need not have 60.16 occurred in the state or in the county where a termination of 60.17 parental rights action is otherwise properly venued. Egregious 60.18 harm includes, but is not limited to: 60.19 (1) conduct towards a child that constitutes a violation of 60.20 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 60.21 any other similar law of the United States orany other state; 60.22 (2) the infliction of "substantial bodily harm" to a child, 60.23 as defined in section 609.02, subdivision 8; 60.24 (3) conduct towards a child that constitutes felony 60.25 malicious punishment of a child under section 609.377; 60.26 (4) conduct towards a child that constitutes felony 60.27 unreasonable restraint of a child under section 609.255, 60.28 subdivision 3; 60.29 (5) conduct towards a child that constitutes felony neglect 60.30 or endangerment of a child under section 609.378; 60.31 (6) conduct towards a child that constitutes assault under 60.32 section 609.221, 609.222, or 609.223; 60.33 (7) conduct towards a child that constitutes solicitation, 60.34 inducement, or promotion of prostitution under section 609.322; 60.35 or60.36 (8) conduct towards a child that constitutes receiving 61.1 profit derived from prostitution under section 609.323; or 61.2 (9) conduct toward a child that constitutes a violation of 61.3 United States Code, title 18, section 1111(a) or 1112(a). 61.4 Sec. 16. Minnesota Statutes 1996, section 260.131, 61.5 subdivision 1, is amended to read: 61.6 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) Any 61.7 reputable person, including but not limited to any agent of the 61.8 commissioner of human services, having knowledge of a child in 61.9 this state or of a child who is a resident of this state, who 61.10 appears to be delinquent, in need of protection or services, or 61.11 neglected and in foster care, may petition the juvenile court in 61.12 the manner provided in this section. 61.13 (b) A petition for a child in need of protection filed by 61.14 an individual who is not a county attorney or an agent of the 61.15 commissioner of human services shall be filed on a form 61.16 developed by the state court administrator and provided to court 61.17 administrators. Copies of the form may be obtained from the 61.18 court administrator in each county. The court administrator 61.19 shall review the petition before it is filed to determine that 61.20 it is completed. The court administrator may reject the 61.21 petition if it does not indicate that the petitioner has 61.22 contacted the local social service agency. 61.23 An individual may file a petition under this subdivision 61.24 without seeking internal review of the local social service 61.25 agency's decision. The court shall determine whether there is 61.26 probable cause to believe that a need for protection or services 61.27 exists before the matter is set for hearing. If the matter is 61.28 set for hearing, the court administrator shall notify the local 61.29 social service agency by sending notice to the county attorney. 61.30 The petition must contain: 61.31 (1) a statement of facts that would establish, if proven, 61.32 that there is a need for protection or services for the child 61.33 named in the petition; 61.34 (2) a statement that petitioner has reported the 61.35 circumstances underlying the petition to the local social 61.36 service agency, and protection or services were not provided to 62.1 the child; 62.2 (3) a statement whether there are existing juvenile or 62.3 family court custody orders or pending proceedings in juvenile 62.4 or family court concerning the child; and 62.5 (4) a statement of the relationship of the petitioner to 62.6 the child and any other parties. 62.7 The court shall not allow a petition to proceed under this 62.8 paragraph if it appears that the sole purpose of the petition is 62.9 to modify custody between the parents. 62.10 Sec. 17. Minnesota Statutes 1996, section 260.131, 62.11 subdivision 2, is amended to read: 62.12 Subd. 2. The petition shall be verified by the person 62.13 having knowledge of the facts and may be on information and 62.14 belief. Unless otherwise provided by this section or by rule or 62.15 order of the court, the county attorney shall draft the petition 62.16 upon the showing of reasonable grounds to support the petition. 62.17 Sec. 18. Minnesota Statutes 1996, section 260.155, 62.18 subdivision 1a, is amended to read: 62.19 Subd. 1a. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 62.20 who is the subject of a petition, and the parents, guardian, or 62.21 lawfullegal custodian of the child have the right to 62.22 participate in all proceedings on a petition. Official tribal 62.23 representatives have the right to participate in any proceeding 62.24 that is subject to the Indian Child Welfare Act of 1978, United 62.25 States Code, title 25, sections 1901 to 1963. 62.26 Any grandparent of the child has a right to participate in 62.27 the proceedings to the same extent as a parent, if the child has 62.28 lived with the grandparent within the two years preceding the 62.29 filing of the petition. At the first hearing following the 62.30 filing of a petition, the court shall ask whether the child has 62.31 lived with a grandparent within the last two years, except that 62.32 the court need not make this inquiry if the petition states that 62.33 the child did not live with a grandparent during this time 62.34 period. Failure to notify a grandparent of the proceedings is 62.35 not a jurisdictional defect. 62.36 If, in a proceeding involving a child in need of protection 63.1 or services, the local social service agency recommends transfer 63.2 of permanent legal and physical custody to a relative, the 63.3 relative has a right to participate as a party, and thereafter 63.4 shall receive notice of any hearing in the proceedings. 63.5 Sec. 19. Minnesota Statutes 1996, section 260.155, 63.6 subdivision 2, is amended to read: 63.7 Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 63.8 guardian or custodian has the right to effective assistance of 63.9 counsel in connection with a proceeding in juvenile court. This 63.10 right does not apply to a child who is charged with a juvenile 63.11 petty offense as defined in section 260.015, subdivision 21, 63.12 unless the child is charged with a third or subsequent juvenile 63.13 alcohol or controlled substance offense and may be subject to 63.14 the alternative disposition described in section 260.195, 63.15 subdivision 4. 63.16 (b) The court shall appoint counsel, or stand-by counsel if 63.17 the child waives the right to counsel, for a child who is: 63.18 (1) charged by delinquency petition with a gross 63.19 misdemeanor or felony offense; or 63.20 (2) the subject of a delinquency proceeding in which 63.21 out-of-home placement has been proposed. 63.22 (c) If they desire counsel but are unable to employ it, the 63.23 court shall appoint counsel to represent the child or the 63.24 parents or guardian in any case in which it feels that such an 63.25 appointment is desirable, except a juvenile petty offender who 63.26 does not have the right to counsel under paragraph (a). 63.27 (d) Counsel for the child shall not also act as the child's 63.28 guardian ad litem. 63.29 (e) In any proceeding where the subject of a petition for a 63.30 child in need of protection or services is not represented by an 63.31 attorney, the court shall determine the child's preferences 63.32 regarding the proceedings, if the child is of suitable age to 63.33 express a preference. 63.34 Sec. 20. Minnesota Statutes 1996, section 260.155, 63.35 subdivision 3, is amended to read: 63.36 Subd. 3. [COUNTY ATTORNEY.] Except in adoption 64.1 proceedings, the county attorney shall present the evidence upon 64.2 request of the court. In representing the agency, the county 64.3 attorney shall also have the responsibility for advancing the 64.4 public interest in the welfare of the child. 64.5 Sec. 21. Minnesota Statutes 1996, section 260.155, 64.6 subdivision 4, is amended to read: 64.7 Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint 64.8 a guardian ad litem to protect the interests of the minor when 64.9 it appears, at any stage of the proceedings, that the minor is 64.10 without a parent or guardian, or that the minor's parent is a 64.11 minor or incompetent, or that the parent or guardian is 64.12 indifferent or hostile to the minor's interests, and in every 64.13 proceeding alleging a child's need for protection or services 64.14 under section 260.015, subdivision 2a , clauses (1) to (10). In 64.15 any other case the court may appoint a guardian ad litem to 64.16 protect the interests of the minor when the court feels that 64.17 such an appointment is desirable. The court shall appoint the 64.18 guardian ad litem on its own motion or in the manner provided 64.19 for the appointment of a guardian ad litem in the district 64.20 court. The court may appoint separate counsel for the guardian 64.21 ad litem if necessary. 64.22 (b) A guardian ad litem shall carry out the following 64.23 responsibilities: 64.24 (1) conduct an independent investigation to determine the 64.25 facts relevant to the situation of the child and the family, 64.26 which must include, unless specifically excluded by the court, 64.27 reviewing relevant documents; meeting with and observing the 64.28 child in the home setting and considering the child's wishes, as 64.29 appropriate; and interviewing parents, caregivers, and others 64.30 with knowledge relevant to the case; 64.31 (2) advocate for the child's best interests by 64.32 participating in appropriate aspects of the case and advocating 64.33 for appropriate community services when necessary; 64.34 (3) maintain the confidentiality of information related to 64.35 a case, with the exception of sharing information as permitted 64.36 by law to promote cooperative solutions that are in the best 65.1 interests of the child; 65.2 (4) monitor the child's best interests throughout the 65.3 judicial proceeding; and 65.4 (5) present written reports on the child's best interests 65.5 that include conclusions and recommendations and the facts upon 65.6 which they are based. 65.7 (c) The court may waive the appointment of a guardian ad 65.8 litem pursuant to clause (a), whenever counsel has been 65.9 appointed pursuant to subdivision 2 or is retained otherwise, 65.10 and the court is satisfied that the interests of the minor are 65.11 protected. 65.12 (d) In appointing a guardian ad litem pursuant to clause 65.13 (a), the court shall not appoint the party, or any agent or 65.14 employee thereof, filing a petition pursuant to section 260.131. 65.15 (e) The following factors shall be considered when 65.16 appointing a guardian ad litem in a case involving an Indian or 65.17 minority child: 65.18 (1) whether a person is available who is the same racial or 65.19 ethnic heritage as the child or, if that is not possible; 65.20 (2) whether a person is available who knows and appreciates 65.21 the child's racial or ethnic heritage. 65.22 Sec. 22. Minnesota Statutes 1996, section 260.155, 65.23 subdivision 8, is amended to read: 65.24 Subd. 8. [WAIVER.] (a) Waiver of any right which a child 65.25 has under this chapter must be an express waiver voluntarily and 65.26 intelligently made by the child after the child has been fully 65.27 and effectively informed of the right being waived. If a child 65.28 is under 12 years of age, the child's parent, guardian or65.29 custodian shall give any waiver or offer any objection65.30 contemplated by this chapternot represented by counsel, any 65.31 waiver must be given or any objection must be offered by the 65.32 child's guardian ad litem. 65.33 (b) Waiver of a child's right to be represented by counsel 65.34 provided under the juvenile court rules must be an express 65.35 waiver voluntarily and intelligently made by the child after the 65.36 child has been fully and effectively informed of the right being 66.1 waived. In determining whether a child has voluntarily and 66.2 intelligently waived the right to counsel, the court shall look 66.3 to the totality of the circumstances which includes but is not 66.4 limited to the child's age, maturity, intelligence, education, 66.5 experience, and ability to comprehend, and the presence and 66.6 competence of the child's parents, guardian, or guardian ad 66.7 litem. If the court accepts the child's waiver, it shall state 66.8 on the record the findings and conclusions that form the basis 66.9 for its decision to accept the waiver. 66.10 Sec. 23. Minnesota Statutes 1996, section 260.161, is 66.11 amended by adding a subdivision to read: 66.12 Subd. 3a. [ATTORNEY ACCESS TO RECORDS.] An attorney 66.13 representing a child, parent, or guardian ad litem in a 66.14 proceeding under this chapter shall be given access to records, 66.15 local social service agency files, and reports which form the 66.16 basis of any recommendation made to the court. An attorney does 66.17 not have access under this subdivision to the identity of a 66.18 person who made a report under section 626.556. The court may 66.19 issue protective orders to prohibit an attorney from sharing a 66.20 specified record or portion of a record with a client other than 66.21 a guardian ad litem. 66.22 Sec. 24. Minnesota Statutes 1996, section 260.165, 66.23 subdivision 3, is amended to read: 66.24 Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 66.25 officer takes a child into custody for shelter care or relative 66.26 placement pursuant to subdivision 1; section 260.135, 66.27 subdivision 5; or section 260.145, the officer shall notify the 66.28 parent or custodian that under section 260.173, subdivision 2, 66.29 the parent or custodian may request that the child be placed 66.30 with a relative or a designated parent under chapter 257A 66.31 instead of in a shelter care facility. The officer also shall 66.32 give the parent or custodian of the child a list of names, 66.33 addresses, and telephone numbers of social service agencies that 66.34 offer child welfare services. If the parent or custodian was 66.35 not present when the child was removed from the residence, the 66.36 list shall be left with an adult on the premises or left in a 67.1 conspicuous place on the premises if no adult is present. If 67.2 the officer has reason to believe the parent or custodian is not 67.3 able to read and understand English, the officer must provide a 67.4 list that is written in the language of the parent or 67.5 custodian. The list shall be prepared by the commissioner of 67.6 human services. The commissioner shall prepare lists for each 67.7 county and provide each county with copies of the list without 67.8 charge. The list shall be reviewed annually by the commissioner 67.9 and updated if it is no longer accurate. Neither the 67.10 commissioner nor any peace officer or the officer's employer 67.11 shall be liable to any person for mistakes or omissions in the 67.12 list. The list does not constitute a promise that any agency 67.13 listed will in fact assist the parent or custodian. 67.14 Sec. 25. Minnesota Statutes 1996, section 260.191, 67.15 subdivision 3a, is amended to read: 67.16 Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 67.17 the court places a child in a residential facility, as defined 67.18 in section 257.071, subdivision 1, the court shall review the 67.19 out-of-home placement at least every six months to determine 67.20 whether continued out-of-home placement is necessary and 67.21 appropriate or whether the child should be returned home. The 67.22 court shall review agency efforts pursuant to section 257.072, 67.23 subdivision 1, and order that the efforts continue if the agency 67.24 has failed to perform the duties under that section. The court 67.25 shall review the case plan and may modify the case plan as 67.26 provided under subdivisions 1e and 2. If the court orders 67.27 continued out-of-home placement, the court shall notify the 67.28 parents of the provisions of subdivision 3b. 67.29 (b) When the court determines that a permanent placement 67.30 hearing is necessary because there is a likelihood that the 67.31 child will not return to a parent's care, the court may 67.32 authorize the agency with custody of the child to send the 67.33 notice provided in this paragraph to any adult with whom the 67.34 child is currently residing, any adult with whom the child has 67.35 resided for one year or longer in the past, any adult who has 67.36 maintained a relationship or exercised visitation with the child 68.1 as identified in the agency case plan for the child or 68.2 demonstrated an interest in the child, and any relative who has 68.3 provided a current address to the local social service agency. 68.4 This notice must not be provided to a parent whose parental 68.5 rights to the child have been terminated under section 260.221, 68.6 subdivision 1. The notice must state that a permanent home is 68.7 sought for the child and that individuals receiving the notice 68.8 may indicate to the agency within 30 days their interest in 68.9 providing a permanent home. 68.10 Sec. 26. Minnesota Statutes 1996, section 260.191, 68.11 subdivision 3b, is amended to read: 68.12 Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 68.13 PLACEMENT DETERMINATION.] (a) If the court places a child in a68.14 residential facility, as defined in section 257.071, subdivision68.15 1,The court shall conduct a hearing to determine the permanent 68.16 status of thea child not later than 12 months after the child 68.17 wasis placed out of the home of the parent. 68.18 For purposes of this subdivision, the date of the child's 68.19 placement out of the home of the parent is the earlier of the 68.20 first court-ordered placement or the first court-approved 68.21 placement under section 257.071, subdivision 3, of a child who 68.22 had been in voluntary placement. 68.23 For purposes of this subdivision, 12 months is calculated 68.24 as follows: 68.25 (1) during the pendency of a petition alleging that a child 68.26 is in need of protection or services, all time periods when a 68.27 child is placed out of the home of the parent are cumulated; 68.28 (2) if a child has been placed out of the home of the 68.29 parent within the previous five years in connection with one or 68.30 more prior petitions for a child in need of protection or 68.31 services, the lengths of all prior time periods when the child 68.32 was placed out of the home within the previous five years and 68.33 under the current petition, are cumulated. If a child under 68.34 this clause has been out of the home for 12 months or more, the 68.35 court, if it is in the best interests of the child, may extend 68.36 the total time the child may continue out of the home under the 69.1 current petition up to an additional six months before making a 69.2 permanency determination. 69.3 (b) Not later than ten days prior to this hearing, the 69.4 responsible social service agency shall file pleadings to 69.5 establish the basis for the permanent placement determination. 69.6 Notice of the hearing and copies of the pleadings must be 69.7 provided pursuant to section 260.141. If a termination of 69.8 parental rights petition is filed before the date required for 69.9 the permanency planning determination, no hearing need be 69.10 conducted under this sectionsubdivision. The court shall 69.11 determine whether the child is to be returned home or, if not, 69.12 what permanent placement is consistent with the child's best 69.13 interests. The "best interests of the child" means all relevant 69.14 factors to be considered and evaluated. 69.15 (c) If the child is not returned to the home, the 69.16 dispositions available for permanent placement determination are: 69.17 (1) permanent legal and physical custody to a relative 69.18 pursuant to the standards and procedures applicable under69.19 chapter 257 or 518in the best interests of the child. The 69.20 social service agency may petition on behalf of the proposed 69.21 custodian; 69.22 (2) termination of parental rights and adoption; the social 69.23 service agency shall file a petition for termination of parental 69.24 rights under section 260.231 and all the requirements of 69.25 sections 260.221 to 260.245 remain applicable. An adoption 69.26 ordered under this subdivision may include an agreement for 69.27 communication or contact under section 259.58; or69.28 (3) long-term foster care; transfer of legal custody and 69.29 adoption are preferred permanency options for a child who cannot 69.30 return home. The court may order a child into long-term foster 69.31 care only if it finds that neither an award of legal and 69.32 physical custody to a relative, nor termination of parental 69.33 rights nor adoption is in the child's best interests. Further, 69.34 the court may only order long-term foster care for the child 69.35 under this section if it finds the following: 69.36 (i) the child has reached age 12 and reasonable efforts by 70.1 the responsible social service agency have failed to locate an 70.2 adoptive family for the child; or 70.3 (ii) the child is a sibling of a child described in clause 70.4 (i) and the siblings have a significant positive relationship 70.5 and are ordered into the same long-term foster care home .; or 70.6 (4) foster care for a specified period of time, but only if: 70.7 (i) the sole basis for an adjudication that a child is in 70.8 need of protection or services is that the child is a runaway, 70.9 is an habitual truant, or committed a delinquent act before age 70.10 16; and 70.11 (ii) the court finds that foster care for a specified 70.12 period of time is in the best interests of the child. 70.13 (b) The court may extend the time period for determination70.14 of permanent placement to 18 months after the child was placed70.15 in a residential facility if:70.16 (1) there is a substantial probability that the child will70.17 be returned home within the next six months;70.18 (2) the agency has not made reasonable, or, in the case of70.19 an Indian child, active efforts, to correct the conditions that70.20 form the basis of the out-of-home placement; or70.21 (3) extraordinary circumstances exist precluding a70.22 permanent placement determination, in which case the court shall70.23 make written findings documenting the extraordinary70.24 circumstances and order one subsequent review after six months70.25 to determine permanent placement. A court finding that70.26 extraordinary circumstances exist precluding a permanent70.27 placement determination must be supported by detailed factual70.28 findings regarding those circumstances.70.29 (c)(d) In ordering a permanent placement of a child, the 70.30 court must be governed by the best interests of the child, 70.31 including a review of the relationship between the child and 70.32 relatives and the child and other important persons with whom 70.33 the child has resided or had significant contact. 70.34 (d)(e) Once a permanent placement determination has been 70.35 made and permanent placement has been established, further 70.36 reviews are only necessary if the placement is made under 71.1 paragraph (c), clause (4), review is otherwise required by 71.2 federal law, an adoption has not yet been finalized, or there is 71.3 a disruption of the permanent or long-term placement. If 71.4 required, reviews must take place no less frequently than every 71.5 six months. 71.6 (e)(f) An order under this subdivision must include the 71.7 following detailed findings: 71.8 (1) how the child's best interests are served by the order; 71.9 (2) the nature and extent of the responsible social service 71.10 agency's reasonable efforts, or, in the case of an Indian child, 71.11 active efforts, to reunify the child with the parent or parents; 71.12 (3) the parent's or parents' efforts and ability to use 71.13 services to correct the conditions which led to the out-of-home 71.14 placement; 71.15 (4) whether the conditions which led to the out-of-home 71.16 placement have been corrected so that the child can return home; 71.17 and 71.18 (5) if the child cannot be returned home, whether there is 71.19 a substantial probability of the child being able to return home 71.20 in the next six months. 71.21 (f)(g) An order for permanent legal and physical custody 71.22 of a child may be modified under sections 518.18 and 518.185. 71.23 The social service agency is a party to the proceeding and must 71.24 receive notice. An order for long-term foster care is 71.25 reviewable upon motion and a showing by the parent of a 71.26 substantial change in the parent's circumstances such that the 71.27 parent could provide appropriate care for the child and that 71.28 removal of the child from the child's permanent placement and 71.29 the return to the parent's care would be in the best interest of 71.30 the child. 71.31 Sec. 27. Minnesota Statutes 1996, section 260.191, 71.32 subdivision 4, is amended to read: 71.33 Subd. 4. [CONTINUANCE OF CASE.] WhenIf it is in the best 71.34 interests of the child or the child's parentsto do so and when71.35 eitherif the allegations contained in the petition have been 71.36 admitted, or when a hearing has been held as provided in section 72.1 260.155 and the allegations contained in the petition have been 72.2 duly proven, before the entry of a finding of need for 72.3 protection or services or a finding that a child is neglected 72.4 and in foster care has been entered, the court may continue the 72.5 case for a period not to exceed 90 days on any one order. Such72.6 a continuance may be extended for one additional successive72.7 period not to exceed 90 days and only after the court has72.8 reviewed the case and entered its order for an additional72.9 continuance without a finding that the child is in need of72.10 protection or services or neglected and in foster care. During72.11 this continuance the court may enter any order otherwise72.12 permitted under the provisions of this section.Following the 72.13 90-day continuance: 72.14 (1) if both the parent and child have complied with the 72.15 terms of the continuance, the case must be dismissed without an 72.16 adjudication that the child is in need of protection or services 72.17 or that the child is neglected and in foster care; or 72.18 (2) if either the parent or child has not complied with the 72.19 terms of the continuance, the court shall adjudicate the child 72.20 in need of protection or services or neglected and in foster 72.21 care. 72.22 Sec. 28. Minnesota Statutes 1996, section 260.192, is 72.23 amended to read: 72.24 260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 72.25 Upon a petition for review of the foster care status of a 72.26 child, the court may: 72.27 (a) In the case of a petition required to be filed under 72.28 section 257.071, subdivision 3, find that the child's needs are 72.29 being met, that the child's placement in foster care is in the 72.30 best interests of the child, and that the child will be returned 72.31 home in the next six months, in which case the court shall 72.32 approve the voluntary arrangement and continue the matter for 72.33 six months to assure the child returns to the parent's home. 72.34 (b) In the case of a petition required to be filed under 72.35 section 257.071, subdivision 4, find that the child's needs are 72.36 being met and that the child's placement in foster care is in 73.1 the best interests of the child, in which case the court shall 73.2 approve the voluntary arrangement. The court shall order the 73.3 social service agency responsible for the placement to bring a 73.4 petition under section 260.131, subdivision 1 or 1a, as 73.5 appropriate, within two years12 months. 73.6 (c) Find that the child's needs are not being met, in which 73.7 case the court shall order the social service agency or the 73.8 parents to take whatever action is necessary and feasible to 73.9 meet the child's needs, including, when appropriate, the 73.10 provision by the social service agency of services to the 73.11 parents which would enable the child to live at home, and order 73.12 a disposition under section 260.191. 73.13 (d) Find that the child has been abandoned by parents 73.14 financially or emotionally, or that the developmentally disabled 73.15 child does not require out-of-home care because of the 73.16 handicapping condition, in which case the court shall order the 73.17 social service agency to file an appropriate petition pursuant 73.18 to sections 260.131, subdivision 1, or 260.231. 73.19 Nothing in this section shall be construed to prohibit 73.20 bringing a petition pursuant to section 260.131, subdivision 1 73.21 or 2, sooner than required by court order pursuant to this 73.22 section. 73.23 Sec. 29. Minnesota Statutes 1996, section 260.221, 73.24 subdivision 1, is amended to read: 73.25 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 73.26 court may upon petition, terminate all rights of a parent to a 73.27 child in the following cases: 73.28 (a) With the written consent of a parent who for good cause 73.29 desires to terminate parental rights; or 73.30 (b) If it finds that one or more of the following 73.31 conditions exist: 73.32 (1) that the parent has abandoned the child. Abandonment 73.33 is presumed when: 73.34 (i) the parent has had no contact with the child on a 73.35 regular basis and no demonstrated, consistent interest in the 73.36 child's well-being for six months; and 74.1 (ii) the social service agency has made reasonable efforts 74.2 to facilitate contact, unless the parent establishes that an 74.3 extreme financial or physical hardship or treatment for mental 74.4 disability or chemical dependency or other good cause prevented 74.5 the parent from making contact with the child. This presumption 74.6 does not apply to children whose custody has been determined 74.7 under chapter 257 or 518. The court is not prohibited from 74.8 finding abandonment in the absence of this presumption; or 74.9 (2) that the parent has substantially, continuously, or 74.10 repeatedly refused or neglected to comply with the duties 74.11 imposed upon that parent by the parent and child relationship, 74.12 including but not limited to providing the child with necessary 74.13 food, clothing, shelter, education, and other care and control 74.14 necessary for the child's physical, mental, or emotional health 74.15 and development, if the parent is physically and financially 74.16 able, and reasonable efforts by the social service agency have 74.17 failed to correct the conditions that formed the basis of the 74.18 petition; or 74.19 (3) that a parent has been ordered to contribute to the 74.20 support of the child or financially aid in the child's birth and 74.21 has continuously failed to do so without good cause. This 74.22 clause shall not be construed to state a grounds for termination 74.23 of parental rights of a noncustodial parent if that parent has 74.24 not been ordered to or cannot financially contribute to the 74.25 support of the child or aid in the child's birth; or 74.26 (4) that a parent is palpably unfit to be a party to the 74.27 parent and child relationship because of a consistent pattern of 74.28 specific conduct before the child or of specific conditions 74.29 directly relating to the parent and child relationship either of 74.30 which are determined by the court to be of a duration or nature 74.31 that renders the parent unable, for the reasonably foreseeable 74.32 future, to care appropriately for the ongoing physical, mental, 74.33 or emotional needs of the child. It is presumed that a parent 74.34 is palpably unfit to be a party to the parent and child 74.35 relationship upon a showing that: 74.36 (i) the child was adjudicated in need of protection or 75.1 services due to circumstances described in section 260.015, 75.2 subdivision 2a, clause (1), (2), (3), (5), or (8); and 75.3 (ii) within the three-year period immediately prior to that75.4 adjudication,the parent's parental rights to one or more other 75.5 children were involuntarily terminated under clause (1), (2), 75.6 (4), or (7), or under clause (5) if the child was initially 75.7 determined to be in need of protection or services due to 75.8 circumstances described in section 260.015, subdivision 2a, 75.9 clause (1), (2), (3), (5), or (8); or 75.10 (5) that following upon a determination of neglect or 75.11 dependency, or of a child's need for protection or services, 75.12 reasonable efforts, under the direction of the court, have 75.13 failed to correct the conditions leading to the determination. 75.14 It is presumed that reasonable efforts under this clause have 75.15 failed upon a showing that: 75.16 (i) a child has resided out of the parental home under 75.17 court order for a cumulative period of more than one year within 75.18 a five-year period following an adjudication of dependency, 75.19 neglect, need for protection or services under section 260.015, 75.20 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 75.21 neglected and in foster care, and an order for disposition under 75.22 section 260.191, including adoption of the case plan required by 75.23 section 257.071; 75.24 (ii) conditions leading to the determination will not be 75.25 corrected within the reasonably foreseeable future. It is 75.26 presumed that conditions leading to a child's out-of-home 75.27 placement will not be corrected in the reasonably foreseeable 75.28 future upon a showing that the parent or parents have not 75.29 substantially complied with the court's orders and a reasonable 75.30 case plan, and the conditions which led to the out-of-home 75.31 placement have not been corrected; and 75.32 (iii) reasonable efforts have been made by the social 75.33 service agency to rehabilitate the parent and reunite the family. 75.34 This clause does not prohibit the termination of parental 75.35 rights prior to one year after a child has been placed out of 75.36 the home. 76.1 It is also presumed that reasonable efforts have failed 76.2 under this clause upon a showing that: 76.3 (i) the parent has been diagnosed as chemically dependent 76.4 by a professional certified to make the diagnosis; 76.5 (ii) the parent has been required by a case plan to 76.6 participate in a chemical dependency treatment program; 76.7 (iii) the treatment programs offered to the parent were 76.8 culturally, linguistically, and clinically appropriate; 76.9 (iv) the parent has either failed two or more times to 76.10 successfully complete a treatment program or has refused at two 76.11 or more separate meetings with a caseworker to participate in a 76.12 treatment program; and 76.13 (v) the parent continues to abuse chemicals. 76.14 Provided, that this presumption applies only to parents required 76.15 by a case plan to participate in a chemical dependency treatment 76.16 program on or after July 1, 1990; or 76.17 (6) that a child has experienced egregious harm in the 76.18 parent's care which is of a nature, duration, or chronicity that 76.19 indicates a lack of regard for the child's well-being, such that 76.20 a reasonable person would believe it contrary to the best 76.21 interest of the child or of any child to be in the parent's 76.22 care; or 76.23 (7) that in the case of a child born to a mother who was 76.24 not married to the child's father when the child was conceived 76.25 nor when the child was born the person is not entitled to notice 76.26 of an adoption hearing under section 259.49 and either the 76.27 person has not filed a notice of intent to retain parental 76.28 rights under section 259.51 or that the notice has been 76.29 successfully challenged; or 76.30 (8) that the child is neglected and in foster care. 76.31 In an action involving an American Indian child, sections 257.35 76.32 to 257.3579 and the Indian Child Welfare Act, United States 76.33 Code, title 25, sections 1901 to 1923, control to the extent 76.34 that the provisions of this section are inconsistent with those 76.35 laws; or 76.36 (9) that the parent has been convicted of a crime listed in 77.1 section 260.012, paragraph (b), clauses (1) to (3). 77.2 Sec. 30. Minnesota Statutes 1996, section 260.221, 77.3 subdivision 5, is amended to read: 77.4 Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 77.5 proceeding under this section, the court shall make specific 77.6 findings: 77.7 (1) regarding the nature and extent of efforts made by the 77.8 social service agency to rehabilitate the parent and reunite the 77.9 family .; 77.10 (2) that provision of services or further services for the 77.11 purpose of rehabilitation and reunification is futile and 77.12 therefore unreasonable under the circumstances; or 77.13 (3) that reunification is not required because the parent 77.14 has been convicted of a crime listed in section 260.012, 77.15 paragraph (b), clauses (1) to (3). 77.16 Sec. 31. Minnesota Statutes 1996, section 260.241, 77.17 subdivision 1, is amended to read: 77.18 Subdivision 1. If, after a hearing, the court finds by 77.19 clear and convincing evidence that one or more of the conditions 77.20 set out in section 260.221 exist, it may terminate parental 77.21 rights. Upon the termination of parental rights all rights, 77.22 powers, privileges, immunities, duties, and obligations, 77.23 including any rights to custody, control, visitation, or support 77.24 existing between the child and parent shall be severed and 77.25 terminated and the parent shall have no standing to appear at 77.26 any further legal proceeding concerning the child. Provided, 77.27 however, that a parent whose parental rights are terminated: 77.28 (1) shall remain liable for the unpaid balance of any 77.29 support obligation owed under a court order upon the effective 77.30 date of the order terminating parental rights; and 77.31 (2) may be a party to a communication or contact agreement 77.32 under section 259.58. 77.33 Sec. 32. Minnesota Statutes 1996, section 260.241, 77.34 subdivision 3, is amended to read: 77.35 Subd. 3. (a) A certified copy of the findings and the 77.36 order terminating parental rights, and a summary of the court's 78.1 information concerning the child shall be furnished by the court 78.2 to the commissioner or the agency to which guardianship is 78.3 transferred. The orders shall be on a document separate from 78.4 the findings. The court shall furnish the individual to whom 78.5 guardianship is transferred a copy of the order terminating 78.6 parental rights. 78.7 (b) The court shall retain jurisdiction in a case where 78.8 adoption is the intended permanent placement disposition. The 78.9 guardian ad litem and counsel for the child shall continue on 78.10 the case until an adoption decree is entered. A hearing must be 78.11 held every 90 days following termination of parental rights for 78.12 the court to review progress toward an adoptive placement. 78.13 (c) The court shall retain jurisdiction in a case where 78.14 long-term foster care is the permanent disposition. The 78.15 guardian ad litem and counsel for the child must be dismissed 78.16 from the case on the effective date of the permanent placement 78.17 order. However, the foster parent and the child, if of 78.18 sufficient age, must be informed how they may contact a guardian 78.19 ad litem if the matter is subsequently returned to court. 78.20 Sec. 33. [UNIFORM PRIVATE CHIPS PETITION.] 78.21 The state court administrator shall prepare and make 78.22 available to court administrators in each county the private 78.23 CHIPS petition form required by Minnesota Statutes, section 78.24 260.131, subdivision 1. 78.25 Sec. 34. [JUVENILE CODE RECODIFICATION.] 78.26 The revisor of statutes shall reorganize Minnesota 78.27 Statutes, chapter 260, and other laws relating to child 78.28 protection and child welfare services to create separate, 78.29 comprehensible areas of law dealing with child protection and 78.30 delinquency in the form of a bill for introduction at the 1998 78.31 regular legislative session. 78.32 Sec. 35. [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 78.33 The commissioner of human services shall explore strategies 78.34 and incentives to facilitate recruitment of foster and adoptive 78.35 families. The commissioner shall report to the supreme court 78.36 and the chairs of the committees on the judiciary and on health 79.1 and human services in the house of representatives and the 79.2 senate by February 1, 1998, on an action proposal and whether 79.3 any legislation is needed to implement it. 79.4 Sec. 36. [STATE COURT AND TRIBAL COURT COMMISSION.] 79.5 The supreme court shall establish a commission to examine 79.6 state court and tribal court relations. 79.7 Sec. 37. [REPEALER.] 79.8 Minnesota Statutes 1996, section 259.33, is repealed. 79.9 Sec. 38. [EFFECTIVE DATE; APPLICATION.] 79.10 Section 26, paragraph (a), clause (2), applies to children 79.11 who were first placed outside the home on or after August 1, 79.12 1995. 79.13 ARTICLE 5 79.14 DWI PROVISIONS 79.15 Section 1. Minnesota Statutes 1996, section 84.91, 79.16 subdivision 1, is amended to read: 79.17 Subdivision 1. [ACTS PROHIBITED.] (a) No person shall 79.18 operate or be in physical control of any snowmobile or 79.19 all-terrain vehicle anywhere in this state or on the ice of any 79.20 boundary water of this state: 79.21 (1) when the person is under the influence of alcohol; 79.22 (2) when the person is under the influence of a controlled 79.23 substance, as defined in section 152.01, subdivision 4; 79.24 (3) when the person is under the influence of a combination 79.25 of any two or more of the elements named in clauses (1), (2), 79.26 and (6); 79.27 (4) when the person's alcohol concentration is 0.100.08 or 79.28 more; 79.29 (5) when the person's alcohol concentration as measured 79.30 within two hours of the time of operating is 0.100.08 or more; 79.31 or 79.32 (6) when the person is knowingly under the influence of any 79.33 chemical compound or combination of chemical compounds that is 79.34 listed as a hazardous substance in rules adopted under section 79.35 182.655 and that affects the nervous system, brain, or muscles 79.36 of the person so as to substantially impair the person's ability 80.1 to operate the snowmobile or all-terrain vehicle. 80.2 (b) No owner or other person having charge or control of 80.3 any snowmobile or all-terrain vehicle shall authorize or permit 80.4 any individual the person knows or has reason to believe is 80.5 under the influence of alcohol or a controlled substance or 80.6 other substance, as provided under paragraph (a), to operate the 80.7 snowmobile or all-terrain vehicle anywhere in this state or on 80.8 the ice of any boundary water of this state. 80.9 (c) No owner or other person having charge or control of 80.10 any snowmobile or all-terrain vehicle shall knowingly authorize 80.11 or permit any person, who by reason of any physical or mental 80.12 disability is incapable of operating the vehicle, to operate the 80.13 snowmobile or all-terrain vehicle anywhere in this state or on 80.14 the ice of any boundary water of this state. 80.15 Sec. 2. Minnesota Statutes 1996, section 84.911, 80.16 subdivision 1, is amended to read: 80.17 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 80.18 operates or is in physical control of a snowmobile or 80.19 all-terrain vehicle anywhere in this state or on the ice of any 80.20 boundary water of this state is required, subject to the 80.21 provisions of this section, to take or submit to a test of the 80.22 person's blood, breath, or urine for the purpose of determining 80.23 the presence and amount of alcohol or a controlled substance. 80.24 The test shall be administered at the direction of an officer 80.25 authorized to make arrests under section 84.91, subdivision 2. 80.26 Taking or submitting to the test is mandatory when requested by 80.27 an officer who has probable cause to believe the person was 80.28 operating or in physical control of a snowmobile or all-terrain 80.29 vehicle in violation of section 84.91, subdivision 1, paragraph 80.30 (a), and one of the following conditions exists: 80.31 (1) the person has been lawfully placed under arrest for 80.32 violating section 84.91, subdivision 1, paragraph (a); 80.33 (2) the person has been involved while operating a 80.34 snowmobile or all-terrain vehicle in an accident resulting in 80.35 property damage, personal injury, or death; 80.36 (3) the person has refused to take the preliminary 81.1 screening test provided for in section 84.91, subdivision 3; or 81.2 (4) the screening test was administered and indicated an 81.3 alcohol concentration of 0.100.08 or more. 81.4 Sec. 3. Minnesota Statutes 1996, section 86B.331, 81.5 subdivision 1, is amended to read: 81.6 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 81.7 operate or be in physical control of a motorboat in operation on 81.8 the waters of this state: 81.9 (1) when the person is under the influence of alcohol; 81.10 (2) when the person is under the influence of a controlled 81.11 substance, as defined in section 152.01, subdivision 4; 81.12 (3) when the person is under the influence of a combination 81.13 of any two or more of the elements named in clauses (1), (2), 81.14 and (6); 81.15 (4) when the person's alcohol concentration is 0.100.08 or 81.16 more; 81.17 (5) when the person's alcohol concentration as measured 81.18 within two hours of the time of operating is 0.100.08 or more; 81.19 or 81.20 (6) when the person is knowingly under the influence of any 81.21 chemical compound or combination of chemical compounds that is 81.22 listed as a hazardous substance in rules adopted under section 81.23 182.655 and that affects the nervous system, brain, or muscles 81.24 of the person so as to substantially impair the person's ability 81.25 to operate the motorboat. 81.26 (b) An owner or other person having charge or control of a 81.27 motorboat may not authorize or allow an individual the person 81.28 knows or has reason to believe is under the influence of alcohol 81.29 or a controlled or other substance, as provided under paragraph 81.30 (a), to operate the motorboat in operation on the waters of this 81.31 state. 81.32 (c) An owner or other person having charge or control of a 81.33 motorboat may not knowingly authorize or allow a person, who by 81.34 reason of a physical or mental disability is incapable of 81.35 operating the motorboat, to operate the motorboat in operation 81.36 on the waters of this state. 82.1 (d) For purposes of this subdivision, a motorboat "in 82.2 operation" does not include a motorboat that is anchored, 82.3 beached, or securely fastened to a dock or other permanent 82.4 mooring. 82.5 Sec. 4. Minnesota Statutes 1996, section 86B.331, 82.6 subdivision 4, is amended to read: 82.7 Subd. 4. [EVIDENCE.] (a) Upon the trial of a prosecution 82.8 arising out of acts alleged to have been committed by a person 82.9 arrested for operating or being in physical control of a 82.10 motorboat in violation of subdivision 1, paragraph (a), or an 82.11 ordinance in conformity with it, the court may admit evidence of 82.12 the amount of alcohol or a controlled substance in the person's 82.13 blood, breath, or urine as shown by an analysis of those items. 82.14 (b) for the purposes of this subdivision: 82.15 (1) evidence that there was at the time an alcohol 82.16 concentration of 0.05 or less is prima facie evidence that the 82.17 person was not under the influence of alcohol; and 82.18 (2) evidence that there was at the time an alcohol 82.19 concentration of more than 0.05 and less than 0.100.08 is 82.20 relevant evidence in indicating whether or not the person was 82.21 under the influence of alcohol. 82.22 (c) Evidence of the refusal to take a preliminary screening 82.23 test required under subdivision 3 or a chemical test required 82.24 under section 86B.335 is admissible into evidence in a 82.25 prosecution under this section or an ordinance in conformity 82.26 with it. 82.27 (d) This subdivision does not limit the introduction of 82.28 other competent evidence bearing upon the question of whether or 82.29 not the person violated this section, including tests obtained 82.30 more than two hours after the alleged violation and results 82.31 obtained from partial tests on an infrared breath-testing 82.32 instrument. A result from a partial test is the measurement 82.33 obtained by analyzing one adequate breath sample. A sample is 82.34 adequate if the instrument analyzes the sample and does not 82.35 indicate the sample is deficient. 82.36 (e) If proven by a preponderance of the evidence, it shall 83.1 be an affirmative defense to a violation of subdivision 1, 83.2 paragraph (a), clause (5), that the defendant consumed a 83.3 sufficient quantity of alcohol after the time of operating 83.4 or being in physical control of a motorboat and before the 83.5 administration of the evidentiary test to cause the defendant's 83.6 alcohol concentration to exceed 0.100.08. Provided, that this 83.7 evidence may not be admitted unless notice is given to the 83.8 prosecution prior to the omnibus or pretrial hearing in the 83.9 matter. 83.10 Sec. 5. Minnesota Statutes 1996, section 86B.335, 83.11 subdivision 1, is amended to read: 83.12 Subdivision 1. [CHEMICAL TESTING.] A person who operates 83.13 or is in physical control of a motorboat in operation on the 83.14 waters of this state is required, subject to the provisions of 83.15 this section, to take or submit to a test of the person's blood, 83.16 breath, or urine for the purpose of determining the presence and 83.17 amount of alcohol or a controlled substance. A motorboat "in 83.18 operation" does not include a motorboat that is anchored, 83.19 beached, or securely fastened to a dock or other permanent 83.20 mooring. The test shall be administered at the direction of an 83.21 officer authorized to make arrests under section 86B.331, 83.22 subdivision 2. Taking or submitting to the test is mandatory 83.23 when requested by an officer who has probable cause to believe 83.24 the person was operating or in physical control of a motorboat 83.25 in violation of section 86B.331, subdivision 1, paragraph (a), 83.26 and one of the following conditions exist: 83.27 (1) the person has been lawfully placed under arrest for 83.28 violating section 86B.331, subdivision 1, paragraph (a); 83.29 (2) the person has been involved in a motorboat accident 83.30 resulting in property damage, personal injury, or death; 83.31 (3) the person has refused to take the preliminary 83.32 screening test provided for in section 86B.331, subdivision 3; 83.33 or 83.34 (4) the screening test was administered and indicated an 83.35 alcohol concentration of 0.100.08 or more. 83.36 Sec. 6. Minnesota Statutes 1996, section 97B.065, 84.1 subdivision 1, is amended to read: 84.2 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 84.3 take wild animals with a firearm or by archery: 84.4 (1) when the person is under the influence of alcohol; 84.5 (2) when the person is under the influence of a controlled 84.6 substance, as defined in section 152.01, subdivision 4; 84.7 (3) when the person is under the influence of a combination 84.8 of any two or more of the elements in clauses (1) and, (2), and 84.9 (6); 84.10 (4) when the person's alcohol concentration is 0.100.08 or 84.11 more; 84.12 (5) when the person's alcohol concentration as measured 84.13 within two hours of the time of taking is 0.100.08 or more; or 84.14 (6) when the person is knowingly under the influence of any 84.15 chemical compound or combination of chemical compounds that is 84.16 listed as a hazardous substance in rules adopted under section 84.17 182.655 and that affects the nervous system, brain, or muscles 84.18 of the person so as to substantially impair the person's ability 84.19 to operate a firearm or bow and arrow. 84.20 (b) An owner or other person having charge or control of a 84.21 firearm or bow and arrow may not authorize or permit an 84.22 individual the person knows or has reason to believe is under 84.23 the influence of alcohol or a controlled substance, as provided 84.24 under paragraph (a), to possess the firearm or bow and arrow in 84.25 this state or on a boundary water of this state. 84.26 Sec. 7. Minnesota Statutes 1996, section 97B.066, 84.27 subdivision 1, is amended to read: 84.28 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 84.29 takes wild animals with a bow or firearm in this state or on a 84.30 boundary water of this state is required, subject to the 84.31 provisions of this section, to take or submit to a test of the 84.32 person's blood, breath, or urine for the purpose of determining 84.33 the presence and amount of alcohol or a controlled substance. 84.34 The test shall be administered at the direction of an officer 84.35 authorized to make arrests under section 97B.065, subdivision 84.36 2. Taking or submitting to the test is mandatory when requested 85.1 by an officer who has probable cause to believe the person was 85.2 hunting in violation of section 97B.065, subdivision 1, 85.3 paragraph (a), and one of the following conditions exists: 85.4 (1) the person has been lawfully placed under arrest for 85.5 violating section 97B.065, subdivision 1, paragraph (a); 85.6 (2) the person has been involved while hunting in an 85.7 accident resulting in property damage, personal injury, or 85.8 death; 85.9 (3) the person has refused to take the preliminary 85.10 screening test provided for in section 97B.065, subdivision 3; 85.11 or 85.12 (4) the screening test was administered and indicated an 85.13 alcohol concentration of 0.100.08 or more. 85.14 Sec. 8. Minnesota Statutes 1996, section 169.121, 85.15 subdivision 1, is amended to read: 85.16 Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for 85.17 any person to drive, operate, or be in physical control of any 85.18 motor vehicle within this state or upon the ice of any boundary 85.19 water of this state under any of the following circumstances: 85.20 (a) when the person is under the influence of alcohol; 85.21 (b) when the person is under the influence of a controlled 85.22 substance; 85.23 (c) when the person is under the influence of a combination 85.24 of any two or more of the elements named in clauses (a), (b), 85.25 and (f); 85.26 (d) when the person's alcohol concentration is 0.100.08 or 85.27 more; 85.28 (e) when the person's alcohol concentration as measured 85.29 within two hours of the time of driving, operating, or being in 85.30 physical control of the motor vehicle is 0.100.08 or more; 85.31 (f) when the person is knowingly under the influence of a 85.32 hazardous substance that affects the nervous system, brain, or 85.33 muscles of the person so as to substantially impair the person's 85.34 ability to drive or operate the motor vehicle; or 85.35 (g) when the person's body contains any amount of a 85.36 controlled substance listed in schedule I or II other than 86.1 marijuana or tetrahydrocannabinols. 86.2 Sec. 9. Minnesota Statutes 1996, section 169.121, 86.3 subdivision 2, is amended to read: 86.4 Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution 86.5 arising out of acts alleged to have been committed by any person 86.6 arrested for driving, operating, or being in physical control of 86.7 a motor vehicle in violation of subdivision 1, the court may 86.8 admit evidence of the presence or amount of alcohol, controlled 86.9 substances, or hazardous substances in the person's blood, 86.10 breath, or urine as shown by an analysis of those items. 86.11 (b) For the purposes of this subdivision, evidence that 86.12 there was at the time an alcohol concentration of 0.04 or more 86.13 is relevant evidence in indicating whether or not the person was 86.14 under the influence of alcohol. 86.15 (c) Evidence of the refusal to take a test is admissible 86.16 into evidence in a prosecution under this section or an 86.17 ordinance in conformity with it. 86.18 (d) If proven by a preponderance of the evidence, it shall 86.19 be an affirmative defense to a violation of subdivision 1, 86.20 clause (e), that the defendant consumed a sufficient quantity of 86.21 alcohol after the time of actual driving, operating, or being in 86.22 physical control of a motor vehicle and before the 86.23 administration of the evidentiary test to cause the defendant's 86.24 alcohol concentration to exceed 0.100.08. Evidence that the 86.25 defendant consumed alcohol after the time of actual driving, 86.26 operating, or being in physical control of a motor vehicle may 86.27 not be admitted in defense to any alleged violation of this 86.28 section unless notice is given to the prosecution prior to the 86.29 omnibus or pretrial hearing in the matter. 86.30 (e) If proven by a preponderance of the evidence, it shall 86.31 be an affirmative defense to a violation of subdivision 1, 86.32 clause (g), that the defendant used the controlled substance 86.33 according to the terms of a prescription issued for the 86.34 defendant in accordance with sections 152.11 and 152.12. 86.35 (f) The preceding provisions do not limit the introduction 86.36 of any other competent evidence bearing upon the question of 87.1 whether the person violated this section, including tests 87.2 obtained more than two hours after the alleged violation and 87.3 results obtained from partial tests on an infrared 87.4 breath-testing instrument. A result from a partial test is the 87.5 measurement obtained by analyzing one adequate breath sample, as 87.6 defined in section 169.123, subdivision 2b, paragraph (b). 87.7 Sec. 10. Minnesota Statutes 1996, section 169.121, 87.8 subdivision 10a, is amended to read: 87.9 Subd. 10a. [CIVIL ACTION; PUNITIVE DAMAGES.] In a civil 87.10 action involving a motor vehicle accident, it is sufficient for 87.11 the trier of fact to consider an award of punitive damages if 87.12 there is evidence that the accident was caused by a driver: 87.13 (1) with an alcohol concentration of .100.08 or more; 87.14 (2) who was under the influence of a controlled substance; 87.15 (3) who was under the influence of alcohol and refused to 87.16 take a test required under section 169.123, subdivision 2; or 87.17 (4) who was knowingly under the influence of a hazardous 87.18 substance that substantially affects the person's nervous 87.19 system, brain, or muscles so as to impair the person's ability 87.20 to drive or operate a motor vehicle. 87.21 A criminal charge or conviction is not a prerequisite to 87.22 consideration of punitive damages under this subdivision. At 87.23 the trial in an action where the trier of fact will consider an 87.24 award of punitive damages, evidence that the driver has been 87.25 convicted of violating this section, section 169.129, or 609.21 87.26 is admissible into evidence. 87.27 Sec. 11. Minnesota Statutes 1996, section 169.123, 87.28 subdivision 2, is amended to read: 87.29 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 87.30 (a) Any person who drives, operates, or is in physical control 87.31 of a motor vehicle within this state or upon the ice of any 87.32 boundary water of this state consents, subject to the provisions 87.33 of this section and sections 169.121 and 169.1211, to a chemical 87.34 test of that person's blood, breath, or urine for the purpose of 87.35 determining the presence of alcohol, controlled substances, or 87.36 hazardous substances. The test shall be administered at the 88.1 direction of a peace officer. The test may be required of a 88.2 person when an officer has probable cause to believe the person 88.3 was driving, operating, or in physical control of a motor 88.4 vehicle in violation of section 169.121 and one of the following 88.5 conditions exist: 88.6 (1) the person has been lawfully placed under arrest for 88.7 violation of section 169.121, or an ordinance in conformity with 88.8 it; 88.9 (2) the person has been involved in a motor vehicle 88.10 accident or collision resulting in property damage, personal 88.11 injury, or death; 88.12 (3) the person has refused to take the screening test 88.13 provided for by section 169.121, subdivision 6; or 88.14 (4) the screening test was administered and indicated an 88.15 alcohol concentration of 0.100.08 or more. 88.16 The test may also be required of a person when an officer 88.17 has probable cause to believe the person was driving, operating, 88.18 or in physical control of a commercial motor vehicle with the 88.19 presence of any alcohol. 88.20 (b) At the time a test is requested, the person shall be 88.21 informed: 88.22 (1) that Minnesota law requires the person to take a test: 88.23 (i) to determine if the person is under the influence of 88.24 alcohol, controlled substances, or hazardous substances; (ii) to 88.25 determine the presence of a controlled substance listed in 88.26 schedule I or II, other than marijuana or tetrahydrocannabinols; 88.27 and (iii) if the motor vehicle was a commercial motor vehicle, 88.28 to determine the presence of alcohol; 88.29 (2) that refusal to take a test is a crime; 88.30 (3) if the peace officer has probable cause to believe the 88.31 person has violated the criminal vehicular homicide and injury 88.32 laws, that a test will be taken with or without the person's 88.33 consent; and 88.34 (4) that the person has the right to consult with an 88.35 attorney, but that this right is limited to the extent that it 88.36 cannot unreasonably delay administration of the test. 89.1 (c) The peace officer who requires a test pursuant to this 89.2 subdivision may direct whether the test shall be of blood, 89.3 breath, or urine. Action may be taken against a person who 89.4 refuses to take a blood test only if an alternative test was 89.5 offered and action may be taken against a person who refuses to 89.6 take a urine test only if an alternative test was offered. 89.7 Sec. 12. Minnesota Statutes 1996, section 169.123, 89.8 subdivision 4, is amended to read: 89.9 Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 89.10 refuses to permit a test, none shall be given, but the peace 89.11 officer shall report the refusal to the commissioner of public 89.12 safety and the authority having responsibility for prosecution 89.13 of misdemeanor offenses for the jurisdiction in which the acts 89.14 occurred. However, if a peace officer has probable cause to 89.15 believe that the person has violated section 609.21, a test may 89.16 be required and obtained despite the person's refusal. A 89.17 refusal to submit to an alcohol concentration test does not 89.18 constitute a violation of section 609.50, unless the refusal was 89.19 accompanied by force or violence or the threat of force or 89.20 violence. 89.21 (b) If a person submits to a test and, the results of that 89.22 test shall be reported to the commissioner of public safety and 89.23 to the authority having responsibility for prosecution of 89.24 misdemeanor offenses for the jurisdiction in which the acts 89.25 occurred, if the test results indicate: 89.26 (1) an alcohol concentration of 0.100.08 or more; 89.27 (2) an alcohol concentration of 0.04 or more, if the person 89.28 was driving, operating, or in physical control of a commercial 89.29 motor vehicle at the time of the violation; or 89.30 (3) the presence of a controlled substance listed in 89.31 schedule I or II, other than marijuana or tetrahydrocannabinols ,89.32 or if a person was driving, operating, or in physical control of89.33 a commercial motor vehicle and the test results indicate an89.34 alcohol concentration of 0.04 or more, the results of the test89.35 shall be reported to the commissioner of public safety and to89.36 the authority having responsibility for prosecution of90.1 misdemeanor offenses for the jurisdiction in which the acts90.2 occurred. 90.3 (c) Upon certification by the peace officer that there 90.4 existed probable cause to believe the person had been driving, 90.5 operating, or in physical control of a motor vehicle in 90.6 violation of section 169.121 and that the person refused to 90.7 submit to a test, the commissioner of public safety shall revoke 90.8 the person's license or permit to drive, or nonresident 90.9 operating privilege, for a period of one year even if a test was 90.10 obtained pursuant to this section after the person refused to 90.11 submit to testing. 90.12 (d) Upon certification by the peace officer that there 90.13 existed probable cause to believe the person had been driving, 90.14 operating, or in physical control of a commercial motor vehicle 90.15 with the presence of any alcohol in violation of section 169.121 90.16 or 169.1211, and that the person refused to submit to a test, 90.17 the commissioner shall disqualify the person from operating a 90.18 commercial motor vehicle for a period of one year under section 90.19 171.165 and shall revoke the person's license or permit to drive 90.20 or nonresident operating privilege for a period of one year. 90.21 (e) Upon certification by the peace officer that there 90.22 existed probable cause to believe the person had been driving, 90.23 operating, or in physical control of a motor vehicle in 90.24 violation of section 169.121 and that the person submitted to a 90.25 test and the test results indicate: an alcohol concentration of 90.26 0.100.08 or more; or the presence of a controlled substance 90.27 listed in schedule I or II, other than marijuana or 90.28 tetrahydrocannabinols, 90.29 then the commissioner of public safety shall revoke the person's 90.30 license or permit to drive, or nonresident operating privilege: 90.31 (1) for a period of 90 days; or 90.32 (2) if the person is under the age of 21 years, for a 90.33 period of six months; or 90.34 (3) for a person with a prior impaired driving conviction 90.35 or prior license revocation within the past five years, for a 90.36 period of 180 days. 91.1 (f) On certification by the peace officer that there 91.2 existed probable cause to believe the person had been driving, 91.3 operating, or in physical control of a commercial motor vehicle 91.4 with any presence of alcohol and that the person submitted to a 91.5 test and the test results indicated an alcohol concentration of 91.6 0.04 or more, the commissioner of public safety shall disqualify 91.7 the person from operating a commercial motor vehicle under 91.8 section 171.165. 91.9 (g) If the person is a resident without a license or permit 91.10 to operate a motor vehicle in this state, the commissioner of 91.11 public safety shall deny to the person the issuance of a license 91.12 or permit for the same period after the date of the alleged 91.13 violation as provided herein for revocation, subject to review 91.14 as hereinafter provided. 91.15 (h) As used in this subdivision, the terms "prior impaired 91.16 driving conviction" and "prior license revocation" have the 91.17 meanings given in section 169.121, subdivision 3, paragraph (a). 91.18 Sec. 13. Minnesota Statutes 1996, section 169.123, 91.19 subdivision 5a, is amended to read: 91.20 Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 91.21 behalf of the commissioner of public safety, a peace officer 91.22 requiring a test or directing the administration of a chemical 91.23 test shall serve immediate notice of intention to revoke and of 91.24 revocation on a person who refuses to permit a test or on a 91.25 person who submits to a test the results of which indicate an 91.26 alcohol concentration of 0.100.08 or more. 91.27 (b) On behalf of the commissioner of public safety, a peace 91.28 officer requiring a test or directing the administration of a 91.29 chemical test of a person driving, operating, or in physical 91.30 control of a commercial motor vehicle shall serve immediate 91.31 notice of intention to disqualify and of disqualification on a 91.32 person who refuses to permit a test, or on a person who submits 91.33 to a test the results of which indicate an alcohol concentration 91.34 of 0.04 or more. 91.35 (c) The officer shall either: 91.36 (1) take the driver's license or permit, if any, send it to 92.1 the commissioner of public safety along with the certificate 92.2 required by subdivision 4, and issue a temporary license 92.3 effective only for seven days; or 92.4 (2) invalidate the driver's license or permit in such a way 92.5 that no identifying information is destroyed. 92.6 Sec. 14. Minnesota Statutes 1996, section 169.123, 92.7 subdivision 6, is amended to read: 92.8 Subd. 6. [HEARING.] (a) A hearing under this section shall 92.9 be before a district judge in any county in the judicial 92.10 district where the alleged offense occurred. The hearing shall 92.11 be to the court and may be conducted at the same time and in the 92.12 same manner as hearings upon pretrial motions in the criminal 92.13 prosecution under section 169.121, if any. The hearing shall be 92.14 recorded. The commissioner of public safety shall appear and be 92.15 represented by the attorney general or through the prosecuting 92.16 authority for the jurisdiction involved. The hearing shall be 92.17 held at the earliest practicable date, and in any event no later 92.18 than 60 days following the filing of the petition for review. 92.19 The judicial district administrator shall establish procedures 92.20 to ensure efficient compliance with this subdivision. To 92.21 accomplish this, the administrator may, whenever possible, 92.22 consolidate and transfer review hearings among the county courts 92.23 within the judicial district. 92.24 (b) The scope of the hearing shall be limited to the issues 92.25 in clauses (1) to (9)(10): 92.26 (1) Did the peace officer have probable cause to believe 92.27 the person was driving, operating, or in physical control of: 92.28 (i) a motor vehicle in violation of section 169.121; or 92.29 (ii) a commercial motor vehicle in violation of section 92.30 169.1211? 92.31 (2) Was the person lawfully placed under arrest for 92.32 violation of section 169.121 or 169.1211? 92.33 (3) Was the person involved in a motor vehicle accident or 92.34 collision resulting in property damage, personal injury, or 92.35 death? 92.36 (4) Did the person refuse to take a screening test provided 93.1 for by section 169.121, subdivision 6? 93.2 (5) If the screening test was administered, did the test 93.3 indicate an alcohol concentration of 0.100.08 or more? 93.4 (6) At the time of the request for the test, did the peace 93.5 officer inform the person of the person's rights and the 93.6 consequences of taking or refusing the test as required by 93.7 subdivision 2? 93.8 (7) Did the person refuse to permit the test? 93.9 (8) If a test was taken :93.10 (i)by a person driving, operating, or in physical control 93.11 of a motor vehicle, did the test results indicate at the time of 93.12 testing: 93.13 (i) an alcohol concentration of 0.100.08 or more at the93.14 time of testing; or 93.15 (ii) the presence of a controlled substance listed in 93.16 schedule I or II, other than marijuana or tetrahydrocannabinols ;93.17 or? 93.18 (ii)(9) If a test was taken by a person driving, 93.19 operating, or in physical control of a commercial motor vehicle, 93.20 did the test results indicate an alcohol concentration of 0.04 93.21 or more at the time of testing? 93.22 (9)(10) Was the testing method used valid and reliable and 93.23 were the test results accurately evaluated? 93.24 (c) It shall be an affirmative defense for the petitioner 93.25 to prove that, at the time of the refusal, the petitioner's 93.26 refusal to permit the test was based upon reasonable grounds. 93.27 (d) Certified or otherwise authenticated copies of 93.28 laboratory or medical personnel reports, records, documents, 93.29 licenses, and certificates shall be admissible as substantive 93.30 evidence. 93.31 (e) The court shall order that the revocation or 93.32 disqualification be either rescinded or sustained and forward 93.33 the order to the commissioner of public safety. The court shall 93.34 file its order within 14 days following the hearing. If the 93.35 revocation or disqualification is sustained, the court shall 93.36 also forward the person's driver's license or permit to the 94.1 commissioner of public safety for further action by the 94.2 commissioner of public safety if the license or permit is not 94.3 already in the commissioner's possession. 94.4 Sec. 15. Minnesota Statutes 1996, section 609.21, 94.5 subdivision 1, is amended to read: 94.6 Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] A person is 94.7 guilty of criminal vehicular homicide resulting in death and may 94.8 be sentenced to imprisonment for not more than ten years or to 94.9 payment of a fine of not more than $20,000, or both, if the 94.10 person causes the death of a human being not constituting murder 94.11 or manslaughter as a result of operating a motor vehicle: 94.12 (1) in a grossly negligent manner; 94.13 (2) in a negligent manner while under the influence of: 94.14 (i) alcohol; 94.15 (ii) a controlled substance; or 94.16 (iii) any combination of those elements; 94.17 (3) while having an alcohol concentration of 0.100.08 or 94.18 more; 94.19 (4) while having an alcohol concentration of 0.100.08 or 94.20 more, as measured within two hours of the time of driving; 94.21 (5) in a negligent manner while knowingly under the 94.22 influence of a hazardous substance; 94.23 (6) in a negligent manner while any amount of a controlled 94.24 substance listed in schedule I or II, other than marijuana or 94.25 tetrahydrocannabinols, is present in the person's body; or 94.26 (7) where the driver who causes the accident leaves the 94.27 scene of the accident in violation of section 169.09, 94.28 subdivision 1 or 6. 94.29 Sec. 16. Minnesota Statutes 1996, section 609.21, 94.30 subdivision 2, is amended to read: 94.31 Subd. 2. [RESULTING IN GREAT BODILY HARM.] A person is 94.32 guilty of criminal vehicular operation resulting in great bodily 94.33 harm and may be sentenced to imprisonment for not more than five 94.34 years or to payment of a fine of not more than $10,000, or both, 94.35 if the person causes great bodily harm to another, not 94.36 constituting attempted murder or assault, as a result of 95.1 operating a motor vehicle: 95.2 (1) in a grossly negligent manner; 95.3 (2) in a negligent manner while under the influence of: 95.4 (i) alcohol; 95.5 (ii) a controlled substance; or 95.6 (iii) any combination of those elements; 95.7 (3) while having an alcohol concentration of 0.100.08 or 95.8 more; 95.9 (4) while having an alcohol concentration of 0.100.08 or 95.10 more, as measured within two hours of the time of driving; 95.11 (5) in a negligent manner while knowingly under the 95.12 influence of a hazardous substance; 95.13 (6) in a negligent manner while any amount of a controlled 95.14 substance listed in schedule I or II, other than marijuana or 95.15 tetrahydrocannabinols, is present in the person's body; or 95.16 (7) where the driver who causes the accident leaves the 95.17 scene of the accident in violation of section 169.09, 95.18 subdivision 1 or 6. 95.19 Sec. 17. Minnesota Statutes 1996, section 609.21, 95.20 subdivision 2a, is amended to read: 95.21 Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 95.22 is guilty of criminal vehicular operation resulting in 95.23 substantial bodily harm and may be sentenced to imprisonment of 95.24 not more than three years or to payment of a fine of not more 95.25 than $10,000, or both, if the person causes substantial bodily 95.26 harm to another, as a result of operating a motor vehicle; 95.27 (1) in a grossly negligent manner; 95.28 (2) in a negligent manner while under the influence of: 95.29 (i) alcohol; 95.30 (ii) a controlled substance; or 95.31 (iii) any combination of those elements; 95.32 (3) while having an alcohol concentration of 0.100.08 or 95.33 more; 95.34 (4) while having an alcohol concentration of 0.100.08 or 95.35 more, as measured within two hours of the time of driving; 95.36 (5) in a negligent manner while knowingly under the 96.1 influence of a hazardous substance; 96.2 (6) in a negligent manner while any amount of a controlled 96.3 substance listed in schedule I or II, other than marijuana or 96.4 tetrahydrocannabinols, is present in the person's body; or 96.5 (7) where the driver who causes the accident leaves the 96.6 scene of the accident in violation of section 169.09, 96.7 subdivision 1 or 6. 96.8 Sec. 18. Minnesota Statutes 1996, section 609.21, 96.9 subdivision 2b, is amended to read: 96.10 Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty 96.11 of criminal vehicular operation resulting in bodily harm and may 96.12 be sentenced to imprisonment for not more than one year or to 96.13 payment of a fine of not more than $3,000, or both, if the 96.14 person causes bodily harm to another, as a result of operating a 96.15 motor vehicle: 96.16 (1) in a grossly negligent manner; 96.17 (2) in a negligent manner while under the influence of: 96.18 (i) alcohol; 96.19 (ii) a controlled substance; or 96.20 (iii) any combination of those elements; 96.21 (3) while having an alcohol concentration of 0.100.08 or 96.22 more; 96.23 (4) while having an alcohol concentration of 0.100.08 or 96.24 more, as measured within two hours of the time of driving; 96.25 (5) in a negligent manner while knowingly under the 96.26 influence of a hazardous substance; 96.27 (6) in a negligent manner while any amount of a controlled 96.28 substance listed in schedule I or II, other than marijuana or 96.29 tetrahydrocannabinols, is present in the person's body; or 96.30 (7) where the driver who causes the accident leaves the 96.31 scene of the accident in violation of section 169.09, 96.32 subdivision 1 or 6. 96.33 Sec. 19. Minnesota Statutes 1996, section 609.21, 96.34 subdivision 3, is amended to read: 96.35 Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 96.36 is guilty of criminal vehicular operation resulting in death to 97.1 an unborn child and may be sentenced to imprisonment for not 97.2 more than ten years or to payment of a fine of not more than 97.3 $20,000, or both, if the person causes the death of an unborn 97.4 child as a result of operating a motor vehicle: 97.5 (1) in a grossly negligent manner; 97.6 (2) in a negligent manner while under the influence of: 97.7 (i) alcohol; 97.8 (ii) a controlled substance; or 97.9 (iii) any combination of those elements; 97.10 (3) while having an alcohol concentration of 0.100.08 or 97.11 more; 97.12 (4) while having an alcohol concentration of 0.100.08 or 97.13 more, as measured within two hours of the time of driving; 97.14 (5) in a negligent manner while knowingly under the 97.15 influence of a hazardous substance; 97.16 (6) in a negligent manner while any amount of a controlled 97.17 substance listed in schedule I or II, other than marijuana or 97.18 tetrahydrocannabinols, is present in the person's body; or 97.19 (7) where the driver who causes the accident leaves the 97.20 scene of the accident in violation of section 169.09, 97.21 subdivision 1 or 6. 97.22 A prosecution for or conviction of a crime under this 97.23 subdivision is not a bar to conviction of or punishment for any 97.24 other crime committed by the defendant as part of the same 97.25 conduct. 97.26 Sec. 20. Minnesota Statutes 1996, section 609.21, 97.27 subdivision 4, is amended to read: 97.28 Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] A person 97.29 is guilty of criminal vehicular operation resulting in injury to 97.30 an unborn child and may be sentenced to imprisonment for not 97.31 more than five years or to payment of a fine of not more than 97.32 $10,000, or both, if the person causes great bodily harm to an 97.33 unborn child who is subsequently born alive, as a result of 97.34 operating a motor vehicle: 97.35 (1) in a grossly negligent manner; 97.36 (2) in a negligent manner while under the influence of: 98.1 (i) alcohol; 98.2 (ii) a controlled substance; or 98.3 (iii) any combination of those elements; 98.4 (3) while having an alcohol concentration of 0.100.08 or 98.5 more; 98.6 (4) while having an alcohol concentration of 0.100.08 or 98.7 more, as measured within two hours of the time of driving; 98.8 (5) in a negligent manner while knowingly under the 98.9 influence of a hazardous substance; 98.10 (6) in a negligent manner while any amount of a controlled 98.11 substance listed in schedule I or II, other than marijuana or 98.12 tetrahydrocannabinols, is present in the person's body; or 98.13 (7) where the driver who causes the accident leaves the 98.14 scene of the accident in violation of section 169.09, 98.15 subdivision 1 or 6. 98.16 A prosecution for or conviction of a crime under this 98.17 subdivision is not a bar to conviction of or punishment for any 98.18 other crime committed by the defendant as part of the same 98.19 conduct. 98.20 Sec. 21. [EFFECTIVE DATE.] 98.21 Sections 1 to 20 are effective August 1, 1997, and apply to 98.22 violations occurring on or after that date. 98.23 ARTICLE 6 98.24 ARSON PROVISIONS 98.25 Section 1. Minnesota Statutes 1996, section 299F.051, is 98.26 amended to read: 98.27 299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 98.28 PEACE OFFICERS.] 98.29 Subdivision 1. [ CONTENTTRAINING UNIT.] An arson training 98.30 unit is established within the division of fire marshal to 98.31 develop and administer arson training courses throughout the 98.32 state for law enforcement and fire service personnel and for 98.33 prosecutors. 98.34 Subd. 1a. [CURRICULUM.] The superintendent of thearson 98.35 training unit, in consultation with the bureau of criminal 98.36 apprehension, after consultation withthe state fire marshal, 99.1 the Minnesota peace officersofficer standards and training 99.2 board, the county attorneys association, the attorney general, 99.3 and the state advisory council on fire service education and 99.4 research, shall establish the content ofa standardized 99.5 curriculum to be included in the training programs which shall99.6 be available to firefighters and peace officers from political99.7 subdivisions. The contentstandardized curriculum shall include 99.8 fire scene investigation and preservation of evidence, 99.9 interviewing of witnesses and suspects, constitutional limits on 99.10 interrogation by sworn and nonsworn officers, and other topics 99.11 deemed necessary to successful criminal investigation .and 99.12 prosecution. The training program offered to peace officers 99.13 shall meet the applicable preservice training requirements 99.14 established by the peace officer standards and training board 99.15 under section 626.8456. 99.16 Subd. 2. [TRAINING LOCATIONS, INSTRUCTORS.] The arson 99.17 training unit, in cooperation with the superintendent of the 99.18 bureau of criminal apprehension, the board of peace officer 99.19 standards and training, the county attorneys association, and 99.20 the attorney general, shall provide courses at convenient 99.21 locations in the state for training firefighters and, peace 99.22 officers, and prosecutors in: 99.23 (1) the conduct of investigations following the occurrence 99.24 of a fire; and 99.25 (2) the prosecution of arson cases. 99.26 For this purpose, the superintendentarson training unit 99.27 may use the services and employees of the bureau, the state fire 99.28 marshal, and the attorney general. In addition, after99.29 consultation with the state fire marshal, the superintendentthe 99.30 arson training unit is authorized to establish minimum 99.31 qualifications for training course instructors, and engage 99.32 part-time instructors necessary and proper to furnish the best 99.33 possible instruction, subject to the limitation of funds 99.34 appropriated and available for expenditure. Laws 1981, chapter 99.35 210, sections 1 to 48, shall not apply to the part-time 99.36 instructors. 100.1 Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and100.2 the superintendent ofarson training unit, in cooperation with 100.3 the bureau of criminal apprehension, in cooperation with the100.4 Minnesota board of peace officer standards and training,shall 100.5 encourage the establishment ofoffer in-service and refresher 100.6 training for firefighters and peace officers through schools 100.7 administered by the state, county, school district, 100.8 municipality, or joint or contractual combinations thereof. The 100.9 in-service training courses offered for peace officers shall be 100.10 eligible for continuing education credit from the Minnesota 100.11 board of peace officersofficer standards and training shall100.12 report to the governor and legislature on the progress made in100.13 this effort as provided in section 626.843. 100.14 Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 100.15 state fire marshal and the superintendent of the bureau of 100.16 criminal apprehension shall encourage the cooperation of local 100.17 firefighters and peace officers in the investigation of 100.18 violations of sections 609.561 to 609.576 or other crimes 100.19 associated with reported fires in all appropriate ways, 100.20 including theproviding reimbursement ofto political 100.21 subdivisions at a rate not to exceed 50 percent of the salaries 100.22 of peace officers and firefighters for time spent in attending 100.23 fire investigation training courses offered by the bureauarson 100.24 training unit. Volunteer firefighters from a political 100.25 subdivision shall be reimbursed at the rate of $35 per day plus 100.26 expenses incurred in attending fire investigation training 100.27 courses offered by the bureauarson training unit. 100.28 Reimbursement shall be made only in the event that both a peace 100.29 officer and a firefighter from the same political subdivision 100.30 attend the same training course. The reimbursement shall be 100.31 subject to the limitation of funds appropriated and available 100.32 for expenditure. The state fire marshal and the superintendent 100.33 also shall encourage local firefighters and peace officers to 100.34 seek assistance from the arson strike force established in 100.35 section 299F.058. 100.36 Sec. 2. [299F.058] [ARSON STRIKE FORCE.] 101.1 Subdivision 1. [ARSON STRIKE FORCE.] A multijurisdictional 101.2 arson strike force is established to provide expert 101.3 investigative and prosecutorial assistance to local agencies on 101.4 request in complex or serious cases involving suspected arson. 101.5 Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists 101.6 of representatives from the following agencies and organizations: 101.7 (1) the division of fire marshal; 101.8 (2) the bureau of criminal apprehension; 101.9 (3) the office of attorney general; 101.10 (4) the Minnesota county attorneys association; 101.11 (5) the Bureau of Alcohol, Tobacco, and Firearms of the 101.12 United States Treasury Department; 101.13 (6) the Minneapolis police and fire arson unit; 101.14 (7) the St. Paul police and fire arson unit; 101.15 (8) licensed private detectives selected by the state fire 101.16 marshal or the attorney general or their designees; and 101.17 (9) any other arson experts the arson strike force deems 101.18 appropriate to include. 101.19 The arson strike force, as necessary, may consult and work 101.20 with representatives of property insurance agencies and 101.21 organizations and any other private organizations that have 101.22 expertise in arson investigations and prosecutions. 101.23 (b) Representatives from the attorney general's office and 101.24 the county attorneys association who are members of the arson 101.25 strike force may assist in administering the strike force. 101.26 (c) The strike force expires June 30, 2001. 101.27 Subd. 3. [INVESTIGATIVE DUTIES.] (a) The arson strike 101.28 force shall be available on a statewide basis to assist local 101.29 public safety agencies in investigating the following types of 101.30 suspected arson cases: 101.31 (1) serial fires; 101.32 (2) multijurisdictional fires; 101.33 (3) fires causing death or serious injury to a public 101.34 safety officer; 101.35 (4) fires resulting in multiple deaths or injuries; or 101.36 (5) fires causing over $1,000,000 in damage. 102.1 (b) The arson strike force shall establish a mechanism for 102.2 informing local public safety agencies that it is available to 102.3 assist in the investigation of the suspected arson cases 102.4 described in paragraph (a). 102.5 (c) The arson strike force shall, by means of a memorandum 102.6 of understanding among the involved agencies, develop and 102.7 implement a protocol for the strike force's activation and 102.8 operation in local cases of suspected arson. 102.9 (d) The arson strike force shall assist the arson training 102.10 unit established in section 299F.051 in developing and 102.11 implementing educational programs for public safety personnel on 102.12 investigating arson cases. 102.13 Subd. 4. [PROSECUTION DUTIES.] (a) The arson strike force 102.14 may identify and establish a team of prosecutors with experience 102.15 in arson cases who will provide advice, on request, to local 102.16 prosecutors who are prosecuting or preparing to prosecute arson 102.17 cases. This team shall include prosecutors from the attorney 102.18 general's office and county prosecutors who are identified and 102.19 selected by the county attorneys association. 102.20 (b) The arson strike force shall assist the arson training 102.21 unit established in section 299F.051 in developing educational 102.22 programs and manuals to assist prosecutors in prosecuting arson 102.23 cases. 102.24 Sec. 3. [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 102.25 Subdivision 1. [INTERVENTION NETWORK.] The state fire 102.26 marshal shall establish a statewide juvenile firesetter 102.27 intervention network. The network shall include a clearinghouse 102.28 of resources and materials to assist fire service personnel, 102.29 schools, law enforcement agencies, and mental health 102.30 professionals in understanding juvenile firesetting behavior and 102.31 symptoms and intervening with juveniles who engage in the 102.32 behavior or display the symptoms. The state fire marshal shall 102.33 include in the network the comprehensive, injury prevention 102.34 education curriculum provided for in subdivision 2. 102.35 Subd. 2. [EDUCATIONAL CURRICULUM.] The state fire marshal 102.36 shall ensure implementation of a comprehensive, injury 103.1 prevention education curriculum that focuses on juvenile fire 103.2 play intervention and injury prevention. The curriculum shall 103.3 be made available to schools and other interested organizations 103.4 statewide. 103.5 Subd. 3. [ANNUAL TRAINING FORUM.] The state fire marshal 103.6 shall develop strategies and plans designed to reduce the number 103.7 of juvenile firesetting incidents. The state fire marshal shall 103.8 offer an annual training forum for fire service and law 103.9 enforcement personnel and for juvenile justice, medical, 103.10 educational, mental health, and other interested professionals 103.11 to discuss these strategies and other issues relating to 103.12 juvenile firesetter behavior and symptoms. 103.13 Subd. 4. [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 103.14 CHILDREN.] The state fire marshal shall develop an ongoing media 103.15 awareness campaign to instruct parents, retailers, and the 103.16 community on the importance of keeping fire materials away from 103.17 children and on methods for accomplishing that objective. 103.18 Sec. 4. Minnesota Statutes 1996, section 299F.06, 103.19 subdivision 1, is amended to read: 103.20 Subdivision 1. [SUMMON WITNESSES; PRODUCE DOCUMENTARY 103.21 EVIDENCE.] (a) In order to establish if reasonable grounds exist 103.22 to believe that a violation of sections 609.561 to 609.576, has 103.23 occurred, or to determine compliance with the uniform fire code 103.24 or corrective orders issued thereunder, the state fire marshal ,103.25 chief assistant fire marshal, and deputy state fire marshals,103.26 and the staff designated by the state fire marshal shall each103.27 have the power in any county of the state to summon and compel 103.28 the attendance of witnesses to testify before them, or either of103.29 themthe state fire marshal, chief assistant fire marshal, or 103.30 deputy state fire marshals, to testifyand may require the 103.31 production of any book, paper, or document deemed 103.32 pertinent thereto by them, or either of them. The state fire 103.33 marshal may also designate certain individuals from fire 103.34 departments in cities of the first class and cities of the 103.35 second class as having the powers set forth in this paragraph. 103.36 These designated individuals may only exercise their powers in a 104.1 manner prescribed by the state fire marshal. "Fire department" 104.2 has the meaning given in section 299F.092, subdivision 6. 104.3 "Cities of the first class" and "cities of the second class" 104.4 have the meanings given in section 410.01. 104.5 (b) A summons issued under this subdivision shall be served 104.6 in the same manner and have the same effect as subpoenas from 104.7 district courts. All witnesses shall receive the same 104.8 compensation as is paid to witnesses in district courts, which 104.9 shall be paid out of the fire marshal fund upon vouchers signed 104.10 by the state fire marshal, chief assistant fire marshal, or 104.11 deputy fire marshal before whom any witnesses shall have 104.12 attended and this officer shall, at the close of the 104.13 investigation wherein the witness was subpoenaed, certify to the 104.14 attendance and mileage of the witness, which certificate shall 104.15 be filed in the office of the state fire marshal. All 104.16 investigations held by or under the direction of the state fire 104.17 marshal, or any subordinate, may in the state fire marshal's 104.18 discretion be private and persons other than those required to 104.19 be present by the provisions of this chapter may be excluded 104.20 from the place where the investigation is held, and witnesses 104.21 may be kept separate and apart from each other and not allowed 104.22 to communicate with each other until they have been examined. 104.23 Sec. 5. Minnesota Statutes 1996, section 299F.06, 104.24 subdivision 3, is amended to read: 104.25 Subd. 3. [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 104.26 EVIDENCE.] Any witness who refuses to be sworn, or who refuses 104.27 to testify, or who disobeys any lawful order of the state fire 104.28 marshal, chief assistant fire marshal, or deputy state fire 104.29 marshal in relation to the investigation, or who fails or 104.30 refuses to produce any paper, book, or document touching any 104.31 matter under examination, or who is guilty of any contemptuous 104.32 conduct, after being summoned to appear before them to give 104.33 testimony in relation to any matter or subject under examination 104.34 or investigation may be summarilypunished by the state fire104.35 marshal, chief assistant state fire marshal, or deputy state104.36 fire marshals as for contempt by a fine in a sum not exceeding105.1 $100 or be committed to the county jail until such time as such105.2 person may be willing to comply with any reasonable order made105.3 by the state fire marshal, chief assistant state fire marshal,105.4 or deputy state fire marshals, as provided in this chapterany 105.5 district court in the same manner as if the proceedings were 105.6 pending in that court, andsubject to the provisions of section 105.7 588.01. 105.8 Sec. 6. Minnesota Statutes 1996, section 609.035, 105.9 subdivision 1, is amended to read: 105.10 Subdivision 1. Except as provided in subdivision105.11 subdivisions 2, subdivision3, and 4, and in sections 609.251, 105.12 609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 105.13 609.494, and 609.856, if a person's conduct constitutes more 105.14 than one offense under the laws of this state, the person may be 105.15 punished for only one of the offenses and a conviction or 105.16 acquittal of any one of them is a bar to prosecution for any 105.17 other of them. All the offenses, if prosecuted, shall be 105.18 included in one prosecution which shall be stated in separate 105.19 counts. 105.20 Sec. 7. Minnesota Statutes 1996, section 609.035, is 105.21 amended by adding a subdivision to read: 105.22 Subd. 4. [EXCEPTION; ARSON OFFENSES.] Notwithstanding 105.23 section 609.04, a prosecution for or conviction of a violation 105.24 of sections 609.561 to 609.563 or 609.5641 is not a bar to 105.25 conviction of or punishment for any other crime committed by the 105.26 defendant as part of the same conduct when the defendant is 105.27 shown to have violated sections 609.561 to 609.563 or 609.5641 105.28 for the purpose of concealing any other crime. 105.29 Sec. 8. Minnesota Statutes 1996, section 609.115, 105.30 subdivision 1, is amended to read: 105.31 Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a 105.32 defendant has been convicted of a misdemeanor or gross 105.33 misdemeanor, the court may, and when the defendant has been 105.34 convicted of a felony, the court shall, before sentence is 105.35 imposed, cause a presentence investigation and written report to 105.36 be made to the court concerning the defendant's individual 106.1 characteristics, circumstances, needs, potentialities, criminal 106.2 record and social history, the circumstances of the offense and 106.3 the harm caused by it to others and to the community. At the 106.4 request of the prosecutor in a gross misdemeanor case, the court 106.5 shall order that a presentence investigation and report be 106.6 prepared. The investigation shall be made by a probation 106.7 officer of the court, if there is one; otherwise it shall be 106.8 made by the commissioner of corrections. The officer conducting 106.9 the presentence or predispositional investigation shall make 106.10 reasonable and good-faith efforts to contact and provide the 106.11 victim with the information required under section 611A.037, 106.12 subdivision 2. Presentence investigations shall be conducted 106.13 and summary hearings held upon reports and upon the sentence to 106.14 be imposed upon the defendant in accordance with this section, 106.15 section 244.10, and the rules of criminal procedure. 106.16 (b) When the crime is a violation of sections 609.561 to 106.17 609.563, 609.5641, or 609.576 and involves a fire, the report 106.18 shall include a description of the financial and physical harm 106.19 the offense has had on the public safety personnel who responded 106.20 to the fire. For purposes of this paragraph, "public safety 106.21 personnel" means the state fire marshal; employees of the 106.22 division of the state fire marshal; firefighters, regardless of 106.23 whether the firefighters receive any remuneration for providing 106.24 services; peace officers, as defined in section 626.05, 106.25 subdivision 2; individuals providing emergency management 106.26 services; and individuals providing emergency medical services. 106.27 (c) When the crime is a felony violation of chapter 152 106.28 involving the sale or distribution of a controlled substance, 106.29 the report shall include a description of any adverse social or 106.30 economic effects the offense has had on persons who reside in 106.31 the neighborhood where the offense was committed. 106.32 (d) The report shall also include the information relating 106.33 to crime victims required under section 611A.037, subdivision 1. 106.34 If the court directs, the report shall include an estimate of 106.35 the prospects of the defendant's rehabilitation and 106.36 recommendations as to the sentence which should be imposed. In 107.1 misdemeanor cases the report may be oral. 107.2 (e) When a defendant has been convicted of a felony, and 107.3 before sentencing, the court shall cause a sentencing worksheet 107.4 to be completed to facilitate the application of the Minnesota 107.5 sentencing guidelines. The worksheet shall be submitted as part 107.6 of the presentence investigation report. 107.7 The investigation shall be made by a probation officer of107.8 the court, if there is one, otherwise by the commissioner of107.9 corrections. The officer conducting the presentence or107.10 predispositional investigation shall make reasonable and good107.11 faith efforts to contact the victim of that crime and to provide107.12 that victim with the information required under section107.13 611A.037, subdivision 2.107.14 (f) When a person is convicted of a felony for which the 107.15 sentencing guidelines presume that the defendant will be 107.16 committed to the commissioner of corrections under an executed 107.17 sentence and no motion for a sentencing departure has been made 107.18 by counsel, the court may, when there is no space available in 107.19 the local correctional facility, commit the defendant to the 107.20 custody of the commissioner of corrections, pending completion 107.21 of the presentence investigation and report. When a defendant 107.22 is convicted of a felony for which the sentencing guidelines do 107.23 not presume that the defendant will be committed to the 107.24 commissioner of corrections, or for which the sentencing 107.25 guidelines presume commitment to the commissioner but counsel 107.26 has moved for a sentencing departure, the court may commit the 107.27 defendant to the commissioner with the consent of the 107.28 commissioner, pending completion of the presentence 107.29 investigation and report. The county of commitment shall return 107.30 the defendant to the court when the court so orders. 107.31 Presentence investigations shall be conducted and summary107.32 hearings held upon reports and upon the sentence to be imposed107.33 upon the defendant in accordance with this section, section107.34 244.10, and the rules of criminal procedure.107.35 Sec. 9. [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 107.36 ARSON AWARENESS.] 108.1 Subdivision 1. [TRAINING COURSE.] The board, in 108.2 consultation with the division of fire marshal, shall prepare 108.3 objectives for a training course to instruct peace officers in 108.4 fire scene response and arson awareness. 108.5 Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual 108.6 is not eligible to take the peace officer licensing examination 108.7 after August 1, 1998, unless the individual has received the 108.8 training described in subdivision 1. 108.9 Sec. 10. [REPEALER.] 108.10 Minnesota Statutes 1996, section 299F.07, is repealed. 108.11 Sec. 11. [EFFECTIVE DATE.] 108.12 Sections 4, 5, 8, and 10 are effective August 1, 1997, and 108.13 apply to proceedings conducted on or after that date. Sections 108.14 6 and 7 are effective August 1, 1997, and apply to crimes 108.15 committed on or after that date. 108.16 ARTICLE 7 108.17 CORRECTIONS PROVISIONS 108.18 Section 1. Minnesota Statutes 1996, section 241.01, 108.19 subdivision 3b, is amended to read: 108.20 Subd. 3b. [MISSION; EFFICIENCY.] It is part of the 108.21 department's mission that within the department's resources the 108.22 commissioner shall endeavor to: 108.23 (1) prevent the waste or unnecessary spending of public 108.24 money; 108.25 (2) use innovative fiscal and human resource practices to 108.26 manage the state's resources and operate the department as 108.27 efficiently as possible; 108.28 (3) coordinate the department's activities wherever 108.29 appropriate with the activities of other governmental agencies; 108.30 (4) use technology where appropriate to increase agency 108.31 productivity, improve service to the public, increase public 108.32 access to information about government, and increase public 108.33 participation in the business of government; 108.34 (5) utilize constructive and cooperative labor-management 108.35 practices to the extent otherwise required by chapters 43A and 108.36 179A; 109.1 (6) include specific objectives in the performance report 109.2 required under sectionsections 15.91 and 241.015 to increase 109.3 the efficiency of agency operations, when appropriate; and 109.4 (7) recommend to the legislature, in the performance report 109.5 of the department required under sectionsections 15.91 and 109.6 241.015, appropriate changes in law necessary to carry out the 109.7 mission of the department. 109.8 Sec. 2. [241.015] [ANNUAL PERFORMANCE REPORTS REQUIRED.] 109.9 Notwithstanding section 15.91, the department of 109.10 corrections must issue a performance report by November 30 of 109.11 each year. The issuance and content of the report must conform 109.12 with section 15.91. The legislative auditor shall review and 109.13 comment on the report. 109.14 Sec. 3. [241.277] [PILOT PROJECT WORK PROGRAM AT CAMP 109.15 RIPLEY.] 109.16 Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of 109.17 corrections shall establish a four-year pilot project work 109.18 program at Camp Ripley. The program must serve adult male 109.19 nonviolent felony offenders under the age of 25 who are ordered 109.20 to complete the program by courts under section 609.113. The 109.21 commissioner shall issue a request for proposals and select a 109.22 vendor to operate the program. The commissioner shall ensure 109.23 that the vendor selected to operate the program does so at a per 109.24 diem charge of $30 or less. If no vendor agrees to operate the 109.25 program for that amount, the commissioner shall delay the 109.26 implementation of the program until a vendor agrees to do so. 109.27 Section 16B.17 does not apply to the issuance of the request for 109.28 proposals. 109.29 Subd. 2. [PROGRAM DESCRIBED.] The program must require 109.30 offenders placed there to perform physical labor for at least 109.31 eight hours a day either at the facility or in other locations 109.32 in the surrounding area and must provide basic educational 109.33 programming in the evening. 109.34 Subd. 3. [PROGRAM GUIDELINES.] The commissioner shall 109.35 develop guidelines for the operation of the work program. These 109.36 guidelines must, at a minimum, address the nature and location 110.1 of the physical labor required and the extent of the educational 110.2 programming offered. 110.3 Subd. 4. [STATUS OF OFFENDER.] An offender sentenced to 110.4 the work program under this section is not committed to the 110.5 commissioner of corrections. Instead, the offender is under the 110.6 continuing jurisdiction of the sentencing court. Offenders 110.7 sentenced to the work program are not considered incarcerated 110.8 for purposes of computing good time or credit for time served. 110.9 Subd. 5. [LENGTH OF STAY.] An offender sentenced by a 110.10 court to the work program for 60 days must serve a minimum of 40 110.11 days, and an offender sentenced by a court for 90 days must 110.12 serve a minimum of 60 days unless the offender is terminated 110.13 from the program and remanded to the custody of the sentencing 110.14 court as provided in subdivision 6. The offender may be 110.15 required to remain at the program beyond the minimum sentence 110.16 for any period up to the full sentence if the offender violates 110.17 disciplinary rules. 110.18 Subd. 6. [SANCTIONS.] The commissioner shall ensure that 110.19 severe and meaningful sanctions are imposed for violations of 110.20 the conditions of the work program. The commissioner shall 110.21 require that an offender be removed from the program and 110.22 remanded to the custody of the sentencing court if the offender: 110.23 (1) commits a material violation of or repeatedly fails to 110.24 follow the rules of the program; 110.25 (2) commits any misdemeanor, gross misdemeanor, or felony 110.26 offense; or 110.27 (3) presents a risk to the public, based on the offender's 110.28 behavior, attitude, or abuse of alcohol or controlled substances. 110.29 Subd. 7. [DISCIPLINARY RULES.] By January 1, 1998, the 110.30 commissioner shall develop disciplinary rules applicable to the 110.31 work program, a violation of which may result in extending an 110.32 offender's stay at the program for any period of time up to the 110.33 maximum sentence. These rules may address violations of program 110.34 rules, refusal to work, refusal to participate in the 110.35 educational program, and other matters determined by the 110.36 commissioner. Extending an offender's stay shall be considered 111.1 to be a disciplinary sanction imposed upon the offender, and the 111.2 procedure for imposing the extension and the rights of the 111.3 offender in the procedure shall be those in effect for the 111.4 imposition of other disciplinary sanctions at state correctional 111.5 institutions. 111.6 Subd. 8. [COSTS OF PROGRAM.] The commissioner of 111.7 corrections is responsible for all costs associated with the 111.8 placement of offenders in this program, including, but not 111.9 limited to, per diem expenses and transporting offenders to and 111.10 from the program. 111.11 Subd. 9. [REPORT.] By January 15, 2002, the commissioner 111.12 shall report to the chairs of the senate and house committees 111.13 and divisions having jurisdiction over criminal justice policy 111.14 and funding on this program. The report must contain 111.15 information on the recidivism rates for offenders sentenced to 111.16 the program. 111.17 Sec. 4. [242.085] [STATE POLICY REGARDING PLACEMENT OF 111.18 JUVENILES OUT OF STATE.] 111.19 It is the policy of this state that delinquent juveniles be 111.20 supervised and programmed for within the state. Courts are 111.21 requested, to the greatest extent possible and when appropriate, 111.22 to place these juveniles within the state. 111.23 Sec. 5. Minnesota Statutes 1996, section 242.19, 111.24 subdivision 2, is amended to read: 111.25 Subd. 2. [DISPOSITIONS.] When a child has been committed 111.26 to the commissioner of corrections by a juvenile court, upon a 111.27 finding of delinquency, the commissioner may for the purposes of 111.28 treatment and rehabilitation: 111.29 (a) order the child's confinement to the Minnesota 111.30 correctional facility-Red Wing or the Minnesota correctional111.31 facility-Sauk Centre, which shall accept the child, or to a 111.32 group foster home under the control of the commissioner of 111.33 corrections, or to private facilities or facilities established 111.34 by law or incorporated under the laws of this state that may 111.35 care for delinquent children; 111.36 (b) order the child's release on parole under such 112.1 supervisions and conditions as the commissioner believes 112.2 conducive to law-abiding conduct, treatment and rehabilitation; 112.3 (c) order reconfinement or renewed parole as often as the 112.4 commissioner believes to be desirable; 112.5 (d) revoke or modify any order, except an order of 112.6 discharge, as often as the commissioner believes to be 112.7 desirable; 112.8 (e) discharge the child when the commissioner is satisfied 112.9 that the child has been rehabilitated and that such discharge is 112.10 consistent with the protection of the public; 112.11 (f) if the commissioner finds that the child is eligible 112.12 for probation or parole and it appears from the commissioner's 112.13 investigation that conditions in the child's or the guardian's 112.14 home are not conducive to the child's treatment, rehabilitation, 112.15 or law-abiding conduct, refer the child, together with the 112.16 commissioner's findings, to a local social services agency or a 112.17 licensed child-placing agency for placement in a foster care or, 112.18 when appropriate, for initiation of child in need of protection 112.19 or services proceedings as provided in sections 260.011 to 112.20 260.301. The commissioner of corrections shall reimburse local 112.21 social services agencies for foster care costs they incur for 112.22 the child while on probation or parole to the extent that funds 112.23 for this purpose are made available to the commissioner by the 112.24 legislature. The juvenile court shall order the parents of a 112.25 child on probation or parole to pay the costs of foster care 112.26 under section 260.251, subdivision 1, according to their ability 112.27 to pay, and to the extent that the commissioner of corrections 112.28 has not reimbursed the local social services agency. 112.29 Sec. 6. [242.192] [CHARGES TO COUNTIES.] 112.30 The commissioner shall charge counties or other appropriate 112.31 jurisdictions for the actual per diem cost of confinement of 112.32 juveniles at the Minnesota correctional facility-Red Wing. This 112.33 charge applies to both counties that participate in the 112.34 community corrections act and those that do not. The 112.35 commissioner shall annually determine costs, making necessary 112.36 adjustments to reflect the actual costs of confinement. All 113.1 money received under this section must be deposited in the state 113.2 treasury and credited to the general fund. 113.3 Sec. 7. Minnesota Statutes 1996, section 242.32, is 113.4 amended by adding a subdivision to read: 113.5 Subd. 4. [EXCEPTION.] This section does not apply to a 113.6 privately operated facility licensed by the commissioner in Rock 113.7 county, Minnesota. The number of beds constructed and operated 113.8 by this facility for long-term residential secure programming 113.9 does not count towards the 100-bed limitation in subdivision 3. 113.10 Sec. 8. Minnesota Statutes 1996, section 242.55, is 113.11 amended to read: 113.12 242.55 [ACADEMIC PROGRAM.] 113.13 The academic program at the Minnesota correctional 113.14 facility-Red Wing and the Minnesota correctional facility-Sauk113.15 Centreshall be conducted on a 12-month basis. 113.16 Sec. 9. Minnesota Statutes 1996, section 244.05, 113.17 subdivision 8, is amended to read: 113.18 Subd. 8. [CONDITIONAL MEDICAL RELEASE.] Notwithstanding 113.19 subdivisions 4 and 5, the commissioner may order that anany 113.20 offender be placed on conditional medical release before the 113.21 offender's scheduled supervised release date or target release 113.22 date if the offender suffers from a grave illness or medical 113.23 condition and the release poses no threat to the public. In 113.24 making the decision to release an offender on this status, the 113.25 commissioner must consider the offender's age and medical 113.26 condition, the health care needs of the offender, the offender's 113.27 custody classification and level of risk of violence, the 113.28 appropriate level of community supervision, and alternative 113.29 placements that may be available for the offender. An inmate 113.30 may not be released under this provision unless the commissioner 113.31 has determined that the inmate's health costs are likely to be 113.32 borne by medical assistance, Medicaid, general assistance 113.33 medical care, veteran's benefits, or by any other federal or 113.34 state medical assistance programs or by the inmate. Conditional 113.35 medical release is governed by provisions relating to supervised 113.36 release except that it may be rescinded without hearing by the 114.1 commissioner if the offender's medical condition improves to the 114.2 extent that the continuation of the conditional medical release 114.3 presents a more serious risk to the public. 114.4 Sec. 10. Minnesota Statutes 1996, section 244.17, 114.5 subdivision 2, is amended to read: 114.6 Subd. 2. [ELIGIBILITY.] The commissioner must limit the 114.7 challenge incarceration program to the following persons: 114.8 (1) offenders who are committed to the commissioner's 114.9 custody following revocation of a stayed sentence; and 114.10 (2) offenders who are committed to the commissioner's 114.11 custody, who have 3660 months or less in or remaining in their 114.12 term of imprisonment, and who did not receive a dispositional 114.13 departure under the sentencing guidelines. 114.14 An eligible inmate is not entitled to participate in the program. 114.15 Sec. 11. Minnesota Statutes 1996, section 401.13, is 114.16 amended to read: 114.17 401.13 [CHARGES MADE TO COUNTIES.] 114.18 Each participating county will be charged a sum equal to 114.19 the actual per diem cost of confinement of those juveniles 114.20 committed to the commissioner after August 1, 1973,and confined 114.21 in a state correctional facility. Provided, however, that the114.22 amount charged a participating county for the costs of114.23 confinement shall not exceed the subsidy to which the county is114.24 eligible.The commissioner shall annually determine costs 114.25 making necessary adjustments to reflect the actual costs of 114.26 confinement. However, in no case shall the percentage increase114.27 in the amount charged to the counties exceed the percentage by114.28 which the appropriation for the purposes of sections 401.01 to114.29 401.16 was increased over the preceding biennium.The 114.30 commissioner of corrections shall bill the counties and deposit 114.31 the receipts from the counties in the general fund. All charges 114.32 shall be a charge upon the county of commitment. 114.33 Sec. 12. Laws 1995, chapter 226, article 3, section 60, is 114.34 amended to read by adding a subdivision to read: 114.35 Subd. 1a. [INTERPRETIVE GUIDELINES.] The commissioners of 114.36 corrections and human services may develop interpretive 115.1 guidelines under Minnesota Statutes, chapter 245A, for the rules 115.2 described in subdivision 1. 115.3 Sec. 13. Laws 1995, chapter 226, article 3, section 60, 115.4 subdivision 4, is amended to read: 115.5 Subd. 4. [TIME LINES.] By December 1, 1996, the rulemaking 115.6 committee shall submit draft rule parts which address the 115.7 program standards, evaluation, and auditing standards and 115.8 procedures to the chairs of the senate crime prevention and 115.9 house of representatives judiciary committee for review. By115.10 July 31, 1997, the licensing and programming rulemaking process115.11 shall be completed.By July 1, 1998, the licensing and 115.12 programming rule draft must be completed and adoption of the 115.13 draft rule parts, under Minnesota Statutes, chapter 14, of the 115.14 Minnesota Procedures Act must begin. 115.15 Sec. 14. Laws 1996, chapter 408, article 8, section 21, is 115.16 amended to read: 115.17 Sec. 21. [TEMPORARY PROVISION; ELECTION TO RETAIN 115.18 RETIREMENT COVERAGE.] 115.19 (a) An employee in a position specified as qualifying under 115.20 sections 11, 12, 14, and 15, may elect to retain coverage under 115.21 the general employees retirement plan of the Minnesota state 115.22 retirement system or the teachers retirement association, or may 115.23 elect to have coverage transferred to and to contribute to the 115.24 correctional employees retirement plan. An employee electing to 115.25 participate in the correctional employees retirement plan shall 115.26 begin making contributions to the correctional plan beginning 115.27 the first full pay period after January 1, 1997, or the first 115.28 full pay period following filing of their election to transfer 115.29 coverage to the correctional employees retirement plan, 115.30 whichever is later. The election to retain coverage or to 115.31 transfer coverage must be made in writing by the person on a 115.32 form prescribed by the executive director of the Minnesota state 115.33 retirement system and must be filed with the executive director 115.34 no later than June 30December 31, 1997. 115.35 (b) An employee failing to make an election by June 15, 115.36 1997, must be notified by certified mail by the executive 116.1 director of the Minnesota state retirement system or of the 116.2 teachers retirement association, whichever applies, of the 116.3 deadline to make a choice. A person who does not submit an 116.4 election form must continue coverage in the general employees 116.5 retirement plan or the teachers retirement association, 116.6 whichever applies, and forfeits all rights to transfer 116.7 retirement coverage to the correctional employees retirement 116.8 plan. 116.9 (c) The election to retain coverage in the general employee 116.10 retirement plan or the teachers retirement association or the 116.11 election to transfer retirement coverage to the correctional 116.12 employees retirement plan is irrevocable once it is filed with 116.13 the executive director. 116.14 Sec. 15. Laws 1996, chapter 408, article 8, section 22, 116.15 subdivision 1, is amended to read: 116.16 Subdivision 1. [ELECTION OF PRIOR STATE SERVICE COVERAGE.] 116.17 (a) An employee who has future retirement coverage transferred 116.18 to the correctional employees retirement plan under sections 11, 116.19 12, 14, and15, and 16, and who does not elect to retain general 116.20 state employee retirement plan or teachers retirement 116.21 association coverage is entitled to elect to obtain prior 116.22 service credit for eligible state service performed on or after 116.23 July 1, 1975, and before the first day of the first full pay 116.24 period beginning after June 30December 31, 1997, with the 116.25 department of corrections or with the department of human 116.26 services at the Minnesota security hospital or the Minnesota 116.27 sexual psychopathic personality treatment center. All prior 116.28 service credit must be purchased. 116.29 (b) Eligible state service with the department of 116.30 corrections or with the department of human services is any 116.31 prior period of continuous service on or after July 1, 1975, 116.32 performed as an employee of the department of corrections or of 116.33 the department of human services that would have been eligible 116.34 for the correctional employees retirement plan coverage under 116.35 sections 11, 12, 14, and15, and 16, if that prior service had 116.36 been performed after the first day of the first full pay period 117.1 beginning after December 31, 1996, rather than before that 117.2 date. Service is continuous if there has been no period of 117.3 discontinuation of eligible state service for a period greater 117.4 than 180 calendar days. 117.5 (c) The department of corrections or the department of 117.6 human services, whichever applies, shall certify eligible state 117.7 service to the executive director of the Minnesota state 117.8 retirement system. 117.9 (d) A covered correctional plan employee employed on 117.10 January 1, 1997, who has past service in a job classification 117.11 covered under section 11, 12, 14, or15, or 16, on January 1, 117.12 1997, is entitled to purchase the past service if the applicable 117.13 department certifies that the employee met the eligibility 117.14 requirements for coverage. The employee must make the 117.15 additional employee contributions under section 17. Payments 117.16 for past service must be completed by June 30, 1999. 117.17 Sec. 16. Laws 1996, chapter 408, article 8, section 24, is 117.18 amended to read: 117.19 Sec. 24. [EARLY RETIREMENT INCENTIVE.] 117.20 This section applies to an employee who has future 117.21 retirement coverage transferred to the correctional employee 117.22 retirement plan under sections 11, 12, 14, and15, and 16, and 117.23 who is at least 55 years old on the effective date of sections 117.24 11, 12, 14, and15, and 16. That employee may participate in a 117.25 health insurance early retirement incentive available under the 117.26 terms of a collective bargaining agreement in effect on the day 117.27 before the effective date of sections 11, 12, 14, and15, and 117.28 16, notwithstanding any provision of the collective bargaining 117.29 agreement that limits participation to persons who select the 117.30 option during the payroll period in which their 55th birthday 117.31 occurs. A person selecting the health insurance early 117.32 retirement incentive under this section must retire by the later 117.33 of December 31, 1997June 30, 1998, or within the pay period 117.34 following the time at which the person has at least three years 117.35 of covered correctional service, including any purchased service 117.36 credit. An employee meeting this criteria who wishes to extend 118.1 the person's employment must do so under Minnesota Statutes, 118.2 section 43A.34, subdivision 3. 118.3 Sec. 17. [PROBATION SERVICES WORKING GROUP.] 118.4 Subdivision 1. [GROUP ESTABLISHED; PURPOSE.] The 118.5 commissioner of corrections shall convene a working group 118.6 consisting of individuals experienced in the field of criminal 118.7 justice. The group shall study how probation services are 118.8 delivered within the state and in other states and recommend 118.9 methods to streamline and improve the delivery of probation 118.10 services. The group shall recommend necessary changes to state 118.11 law to facilitate or authorize these changes. Specifically, the 118.12 group shall recommend methods to centralize the administration, 118.13 supervision, and funding of probation services within the 118.14 state. The commissioner or the commissioner's designees shall 118.15 serve as the group's chair. 118.16 Subd. 2. [REPORT.] By February 15, 1998, the commissioner 118.17 shall report to the chairs of the senate and house committees or 118.18 divisions having jurisdiction over criminal justice policy and 118.19 funding on the findings and recommendations of the working group. 118.20 Sec. 18. [AMENDMENT TO RULES DIRECTED.] 118.21 The department of corrections shall amend Minnesota Rules, 118.22 part 2940.3500, subpart 2, to require that a revocation hearing 118.23 occur within ten working days of the releasee's availability to 118.24 the department. This section does not restrict a hearing 118.25 officer's authority to grant a continuance. 118.26 Sec. 19. [SAUK CENTRE WORKING GROUP.] 118.27 Subdivision 1. [ESTABLISHED.] A working group is 118.28 established to cooperate with the commissioner of administration 118.29 in developing a request for proposals to operate a residential 118.30 facility for delinquent male juveniles at the site of the 118.31 current Minnesota correctional facility-Sauk Centre. The 118.32 working group shall develop an advisory request for proposals as 118.33 provided in this section and present it to the commissioner by 118.34 September 15, 1997. 118.35 Subd. 2. [MEMBERSHIP.] The working group consists of 12 118.36 members. One majority and one minority member of the senate, 119.1 appointed by the subcommittee on committees, and one majority 119.2 and one minority member of the house of representatives, 119.3 appointed by the speaker, shall serve on the working group as 119.4 nonvoting members. Two representatives from Hennepin county, 119.5 two representatives from Ramsey county, and a representative 119.6 from St. Louis county shall serve on the working group. In 119.7 addition, the Minnesota association of counties shall select 119.8 three counties from greater Minnesota to be represented on the 119.9 working group. Each county shall have one representative 119.10 serving on the group. These representatives must be experienced 119.11 professionals in the juvenile justice field, appointed by the 119.12 county board. The group may elect a chair from among its 119.13 members. 119.14 Subd. 3. [ADVISORY REQUEST FOR PROPOSALS.] The advisory 119.15 request for proposals must solicit responses from organizations 119.16 across the country to lease and operate the facility for a 119.17 period of five years. In developing the request for proposals, 119.18 the group shall consult with professionals with demonstrated 119.19 experience in the juvenile justice field and shall review 119.20 juvenile residential facilities across the country to determine 119.21 necessary components for the operation of the facility. The 119.22 request for proposals must include the components necessary to 119.23 operate the facility in a state-of-the-art manner using 119.24 effective programming for juveniles. The request for proposals 119.25 must require strong aftercare programming for juveniles released 119.26 from the facility and an evaluation procedure to determine the 119.27 reoffense rate of released juveniles. 119.28 Sec. 20. [ISSUANCE OF REQUEST FOR PROPOSALS; SELECTION OF 119.29 VENDOR.] 119.30 The commissioner of administration, in consultation with 119.31 the working group, shall develop a request for proposals to 119.32 operate a juvenile male residential facility at Sauk Centre and 119.33 shall issue the request by October 1, 1997. The request must 119.34 remain open until November 15, 1997. Upon receipt and 119.35 evaluation of the responses to the request for proposals, and 119.36 before selecting a vendor to operate the facility, the 120.1 commissioner of administration shall provide the proposals and 120.2 the commissioner's evaluation of the proposals to the chairs of 120.3 the senate crime prevention committee and crime prevention and 120.4 judiciary budget division, and the house judiciary committee and 120.5 judiciary finance division. Within 14 days after receiving 120.6 them, the chairs shall advise the commissioner on which proposal 120.7 should be selected. By January 15, 1998, the commissioner shall 120.8 select a vendor to operate the facility. On July 1, 1998, the 120.9 vendor shall begin operating the facility. 120.10 Sec. 21. [STATE OPERATION OF SAUK CENTRE ENDED.] 120.11 (a) After June 30, 1998, the Minnesota correctional 120.12 facility-Sauk Centre will no longer be operated by the 120.13 commissioner of corrections. The facility will be operated by a 120.14 vendor selected by the commissioner of administration under 120.15 section 19. However, the commissioner of corrections retains 120.16 the authority to license the facility. By July 1, 1998, 120.17 juveniles confined at Sauk Centre must be transferred to the 120.18 Minnesota correctional facility-Red Wing or to other residential 120.19 facilities licensed by the commissioner of corrections, or upon 120.20 request of the county, to the county originally having 120.21 jurisdiction over the juvenile. In the alternative, a juvenile 120.22 may remain at Sauk Centre if a satisfactory arrangement can be 120.23 made with the new vendor chosen to operate the facility. 120.24 (b) The commissioner of corrections shall make diligent 120.25 efforts to place employees assigned to the Minnesota 120.26 correctional facility-Sauk Centre on June 30, 1998, to 120.27 comparable jobs at other facilities operated by the 120.28 commissioner. Any transfers in accordance with this paragraph 120.29 are governed by applicable provisions of collective bargaining 120.30 agreements and personnel policies affecting the employees. 120.31 Sec. 22. [JUVENILE SEX OFFENDER TREATMENT PROGRAM.] 120.32 By July 1, 1998, the commissioner of corrections shall 120.33 begin operating a juvenile sex offender treatment program at the 120.34 Minnesota correctional facility-Red Wing. 120.35 Sec. 23. [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL 120.36 FACILITY-RED WING.] 121.1 (a) By July 1, 1998, the commissioner of corrections shall 121.2 develop admissions criteria for the placement of juveniles at 121.3 the Minnesota correctional facility-Red Wing. In developing 121.4 these criteria, the commissioner shall seek and consider the 121.5 advice of county representatives. These criteria must ensure 121.6 that juveniles who commit less serious offenses or who do not 121.7 need the type of supervision and programming available at Red 121.8 Wing are not placed there. These criteria must ensure that to 121.9 the greatest extent possible, juveniles are supervised and 121.10 programmed for in the community in which they live or whose 121.11 jurisdiction they are under. 121.12 (b) By February 15, 1998, the commissioner shall report to 121.13 the chairs of the senate crime prevention and judiciary budget 121.14 division and the house judiciary finance division on the 121.15 development of the criteria required under paragraph (a). The 121.16 report must include draft admissions criteria. 121.17 Sec. 24. [COLLABORATION WITH HENNEPIN COUNTY ON FEMALE 121.18 JUVENILE RESIDENTIAL FACILITY.] 121.19 (a) The commissioner of corrections shall explore the 121.20 feasibility and advisability of collaborating with Hennepin 121.21 county to construct a female juvenile residential facility. The 121.22 purpose of the facility would be to accept juvenile females 121.23 committed to the commissioner of corrections, juvenile females 121.24 placed at the facility by Hennepin county, and juvenile females 121.25 accepted under contracts from other counties. By February 1, 121.26 1998, the commissioner shall report findings to the chairs of 121.27 the senate crime prevention and judiciary budget division and 121.28 the house judiciary finance committee. 121.29 (b) If the commissioner determines that it is feasible and 121.30 advisable to construct the facility described in paragraph (a), 121.31 and the commissioner determines that it is necessary to act 121.32 expeditiously, the commissioner may enter into a contract with 121.33 Hennepin county to construct the facility. 121.34 Sec. 25. [REPEALER.] 121.35 Minnesota Statutes 1996, section 242.51, is repealed. 121.36 Sec. 26. [EFFECTIVE DATE; APPLICABILITY.] 122.1 Sections 7, 19, and 24 are effective the day following 122.2 final enactment. Sections 1, 2, 4, 9, 10, 12 to 18, and 20 to 122.3 23 are effective July 1, 1997. Section 3 is effective January 122.4 1, 1998. Sections 5, 6, 8, 11, and 25 are effective July 1, 122.5 1998. 122.6 ARTICLE 8 122.7 MISCELLANEOUS PROVISIONS 122.8 Section 1. Minnesota Statutes 1996, section 144.761, 122.9 subdivision 5, is amended to read: 122.10 Subd. 5. [EMERGENCY MEDICAL SERVICES PERSONNEL.] 122.11 "Emergency medical services personnel" means: 122.12 (1) individuals employed to provide prehospital emergency 122.13 medical services; 122.14 (2) persons employed as licensed police officers under 122.15 section 626.84, subdivision 1, who experience a significant 122.16 exposure in the performance of their duties; 122.17 (3) firefighters, paramedics, emergency medical 122.18 technicians, licensed nurses, rescue squad personnel, or other 122.19 individuals who serve as employees or volunteers of an ambulance 122.20 service as defined by sections 144.801 to 144.8091, who provide 122.21 prehospital emergency medical services; 122.22 (4) crime lab personnel receiving a significant exposure 122.23 while involved in a criminal investigation; 122.24 (5) correctional guardspersonnel, including 122.25 security guardspersonnel at the Minnesota security hospital, 122.26 employed by the state or a local unit of government and health 122.27 and human services personnel who directly serve inmates, who 122.28 experience a significant exposure to an inmate who is122.29 transported to a facility for emergency medical carein the 122.30 performance of their duties; and 122.31 (6) other persons who render emergency care or assistance 122.32 at the scene of an emergency, or while an injured person is 122.33 being transported to receive medical care, and who would qualify 122.34 for immunity from liability under the good samaritan law, 122.35 section 604A.01. 122.36 Sec. 2. Minnesota Statutes 1996, section 144.761, 123.1 subdivision 7, is amended to read: 123.2 Subd. 7. [SIGNIFICANT EXPOSURE.] "Significant exposure" 123.3 means: 123.4 (1) contact, in a manner supported by contemporary 123.5 epidemiological research as a significant method of HIV or 123.6 hepatitis B transmission, of the broken skin or mucous membrane 123.7 of emergency medical services personnel with a patient's blood, 123.8 amniotic fluid, pericardial fluid, peritoneal fluid, pleural 123.9 fluid, synovial fluid, cerebrospinal fluid, semen, vaginal 123.10 secretions, or bodily fluids grossly contaminated with blood; 123.11 (2) a needle stick, scalpel or instrument wound, or other 123.12 wound inflicted by an object that is contaminated with blood, 123.13 and that is capable of cutting or puncturing the skin of 123.14 emergency medical services personnel; or 123.15 (3) an exposure that occurs by any other method of 123.16 transmission recognized by contemporary epidemiological 123.17 standards as a significant exposure. 123.18 Sec. 3. Minnesota Statutes 1996, section 144.762, 123.19 subdivision 2, is amended to read: 123.20 Subd. 2. [REQUIREMENTS FOR PROTOCOL.] The postexposure 123.21 notification protocol must include the following: 123.22 (1) a method for emergency medical services personnel to 123.23 notify the facility that they may have experienced a significant 123.24 exposure from a patient that was transported to the facility. 123.25 The facility shall provide to the emergency medical services 123.26 personnel a significant exposure report form to be completed by 123.27 the emergency medical services personnel in a timely fashion; 123.28 (2) a process to investigate and determine whether a 123.29 significant exposure has occurred. This investigation must be 123.30 completed within 72 hours of receipt of the exposure report, or 123.31 within a time period that will enable the patient to benefit 123.32 from contemporary standards of care for reducing the risk of 123.33 infection; 123.34 (3) if there has been a significant exposure, a process to 123.35 determine whether the patient has hepatitis B or HIV infection; 123.36 (4) if the patient has an infectious disease that could be 124.1 transmitted by the type of exposure that occurred, or, if it is 124.2 not possible to determine what disease the patient may have, a 124.3 process for making recommendations for appropriate counseling 124.4 and testing to the emergency medical services personnel; 124.5 (5) compliance with applicable state and federal laws 124.6 relating to data practices, confidentiality, informed consent, 124.7 and the patient bill of rights; and 124.8 (6) a process for providing counseling for the patient to 124.9 be tested and for the emergency medical services personnel 124.10 filing the exposure report. 124.11 Sec. 4. Minnesota Statutes 1996, section 144.762, is 124.12 amended by adding a subdivision to read: 124.13 Subd. 2a. [PROTOCOL FOR PEACE OFFICERS.] Employers of 124.14 peace officers shall adopt a postexposure notification protocol 124.15 for emergency medical services personnel, as defined in section 124.16 144.761, subdivision 5, clause (2), who have experienced a 124.17 significant exposure in a case where a patient was not 124.18 transported to an emergency medical services agency. The 124.19 protocol must include the following: 124.20 (1) a method for the emergency medical services personnel 124.21 to notify the facility that they may have experienced a 124.22 significant exposure in the performance of their duties; 124.23 (2) a method for the employer to notify the patient, 124.24 whether or not immediately available, that an emergency medical 124.25 services personnel has presented notice in accordance with the 124.26 protocol provided in clause (1); and 124.27 (3) a process for transferring the emergency medical 124.28 services personnel and the patient to an emergency medical 124.29 services agency, or for bringing a qualified representative and 124.30 the services of an emergency medical services agency to the 124.31 facility in which the patient is being held for an assessment in 124.32 accordance with the protocol provided in subdivisions 1 and 2. 124.33 Sec. 5. Minnesota Statutes 1996, section 144.765, is 124.34 amended to read: 124.35 144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 124.36 (a) Upon notification of a significant exposure, the 125.1 facility shall ask the patient to consent to blood testing to 125.2 determine the presence of the HIV virus or the hepatitis B 125.3 virus. The patient shall be informed that the test results 125.4 without personally identifying information will be reported to 125.5 the emergency medical services personnel. 125.6 (b) The patient shall be informed of the right to refuse to 125.7 be tested and that information collected through this process 125.8 cannot be used as evidence in any criminal proceedings. If the 125.9 patient refuses to be tested, the patient's refusal will be 125.10 forwarded to the emergency medical services agency and to the 125.11 emergency medical services personnel. The right to refuse a 125.12 blood test under the circumstances described in this section 125.13 does not apply to a prisoner who is in the custody or under the 125.14 jurisdiction of the commissioner of corrections or a local 125.15 correctional authority as a result of a criminal conviction. 125.16 Sec. 6. Minnesota Statutes 1996, section 144.767, 125.17 subdivision 1, is amended to read: 125.18 Subdivision 1. [REPORT TO EMPLOYER.] Results of tests 125.19 conducted under this section shall be reported by the facility 125.20 to a designated agent of the emergency medical services agency 125.21 that employs or uses the emergency medical services personnel 125.22 and to the emergency medical services personnel who report the 125.23 significant exposure. The test results shall be reported 125.24 without personally identifying information and may not be used 125.25 as evidence in any criminal prosecution. 125.26 Sec. 7. Minnesota Statutes 1996, section 151.40, is 125.27 amended to read: 125.28 151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND 125.29 NEEDLES.] 125.30 Subdivision 1. [GENERALLY.] Except as otherwise provided 125.31 in subdivision 2, it shall beis unlawful for any person to 125.32 possess, control, manufacture, sell, furnish, dispense, or 125.33 otherwise dispose of hypodermic syringes or needles or any 125.34 instrument or implement which can be adapted for subcutaneous 125.35 injections, except by the following persons when acting in the 125.36 course of their practice or employment: licensed practitioners, 126.1 registered pharmacies and their employees or agents, licensed 126.2 pharmacists, licensed doctors of veterinary medicine or their 126.3 assistants, registered nurses, registered medical technologists, 126.4 medical interns, licensed drug wholesalers, their employees or 126.5 agents, licensed hospitals, licensed nursing homes, bona fide 126.6 hospitals where animals are treated, licensed morticians, 126.7 syringe and needle manufacturers, their dealers and agents, 126.8 persons engaged in animal husbandry, clinical laboratories, 126.9 persons engaged in bona fide research or education or industrial 126.10 use of hypodermic syringes and needles provided such persons 126.11 cannot use hypodermic syringes and needles for the 126.12 administration of drugs to human beings unless such drugs are 126.13 prescribed, dispensed, and administered by a person lawfully 126.14 authorized to do so, persons who administer drugs pursuant to an 126.15 order or direction of a licensed doctor of medicine or of a 126.16 licensed doctor of osteopathy duly licensed to practice medicine. 126.17 Subd. 2. [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND 126.18 SYRINGES.] (a) A registered pharmacy or its agent or a licensed 126.19 pharmacist may sell, without a prescription, unused hypodermic 126.20 needles and syringes in quantities of ten or fewer, provided 126.21 that the pharmacy or pharmacist complies with all of the 126.22 requirements of this subdivision. 126.23 (b) At any location where hypodermic needles and syringes 126.24 are kept for retail sale under this subdivision, the needles and 126.25 syringes shall be stored in a manner that makes them available 126.26 only to authorized personnel and not openly available to 126.27 customers. 126.28 (c) No registered pharmacy or licensed pharmacist may 126.29 advertise to the public the availability for retail sale, 126.30 without a prescription, of hypodermic needles or syringes in 126.31 quantities of ten or fewer. 126.32 (d) A registered pharmacy or licensed pharmacist that sells 126.33 hypodermic needles or syringes under this subdivision may give 126.34 the purchaser educational materials developed by the 126.35 commissioner of health. 126.36 Sec. 8. Minnesota Statutes 1996, section 152.01, 127.1 subdivision 18, is amended to read: 127.2 Subd. 18. [DRUG PARAPHERNALIA.] (a) Except as otherwise 127.3 provided in paragraph (b), "drug paraphernalia" means all 127.4 equipment, products, and materials of any kind, except those 127.5 items used in conjunction with permitted uses of controlled 127.6 substances under this chapter or the Uniform Controlled 127.7 Substances Act, which are knowingly or intentionally used 127.8 primarily in (1) manufacturing a controlled substance, (2) 127.9 injecting, ingesting, inhaling, or otherwise introducing into 127.10 the human body a controlled substance, (3) testing the strength, 127.11 effectiveness, or purity of a controlled substance, or (4) 127.12 enhancing the effect of a controlled substance. 127.13 (b) "Drug paraphernalia" does not include the possession, 127.14 manufacture, delivery, or sale of unused hypodermic needles or 127.15 syringes in quantities of ten or fewer in accordance with 127.16 section 151.40, subdivision 2. 127.17 Sec. 9. Minnesota Statutes 1996, section 152.021, 127.18 subdivision 1, is amended to read: 127.19 Subdivision 1. [SALE CRIMES.] A person is guilty of 127.20 controlled substance crime in the first degree if: 127.21 (1) on one or more occasions within a 90-day period the 127.22 person unlawfully sells one or more mixtures of a total weight 127.23 of ten grams or more containing cocaine or heroin; 127.24 (2) on one or more occasions within a 90-day period the 127.25 person unlawfully sells one or more mixtures of a total weight 127.26 of 50 grams or more containing a narcotic drug other than 127.27 cocaine or heroin; 127.28 (3) on one or more occasions within a 90-day period the 127.29 person unlawfully sells one or more mixtures of a total weight 127.30 of 50 grams or more containing methamphetamine, amphetamine, 127.31 phencyclidine, or hallucinogen or, if the controlled substance 127.32 is packaged in dosage units, equaling 200 or more dosage units; 127.33 or 127.34 (4) on one or more occasions within a 90-day period the 127.35 person unlawfully sells one or more mixtures of a total weight 127.36 of 50 kilograms or more containing marijuana or 128.1 Tetrahydrocannabinols, or one or more mixtures of a total weight 128.2 of 25 kilograms or more containing marijuana or 128.3 Tetrahydrocannabinols in a school zone, a park zone, or a public 128.4 housing zone. 128.5 Sec. 10. Minnesota Statutes 1996, section 152.021, 128.6 subdivision 2, is amended to read: 128.7 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 128.8 controlled substance crime in the first degree if: 128.9 (1) the person unlawfully possesses one or more mixtures of 128.10 a total weight of 25 grams or more containing cocaine or heroin; 128.11 (2) the person unlawfully possesses one or more mixtures of 128.12 a total weight of 500 grams or more containing a narcotic drug 128.13 other than cocaine or heroin; 128.14 (3) the person unlawfully possesses one or more mixtures of 128.15 a total weight of 500 grams or more containing methamphetamine, 128.16 amphetamine, phencyclidine, or hallucinogen or, if the 128.17 controlled substance is packaged in dosage units, equaling 500 128.18 or more dosage units; or 128.19 (4) the person unlawfully possesses one or more mixtures of 128.20 a total weight of 100 kilograms or more containing marijuana or 128.21 Tetrahydrocannabinols. 128.22 Sec. 11. Minnesota Statutes 1996, section 152.022, 128.23 subdivision 1, is amended to read: 128.24 Subdivision 1. [SALE CRIMES.] A person is guilty of 128.25 controlled substance crime in the second degree if: 128.26 (1) on one or more occasions within a 90-day period the 128.27 person unlawfully sells one or more mixtures of a total weight 128.28 of three grams or more containing cocaine or heroin; 128.29 (2) on one or more occasions within a 90-day period the 128.30 person unlawfully sells one or more mixtures of a total weight 128.31 of ten grams or more containing a narcotic drug other than 128.32 cocaine or heroin; 128.33 (3) on one or more occasions within a 90-day period the 128.34 person unlawfully sells one or more mixtures of a total weight 128.35 of ten grams or more containing methamphetamine, amphetamine, 128.36 phencyclidine, or hallucinogen or, if the controlled substance 129.1 is packaged in dosage units, equaling 50 or more dosage units; 129.2 (4) on one or more occasions within a 90-day period the 129.3 person unlawfully sells one or more mixtures of a total weight 129.4 of 25 kilograms or more containing marijuana or 129.5 Tetrahydrocannabinols; 129.6 (5) the person unlawfully sells any amount of a schedule I 129.7 or II narcotic drug to a person under the age of 18, or 129.8 conspires with or employs a person under the age of 18 to 129.9 unlawfully sell the substance; or 129.10 (6) the person unlawfully sells any of the following in a 129.11 school zone, a park zone, or a public housing zone: 129.12 (i) any amount of a schedule I or II narcotic drug, or 129.13 lysergic acid diethylamide (LSD); 129.14 (ii) one or more mixtures containing methamphetamine or 129.15 amphetamine; or 129.16 (iii) one or more mixtures of a total weight of five 129.17 kilograms or more containing marijuana or Tetrahydrocannabinols. 129.18 Sec. 12. Minnesota Statutes 1996, section 152.022, 129.19 subdivision 2, is amended to read: 129.20 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 129.21 controlled substance crime in the second degree if: 129.22 (1) the person unlawfully possesses one or more mixtures of 129.23 a total weight of six grams or more containing cocaine or 129.24 heroin; 129.25 (2) the person unlawfully possesses one or more mixtures of 129.26 a total weight of 50 grams or more containing a narcotic drug 129.27 other than cocaine or heroin; 129.28 (3) the person unlawfully possesses one or more mixtures of 129.29 a total weight of 50 grams or more containing methamphetamine, 129.30 amphetamine, phencyclidine, or hallucinogen or, if the 129.31 controlled substance is packaged in dosage units, equaling 100 129.32 or more dosage units; or 129.33 (4) the person unlawfully possesses one or more mixtures of 129.34 a total weight of 50 kilograms or more containing marijuana or 129.35 Tetrahydrocannabinols. 129.36 Sec. 13. Minnesota Statutes 1996, section 152.023, 130.1 subdivision 2, is amended to read: 130.2 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 130.3 controlled substance crime in the third degree if: 130.4 (1) the person unlawfully possesses one or more mixtures of 130.5 a total weight of three grams or more containing cocaine or 130.6 heroin; 130.7 (2) the person unlawfully possesses one or more mixtures of 130.8 a total weight of ten grams or more containing a narcotic drug 130.9 other than cocaine or heroin; 130.10 (3) the person unlawfully possesses one or more mixtures 130.11 containing a narcotic drug, it is packaged in dosage units, and 130.12 equals 50 or more dosage units; 130.13 (4) the person unlawfully possesses any amount of a 130.14 schedule I or II narcotic drug or five or more dosage units of 130.15 lysergic acid diethylamide (LSD) in a school zone, a park zone, 130.16 or a public housing zone; 130.17 (5) the person unlawfully possesses one or more mixtures of 130.18 a total weight of ten kilograms or more containing marijuana or 130.19 Tetrahydrocannabinols; or 130.20 (6) the person unlawfully possesses one or more mixtures 130.21 containing methamphetamine or amphetamine in a school zone, a 130.22 park zone, or a public housing zone. 130.23 Sec. 14. Minnesota Statutes 1996, section 260.161, 130.24 subdivision 1a, is amended to read: 130.25 Subd. 1a. [RECORD OF FINDINGS.] (a) The juvenile court 130.26 shall forward to the bureau of criminal apprehension the 130.27 following data in juvenile petitions involving felony- or gross 130.28 misdemeanor-level offenses: 130.29 (1) the name and birthdate of the juvenile, including any 130.30 of the juvenile's known aliases or street names; 130.31 (2) the act for which the juvenile was petitioned and date 130.32 of the offense; and 130.33 (3) the date and county where the petition was filed. 130.34 (b) Upon completion of the court proceedings, the court 130.35 shall forward the court's finding and case disposition to the 130.36 bureau. Notwithstanding section 138.17, if the petition was131.1 dismissed or the juvenile was not found to have committed a131.2 gross misdemeanor or felony-level offense, the bureau and a131.3 person who received the data from the bureau shall destroy all131.4 data relating to the petition collected under paragraph (a).131.5 The bureau shall notify a person who received the data that the131.6 data must be destroyed.131.7 (c) The bureau shall retain data on a juvenile found to131.8 have committed a felony- or gross misdemeanor-level offense131.9 until the offender reaches the age of 28. If the offender131.10 commits a felony violation as an adult, the bureau shall retain131.11 the data for as long as the data would have been retained if the131.12 offender had been an adult at the time of the juvenile offense.131.13 The court shall specify whether: 131.14 (1) the juvenile was referred to a diversion program; 131.15 (2) the petition was dismissed, continued for dismissal, or 131.16 continued without adjudication; or 131.17 (3) the juvenile was adjudicated delinquent. 131.18 (d)(c) The juvenile court shall forward to the bureau, the 131.19 sentencing guidelines commission, and the department of 131.20 corrections the following data on individuals convicted as 131.21 extended jurisdiction juveniles: 131.22 (1) the name and birthdate of the offender, including any 131.23 of the juvenile's known aliases or street names; 131.24 (2) the crime committed by the offender and the date of the 131.25 crime; 131.26 (3) the date and county of the conviction; and 131.27 (4) the case disposition. 131.28 The court shall notify the bureau, the sentencing 131.29 guidelines commission, and the department of corrections 131.30 whenever it executes an extended jurisdiction juvenile's adult 131.31 sentence under section 260.126, subdivision 5. 131.32 (e)(d) The bureau, sentencing guidelines commission, and 131.33 the department of corrections shall retain the extended 131.34 jurisdiction juvenile data for as long as the data would have 131.35 been retained if the offender had been an adult at the time of 131.36 the offense. Data retained on individuals under this 132.1 subdivision are private data under section 13.02, except that 132.2 extended jurisdiction juvenile data becomes public data under 132.3 section 13.87, subdivision 2, when the juvenile court notifies 132.4 the bureau that the individual's adult sentence has been 132.5 executed under section 260.126, subdivision 5. 132.6 Sec. 15. [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE 132.7 TO DISABLED.] 132.8 Subdivision 1. [OFFICER DISABLED IN LINE OF DUTY.] (a) 132.9 This subdivision applies when a peace officer suffers a 132.10 disabling injury that: 132.11 (1) results in the officer's retirement or separation from 132.12 service; 132.13 (2) occurs while the officer is acting in the course and 132.14 scope of duties as a peace officer; and 132.15 (3) the officer has been approved to receive the officer's 132.16 duty-related disability pension. 132.17 (b) The officer's employer shall continue to provide health 132.18 coverage for: 132.19 (1) the officer; and 132.20 (2) the officer's dependents if the officer was receiving 132.21 dependent coverage at the time of the injury under the 132.22 employer's group health plan. 132.23 (c) The employer is responsible for the continued payment 132.24 of the employer's contribution for coverage of the officer and, 132.25 if applicable, the officer's dependents. Coverage must continue 132.26 for the officer and, if applicable, the officer's dependents 132.27 until the officer reaches the age of 65. However, coverage for 132.28 dependents does not have to be continued after the person no 132.29 longer meets the definition of dependent. 132.30 Subd. 2. [OFFICER KILLED IN LINE OF DUTY.] (a) This 132.31 subdivision applies when a peace officer is killed while on duty 132.32 and discharging the officer's duties as a peace officer. 132.33 (b) The officer's employer shall continue to cover the 132.34 deceased officer's dependents if the officer was receiving 132.35 dependent coverage at the time of the officer's death under the 132.36 employer's group health plan. 133.1 (c) The employer is responsible for the employer's 133.2 contribution for the coverage of the officer's dependents. 133.3 Coverage must continue for a dependent of the officer for the 133.4 period of time that the person meets the definition of dependent 133.5 up to the age of 65. 133.6 Subd. 3. [COORDINATION OF BENEFITS.] Health insurance 133.7 benefits payable to the officer and the officer's dependents 133.8 from any other source provides the primary coverage, and 133.9 coverage available under this section is secondary. 133.10 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 133.11 employer subject to this section may annually apply to the 133.12 commissioner of public safety for reimbursement of its costs of 133.13 complying with this section. The commissioner shall provide 133.14 reimbursement to the public employer out of the public safety 133.15 officer's benefit account. 133.16 Subd. 5. [DEFINITION.] For purposes of this section: 133.17 (a) "Peace officer" or "officer" has the meaning given in 133.18 section 626.84, subdivision 1, paragraph (c). 133.19 (b) "Dependent" means a person who meets the definition of 133.20 dependent in section 62L.02, subdivision 11, at the time of the 133.21 officer's injury or death. 133.22 Sec. 16. Minnesota Statutes 1996, section 299C.095, is 133.23 amended to read: 133.24 299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 133.25 Subdivision 1. [ACCESS.] (a) The bureau shall administer 133.26 and maintain the computerized juvenile history record system 133.27 based on section 260.161 and other statutes requiring the 133.28 reporting of data on juveniles. The data in the system are 133.29 private data as defined in section 13.02, subdivision 12, but 133.30 are accessible to criminal justice agencies as defined in 133.31 section 13.02, subdivision 3a, to all trial courts and appellate 133.32 courts, to a person who has access to the juvenile court records 133.33 as provided in section 260.161 or under court rule and to 133.34 criminal justice agencies in other states in the conduct of 133.35 their official duties. 133.36 (b) Except for access authorized under paragraph (a), the 134.1 bureau shall only disseminate a juvenile adjudication history 134.2 record in connection with a background check required by statute 134.3 or rule and performed on a licensee, license applicant, or 134.4 employment applicant or performed under section 624.713. A 134.5 consent for release of information from an individual who is the 134.6 subject of a juvenile adjudication history is not effective and 134.7 the bureau shall not release a juvenile adjudication history 134.8 record and shall not release information in a manner that 134.9 reveals the existence of the record. 134.10 Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17, 134.11 the bureau shall retain juvenile history records for the time 134.12 periods provided in this subdivision. Notwithstanding contrary 134.13 provisions of paragraphs (b) to (e), all data in a juvenile 134.14 history record must be retained for the longest time period 134.15 applicable to any item in the individual juvenile history 134.16 record. If, before data are destroyed under this subdivision, 134.17 the subject of the data is convicted of a felony as an adult, 134.18 the individual's juvenile history record must be retained for 134.19 the same time period as an adult criminal history record. 134.20 (b) Juvenile history data on a child who was arrested must 134.21 be destroyed six months after the arrest if the child has not 134.22 been referred to a diversion program and no petition has been 134.23 filed against the child by that time. 134.24 (c) Juvenile history data on a child against whom a 134.25 delinquency petition was filed and subsequently dismissed must 134.26 be destroyed upon receiving notice from the court that the 134.27 petition was dismissed. 134.28 (d) Juvenile history data on a child who was referred to a 134.29 diversion program or against whom a delinquency petition has 134.30 been filed and continued for dismissal must be destroyed when 134.31 the child reaches age 21. 134.32 (e) Juvenile history data on a child against whom a 134.33 delinquency petition was filed and continued without 134.34 adjudication, or a child who was found to have committed a 134.35 felony or gross misdemeanor-level offense, must be destroyed 134.36 when the child reaches age 28. If the offender commits a felony 135.1 violation as an adult, the bureau shall retain the data for as 135.2 long as the data would have been retained if the offender had 135.3 been an adult at the time of the juvenile offense. 135.4 (f) The bureau shall retain extended jurisdiction juvenile 135.5 data on an individual received under section 260.161, 135.6 subdivision 1a, paragraph (c), for as long as the data would 135.7 have been retained if the offender had been an adult at the time 135.8 of the offense. 135.9 (g) Data retained on individuals under this subdivision are 135.10 private data under section 13.02, except that extended 135.11 jurisdiction juvenile data become public data under section 135.12 13.87, subdivision 2, when the juvenile court notifies the 135.13 bureau that the individual's adult sentence has been executed 135.14 under section 260.126, subdivision 5. 135.15 (h) A person who receives data on a juvenile under 135.16 paragraphs (b) to (e) from the bureau shall destroy the data 135.17 according to the schedule in this subdivision. The bureau shall 135.18 include a notice of the destruction schedule with all data it 135.19 disseminates on juveniles. 135.20 Sec. 17. Minnesota Statutes 1996, section 299C.10, 135.21 subdivision 1, is amended to read: 135.22 Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby 135.23 made the duty of the sheriffs of the respective counties, of the 135.24 police officers in cities of the first, second, and third 135.25 classes, under the direction of the chiefs of police in such 135.26 cities, and of community corrections agencies operating secure 135.27 juvenile detention facilities to take or cause to be taken 135.28 immediately finger and thumb prints, photographs, distinctive 135.29 physical mark identification data, and suchother identification 135.30 data as may berequested or required by the superintendent of 135.31 the bureau ;, of allthe following: 135.32 (1) persons arrested for a felony ,or gross misdemeanor , of135.33 all; 135.34 (2) juveniles committingarrested for or alleged to have 135.35 committed felonies as distinguished from those committed by 135.36 adult offenders , of all; 136.1 (3) persons reasonably believed by the arresting officer to 136.2 be fugitives from justice , of all; 136.3 (4) persons in whose possession, when arrested, are found 136.4 concealed firearms or other dangerous weapons, burglar tools or 136.5 outfits, high-power explosives, or articles, machines, or 136.6 appliances usable for an unlawful purpose and reasonably 136.7 believed by the arresting officer to be intended for such 136.8 purposes ,; and 136.9 (5) juveniles referred by a law enforcement agency to a 136.10 diversion program for a felony or gross misdemeanor offense. 136.11 Within 24 hours thereafter to forward suchthe fingerprint 136.12 records and other identification data specified under this 136.13 paragraph must be forwarded to the bureau of criminal 136.14 apprehension on such forms and in such manner as may be 136.15 prescribed by the superintendent of the bureau of criminal 136.16 apprehension. 136.17 (b) Effective August 1, 1997, the identification reporting 136.18 requirements shall also apply to persons committingarrested for 136.19 or alleged to have committed targeted misdemeanor offenses ,136.20 including violent and enhanceable crimes,and 136.21 juveniles committingarrested for or alleged to have committed 136.22 gross misdemeanors. In addition, the reporting requirements 136.23 shall include any known aliases or street names of the offenders. 136.24 For purposes of this section, a targeted misdemeanor is a 136.25 misdemeanor violation of section 169.121 (driving while 136.26 intoxicated), 518B.01 (order for protection violation), 609.224 136.27 (fifth degree assault), 609.2242 (domestic assault), 609.746 136.28 (interference with privacy), 609.748 (harassment or restraining 136.29 order violation), or 617.23 (indecent exposure). 136.30 Sec. 18. Minnesota Statutes 1996, section 299C.10, 136.31 subdivision 4, is amended to read: 136.32 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 136.33 APPROPRIATION.] The superintendent shall collect a fee in an 136.34 amount to cover the expense for each background check provided 136.35 for a purpose not directly related to the criminal justice 136.36 system or required by section 624.7131, 624.7132, or 624.714. 137.1 The proceeds of the fee must be deposited in a special account. 137.2 Until July 1, 19971999, money in the account is appropriated to 137.3 the commissioner to maintain and improve the quality of the 137.4 criminal record system in Minnesota. 137.5 Sec. 19. Minnesota Statutes 1996, section 299C.13, is 137.6 amended to read: 137.7 299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 137.8 Upon receipt of information data as to any arrested person, 137.9 the bureau shall immediately ascertain whether the person 137.10 arrested has a criminal record or is a fugitive from justice, 137.11 and shall at once inform the arresting officer of the facts 137.12 ascertained, including references to any adult court disposition 137.13 data that are not in the criminal history system. Upon 137.14 application by any sheriff, chief of police, or other peace 137.15 officer in the state, or by an officer of the United States or 137.16 by an officer of another state, territory, or government duly 137.17 authorized to receive the same and effecting reciprocal 137.18 interchange of similar information with the division, it shall 137.19 be the duty of the bureau to furnish all information in its 137.20 possession pertaining to the identification of any person. If 137.21 the bureau has a sealed record on the arrested person, it shall 137.22 notify the requesting peace officer of that fact and of the 137.23 right to seek a court order to open the record for purposes of 137.24 law enforcement. A criminal justice agency shall be notified, 137.25 upon request, of the existence and contents of a sealed record 137.26 containing conviction information about an applicant for 137.27 employment. For purposes of this section a "criminal justice 137.28 agency" means courts or a government agency that performs the 137.29 administration of criminal justice under statutory authority. 137.30 Sec. 20. Minnesota Statutes 1996, section 326.3386, 137.31 subdivision 3, is amended to read: 137.32 Subd. 3. [DESIGNATION FEE.] When a licensed private 137.33 detective or protective agent who is a partnership or 137.34 corporation, desires to designate a new qualified representative 137.35 or Minnesota manager, a fee equal to one-half of the application137.36 license fee shall be submitted to the board. 138.1 Sec. 21. Minnesota Statutes 1996, section 326.3386, is 138.2 amended by adding a subdivision to read: 138.3 Subd. 6a. [TRAINING COURSE CERTIFICATION FEE.] An 138.4 applicant for training course certification, as specified in 138.5 section 326.3361, shall pay to the board a course certification 138.6 fee determined by the board. 138.7 Sec. 22. Minnesota Statutes 1996, section 326.3386, is 138.8 amended by adding a subdivision to read: 138.9 Subd. 6b. [TRAINING COURSE RECERTIFICATION FEE.] An 138.10 applicant for training course recertification shall pay to the 138.11 board a course recertification fee determined by the board. 138.12 Sec. 23. Minnesota Statutes 1996, section 363.073, 138.13 subdivision 1, is amended to read: 138.14 Subdivision 1. [SCOPE OF APPLICATION.] No department or 138.15 agency of the state shall accept any bid or proposal for a 138.16 contract or agreement or execute any contract or agreement for 138.17 goods or services in excess of $50,000$100,000 with any 138.18 business having more than 2040 full-time employees on a single 138.19 working day during the previous 12 months, unless the firm or 138.20 business has an affirmative action plan for the employment of 138.21 minority persons, women, and the disabled that has been approved 138.22 by the commissioner of human rights. Receipt of a certificate 138.23 of compliance issued by the commissioner shall signify that a 138.24 firm or business has an affirmative action plan that has been 138.25 approved by the commissioner. A certificate shall be valid for 138.26 a period of two years. A municipality as defined in section 138.27 466.01, subdivision 1, that receives state money for any reason 138.28 is encouraged to prepare and implement an affirmative action 138.29 plan for the employment of minority persons, women, and the 138.30 disabled and submit the plan to the commissioner of human rights. 138.31 Sec. 24. Minnesota Statutes 1996, section 609.10, is 138.32 amended to read: 138.33 609.10 [SENTENCES AVAILABLE.] 138.34 Upon conviction of a felony and compliance with the other 138.35 provisions of this chapter the court, if it imposes sentence, 138.36 may sentence the defendant to the extent authorized by law as 139.1 follows: 139.2 (1) to life imprisonment; or 139.3 (2) to imprisonment for a fixed term of years set by the 139.4 court; or 139.5 (3) to both imprisonment for a fixed term of years and 139.6 payment of a fine; or 139.7 (4) to payment of a fine without imprisonment or to 139.8 imprisonment for a fixed term of years if the fine is not paid; 139.9 or 139.10 (5) to payment of court-ordered restitution in addition to 139.11 either imprisonment or payment of a fine, or both; or 139.12 (6) to payment of a local correctional fee as authorized 139.13 under section 609.102 in addition to any other sentence imposed 139.14 by the court; or 139.15 (7) to perform work service in a restorative justice 139.16 program in addition to any other sentence imposed by the court. 139.17 As used in this section, "restitution" includes: 139.18 (i) payment of compensation to the victim or the victim's 139.19 family; and 139.20 (ii) if the victim is deceased or already has been fully 139.21 compensated, payment of money to a victim assistance program or 139.22 other program directed by the court. 139.23 In controlled substance crime cases, "restitution" also 139.24 includes payment of compensation to a government entity that 139.25 incurs loss as a direct result of the controlled substance crime. 139.26 Sec. 25. Minnesota Statutes 1996, section 609.101, 139.27 subdivision 5, is amended to read: 139.28 Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 139.29 PAYMENTS.] (a) The court may not waive payment of the minimum 139.30 fine, surcharge, or assessment required by this section. The139.31 court may reduce the amount of the minimum fine, surcharge, or139.32 assessment139.33 (b) If the defendant qualifies for the services of a public 139.34 defender or the court makes written findingsfinds on the record 139.35 that the convicted person is indigent or that immediate payment 139.36 of the fine, surcharge, or assessment would create undue 140.1 hardship for the convicted person or that person's immediate 140.2 family, the court may reduce the amount of the minimum fine to 140.3 an amount not less than $50. 140.4 (c) The court also may authorize payment of the fine, 140.5 surcharge, or assessment in installments. 140.6 Sec. 26. [609.113] [MANDATORY SENTENCE TO WORK PROGRAM FOR 140.7 CERTAIN OFFENDERS.] 140.8 Subdivision 1. [SENTENCE.] If a court stays the imposition 140.9 or execution of sentence under section 609.135 for a male 140.10 defendant who is under the age of 25 and convicted of a first- 140.11 or second-time nonviolent felony offense, and the person has 140.12 never been previously convicted of or adjudicated for committing 140.13 an offense against the person or a controlled substance offense, 140.14 the court, in addition to any other intermediate sanctions 140.15 ordered and as a condition of probation, shall order the 140.16 defendant to satisfactorily complete the work program described 140.17 in section 241.277 for the period of time specified in 140.18 subdivision 3. 140.19 If the work program is full at the time of sentencing, the 140.20 court may sentence the defendant to any sentence authorized in 140.21 section 609.10 or 609.135. The court may sentence the defendant 140.22 to the program and require that the person be placed in the 140.23 program when an opening occurs. 140.24 Subd. 2. [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 140.25 ineligible to be sentenced to the work program if: 140.26 (1) the court determines that the person has a serious 140.27 chemical dependency or mental health problem; or 140.28 (2) the person has been convicted of a nonviolent felony 140.29 offense after having initially been charged with committing a 140.30 crime against the person or a controlled substance offense. 140.31 Subd. 3. [LENGTH OF SENTENCE.] If the court determines 140.32 that the offense is the defendant's first nonviolent felony 140.33 offense, the court shall sentence the person to the work program 140.34 for 60 days. If the court determines that the offense is the 140.35 defendant's second nonviolent felony offense, the court shall 140.36 sentence the person to the work program for 90 days. The 141.1 defendant shall be placed in the work program as soon as 141.2 possible after the sentencing to ensure swift consequences for 141.3 the offense. 141.4 Subd. 4. [DEFINITION.] For purposes of this section, 141.5 "nonviolent felony offense" does not include crimes against the 141.6 person or controlled substance offenses. 141.7 Sec. 27. Minnesota Statutes 1996, section 609.125, is 141.8 amended to read: 141.9 609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 141.10 Upon conviction of a misdemeanor or gross misdemeanor the 141.11 court, if sentence is imposed, may, to the extent authorized by 141.12 law, sentence the defendant: 141.13 (1) to imprisonment for a definite term; or 141.14 (2) to payment of a fine, or to imprisonment for a 141.15 specified term if the fine is not paid; or 141.16 (3) to both imprisonment for a definite term and payment of 141.17 a fine; or 141.18 (4) to payment of court-ordered restitution in addition to 141.19 either imprisonment or payment of a fine, or both; or 141.20 (5) to payment of a local correctional fee as authorized 141.21 under section 609.102 in addition to any other sentence imposed 141.22 by the court; or 141.23 (6) to perform work service in a restorative justice 141.24 program in addition to any other sentence imposed by the court. 141.25 As used in this section, "restitution" includes: 141.26 (i) payment of compensation to the victim or the victim's 141.27 family; and 141.28 (ii) if the victim is deceased or already has been fully 141.29 compensated, payment of money to a victim assistance program or 141.30 other program directed by the court. 141.31 In controlled substance crime cases, "restitution" also 141.32 includes payment of compensation to a government entity that 141.33 incurs loss as a direct result of the controlled substance crime. 141.34 Sec. 28. Minnesota Statutes 1996, section 609.135, 141.35 subdivision 1, is amended to read: 141.36 Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a 142.1 sentence of life imprisonment is required by law, or when a 142.2 mandatory minimum sentence is required by section 609.11, any 142.3 court may stay imposition or execution of sentence and: 142.4 (a)(1) may order intermediate sanctions without placing 142.5 the defendant on probation ,; or 142.6 (b)(2) may place the defendant on probation with or 142.7 without supervision and on the terms the court prescribes, 142.8 including intermediate sanctions when practicable. The court 142.9 may order the supervision to be under the probation officer of 142.10 the court, or, if there is none and the conviction is for a 142.11 felony or gross misdemeanor, by the commissioner of corrections, 142.12 or in any case by some other suitable and consenting person. No 142.13 intermediate sanction may be ordered performed at a location 142.14 that fails to observe applicable requirements or standards of 142.15 chapter 181A or 182, or any rule promulgated under them. 142.16 (b) For purposes of this subdivision, subdivision 6, and 142.17 section 609.14, the term "intermediate sanctions" includes but 142.18 is not limited to incarceration in a local jail or workhouse, 142.19 home detention, electronic monitoring, intensive probation, 142.20 sentencing to service, reporting to a day reporting center, 142.21 chemical dependency or mental health treatment or counseling, 142.22 restitution, fines, day-fines, community work service, work 142.23 service in a restorative justice program, work in lieu of or to 142.24 work off fines and, with the victim's consent, work in lieu of 142.25 or to work off restitution. 142.26 (c) A court may not stay the revocation of the driver's 142.27 license of a person convicted of violating the provisions of 142.28 section 169.121. 142.29 Sec. 29. [609.153] [INCREASED PENALTIES FOR CERTAIN 142.30 MISDEMEANORS.] 142.31 Subdivision 1. [APPLICATION.] This section applies to the 142.32 following misdemeanor-level crimes: sections 609.546 (motor 142.33 vehicle tampering); 609.595 (damage to property); and 609.66 142.34 (dangerous weapons); and violations of local ordinances 142.35 prohibiting the unlawful sale or possession of controlled 142.36 substances. This section also applies to misdemeanor-level 143.1 violations of section 609.324 (prostitution) committed by a 143.2 person who hires or agrees to hire any individual 18 years of 143.3 age or above to engage in sexual penetration or sexual contact. 143.4 Subd. 2. [INCREASED PENALTY.] Notwithstanding the 143.5 statutory maximum penalty otherwise applicable to the offense, a 143.6 person who commits a misdemeanor-level crime described in 143.7 subdivision 1 is guilty of a gross misdemeanor if the court 143.8 determines at the time of sentencing that the person has two or 143.9 more prior convictions in this or any other state for any of the 143.10 crimes described in subdivision 1. 143.11 Sec. 30. Minnesota Statutes 1996, section 609.221, is 143.12 amended to read: 143.13 609.221 [ASSAULT IN THE FIRST DEGREE.] 143.14 Subdivision 1. [GREAT BODILY HARM.] Whoever assaults 143.15 another and inflicts great bodily harm may be sentenced to 143.16 imprisonment for not more than 20 years or to payment of a fine 143.17 of not more than $30,000, or both. 143.18 Subd. 2. [USE OF DEADLY FORCE AGAINST PEACE OFFICER.] (a) 143.19 Whoever assaults a peace officer by using or attempting to use 143.20 deadly force against the officer while the officer is engaged in 143.21 official duties, may be sentenced to imprisonment for not more 143.22 than 20 years or to payment of a fine of not more than $30,000, 143.23 or both. 143.24 (b) A person convicted of assaulting a peace officer as 143.25 described in paragraph (a) shall be committed to the 143.26 commissioner of corrections for not less than ten years, nor 143.27 more than 20 years. A defendant convicted and sentenced as 143.28 required by this paragraph is not eligible for probation, 143.29 parole, discharge, work release, or supervised release, until 143.30 that person has served the full term of imprisonment as provided 143.31 by law, notwithstanding the provisions of sections 241.26, 143.32 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding 143.33 section 609.135, the court may not stay the imposition or 143.34 execution of this sentence. 143.35 (c) As used in this subdivision: 143.36 (1) "deadly force" has the meaning given in section 144.1 609.066, subdivision 1; and 144.2 (2) "peace officer" has the meaning given in section 144.3 626.84, subdivision 1. 144.4 Sec. 31. Minnesota Statutes 1996, section 609.684, 144.5 subdivision 4, is amended to read: 144.6 Subd. 4. [NOTICE REQUIRED.] (a) A business establishment 144.7 that offers for sale at retail any toxic substance must display 144.8 a conspicuous sign that contains the following, or substantially 144.9 similar, language: 144.10 "NOTICE 144.11 It is unlawful for a person to sell glue, cement, or aerosol144.12 paint containing intoxicating substances, to a person under 18144.13 years of age, except as provided by law. This offense is a144.14 misdemeanor.It is alsoa misdemeanor for a person to use or 144.15 possess glue, cement, aerosol paint, with the intent of inducing 144.16 intoxication, excitement, or stupefaction of the central nervous 144.17 system. This use can be harmful or fatal." 144.18 (b) A business establishment may omit from the required 144.19 notice references to any toxic substance that is not offered for 144.20 sale by that business establishment. 144.21 (c) A business establishment that does not sell any toxic 144.22 substance listed in subdivision 1 other than butane or butane 144.23 lighters shall post a sign stating that it is illegal to sell144.24 butane or butane lighters to anyone under the age of 18. This144.25 sign shall fulfill the requirements under this subdivisionis 144.26 not required to post a notice under paragraph (a). 144.27 Sec. 32. Minnesota Statutes 1996, section 609.902, 144.28 subdivision 4, is amended to read: 144.29 Subd. 4. [CRIMINAL ACT.] "Criminal act" means conduct 144.30 constituting, or a conspiracy or attempt to commit, a felony 144.31 violation of chapter 152, or a felony violation of section 144.32 297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 144.33 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 144.34 609.235; 609.245; 609.25; 609.27; 609.322; 609.323; 609.342; 144.35 609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 144.36 609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense 145.1 is punishable under subdivision 3, clause (3)(b) or clause 145.2 3(d)(v) or (vi); section 609.52, subdivision 2, clause (4); 145.3 609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, 145.4 subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 145.5 609.894, subdivision 3 or 4; 624.713; or624.74; or 626A.02, 145.6 subdivision 1, if the offense is punishable under section 145.7 626A.02, subdivision 4, paragraph (a). "Criminal act" also 145.8 includes conduct constituting, or a conspiracy or attempt to 145.9 commit, a felony violation of section 609.52, subdivision 2, 145.10 clause (3), (4), (15), or (16), if the violation involves an 145.11 insurance company as defined in section 60A.02, subdivision 4, a 145.12 nonprofit health service plan corporation regulated under 145.13 chapter 62C, a health maintenance organization regulated under 145.14 chapter 62D, or a fraternal benefit society regulated under 145.15 chapter 64B. 145.16 Sec. 33. [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 145.17 DATA.] 145.18 The criminal and juvenile justice information policy group 145.19 shall facilitate remote electronic access to public criminal 145.20 history data by public defenders. 145.21 Sec. 34. [STUDY AND REPORT REQUIRED.] 145.22 The commissioner of public safety shall complete a study 145.23 and submit a report to the legislature pursuant to Minnesota 145.24 Statutes, section 3.195, by February 1, 1998, including 145.25 recommendations for legislation or other action that will: 145.26 (1) decrease the sale of alcoholic beverages to, and the 145.27 consumption of alcoholic beverages by pregnant women; 145.28 (2) reduce the occurrence of fetal alcohol syndrome and 145.29 fetal alcohol exposure; 145.30 (3) encourage responsible alcoholic beverage sales and 145.31 service to pregnant women by businesses that hold liquor 145.32 licenses; and 145.33 (4) heighten awareness of the importance of responsible use 145.34 of alcohol by pregnant women of the state. 145.35 Sec. 35. [FIREFIGHTER TRAINING STUDY COMMITTEE.] 145.36 Subdivision 1. [MEMBERSHIP; CHAIR.] (a) The firefighter 146.1 training study committee consists of: 146.2 (1) two representatives of the Minnesota state fire chiefs 146.3 association, appointed by the president of the association; 146.4 (2) two representatives of the Minnesota professional 146.5 firefighters, appointed by the president of the organization; 146.6 (3) two representatives of the Minnesota state fire 146.7 department association, appointed by the president of the 146.8 organization; 146.9 (4) two representatives of the league of Minnesota cities, 146.10 appointed by the president of the league; 146.11 (5) the director of the Minnesota state colleges and 146.12 universities FIRE/EMS center, or the director's designee; 146.13 (6) a public member, appointed by the governor; 146.14 (7) an employee of the department of labor and industry 146.15 whose responsibilities include fire-related occupational safety 146.16 and health activities, appointed by the commissioner of labor 146.17 and industry; and 146.18 (8) the commissioner of public safety or the commissioner's 146.19 designee. 146.20 (b) The committee shall elect a chair from the members. 146.21 Subd. 2. [ADMINISTRATIVE SUPPORT.] The commissioner of 146.22 public safety shall provide necessary administrative and staff 146.23 support to the committee. 146.24 Subd. 3. [COMPENSATION.] Committee members who are not 146.25 public officials or employees are entitled to reimbursement for 146.26 expenses in accordance with Minnesota Statutes, section 15.059, 146.27 subdivision 6. 146.28 Subd. 4. [DUTIES.] (a) The committee shall: 146.29 (1) review findings and recommendations of the joint 146.30 advisory training committee formed by the Minnesota state fire 146.31 department association, the Minnesota state fire chiefs 146.32 association, and the Minnesota professional firefighters; 146.33 (2) conduct further study of firefighter training needs and 146.34 options; 146.35 (3) consider current funding for firefighter training, 146.36 determine any need for additional funding, and recommend 147.1 possible sources of the funding; 147.2 (4) consider the current delivery system for firefighter 147.3 training, including statewide coordinating of training, and any 147.4 needed improvements; 147.5 (5) consider the selection and evaluation of training 147.6 instructors and any needed improvements; 147.7 (6) study levels of service delivery and any need for 147.8 standardized training; 147.9 (7) consider federal and state laws and standards that 147.10 affect firefighter training; 147.11 (8) determine a fair system for reimbursing local 147.12 jurisdictions for training programs; and 147.13 (9) consider the need for centralized administrative 147.14 direction of training programs. 147.15 (b) The committee shall conduct public meetings around the 147.16 state to gather public input relevant to paragraph (a). Before 147.17 submitting the report required by subdivision 5, the committee 147.18 shall prepare and disseminate a draft report and seek public 147.19 comment on it. A record of comment received must be kept and 147.20 submitted along with the report required by subdivision 5. 147.21 Subd. 5. [REPORT.] The committee shall submit a report and 147.22 its recommendations to the legislature by February 1, 1998. The 147.23 report must identify any changes in statutes required to 147.24 implement the committee's recommendations. The committee 147.25 expires upon submission of the report. 147.26 Subd. 6. [LOCAL COOPERATION.] Local government units shall 147.27 cooperate with the committee in the preparation of the report 147.28 required by subdivision 5. 147.29 Sec. 36. [INSTRUCTION TO THE REVISOR.] 147.30 The revisor of statutes shall replace "superintendent" with 147.31 "director" wherever it appears in the next edition of Minnesota 147.32 Statutes and Minnesota Rules in a context referring to the 147.33 superintendent of the bureau of criminal apprehension. 147.34 Sec. 37. [SUNSET.] 147.35 Minnesota Statutes, section 299A.465, expires June 30, 2001. 147.36 Sec. 38. [REPEALER.] 148.1 Minnesota Statutes 1996, sections 119A.30; 145.406; 244.09, 148.2 subdivision 11a; and 609.684, subdivision 2, are repealed. 148.3 Sec. 39. [EFFECTIVE DATE.] 148.4 Sections 1 to 6, 14, 16 to 23, 25, 33, 35, 36, and 38 are 148.5 effective July 1, 1997. Sections 9 to 13, 24, and 27 to 32 are 148.6 effective August 1, 1997, and apply to crimes committed on or 148.7 after that date. However, crimes committed prior to August 1, 148.8 1997, shall be considered as prior convictions for the penalty 148.9 enhancement in section 29. Section 26 is effective January 1, 148.10 1998, and applies to crimes committed on or after that date. 148.11 Sections 7 and 8 are effective July 1, 1998. Sections 15 and 34 148.12 are effective August 1, 1997. 148.13 ARTICLE 9 148.14 CRIME VICTIMS PROVISIONS 148.15 Section 1. Minnesota Statutes 1996, section 611A.038, is 148.16 amended to read: 148.17 611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 148.18 (a) A victim has the right to submit an impact statement to 148.19 the court at the time of sentencing or disposition hearing. The 148.20 impact statement may be presented to the court orally or in 148.21 writing, at the victim's option. If the victim requests, the 148.22 prosecutor must orally present the statement to the court. 148.23 Statements may include the following, subject to reasonable 148.24 limitations as to time and length: 148.25 (1) a summary of the harm or trauma suffered by the victim 148.26 as a result of the crime; 148.27 (2) a summary of the economic loss or damage suffered by 148.28 the victim as a result of the crime; and 148.29 (3) a victim's reaction to the proposed sentence or 148.30 disposition. 148.31 (b) A representative of the community affected by the crime 148.32 may submit an impact statement in the same manner that a victim 148.33 may as provided in paragraph (a). This impact statement shall 148.34 describe the adverse social or economic effects the offense has 148.35 had on persons residing and businesses operating in the 148.36 community where the offense occurred. 149.1 (c) If the court permits the defendant or anyone speaking 149.2 on the defendant's behalf to present a statement to the court, 149.3 the court shall limit the response to factual issues which are 149.4 relevant to sentencing. 149.5 Sec. 2. [611A.0395] [RIGHT TO INFORMATION REGARDING 149.6 DEFENDANT'S APPEAL.] 149.7 Subdivision 1. [PROSECUTING ATTORNEY TO NOTIFY 149.8 VICTIMS.] (a) In a criminal case in which there is an 149.9 identifiable crime victim, within 30 working days of receiving 149.10 either a notice of appeal or a petition for postconviction 149.11 relief under chapter 590, the prosecuting attorney shall make a 149.12 reasonable and good faith effort to provide to each affected 149.13 victim oral or written notice of the pending appeal or requested 149.14 relief. The notice must contain a brief explanation of what the 149.15 contested issues are, an explanation of the applicable process, 149.16 information about scheduled oral arguments or hearings, a 149.17 statement that the victim and the victim's family may attend the 149.18 argument or hearing, and the name and telephone number of a 149.19 person that may be contacted for additional information. 149.20 (b) In a criminal case in which there is an identifiable 149.21 crime victim, within 15 working days of a final decision on an 149.22 appeal or a petition for postconviction relief under chapter 149.23 590, the prosecuting attorney shall make a reasonable and good 149.24 faith effort to provide to each affected victim oral or written 149.25 notice of the decision. This notice must include a brief 149.26 explanation of what effect, if any, the decision has upon the 149.27 judgment of the trial court and the name and telephone number of 149.28 a person that may be contacted for additional information. 149.29 Subd. 2. [EXCEPTION.] The notices described in subdivision 149.30 1 do not have to be given to victims who have previously 149.31 indicated a desire not to be notified. 149.32 Sec. 3. Minnesota Statutes 1996, section 611A.71, 149.33 subdivision 5, is amended to read: 149.34 Subd. 5. [DUTIES.] The council shall: 149.35 (1) review on a regular basis the treatment of victims by 149.36 the criminal justice system and the need and availability of 150.1 services to victims; 150.2 (2) advise the agency designated by the governor to apply 150.3 for victim assistance program grants under chapter 14 of Public 150.4 Law Number 98-473, in the coordination and allocation of federal 150.5 funds for crime victims assistance programs; 150.6 (3) advocate necessary changes and monitor victim-related 150.7 legislation; 150.8 (4) provide information, training, and technical assistance 150.9 to state and local agencies and groups involved in victim and 150.10 witness assistance; 150.11 (5) serve as a clearinghouse for information concerning 150.12 victim and witness programs; 150.13 (6) develop guidelines for the implementation of victim and 150.14 witness assistance programs and aid in the creation and 150.15 development of programs; 150.16 (7) coordinate the development and implementation of 150.17 policies and guidelines for the treatment of victims and 150.18 witnesses, and the delivery of services to them; and150.19 (8) develop ongoing public awareness efforts and programs 150.20 to assist victims; and 150.21 (9) administer the grant program described in section 150.22 611A.675. 150.23 Sec. 4. Minnesota Statutes 1996, section 611A.74, 150.24 subdivision 1, is amended to read: 150.25 Subdivision 1. [CREATION.] The office of crime victim 150.26 ombudsman for Minnesota is created. The ombudsman shall be 150.27 appointed by the commissioner of public safety with the advice150.28 of the advisory council, andgovernor, shall serve in the 150.29 unclassified service at the pleasure of the commissioner150.30 governor and shall be selected without regard to political 150.31 affiliation. No person may serve as ombudsman while holding any 150.32 other public office. The ombudsman is directly accountable to 150.33 the commissioner of public safety andgovernor. The ombudsman 150.34 shall have the authority to investigate decisions, acts, and 150.35 other matters of the criminal justice system so as to promote 150.36 the highest attainable standards of competence, efficiency, and 151.1 justice for crime victims in the criminal justice system. 151.2 Sec. 5. Minnesota Statutes 1996, section 611A.74, is 151.3 amended by adding a subdivision to read: 151.4 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may 151.5 appoint employees necessary to discharge responsibilities of the 151.6 office. The ombudsman may delegate to staff members any of the 151.7 ombudsman's authority or duties except the duties of formally 151.8 making recommendations to appropriate authorities and reports to 151.9 the office of the governor or to the legislature. 151.10 (b) The commissioner of public safety shall provide office 151.11 space and administrative support services to the ombudsman and 151.12 the ombudsman's staff. 151.13 Sec. 6. Minnesota Statutes 1996, section 611A.74, 151.14 subdivision 3, is amended to read: 151.15 Subd. 3. [POWERS.] The crime victim ombudsman has those 151.16 powers necessary to carry out the duties set out in 151.17 subdivision 12, including: 151.18 (a) The ombudsman may investigate, with or without a 151.19 complaint, any action of an element of the criminal justice 151.20 system or a victim assistance program included in subdivision 2. 151.21 (b) The ombudsman may request and shall be given access to 151.22 information and assistance the ombudsman considers necessary for 151.23 the discharge of responsibilities. The ombudsman may inspect, 151.24 examine, and be provided copies of records and documents of all 151.25 elements of the criminal justice system and victim assistance 151.26 programs. The ombudsman may request and shall be given access 151.27 to police reports pertaining to juveniles and juvenile 151.28 delinquency petitions, notwithstanding section 260.161. Any 151.29 information received by the ombudsman retains its data 151.30 classification under chapter 13 while in the ombudsman's 151.31 possession. Juvenile records obtained under this subdivision 151.32 may not be released to any person. 151.33 (c) The ombudsman may prescribe the methods by which 151.34 complaints are to be made, received, and acted upon; may 151.35 determine the scope and manner of investigations to be made; and 151.36 subject to the requirements of sections 611A.72 to 611A.74, may 152.1 determine the form, frequency, and distribution of ombudsman 152.2 conclusions, recommendations, and proposals. 152.3 (d) After completing investigation of a complaint, the 152.4 ombudsman shall inform in writing the complainant, the 152.5 investigated person or entity, and other appropriate authorities 152.6 of the action taken. If the complaint involved the conduct of 152.7 an element of the criminal justice system in relation to a 152.8 criminal or civil proceeding, the ombudsman's findings shall be 152.9 forwarded to the court in which the proceeding occurred. 152.10 (e) Before announcing a conclusion or recommendation that 152.11 expressly or impliedly criticizes an administrative agency or 152.12 any person, the ombudsman shall consult with that agency or 152.13 person. 152.14 Sec. 7. Minnesota Statutes 1996, section 611A.75, is 152.15 amended to read: 152.16 611A.75 [REPORT TO LEGISLATURE.] 152.17 The commissioner of public safety shall report to the 152.18 legislature biennially on the activities of crime victim 152.19 programs under chapter 611A; except that the crime victim 152.20 ombudsman shall report to the legislature biennially on the 152.21 activities of the office of crime victim ombudsman. 152.22 Sec. 8. [EFFECTIVE DATE; APPLICABILITY.] 152.23 Sections 1 and 2 are effective August 1, 1997. Sections 3 152.24 to 7 are effective July 1, 1997. The individual who occupies 152.25 the position of crime victim ombudsman before the effective date 152.26 shall continue in that position unless replaced by the governor. 152.27 ARTICLE 10 152.28 DOMESTIC ABUSE PERPETRATED BY A MINOR 152.29 Section 1. [PILOT PROGRAM.] 152.30 Actions under sections 2 to 26 are limited to a pilot 152.31 program in the 4th judicial district for the period August 1, 152.32 1997, through July 31, 1999. At the conclusion of the pilot 152.33 period, the 4th judicial district shall report to the 152.34 legislature on the number of petitions filed under sections 2 to 152.35 26, the relationship of the parties, and the disposition of each 152.36 petition. 153.1 Sec. 2. [DEFINITIONS.] 153.2 Subdivision 1. [SCOPE.] The definitions in this section 153.3 apply to sections 2 to 26. 153.4 Subd. 2. [ALTERNATIVE SAFE LIVING ARRANGEMENT.] 153.5 "Alternative safe living arrangement" means a living arrangement 153.6 for a minor respondent proposed by a petitioning parent or 153.7 guardian if a court excludes the minor from the parent's or 153.8 guardian's home under sections 2 to 26, that is separate from 153.9 the victim of domestic abuse and safe for the minor respondent. 153.10 A living arrangement proposed by a petitioning parent or 153.11 guardian is presumed to be an alternative safe living 153.12 arrangement absent information to the contrary presented to the 153.13 court. In evaluating any proposed living arrangement, the court 153.14 shall consider whether the arrangement provides the minor 153.15 respondent with necessary food, clothing, shelter, and education 153.16 in a safe environment. Any proposed living arrangement that 153.17 would place the minor respondent in the care of an adult who has 153.18 been physically or sexually violent is presumed unsafe. 153.19 Minnesota Statutes, sections 245A.01 to 245A.16, do not apply to 153.20 an alternative safe living arrangement. 153.21 Subd. 3. [DOMESTIC ABUSE PERPETRATED BY A MINOR.] 153.22 "Domestic abuse perpetrated by a minor" means any of the 153.23 following if committed against a family or household member by a 153.24 family or household member who is a minor: 153.25 (1) physical harm, bodily injury, or assault; 153.26 (2) infliction of fear of imminent physical harm, bodily 153.27 injury, or assault; or 153.28 (3) terroristic threats, within the meaning of Minnesota 153.29 Statutes, section 609.713, subdivision 1, or criminal sexual 153.30 conduct, within the meaning of Minnesota Statutes, section 153.31 609.342, 609.343, 609.344, or 609.345. 153.32 Subd. 4. [FAMILY OR HOUSEHOLD MEMBER.] "Family or 153.33 household member" of a person means: 153.34 (1) the person's spouse; 153.35 (2) the person's former spouse; 153.36 (3) the person's parent; 154.1 (4) the person's child; 154.2 (5) a person related by blood to the person; 154.3 (6) a person who is presently residing with the person or 154.4 who has resided with the person in the past; 154.5 (7) a person who has a child in common with the person 154.6 regardless of whether they have been married or have lived 154.7 together at any time; 154.8 (8) two persons if one is pregnant and the other is alleged 154.9 to be the father, regardless of whether they have been married 154.10 or have lived together at any time; and 154.11 (9) a person involved with the person in a significant 154.12 romantic or sexual relationship. 154.13 Issuance of an order for protection/minor respondent in the 154.14 situation described in clause (8) does not affect a 154.15 determination of paternity under Minnesota Statutes, sections 154.16 257.51 to 257.74. 154.17 Subd. 5. [MINOR.] "Minor" means a person under the age of 154.18 18. 154.19 Sec. 3. [COURT JURISDICTION.] 154.20 An application for relief under sections 2 to 26 may be 154.21 filed in district court in the county of residence of either 154.22 party or in the county in which the alleged domestic abuse 154.23 occurred. In a jurisdiction that uses referees in dissolution 154.24 actions or juvenile court, the court or judge may refer actions 154.25 under this section to a referee to take and report the evidence 154.26 in the action in the same manner and subject to the same 154.27 limitations as provided in Minnesota Statutes, section 518.13. 154.28 Actions under sections 2 to 26 must be given docket priority by 154.29 the court. 154.30 Sec. 4. [FILING FEE.] 154.31 The filing fees for an order for protection/minor 154.32 respondent under section 7 are waived for the petitioner. The 154.33 court administrator and the sheriff of any county in this state 154.34 shall perform their duties relating to service of process 154.35 without charge to the petitioner. The court shall direct 154.36 payment of the reasonable costs of service of process by a 155.1 private process server if the sheriff is unavailable or if 155.2 service is made by publication, without requiring the petitioner 155.3 to make application under Minnesota Statutes, section 563.01. 155.4 Sec. 5. [INFORMATION ON PETITIONER'S LOCATION OR 155.5 RESIDENCE.] 155.6 Upon the petitioner's request, information maintained by a 155.7 court regarding the petitioner's location or residence is not 155.8 accessible to the public and may be disclosed only to court or 155.9 law enforcement personnel for purposes of service of process, 155.10 conducting an investigation, or enforcing an order. 155.11 Sec. 6. [RULES.] 155.12 Actions under sections 2 to 26 are governed by the 155.13 Minnesota Rules of Civil Procedure except as otherwise provided. 155.14 Sec. 7. [ORDER FOR PROTECTION/MINOR RESPONDENT.] 155.15 Subdivision 1. [NAME OF ACTION.] There is an action known 155.16 as a petition for an order for protection/minor respondent in 155.17 cases of domestic abuse perpetrated by a minor. 155.18 Subd. 2. [ELIGIBLE PETITIONER.] A petition for relief 155.19 under sections 2 to 26 may be made by an adult family or 155.20 household member personally or by a guardian as defined in 155.21 Minnesota Statutes, section 524.1-201, clause (20), or, if the 155.22 court finds that it is in the best interests of the minor, by a 155.23 reputable adult who is at least 25 years old on behalf of a 155.24 minor family or household member. A minor who is at least 16 155.25 years old may make a petition on the minor's own behalf against 155.26 a spouse or former spouse who is a minor or another minor with 155.27 whom the minor petitioner has a child in common if the court 155.28 determines that the minor has sufficient maturity and judgment 155.29 and that it is in the best interests of the minor. 155.30 Subd. 3. [CONTENTS OF PETITION.] (a) A petition for relief 155.31 must allege the existence of domestic abuse perpetrated by a 155.32 minor and be accompanied by a sworn affidavit stating the 155.33 specific facts and circumstances from which relief is sought. 155.34 (b) A petition for relief must state whether the petitioner 155.35 has ever had an order for protection in effect against the minor 155.36 respondent. 156.1 (c) A petition for relief must state whether there is an 156.2 existing order for protection in effect under sections 2 to 26 156.3 or under Minnesota Statutes, chapter 518B, governing both the 156.4 parties and whether there is a pending lawsuit, complaint, 156.5 petition, or other action between the parties under Minnesota 156.6 Statutes, chapter 257, 260, 518, 518A, 518B, or 518C. 156.7 Subd. 4. [OTHER ORDERS OR ACTIONS.] The court 156.8 administrator shall verify the terms of any existing order 156.9 governing the parties. The court may not delay granting relief 156.10 because of the existence of a pending action between the parties 156.11 or the necessity of verifying the terms of an existing order. A 156.12 subsequent order in a separate action under sections 2 to 26 may 156.13 modify only the provision of an existing order that grants 156.14 relief authorized under section 10, paragraph (a), clause (1). 156.15 A petition for relief may be granted whether or not there is a 156.16 pending action between the parties. 156.17 Subd. 5. [SIMPLIFIED FORMS.] The court shall provide 156.18 simplified forms and clerical assistance to help with the 156.19 writing and filing of a petition under sections 2 to 26. 156.20 Subd. 6. [ADVICE ON RESTITUTION.] The court shall advise a 156.21 petitioner of the right to seek restitution under the petition 156.22 for relief. 156.23 Sec. 8. [HEARING ON APPLICATION; PROCEDURE AND NOTICE.] 156.24 Subdivision 1. [HEARING DATE.] Upon receipt of a petition 156.25 under sections 2 to 26, the court shall order a hearing to be 156.26 held not later than 14 days from the date of the order. If an 156.27 ex parte order has been issued under section 12, the time 156.28 periods for holding a hearing under that section apply. 156.29 Subd. 2. [SERVICE.] If an ex parte order has been issued 156.30 under section 12 and an order for immediate custody has been 156.31 issued under sections 2 to 26 and Minnesota Statutes, chapter 156.32 260, personal service upon the minor respondent must be made by 156.33 the county sheriff or police when the order for immediate 156.34 custody is executed. In all other cases, personal service of 156.35 the petition and order must be made upon the minor respondent 156.36 not less than five days before the hearing. Service must also 157.1 be made upon the minor respondent by mailing a copy of the 157.2 petition and order to the minor respondent's last known 157.3 address. Service is complete upon personal receipt by the minor 157.4 respondent or three days after the mailing. The court shall 157.5 have notice of the pendency of the case and of the time and 157.6 place of the hearing served by mail at the last known address 157.7 upon any parent or guardian of the minor respondent who is not 157.8 the petitioner. 157.9 Subd. 3. [CLOSED HEARING.] Upon request of either party 157.10 and for good cause shown, the court may close the hearing to the 157.11 public and close the records to public inspection. 157.12 Subd. 4. [DOMESTIC ABUSE ADVOCATES.] In all proceedings 157.13 under sections 2 to 26, domestic abuse advocates must be allowed 157.14 to attend and to sit at the counsel table, confer with the 157.15 petitioner, and at the judge's discretion, address the court. 157.16 Court administrators shall allow domestic abuse advocates to 157.17 assist victims of domestic abuse perpetrated by a minor in the 157.18 preparation of petitions for orders for protection/minor 157.19 respondents. While assisting victims of domestic violence under 157.20 this subdivision, domestic abuse advocates are not engaged in 157.21 the unauthorized practice of law. 157.22 Sec. 9. [GUARDIAN AD LITEM.] 157.23 (a) If the petitioner requests that the minor respondent be 157.24 removed from the minor respondent's parent's home, the court 157.25 shall appoint a guardian ad litem on behalf of the minor 157.26 respondent for the limited purpose of assuring that the minor 157.27 respondent is placed in an alternative safe living arrangement. 157.28 The guardian ad litem's limited responsibilities are conducting 157.29 an interview to obtain the minor respondent's views on any 157.30 proposed alternative safe living arrangements, reviewing any 157.31 proposed alternative safe living arrangements, and appearing at 157.32 the hearing on the order for protection/minor respondent. It is 157.33 not within the responsibilities of the guardian ad litem to 157.34 assess or comment upon whether domestic abuse occurred. 157.35 (b) In any other case brought under sections 2 to 26, the 157.36 court may appoint a guardian ad litem if it appears to the court 158.1 that the minor lacks the maturity to understand the proceedings. 158.2 (c) The guardian ad litem may not be held civilly or 158.3 criminally liable for any act or failure to act under sections 2 158.4 to 26. 158.5 Sec. 10. [RELIEF BY THE COURT.] 158.6 (a) Upon notice and hearing, the court may provide relief 158.7 as follows: 158.8 (1) restrain the abusing party from committing acts of 158.9 domestic abuse; 158.10 (2) exclude the abusing party from the dwelling which the 158.11 parties share or from the residence of the petitioner; 158.12 (3) if the court excludes a minor respondent from the minor 158.13 respondent's parent's home, and the parent or guardian is either 158.14 unable or unwilling to provide an alternative safe living 158.15 arrangement for the minor respondent, the court may find that 158.16 there are reasonable grounds to believe that the minor 158.17 respondent's safety and well-being are endangered because of the 158.18 exclusion and the parent's or guardian's unwillingness or 158.19 inability to provide an alternative living arrangement, in which 158.20 case the court may order, by endorsement upon the petition, that 158.21 a peace officer shall take the minor respondent into immediate 158.22 custody under Minnesota Statutes, section 260.165, subdivision 158.23 1; 158.24 (4) exclude the abusing party from a specifically described 158.25 reasonable area surrounding the dwelling or residence; 158.26 (5) award temporary custody or establish temporary 158.27 visitation with regard to minor children of the parties on a 158.28 basis that gives primary consideration to the safety of the 158.29 victim and the children. Except for cases in which custody is 158.30 contested, findings under Minnesota Statutes, section 257.025 or 158.31 518.175, are not required. If the court finds that the safety 158.32 of the victim or the children may be jeopardized by unsupervised 158.33 or unrestricted visitation, the court shall condition or 158.34 restrict visitation as to time, place, duration, or supervision, 158.35 or deny visitation entirely, as needed to guard the safety of 158.36 the victim and the children. The court's decision on custody 159.1 and visitation must not delay the issuance of an order for 159.2 protection/minor respondent granting other relief provided for 159.3 in this section; 159.4 (6) on the same basis as is provided in Minnesota Statutes, 159.5 chapter 518, establish temporary support for minor children or a 159.6 spouse and order the withholding of support from the income of 159.7 the person obligated to pay the support according to Minnesota 159.8 Statutes, chapter 518; 159.9 (7) provide upon request of the petitioner counseling or 159.10 other social services for the parties if they are married or if 159.11 there are minor children; 159.12 (8) order the abusing party to participate in treatment or 159.13 counseling services; 159.14 (9) in the case of married juveniles, award temporary use 159.15 and possession of property and restrain one or both parties from 159.16 transferring, encumbering, concealing, or disposing of property 159.17 except in the usual course of business or for the necessities of 159.18 life, and require the party to account to the court for all such 159.19 transfers, encumbrances, dispositions, and expenditures made 159.20 after the order is served or communicated to the party 159.21 restrained in open court; 159.22 (10) exclude the abusing party from the place of employment 159.23 of the petitioner, or otherwise limit access to the petitioner 159.24 by the abusing party at the petitioner's place of employment; 159.25 (11) order the abusing party to pay restitution to the 159.26 petitioner; 159.27 (12) order the continuance of all currently available 159.28 insurance coverage without change in coverage or beneficiary 159.29 designation; and 159.30 (13) order, in its discretion, other relief the court 159.31 considers necessary for the protection of a family or household 159.32 member, including orders or directives to law enforcement 159.33 personnel under sections 2 to 26. 159.34 (b) Relief granted by the order for protection/minor 159.35 respondent must be for a fixed period not to exceed one year 159.36 unless the court determines a longer fixed period is 160.1 appropriate. If a referee presides at the hearing on the 160.2 petition, the order granting relief becomes effective upon the 160.3 referee's signature. 160.4 (c) An order granting the relief authorized in paragraph 160.5 (a), clause (1), may not be vacated or modified in a proceeding 160.6 for dissolution of marriage or legal separation, except that the 160.7 court may hear a motion for modification of an order for 160.8 protection concurrently with a proceeding for dissolution of 160.9 marriage upon notice of motion and motion. The notice required 160.10 by court rule must not be waived. If the proceedings are 160.11 consolidated and the motion to modify is granted, a separate 160.12 order for modification of an order for protection must be issued. 160.13 (d) An order granting the relief authorized in paragraph 160.14 (a), clause (2), is not voided by the admittance of the abusing 160.15 party into the dwelling from which the abusing party is excluded. 160.16 (e) If a proceeding for dissolution of marriage or legal 160.17 separation is pending between the parties, the court shall 160.18 provide a copy of the order for protection/minor respondent to 160.19 the court with jurisdiction over the dissolution or separation 160.20 proceeding for inclusion in its file. 160.21 (f) An order for restitution issued under this subdivision 160.22 is enforceable as a civil judgment. 160.23 Sec. 11. [SUBSEQUENT ORDERS AND EXTENSIONS.] 160.24 Upon application, notice to all parties, and hearing, a 160.25 court may extend the relief granted in an existing order for 160.26 protection/minor respondent or, if a petitioner's order for 160.27 protection/minor respondent is no longer in effect when an 160.28 application for subsequent relief is made, grant a new order. 160.29 The court may extend the terms of an existing order or, if an 160.30 order is no longer in effect, grant a new order upon a showing 160.31 that: 160.32 (1) the minor respondent has violated a prior or existing 160.33 order for protection issued under sections 2 to 26 or Minnesota 160.34 Statutes, chapter 518B; 160.35 (2) the petitioner is reasonably in fear of physical harm 160.36 from the minor respondent; or 161.1 (3) the minor respondent has engaged in acts of harassment 161.2 or stalking within the meaning of Minnesota Statutes, section 161.3 609.749, subdivision 2. 161.4 A petitioner does not need to show that physical harm is 161.5 imminent to obtain an extension or a subsequent order under this 161.6 section. 161.7 Sec. 12. [EX PARTE ORDER.] 161.8 (a) If a petition under sections 2 to 26 alleges an 161.9 immediate and present danger of domestic abuse perpetrated by a 161.10 minor, the court may grant an ex parte order for 161.11 protection/minor respondent and grant relief the court considers 161.12 proper, including an order: 161.13 (1) restraining the abusing party from committing acts of 161.14 domestic abuse; 161.15 (2) excluding any party from a shared dwelling or from the 161.16 residence of the other except by further order of the court; 161.17 (3) if the court excludes a minor respondent from the minor 161.18 respondent's parent's home and the parent or guardian is either 161.19 unable or unwilling to provide an alternative safe living 161.20 arrangement for the minor respondent, the court may find that 161.21 there are reasonable grounds to believe that the minor 161.22 respondent's safety and well-being are endangered because of the 161.23 exclusion and the parent's or guardian's unwillingness or 161.24 inability to provide an alternative safe living arrangement, in 161.25 which case the court may order, by endorsement upon the 161.26 petition, that a peace officer shall take the minor respondent 161.27 into immediate custody under Minnesota Statutes, section 161.28 260.165, subdivision 1; 161.29 (4) excluding the abusing party from the place of 161.30 employment of the petitioner or otherwise limiting access to the 161.31 petitioner by the abusing party at the petitioner's place of 161.32 employment; and 161.33 (5) continuing all currently available insurance coverage 161.34 without change in coverage or beneficiary designation. 161.35 (b) A finding by the court that there is a basis for 161.36 issuing an ex parte order for protection/minor respondent 162.1 constitutes a finding that sufficient reasons exist not to 162.2 require notice under applicable court rules governing 162.3 applications for ex parte relief. 162.4 (c) An ex parte order for protection/minor respondent is 162.5 effective for a fixed period set by the court, as provided in 162.6 section 10, paragraph (b), or until modified or vacated by the 162.7 court after a hearing. A full hearing, as provided by sections 162.8 2 to 26, must be set for not later than seven days from the 162.9 issuance of the ex parte order. Notwithstanding provisions of 162.10 sections 2 to 26 to the contrary, if the order takes the minor 162.11 respondent into custody under Minnesota Statutes, section 162.12 260.165, a full hearing must be held within 72 hours of the 162.13 execution of the order for immediate custody. 162.14 (d) Nothing in this section affects the right of a party to 162.15 seek modification of an order under section 16. 162.16 Sec. 13. [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 162.17 Subdivision 1. [SERVICE ON MINOR RESPONDENT AND PARENT OR 162.18 GUARDIAN.] If an ex parte order has been issued under section 10 162.19 and an order for immediate custody has been issued under 162.20 sections 2 to 26 and Minnesota Statutes, chapter 260, personal 162.21 service upon the minor respondent must be made by the county 162.22 sheriff or police when the order for immediate custody is 162.23 executed. Personal service of the petition and order must be 162.24 made upon the minor respondent not less than five days prior to 162.25 the hearing. Service must also be made upon the minor 162.26 respondent by mailing a copy of the petition and order to the 162.27 minor respondent's last known address. Service is complete upon 162.28 personal receipt by the minor respondent or three days after the 162.29 mailing. The court shall have notice of the pendency of the 162.30 case and of the time and place of the hearing served by mail at 162.31 the last known address upon any parent or guardian of the minor 162.32 respondent who is not the petitioner. 162.33 Subd. 2. [SERVICE OUTSIDE MINNESOTA.] Service out of this 162.34 state and in the United States may be proved by the affidavit of 162.35 the person making the service. Service outside the United 162.36 States may be proved by the affidavit of the person making the 163.1 service taken before and certified by any United States 163.2 minister, charge d'affaires, commissioner, consul, commercial 163.3 agent, or other consular or diplomatic officer of the United 163.4 States appointed to reside in the other country, including all 163.5 deputies or other representatives of the officer authorized to 163.6 perform their duties or before an officer authorized to 163.7 administer an oath with the certificate of an officer of a court 163.8 of record of the country in which the affidavit is taken as to 163.9 the identity and authority of the officer taking the affidavit. 163.10 Sec. 14. [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN 163.11 SERVICE OR EXECUTION.] 163.12 If an order for protection/minor respondent is issued under 163.13 sections 2 to 26, on request of the petitioner the court shall 163.14 order law enforcement personnel to accompany the petitioner and 163.15 assist in placing the petitioner in possession of the dwelling 163.16 or residence or otherwise assist in execution or service of the 163.17 order. If the application for relief is brought in a county in 163.18 which the minor respondent is not present, the sheriff shall 163.19 forward the pleadings necessary for service upon the minor 163.20 respondent to the sheriff of the county in which the minor 163.21 respondent is present. This transmittal must be expedited to 163.22 allow for timely service. 163.23 Sec. 15. [RIGHT TO APPLY FOR RELIEF.] 163.24 (a) A person's right to apply for relief is not affected by 163.25 the person's leaving the residence or household to avoid abuse. 163.26 (b) The court shall not require security or bond of any 163.27 party unless the court considers it necessary in exceptional 163.28 cases. 163.29 Sec. 16. [MODIFICATION OF ORDER.] 163.30 Upon application, notice to all parties, and hearing, the 163.31 court may modify the terms of an existing order for protection. 163.32 Sec. 17. [REAL ESTATE.] 163.33 Nothing in sections 2 to 26 affects the title to real 163.34 estate. 163.35 Sec. 18. [COPY TO LAW ENFORCEMENT AGENCY.] 163.36 (a) An order for protection/minor respondent granted under 164.1 sections 2 to 26 must be forwarded by the court administrator 164.2 within 24 hours to the local law enforcement agency with 164.3 jurisdiction over the residence of the petitioner. 164.4 Each appropriate law enforcement agency shall make 164.5 available to other law enforcement officers through a system for 164.6 verification information as to the existence and status of any 164.7 order for protection/minor respondent issued under sections 2 to 164.8 26. 164.9 (b) If the petitioner notifies the court administrator of a 164.10 change in the petitioner's residence so that a different local 164.11 law enforcement agency has jurisdiction over the residence, the 164.12 order for protection/minor respondent must be forwarded by the 164.13 court administrator to the new law enforcement agency within 24 164.14 hours of the notice. If the petitioner notifies the new law 164.15 enforcement agency that an order for protection/minor respondent 164.16 has been issued under sections 2 to 26 and the petitioner has 164.17 established a new residence within that agency's jurisdiction, 164.18 within 24 hours the local law enforcement agency shall request a 164.19 copy of the order from the court administrator in the county 164.20 that issued the order. 164.21 (c) If an order for protection/minor respondent is granted, 164.22 the petitioner must be told by the court that: 164.23 (1) notification of a change in residence should be given 164.24 immediately to the court administrator and to the local law 164.25 enforcement agency having jurisdiction over the new residence of 164.26 the applicant; 164.27 (2) the reason for notification of a change in residence is 164.28 to forward an order for protection/minor respondent to the 164.29 proper law enforcement agency; and 164.30 (3) the order for protection/minor respondent must be 164.31 forwarded to the law enforcement agency having jurisdiction over 164.32 the new residence within 24 hours of notification of a change in 164.33 residence, whether notification is given to the court 164.34 administrator or to the local law enforcement agency having 164.35 jurisdiction over the applicant's new residence. 164.36 An order for protection/minor respondent is enforceable 165.1 even if the petitioner does not notify the court administrator 165.2 or the appropriate law enforcement agency of a change in 165.3 residence. 165.4 Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 165.5 RESPONDENT.] 165.6 Subdivision 1. [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 165.7 petitioner, a peace officer, or an interested party designated 165.8 by the court may file an affidavit with the court alleging that 165.9 a minor respondent has violated an order for protection/minor 165.10 respondent under sections 2 to 26. The court may order the 165.11 minor respondent to appear and show cause within 14 days why the 165.12 minor respondent should not be found in contempt of court and 165.13 punished for the contempt. The court may also order the minor 165.14 to participate in counseling or other appropriate programs 165.15 selected by the court. The hearing may be held by the court in 165.16 any county in which the petitioner or minor respondent 165.17 temporarily or permanently resides at the time of the alleged 165.18 violation. 165.19 Subd. 2. [EXTENSION OF PROTECTION ORDER.] If it is alleged 165.20 that a minor respondent has violated an order for 165.21 protection/minor respondent issued under sections 2 to 26 and 165.22 the court finds that the order has expired between the time of 165.23 the alleged violation and the court's hearing on the violation, 165.24 the court may grant a new order for protection/minor respondent 165.25 based solely on the minor respondent's alleged violation of the 165.26 prior order, to be effective until the hearing on the alleged 165.27 violation of the prior order. The relief granted in the new 165.28 order for protection/minor respondent must be extended for a 165.29 fixed period, not to exceed one year, except when the court 165.30 determines a longer fixed period is appropriate. 165.31 Subd. 3. [ADMITTANCE INTO DWELLING.] Admittance into the 165.32 petitioner's dwelling of an abusing party excluded from the 165.33 dwelling under an order for protection/minor respondent is not a 165.34 violation by the petitioner of the order. 165.35 Sec. 20. [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR 165.36 DELINQUENCY PROCEEDING.] 166.1 Any testimony offered by a minor respondent in a hearing 166.2 under sections 2 to 26 is inadmissible in a criminal or 166.3 delinquency proceeding. 166.4 Sec. 21. [OTHER REMEDIES AVAILABLE.] 166.5 Any proceeding under sections 2 to 26 is in addition to 166.6 other civil or criminal remedies. 166.7 Sec. 22. [EFFECT ON CUSTODY PROCEEDINGS.] 166.8 In a subsequent custody proceeding the court may consider, 166.9 but is not bound by, a finding in a proceeding under sections 2 166.10 to 26 that domestic abuse perpetrated by a minor has occurred. 166.11 Sec. 23. [NOTICES.] 166.12 Each order for protection/minor respondent granted under 166.13 sections 2 to 26 must contain a conspicuous notice to the minor 166.14 respondent that: 166.15 (1) violation of an order for protection/minor respondent 166.16 could result in out-of-home placement while the respondent is a 166.17 minor and constitutes contempt of court; and 166.18 (2) the minor respondent is forbidden to enter or stay at 166.19 the petitioner's residence, even if invited to do so by the 166.20 petitioner or any other person; in no event is the order for 166.21 protection/minor respondent voided. 166.22 Sec. 24. [RECORDING REQUIRED.] 166.23 Proceedings under sections 2 to 26 must be recorded. 166.24 Sec. 25. [STATEWIDE APPLICATION.] 166.25 An order for protection/minor respondent granted under 166.26 sections 2 to 26 applies throughout this state. 166.27 Sec. 26. [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.] 166.28 The state court administrator, in consultation with the 166.29 advisory council on battered women, city and county attorneys, 166.30 and legal advocates who work with victims, shall develop a 166.31 uniform order for protection/minor respondent form that will 166.32 facilitate the consistent enforcement of orders for 166.33 protection/minor respondent throughout the state. 166.34 ARTICLE 11 166.35 CHANGES TO OTHER LAW 166.36 Section 1. Minnesota Statutes 1996, section 260.015, 167.1 subdivision 2a, is amended to read: 167.2 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 167.3 "Child in need of protection or services" means a child who is 167.4 in need of protection or services because the child: 167.5 (1) is abandoned or without parent, guardian, or custodian; 167.6 (2)(i) has been a victim of physical or sexual abuse, or 167.7 (ii) resides with or has resided with a victim of domestic child 167.8 abuse as defined in subdivision 24, (iii) resides with or would 167.9 reside with a perpetrator of domestic child abuse or child abuse 167.10 as defined in subdivision 28, or (iv) is a victim of emotional 167.11 maltreatment as defined in subdivision 5a; 167.12 (3) is without necessary food, clothing, shelter, 167.13 education, or other required care for the child's physical or 167.14 mental health or morals because the child's parent, guardian, or 167.15 custodian is unable or unwilling to provide that care; 167.16 (4) is without the special care made necessary by a 167.17 physical, mental, or emotional condition because the child's 167.18 parent, guardian, or custodian is unable or unwilling to provide 167.19 that care; 167.20 (5) is medically neglected, which includes, but is not 167.21 limited to, the withholding of medically indicated treatment 167.22 from a disabled infant with a life-threatening condition. The 167.23 term "withholding of medically indicated treatment" means the 167.24 failure to respond to the infant's life-threatening conditions 167.25 by providing treatment, including appropriate nutrition, 167.26 hydration, and medication which, in the treating physician's or 167.27 physicians' reasonable medical judgment, will be most likely to 167.28 be effective in ameliorating or correcting all conditions, 167.29 except that the term does not include the failure to provide 167.30 treatment other than appropriate nutrition, hydration, or 167.31 medication to an infant when, in the treating physician's or 167.32 physicians' reasonable medical judgment: 167.33 (i) the infant is chronically and irreversibly comatose; 167.34 (ii) the provision of the treatment would merely prolong 167.35 dying, not be effective in ameliorating or correcting all of the 167.36 infant's life-threatening conditions, or otherwise be futile in 168.1 terms of the survival of the infant; or 168.2 (iii) the provision of the treatment would be virtually 168.3 futile in terms of the survival of the infant and the treatment 168.4 itself under the circumstances would be inhumane; 168.5 (6) is one whose parent, guardian, or other custodian for 168.6 good cause desires to be relieved of the child's care and 168.7 custody; 168.8 (7) has been placed for adoption or care in violation of 168.9 law; 168.10 (8) is without proper parental care because of the 168.11 emotional, mental, or physical disability, or state of 168.12 immaturity of the child's parent, guardian, or other custodian; 168.13 (9) is one whose behavior, condition, or environment is 168.14 such as to be injurious or dangerous to the child or others. An 168.15 injurious or dangerous environment may include, but is not 168.16 limited to, the exposure of a child to criminal activity in the 168.17 child's home; 168.18 (10) has committed a delinquent act before becoming ten 168.19 years old; 168.20 (11) is a runaway; 168.21 (12) is an habitual truant; or168.22 (13) is one whose custodial parent's parental rights to 168.23 another child have been involuntarily terminated within the past 168.24 five years .; or 168.25 (14) has been found by the court to have committed domestic 168.26 abuse perpetrated by a minor under article 10, sections 2 to 26, 168.27 has been ordered excluded from the child's parent's home by an 168.28 order for protection/minor respondent, and the parent or 168.29 guardian is either unwilling or unable to provide an alternative 168.30 safe living arrangement for the child. 168.31 Sec. 2. Minnesota Statutes 1996, section 260.165, 168.32 subdivision 1, is amended to read: 168.33 Subdivision 1. No child may be taken into immediate 168.34 custody except: 168.35 (a) With an order issued by the court in accordance with 168.36 the provisions of section 260.135, subdivision 5, or article 10, 169.1 section 10, paragraph (a), clause (3), or 12, paragraph (a), 169.2 clause (3), or by a warrant issued in accordance with the 169.3 provisions of section 260.145; or 169.4 (b) In accordance with the laws relating to arrests; or 169.5 (c) By a peace officer 169.6 (1) when a child has run away from a parent, guardian, or 169.7 custodian, or when the peace officer reasonably believes the 169.8 child has run away from a parent, guardian, or custodian; or 169.9 (2) when a child is found in surroundings or conditions 169.10 which endanger the child's health or welfare or which such peace 169.11 officer reasonably believes will endanger the child's health or 169.12 welfare. If an Indian child is a resident of a reservation or 169.13 is domiciled on a reservation but temporarily located off the 169.14 reservation, the taking of the child into custody under this 169.15 clause shall be consistent with the Indian Child Welfare Act of 169.16 1978, United States Code, title 25, section 1922; 169.17 (d) By a peace officer or probation or parole officer when 169.18 it is reasonably believed that the child has violated the terms 169.19 of probation, parole, or other field supervision; or 169.20 (e) By a peace officer or probation officer under section 169.21 260.132, subdivision 4. 169.22 Sec. 3. Minnesota Statutes 1996, section 260.171, 169.23 subdivision 2, is amended to read: 169.24 Subd. 2. (a) If the child is not released as provided in 169.25 subdivision 1, the person taking the child into custody shall 169.26 notify the court as soon as possible of the detention of the 169.27 child and the reasons for detention. 169.28 (b) No child may be detained in a juvenile secure detention 169.29 facility or shelter care facility longer than 36 hours, 169.30 excluding Saturdays, Sundays, and holidays, after being taken 169.31 into custody for a delinquent act as defined in section 260.015, 169.32 subdivision 5, unless a petition has been filed and the judge or 169.33 referee determines pursuant to section 260.172 that the child 169.34 shall remain in detention. 169.35 (c) No child may be detained in an adult jail or municipal 169.36 lockup longer than 24 hours, excluding Saturdays, Sundays, and 170.1 holidays, or longer than six hours in an adult jail or municipal 170.2 lockup in a standard metropolitan statistical area, after being 170.3 taken into custody for a delinquent act as defined in section 170.4 260.015, subdivision 5, unless: 170.5 (1) a petition has been filed under section 260.131; and 170.6 (2) a judge or referee has determined under section 260.172 170.7 that the child shall remain in detention. 170.8 After August 1, 1991, no child described in this paragraph 170.9 may be detained in an adult jail or municipal lockup longer than 170.10 24 hours, excluding Saturdays, Sundays, and holidays, or longer 170.11 than six hours in an adult jail or municipal lockup in a 170.12 standard metropolitan statistical area, unless the requirements 170.13 of this paragraph have been met and, in addition, a motion to 170.14 refer the child for adult prosecution has been made under 170.15 section 260.125. Notwithstanding this paragraph, continued 170.16 detention of a child in an adult detention facility outside of a 170.17 standard metropolitan statistical area county is permissible if: 170.18 (i) the facility in which the child is detained is located 170.19 where conditions of distance to be traveled or other ground 170.20 transportation do not allow for court appearances within 24 170.21 hours. A delay not to exceed 48 hours may be made under this 170.22 clause; or 170.23 (ii) the facility is located where conditions of safety 170.24 exist. Time for an appearance may be delayed until 24 hours 170.25 after the time that conditions allow for reasonably safe 170.26 travel. "Conditions of safety" include adverse life-threatening 170.27 weather conditions that do not allow for reasonably safe travel. 170.28 The continued detention of a child under clause (i) or (ii) 170.29 must be reported to the commissioner of corrections. 170.30 (d) No child taken into custody and placed in a shelter 170.31 care facility or relative's home by a peace officer pursuant to 170.32 section 260.165, subdivision 1, clause (a) or (c)(2) may be held 170.33 in custody longer than 72 hours, excluding Saturdays, Sundays 170.34 and holidays, unless a petition has been filed and the judge or 170.35 referee determines pursuant to section 260.172 that the child 170.36 shall remain in custody or unless the court has made a finding 171.1 of domestic abuse perpetrated by a minor after a hearing under 171.2 article 10, sections 2 to 26, in which case the court may extend 171.3 the period of detention for an additional seven days, within 171.4 which time the social service agency shall conduct an assessment 171.5 and shall provide recommendations to the court regarding 171.6 voluntary services or file a child in need of protection or 171.7 services petition. 171.8 (e) If a child described in paragraph (c) is to be detained 171.9 in a jail beyond 24 hours, excluding Saturdays, Sundays, and 171.10 holidays, the judge or referee, in accordance with rules and 171.11 procedures established by the commissioner of corrections, shall 171.12 notify the commissioner of the place of the detention and the 171.13 reasons therefor. The commissioner shall thereupon assist the 171.14 court in the relocation of the child in an appropriate juvenile 171.15 secure detention facility or approved jail within the county or 171.16 elsewhere in the state, or in determining suitable 171.17 alternatives. The commissioner shall direct that a child 171.18 detained in a jail be detained after eight days from and 171.19 including the date of the original detention order in an 171.20 approved juvenile secure detention facility with the approval of 171.21 the administrative authority of the facility. If the court 171.22 refers the matter to the prosecuting authority pursuant to 171.23 section 260.125, notice to the commissioner shall not be 171.24 required. 171.25 Sec. 4. Minnesota Statutes 1996, section 260.191, 171.26 subdivision 1, is amended to read: 171.27 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 171.28 the child is in need of protection or services or neglected and 171.29 in foster care, it shall enter an order making any of the 171.30 following dispositions of the case: 171.31 (1) place the child under the protective supervision of the 171.32 local social services agency or child-placing agency in the 171.33 child's own home under conditions prescribed by the court 171.34 directed to the correction of the child's need for protection or 171.35 services; 171.36 (2) transfer legal custody to one of the following: 172.1 (i) a child-placing agency; or 172.2 (ii) the local social services agency. 172.3 In placing a child whose custody has been transferred under 172.4 this paragraph, the agencies shall follow the order of 172.5 preference stated in section 260.181, subdivision 3; 172.6 (3) if the child is in need of special treatment and care 172.7 for reasons of physical or mental health, the court may order 172.8 the child's parent, guardian, or custodian to provide it. If 172.9 the parent, guardian, or custodian fails or is unable to provide 172.10 this treatment or care, the court may order it provided. The 172.11 court shall not transfer legal custody of the child for the 172.12 purpose of obtaining special treatment or care solely because 172.13 the parent is unable to provide the treatment or care. If the 172.14 court's order for mental health treatment is based on a 172.15 diagnosis made by a treatment professional, the court may order 172.16 that the diagnosing professional not provide the treatment to 172.17 the child if it finds that such an order is in the child's best 172.18 interests; or 172.19 (4) if the court believes that the child has sufficient 172.20 maturity and judgment and that it is in the best interests of 172.21 the child, the court may order a child 16 years old or older to 172.22 be allowed to live independently, either alone or with others as 172.23 approved by the court under supervision the court considers 172.24 appropriate, if the county board, after consultation with the 172.25 court, has specifically authorized this dispositional 172.26 alternative for a child. 172.27 (b) If the child was adjudicated in need of protection or 172.28 services because the child is a runaway or habitual truant, the 172.29 court may order any of the following dispositions in addition to 172.30 or as alternatives to the dispositions authorized under 172.31 paragraph (a): 172.32 (1) counsel the child or the child's parents, guardian, or 172.33 custodian; 172.34 (2) place the child under the supervision of a probation 172.35 officer or other suitable person in the child's own home under 172.36 conditions prescribed by the court, including reasonable rules 173.1 for the child's conduct and the conduct of the parents, 173.2 guardian, or custodian, designed for the physical, mental, and 173.3 moral well-being and behavior of the child; or with the consent 173.4 of the commissioner of corrections, place the child in a group 173.5 foster care facility which is under the commissioner's 173.6 management and supervision; 173.7 (3) subject to the court's supervision, transfer legal 173.8 custody of the child to one of the following: 173.9 (i) a reputable person of good moral character. No person 173.10 may receive custody of two or more unrelated children unless 173.11 licensed to operate a residential program under sections 245A.01 173.12 to 245A.16; or 173.13 (ii) a county probation officer for placement in a group 173.14 foster home established under the direction of the juvenile 173.15 court and licensed pursuant to section 241.021; 173.16 (4) require the child to pay a fine of up to $100. The 173.17 court shall order payment of the fine in a manner that will not 173.18 impose undue financial hardship upon the child; 173.19 (5) require the child to participate in a community service 173.20 project; 173.21 (6) order the child to undergo a chemical dependency 173.22 evaluation and, if warranted by the evaluation, order 173.23 participation by the child in a drug awareness program or an 173.24 inpatient or outpatient chemical dependency treatment program; 173.25 (7) if the court believes that it is in the best interests 173.26 of the child and of public safety that the child's driver's 173.27 license or instruction permit be canceled, the court may order 173.28 the commissioner of public safety to cancel the child's license 173.29 or permit for any period up to the child's 18th birthday. If 173.30 the child does not have a driver's license or permit, the court 173.31 may order a denial of driving privileges for any period up to 173.32 the child's 18th birthday. The court shall forward an order 173.33 issued under this clause to the commissioner, who shall cancel 173.34 the license or permit or deny driving privileges without a 173.35 hearing for the period specified by the court. At any time 173.36 before the expiration of the period of cancellation or denial, 174.1 the court may, for good cause, order the commissioner of public 174.2 safety to allow the child to apply for a license or permit, and 174.3 the commissioner shall so authorize; 174.4 (8) order that the child's parent or legal guardian deliver 174.5 the child to school at the beginning of each school day for a 174.6 period of time specified by the court; or 174.7 (9) require the child to perform any other activities or 174.8 participate in any other treatment programs deemed appropriate 174.9 by the court. 174.10 (c) If a child who is 14 years of age or older is 174.11 adjudicated in need of protection or services because the child 174.12 is a habitual truant and truancy procedures involving the child 174.13 were previously dealt with by a school attendance review board 174.14 or county attorney mediation program under section 260A.06 or 174.15 260A.07, the court shall order a cancellation or denial of 174.16 driving privileges under paragraph (b), clause (7), for any 174.17 period up to the child's 18th birthday. 174.18 (d) In the case of a child adjudicated in need of 174.19 protection or services because the child has committed domestic 174.20 abuse and been ordered excluded from the child's parent's home, 174.21 the court shall dismiss jurisdiction if the court, at any time, 174.22 finds the parent is able or willing to provide an alternative 174.23 safe living arrangement for the child, as defined in article 10, 174.24 section 2. 174.25 Sec. 5. Minnesota Statutes 1996, section 609.748, 174.26 subdivision 1, is amended to read: 174.27 Subdivision 1. [DEFINITION.] For the purposes of this 174.28 section, the following terms have the meanings given them in 174.29 this subdivision. 174.30 (a) "Harassment" includes: 174.31 (1) repeated, intrusive, or unwanted acts, words, or 174.32 gestures that are intended to adversely affect the safety, 174.33 security, or privacy of another, regardless of the relationship 174.34 between the actor and the intended target; 174.35 (2) targeted residential picketing; and 174.36 (3) a pattern of attending public events after being 175.1 notified that the actor's presence at the event is harassing to 175.2 another. 175.3 (b) "Respondent" includes any individualsadults or 175.4 juveniles alleged to have engaged in harassment or organizations 175.5 alleged to have sponsored or promoted harassment. 175.6 (c) "Targeted residential picketing" includes the following 175.7 acts when committed on more than one occasion: 175.8 (1) marching, standing, or patrolling by one or more 175.9 persons directed solely at a particular residential building in 175.10 a manner that adversely affects the safety, security, or privacy 175.11 of an occupant of the building; or 175.12 (2) marching, standing, or patrolling by one or more 175.13 persons which prevents an occupant of a residential building 175.14 from gaining access to or exiting from the property on which the 175.15 residential building is located.