1st Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the operation of state government; crime 1.3 and crime prevention; appropriating money for the 1.4 judicial branch, public safety, public defense, 1.5 corrections, human rights, and related purposes; 1.6 increasing and prescribing criminal penalties for a 1.7 variety of offenses; increasing penalties for certain 1.8 controlled substance offenses; clarifying provisions 1.9 of the Community Notification Act; expanding and 1.10 clarifying the sex offender registration law; 1.11 authorizing a teen court program; clarifying and 1.12 expanding crime victim rights; providing additional 1.13 protections to children; providing for increased 1.14 access by peace officers to juvenile records; creating 1.15 a statewide criminal gang council and a criminal gang 1.16 strike force to improve the investigation and 1.17 prosecution of gang-related crime; increasing 1.18 protections for correctional employees who are 1.19 assaulted by inmates; clarifying the powers of the 1.20 ombudsman for corrections; restricting certain 1.21 computer uses by inmates; clarifying laws relating to 1.22 probation; clarifying elements of the harassment and 1.23 stalking crime; amending Minnesota Statutes 1996, 1.24 sections 144.761, subdivisions 5 and 7; 144.762, 1.25 subdivision 2, and by adding a subdivision; 144.765; 1.26 151.40; 152.01, subdivision 18, and by adding a 1.27 subdivision; 152.02, subdivisions 2 and 5; 152.021, 1.28 subdivisions 1, 2, and 3; 152.022, subdivisions 1, 2, 1.29 and 3; 152.023, subdivisions 2 and 3; 152.024, 1.30 subdivision 1; 152.029; 169.042, subdivision 1; 1.31 169.20, subdivision 5; 169.797, subdivision 3; 171.29, 1.32 subdivision 2; 241.42, subdivision 2; 241.44, 1.33 subdivision 1, and by adding a subdivision; 242.19, 1.34 subdivision 3; 243.166, subdivisions 1, 2, 3, and 4; 1.35 244.052, subdivisions 3, 4, 5, and 6; 256E.03, 1.36 subdivision 2; 256F.09, subdivisions 2 and 3; 257.071, 1.37 subdivisions 3, 4, and by adding subdivisions; 1.38 257.072, subdivision 1; 259.41; 259.59, by adding a 1.39 subdivision; 259.67, subdivision 2; 260.012; 260.015, 1.40 subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 1.41 260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, 1.42 subdivisions 2, 3, and by adding a subdivision; 1.43 260.165, subdivision 3; 260.1735; 260.191, 1.44 subdivisions 3a, 3b, and 4; 260.192; 260.221, 1.45 subdivisions 1 and 5; 260.241, subdivisions 1 and 3; 1.46 260.311, subdivision 1; 299A.61, subdivision 1; 2.1 299A.63, subdivision 4; 299C.10, subdivision 4; 2.2 299C.65, by adding a subdivision; 299D.07; 299F.051; 2.3 299F.06, subdivision 3; 363.073, subdivision 1; 2.4 388.23, subdivision 1; 480.30, subdivision 1; 504.181, 2.5 subdivision 1; 518.10; 518.175, subdivision 5, and by 2.6 adding a subdivision; 518.179, subdivision 2; 518B.01, 2.7 subdivisions 4, 8, 14, and 17; 566.05; 566.18, 2.8 subdivision 6; 609.02, by adding a subdivision; 2.9 609.035, subdivision 1, and by adding a subdivision; 2.10 609.10; 609.101, subdivision 5; 609.115, subdivision 2.11 1; 609.125; 609.135, subdivisions 1, 2, 7, and by 2.12 adding subdivisions; 609.15, subdivision 1; 609.221; 2.13 609.2231, by adding subdivisions; 609.2244; 609.2245, 2.14 subdivision 2; 609.3451, subdivision 3; 609.3461, 2.15 subdivisions 1 and 2; 609.347, subdivision 7; 609.487, 2.16 subdivision 3; 609.495, subdivision 1; 609.498, by 2.17 adding subdivisions; 609.52, subdivision 2; 609.746, 2.18 subdivision 1; 609.749, subdivisions 1, 2, 5, and by 2.19 adding a subdivision; 609.78; 611.27, subdivision 4, 2.20 and by adding a subdivision; 611A.01; 611A.035; 2.21 611A.038; 611A.039, subdivision 1; 611A.04, by adding 2.22 a subdivision; 611A.361, by adding a subdivision; 2.23 611A.52, subdivisions 6 and 8; 611A.53, subdivision 2.24 1b; 611A.675; 611A.71, subdivisions 5 and 7; 611A.74, 2.25 subdivisions 1, 3, and by adding a subdivision; 2.26 617.23; 617.82; 617.85; 629.725; and 631.07; Laws 2.27 1995, chapter 226, article 3, section 60, subdivision 2.28 4; and Laws 1996, chapter 408, article 1, section 6, 2.29 subdivision 6; proposing coding for new law in 2.30 Minnesota Statutes, chapters 241; 243; 244; 257; 259; 2.31 260; 299A; 299F; 609; 611A; and 626; repealing 2.32 Minnesota Statutes 1996, sections 259.33; 299A.01, 2.33 subdivision 6; and 299F.07; Minnesota Rules, parts 2.34 7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 2.35 7419.0600; 7419.0700; and 7419.0800. 2.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.37 ARTICLE 1 2.38 APPROPRIATIONS 2.39 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.40 The sums shown in the columns marked "APPROPRIATIONS" are 2.41 appropriated from the general fund, or another fund named, to 2.42 the agencies and for the purposes specified in this act, to be 2.43 available for the fiscal years indicated for each purpose. The 2.44 figures "1997," "1998," and "1999," where used in this act, mean 2.45 that the appropriation or appropriations listed under them are 2.46 available for the year ending June 30, 1997, June 30, 1998, or 2.47 June 30, 1999, respectively. 2.48 SUMMARY BY FUND 2.49 1997 1998 1999 TOTAL 2.50 General $ 1,393,000 $ 481,162,000 $ 492,316,000 $ 974,871,000 2.51 Special Revenue 5,901,000 6,368,000 12,269,000 2.52 State Government 2.53 Special Revenue 7,000 7,000 14,000 3.1 Environmental 42,000 43,000 85,000 3.2 Trunk Highway 1,557,000 1,587,000 3,144,000 3.3 TOTAL $ 1,393,000 $ 488,669,000 $ 500,321,000 $ 990,383,000 3.4 APPROPRIATIONS 3.5 Available for the Year 3.6 Ending June 30 3.7 1998 1999 3.8 Sec. 2. SUPREME COURT 3.9 Subdivision 1. Total 3.10 Appropriation $ 23,703,000 $ 25,978,000 3.11 The amounts that may be spent from this 3.12 appropriation for each program are 3.13 specified in the following subdivisions. 3.14 Subd. 2. Supreme Court Operations 3.15 3,929,000 4,095,000 3.16 $2,500 the first year and $2,500 the 3.17 second year are for a contingent 3.18 account for expenses necessary for the 3.19 normal operation of the court for which 3.20 no other reimbursement is provided. 3.21 Of this appropriation, $11,000 the 3.22 first year is for judicial salary 3.23 increases, effective January 1, 1998. 3.24 The increase scheduled for July 1, 3.25 1999, shall be added to the supreme 3.26 court's base budget for the fiscal 3.27 biennium ending June 30, 2001. 3.28 The supreme court is requested to study 3.29 whether rule 12 of the rules of the 3.30 board of judicial standards should be 3.31 modified to permit the awarding of 3.32 reasonable costs and attorneys fees to 3.33 judges who are found, after a formal 3.34 hearing, not to have violated the rules 3.35 of judicial conduct, judicial 3.36 standards, or professional conduct. 3.37 Subd. 3. Civil Legal Services 3.38 6,257,000 6,257,000 3.39 This appropriation is for legal 3.40 services to low-income clients and for 3.41 family farm legal assistance under 3.42 Minnesota Statutes, section 480.242. 3.43 Any unencumbered balance remaining in 3.44 the first year does not cancel but is 3.45 available for the second year of the 3.46 biennium. A qualified legal services 3.47 program, as defined in Minnesota 3.48 Statutes, section 480.24, subdivision 3.49 3, may provide legal services to 3.50 persons eligible for family farm legal 3.51 assistance under Minnesota Statutes, 3.52 section 480.242. 3.53 Subd. 4. Family Law Legal 3.54 Services 3.55 877,000 877,000 4.1 This appropriation is to improve the 4.2 access of low-income clients to legal 4.3 representation in family law matters 4.4 and must be distributed under Minnesota 4.5 Statutes, section 480.242, to the 4.6 qualified legal services programs 4.7 described in Minnesota Statutes, 4.8 section 480.242, subdivision 2, 4.9 paragraph (a). Any unencumbered 4.10 balance remaining in the first year 4.11 does not cancel and is available for 4.12 the second year of the biennium. 4.13 Subd. 5. State Court Administration 4.14 10,622,000 12,710,000 4.15 The supreme court may use part of this 4.16 appropriation to implement two pilot 4.17 projects to improve the resolution of 4.18 family issues, including domestic 4.19 abuse, by assigning related family, 4.20 probate, and juvenile court matters, 4.21 other than delinquency proceedings, to 4.22 a single judge. One pilot project 4.23 shall be established in the second 4.24 judicial district and the other pilot 4.25 project shall be established in a rural 4.26 district. The supreme court is 4.27 requested to report to the legislature 4.28 on the effectiveness of the pilot 4.29 projects in resolving family issues 4.30 when the project is completed or by 4.31 January 15, 2000, whichever is earlier. 4.32 Subd. 6. Community Dispute Resolution 4.33 125,000 125,000 4.34 Subd. 7. Victim Offender Mediation 4.35 Grants 4.36 170,000 170,000 4.37 Subd. 8. Law Library Operations 4.38 1,723,000 1,744,000 4.39 Sec. 3. COURT OF APPEALS 5,809,000 6,012,000 4.40 Of this appropriation, $23,000 the 4.41 first year is for judicial salary 4.42 increases, effective January 1, 1998. 4.43 The increase scheduled for July 1, 4.44 1999, shall be added to the court of 4.45 appeals' base budget for the fiscal 4.46 biennium ending June 30, 2001. 4.47 Sec. 4. DISTRICT COURTS 69,831,000 71,006,000 4.48 Of this appropriation, $337,000 the 4.49 first year is for judge and capped 4.50 employee salary increases, effective 4.51 January 1, 1998. The increase 4.52 scheduled for July 1, 1999, shall be 4.53 added to the district courts' base 4.54 budget for the fiscal biennium ending 4.55 June 30, 2001. 4.56 The appropriation for judicial support 4.57 increases shall be used, first, to 5.1 increase the salaries of existing law 5.2 clerks and, second, to hire up to 24 5.3 additional law clerks for district 5.4 judges who currently are sharing law 5.5 clerks. 5.6 Of this appropriation, $500,000 is for 5.7 the video pilot project in the ninth 5.8 judicial district and for the video 5.9 hearing project for the court of 5.10 appeals. Unexpended funds may be used 5.11 for the judicial branch justice network. 5.12 Sec. 5. BOARD OF JUDICIAL 5.13 STANDARDS 223,000 228,000 5.14 Sec. 6. TAX COURT 974,000 645,000 5.15 Sec. 7. PUBLIC SAFETY 5.16 Subdivision 1. Total 5.17 Appropriation 36,424,000 34,058,000 5.18 Summary by Fund 5.19 1998 1999 5.20 General 32,498,000 30,392,000 5.21 Special Revenue 2,320,000 2,029,000 5.22 State Government 5.23 Special Revenue 7,000 7,000 5.24 Trunk Highway 1,557,000 1,587,000 5.25 Environmental 42,000 43,000 5.26 Subd. 2. Emergency Management 5.27 Summary by Fund 5.28 General 2,072,000 2,096,000 5.29 Environmental 42,000 43,000 5.30 Subd. 3. Criminal Apprehension 5.31 Summary by Fund 5.32 General 17,816,000 16,982,000 5.33 Special Revenue 2,248,000 2,029,000 5.34 State Government 5.35 Special Revenue 7,000 7,000 5.36 Trunk Highway 1,557,000 1,587,000 5.37 $100,000 the first year and $100,000 5.38 the second year from the Bureau of 5.39 Criminal Apprehension account in the 5.40 special revenue fund are for grants to 5.41 local officials for the cooperative 5.42 investigation of cross-jurisdictional 5.43 criminal activity. Any unencumbered 5.44 balance remaining in the first year 5.45 does not cancel but is available for 5.46 the second year. 5.47 $408,000 the first year and $409,000 6.1 the second year from the Bureau of 6.2 Criminal Apprehension account in the 6.3 special revenue fund are for laboratory 6.4 activities. 6.5 Of this appropriation, $175,000 the 6.6 first year and $50,000 the second year 6.7 are for the Bureau of Criminal 6.8 Apprehension to hire an additional 6.9 forensic scientist to process arson 6.10 evidence samples, to provide the 6.11 laboratory instruments and training 6.12 needed to process arson evidence 6.13 samples, to provide the supporting 6.14 equipment and services needed to use 6.15 arson evidence sample processing 6.16 instruments, and to provide necessary 6.17 training and equipment for a polygraph 6.18 specialist. 6.19 Of this appropriation, $50,000 each 6.20 year is to develop a comprehensive 6.21 database of information regarding the 6.22 activities and characteristics of 6.23 criminal gangs and gang members 6.24 throughout the state. 6.25 The appropriation to hire up to ten 6.26 additional special agents for the gang 6.27 strike force may not be used to 6.28 purchase or lease vehicles. 6.29 Subd. 4. Fire Marshal 6.30 2,894,000 2,954,000 6.31 Subd. 5. Alcohol and Gambling 6.32 Enforcement 6.33 Summary by Fund 6.34 General 1,682,000 1,716,000 6.35 Special Revenue 72,000 -0- 6.36 Subd. 6. Crime Victims Services 6.37 2,122,000 2,130,000 6.38 Subd. 7. Crime Victims Ombudsman 6.39 322,000 329,000 6.40 Subd. 8. Law Enforcement and 6.41 Community Grants 6.42 5,590,000 4,185,000 6.43 The appropriations in this subdivision 6.44 are one-time appropriations. 6.45 Of this appropriation, $1,000,000 each 6.46 year is to provide funding for grants 6.47 under Minnesota Statutes, section 6.48 299A.62, subdivision 1, clause (2), to 6.49 enable local law enforcement agencies 6.50 to assign overtime officers to high 6.51 crime areas within their 6.52 jurisdictions. Up to four percent each 6.53 year is to administer the program. 7.1 Of this appropriation, $2,125,000 each 7.2 year is for a grant to the criminal 7.3 gang oversight council to be used for 7.4 the grants authorized in article 8 and 7.5 to fund the organization and operation 7.6 of the strike force. The council may 7.7 use part of this appropriation to 7.8 procure necessary equipment. However, 7.9 the council shall seek to minimize 7.10 expenses relating to equipment by 7.11 encouraging local entities to 7.12 contribute equipment and other support 7.13 to the strike force. 7.14 $50,000 the first year is for Ramsey 7.15 county to continue the special unit 7.16 enforcing the state nuisance laws. 7.17 $75,000 the first year is for one or 7.18 more grants to community-based programs 7.19 to conduct research on street gang 7.20 culture and, based on this research, 7.21 develop effective prevention and 7.22 intervention techniques to help youth 7.23 avoid or end their street gang 7.24 involvement. Each program receiving a 7.25 grant shall provide a report to the 7.26 criminal gang oversight council 7.27 established in article 8, containing 7.28 the following information: 7.29 (1) the results of the program's 7.30 research on street gang culture; 7.31 (2) the program's plans for additional 7.32 research on street gang culture, if 7.33 any; and 7.34 (3) the prevention and intervention 7.35 techniques developed by the program. 7.36 An interim report must be provided to 7.37 the council six months after a program 7.38 is awarded a grant. A final report 7.39 must be provided to the council by 7.40 February 1, 1999. A copy of each 7.41 report also must be provided to the 7.42 commissioner of public safety. 7.43 Each program receiving a grant also 7.44 must provide information and 7.45 recommendations on gang culture to the 7.46 criminal gang oversight council and 7.47 criminal gang strike force, as 7.48 requested by the council or strike 7.49 force. 7.50 Of this appropriation, $40,000 the 7.51 first year shall be transferred as a 7.52 grant to a nonprofit organization to be 7.53 used to meet one-half of the state 7.54 match requirement if the organization 7.55 receives federal funding to: (1) 7.56 acquire interactive multimedia 7.57 equipment for courtroom presentations 7.58 to aid in the prosecution of complex 7.59 homicide and child fatality cases; and 7.60 (2) retain a forensic pathologist 7.61 skilled in making such presentations to 7.62 serve as a consultant to prosecutors 7.63 statewide for one year. This grant is 8.1 available only if the organization 8.2 obtains funds for the remainder of the 8.3 state match from other sources. 8.4 $200,000 of this appropriation is for 8.5 grants to the Council on Black 8.6 Minnesotans to continue the program 8.7 established in Laws 1996, chapter 408, 8.8 article 2, section 13. 8.9 $100,000 the first year is for the 8.10 continuation of the community-oriented 8.11 chemical dependency pilot project 8.12 created in Laws 1996, chapter 408, 8.13 article 2, section 11. The 8.14 appropriation is available only if 8.15 Hennepin county and the city of 8.16 Minneapolis together contribute an 8.17 equal amount in the form of either 8.18 money or resources to fund such 8.19 services as: (1) treatment and 8.20 aftercare placements not otherwise 8.21 covered by this appropriation; and (2) 8.22 the provision of police resources to 8.23 expand the pilot program to include 8.24 intervention efforts at neighborhood 8.25 drug houses. 8.26 Of this appropriation, $300,000 the 8.27 first year is for grants to local 8.28 governmental units that have incurred 8.29 costs implementing Minnesota Statutes, 8.30 section 244.052 or 244.10, subdivision 8.31 2a. Local governmental units shall 8.32 detail the costs they have incurred 8.33 along with any other information 8.34 required by the commissioner. The 8.35 commissioner shall award grants in a 8.36 manner that reimburses local 8.37 governmental units demonstrating the 8.38 greatest need. 8.39 Of this appropriation, $350,000 the 8.40 first year is for a grant to the 8.41 northwest Hennepin human services 8.42 council to administer the northwest 8.43 community law enforcement project, to 8.44 be available until June 30, 1999. 8.45 Of this appropriation, $75,000 the 8.46 first year is for grants to the 8.47 Hennepin county sheriff's office and 8.48 the Minneapolis police department for 8.49 implementation of first year costs of 8.50 operating the FBI Drugfire computer 8.51 program for analyzing bullets and 8.52 bullet casings. 8.53 Of this appropriation, $1,000,000 the 8.54 first year and $1,000,000 the second 8.55 year is for weed and seed grants under 8.56 Minnesota Statutes, section 299A.63. 8.57 Money not expended in the first year is 8.58 available for grants during the second 8.59 year. Up to five percent of this 8.60 appropriation may be used for 8.61 administration and evaluation of the 8.62 program. 8.63 Of this appropriation, $40,000 the 8.64 first year is for purposes of the 9.1 firefighter training study committee 9.2 created in article 2. 9.3 Of this appropriation, $50,000 the 9.4 first year is for grants to Hennepin or 9.5 Ramsey county to administer the 9.6 community service grant pilot project 9.7 program created in article 2. 9.8 Of this appropriation, $50,000 the 9.9 first year is for a grant to assist the 9.10 Minneapolis police department in paying 9.11 per diem costs of temporary housing for 9.12 pretrial and trial detainees outside 9.13 the city of Minneapolis. This 9.14 appropriation is available until 9.15 expended. 9.16 Of this appropriation, $75,000 in the 9.17 first year is for the commissioner, in 9.18 cooperation with the commissioners of 9.19 health and corrections, to provide 9.20 education and training to peace 9.21 officers and other criminal justice 9.22 personnel on early intervention and 9.23 reduction of possible HIV 9.24 seroconversion for persons who 9.25 experience a significant exposure, as 9.26 defined in Minnesota Statutes, section 9.27 144.761. A portion of this 9.28 appropriation shall be awarded as 9.29 grants to professional employers of 9.30 emergency medical services personnel as 9.31 defined in Minnesota Statutes, section 9.32 144.761, subdivision 5, clause (2), to 9.33 demonstrate effective education and 9.34 training services and procedures for 9.35 implementing the protocol described in 9.36 Minnesota Statutes, section 144.762. 9.37 Subd. 9. Administration and Related Services 9.38 ...,-0-,... ...,-0-,... 9.39 This appropriation is to be deposited 9.40 in the public safety officer's benefit 9.41 account. This money is available for 9.42 reimbursements under Minnesota 9.43 Statutes, section 299A.465. 9.44 Sec. 8. BOARD OF PRIVATE DETECTIVE 9.45 AND PROTECTIVE AGENT SERVICES 130,000 132,000 9.46 Sec. 9. BOARD OF PEACE OFFICER 9.47 STANDARDS AND TRAINING 3,581,000 4,339,000 9.48 This appropriation is from the peace 9.49 officers training account in the 9.50 special revenue fund. Any receipts 9.51 credited to the peace officer training 9.52 account in the special revenue fund in 9.53 the first year in excess of $3,581,000 9.54 must be transferred and credited to the 9.55 general fund. Any receipts credited to 9.56 the peace officer training account in 9.57 the special revenue fund in the second 9.58 year in excess of $4,339,000 must be 9.59 transferred and credited to the general 9.60 fund. 9.61 Of this appropriation, $30,000 the 10.1 first year is from the special revenue 10.2 fund for DARE officer training. 10.3 Of this appropriation, $850,000 the 10.4 second year shall be expended as 10.5 follows: (1) up to $30,000 for 10.6 administrative law judge costs; (2) up 10.7 to $16,000 for minority recruitment; 10.8 (3) up to $10,000 for computer training 10.9 and support; (4) up to $30,000 for DARE 10.10 officer training; (5) $100,000 for a 10.11 law enforcement library at metropolitan 10.12 state university; and (6) up to 10.13 $664,000 for increased reimbursements 10.14 to local law enforcement for the cost 10.15 of administering board-approved 10.16 continuing education to peace officers. 10.17 The commissioner of finance shall 10.18 ensure that the base budget for the 10.19 2000-2001 fiscal biennium for the POST 10.20 board includes the $850,000 each year 10.21 that was transferred in fiscal year 10.22 1997 from the POST board to the 10.23 Minnesota state colleges and 10.24 universities system. 10.25 Sec. 10. BOARD OF PUBLIC DEFENSE 10.26 Subdivision 1. Total 10.27 Appropriation 41,277,000 42,228,000 10.28 None of this appropriation shall be 10.29 used to pay for lawsuits against public 10.30 agencies or public officials to change 10.31 social or public policy. 10.32 The amounts that may be spent from this 10.33 appropriation for each program are 10.34 specified in the following subdivisions. 10.35 Subd. 2. State Public 10.36 Defender 10.37 3,250,000 3,315,000 10.38 Subd. 3. Board of Public 10.39 Defense 10.40 900,000 915,000 10.41 Subd. 4. District Public 10.42 Defense 10.43 37,127,000 37,998,000 10.44 $1,014,000 the first year and 10.45 $1,040,000 the second year are for 10.46 grants to the five existing public 10.47 defense corporations under Minnesota 10.48 Statutes, section 611.216. 10.49 Sec. 11. CORRECTIONS 10.50 Subdivision 1. Total 10.51 Appropriation 301,797,000 310,666,000 10.52 The amounts that may be spent from this 10.53 appropriation for each program are 10.54 specified in the following subdivisions. 11.1 Any unencumbered balances remaining in 11.2 the first year do not cancel but are 11.3 available for the second year of the 11.4 biennium. 11.5 Positions and administrative money may 11.6 be transferred within the department of 11.7 corrections as the commissioner 11.8 considers necessary, upon the advance 11.9 approval of the commissioner of finance. 11.10 For the biennium ending June 30, 1999, 11.11 the commissioner of corrections may, 11.12 with the approval of the commissioner 11.13 of finance, transfer funds to or from 11.14 salaries. 11.15 The department may use up to $320,000 11.16 of dedicated receipts to construct a 11.17 new building for Thistledew Camp's new 11.18 wilderness endeavors program. The 11.19 building must provide a training and 11.20 juvenile dorm area plus storage for a 11.21 capacity of ten. 11.22 Subd. 2. Correctional 11.23 Institutions 11.24 182,490,000 191,498,000 11.25 The commissioner may expend federal 11.26 grant monies in an amount up to 11.27 $1,000,000 to supplement the renovation 11.28 of the buildings at the Brainerd 11.29 regional center for use as a 11.30 correctional facility. 11.31 Of this appropriation, $100,000 each 11.32 year is to expand the fugitive unit. 11.33 If the commissioner deems it necessary 11.34 to reduce staff positions during the 11.35 biennium ending June 30, 1999, the 11.36 commissioner must reduce at least the 11.37 same percentage of management and 11.38 supervisory personnel as line and 11.39 support personnel in order to ensure 11.40 employee safety, inmate safety, and 11.41 facility security. 11.42 During the biennium ending June 30, 11.43 1999, the commissioner must consider 11.44 ways to reduce the per diem in adult 11.45 correctional facilities. As part of 11.46 this consideration, the commissioner 11.47 must consider reduction in management 11.48 and supervisory personnel levels in 11.49 addition to line staff levels within 11.50 adult correctional institutions, 11.51 provided this objective can be 11.52 accomplished without compromising 11.53 safety and security. 11.54 Subd. 3. Juvenile Services 11.55 16,624,000 16,762,000 11.56 Of this appropriation, $300,000 the 11.57 first year is to plan for and establish 11.58 a weekend camp program at Camp Ripley 11.59 designed for first- or second-time male 12.1 juvenile offenders ages 11 to 14. The 12.2 commissioner shall develop eligibility 12.3 standards for the program. The camp 12.4 shall be a highly structured program 12.5 and teach work skills, such as 12.6 responsibility, organization, time 12.7 management, and follow-through. The 12.8 juvenile offenders will each develop a 12.9 community service plan that will be 12.10 implemented upon return to the 12.11 community. The program shall receive 12.12 referrals from youth service agencies, 12.13 police, school officials, parents, and 12.14 the courts. By January 15, 1998, the 12.15 commissioner shall report to the chairs 12.16 of the house and senate criminal 12.17 justice funding divisions a proposed 12.18 budget for this camp program for the 12.19 second year of the fiscal biennium and 12.20 shall include a description of the 12.21 proposed outcomes for the program. 12.22 This appropriation also may be used to 12.23 conduct planning and evaluation for the 12.24 PREPARE program at Red Wing and for 12.25 additional camp programs and aftercare 12.26 services for juvenile offenders. 12.27 Subd. 4. Community Services 12.28 82,563,000 82,310,000 12.29 Of this appropriation, $300,000 each 12.30 year is for the school-based probation 12.31 pilot programs established in article 12.32 2. This is a one-time appropriation. 12.33 Of this appropriation, $175,000 each 12.34 year is for the Ramsey county enhanced 12.35 probation pilot project established in 12.36 article 2. The appropriation may not 12.37 be used to supplant law enforcement or 12.38 county probation officer positions, or 12.39 correctional services or programs. 12.40 This is a one-time appropriation. 12.41 Of this appropriation, $250,000 the 12.42 first year is for the gang intervention 12.43 pilot project established in article 12.44 2. This is a one-time appropriation. 12.45 Of this appropriation, $175,000 each 12.46 year is for grants to local communities 12.47 to establish and implement restorative 12.48 justice programs in their communities. 12.49 As used in this paragraph, "restorative 12.50 justice program" means a program that 12.51 provides forums where certain 12.52 individuals accused of having committed 12.53 a crime meet with the victim; the 12.54 victim's family members or other 12.55 supportive persons, if appropriate; a 12.56 law enforcement official or prosecutor 12.57 when appropriate; and members of the 12.58 community, in order to: (1) discuss 12.59 the impact of the offense on the victim 12.60 and the community; (2) assign an 12.61 appropriate sanction to the offender; 12.62 and (3) provide methods for 12.63 reintegrating the offender into the 12.64 community when the offender is from the 13.1 community. This is a one-time 13.2 appropriation. 13.3 Local communities and organizations 13.4 that receive grants for or operate 13.5 restorative justice programs must make 13.6 available all data relating to the 13.7 operation of the program, including: 13.8 (1) names of adult offenders serving in 13.9 the program; (2) hours that each 13.10 offender is expected to serve; (3) 13.11 total number of hours served by each 13.12 offender; (4) locations where service 13.13 is performed or is to be performed; and 13.14 (5) names of individuals who supervise 13.15 offenders in the program. These 13.16 communities and organizations also must 13.17 allow interested third parties 13.18 reasonable access to observe the 13.19 programs in operation. These programs 13.20 also should have clearly established 13.21 neighborhood, community, and family 13.22 measures of success and must report to 13.23 the commissioner with an evaluation of 13.24 the program on or before June 30, 1999. 13.25 Of this appropriation, $95,000 the 13.26 first year is for the Dakota county 13.27 family group conferencing pilot project 13.28 established in Laws 1996, chapter 408, 13.29 article 2, section 9. This is a 13.30 one-time appropriation. 13.31 Of this appropriation, $40,000 the 13.32 first year is for educational equipment 13.33 and training to be used for sex 13.34 offender notification meetings by law 13.35 enforcement agencies around the state. 13.36 This is a one-time appropriation. 13.37 All money received by the commissioner 13.38 of corrections pursuant to the domestic 13.39 abuse investigation fee under Minnesota 13.40 Statutes, section 609.2244, shall be 13.41 available for use by the commissioner 13.42 and is hereby appropriated annually to 13.43 the commissioner of corrections for 13.44 costs related to conducting the 13.45 investigations. 13.46 $1,500,000 each year is for an increase 13.47 in community corrections act subsidy 13.48 funding. The funding shall be 13.49 distributed according to the community 13.50 corrections aid formula in Minnesota 13.51 Statutes, section 401.10. 13.52 In fiscal year 1998 and fiscal year 13.53 1999, the commissioner shall distribute 13.54 money appropriated for state and county 13.55 probation officer workload reduction, 13.56 increased supervised release and 13.57 probation services, and county 13.58 probation officer reimbursement 13.59 according to the formula contained in 13.60 Minnesota Statutes, section 401.10. 13.61 These appropriations may not be used to 13.62 supplant existing state or county 13.63 probation officer positions or existing 13.64 correctional services or programs. 13.65 This money is intended to reduce state 14.1 and county probation officer workloads 14.2 and to increase supervision of 14.3 individuals sentenced to probation at 14.4 the county level. This increased 14.5 supervision may be accomplished through 14.6 a variety of methods, including but not 14.7 limited to: (1) innovative technology 14.8 services, such as automated probation 14.9 reporting systems and electronic 14.10 monitoring; (2) prevention and 14.11 diversion programs; (3) 14.12 intergovernmental cooperation 14.13 agreements between local governments 14.14 and appropriate community resources; 14.15 and (4) traditional probation program 14.16 services. 14.17 Of this appropriation, $250,000 shall 14.18 be distributed to the 14.19 Dodge-Fillmore-Olmsted community 14.20 corrections agency and $251,000 shall 14.21 be distributed to the Arrowhead 14.22 regional corrections agency for use in 14.23 a pilot project to expand the agencies' 14.24 productive day initiative programs, as 14.25 defined in Minnesota Statutes, section 14.26 241.275, to include juvenile offenders 14.27 who are 16 years of age and older. 14.28 This is a one-time appropriation. 14.29 Of this appropriation, $700,000 each 14.30 year is for grants to the judicial 14.31 districts to implement drug court 14.32 programs. Grants must be approved by 14.33 the supreme court before any funds are 14.34 distributed. The commissioner may use 14.35 a portion of this appropriation as a 14.36 grant to Hennepin county for the pilot 14.37 juvenile gun education program 14.38 described in article 2. This is a 14.39 one-time appropriation. 14.40 Of this appropriation, $25,000 the 14.41 first year is to complete the 14.42 criterion-related cross validation 14.43 study authorized in Laws 1995, chapter 14.44 226, article 1, section 11, designed to 14.45 measure outcomes of placing juveniles 14.46 in out-of-home placement programs. The 14.47 study must be completed by January 1, 14.48 1998. This is a one-time appropriation. 14.49 Before the commissioner uses money that 14.50 would otherwise cancel to the general 14.51 fund for the court services tracking 14.52 system, the proposal for the system 14.53 must be reviewed by the criminal and 14.54 juvenile justice information policy 14.55 group. 14.56 Subd. 5. Crime Victim and 14.57 Prevention Services 14.58 10,849,000 10,637,000 14.59 Of this appropriation, $75,000 each 14.60 year is to provide programs to serve 14.61 general crime victims, as described in 14.62 Minnesota Statutes, section 611A.361, 14.63 subdivision 1, in the counties that do 14.64 not have crime prevention service 15.1 programs and to provide programs to 15.2 under served communities that need 15.3 additional assistance. This is a 15.4 one-time appropriation. 15.5 Of this appropriation, $100,000 is to 15.6 make grants, with the assistance of the 15.7 crime victim prevention division, to 15.8 organizations or local units of 15.9 government providing support services 15.10 to women leaving systems of 15.11 prostitution. This is a one-time 15.12 appropriation. 15.13 Of this appropriation, $75,000 each 15.14 year is to fund community advocacy 15.15 programs for battered women under 15.16 Minnesota Statutes, section 611A.32. 15.17 The services to be funded include: (1) 15.18 community-based domestic abuse advocacy 15.19 programs in counties currently not 15.20 receiving grants from the commissioner; 15.21 (2) American Indian battered women 15.22 advocacy and support services; and (3) 15.23 underfunded community advocacy 15.24 programs. The commissioner must give 15.25 priority status to Red Lake, 15.26 Clearwater, and Big Stone counties in 15.27 distributing the appropriation to 15.28 ensure that these counties have 15.29 services available to battered women. 15.30 $103,000 the first year and $103,000 15.31 the second year to provide funding for 15.32 one existing battered women's shelter 15.33 in Washington county that currently is 15.34 not funded; and $104,000 the first year 15.35 and $104,000 the second year for one 15.36 existing battered women's shelter in 15.37 Goodhue county that currently is not 15.38 funded. 15.39 $25,000 each year is for grants to the 15.40 city of St. Paul to provide support 15.41 services to the surviving family 15.42 members of homicide, suicide, and 15.43 accidental death victims. This is a 15.44 one-time appropriation. 15.45 Of this appropriation, $55,000 is for 15.46 grants to the Hennepin and Ramsey 15.47 county attorneys' offices to improve 15.48 the education of landlords and tenants 15.49 on best practices in the rental 15.50 market. This is a one-time 15.51 appropriation. 15.52 Of this appropriation, $75,000 the 15.53 first year is for the commissioner, in 15.54 cooperation with the commissioner of 15.55 health and the attorney general, to 15.56 provide education and training to 15.57 county attorneys, public defenders, 15.58 victim advocates, and shelters on early 15.59 intervention and reduction of possible 15.60 HIV seroconversion for victims of 15.61 serious crimes that involve possible 15.62 HIV exposure; and in cooperation with 15.63 the commissioner of health, to 15.64 reimburse health care providers for 15.65 counseling, testing, and early 16.1 intervention services provided to crime 16.2 victims who request the services. This 16.3 is a one-time appropriation. 16.4 The commissioner of corrections shall 16.5 examine options for implementing a 16.6 victim notification system designed to 16.7 reduce the probability of further 16.8 harassment of the victim. The 16.9 commissioner shall examine the 16.10 feasibility of a toll-free call center 16.11 to allow victims to obtain information 16.12 on the current status and location of 16.13 inmates. By February 1, 1998, the 16.14 commissioner shall submit a plan for 16.15 implementing a victim notification 16.16 system. 16.17 Subd. 6. Management Services 16.18 9,271,000 9,459,000 16.19 Sec. 12. CORRECTIONS OMBUDSMAN 565,000 580,000 16.20 Sec. 13. SENTENCING GUIDELINES 16.21 COMMISSION 395,000 405,000 16.22 Sec. 14. DEPARTMENT OF HUMAN 16.23 RIGHTS 16.24 Subdivision 1. Total 16.25 Appropriation 3,763,000 3,790,000 16.26 Subd. 2. Contract Compliance 16.27 386,000 395,000 16.28 Subd. 3. Complaint Processing 16.29 2,675,000 2,679,000 16.30 Of this appropriation, $50,000 the 16.31 first year is for a program for testing 16.32 whether the Human Rights Act, Minnesota 16.33 Statutes, chapter 363, is being 16.34 complied with in the area of rental 16.35 housing. The program must include 16.36 tests to determine the frequency of 16.37 incidents of racial discrimination. 16.38 The department shall report to the 16.39 appropriate committees of the 16.40 legislature by January 1, 1998, on the 16.41 results and effectiveness of the 16.42 program. This is a one-time 16.43 appropriation. 16.44 Subd. 4. Management Services and 16.45 Administration 16.46 702,000 716,000 16.47 Sec. 15. UNIFORM LAWS COMMISSION 35,000 36,000 16.48 Sec. 16. ATTORNEY GENERAL 162,000 218,000 16.49 Of this appropriation, $70,000 each 16.50 year is for a grant to the DARE 16.51 advisory council to be used to continue 16.52 existing education programs in 16.53 elementary schools and to expand the 16.54 program into junior and senior high 17.1 schools. This is a one-time 17.2 appropriation. 17.3 Of this appropriation, $69,000 is a 17.4 one-time appropriation to hire law 17.5 clerks to assist the attorney general's 17.6 office in fulfilling its 17.7 responsibilities to the criminal gang 17.8 strike force and the arson strike force. 17.9 Sec. 17. DEFICIENCY APPROPRIATION 17.10 Fiscal Year 1997 17.11 General 1,393,000 17.12 This appropriation for fiscal year 1997 17.13 is added to the appropriation in Laws 17.14 1995, chapter 226, article 1, section 17.15 7, subdivision 2, to provide matching 17.16 funds for federal emergency management 17.17 assistance funds received for natural 17.18 disaster assistance payments. 17.19 Sec. 18. Laws 1995, chapter 226, article 3, section 60, 17.20 subdivision 4, is amended to read: 17.21 Subd. 4. [TIME LINES.] By December 1, 1996, the rulemaking 17.22 committee shall submit draft rule parts which address the 17.23 program standards, evaluation, and auditing standards and 17.24 procedures to the chairs of the senate crime prevention and 17.25 house of representatives judiciary committee for review.
By17.26 July 31, 1997, the licensing and programming rulemaking process17.27 shall be completed.By July 1, 1998, the licensing and 17.28 programming rule draft shall be completed. Promulgation of the 17.29 draft rule parts, under the provision of Minnesota Statutes, 17.30 chapter 14, shall commence immediately thereafter. In addition, 17.31 the commissioner of corrections and commissioner of human 17.32 services may develop interpretive guidelines for the licensing 17.33 and programming rule. 17.34 Sec. 19. Laws 1996, chapter 408, article 1, section 6, 17.35 subdivision 6, is amended to read: 17.36 Subd. 6. Spending Cap 17.37 General fund spending by the department17.38 of corrections is limited to17.39 $614,000,000 in the biennium ending17.40 June 30, 1999.17.41 The commissioner of corrections shall 17.42 prepare and submit to the legislature 17.43 by December 1, 1996, a proposal on how 17.44 to limit the increase in general fund 17.45 appropriations to the department of 17.46 corrections from the 1996-1997 biennium 18.1 to the 1998-1999 biennium so as not to 18.2 exceed the spending cap. The 18.3 commissioner may also submit 18.4 alternative proposals to accomplish the 18.5 same goal. The proposal or proposals 18.6 must include the commissioner's 18.7 recommendations for changes in 18.8 administration, programming, staffing, 18.9 and community services. 18.10 Sec. 20. [PLAN FOR FUNDING CRIME VICTIM SERVICES.] 18.11 The commissioners of the departments of corrections and 18.12 public safety will provide a report to the chairs of the house 18.13 judiciary finance division and the senate crime prevention and 18.14 judiciary finance division by February 1, 1998. The report will 18.15 contain a comprehensive coordinated plan for establishing and 18.16 funding statewide services for battered women, sexual assault, 18.17 and general crime victims. 18.18 ARTICLE 2 18.19 CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS 18.20 Section 1. [GANG INTERVENTION SERVICES; PILOT GRANT 18.21 PROGRAM.] 18.22 Subdivision 1. [GANG INTERVENTION.] The commissioner of 18.23 corrections shall develop and administer a gang intervention 18.24 pilot grant program to provide services to young persons who are 18.25 interested in terminating their gang affiliation. This program 18.26 shall assist local organizations engaged in helping gang members 18.27 separate themselves from their gang affiliation by providing 18.28 services to former members of criminal gangs. The commissioner 18.29 shall develop a grant application that specifies the eligibility 18.30 criteria for receiving grants and sets a formula for the match 18.31 requirement. 18.32 Subd. 2. [ELIGIBILITY FOR GRANTS.] A local organization 18.33 must meet the following criteria to be eligible for a grant 18.34 under the program: 18.35 (1) it must be a private, nonprofit organization or a local 18.36 public agency; 18.37 (2) it must offer and provide to clients of the program 18.38 services to help gang members terminate their affiliation with 18.39 gangs, including educational opportunities, job skill 18.40 development, life skills, community service, medical services, 19.1 and counseling; and 19.2 (3) it must provide matching funds or in kind services in 19.3 compliance with the formula set by the commissioner of 19.4 corrections. 19.5 Subd. 3. [ELIGIBILITY FOR SERVICES.] A person who seeks to 19.6 receive services under this section must meet the following 19.7 criteria: 19.8 (1) at the time the person is accepted into the program, 19.9 the person must not be older than 25 years of age or be under 19.10 the custody of the commissioner of corrections; 19.11 (2) the person must not have received substantially similar 19.12 services previously from the grant program or any other publicly 19.13 funded program; 19.14 (3) the person must be employable, as determined by the 19.15 grantee organization; and 19.16 (4) the person must agree to comply with all of the program 19.17 participation requirements established by the grantee 19.18 organization, including performing any required community 19.19 service. 19.20 Subd. 4. [REPORT TO LEGISLATURE.] On or before January 15, 19.21 1999, the commissioner of corrections shall submit a report to 19.22 the legislature evaluating the operating of the pilot grant 19.23 program established in this section. 19.24 Sec. 2. [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.] 19.25 Subdivision 1. [ESTABLISHMENT.] A pilot project is created 19.26 in Ramsey county to establish and implement an enhanced 19.27 probation law enforcement community partnership program. This 19.28 program will provide intensive monitoring and coordination 19.29 between juvenile probation officers, local law enforcement 19.30 personnel, and culturally specific community nonprofit agencies 19.31 to best deal with juvenile probationers who have committed or 19.32 who are at risk to commit violent crimes, especially likely to 19.33 involve weapons, and who are associated with gang and drug 19.34 activities in Ramsey county. 19.35 Subd. 2. [PILOT PROJECT.] (a) The pilot project is a local 19.36 Ramsey county community-based program designed to discourage 20.1 young people from involvement in unlawful drug or street gang 20.2 activities usually involving violence and weapons. It will 20.3 provide a bridge between the law enforcement, corrections, and 20.4 culturally specific community-based programs designed to provide 20.5 a more intensive intervention, including during evenings and 20.6 weekends, effort with juvenile offenders on probation who are 20.7 identified as likely to engage in repeated criminal activity in 20.8 the future unless intervention is undertaken through intensive 20.9 surveillance, accountable consequences for probation violations, 20.10 and the use of culturally sensitive treatment programs that are 20.11 innovative and that encourage substantial involvement by members 20.12 of the community served by the program. 20.13 (b) This is a pilot project for Ramsey county, the city of 20.14 St. Paul, and other local law enforcement agencies along with 20.15 nonprofit community-based entities who may apply for a grant by 20.16 submitting an application to Ramsey county for a portion of the 20.17 state funding. 20.18 (c) The applicant nonprofit community-based entities must 20.19 specify the following in their applications: 20.20 (1) a description of each program for which funding is 20.21 sought; 20.22 (2) intended outcomes and performance indicators for the 20.23 program; 20.24 (3) a description of the planning process that identifies 20.25 local community needs, surveys existing programs, provides for 20.26 coordination with existing programs, and involves all affected 20.27 sectors of the community; 20.28 (4) the geographical area to be served by the program; and 20.29 (5) the cultural specific group to be served. 20.30 Subd. 3. [REPORT ON PILOT PROJECT.] Ramsey county shall 20.31 provide a summary of how the grant funds are spent and the 20.32 extent to which the objectives of the program are achieved. The 20.33 summary is to be submitted to the chairs of the committees of 20.34 the senate and house of representatives with jurisdiction over 20.35 criminal justice policy and funding of crime prevention 20.36 programs, by March 1 each year, based on the information 21.1 provided by applicants under this subdivision and the results of 21.2 the enforcement efforts of the joint police-probation officer 21.3 teams. 21.4 Sec. 3. [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 21.5 DAKOTA AND ANOKA COUNTIES.] 21.6 Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1, 21.7 1997, the commissioner of corrections shall establish 21.8 school-based probation pilot projects in Dakota and Anoka 21.9 counties. 21.10 Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and 21.11 Anoka counties shall each select one middle or junior high 21.12 school and one high school to participate in the school-based 21.13 probation pilot project. Each county may select one additional 21.14 middle, junior high, or high school for a total of no more than 21.15 three schools in each county. Each county shall select as 21.16 participating schools those schools which are able to provide 21.17 necessary support for the program, such as office space, access 21.18 to the building during nonschool hours, and a willingness to 21.19 develop alternative disciplinary responses. Each school-based 21.20 probation program established shall contain a probation officer 21.21 located at the school who is available to help the school 21.22 address behavioral incidents in the school by probationers. The 21.23 probation officer shall help in: 21.24 (1) conducting cognitive/behavioral group sessions along 21.25 with school personnel providing cofacilitation assistance; 21.26 (2) developing and administering alternatives to school 21.27 discipline actions such as suspension, which may include 21.28 mediation, community service, or home confinement; 21.29 (3) working more closely with the school and communicating 21.30 with and engaging the family's support of the juvenile's school 21.31 work and behavior; and 21.32 (4) referring and brokering with other schools' services to 21.33 align the probationer and the probationer's family with needed 21.34 services. 21.35 Subd. 3. [DATA PRACTICES.] Data created, collected, used, 21.36 or maintained by school-based probation officers and school 22.1 officials participating in this pilot project are private data 22.2 on individuals as defined in Minnesota Statutes, section 13.02, 22.3 subdivision 12, and may be disseminated among personnel working 22.4 with the school-based probation project and as follows: 22.5 (1) pursuant to Minnesota Statutes, section 13.05; 22.6 (2) pursuant to a valid court order; 22.7 (3) pursuant to a statute specifically authorizing access 22.8 to the private data; 22.9 (4) as allowed in Code of Federal Regulations, title 34, 22.10 part 99; or 22.11 (5) within the participating school district or educational 22.12 entity as necessary to protect persons or property or to address 22.13 the educational and other needs of students. 22.14 Subd. 4. [REPORT REQUIRED.] By January 15, 1999, the 22.15 commissioner of corrections shall report to the chairs of the 22.16 senate and house of representatives committees having 22.17 jurisdiction over criminal justice policy on the effectiveness 22.18 of the pilot project and any school-based probation programs 22.19 created under this section. The report shall address the 22.20 effectiveness of the pilot project by measuring reduction in 22.21 school suspensions, improvement in grades, reduction of truant 22.22 behavior, reduction in number and severity of delinquent 22.23 behaviors, increase in number who return to school, and increase 22.24 in number who succeed in school. 22.25 Sec. 4. [WORKING GROUP ON RESTITUTION.] 22.26 Subdivision 1. [CREATION; DUTIES.] A working group is 22.27 created to study methods to improve the collection of 22.28 restitution and the enforcement of restitution orders for repeat 22.29 offenders. The working group must consider the feasibility of: 22.30 (1) incarcerating offenders who have been convicted two or 22.31 more times of committing an offense for which restitution to a 22.32 victim, as defined in Minnesota Statutes, section 611A.01, or to 22.33 society is owed or should be paid, including but not limited to 22.34 violations of Minnesota Statutes, sections 169.121 (DWI) or 22.35 169.129 (aggravated DWI); 609.375 (nonpayment of child support); 22.36 609.52 (theft); 609.561 to 609.563 (arson); or 609.582 23.1 (burglary); 23.2 (2) requiring these inmates to work at a fair market wage; 23.3 and 23.4 (3) enabling inmates to first pay restitution to their 23.5 victims, after satisfying any outstanding or ongoing child 23.6 support or spousal maintenance obligations, and secondly, to pay 23.7 the operating costs of their confinement, including the costs of 23.8 any privileges, treatment, or services received by the inmates 23.9 in the facility. 23.10 Subd. 2. [MEMBERSHIP.] The working group consists of the 23.11 following 14 members: 23.12 (1) the commissioner of corrections or the commissioner's 23.13 designee; 23.14 (2) two district court judges appointed by the chief 23.15 justice, one from the metropolitan area, and one from outside 23.16 the metropolitan area; 23.17 (3) the ombudsman for crime victims; 23.18 (4) the ombudsman for corrections; 23.19 (5) a representative of the Minnesota association of 23.20 community corrections act counties; 23.21 (6) a representative of the Minnesota association of county 23.22 probation officers; 23.23 (7) two members of the house of representatives appointed 23.24 by the speaker, and two members of the senate appointed by the 23.25 subcommittee on committees. These appointments must be made in 23.26 a manner that ensures a fair representation of viewpoints on 23.27 business and labor issues; 23.28 (8) one crime victim; 23.29 (9) one representative of the business community appointed 23.30 by the commissioner of corrections after consultation with the 23.31 Minnesota business partnership and the Minnesota chamber of 23.32 commerce; and 23.33 (10) one representative of labor unions appointed by the 23.34 commissioner of corrections after consultation with public and 23.35 private labor organizations from the affiliated membership of 23.36 the Minnesota AFL-CIO. 24.1 The commissioner of corrections or the commissioner's 24.2 designee shall chair and provide necessary staff support to the 24.3 task force. 24.4 Subd. 3. [ADDITIONAL DUTIES.] (a) The working group shall 24.5 study the feasibility of and develop recommendations concerning 24.6 guidelines for sentencing courts to use when sentencing 24.7 offenders to incarceration and when ordering offenders to pay 24.8 restitution to crime victims or to the public. 24.9 (b) The working group shall investigate whether it would be 24.10 feasible for the state to enter into a long-term contract with 24.11 one or more business entities under which the business entity 24.12 would employ inmates at a fair market wage. The commissioner of 24.13 corrections would ensure that inmates use the wages they earn to 24.14 pay restitution to their victims according to restitution 24.15 guidelines approved by the legislature, and to pay the costs of 24.16 their confinement. Based on this investigation, the working 24.17 group shall make recommendations to the legislature by February 24.18 1, 1998, regarding the type of business entity or entities with 24.19 which the state could contract to operate an industry program. 24.20 (c) The working group shall examine current methods of 24.21 collecting restitution and determine whether there are better 24.22 ways of collecting restitution and enforcing restitution orders 24.23 within the current criminal justice system. 24.24 Sec. 5. [PILOT PROGRAM; JUVENILE GUN OFFENDERS.] 24.25 A pilot program is established in Hennepin county for 24.26 juveniles who are found delinquent for illegally possessing a 24.27 pistol. Under this pilot program, judges may order that these 24.28 juveniles be committed to a local county correctional facility 24.29 for not less than 30 days, and that 23 days of this commitment 24.30 be stayed on condition that the juvenile reside in a juvenile 24.31 correctional facility for at least seven days and successfully 24.32 complete a 40-hour course on gun education provided by the 24.33 facility. The court must revoke the stay of commitment if the 24.34 juvenile fails to complete the gun education course. The county 24.35 shall submit a report to the legislature by January 1, 1999, 24.36 evaluating the pilot program. 25.1 Sec. 6. [COMMUNITY SERVICE GRANT PILOT PROJECT.] 25.2 Hennepin and Ramsey counties shall each establish and 25.3 administer a pilot project grant program to fund community-based 25.4 programs in high-crime areas that provide opportunities for 25.5 children under age 16 to volunteer for and perform community 25.6 service. Programs qualifying for grants must encourage good 25.7 citizenship and discourage participating children from engaging 25.8 in illegal activities or associating with criminal gangs. 25.9 Programs receiving grants may provide children who perform 25.10 community service with appropriate nonmonetary rewards 25.11 including, but not limited to, partial scholarships for 25.12 post-secondary education, gift certificates, tickets for 25.13 entertainment, parties, and group outings. 25.14 Hennepin and Ramsey counties shall establish criteria, 25.15 which must include the following, for determining the 25.16 community-based programs eligible for grants: 25.17 (1) have a broad network of established economic and social 25.18 relationships within the community and with local governmental 25.19 units; 25.20 (2) represent a broad range of diversity; 25.21 (3) have demonstrated an ability to administer 25.22 community-based programs and have a history of successful 25.23 community organizing; 25.24 (4) have a proven history of properly supervising and 25.25 successfully interacting with juveniles; and 25.26 (5) have demonstrated an ability to work with schools and 25.27 parents of juveniles. 25.28 Sec. 7. [FIREFIGHTER TRAINING STUDY COMMITTEE.] 25.29 Subdivision 1. [MEMBERSHIP; CHAIR.] (a) The firefighter 25.30 training study committee consists of: 25.31 (1) two representatives of the Minnesota state fire chiefs 25.32 association, appointed by the president of the association; 25.33 (2) two representatives of the Minnesota professional 25.34 firefighters, appointed by the president of the organization; 25.35 (3) two representatives of the Minnesota state fire 25.36 department association, appointed by the president of the 26.1 organization; 26.2 (4) two representatives of the league of Minnesota cities, 26.3 appointed by the president of the league; 26.4 (5) the director of the Minnesota state colleges and 26.5 universities FIRE/EMS center, or the director's designee; 26.6 (6) a public member, appointed by the governor; 26.7 (7) an employee of the department of labor and industry 26.8 whose responsibilities include fire-related occupational safety 26.9 and health activities, appointed by the commissioner of labor 26.10 and industry; 26.11 (8) the commissioner of public safety or the commissioner's 26.12 designee; 26.13 (9) two members of the house of representatives, one from 26.14 each caucus; one representing a district within the metropolitan 26.15 area as defined in Minnesota Statutes, section 473.121, 26.16 subdivision 2, and the other representing a district outside the 26.17 metropolitan area, appointed by the speaker; and 26.18 (10) two members of the senate, one from each caucus; one 26.19 representing a district within the metropolitan area as defined 26.20 in Minnesota Statutes, section 473.121, subdivision 2, and the 26.21 other representing a district outside the metropolitan area, 26.22 appointed by the subcommittee on committees of the committee on 26.23 rules and administration. 26.24 (b) The committee shall elect a chair from the voting 26.25 members. 26.26 Subd. 2. [ADMINISTRATIVE SUPPORT.] The commissioner of 26.27 public safety shall provide necessary administrative and staff 26.28 support to the committee. 26.29 Subd. 3. [COMPENSATION.] Committee members who are not 26.30 public officials or employees are entitled to reimbursement for 26.31 expenses in accordance with Minnesota Statutes, section 15.059, 26.32 subdivision 6. Legislative members are entitled to compensation 26.33 in accordance with rules of the house of representatives and the 26.34 senate. 26.35 Subd. 4. [DUTIES.] (a) The committee shall: 26.36 (1) review findings and recommendations of the joint 27.1 advisory training committee formed by the Minnesota state fire 27.2 department association, the Minnesota state fire chiefs 27.3 association, and the Minnesota professional firefighters; 27.4 (2) conduct further study of firefighter training needs and 27.5 options; 27.6 (3) consider current funding for firefighter training, 27.7 determine any need for additional funding, and recommend 27.8 possible sources of the funding; 27.9 (4) consider the current delivery system for firefighter 27.10 training, including statewide coordinating of training, and any 27.11 needed improvements; 27.12 (5) consider the selection and evaluation of training 27.13 instructors and any needed improvements; 27.14 (6) study levels of service delivery and any need for 27.15 standardized training; 27.16 (7) consider federal and state laws and standards that 27.17 affect firefighter training; 27.18 (8) determine a fair system for reimbursing local 27.19 jurisdictions for training programs; and 27.20 (9) consider the need for centralized administrative 27.21 direction of training programs. 27.22 (b) The committee shall conduct at least three, but no more 27.23 than five, public meetings around the state to gather public 27.24 input relevant to paragraph (a). Before submitting the report 27.25 required by subdivision 5, the committee shall prepare and 27.26 disseminate a draft report and seek public comment on it. A 27.27 record of comment received must be kept and submitted along with 27.28 the report required by subdivision 5. 27.29 Subd. 5. [REPORT.] The committee shall submit a report and 27.30 its recommendations to the legislature by February 1, 1998. The 27.31 report must identify any changes in statutes required to 27.32 implement the committee's recommendations. The committee 27.33 expires upon submission of the report. 27.34 Subd. 6. [LOCAL COOPERATION.] Local government units shall 27.35 cooperate with the committee in the preparation of the report 27.36 required by subdivision 5. 28.1 ARTICLE 3 28.2 GENERAL CRIME PROVISIONS 28.3 Section 1. Minnesota Statutes 1996, section 169.20, 28.4 subdivision 5, is amended to read: 28.5 Subd. 5. [EMERGENCY VEHICLE.] (a) Upon the immediate 28.6 approach of an authorized emergency vehicle equipped with at 28.7 least one lighted lamp exhibiting red light visible under normal 28.8 atmospheric conditions from a distance of 500 feet to the front 28.9 of such vehicle and, except where otherwise not required by law, 28.10 when the driver is giving audible signal by siren, the driver of 28.11 each other vehicle shall yield the right-of-way and shall 28.12 immediately drive to a position parallel to and as close as 28.13 possible to the right-hand edge or curb of the highway clear of 28.14 any intersection, and shall stop and remain in this position 28.15 until the authorized emergency vehicle has passed, except when 28.16 otherwise directed by a police officer. The driver of another 28.17 vehicle on a one-way roadway shall drive to the closest edge or 28.18 curb and stop. The driver of an authorized emergency vehicle 28.19 escorting the movement of a vehicle or load which is oversize or 28.20 overweight need not sound an audible signal by siren but shall 28.21 exhibit the light required by this paragraph. The driver of 28.22 each other vehicle then shall yield the right-of-way, as 28.23 required by this paragraph, to the emergency vehicle escorting 28.24 the vehicle or load which is oversize or overweight. 28.25 (b) Upon the approach of an authorized emergency vehicle 28.26 the driver of each street car and the operator of each trackless 28.27 trolley car shall immediately stop such car clear of any 28.28 intersection and keep it in this position and keep the doors and 28.29 gates of the street car or trackless trolley car closed until 28.30 the authorized emergency vehicle has passed, except when 28.31 otherwise directed by a police officer. 28.32 (c) A peace officer may arrest the driver of a motor 28.33 vehicle if the peace officer has probable cause to believe that 28.34 the driver has operated the vehicle in violation of paragraph 28.35 (a) within the four-hour period following the termination of the 28.36 emergency incident. 29.1 (d) This subdivision shall not operate to relieve the 29.2 driver of an authorized emergency vehicle from the duty to drive 29.3 with due regard for the safety of persons using the highways. 29.4 Sec. 2. Minnesota Statutes 1996, section 169.797, 29.5 subdivision 3, is amended to read: 29.6 Subd. 3. [VIOLATION BY DRIVER.] Any otherperson who 29.7 operates a vehicle upon a public highway, street, or road in 29.8 this state who knows or has reason to know that the owner does 29.9 not have security complying with the terms of section 65B.48 in 29.10 full force and effect is guilty of a crime and shall be 29.11 sentenced as provided in subdivision 4. 29.12 Sec. 3. Minnesota Statutes 1996, section 388.23, 29.13 subdivision 1, is amended to read: 29.14 Subdivision 1. [AUTHORITY.] The county attorney, or any 29.15 deputy or assistant county attorney whom the county attorney 29.16 authorizes in writing, has the authority to subpoena and require 29.17 the production of any records of telephone companies, cellular 29.18 phone companies, paging companies, the names and addresses of 29.19 subscribers of private computer networks including Internet 29.20 service providers or computer bulletin board systems, electric 29.21 companies, gas companies, water utilities, chemical suppliers, 29.22 hotels and motels, pawn shops, airlines, buses, taxis, and other 29.23 entities engaged in the business of transporting people, and 29.24 freight companies, warehousing companies, self-service storage 29.25 facilities, package delivery companies, and other entities 29.26 engaged in the businesses of transport, storage, or delivery, 29.27 and records of the existence of safe deposit box account numbers 29.28 and customer savings and checking account numbers maintained by 29.29 financial institutions and safe deposit companies, insurance 29.30 records relating to the monetary payment or settlement of 29.31 claims, and wage and employment records of an applicant or 29.32 recipient of public assistance who is the subject of a welfare 29.33 fraud investigation relating to eligibility information for 29.34 public assistance programs. Subpoenas may only be issued for 29.35 records that are relevant to an ongoing legitimate law 29.36 enforcement investigation. Administrative subpoenas may only be 30.1 issued in welfare fraud cases if there is probable cause to 30.2 believe a crime has been committed. This provision applies only 30.3 to the records of business entities and does not extend to 30.4 private individuals or their dwellings. Subpoenas may only be 30.5 served by peace officers as defined by section 626.84, 30.6 subdivision 1, paragraph (c). 30.7 Sec. 4. Minnesota Statutes 1996, section 609.101, 30.8 subdivision 5, is amended to read: 30.9 Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 30.10 PAYMENTS.] (a) The court may not waive payment of the minimum 30.11 fine, surcharge, or assessment required by this section. The30.12 court may reduce the amount of the minimum fine, surcharge, or30.13 assessment30.14 (b) If the defendant qualifies for the services of a public 30.15 defender or the court makes written findingsfinds on the record 30.16 that the convicted person is indigent or that immediate payment 30.17 of the fine, surcharge, or assessment would create undue 30.18 hardship for the convicted person or that person's immediate 30.19 family, the court may reduce the amount of the minimum fine to 30.20 not less than $50. 30.21 (c) The court also may authorize payment of the fine, 30.22 surcharge, or assessment in installments. 30.23 Sec. 5. Minnesota Statutes 1996, section 609.135, 30.24 subdivision 1, is amended to read: 30.25 Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a 30.26 sentence of life imprisonment is required by law, or when a 30.27 mandatory minimum sentence is required by section 609.11, any 30.28 court may stay imposition or execution of sentence and: 30.29 (a)(1) may order intermediate sanctions without placing 30.30 the defendant on probation ,; or 30.31 (b)(2) may place the defendant on probation with or 30.32 without supervision and on the terms the court prescribes, 30.33 including intermediate sanctions when practicable. The court 30.34 may order the supervision to be under the probation officer of 30.35 the court, or, if there is none and the conviction is for a 30.36 felony or gross misdemeanor, by the commissioner of corrections, 31.1 or in any case by some other suitable and consenting person. No 31.2 intermediate sanction may be ordered performed at a location 31.3 that fails to observe applicable requirements or standards of 31.4 chapter 181A or 182, or any rule promulgated under them. 31.5 (b) For purposes of this subdivision, subdivision 6, and 31.6 section 609.14, the term "intermediate sanctions" includes but 31.7 is not limited to incarceration in a local jail or workhouse, 31.8 home detention, electronic monitoring, intensive probation, 31.9 sentencing to service, reporting to a day reporting center, 31.10 chemical dependency or mental health treatment or counseling, 31.11 restitution, fines, day-fines, community work service, work 31.12 service in a restorative justice program, work in lieu of or to 31.13 work off fines and, with the victim's consent, work in lieu of 31.14 or to work off restitution. 31.15 (c) A court may not stay the revocation of the driver's 31.16 license of a person convicted of violating the provisions of 31.17 section 169.121. 31.18 Sec. 6. Minnesota Statutes 1996, section 609.135, is 31.19 amended by adding a subdivision to read: 31.20 Subd. 2a. [TOLLING OF STAY OF SENTENCE.] (a) When a court: 31.21 (1) sentences a defendant to serve an executed felony 31.22 sentence consecutively to a stayed felony sentence; or 31.23 (2) sentences a defendant to multiple, consecutive, stayed 31.24 felony sentences and subsequently revokes one of the stays of 31.25 sentence under section 609.14; 31.26 the running of the stay of sentence of the unexecuted sentence 31.27 shall be tolled while the defendant serves the executed 31.28 sentence. The running of the stay of sentence shall recommence 31.29 when the defendant is discharged from the executed sentence. 31.30 (b) The defendant is not entitled to credit against the 31.31 stayed sentence for time served in confinement during the 31.32 consecutive executed sentence. 31.33 Sec. 7. Minnesota Statutes 1996, section 609.135, 31.34 subdivision 7, is amended to read: 31.35 Subd. 7. [DEMAND OF EXECUTION OF SENTENCE.] An offender 31.36 may not demand execution of sentence in lieu of a stay of 32.1 imposition or execution of sentence if the offender will serve32.2 less than nine months at the state institution. This32.3 subdivision does not apply to an offender who will be serving32.4 the sentence consecutively or concurrently with a previously32.5 imposed executed felony sentenceor in lieu of the tolling of a 32.6 stay of sentence under subdivision 2a. 32.7 Sec. 8. Minnesota Statutes 1996, section 609.15, 32.8 subdivision 1, is amended to read: 32.9 Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; 32.10 SPECIFICATION REQUIREMENT.] (a) When separate sentences of 32.11 imprisonment are imposed on a defendant for two or more crimes, 32.12 whether charged in a single indictment or information or 32.13 separately, or when a person who is under sentence of 32.14 imprisonment in this state is being sentenced to imprisonment 32.15 for another crime committed prior to or while subject to such 32.16 former sentence, the court in the later sentences shall specify 32.17 whether the sentences shall run concurrently or consecutively. 32.18 If the court does not so specify, the sentences shall run 32.19 concurrently. 32.20 (b) When a court imposes sentence for a misdemeanor or 32.21 gross misdemeanor offense, and specifies that the sentence shall 32.22 run consecutively to any other sentence, the court may order the 32.23 defendant to serve time in custody for the consecutive sentence 32.24 in addition to any time in custody the defendant may be serving 32.25 for any other offense, including probationary jail time or 32.26 imprisonment for any felony offense. 32.27 Sec. 9. [609.153] [INCREASED PENALTIES FOR CERTAIN 32.28 MISDEMEANORS.] 32.29 Subdivision 1. [APPLICATION.] This section applies to the 32.30 following misdemeanor-level crimes: sections 609.324 32.31 (prostitution); 609.546 (motor vehicle tampering); 609.595 32.32 (damage to property); and 609.66 (dangerous weapons); and 32.33 violations of local ordinances in cities of the first class 32.34 prohibiting the unlawful sale or possession of controlled 32.35 substances. 32.36 Subd. 2. [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 33.1 the Rules of Criminal Procedure, a peace officer acting without 33.2 a warrant who has decided to proceed with the prosecution of a 33.3 person for committing a crime described in subdivision 1, may 33.4 arrest and take the person into custody if the officer has 33.5 reason to believe the person has a prior conviction for any 33.6 crime described in subdivision 1. 33.7 Subd. 3. [INCREASED PENALTY.] Notwithstanding the 33.8 statutory maximum penalty otherwise applicable to the offense, a 33.9 person who commits a misdemeanor-level crime described in 33.10 subdivision 1 is guilty of a gross misdemeanor if the court 33.11 determines at the time of sentencing that the person has two or 33.12 more prior convictions in this or any other state for any of the 33.13 crimes described in subdivision 1. 33.14 Subd. 4. [NOTICE TO COMPLAINING WITNESS.] A prosecuting 33.15 authority who is responsible for filing charges against or 33.16 prosecuting a person arrested under the circumstances described 33.17 in subdivision 2 shall make reasonable efforts to notify the 33.18 complaining witness of the final outcome of the criminal 33.19 proceeding that resulted from the arrest including, where 33.20 appropriate, the decision to dismiss or not file charges against 33.21 the arrested person. 33.22 Sec. 10. Minnesota Statutes 1996, section 609.221, is 33.23 amended to read: 33.24 609.221 [ASSAULT IN THE FIRST DEGREE.] 33.25 Subdivision 1. [GREAT BODILY HARM.] Whoever assaults 33.26 another and inflicts great bodily harm may be sentenced to 33.27 imprisonment for not more than 20 years or to payment of a fine 33.28 of not more than $30,000, or both. 33.29 Subd. 2. [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR 33.30 CORRECTIONAL EMPLOYEE.] (a) Notwithstanding the provisions of 33.31 sections 609.11 and 609.135, whoever assaults a peace officer or 33.32 an employee of a correctional facility, as defined in section 33.33 241.021, by using or attempting to use deadly force against the 33.34 officer or employee while the officer or employee is engaged in 33.35 the performance of a duty imposed by law, policy, or rule, shall 33.36 be sentenced to imprisonment for not less than ten years nor 34.1 more than 20 years and, in addition, may be sentenced to payment 34.2 of a fine of not more than $30,000. 34.3 (b) As used in this subdivision: 34.4 (1) "deadly force" has the meaning given in section 34.5 609.066, subdivision 1; and 34.6 (2) "peace officer" has the meaning given in section 34.7 626.84, subdivision 1. 34.8 Sec. 11. Minnesota Statutes 1996, section 609.2231, is 34.9 amended by adding a subdivision to read: 34.10 Subd. 7. [DEPARTMENT OF HUMAN SERVICE EMPLOYEES.] An 34.11 assault committed against an employee of the department of human 34.12 services is a gross misdemeanor when: 34.13 (1) the assault is committed while the employee is engaged 34.14 in the performance of a duty mandated by law, court order, or 34.15 ordinance; 34.16 (2) the assailant knows the victim is an employee of the 34.17 department of human services engaged in the performance of 34.18 official public duties; 34.19 (3) the assault results in demonstrable bodily harm; and 34.20 (4) the assailant is under commitment or being evaluated 34.21 for commitment as: 34.22 (a) a person mentally ill and dangerous to the public as 34.23 defined in section 253B.02, subdivision 17; 34.24 (b) a sexual psychopathic personality as defined in section 34.25 253B.02, subdivision 18a; or 34.26 (c) a sexually dangerous person as defined in section 34.27 253B.02, subdivision 18b. 34.28 Sec. 12. Minnesota Statutes 1996, section 609.2245, 34.29 subdivision 2, is amended to read: 34.30 Subd. 2. [PERMITTED ACTIVITIES.] A surgical procedure is 34.31 not a violation of subdivision 1 if the procedure: 34.32 (1) is necessary to the health of the person on whom it is 34.33 performed and is performed by: (i) a physician licensed under 34.34 chapter 147 or; (ii) a physician in training under the 34.35 supervision of a licensed physician; or (iii) a certified nurse 34.36 midwife practicing within the nurse midwife's legal scope of 35.1 practice; or 35.2 (2) is performed on a person who is in labor or who has 35.3 just given birth and is performed for medical purposes connected 35.4 with that labor or birth: (i) by a physician licensed under 35.5 chapter 147 or; (ii) a physician in training under the 35.6 supervision of a licensed physician; or (iii) a certified nurse 35.7 midwife practicing within the nurse midwife's legal scope of 35.8 practice. 35.9 Sec. 13. [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; 35.10 ELDERLY OR HANDICAPPED VICTIMS.] 35.11 Subdivision 1. [DEFINITIONS.] As used in this section: 35.12 (1) "charitable solicitation law violation" means a 35.13 violation of sections 309.50 to 309.61; 35.14 (2) "consumer fraud law violation" means a violation of 35.15 sections 325F.68 to 325F.70; 35.16 (3) "deceptive trade practices law violation" means a 35.17 violation of sections 325D.43 to 325D.48; 35.18 (4) "false advertising law violation" means a violation of 35.19 section 325F.67; 35.20 (5) "handicapped person" means a person who has an 35.21 impairment of physical or mental function or emotional status 35.22 that substantially limits one or more major life activities; 35.23 (6) "major life activities" means functions such as caring 35.24 for oneself, performing manual tasks, walking, seeing, hearing, 35.25 speaking, breathing, learning, and working; and 35.26 (7) "senior citizen" means a person who is 62 years of age 35.27 or older. 35.28 Subd. 2. [CRIME.] It is a gross misdemeanor for any person 35.29 to commit a charitable solicitation law violation, a consumer 35.30 fraud law violation, a deceptive trade practices law violation, 35.31 or a false advertising law violation if the person knows or has 35.32 reason to know that the person's conduct: 35.33 (1) is directed at one or more handicapped persons or 35.34 senior citizens; and 35.35 (2) will cause or is likely to cause a handicapped person 35.36 or a senior citizen to suffer loss or encumbrance of a primary 36.1 residence, principal employment or other major source of income, 36.2 substantial loss of property set aside for retirement or for 36.3 personal or family care and maintenance, substantial loss of 36.4 pension, retirement plan, or government benefits, or substantial 36.5 loss of other assets essential to the victim's health or welfare. 36.6 Subd. 3. [PROSECUTORIAL JURISDICTION.] The attorney 36.7 general has statewide jurisdiction to prosecute violations of 36.8 this section. This jurisdiction is concurrent with that of the 36.9 local prosecuting authority responsible for prosecuting gross 36.10 misdemeanors in the place where the violation was committed. 36.11 Sec. 14. Minnesota Statutes 1996, section 609.487, 36.12 subdivision 3, is amended to read: 36.13 Subd. 3. [FLEEING AN OFFICER.] Whoever by means of a motor 36.14 vehicle flees or attempts to flee a peace officer who is acting 36.15 in the lawful discharge of an official duty, and the perpetrator 36.16 knows or should reasonably know the same to be a peace 36.17 officer, may be sentenced to imprisonment for not more than one36.18 year or to payment of a fine of not more than $3,000, or both.36.19 Whoever violates this subdivision a second or subsequent timeis 36.20 guilty of a felony and may be sentenced to imprisonment for not 36.21 more than one yearthree years and one day or to payment of a 36.22 fine of not more than $3,000$5,000, or both. 36.23 Sec. 15. Minnesota Statutes 1996, section 609.495, 36.24 subdivision 1, is amended to read: 36.25 Subdivision 1. (a) Whoever harbors, conceals, or aids 36.26 another known by the actor to have committed a felony under the 36.27 laws of this or another state or of the United States with 36.28 intent that such offender shall avoid or escape from arrest, 36.29 trial, conviction, or punishment, may be sentenced to 36.30 imprisonment for not more than three years or to payment of a 36.31 fine of not more than $5,000, or both. 36.32 (b) Whoever knowingly harbors, conceals, or aids a person 36.33 who is on probation, parole, or supervised release because of a 36.34 felony level conviction and for whom an arrest and detention 36.35 order has been issued, with intent that the person evade or 36.36 escape being taken into custody under the order, may be 37.1 sentenced to imprisonment for not more than three years or to 37.2 payment of a fine of not more than $5,000, or both. As used in 37.3 this paragraph, "arrest and detention order" means a written 37.4 order to take and detain a probationer, parolee, or supervised 37.5 releasee that is issued under section 243.05, subdivision 1; 37.6 260.311, subdivision 3a; or 401.02, subdivision 4. 37.7 Sec. 16. Minnesota Statutes 1996, section 609.498, is 37.8 amended by adding a subdivision to read: 37.9 Subd. 1b. [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) 37.10 A person is guilty of aggravated first-degree witness tampering 37.11 if the person causes or, by means of an implicit or explicit 37.12 credible threat, threatens to cause great bodily harm or death 37.13 to another in the course of committing any of the following acts 37.14 intentionally: 37.15 (1) preventing or dissuading or attempting to prevent or 37.16 dissuade a person who is or may become a witness from attending 37.17 or testifying at any criminal trial or proceeding; 37.18 (2) coercing or attempting to coerce a person who is or may 37.19 become a witness to testify falsely at any criminal trial or 37.20 proceeding; 37.21 (3) retaliating against a person who was summoned as a 37.22 witness at any criminal trial or proceeding within a year 37.23 following that trial or proceeding or within a year following 37.24 the actor's release from incarceration, whichever is later; 37.25 (4) preventing or dissuading or attempting to prevent or 37.26 dissuade a person from providing information to law enforcement 37.27 authorities concerning a crime; 37.28 (5) coercing or attempting to coerce a person to provide 37.29 false information concerning a crime to law enforcement 37.30 authorities; or 37.31 (6) retaliating against any person who has provided 37.32 information to law enforcement authorities concerning a crime 37.33 within a year of that person providing the information or within 37.34 a year of the actor's release from incarceration, whichever is 37.35 later. 37.36 (b) A person convicted of committing any act prohibited by 38.1 paragraph (a) may be sentenced as follows: 38.2 (1) if the crime that was the subject of the witness 38.3 tampering conduct is ranked at severity level VII or higher by 38.4 the sentencing guidelines or is punishable by a mandatory prison 38.5 sentence, to imprisonment for not more than 20 years or to 38.6 payment of a fine of not more than $30,000, or both; 38.7 (2) otherwise, to imprisonment for not more than ten years 38.8 or to payment of a fine of not more than $20,000, or both. 38.9 Sec. 17. Minnesota Statutes 1996, section 609.498, is 38.10 amended by adding a subdivision to read: 38.11 Subd. 4. [NO BAR TO CONVICTION.] Notwithstanding sections 38.12 609.035 or 609.04, a prosecution for or conviction of the crime 38.13 of aggravated first-degree witness tampering is not a bar to 38.14 conviction of or punishment for any other crime. 38.15 Sec. 18. Minnesota Statutes 1996, section 609.52, 38.16 subdivision 2, is amended to read: 38.17 Subd. 2. [ACTS CONSTITUTING THEFT.] (a) Whoever does any 38.18 of the following commits theft and may be sentenced as provided 38.19 in subdivision 3: 38.20 (1) intentionally and without claim of right takes, uses, 38.21 transfers, conceals or retains possession of movable property of 38.22 another without the other's consent and with intent to deprive 38.23 the owner permanently of possession of the property; or 38.24 (2) having a legal interest in movable property, 38.25 intentionally and without consent, takes the property out of the 38.26 possession of a pledgee or other person having a superior right 38.27 of possession, with intent thereby to deprive the pledgee or 38.28 other person permanently of the possession of the property; or 38.29 (3) obtains for the actor or another the possession, 38.30 custody, or title to property of or performance of services by a 38.31 third person by intentionally deceiving the third person with a 38.32 false representation which is known to be false, made with 38.33 intent to defraud, and which does defraud the person to whom it 38.34 is made. "False representation" includes without limitation: 38.35 (a)(i) the issuance of a check, draft, or order for the 38.36 payment of money, except a forged check as defined in section 39.1 609.631, or the delivery of property knowing that the actor is 39.2 not entitled to draw upon the drawee therefor or to order the 39.3 payment or delivery thereof; or 39.4 (b)(ii) a promise made with intent not to perform. 39.5 Failure to perform is not evidence of intent not to perform 39.6 unless corroborated by other substantial evidence; or 39.7 (c)(iii) the preparation or filing of a claim for 39.8 reimbursement, a rate application, or a cost report used to 39.9 establish a rate or claim for payment for medical care provided 39.10 to a recipient of medical assistance under chapter 256B, which 39.11 intentionally and falsely states the costs of or actual services 39.12 provided by a vendor of medical care; or 39.13 (d)(iv) the preparation or filing of a claim for 39.14 reimbursement for providing treatment or supplies required to be 39.15 furnished to an employee under section 176.135 which 39.16 intentionally and falsely states the costs of or actual 39.17 treatment or supplies provided; or 39.18 (e)(v) the preparation or filing of a claim for 39.19 reimbursement for providing treatment or supplies required to be 39.20 furnished to an employee under section 176.135 for treatment or 39.21 supplies that the provider knew were medically unnecessary, 39.22 inappropriate, or excessive; or 39.23 (4) by swindling, whether by artifice, trick, device, or 39.24 any other means, obtains property or services from another 39.25 person; or 39.26 (5) intentionally commits any of the acts listed in this 39.27 subdivision but with intent to exercise temporary control only 39.28 and: 39.29 (a)(i) the control exercised manifests an indifference to 39.30 the rights of the owner or the restoration of the property to 39.31 the owner; or 39.32 (b)(ii) the actor pledges or otherwise attempts to subject 39.33 the property to an adverse claim; or 39.34 (c)(iii) the actor intends to restore the property only on 39.35 condition that the owner pay a reward or buy back or make other 39.36 compensation; or 40.1 (6) finds lost property and, knowing or having reasonable 40.2 means of ascertaining the true owner, appropriates it to the 40.3 finder's own use or to that of another not entitled thereto 40.4 without first having made reasonable effort to find the owner 40.5 and offer and surrender the property to the owner; or 40.6 (7) intentionally obtains property or services, offered 40.7 upon the deposit of a sum of money or tokens in a coin or token 40.8 operated machine or other receptacle, without making the 40.9 required deposit or otherwise obtaining the consent of the 40.10 owner; or 40.11 (8) intentionally and without claim of right converts any 40.12 article representing a trade secret, knowing it to be such, to 40.13 the actor's own use or that of another person or makes a copy of 40.14 an article representing a trade secret, knowing it to be such, 40.15 and intentionally and without claim of right converts the same 40.16 to the actor's own use or that of another person. It shall be a 40.17 complete defense to any prosecution under this clause for the 40.18 defendant to show that information comprising the trade secret 40.19 was rightfully known or available to the defendant from a source 40.20 other than the owner of the trade secret; or 40.21 (9) leases or rents personal property under a written 40.22 instrument and who with intent to place the property beyond the 40.23 control of the lessor conceals or aids or abets the concealment 40.24 of the property or any part thereof, or any lessee of the 40.25 property who sells, conveys, or encumbers the property or any 40.26 part thereof without the written consent of the lessor, without 40.27 informing the person to whom the lessee sells, conveys, or 40.28 encumbers that the same is subject to such lease and with intent 40.29 to deprive the lessor of possession thereof. Evidence that a 40.30 lessee used a false or fictitious name or address in obtaining 40.31 the property or fails or refuses to return the property to 40.32 lessor within five days after written demand for the return has 40.33 been served personally in the manner provided for service of 40.34 process of a civil action or sent by certified mail to the last 40.35 known address of the lessee, whichever shall occur later, shall 40.36 be evidence of intent to violate this clause. Service by 41.1 certified mail shall be deemed to be complete upon deposit in 41.2 the United States mail of such demand, postpaid and addressed to 41.3 the person at the address for the person set forth in the lease 41.4 or rental agreement, or, in the absence of the address, to the 41.5 person's last known place of residence; or 41.6 (10) alters, removes, or obliterates numbers or symbols 41.7 placed on movable property for purpose of identification by the 41.8 owner or person who has legal custody or right to possession 41.9 thereof with the intent to prevent identification, if the person 41.10 who alters, removes, or obliterates the numbers or symbols is 41.11 not the owner and does not have the permission of the owner to 41.12 make the alteration, removal, or obliteration; or 41.13 (11) with the intent to prevent the identification of 41.14 property involved, so as to deprive the rightful owner of 41.15 possession thereof, alters or removes any permanent serial 41.16 number, permanent distinguishing number or manufacturer's 41.17 identification number on personal property or possesses, sells 41.18 or buys any personal property knowing or having reason to know 41.19 that the permanent serial number, permanent distinguishing 41.20 number or manufacturer's identification number has been removed 41.21 or altered; or 41.22 (12) intentionally deprives another of a lawful charge for 41.23 cable television service by: 41.24 (i) making or using or attempting to make or use an 41.25 unauthorized external connection outside the individual dwelling 41.26 unit whether physical, electrical, acoustical, inductive, or 41.27 other connection, or by 41.28 (ii) attaching any unauthorized device to any cable, wire, 41.29 microwave, or other component of a licensed cable communications 41.30 system as defined in chapter 238. Nothing herein shall be 41.31 construed to prohibit the electronic video rerecording of 41.32 program material transmitted on the cable communications system 41.33 by a subscriber for fair use as defined by Public Law Number 41.34 94-553, section 107; or 41.35 (13) except as provided in paragraphs (12) and (14), 41.36 obtains the services of another with the intention of receiving 42.1 those services without making the agreed or reasonably expected 42.2 payment of money or other consideration; or 42.3 (14) intentionally deprives another of a lawful charge for 42.4 telecommunications service by: 42.5 (i) making, using, or attempting to make or use an 42.6 unauthorized connection whether physical, electrical, by wire, 42.7 microwave, radio, or other means to a component of a local 42.8 telecommunication system as provided in chapter 237; or 42.9 (ii) attaching an unauthorized device to a cable, wire, 42.10 microwave, radio, or other component of a local 42.11 telecommunication system as provided in chapter 237. 42.12 The existence of an unauthorized connection is prima facie 42.13 evidence that the occupier of the premises: 42.14 (i) made or was aware of the connection; and 42.15 (ii) was aware that the connection was unauthorized; or 42.16 (15) with intent to defraud, diverts corporate property 42.17 other than in accordance with general business purposes or for 42.18 purposes other than those specified in the corporation's 42.19 articles of incorporation; or 42.20 (16) with intent to defraud, authorizes or causes a 42.21 corporation to make a distribution in violation of section 42.22 302A.551, or any other state law in conformity with it; or 42.23 (17) intentionally takes or drives a motor vehicle without42.24 the consent of the owner or an authorized agent of the42.25 ownerwhich the actor does not own or did not lease or rent. 42.26 (b) It is an affirmative defense to a violation of 42.27 paragraph (a), clause (17), if the defendant proves by a 42.28 preponderance of the evidence that the defendant took or drove 42.29 the motor vehicle with the consent of the owner or an authorized 42.30 agent of the owner. 42.31 Sec. 19. Minnesota Statutes 1996, section 609.749, 42.32 subdivision 1, is amended to read: 42.33 Subdivision 1. [DEFINITION.] As used in this section, 42.34 "harass" means to engage in intentional conduct in a manner that42.35 which: 42.36 (1) the actor knows or should know would cause a reasonable43.1 personthe victim under the circumstances to feel frightened, 43.2 threatened, oppressed, persecuted, or intimidated; and 43.3 (2) causes this reaction on the part of the victim. 43.4 Sec. 20. Minnesota Statutes 1996, section 609.749, is 43.5 amended by adding a subdivision to read: 43.6 Subd. 1a. [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a 43.7 prosecution under this section, the state is not required to 43.8 prove that the actor intended to cause the victim to feel 43.9 frightened, threatened, oppressed, persecuted, or intimidated, 43.10 or except as otherwise provided in subdivision 3, clause (4), 43.11 that the actor intended to cause any other result. 43.12 Sec. 21. Minnesota Statutes 1996, section 609.749, 43.13 subdivision 2, is amended to read: 43.14 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 43.15 who harasses another by committing any of the following acts is 43.16 guilty of a gross misdemeanor: 43.17 (1) directly or indirectly manifests a purpose or intent to 43.18 injure the person, property, or rights of another by the 43.19 commission of an unlawful act; 43.20 (2) stalks, follows, or pursues another; 43.21 (3) returns to the property of another if the actor is 43.22 without claim of right to the property or consent of one with 43.23 authority to consent; 43.24 (4) repeatedly makes telephone calls, or induces a victim 43.25 to make telephone calls to the actor, whether or not 43.26 conversation ensues; 43.27 (5) makes or causes the telephone of another repeatedly or 43.28 continuously to ring; 43.29 (6) repeatedly uses the mailmails or delivers or causes 43.30 the delivery of letters, telegrams, messages, packages, or other 43.31 objects; or 43.32 (7) engages in any other harassing conduct that interferes 43.33 with another person or intrudes on the person's privacy or 43.34 liberty. 43.35 (b) The conduct described in paragraph (a), clauses (4) and 43.36 (5) may be prosecuted eitherat the place where theany call is 44.1 either made or where it isreceived. The conduct described 44.2 in paragraph (a), clause (6) may be prosecuted eitherwhere the44.3 mail is deposited or where it isany letter, telegram, message, 44.4 package, or other object is either sent or received. 44.5 Sec. 22. Minnesota Statutes 1996, section 609.749, 44.6 subdivision 5, is amended to read: 44.7 Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who 44.8 engages in a pattern of harassing conduct with respect to a 44.9 single victim or one or more members of a single household in a44.10 manner thatwhich the actor knows or should know would cause a44.11 reasonable personthe victim under the circumstances to feel 44.12 terrorized or to fear bodily harm and thatwhich does cause this 44.13 reaction on the part of the victim, is guilty of a felony and 44.14 may be sentenced to imprisonment for not more than ten years or 44.15 to payment of a fine of not more than $20,000, or both. 44.16 (b) For purposes of this subdivision, a "pattern of 44.17 harassing conduct" means two or more acts within a five-year 44.18 period that violate the provisions of any of the following: 44.19 (1) this section; 44.20 (2) section 609.713; 44.21 (3) section 609.224; 44.22 (4) section 609.2242; 44.23 (5) section 518B.01, subdivision 14; 44.24 (6) section 609.748, subdivision 6; 44.25 (7) section 609.605, subdivision 1, paragraph (b), clauses 44.26 (3), (4), and (7); 44.27 (8) section 609.79; 44.28 (9) section 609.795; 44.29 (10) section 609.582; or44.30 (11) section 609.595; or 44.31 (12) section 609.765. 44.32 Sec. 23. Minnesota Statutes 1996, section 609.78, is 44.33 amended to read: 44.34 609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.] 44.35 Subdivision 1. [MISDEMEANOR OFFENSES.] Whoever does the 44.36 following is guilty of a misdemeanor: 45.1 (1) Refuses to relinquish immediately a coin-operated 45.2 telephone or a telephone line consisting of two or more stations 45.3 when informed that the line is needed to make an emergency call 45.4 for medical or ambulance service or for assistance from a police 45.5 or fire department or for other service needed in an emergency 45.6 to avoid serious harm to person or property, and an emergency 45.7 exists; 45.8 (2) Secures a relinquishment of a coin-operated telephone 45.9 or a telephone line consisting of two or more stations by 45.10 falsely stating that the line is needed for an emergency; 45.11 (3) Publishes telephone directories to be used for 45.12 telephones or telephone lines and the directories do not contain 45.13 a copy of this section; 45.14 (4) Makes an emergency call for medical or ambulance 45.15 service, knowing that no medical emergency exists; or 45.16 (5) Interrupts, disrupts, impedes, or otherwise interferes 45.17 with the transmission of a citizen's band radio channel 45.18 communication the purpose of which is to inform or inquire about 45.19 a medical emergency or an emergency in which property is or is 45.20 reasonably believed to be in imminent danger of damage or 45.21 destruction. 45.22 Subd. 2. [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR 45.23 OFFENSE.] A person who intentionally interrupts, disrupts, 45.24 impedes, or otherwise interferes with a 911 call or who prevents 45.25 or hinders another from placing a 911 call, and whose conduct 45.26 does not result in a violation of section 609.498, is guilty of 45.27 a gross misdemeanor and may be sentenced to imprisonment for not 45.28 more than one year or to payment of a fine of not more than 45.29 $3,000, or both. 45.30 Sec. 24. Minnesota Statutes 1996, section 631.07, is 45.31 amended to read: 45.32 631.07 [ORDER OF FINAL ARGUMENT.] 45.33 When the giving of evidence is concluded in a criminal 45.34 trial, unless the case is submitted on both sides without 45.35 argument, the prosecution may make a closing argument to the 45.36 jury. The defense may then make its closing argument to the 46.1 jury. On the motion of the prosecution, the court may permit46.2 the prosecution to reply in rebuttal if the court determines46.3 that the defense has made in its closing argument a misstatement46.4 of law or fact or a statement that is inflammatory or46.5 prejudicial. The rebuttal must be limited to a direct response46.6 to the misstatement of law or fact or the inflammatory or46.7 prejudicial statement.The prosecutor may then reply in 46.8 rebuttal to the issues raised in the defendant's argument, 46.9 limited in time to five minutes. If the prosecutor replies in 46.10 rebuttal, the defense may then reply in surrebuttal to the 46.11 issues raised in the prosecution's rebuttal, limited in time to 46.12 five minutes. The court in its discretion may reasonably 46.13 equally extend the time of the prosecutor's or the defense's 46.14 rebuttal arguments. 46.15 Sec. 25. [RULE SUPERSEDED.] 46.16 Minnesota Rules of Criminal Procedure, rule 26.03, 46.17 subdivision 11, is superseded to the extent it conflicts with 46.18 Minnesota Statutes, section 631.07. 46.19 Sec. 26. [SENTENCING GUIDELINES MODIFICATION.] 46.20 The sentencing guidelines commission shall modify 46.21 sentencing guideline II.F. to permit courts to impose 46.22 consecutive sentences in any case in which: 46.23 (1) the defendant is sentenced for multiple current felony 46.24 offenses and the court stays imposition or execution of sentence 46.25 for all but one of the offenses; or 46.26 (2) the defendant, at the time of sentencing, is subject to 46.27 a prior felony sentence, the imposition or execution of which 46.28 was stayed. 46.29 A consecutive sentence imposed under this section is not a 46.30 departure from the sentencing guidelines. 46.31 Sec. 27. [SENTENCING GUIDELINES DIRECTIVE.] 46.32 The sentencing guidelines commission shall rank aggravated 46.33 first-degree witness tampering crimes that are subject to the 46.34 sentence provided in Minnesota Statutes, section 609.498, 46.35 subdivision 1b, paragraph (b), clause (1), at severity level 46.36 VIII. The commission also shall classify this crime as a crime 47.1 against the person for purposes of the sentencing guidelines. 47.2 Sec. 28. [COST OF CRIME STUDY.] 47.3 The legislative audit commission is requested to direct the 47.4 legislative auditor to conduct a study of the costs that 47.5 criminal activity places on the state and local communities. 47.6 The study shall include not only the direct costs to state and 47.7 local governments of responding to, prosecuting, and punishing 47.8 criminal offenders, but also the indirect economic and social 47.9 costs that criminal activity places on local communities and 47.10 their residents. 47.11 If the commission directs the auditor to conduct this 47.12 study, the auditor shall report findings to the chairs of the 47.13 senate crime prevention and house judiciary committees by 47.14 February 15, 1998. 47.15 Sec. 29. [EFFECTIVE DATE.] 47.16 Section 2 is effective the day after final enactment. 47.17 Sections 19 to 22 are effective the day following final 47.18 enactment and apply to crimes committed on or after that date. 47.19 Sections 1, 3 to 5, 8 to 18, 23, and 27 are effective August 1, 47.20 1997, and apply to crimes committed on or after that date. 47.21 ARTICLE 4 47.22 CONTROLLED SUBSTANCES 47.23 Section 1. Minnesota Statutes 1996, section 151.40, is 47.24 amended to read: 47.25 151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND 47.26 NEEDLES.] 47.27 Subdivision 1. [GENERALLY.] Except as otherwise provided 47.28 in subdivision 2, it shall beis unlawful for any person to 47.29 possess, control, manufacture, sell, furnish, dispense, or 47.30 otherwise dispose of hypodermic syringes or needles or any 47.31 instrument or implement which can be adapted for subcutaneous 47.32 injections, except by the following persons when acting in the 47.33 course of their practice or employment: licensed practitioners, 47.34 registered pharmacies and their employees or agents, licensed 47.35 pharmacists, licensed doctors of veterinary medicine or their 47.36 assistants, registered nurses, registered medical technologists, 48.1 medical interns, licensed drug wholesalers, their employees or 48.2 agents, licensed hospitals, licensed nursing homes, bona fide 48.3 hospitals where animals are treated, licensed morticians, 48.4 syringe and needle manufacturers, their dealers and agents, 48.5 persons engaged in animal husbandry, clinical laboratories, 48.6 persons engaged in bona fide research or education or industrial 48.7 use of hypodermic syringes and needles provided such persons 48.8 cannot use hypodermic syringes and needles for the 48.9 administration of drugs to human beings unless such drugs are 48.10 prescribed, dispensed, and administered by a person lawfully 48.11 authorized to do so, persons who administer drugs pursuant to an 48.12 order or direction of a licensed doctor of medicine or of a 48.13 licensed doctor of osteopathy duly licensed to practice medicine. 48.14 Subd. 2. [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND 48.15 SYRINGES.] (a) A registered pharmacy or its agent or a licensed 48.16 pharmacist may sell, without a prescription, unused hypodermic 48.17 needles and syringes in quantities of ten or fewer, provided 48.18 that the pharmacy or pharmacist complies with all of the 48.19 requirements of this subdivision. 48.20 (b) At any location where hypodermic needles and syringes 48.21 are kept for retail sale under this subdivision, the needles and 48.22 syringes shall be stored in a manner that makes them available 48.23 only to authorized personnel and not openly available to 48.24 customers. 48.25 (c) No registered pharmacy or licensed pharmacist may 48.26 advertise to the public the availability for retail sale, 48.27 without a prescription, of hypodermic needles or syringes in 48.28 quantities of ten or fewer. 48.29 (d) A registered pharmacy or licensed pharmacist that sells 48.30 hypodermic needles or syringes under this section may give the 48.31 purchaser the materials developed by the commissioner of health. 48.32 Sec. 2. Minnesota Statutes 1996, section 152.01, 48.33 subdivision 18, is amended to read: 48.34 Subd. 18. [DRUG PARAPHERNALIA.] (a) Except as otherwise 48.35 provided in paragraph (b), "drug paraphernalia" means all 48.36 equipment, products, and materials of any kind, except those 49.1 items used in conjunction with permitted uses of controlled 49.2 substances under this chapter or the Uniform Controlled 49.3 Substances Act, which are knowingly or intentionally used 49.4 primarily in (1) manufacturing a controlled substance, (2) 49.5 injecting, ingesting, inhaling, or otherwise introducing into 49.6 the human body a controlled substance, (3) testing the strength, 49.7 effectiveness, or purity of a controlled substance, or (4) 49.8 enhancing the effect of a controlled substance. 49.9 (b) "Drug paraphernalia" does not include the possession, 49.10 manufacture, delivery, or sale of unused hypodermic needles or 49.11 syringes in quantities of ten or fewer in accordance with 49.12 section 151.40, subdivision 2. 49.13 Sec. 3. Minnesota Statutes 1996, section 152.01, is 49.14 amended by adding a subdivision to read: 49.15 Subd. 22. [DRUG TREATMENT FACILITY ZONE.] "Drug treatment 49.16 facility zone" means any facility in which a residential 49.17 rehabilitation program licensed under Minnesota Rules, parts 49.18 9530.4100 to 9530.4450, is located, plus the area within 300 49.19 feet of the facility's property boundary or one city block, 49.20 whichever distance is greater. 49.21 Sec. 4. Minnesota Statutes 1996, section 152.02, 49.22 subdivision 2, is amended to read: 49.23 Subd. 2. The following items are listed in Schedule I: 49.24 (1) Any of the following substances, including their 49.25 isomers, esters, ethers, salts, and salts of isomers, esters, 49.26 and ethers, unless specifically excepted, whenever the existence 49.27 of such isomers, esters, ethers and salts is possible within the 49.28 specific chemical designation: Acetylmethadol; Allylprodine; 49.29 Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 49.30 Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 49.31 Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 49.32 Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 49.33 Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 49.34 Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 49.35 Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 49.36 Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 50.1 Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 50.2 Piritramide; Proheptazine; Properidine; Racemoramide; 50.3 Trimeperidine. 50.4 (2) Any of the following opium derivatives, their salts, 50.5 isomers and salts of isomers, unless specifically excepted, 50.6 whenever the existence of such salts, isomers and salts of 50.7 isomers is possible within the specific chemical designation: 50.8 Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 50.9 Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 50.10 Desomorphine; Dihydromorphine; Etorphine; Heroin; 50.11 Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 50.12 methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 50.13 Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 50.14 Thebacon. 50.15 (3) Any material, compound, mixture or preparation which 50.16 contains any quantity of the following hallucinogenic 50.17 substances, their salts, isomers and salts of isomers, unless 50.18 specifically excepted, whenever the existence of such salts, 50.19 isomers, and salts of isomers is possible within the specific 50.20 chemical designation: 3,4-methylenedioxy amphetamine; 50.21 4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 50.22 4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 50.23 Bufotenine; Diethyltryptamine; Dimethyltryptamine; 50.24 3,4,5-trimethoxy amphetamine; 4-methyl-2, 50.25 5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 50.26 marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 50.27 N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 50.28 Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 50.29 n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 50.30 pyrrolidine. 50.31 (4) Peyote, providing the listing of peyote as a controlled 50.32 substance in schedule I does not apply to the nondrug use of 50.33 peyote in bona fide religious ceremonies of the American Indian 50.34 Church, and members of the American Indian Church are exempt 50.35 from registration. Any person who manufactures peyote for or 50.36 distributes peyote to the American Indian Church, however, is 51.1 required to obtain federal registration annually and to comply 51.2 with all other requirements of law. 51.3 (5) Unless specifically excepted or unless listed in 51.4 another schedule, any material compound, mixture, or preparation 51.5 which contains any quantity of the following substances having a 51.6 depressant effect on the central nervous system, including its 51.7 salts, isomers, and salts of isomers whenever the existence of 51.8 such salts, isomers, and salts of isomers is possible within the 51.9 specific chemical designation: 51.10 Mecloqualone; 51.11 Flunitrazepam. 51.12 (6) Unless specifically excepted or unless listed in 51.13 another schedule, any material compound, mixture, or preparation 51.14 which contains any quantity of the following substances having a 51.15 stimulant effect on the central nervous system, including its 51.16 salts, isomers, and salts of isomers whenever the existence of 51.17 such salts, isomers, and salts of isomers is possible within the 51.18 specific chemical designation: 51.19 Cathinone; 51.20 Methcathinone. 51.21 Sec. 5. Minnesota Statutes 1996, section 152.02, 51.22 subdivision 5, is amended to read: 51.23 Subd. 5. (a) The following items are listed in Schedule IV: 51.24 Anabolic substances; Barbital; Butorphanol; Carisoprodol; 51.25 Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 51.26 Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; 51.27 Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; 51.28 Meprobamate except when in combination with the following drugs 51.29 in the following or lower concentrations: conjugated estrogens, 51.30 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol 51.31 tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; 51.32 Pemoline; Petrichloral; Phenobarbital; andPhentermine; and 51.33 Tramadol. 51.34 (b) For purposes of this subdivision, "anabolic substances" 51.35 means the naturally occurring androgens or derivatives of 51.36 androstane (androsterone and testosterone); testosterone and its 52.1 esters, including, but not limited to, testosterone propionate, 52.2 and its derivatives, including, but not limited to, 52.3 methyltestosterone and growth hormones, except that anabolic 52.4 substances are not included if they are: (1) expressly intended 52.5 for administration through implants to cattle or other nonhuman 52.6 species; and (2) approved by the United States Food and Drug 52.7 Administration for that use. 52.8 Sec. 6. Minnesota Statutes 1996, section 152.021, 52.9 subdivision 1, is amended to read: 52.10 Subdivision 1. [SALE CRIMES.] A person is guilty of 52.11 controlled substance crime in the first degree if: 52.12 (1) on one or more occasions within a 90-day period the 52.13 person unlawfully sells one or more mixtures of a total weight 52.14 of ten grams or more containing cocaine or heroin; 52.15 (2) on one or more occasions within a 90-day period the 52.16 person unlawfully sells one or more mixtures of a total weight 52.17 of 50 grams or more containing a narcotic drug other than 52.18 cocaine or heroin; 52.19 (3) on one or more occasions within a 90-day period the 52.20 person unlawfully sells one or more mixtures of a total weight 52.21 of 50 grams or more containing methamphetamine, amphetamine, 52.22 phencyclidine, or hallucinogen or, if the controlled substance 52.23 is packaged in dosage units, equaling 200 or more dosage units; 52.24 or 52.25 (4) on one or more occasions within a 90-day period the 52.26 person unlawfully sells one or more mixtures of a total weight 52.27 of 50 kilograms or more containing marijuana or 52.28 Tetrahydrocannabinols, or one or more mixtures of a total weight 52.29 of 25 kilograms or more containing marijuana or 52.30 Tetrahydrocannabinols in a school zone, a park zone, a drug 52.31 treatment facility zone, or a public housing zone. 52.32 Sec. 7. Minnesota Statutes 1996, section 152.021, 52.33 subdivision 2, is amended to read: 52.34 Subd. 2. [POSSESSION CRIMES.] A person is guilty of a 52.35 controlled substance crime in the first degree if: 52.36 (1) the person unlawfully possesses one or more mixtures of 53.1 a total weight of 25 grams or more containing cocaine or heroin; 53.2 (2) the person unlawfully possesses one or more mixtures of 53.3 a total weight of 500 grams or more containing a narcotic drug 53.4 other than cocaine or heroin; 53.5 (3) the person unlawfully possesses one or more mixtures of 53.6 a total weight of 500 grams or more containing methamphetamine, 53.7 amphetamine, phencyclidine, or hallucinogen or, if the 53.8 controlled substance is packaged in dosage units, equaling 500 53.9 or more dosage units; or 53.10 (4) the person unlawfully possesses one or more mixtures of 53.11 a total weight of 100 kilograms or more containing marijuana or 53.12 Tetrahydrocannabinols. 53.13 Sec. 8. Minnesota Statutes 1996, section 152.021, 53.14 subdivision 3, is amended to read: 53.15 Subd. 3. [PENALTY.] (a) A person convicted under 53.16 subdivision 1 or 2 may be sentenced to imprisonment for not more 53.17 than 30 years or to payment of a fine of not more than 53.18 $1,000,000, or both. 53.19 (b) If the conviction is a subsequent controlled substance 53.20 conviction, a person convicted under subdivision 1 or 2 shall be 53.21 committed to the commissioner of corrections for not less than 53.22 four years nor more than 40 years and, in addition, may be 53.23 sentenced to payment of a fine of not more than $1,000,000. 53.24 (c) In a prosecution under subdivision 1 or 2 involving 53.25 sales or acts of possession by the same person in twoone or 53.26 more counties within a 90-day180-day period, the amounts sold 53.27 or possessed may be aggregated and the person may be prosecuted 53.28 for all of the salesin any county in which one of the sales or 53.29 acts of possession occurred. 53.30 Sec. 9. Minnesota Statutes 1996, section 152.022, 53.31 subdivision 1, is amended to read: 53.32 Subdivision 1. [SALE CRIMES.] A person is guilty of 53.33 controlled substance crime in the second degree if: 53.34 (1) on one or more occasions within a 90-day period the 53.35 person unlawfully sells one or more mixtures of a total weight 53.36 of three grams or more containing cocaine or heroin; 54.1 (2) on one or more occasions within a 90-day period the 54.2 person unlawfully sells one or more mixtures of a total weight 54.3 of ten grams or more containing a narcotic drug other than 54.4 cocaine or heroin; 54.5 (3) on one or more occasions within a 90-day period the 54.6 person unlawfully sells one or more mixtures of a total weight 54.7 of ten grams or more containing methamphetamine, amphetamine, 54.8 phencyclidine, or hallucinogen or, if the controlled substance 54.9 is packaged in dosage units, equaling 50 or more dosage units; 54.10 (4) on one or more occasions within a 90-day period the 54.11 person unlawfully sells one or more mixtures of a total weight 54.12 of 25 kilograms or more containing marijuana or 54.13 Tetrahydrocannabinols; 54.14 (5) the person unlawfully sells any amount of a schedule I 54.15 or II narcotic drug to a person under the age of 18, or 54.16 conspires with or employs a person under the age of 18 to 54.17 unlawfully sell the substance; or 54.18 (6) the person unlawfully sells any of the following in a 54.19 school zone, a park zone, a drug treatment facility zone, or a 54.20 public housing zone: 54.21 (i) any amount of a schedule I or II narcotic drug, or 54.22 lysergic acid diethylamide (LSD); 54.23 (ii) one or more mixtures containing methamphetamine or 54.24 amphetamine; or 54.25 (iii) one or more mixtures of a total weight of five 54.26 kilograms or more containing marijuana or Tetrahydrocannabinols. 54.27 Sec. 10. Minnesota Statutes 1996, section 152.022, 54.28 subdivision 2, is amended to read: 54.29 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 54.30 controlled substance crime in the second degree if: 54.31 (1) the person unlawfully possesses one or more mixtures of 54.32 a total weight of six grams or more containing cocaine or 54.33 heroin; 54.34 (2) the person unlawfully possesses one or more mixtures of 54.35 a total weight of 50 grams or more containing a narcotic drug 54.36 other than cocaine or heroin; 55.1 (3) the person unlawfully possesses one or more mixtures of 55.2 a total weight of 50 grams or more containing methamphetamine, 55.3 amphetamine, phencyclidine, or hallucinogen or, if the 55.4 controlled substance is packaged in dosage units, equaling 100 55.5 or more dosage units; or 55.6 (4) the person unlawfully possesses one or more mixtures of 55.7 a total weight of 50 kilograms or more containing marijuana or 55.8 Tetrahydrocannabinols. 55.9 Sec. 11. Minnesota Statutes 1996, section 152.022, 55.10 subdivision 3, is amended to read: 55.11 Subd. 3. [PENALTY.] (a) A person convicted under 55.12 subdivision 1 or 2 may be sentenced to imprisonment for not more 55.13 than 25 years or to payment of a fine of not more than $500,000, 55.14 or both. 55.15 (b) If the conviction is a subsequent controlled substance 55.16 conviction, a person convicted under subdivision 1 or 2 shall be 55.17 committed to the commissioner of corrections for not less than 55.18 three years nor more than 40 years and, in addition, may be 55.19 sentenced to payment of a fine of not more than $500,000. 55.20 (c) In a prosecution under subdivision 1 or 2 involving 55.21 sales or acts of possession by the same person in twoone or 55.22 more counties within a 90-day180-day period, the amounts sold 55.23 or possessed may be aggregated and the person may be prosecuted 55.24 for all of the salesin any county in which one of the sales or 55.25 acts of possession occurred. 55.26 Sec. 12. Minnesota Statutes 1996, section 152.023, 55.27 subdivision 2, is amended to read: 55.28 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 55.29 controlled substance crime in the third degree if: 55.30 (1) the person unlawfully possesses one or more mixtures of 55.31 a total weight of three grams or more containing cocaine or 55.32 heroin; 55.33 (2) the person unlawfully possesses one or more mixtures of 55.34 a total weight of ten grams or more containing a narcotic drug 55.35 other than cocaine or heroin; 55.36 (3) the person unlawfully possesses one or more mixtures 56.1 containing a narcotic drug, it is packaged in dosage units, and 56.2 equals 50 or more dosage units; 56.3 (4) the person unlawfully possesses any amount of a 56.4 schedule I or II narcotic drug or five or more dosage units of 56.5 lysergic acid diethylamide (LSD) in a school zone, a park 56.6 zone, a drug treatment facility zone, or a public housing zone; 56.7 (5) the person unlawfully possesses one or more mixtures of 56.8 a total weight of ten kilograms or more containing marijuana or 56.9 Tetrahydrocannabinols; or 56.10 (6) the person unlawfully possesses one or more mixtures 56.11 containing methamphetamine or amphetamine in a school zone, a 56.12 park zone, or a public housing zone. 56.13 Sec. 13. Minnesota Statutes 1996, section 152.023, 56.14 subdivision 3, is amended to read: 56.15 Subd. 3. [PENALTY.] (a) A person convicted under 56.16 subdivision 1 or 2 may be sentenced to imprisonment for not more 56.17 than 20 years or to payment of a fine of not more than $250,000, 56.18 or both. 56.19 (b) If the conviction is a subsequent controlled substance 56.20 conviction, a person convicted under subdivision 1 or 2 shall be 56.21 committed to the commissioner of corrections for not less than 56.22 two years nor more than 30 years and, in addition, may be 56.23 sentenced to payment of a fine of not more than $250,000. 56.24 (c) In a prosecution under subdivision 1 or 2 involving 56.25 sales or acts of possession by the same person in one or more 56.26 counties within a 180-day period, the amounts sold or possessed 56.27 may be aggregated and the person may be prosecuted in any county 56.28 in which one of the sales or acts of possession occurred. 56.29 Sec. 14. Minnesota Statutes 1996, section 152.024, 56.30 subdivision 1, is amended to read: 56.31 Subdivision 1. [SALE CRIMES.] A person is guilty of 56.32 controlled substance crime in the fourth degree if: 56.33 (1) the person unlawfully sells one or more mixtures 56.34 containing a controlled substance classified in schedule I, II, 56.35 or III, except marijuana or Tetrahydrocannabinols; 56.36 (2) the person unlawfully sells one or more mixtures 57.1 containing a controlled substance classified in schedule IV or V 57.2 to a person under the age of 18; 57.3 (3) the person conspires with or employs a person under the 57.4 age of 18 to unlawfully sell a controlled substance classified 57.5 in schedule IV or V; or 57.6 (4) the person unlawfully sells any amount of marijuana or 57.7 Tetrahydrocannabinols in a school zone, a park zone, a drug 57.8 treatment facility zone, or a public housing zone, except a 57.9 small amount for no remuneration. 57.10 Sec. 15. Minnesota Statutes 1996, section 152.029, is 57.11 amended to read: 57.12 152.029 [PUBLIC INFORMATION: SCHOOL ZONES, PARK ZONES, 57.13 DRUG TREATMENT FACILITY ZONES, AND PUBLIC HOUSING ZONES.] 57.14 The attorney general shall disseminate information to the 57.15 public relating to the penalties for committing controlled 57.16 substance crimes in park zones, school zones, drug treatment 57.17 facility zones, and public housing zones. The attorney general 57.18 shall draft a plain language version of sections 152.022 and 57.19 152.023 and relevant provisions of the sentencing guidelines, 57.20 that describes in a clear and coherent manner using words with 57.21 common and everyday meanings the content of those provisions. 57.22 The attorney general shall publicize and disseminate the plain 57.23 language version as widely as practicable, including 57.24 distributing the version to school boards, local governments, 57.25 and administrators and occupants of drug treatment facilities 57.26 and public housing. 57.27 Sec. 16. [EXTENSION OF EXPIRATION DATE.] 57.28 Notwithstanding Minnesota Statutes, section 15.059, the 57.29 advisory council on drug abuse resistance education expires on 57.30 June 30, 1999. 57.31 Sec. 17. [EFFECTIVE DATE.] 57.32 Sections 1 to 15 are effective August 1, 1997, and apply to 57.33 crimes committed on or after that date. Section 16 is effective 57.34 the day following final enactment. 57.35 ARTICLE 5 57.36 SEX OFFENDERS 58.1 Section 1. Minnesota Statutes 1996, section 243.166, 58.2 subdivision 1, is amended to read: 58.3 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 58.4 register under this section if: 58.5 (1) the person was charged with or petitioned for a felony 58.6 violation of or attempt to violate any of the following, and 58.7 convicted of or adjudicated delinquent for that offense or 58.8 another offense arising out of the same set of circumstances: 58.9 (i) murder under section 609.185, clause (2); 58.10 (ii) kidnapping under section 609.25, involving a minor 58.11 victim; or 58.12 (iii) criminal sexual conduct under section 609.342; 58.13 609.343; 609.344; or 609.345; or 58.14 (2) the person was charged with or petitioned for falsely 58.15 imprisoning a minor in violation of section 609.255, or 58.16 soliciting a minor to engage in prostitution in violation of 58.17 section 609.322, 609.323, or 609.324, or soliciting a minor to 58.18 engage in sexual conduct in violation of section 609.352, or 58.19 using a minor in a sexual performance in violation of section 58.20 617.246, or possessing pictorial representations of minors in 58.21 violation of section 617.247, or engaging in indecent exposure 58.22 in violation of section 617.23, subdivision 3, clause (2), and 58.23 convicted of or adjudicated delinquent for that offense or 58.24 another offense arising out of the same set of circumstances; or 58.25 (3) the person was convicted of a predatory crime as 58.26 defined in section 609.1352, and the offender was sentenced as a 58.27 patterned sex offender or the court found on its own motion or 58.28 that of the prosecutor that the crime was part of a predatory 58.29 pattern of behavior that had criminal sexual conduct as its 58.30 goal; or 58.31 (4) the person was convicted of or adjudicated delinquent 58.32 for violating a law of the United States similar to the offenses 58.33 described in clause (1), (2), or (3). 58.34 (b) A person also shall register under this section if: 58.35 (1) the person was convicted of or adjudicated delinquent 58.36 in another state for an offense that would be a violation of a 59.1 law described in paragraph (a) if committed in this state; 59.2 (2) the person enters and remains in this state for 30 days 59.3 or longer; and 59.4 (3) ten years have not elapsed since the person was 59.5 released from confinement or, if the person was not confined, 59.6 since the person was convicted of or adjudicated delinquent for 59.7 the offense that triggers registration. 59.8 (c) A person also shall register under this section if the 59.9 person was committed pursuant to a court commitment order under 59.10 section 253B.185 or Minnesota Statutes 1992, section 526.10, 59.11 regardless of whether the person was convicted of any offense. 59.12 Sec. 2. Minnesota Statutes 1996, section 243.166, 59.13 subdivision 2, is amended to read: 59.14 Subd. 2. [NOTICE.] When a person who is required to 59.15 register under subdivision 1, paragraph (a), is sentenced or 59.16 becomes subject to a juvenile court disposition order, the court 59.17 shall tell the person of the duty to register under this 59.18 section. The court shall require the person to read and sign a 59.19 form stating that the duty of the person to register under this 59.20 section has been explained. If a person required to register 59.21 under subdivision 1, paragraph (a), was not notified by the 59.22 court of the registration requirement at the time of sentencing 59.23 or disposition, the assigned corrections agent shall notify the 59.24 person of the requirements of this section. When a person who 59.25 is required to register under subdivision 1, paragraph (c), is 59.26 released from commitment, the treatment facility shall notify 59.27 the person of the requirements of this section. The treatment 59.28 facility shall also obtain the registration information required 59.29 under this section and forward it to the bureau of criminal 59.30 apprehension. 59.31 Sec. 3. Minnesota Statutes 1996, section 243.166, 59.32 subdivision 3, is amended to read: 59.33 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 59.34 to register under this section shall register with the 59.35 corrections agent as soon as the agent is assigned to the 59.36 person. If the person does not have an assigned corrections 60.1 agent or is unable to locate the assigned corrections agent, the 60.2 person shall register with the law enforcement agency that has 60.3 jurisdiction in the area of the person's residence. 60.4 (b) At least five days before the person changes residence60.5 starts living at a new address, including changing residence to60.6 living in another state, the person shall give written notice of 60.7 the address of the new residencenew living address to the 60.8 assigned corrections agent or to the law enforcement authority 60.9 with which the person currently is registered. An offender is60.10 deemed to change residence when the offender remains at a new60.11 address for longer than three days and evinces an intent to take60.12 up residence there.If the person will be living in a new state 60.13 and that state has a registration requirement, the person shall 60.14 also give written notice of the new address to the designated 60.15 registration agency in the new state. The corrections agent or 60.16 law enforcement authority shall, within two business days after 60.17 receipt of this information, forward it to the bureau of 60.18 criminal apprehension. The bureau of criminal apprehension 60.19 shall, if it has not already been done, notify the law 60.20 enforcement authority having primary jurisdiction in the 60.21 community where the person will live of the new address. If the 60.22 person is leaving the state, the bureau of criminal apprehension 60.23 shall notify the registration authority in the new state of the 60.24 new address. 60.25 Sec. 4. Minnesota Statutes 1996, section 243.166, 60.26 subdivision 4, is amended to read: 60.27 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 60.28 provided to the corrections agent or law enforcement authority, 60.29 must consist of a statement in writing signed by the person, 60.30 giving information required by the bureau of criminal 60.31 apprehension, a fingerprint card, and photograph of the person 60.32 taken at the time of the person's release from incarceration or, 60.33 if the person was not incarcerated, at the time the person 60.34 initially registered under this section. 60.35 (b) Within three days, the corrections agent or law 60.36 enforcement authority shall forward the statement, fingerprint 61.1 card, and photograph to the bureau of criminal apprehension. 61.2 The bureau shall ascertain whether the person has registered 61.3 with the law enforcement authority where the person resides. If 61.4 the person has not registered with the law enforcement 61.5 authority, the bureau shall send one copy to that authority. 61.6 (c) During the period a person is required to register 61.7 under this section, the following shall apply: 61.8 (1) Each year, within 30 days of the anniversary date of 61.9 the person's initial registration, the bureau of criminal 61.10 apprehension shall mail a verification form to the last reported 61.11 address of the person. 61.12 (2) The person shall mail the signed verification form back 61.13 to the bureau of criminal apprehension within ten days after 61.14 receipt of the form, stating on the form the current and last 61.15 address of the person. 61.16 (3) If the person fails to mail the completed and signed 61.17 verification form to the bureau of criminal apprehension within 61.18 ten days after receipt of the form, the person shall be in 61.19 violation of this section. 61.20 Sec. 5. Minnesota Statutes 1996, section 244.052, 61.21 subdivision 3, is amended to read: 61.22 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 61.23 commissioner of corrections shall establish and administer 61.24 end-of-confinement review committees at each state correctional 61.25 facility and at each state treatment facility where sex 61.26 offenders are confined. The committees shall assess on a 61.27 case-by-case basis: 61.28 (1) the public risk posed by sex offenders who are about to 61.29 be released from confinement; and 61.30 (2) the public risk posed by sex offenders who are accepted 61.31 from another state under a reciprocal agreement under the 61.32 interstate compact authorized by section 243.16. 61.33 (b) Each committee shall be a standing committee and shall 61.34 consist of the following members appointed by the commissioner: 61.35 (1) the chief executive officer or head of the correctional 61.36 or treatment facility where the offender is currently confined, 62.1 or that person's designee; 62.2 (2) a law enforcement officer; 62.3 (3) a treatment professional who is trained in the 62.4 assessment of sex offenders; 62.5 (4) a caseworker experienced in supervising sex offenders; 62.6 and 62.7 (5) an employee of the department of corrections from the 62.8 victim's services unit. 62.9 Members of the committee, other than the facility's chief 62.10 executive officer or head, shall be appointed by the 62.11 commissioner to two-year terms. The chief executive officer or 62.12 head of the facility or designee shall act as chair of the 62.13 committee and shall use the facility's staff, as needed, to 62.14 administer the committee, obtain necessary information from 62.15 outside sources, and prepare risk assessment reports on 62.16 offenders. 62.17 (c) The committee shall have access to the following data 62.18 on a sex offender only for the purposes of its assessment and to 62.19 defend the committee's decision upon administrative review under 62.20 this section: 62.21 (1) private medical data under section 13.42 or 144.335, or 62.22 welfare data under section 13.46 that relate to medical 62.23 treatment of the offender; 62.24 (2) private and confidential court services data under 62.25 section 13.84; 62.26 (3) private and confidential corrections data under section 62.27 13.85; and 62.28 (4) private criminal history data under section 13.87. 62.29 Data collected and maintained by the committee under this 62.30 paragraph may not be disclosed outside the committee, except as 62.31 provided under section 13.05, subdivision 3 or 4. The sex 62.32 offender has access to data on the offender collected and 62.33 maintained by the committee, unless the data are confidential 62.34 data received under this paragraph. 62.35 (d) At least 90 days before a sex offender is to be 62.36 released from confinement or accepted for supervision, the 63.1 commissioner of corrections shall convene the appropriate 63.2 end-of-confinement review committee for the purpose of assessing 63.3 the risk presented by the offender and determining the risk 63.4 level to which the offender shall be assigned under paragraph 63.5 (e). The offender shall be notified of the time and place of 63.6 the committee's meeting and has a right to be present and be 63.7 heard at the meeting. The committee shall use the risk factors 63.8 described in paragraph (g) and the risk assessment scale 63.9 developed under subdivision 2 to determine the offender's risk 63.10 assessment score and risk level. Offenders scheduled for 63.11 release from confinement shall be assessed by the committee 63.12 established at the facility from which the offender is to be 63.13 released. Offenders accepted for supervision shall be assessed 63.14 by whichever committee the commissioner directs. 63.15 (e) The committee shall assign to risk level I a sex 63.16 offender whose risk assessment score indicates a low risk of 63.17 reoffense. The committee shall assign to risk level II an 63.18 offender whose risk assessment score indicates a moderate risk 63.19 of reoffense. The committee shall assign to risk level III an 63.20 offender whose risk assessment score indicates a high risk of 63.21 reoffense. 63.22 (f) Before the sex offender is released from confinement or 63.23 accepted for supervision, the committee shall prepare a risk 63.24 assessment report which specifies the risk level to which the 63.25 offender has been assigned and the reasons underlying the 63.26 committee's risk assessment decision. The committee shall give 63.27 the report to the offender and to the law enforcement agency at 63.28 least 60 days before an offender is released from confinement or 63.29 accepted for supervision. The committee also shall inform the 63.30 offender of the availability of review under subdivision 6. 63.31 (g) As used in this subdivision, "risk factors" includes, 63.32 but is not limited to, the following factors: 63.33 (1) the seriousness of the offense should the offender 63.34 reoffend. This factor includes consideration of the following: 63.35 (i) the degree of likely force or harm; 63.36 (ii) the degree of likely physical contact; and 64.1 (iii) the age of the likely victim; 64.2 (2) the offender's prior offense history. This factor 64.3 includes consideration of the following: 64.4 (i) the relationship of prior victims to the offender; 64.5 (ii) the number of prior offenses or victims; 64.6 (iii) the duration of the offender's prior offense history; 64.7 (iv) the length of time since the offender's last prior 64.8 offense while the offender was at risk to commit offenses; and 64.9 (v) the offender's prior history of other antisocial acts; 64.10 (3) the offender's characteristics. This factor includes 64.11 consideration of the following: 64.12 (i) the offender's response to prior treatment efforts; and 64.13 (ii) the offender's history of substance abuse; 64.14 (4) the availability of community supports to the offender. 64.15 This factor includes consideration of the following: 64.16 (i) the availability and likelihood that the offender will 64.17 be involved in therapeutic treatment; 64.18 (ii) the availability of residential supports to the 64.19 offender, such as a stable and supervised living arrangement in 64.20 an appropriate location; 64.21 (iii) the offender's familial and social relationships, 64.22 including the nature and length of these relationships and the 64.23 level of support that the offender may receive from these 64.24 persons; and 64.25 (iv) the offender's lack of education or employment 64.26 stability; 64.27 (5) whether the offender has indicated or credible evidence 64.28 in the record indicates that the offender will reoffend if 64.29 released into the community; and 64.30 (6) whether the offender demonstrates a physical condition 64.31 that minimizes the risk of reoffense, including but not limited 64.32 to, advanced age or a debilitating illness or physical condition. 64.33 (h) Upon the request of the law enforcement agency or the 64.34 offender's corrections agent, the commissioner may reconvene the 64.35 end-of-confinement review committee for the purpose of 64.36 reassessing the risk level to which an offender has been 65.1 assigned under paragraph (e). In a request for a reassessment, 65.2 the law enforcement agency or agent shall list the facts and 65.3 circumstances arising after the initial assignment under 65.4 paragraph (e) which support the request for a reassessment. 65.5 Upon review of the request, the end-of-confinement review 65.6 committee may reassign an offender to a different risk level. 65.7 If the offender is reassigned to a higher risk level, the 65.8 offender has the right to seek review of the committee's 65.9 determination under subdivision 6. 65.10 (i) An offender may request the end-of-confinement review 65.11 committee to reassess the offender's assigned risk level after 65.12 two years have elapsed since the committee's initial risk 65.13 assessment and may renew the request once every two years 65.14 following subsequent denials. In a request for reassessment, 65.15 the offender shall list the facts and circumstances which 65.16 demonstrate that the offender no longer poses the same degree of 65.17 risk to the community. The committee shall follow the process 65.18 outlined in paragraphs (a) to (e), and (g) in the reassessment. 65.19 Sec. 6. Minnesota Statutes 1996, section 244.052, 65.20 subdivision 4, is amended to read: 65.21 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 65.22 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 65.23 area where the sex offender resides, expects to reside, is 65.24 employed, or is regularly found, is authorized toshall disclose 65.25 informationto the public any information regarding the offender 65.26 contained in the report forwarded to the agency under 65.27 subdivision 3, paragraph (f), if the agency determines that 65.28 disclosure of the information is relevant and necessary to 65.29 protect the public and to counteract the offender's 65.30 dangerousness. The extent of the information disclosed and the 65.31 community to whom disclosure is made must relate to the level of 65.32 danger posed by the offender, to the offender's pattern of 65.33 offending behavior, and to the need of community members for 65.34 information to enhance their individual and collective safety. 65.35 (b) The law enforcement agency shall consider the following 65.36 guidelines in determining the scope of disclosure made under 66.1 this subdivision: 66.2 (1) if the offender is assigned to risk level I, the agency 66.3 may maintain information regarding the offender within the 66.4 agency and may disclose it to other law enforcement agencies. 66.5 Additionally, the agency may disclose the information to any 66.6 victims of or witnesses to the offense committed by the offender. 66.7 The agency shall disclose the information to victims of the 66.8 offense committed by the offender who have requested disclosure; 66.9 (2) if the offender is assigned to risk level II, the 66.10 agency also may disclose the information to the following66.11 individuals, agencies and groups that the offender is likely to 66.12 encounter :for the purpose of securing those institutions and 66.13 protecting individuals in their care while they are on or near 66.14 the premises of the institution. These individuals, agencies, 66.15 and groups include but are not limited to the staff members of 66.16 public and private educational institutions ;, day care 66.17 establishments ;, and establishments and organizations that 66.18 primarily serve individuals likely to be victimized by the 66.19 offender; 66.20 (3) if the offender is assigned to risk level III, the 66.21 agency also may disclose the information to other members of the 66.22 community whom the offender is likely to encounter. 66.23 Notwithstanding the assignment of a sex offender to risk 66.24 level II or III, a law enforcement agency may not make the 66.25 disclosures permitted by clause (2) or (3), if: the offender is 66.26 placed or resides in a residential facility that is licensed as 66.27 a residential program, as defined in section 245A.02, 66.28 subdivision 14, by the commissioner of human services under 66.29 chapter 254A, or the commissioner of corrections under section 66.30 241.021; and the facility and its staff are trained in the 66.31 supervision of sex offenders. However, if an offender is placed 66.32 or resides in a licensed facility, the head of the facility 66.33 shall notify the law enforcement agency before the end of the66.34 offender's placement or residence in the facility. Upon66.35 receiving this notification,commissioner of corrections or the 66.36 commissioner of human services within 48 hours after finalizing 67.1 the offender's approved relocation plan to a permanent 67.2 residence. Within five days after receiving this notification, 67.3 the appropriate commissioner shall give to the appropriate law 67.4 enforcement agency all relevant information the commissioner has 67.5 concerning the offender, including information on the risk 67.6 factors in the offender's history and the risk level to which 67.7 the offender was assigned. After receiving this information, 67.8 the law enforcement agency may make the disclosures permitted by 67.9 clause (2) or (3), as appropriate. 67.10 (c) As used in paragraph (b), clauses (2) and (3), "likely 67.11 to encounter" means that: 67.12 (1) the organizations or community members are in a 67.13 location or in close proximity to a location where the offender 67.14 lives or is employed, or which the offender visits or is likely 67.15 to visit on a regular basis, other than the location of the 67.16 offender's outpatient treatment program; and 67.17 (2) the types of interaction which ordinarily occur at that 67.18 location and other circumstances indicate that contact with the 67.19 offender is reasonably certain. 67.20 (d) A law enforcement agency or official who decides to 67.21 disclose information under this subdivision shall make a good 67.22 faith effort to make the notification at least 14 days before an 67.23 offender is released from confinement or accepted for 67.24 supervision. If a change occurs in the release plan, this 67.25 notification provision does not require an extension of the 67.26 release date. 67.27 (e) A law enforcement agency or official that decides to 67.28 disclose information under this subdivision shall make a good67.29 faith effort to concealnot disclose the identity of the victim67.30 orvictims of or witnesses to the offender's offenseoffenses. 67.31 (f) A law enforcement agency may continue to disclose 67.32 information on an offender under this subdivision for as long as 67.33 the offender is required to register under section 243.166. 67.34 Sec. 7. Minnesota Statutes 1996, section 244.052, 67.35 subdivision 5, is amended to read: 67.36 Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW 68.1 ENFORCEMENT.] At least 60 days before a sex offender is released 68.2 from confinement or accepted for supervision, the department of 68.3 corrections or the department of human services, in the case of 68.4 a person who was committed under section 253B.185 or Minnesota 68.5 Statutes 1992, section 526.10, shall providegive to the 68.6 appropriatelaw enforcement agency that investigated the 68.7 offender's crime of conviction or, where relevant, the law 68.8 enforcement agency having primary jurisdiction where the 68.9 offender was committed, all relevant information that the 68.10 departments have concerning the offender, including information 68.11 on risk factors in the offender's history. Within five days 68.12 after receiving the offender's approved release plan from the 68.13 office of adult release, the appropriate department shall give 68.14 to the law enforcement agency having primary jurisdiction where 68.15 the offender plans to reside all relevant information the 68.16 department has concerning the offender, including information on 68.17 risk factors in the offender's history and the risk level to 68.18 which the offender was assigned. 68.19 Sec. 8. Minnesota Statutes 1996, section 244.052, 68.20 subdivision 6, is amended to read: 68.21 Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned 68.22 or reassigned to risk level II or III under subdivision 3, 68.23 paragraph (e) or (h), has the right to seek administrative 68.24 review of an end-of-confinement review committee's risk 68.25 assessment determination. The offender must exercise this right 68.26 within 14 days of receiving notice of the committee's decision 68.27 by notifying the chair of the committee. Upon receiving the 68.28 request for administrative review, the chair shall notify: (1) 68.29 the offender ,; (2) the victim or victims of the offender's 68.30 offense who have requested disclosure or their designee ,; (3) 68.31 the law enforcement agency ,that investigated the offender's 68.32 crime of conviction or, where relevant, the law enforcement 68.33 agency having primary jurisdiction where the offender was 68.34 committed; (4) the law enforcement agency having jurisdiction 68.35 where the offender expects to reside, providing that the release 68.36 plan has been approved by the office of adult release of the 69.1 department of corrections; (5) and any other individuals the 69.2 chair may select , of. The notice shall state the time and place 69.3 of the hearing. A request for a review hearing shall not 69.4 interfere with or delay the notification process under 69.5 subdivision 4 or 5, unless the administrative law judge orders 69.6 otherwise for good cause shown. 69.7 (b) An offender who requests a review hearing must be given 69.8 a reasonable opportunity to prepare for the hearing. The review 69.9 hearing shall be conducted on the record before an 69.10 administrative law judge. The review hearing shall be conducted 69.11 at the correctional facility in which the offender is currently 69.12 confined. If the offender no longer is incarcerated, the 69.13 administrative law judge shall determine the place where the 69.14 review hearing will be conducted. The offender has the burden 69.15 of proof to show, by a preponderance of the evidence, that the 69.16 end-of-confinement review committee's risk assessment 69.17 determination was erroneous. The attorney general or a designee 69.18 shall defend the end-of-confinement review committee's 69.19 determination. The offender has the right to be present and be 69.20 represented by counsel at the hearing, to present evidence in 69.21 support of the offender's position, to call supporting witnesses 69.22 and to cross-examine witnesses testifying in support of the 69.23 committee's determination. Counsel for indigent offenders shall 69.24 be provided by the Legal Advocacy Project of the state public 69.25 defender's office. 69.26 (c) After the hearing is concluded, the administrative law 69.27 judge shall decide whether the end-of-confinement review 69.28 committee's risk assessment determination was erroneous and, 69.29 based on this decision, shall either uphold or modify the review 69.30 committee's determination. The judge's decision shall be in 69.31 writing and shall include the judge's reasons for the decision. 69.32 The judge's decision shall be final and a copy of it shall be 69.33 given to the offender, the victim, the law enforcement agency, 69.34 and the chair of the end-of-confinement review committee. 69.35 (d) The review hearing is subject to the contested case 69.36 provisions of chapter 14. 70.1 (e) The administrative law judge may seal any portion of 70.2 the record of the administrative review hearing. 70.3 Sec. 9. Minnesota Statutes 1996, section 609.135, is 70.4 amended by adding a subdivision to read: 70.5 Subd. 1c. [FAILURE TO COMPLETE COURT-ORDERED 70.6 TREATMENT.] If the court orders a defendant to undergo sex 70.7 offender treatment as a condition of probation and if the 70.8 defendant fails to successfully complete treatment at least 60 70.9 days before the term of probation expires, the prosecutor or the 70.10 defendant's probation officer may ask the court to hold a 70.11 hearing to determine whether the conditions of probation should 70.12 be changed or probation should be revoked. The court shall 70.13 schedule and hold this hearing and take appropriate action, 70.14 including action under subdivision 2, paragraph (h), before the 70.15 defendant's term of probation expires. 70.16 Sec. 10. Minnesota Statutes 1996, section 609.135, 70.17 subdivision 2, is amended to read: 70.18 Subd. 2. (a) If the conviction is for a felony the stay 70.19 shall be for not more than four years or the maximum period for 70.20 which the sentence of imprisonment might have been imposed, 70.21 whichever is longer. 70.22 (b) If the conviction is for a gross misdemeanor violation 70.23 of section 169.121 or 169.129, the stay shall be for not more 70.24 than four years. The court shall provide for unsupervised 70.25 probation for the last one year of the stay unless the court 70.26 finds that the defendant needs supervised probation for all or 70.27 part of the last one year. 70.28 (c) If the conviction is for a gross misdemeanor not 70.29 specified in paragraph (b), the stay shall be for not more than 70.30 two years. 70.31 (d) If the conviction is for any misdemeanor under section 70.32 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 70.33 misdemeanor under section 609.2242 or 609.224, subdivision 1, in 70.34 which the victim of the crime was a family or household member 70.35 as defined in section 518B.01, the stay shall be for not more 70.36 than two years. The court shall provide for unsupervised 71.1 probation for the second year of the stay unless the court finds 71.2 that the defendant needs supervised probation for all or part of 71.3 the second year. 71.4 (e) If the conviction is for a misdemeanor not specified in 71.5 paragraph (d), the stay shall be for not more than one year. 71.6 (f) The defendant shall be discharged six months after the 71.7 term of the stay expires, unless the stay has been revoked or 71.8 extended under paragraph (g) or (h), or the defendant has 71.9 already been discharged. 71.10 (g) Notwithstanding the maximum periods specified for stays 71.11 of sentences under paragraphs (a) to (f), a court may extend a 71.12 defendant's term of probation for up to one year if it finds, at 71.13 a hearing conducted under subdivision 1a, that: 71.14 (1) the defendant has not paid court-ordered restitution or 71.15 a fine in accordance with the payment schedule or structure; and 71.16 (2) the defendant is likely to not pay the restitution or 71.17 fine the defendant owes before the term of probation expires. 71.18 This one-year extension of probation for failure to pay 71.19 restitution or a fine may be extended by the court for up to one 71.20 additional year if the court finds, at another hearing conducted 71.21 under subdivision 1a, that the defendant still has not paid the 71.22 court-ordered restitution or fine that the defendant owes. 71.23 (h) Notwithstanding the maximum periods specified for stays 71.24 of sentences under paragraphs (a) to (f), a court may extend a 71.25 defendant's term of probation for up to three years if it finds, 71.26 at a hearing conducted under subdivision 1c, that: 71.27 (1) the defendant has failed to complete court-ordered sex 71.28 offender treatment successfully; and 71.29 (2) the defendant is likely not to complete court-ordered 71.30 treatment before the term of probation expires. 71.31 Sec. 11. Minnesota Statutes 1996, section 609.3451, 71.32 subdivision 3, is amended to read: 71.33 Subd. 3. [FELONY.] A person is guilty of a felony and may 71.34 be sentenced to imprisonment for not more than five years or to 71.35 payment of a fine of not more than $10,000, or both, if the 71.36 person violates subdivision 1, clause (2), after having been 72.1 previously convicted of or adjudicated delinquent for violating 72.2 subdivision 1, clause (2); section 617.23, paragraph72.3 (b)subdivision 2, clause (1); or a statute from another state 72.4 in conformity with subdivision 1, clause (2), or section 617.23, 72.5 paragraph (b)subdivision 2, clause (1). 72.6 Sec. 12. Minnesota Statutes 1996, section 609.3461, 72.7 subdivision 1, is amended to read: 72.8 Subdivision 1. [UPON SENTENCING.] The court shall order an 72.9 offender to provide a biological specimen for the purpose of DNA 72.10 analysis as defined in section 299C.155 when: 72.11 (1) the court sentences a person charged with violating or 72.12 attempting to violate section 609.342, 609.343, 609.344, or72.13 609.345, or 617.23, subdivision 3, clause (2), who is convicted 72.14 of violating one of those sections or of any offense arising out 72.15 of the same set of circumstances; 72.16 (2) the court sentences a person as a patterned sex 72.17 offender under section 609.1352; or 72.18 (3) the juvenile court adjudicates a person a delinquent 72.19 child who is the subject of a delinquency petition for violating 72.20 or attempting to violate section 609.342, 609.343, 609.344, or 72.21 609.345, and the delinquency adjudication is based on a 72.22 violation of one of those sections or of any offense arising out 72.23 of the same set of circumstances. The biological specimen or 72.24 the results of the analysis shall be maintained by the bureau of 72.25 criminal apprehension as provided in section 299C.155. 72.26 Sec. 13. Minnesota Statutes 1996, section 609.3461, 72.27 subdivision 2, is amended to read: 72.28 Subd. 2. [BEFORE RELEASE.] If a person convicted of 72.29 violating or attempting to violate section 609.185, clause (2), 72.30 609.342, 609.343, 609.344, or609.345, or 617.23, subdivision 3, 72.31 clause (2), or initially charged with violating one of those 72.32 sections and convicted of another offense arising out of the 72.33 same set of circumstances, or sentenced as a patterned sex 72.34 offender under section 609.1352, and committed to the custody of 72.35 the commissioner of corrections, or serving a term of 72.36 imprisonment in this state under a reciprocal agreement although 73.1 convicted in another state of an offense described in this 73.2 subdivision or a similar law of the United States or any other 73.3 state, has not provided a biological specimen for the purpose of 73.4 DNA analysis, the commissioner of corrections or local 73.5 corrections authority shall order the person to provide a 73.6 biological specimen for the purpose of DNA analysis before 73.7 completion of the person's term of imprisonment. The 73.8 commissioner of corrections or local corrections authority shall 73.9 forward the sample to the bureau of criminal apprehension. 73.10 Sec. 14. Minnesota Statutes 1996, section 609.347, 73.11 subdivision 7, is amended to read: 73.12 Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph73.13 (c)412 of the Rules of Evidence is superseded to the extent of 73.14 its conflict with this section. 73.15 Sec. 15. Minnesota Statutes 1996, section 609.746, 73.16 subdivision 1, is amended to read: 73.17 Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION 73.18 DEVICE.] (a) A person is guilty of a misdemeanor who: 73.19 (1) enters upon another's property; 73.20 (2) surreptitiously gazes, stares, or peeps in the window 73.21 or any other aperture of a house or place of dwelling of 73.22 another; and 73.23 (3) does so with intent to intrude upon or interfere with 73.24 the privacy of a member of the household. 73.25 (b) A person is guilty of a misdemeanor who: 73.26 (1) enters upon another's property; 73.27 (2) surreptitiously installs or uses any device for 73.28 observing, photographing, recording, amplifying, or broadcasting 73.29 sounds or events through the window or any other aperture of a 73.30 house or place of dwelling of another; and 73.31 (3) does so with intent to intrude upon or interfere with 73.32 the privacy of a member of the household. 73.33 (c) A person is guilty of a misdemeanor who: 73.34 (1) surreptitiously gazes, stares, or peeps in the window 73.35 or other aperture of a sleeping room in a hotel, as defined in 73.36 section 327.70, subdivision 3, a tanning booth, or other place 74.1 where a reasonable person would have an expectation of privacy 74.2 and has exposed or is likely to expose their intimate parts, as 74.3 defined in section 609.341, subdivision 5, or the clothing 74.4 covering the immediate area of the intimate parts; and 74.5 (2) does so with intent to intrude upon or interfere with 74.6 the privacy of the occupant. 74.7 (d) A person is guilty of a misdemeanor who: 74.8 (1) surreptitiously installs or uses any device for 74.9 observing, photographing, recording, amplifying, or broadcasting 74.10 sounds or events through the window or other aperture of a 74.11 sleeping room in a hotel, as defined in section 327.70, 74.12 subdivision 3, a tanning booth, or other place where a 74.13 reasonable person would have an expectation of privacy and has 74.14 exposed or is likely to expose their intimate parts, as defined 74.15 in section 609.341, subdivision 5, or the clothing covering the 74.16 immediate area of the intimate parts; and 74.17 (2) does so with intent to intrude upon or interfere with 74.18 the privacy of the occupant. 74.19 (e) A person is guilty of a gross misdemeanor if the person: 74.20 (1) violates this subdivision after a previous conviction 74.21 under this subdivision or section 609.749; or 74.22 (2) violates this subdivision in the presence of a minor 74.23 under the age of 16, knowing or having reason to know that the 74.24 minor is present. 74.25 (f) Paragraphs (b) and (d) do not apply to law enforcement 74.26 officers or corrections investigators, or to those acting under 74.27 their direction, while engaged in the performance of their 74.28 lawful duties. Paragraphs (c) and (d) do not apply to conduct 74.29 in: (1) a medical facility; or (2) a commercial establishment 74.30 if the owner of the establishment has posted conspicuous signs 74.31 warning that the premises are under surveillance by the owner or 74.32 the owner's employees. 74.33 Sec. 16. Minnesota Statutes 1996, section 617.23, is 74.34 amended to read: 74.35 617.23 [INDECENT EXPOSURE; PENALTIES.] 74.36 (a)Subdivision 1. [MISDEMEANOR.] A person is guilty of a75.1 misdemeanorwho commits any of the following acts in any public 75.2 place, or in any place where others are present, is guilty of a 75.3 misdemeanor: 75.4 (1) willfully and lewdly exposes the person's body, or the 75.5 private parts thereof; 75.6 (2) procures another to expose private parts; or 75.7 (3) engages in any open or gross lewdness or lascivious 75.8 behavior, or any public indecency other than behavior specified 75.9 in clause (1) or (2) orthis clausesubdivision. 75.10 (b)Subd. 2. [GROSS MISDEMEANOR.] A person who commits any 75.11 of the following acts is guilty of a gross misdemeanor if: 75.12 (1) the person violates this section in the presence of a 75.13 minor under the age of 16; or 75.14 (2) the person violates this section after having been 75.15 previously convicted of violating this section, sections 609.342 75.16 to 609.3451, or a statute from another state in conformity with 75.17 any of those sections. 75.18 (c)Subd. 3. [FELONY.] A person is guilty of a felony and 75.19 may be sentenced to imprisonment for not more than five years or 75.20 to payment of a fine of not more than $10,000, or both, if: 75.21 (1) the person violates paragraph (b)subdivision 2, clause 75.22 (1), after having been previously convicted of or adjudicated 75.23 delinquent for violating paragraph (b)subdivision 2, clause 75.24 (1); section 609.3451, subdivision 1, clause (2); or a statute 75.25 from another state in conformity with paragraph (b)subdivision 75.26 2, clause (1), or section 609.3451, subdivision 1, clause (2); 75.27 or 75.28 (2) the person commits a violation of subdivision 1, clause 75.29 (1), in the presence of another person while intentionally 75.30 confining that person or otherwise intentionally restricting 75.31 that person's freedom to move. 75.32 Sec. 17. [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS 75.33 CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.] 75.34 Subdivision 1. [DEFINITIONS.] As used in this section: 75.35 (1) "community notification" means the public disclosure of 75.36 information about sex offenders by local law enforcement 76.1 agencies under Minnesota Statutes, section 244.052; 76.2 (2) "federal prison" means a correctional facility 76.3 administered by the federal Bureau of Prisons in which sex 76.4 offenders are or may be confined; and 76.5 (3) "sex offender" means a person who has been convicted of 76.6 a federal offense for which registration under Minnesota 76.7 Statutes, section 243.166, is required. 76.8 Subd. 2. [DEVELOPMENT OF PLAN.] The commissioner of 76.9 corrections shall collaborate with the federal Bureau of Prisons 76.10 and the chief executive officer of any federal prison located in 76.11 this state in developing a community notification plan 76.12 concerning sex offenders confined in federal prisons in 76.13 Minnesota who intend to reside in this state upon release. The 76.14 plan shall address the following matters: 76.15 (1) the membership and operation of the end-of-confinement 76.16 review committees that will operate in the federal prisons to 76.17 conduct risk assessments on sex offenders who intend to reside 76.18 in Minnesota upon release; 76.19 (2) the classification and use of data on sex offenders 76.20 that are collected or maintained by the committees; 76.21 (3) the procedures governing the sex offender's 76.22 participation in the committee's meetings; 76.23 (4) the process for a sex offender to seek review of the 76.24 committee's risk assessment determination; and 76.25 (5) any other matters deemed important by the commissioner 76.26 and the federal authorities. 76.27 Subd. 3. [REPORT TO LEGISLATURE.] On or before February 1, 76.28 1998, the commissioner of corrections shall file a report with 76.29 the chairs of the house judiciary committee and the senate crime 76.30 prevention committee. The report shall summarize the community 76.31 notification plan agreed to by the commissioner and the federal 76.32 Bureau of Prisons and shall specify the statutory changes needed 76.33 to accomplish that plan. 76.34 Sec. 18. [EFFECTIVE DATE.] 76.35 Sections 1 to 4 are effective August 1, 1997, and apply to 76.36 persons who are released from prison on or after that date, or 77.1 who are under supervision as of that date, or who enter this 77.2 state on or after that date. Sections 9 to 13, 15, and 16 are 77.3 effective August 1, 1997, and apply to crimes committed on or 77.4 after that date. Sections 5 to 8 are effective the day 77.5 following final enactment and apply to offenders sentenced or 77.6 released from confinement on that date. 77.7 ARTICLE 6 77.8 CHILD PROTECTION AND TEEN COURT PROVISIONS 77.9 Section 1. [260.127] [TEEN COURT PROGRAM.] 77.10 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 77.11 section, the following terms have the meanings given them. 77.12 (b) "Minor offense" means: 77.13 (1) a juvenile petty offense; 77.14 (2) a petty misdemeanor; or 77.15 (3) any misdemeanor, other than a misdemeanor-level 77.16 violation of sections 518B.01, subdivision 14, 588.20, 609.224, 77.17 609.2242, 609.324, 609.563, 609.576, 609.66, 609.72, 609.746, 77.18 609.748, subdivision 6, or 617.23, a major traffic offense, or 77.19 an adult traffic offense, as defined in section 260.193. 77.20 (c) "Teen" means an individual who has attained the age of 77.21 ten years and is under 18 years of age. 77.22 (d) "Teen court" and "teen court program" mean an 77.23 alternative procedure under which local law enforcement, county 77.24 attorneys, schools, or probation agencies may divert from the 77.25 juvenile court system a teen who allegedly has committed a minor 77.26 offense, on condition that the teen voluntarily appears before 77.27 and receives a disposition from a jury of the teen's peers and 77.28 successfully completes the terms and conditions of the 77.29 disposition. These programs also may be used by schools as 77.30 alternatives to formal school disciplinary proceedings provided 77.31 each program complies with the disciplinary policy in the school 77.32 district in which it is established. 77.33 Subd. 2. [APPLICATION TO ESTABLISH TEEN COURT.] (a) Any 77.34 group of two or more adult sponsors may apply to the office of 77.35 strategic and long-range planning to establish a teen court. 77.36 These sponsors must be affiliated with an agency, entity, or 78.1 other organized program or group. 78.2 (b) An application to establish a teen court shall include: 78.3 (1) the names, addresses, and telephone numbers of two or 78.4 more adult sponsors and a description of the entity, agency, or 78.5 other organized program or group with which the adult sponsors 78.6 are affiliated; 78.7 (2) the names, addresses, and telephone numbers of all 78.8 teens who have signed letters of commitment to participate 78.9 voluntarily as teen court members in the teen court program; and 78.10 (3) a certification from adult sponsors that adequate adult 78.11 sponsorship exists and that there are a sufficient number of 78.12 teen volunteers to make the functioning of the teen court 78.13 feasible and meaningful; and 78.14 (4) except as provided in paragraph (c), a letter from the 78.15 county attorney of the county in which the teen court is seeking 78.16 to operate, authorizing the establishment of the teen court 78.17 program consistent with section 388.24. 78.18 (c) Teen court programs that operate only as an alternative 78.19 to school disciplinary proceedings do not need to provide the 78.20 letter referred to in paragraph (b), clause (4). 78.21 Subd. 3. [REFERRAL TO TEEN COURT PROGRAM.] Once the teen 78.22 court program has been established, it may receive referrals for 78.23 eligible teens from local law enforcement, county attorneys, 78.24 school officials, and probation agencies. The process of 78.25 referral is to be established by the individual teen court 78.26 programs, in coordination with other established teen court and 78.27 pretrial diversion programs in the county or counties in which 78.28 the teen court will operate. The referral process for teen 78.29 court programs operating as alternatives to school disciplinary 78.30 proceedings must be consistent with the disciplinary policy in 78.31 the school district in which the program is established. 78.32 Subd. 4. [FEE.] The teen court program may require a teen 78.33 to pay a nonrefundable fee to cover the costs of administering 78.34 the program. This fee must be reduced or waived for a 78.35 participant who does not have the ability to pay the fee. 78.36 Subd. 5. [TEEN COURT PROGRAM COMPONENTS.] (a) Prior to a 79.1 teen's participation in the teen court program, a teen court 79.2 sponsor or the referring source must: 79.3 (1) contact the victim, if any, of the offense, or make a 79.4 good faith attempt to contact the victim, if any, and the victim 79.5 must be advised that the victim may participate in the teen 79.6 court proceedings; and 79.7 (2) at least seven days prior to the teen's participation 79.8 in the program, provide to the county attorney of the teen's 79.9 residence the teen's name, date of birth, and residential 79.10 address and a description of the offense. 79.11 (b) Prior to a teen court's imposition of dispositions, it 79.12 must establish a range of dispositional alternatives for 79.13 offenses which is appropriate to the teen court's community. 79.14 These dispositions may include the following: 79.15 (i) community service; 79.16 (ii) mandatory participation in appropriate counseling, 79.17 appropriate treatment, law-related educational classes, or other 79.18 educational programs; 79.19 (iii) a requirement that the teen defendant participate as 79.20 a juror in future proceedings before the teen court; 79.21 (iv) restitution, where appropriate; and 79.22 (v) a fine, not to exceed the amount permitted in section 79.23 260.195. The fine permitted in section 260.185 may only be 79.24 imposed for misdemeanor-level offenses. 79.25 The teen court does not have the power to place a teen 79.26 outside the home. 79.27 (c) Except as provided in paragraph (d), the teen court 79.28 program may be used only where: 79.29 (i) the teen acknowledges responsibility for the offense; 79.30 (ii) the teen voluntarily agrees to participate in the teen 79.31 court program; 79.32 (iii) the judge of the teen court is a judge or an attorney 79.33 admitted to practice law in the state of Minnesota; 79.34 (iv) the teen's parent or legal guardian accompanies the 79.35 teen in all teen court proceedings; 79.36 (v) the county attorney does not notify the teen court 80.1 prior to the teen's participation that the offense will be 80.2 handled in juvenile court or in a pretrial diversion program 80.3 established under section 388.24; and 80.4 (vi) the teen court program has established a training 80.5 component for teen and adult volunteers. 80.6 (d) When a teen court operates as an alternative to a 80.7 school disciplinary policy, the teen's parent or legal guardian 80.8 must be notified of the teen's involvement in the program, 80.9 according to the school district's disciplinary policy. The 80.10 teen's parent or legal guardian does not need to accompany the 80.11 teen in teen court proceedings. 80.12 (e) The teen court shall notify the referring source as 80.13 soon as possible upon discovery that the teen has failed to 80.14 comply with any part of the disposition imposed under paragraph 80.15 (b). Either juvenile court proceedings or formal school 80.16 disciplinary proceedings, where applicable, or both, may be 80.17 commenced against a teen who fails to comply with the 80.18 disposition under paragraph (b). 80.19 Subd. 6. [EVALUATION AND REPORTS.] (a) The results of all 80.20 proceedings in teen court must be reported to the office of 80.21 strategic and long-range planning on a form provided by the 80.22 office of strategic and long-range planning. The teen court 80.23 must submit the report to the office of strategic and long-range 80.24 planning no later than July 15 for all activity during the first 80.25 six months of the calendar year and by January 15 for all 80.26 activity during the last six months of the preceding calendar 80.27 year. A copy of this report also must be provided to the county 80.28 attorney of the county in which the teen court operates. Each 80.29 report must include the following: 80.30 (i) the number of cases handled by the teen court, 80.31 including a breakdown of the number of cases from each referring 80.32 agency; 80.33 (ii) a list of the offenses for which the teen court 80.34 imposed a disposition, including a breakdown showing the number 80.35 of teen court participants committing each type of offense; 80.36 (iii) a list of the dispositions imposed by the teen court, 81.1 including a breakdown showing the number of times each 81.2 particular disposition was imposed; and 81.3 (iv) information on the cases that were referred back to 81.4 the referring agency under subdivision 5, paragraph (e). 81.5 (b) Each teen court shall report to the office of strategic 81.6 and long-range planning by June 30 each year on its progress in 81.7 achieving outcome measures and indicators. The report required 81.8 by this paragraph must include an analysis of recidivism rates 81.9 for teen court participants, based upon a method for measuring 81.10 these rates as determined by the office of strategic and 81.11 long-range planning. 81.12 (c) Five percent of the appropriation for the teen court 81.13 program is allocated to the office of strategic and long-range 81.14 planning to assist teen court programs in developing outcome 81.15 measures and indicators. These outcome measures and indicators 81.16 must be established before any teen court begins to impose 81.17 dispositions and must allow for both evaluation of each teen 81.18 court program and for statewide evaluation of the teen court 81.19 program. 81.20 Subd. 7. [ADMINISTRATION.] Up to five percent of the 81.21 appropriation for teen court programs may be retained by the 81.22 office of strategic and long-range planning for administrative 81.23 costs incurred in administering the program. The office of 81.24 strategic and long-range planning has authority to administer 81.25 funds to teen court programs that comply with this section. The 81.26 office of strategic and long-range planning may receive and 81.27 administer public and private funds for the purposes of this 81.28 section. 81.29 Sec. 2. Minnesota Statutes 1996, section 256E.03, 81.30 subdivision 2, is amended to read: 81.31 Subd. 2. (a) "Community social services" means services 81.32 provided or arranged for by county boards to fulfill the 81.33 responsibilities prescribed in section 256E.08, subdivision 1, 81.34 to the following groups of persons: 81.35 (1) families with children under age 18, who are 81.36 experiencing child dependency, neglect or abuse, and also 82.1 pregnant adolescents, adolescent parents under the age of 18 ,82.2 and their children, and other adolescents; 82.3 (2) persons, including adolescents, who are under the 82.4 guardianship of the commissioner of human services as dependent 82.5 and neglected wards; 82.6 (3) adults who are in need of protection and vulnerable as 82.7 defined in section 626.5572; 82.8 (4) persons age 60 and over who are experiencing difficulty 82.9 living independently and are unable to provide for their own 82.10 needs; 82.11 (5) emotionally disturbed children and adolescents, 82.12 chronically and acutely mentally ill persons who are unable to 82.13 provide for their own needs or to independently engage in 82.14 ordinary community activities; 82.15 (6) persons with mental retardation as defined in section 82.16 252A.02, subdivision 2, or with related conditions as defined in 82.17 section 252.27, subdivision 1a, who are unable to provide for 82.18 their own needs or to independently engage in ordinary community 82.19 activities; 82.20 (7) drug dependent and intoxicated persons, including 82.21 adolescents, as defined in section 254A.02, subdivisions 5 and 82.22 7, and persons, including adolescents, at risk of harm to self 82.23 or others due to the ingestion of alcohol or other drugs; 82.24 (8) parents whose income is at or below 70 percent of the 82.25 state median income and who are in need of child care services 82.26 in order to secure or retain employment or to obtain the 82.27 training or education necessary to secure employment; and82.28 (9) children and adolescents involved in or at risk of 82.29 involvement with criminal activity; and 82.30 (10) other groups of persons who, in the judgment of the 82.31 county board, are in need of social services. 82.32 (b) Except as provided in section 256E.08, subdivision 5, 82.33 community social services do not include public assistance 82.34 programs known as aid to families with dependent children, 82.35 Minnesota supplemental aid, medical assistance, general 82.36 assistance, general assistance medical care, or community health 83.1 services authorized by sections 145A.09 to 145A.13. 83.2 Sec. 3. [257.069] [INFORMATION FOR CHILD PLACEMENT.] 83.3 Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An 83.4 agency with legal responsibility for the placement of a child 83.5 may request and shall receive all information pertaining to the 83.6 child that it considers necessary to appropriately carry out its 83.7 duties. That information must include educational, medical, 83.8 psychological, psychiatric, and social or family history data 83.9 retained in any form by any individual or entity. The agency 83.10 may gather appropriate data regarding the child's parents in 83.11 order to develop and implement a case plan required by section 83.12 257.071. Upon request of the court responsible for overseeing 83.13 the provision of services to the child and family and for 83.14 implementing orders that are in the best interest of the child, 83.15 the responsible local social service agency or tribal social 83.16 service agency shall provide appropriate written or oral reports 83.17 from any individual or entity that has provided services to the 83.18 child or family. The reports must include the nature of the 83.19 services being provided the child or family; the reason for the 83.20 services; the nature, extent, and quality of the child's or 83.21 parent's participation in the services, where appropriate; and 83.22 recommendations for continued services, where appropriate. The 83.23 individual or entity shall report all observations and 83.24 information upon which it bases its report as well as its 83.25 conclusions. If necessary to facilitate the receipt of the 83.26 reports, the court may issue appropriate orders. 83.27 Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service 83.28 agency responsible for the residential placement of a child 83.29 under this section and the residential facility in which the 83.30 child is placed shall have access to the following data on the 83.31 child: 83.32 (1) medical data under section 13.42; 83.33 (2) corrections and detention data under section 13.85; 83.34 (3) juvenile court data under section 260.161; and 83.35 (4) health records under section 144.335. 83.36 Sec. 4. Minnesota Statutes 1996, section 257.071, is 84.1 amended by adding a subdivision to read: 84.2 Subd. 1c. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 84.3 social service agency shall inform a parent considering 84.4 voluntary placement of a child who is not developmentally 84.5 disabled or emotionally handicapped of the following: 84.6 (1) the parent and the child each has a right to separate 84.7 legal counsel before signing a voluntary placement agreement, 84.8 but not to counsel appointed at public expense; 84.9 (2) the parent is not required to agree to the voluntary 84.10 placement, and a parent who enters a voluntary placement 84.11 agreement may at any time request that the agency return the 84.12 child. If the parent so requests, the child must be returned 84.13 within 24 hours of the receipt of the request; 84.14 (3) evidence gathered during the time the child is 84.15 voluntarily placed may be used at a later time as the basis for 84.16 a petition alleging that the child is in need of protection or 84.17 services or as the basis for a petition seeking termination of 84.18 parental rights; 84.19 (4) if the local social service agency files a petition 84.20 alleging that the child is in need of protection or services or 84.21 a petition seeking the termination of parental rights, the 84.22 parent would have the right to appointment of separate legal 84.23 counsel and the child would have a right to the appointment of 84.24 counsel and a guardian ad litem as provided by law, and that 84.25 counsel will be appointed at public expense if they are unable 84.26 to afford counsel; and 84.27 (5) the timelines and procedures for review of voluntary 84.28 placements under subdivision 3, and the effect the time spent in 84.29 voluntary placement on the scheduling of a permanent placement 84.30 determination hearing under section 260.191, subdivision 3b. 84.31 Sec. 5. Minnesota Statutes 1996, section 257.071, is 84.32 amended by adding a subdivision to read: 84.33 Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months 84.34 after a child is initially placed in a residential facility, the 84.35 local social service agency shall identify any relatives of the 84.36 child and notify them of the possibility of a permanent 85.1 out-of-home placement of the child, and that a decision not to 85.2 be a permanent resource at the beginning of the case may affect 85.3 the relative's right to have the child placed with that relative 85.4 later. The relatives must be notified that they must keep the 85.5 local social service agency informed of their current address in 85.6 order to receive notice of any permanent placement hearing. A 85.7 relative who fails to provide a current address to the local 85.8 social service agency forfeits the right to notice of permanent 85.9 placement. 85.10 (b) When the agency determines that it is necessary to 85.11 prepare for the permanent placement determination hearing or in 85.12 anticipation of filing a termination of parental rights 85.13 petition, the agency shall send notice to the relatives, any 85.14 adult with whom the child is currently residing, any adult with 85.15 whom the child has resided for one year or longer in the past, 85.16 and any adults who have maintained a relationship or exercised 85.17 visitation with the child as identified in the agency case 85.18 plan. The notice must state that a permanent home is sought for 85.19 the child and that the individuals receiving the notice may 85.20 indicate to the agency their interest in providing a permanent 85.21 home. The notice must contain an advisory that if the relative 85.22 chooses not to be a placement resource at the beginning of the 85.23 case, this may affect the relative's rights to have the child 85.24 placed with that relative permanently later on. 85.25 Sec. 6. Minnesota Statutes 1996, section 257.071, is 85.26 amended by adding a subdivision to read: 85.27 Subd. 1e. [CHANGE IN PLACEMENT.] If a child is removed 85.28 from a permanent placement disposition authorized under section 85.29 260.191, subdivision 3b, within one year after the placement was 85.30 made: 85.31 (1) the child must be returned to the residential facility 85.32 where the child was placed immediately preceding the permanent 85.33 placement; or 85.34 (2) the court shall hold a hearing within ten days after 85.35 the child is taken into custody to determine where the child is 85.36 to be placed. A guardian ad litem must be appointed for the 86.1 child for this hearing. 86.2 Sec. 7. Minnesota Statutes 1996, section 257.071, 86.3 subdivision 3, is amended to read: 86.4 Subd. 3. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 86.5 provided in subdivision 4, if the child has been placed in a 86.6 residential facility pursuant to a voluntary release by the 86.7 parent or parents, and is not returned home within six months90 86.8 days after initial placement in the residential facility, the 86.9 social service agency responsible for the placement shall: 86.10 (1) return the child to the home of the parent or parents; 86.11 or 86.12 (2) file an appropriatea petition pursuant to section86.13 260.131 or 260.231to extend the placement for 90 days. 86.14 The case plan must be updated when a petition is filed and 86.15 must include a specific plan for permanency. The parent, legal 86.16 guardian, or legal custodian and child have a right to counsel 86.17 at this hearing and the court shall appoint counsel at public 86.18 expense if they are unable to afford counsel. 86.19 If the court approves the extension, at the end of the 86.20 second 90-day period, the child must be returned to the parent's 86.21 home, unless a petition is filed for a child in need of 86.22 protection or services. 86.23 Sec. 8. Minnesota Statutes 1996, section 257.071, 86.24 subdivision 4, is amended to read: 86.25 Subd. 4. [REVIEW OF DEVELOPMENTALLY DISABLED AND 86.26 EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 86.27 disabled child, as that term is defined in United States Code, 86.28 title 42, section 6001 (7), as amended through December 31, 86.29 1979, or a child diagnosed with an emotional handicap as defined 86.30 in section 252.27, subdivision 1a, has been placed in a 86.31 residential facility pursuant to a voluntary release by the 86.32 child's parent or parents because of the child's handicapping 86.33 conditions or need for long-term residential treatment or 86.34 supervision, the social service agency responsible for the 86.35 placement shall bring a petition for review of the child's 86.36 foster care status, pursuant to section 260.131, subdivision 1a, 87.1 rather than a petition as required by subdivision 3, clause87.2 (b)section 260.191, subdivision 3b, after the child has been in 87.3 foster care for 18six months or, in the case of a child with an 87.4 emotional handicap, after the child has been in a residential 87.5 facility for six months. Whenever a petition for review is 87.6 brought pursuant to this subdivision, a guardian ad litem shall 87.7 be appointed for the child. 87.8 Sec. 9. Minnesota Statutes 1996, section 257.072, 87.9 subdivision 1, is amended to read: 87.10 Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each 87.11 authorized child-placing agency shall make special efforts to 87.12 recruit a foster family from among the child's relatives, except 87.13 as authorized in section 260.181, subdivision 3. Each agency 87.14 shall provide for diligent recruitment of potential foster 87.15 families that reflect the ethnic and racial diversity of the 87.16 children in the state for whom foster homes are needed. Special 87.17 efforts include contacting and working with community 87.18 organizations and religious organizations and may include 87.19 contracting with these organizations, utilizing local media and 87.20 other local resources, conducting outreach activities, and 87.21 increasing the number of minority recruitment staff employed by 87.22 the agency. The requirement of special efforts to locate 87.23 relatives in this section is satisfied ifon the earlier of the 87.24 following occasions: 87.25 (1) the child is placed with a relative who is interested 87.26 in providing a permanent placement for the child; or 87.27 (2) the responsible child-placing agency has made 87.28 appropriatespecial efforts for six months following the child's 87.29 placement in a residential facility and the court approves the 87.30 agency's efforts pursuant to section 260.191, subdivision 3a. 87.31 The agency may accept any gifts, grants, offers of services, and 87.32 other contributions to use in making special recruitment efforts. 87.33 Sec. 10. Minnesota Statutes 1996, section 259.41, is 87.34 amended to read: 87.35 259.41 [ADOPTION STUDY.] 87.36 An adoption study and written report must be completed 88.1 before the child is placed in a prospective adoptive home under 88.2 this chapter and the study must be completed and filed with the 88.3 court at the time the adoption petition is filed. In a direct 88.4 adoptive placement, the report must be filed with the court in 88.5 support of a motion for temporary preadoptive custody under 88.6 section 259.47, subdivision 3. The study and report shall be 88.7 completed by a licensed child-placing agency and must be 88.8 thorough and comprehensive. The study and report shall be paid 88.9 for by the prospective adoptive parent, except as otherwise 88.10 required under section 259.67 or 259.73. 88.11 A stepparent adoption is not subject to this section. 88.12 In the case of a licensed foster parent seeking to adopt a 88.13 child who is in the foster parent's care, any portions of the 88.14 foster care licensing process that duplicate requirements of the 88.15 home study may be submitted in satisfaction of the relevant 88.16 requirements of this section. 88.17 At a minimum, the study must include the following about 88.18 the prospective adoptive parent: 88.19 (1) a check of criminal conviction data, data on 88.20 substantiated maltreatment of a child under section 626.556, and 88.21 domestic violence data of each person over the age of 13 living 88.22 in the home. The prospective adoptive parents, the bureau of 88.23 criminal apprehension, and other state, county, and local 88.24 agencies, after written notice to the subject of the study, 88.25 shall give the agency completing the adoption study 88.26 substantiated criminal conviction data and reports about 88.27 maltreatment of minors and vulnerable adults and domestic 88.28 violence. The adoption study must also include a check of the 88.29 juvenile court records of each person over the age of 13 living 88.30 in the home. Notwithstanding provisions of section 260.161 to 88.31 the contrary, the juvenile court shall release the requested 88.32 information to the agency completing the adoption study. The 88.33 study must include an evaluation of the effect of a conviction 88.34 or finding of substantiated maltreatment on the ability to care 88.35 for a child; 88.36 (2) medical and social history and current health; 89.1 (3) assessment of potential parenting skills; 89.2 (4) ability to provide adequate financial support for a 89.3 child; and 89.4 (5) the level of knowledge and awareness of adoption issues 89.5 including where appropriate matters relating to interracial, 89.6 cross-cultural, and special needs adoptions. 89.7 The adoption study must include at least one in-home visit 89.8 with the prospective adoptive parent. The adoption study is the 89.9 basis for completion of a written report. The report must be in 89.10 a format specified by the commissioner and must contain 89.11 recommendations regarding the suitability of the subject of the 89.12 study to be an adoptive parent. An adoption study report is 89.13 valid for 12 months following its date of completion. 89.14 A prospective adoptive parent seeking a study under this 89.15 section must authorize access by the agency to any private data 89.16 needed to complete the study, must disclose any names used 89.17 previously other than the name used at the time of the study, 89.18 and must provide a set of fingerprints, which shall be forwarded 89.19 to the bureau of criminal apprehension to facilitate the 89.20 criminal conviction background check required under clause (1). 89.21 Sec. 11. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 89.22 If an adoptee has resided with a birth relative before 89.23 being adopted, adoptive parents and that birth relative may 89.24 enter an agreement under this section regarding communication 89.25 with or contact between a minor adoptee, adoptive parents, and 89.26 the birth relative. For purposes of this section, "birth 89.27 relative" means a parent, stepparent, grandparent, brother, 89.28 sister, uncle, or aunt of a minor adoptee. This relationship 89.29 may be by blood or marriage. For an Indian child, birth 89.30 relative includes members of the extended family as defined by 89.31 the law or custom of the Indian child's tribe or, in the absence 89.32 of laws or custom, nieces, nephews, or first or second cousins, 89.33 as provided in the Indian Child Welfare Act, United States Code, 89.34 title 25, section 1903. 89.35 (a) An agreement regarding communication with or contact 89.36 between minor adoptees, adoptive parents, and a birth relative 90.1 is not legally enforceable unless the terms of the agreement are 90.2 contained in a written court order entered in accordance with 90.3 this section. An order must be sought at the same time a 90.4 petition for adoption is filed. The court shall not enter a 90.5 proposed order unless the terms of the order have been approved 90.6 in writing by the prospective adoptive parents, a birth relative 90.7 who desires to be a party to the agreement, and, if the child is 90.8 in the custody or under the guardianship of an agency, a 90.9 representative of the agency. An agreement under this section 90.10 need not disclose the identity of the parties to be legally 90.11 enforceable. The court shall not enter a proposed order unless 90.12 the court finds that the communication or contact between the 90.13 minor adoptee, the adoptive parents, and a birth relative as 90.14 agreed upon and contained in the proposed order would be in the 90.15 minor adoptee's best interests. 90.16 (b) Failure to comply with the terms of an agreed order 90.17 regarding communication or contact that has been entered by the 90.18 court under this section is not grounds for: 90.19 (1) setting aside an adoption decree; or 90.20 (2) revocation of a written consent to an adoption after 90.21 that consent has become irrevocable. 90.22 (c) An agreed order entered under this section may be 90.23 enforced or modified by filing a petition or motion with the 90.24 family court that includes a certified copy of the order 90.25 granting the communication, contact, or visitation, but only if 90.26 the petition or motion is accompanied by an affidavit that the 90.27 parties have mediated or attempted to mediate any dispute under 90.28 the agreement or that the parties agree to a proposed 90.29 modification. The prevailing party may be awarded reasonable 90.30 attorney's fees and costs. The court shall not modify an agreed 90.31 order under this section unless it finds that the modification 90.32 is necessary to serve the best interests of the minor adoptee, 90.33 and: 90.34 (1) the modification is agreed to by the adoptive parent 90.35 and the birth relative; or 90.36 (2) exceptional circumstances have arisen since the agreed 91.1 order was entered that justify modification of the order. 91.2 Sec. 12. Minnesota Statutes 1996, section 259.59, is 91.3 amended by adding a subdivision to read: 91.4 Subd. 3. [COMMUNICATION OR CONTACT AGREEMENTS.] This 91.5 section does not prohibit birth parents and adoptive parents 91.6 from entering a communication or contact agreement under section 91.7 259.58. 91.8 Sec. 13. Minnesota Statutes 1996, section 259.67, 91.9 subdivision 2, is amended to read: 91.10 Subd. 2. [ADOPTION ASSISTANCE AGREEMENT.] The placing 91.11 agency shall certify a child as eligible for adoption assistance 91.12 according to rules promulgated by the commissioner. WhenNot 91.13 later than 30 days after a parent or parents are found and 91.14 approved for adoptive placement of a child certified as eligible 91.15 for adoption assistance, and before the final decree of adoption 91.16 is issued, a written agreement must be entered into by the 91.17 commissioner, the adoptive parent or parents, and the placing 91.18 agency. The written agreement must be in the form prescribed by 91.19 the commissioner and must set forth the responsibilities of all 91.20 parties, the anticipated duration of the adoption assistance 91.21 payments, and the payment terms. The adoption assistance 91.22 agreement shall be subject to the commissioner's approval, which 91.23 must be granted or denied not later than 15 days after the 91.24 agreement is entered. 91.25 The amount of adoption assistance is subject to the 91.26 availability of state and federal funds and shall be determined 91.27 through agreement with the adoptive parents. The agreement 91.28 shall take into consideration the circumstances of the adopting 91.29 parent or parents, the needs of the child being adopted and may 91.30 provide ongoing monthly assistance, supplemental maintenance 91.31 expenses related to the adopted person's special needs, 91.32 nonmedical expenses periodically necessary for purchase of 91.33 services, items, or equipment related to the special needs, and 91.34 medical expenses. The placing agency or the adoptive parent or 91.35 parents shall provide written documentation to support the need 91.36 for adoption assistance payments. The commissioner may require 92.1 periodic reevaluation of adoption assistance payments. The 92.2 amount of ongoing monthly adoption assistance granted may in no 92.3 case exceed that which would be allowable for the child under 92.4 foster family care and is subject to the availability of state 92.5 and federal funds. 92.6 Sec. 14. Minnesota Statutes 1996, section 260.012, is 92.7 amended to read: 92.8 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 92.9 REUNIFICATION; REASONABLE EFFORTS.] 92.10 (a) If a child in need of protection or services is under 92.11 the court's jurisdiction, the court shall ensure that reasonable 92.12 efforts including culturally appropriate services by the social 92.13 service agency are made to prevent placement or to eliminate the 92.14 need for removal and to reunite the child with the child's 92.15 family at the earliest possible time, consistent with the best 92.16 interests, safety, and protection of the child. The court may, 92.17 upon motion and hearing, order the cessation of reasonable 92.18 efforts if the court finds that provision of services or further 92.19 services for the purpose of rehabilitation and reunification is 92.20 futile and therefore unreasonable under the circumstances. In 92.21 the case of an Indian child, in proceedings under sections 92.22 260.172, 260.191, and 260.221 the juvenile court must make 92.23 findings and conclusions consistent with the Indian Child 92.24 Welfare Act of 1978, United States Code, title 25, section 1901 92.25 et seq., as to the provision of active efforts. If a child is 92.26 under the court's delinquency jurisdiction, it shall be the duty 92.27 of the court to ensure that reasonable efforts are made to 92.28 reunite the child with the child's family at the earliest 92.29 possible time, consistent with the best interests of the child 92.30 and the safety of the public. 92.31 (b) "Reasonable efforts" means the exercise of due 92.32 diligence by the responsible social service agency to use 92.33 appropriate and available services to meet the needs of the 92.34 child and the child's family in order to prevent removal of the 92.35 child from the child's family; or upon removal, services to 92.36 eliminate the need for removal and reunite the family. Services 93.1 may include those listed under section 256F.07, subdivision 3, 93.2 and other appropriate services available in the community. The 93.3 social service agency has the burden of demonstrating that it 93.4 has made reasonable efforts .or that provision of services or 93.5 further services for the purpose of rehabilitation and 93.6 reunification is futile and therefore unreasonable under the 93.7 circumstances. Reunification of a surviving child with a parent 93.8 is not required if the parent has been convicted of: 93.9 (1) a violation of, or an attempt or conspiracy to commit a 93.10 violation of, any offense in sections 609.185 to 609.20; 93.11 609.222, subdivision 2; or 609.223 in regard to another child of 93.12 the parent; 93.13 (2) a violation of an offense in section 609.222, 93.14 subdivision 2; or 609.223, in regard to the surviving child; or 93.15 (3) a violation of, or an attempt or conspiracy to commit a 93.16 violation of, United States Code, title 18, section 1111(a) or 93.17 1112(a), in regard to another child of the parent. 93.18 (c) The juvenile court, in proceedings under sections 93.19 260.172, 260.191, and 260.221 shall make findings and 93.20 conclusions as to the provision of reasonable efforts. When 93.21 determining whether reasonable efforts have been made, the court 93.22 shall consider whether services to the child and family were: 93.23 (1) relevant to the safety and protection of the child; 93.24 (2) adequate to meet the needs of the child and family; 93.25 (3) culturally appropriate; 93.26 (4) available and accessible; 93.27 (5) consistent and timely; and 93.28 (6) realistic under the circumstances. 93.29 In the alternative, the court may determine that provision 93.30 of services or further services for the purpose of 93.31 rehabilitation is futile and therefore unreasonable under the 93.32 circumstances. 93.33 (d) This section does not prevent out-of-home placement for 93.34 treatment of a child with a mental disability when the child's 93.35 diagnostic assessment or individual treatment plan indicates 93.36 that appropriate and necessary treatment cannot be effectively 94.1 provided outside of a residential or inpatient treatment program. 94.2 Sec. 15. Minnesota Statutes 1996, section 260.015, 94.3 subdivision 2a, is amended to read: 94.4 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 94.5 "Child in need of protection or services" means a child who is 94.6 in need of protection or services because the child: 94.7 (1) is abandoned or without parent, guardian, or custodian; 94.8 (2)(i) has been a victim of physical or sexual abuse, or 94.9 (ii) resides with or has resided with a victim of domestic child 94.10 abuse as defined in subdivision 24, (iii) resides with or would 94.11 reside with a perpetrator of domestic child abuse or child abuse 94.12 as defined in subdivision 28, or (iv) is a victim of emotional 94.13 maltreatment as defined in subdivision 5a; 94.14 (3) is without necessary food, clothing, shelter, 94.15 education, or other required care for the child's physical or 94.16 mental health or morals because the child's parent, guardian, or 94.17 custodian is unable or unwilling to provide that care; 94.18 (4) is without the special care made necessary by a 94.19 physical, mental, or emotional condition because the child's 94.20 parent, guardian, or custodian is unable or unwilling to provide 94.21 that care; 94.22 (5) is medically neglected, which includes, but is not 94.23 limited to, the withholding of medically indicated treatment 94.24 from a disabled infant with a life-threatening condition. The 94.25 term "withholding of medically indicated treatment" means the 94.26 failure to respond to the infant's life-threatening conditions 94.27 by providing treatment, including appropriate nutrition, 94.28 hydration, and medication which, in the treating physician's or 94.29 physicians' reasonable medical judgment, will be most likely to 94.30 be effective in ameliorating or correcting all conditions, 94.31 except that the term does not include the failure to provide 94.32 treatment other than appropriate nutrition, hydration, or 94.33 medication to an infant when, in the treating physician's or 94.34 physicians' reasonable medical judgment: 94.35 (i) the infant is chronically and irreversibly comatose; 94.36 (ii) the provision of the treatment would merely prolong 95.1 dying, not be effective in ameliorating or correcting all of the 95.2 infant's life-threatening conditions, or otherwise be futile in 95.3 terms of the survival of the infant; or 95.4 (iii) the provision of the treatment would be virtually 95.5 futile in terms of the survival of the infant and the treatment 95.6 itself under the circumstances would be inhumane; 95.7 (6) is one whose parent, guardian, or other custodian for 95.8 good cause desires to be relieved of the child's care and 95.9 custody; 95.10 (7) has been placed for adoption or care in violation of 95.11 law; 95.12 (8) is without proper parental care because of the 95.13 emotional, mental, or physical disability, or state of 95.14 immaturity of the child's parent, guardian, or other custodian; 95.15 (9) is one whose behavior, condition, or environment is 95.16 such as to be injurious or dangerous to the child or others. An 95.17 injurious or dangerous environment may include, but is not 95.18 limited to, the exposure of a child to criminal activity in the 95.19 child's home; 95.20 (10) has committed a delinquent act before becoming ten 95.21 years old; 95.22 (11) is a runaway; 95.23 (12) is an habitual truant; or95.24 (13) has been found incompetent to proceed or has been 95.25 found not guilty by reason of mental illness or mental 95.26 deficiency in connection with a delinquency proceeding, a 95.27 certification under section 260.125, an extended jurisdiction 95.28 juvenile prosecution, or a proceeding involving a juvenile petty 95.29 offense; or 95.30 (14) is one whose custodial parent's parental rights to 95.31 another child have been involuntarily terminated within the past 95.32 five years. 95.33 Sec. 16. Minnesota Statutes 1996, section 260.015, 95.34 subdivision 29, is amended to read: 95.35 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 95.36 infliction of bodily harm to a child or neglect of a child which 96.1 demonstrates a grossly inadequate ability to provide minimally 96.2 adequate parental care. The egregious harm need not have 96.3 occurred in the state or in the county where a termination of 96.4 parental rights action is otherwise properly venued. Egregious 96.5 harm includes, but is not limited to: 96.6 (1) conduct towards a child that constitutes a violation of 96.7 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 96.8 any other similar law of the United States orany other state; 96.9 (2) the infliction of "substantial bodily harm" to a child, 96.10 as defined in section 609.02, subdivision 8; 96.11 (3) conduct towards a child that constitutes felony 96.12 malicious punishment of a child under section 609.377; 96.13 (4) conduct towards a child that constitutes felony 96.14 unreasonable restraint of a child under section 609.255, 96.15 subdivision 3; 96.16 (5) conduct towards a child that constitutes felony neglect 96.17 or endangerment of a child under section 609.378; 96.18 (6) conduct towards a child that constitutes assault under 96.19 section 609.221, 609.222, or 609.223; 96.20 (7) conduct towards a child that constitutes solicitation, 96.21 inducement, or promotion of prostitution under section 609.322; 96.22 or96.23 (8) conduct towards a child that constitutes receiving 96.24 profit derived from prostitution under section 609.323; or 96.25 (9) conduct toward a child that constitutes a violation of 96.26 United States Code, title 18, section 1111(a) or 1112(a). 96.27 Sec. 17. Minnesota Statutes 1996, section 260.131, 96.28 subdivision 1, is amended to read: 96.29 Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) Any 96.30 reputable person, including but not limited to any agent of the 96.31 commissioner of human services, having knowledge of a child in 96.32 this state or of a child who is a resident of this state, who 96.33 appears to be delinquent, in need of protection or services, or 96.34 neglected and in foster care, may petition the juvenile court in 96.35 the manner provided in this section. 96.36 (b) A petition for a child in need of protection filed by 97.1 an individual who is not a county attorney or an agent of the 97.2 commissioner of human services shall be filed on a form 97.3 developed by the state court administrator and provided to court 97.4 administrators. Copies of the form may be obtained from the 97.5 court administrator in each county. The court administrator 97.6 shall review the petition before it is filed to determine that 97.7 it is completed. The court administrator may reject the 97.8 petition if it does not indicate that the petitioner has 97.9 contacted the local social service agency. 97.10 An individual may file a petition under this subdivision 97.11 without seeking internal review of the local social service 97.12 agency's decision. The court shall determine whether there is 97.13 probable cause to believe that a need for protection or services 97.14 exists before the matter is set for hearing. If the matter is 97.15 set for hearing, the court administrator shall notify the local 97.16 social service agency by sending notice to the county attorney. 97.17 The petition must contain: 97.18 (1) a statement of facts that would establish, if proven, 97.19 that there is a need for protection or services for the child 97.20 named in the petition; 97.21 (2) a statement that petitioner has reported the 97.22 circumstances underlying the petition to the local social 97.23 service agency, and protection or services were not provided to 97.24 the child; 97.25 (3) a statement whether there are existing juvenile or 97.26 family court custody orders or pending proceedings in juvenile 97.27 or family court concerning the child; and 97.28 (4) a statement of the relationship of the petitioner to 97.29 the child and any other parties. 97.30 The court may not allow a petition to proceed under this 97.31 paragraph if it appears that the sole purpose of the petition is 97.32 to modify custody between the parents. 97.33 Sec. 18. Minnesota Statutes 1996, section 260.131, 97.34 subdivision 2, is amended to read: 97.35 Subd. 2. The petition shall be verified by the person 97.36 having knowledge of the facts and may be on information and 98.1 belief. Unless otherwise provided by this section or by rule or 98.2 order of the court, the county attorney shall draft the petition 98.3 upon the showing of reasonable grounds to support the petition. 98.4 Sec. 19. Minnesota Statutes 1996, section 260.155, 98.5 subdivision 1a, is amended to read: 98.6 Subd. 1a. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 98.7 who is the subject of a petition, and the parents, guardian, or 98.8 lawfullegal custodian of the child have the right to 98.9 participate in all proceedings on a petition. Official tribal 98.10 representatives have the right to participate in any proceeding 98.11 that is subject to the Indian Child Welfare Act of 1978, United 98.12 States Code, title 25, sections 1901 to 1963. 98.13 Any grandparent of the child has a right to participate in 98.14 the proceedings to the same extent as a parent, if the child has 98.15 lived with the grandparent within the two years preceding the 98.16 filing of the petition. At the first hearing following the 98.17 filing of a petition, the court shall ask whether the child has 98.18 lived with a grandparent within the last two years, except that 98.19 the court need not make this inquiry if the petition states that 98.20 the child did not live with a grandparent during this time 98.21 period. Failure to notify a grandparent of the proceedings is 98.22 not a jurisdictional defect. 98.23 If, in a proceeding involving a child in need of protection 98.24 or services, the local social service agency recommends transfer 98.25 of permanent legal and physical custody to a relative, the 98.26 relative has a right to participate as a party, and thereafter 98.27 shall receive notice of any hearing in the proceedings. The 98.28 relative has a right to counsel for proceedings on the permanent 98.29 placement and the court shall appoint counsel at public expense 98.30 if they are unable to afford counsel. After placement, the 98.31 relative does not have a right to counsel appointed at public 98.32 expense in any subsequent proceeding to modify the permanent 98.33 placement. 98.34 Sec. 20. Minnesota Statutes 1996, section 260.155, 98.35 subdivision 2, is amended to read: 98.36 Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 99.1 guardian or custodian has the right to effective assistance of 99.2 counsel in connection with a proceeding in juvenile court. This 99.3 right does not apply to a child who is charged with a juvenile 99.4 petty offense as defined in section 260.015, subdivision 21, 99.5 unless the child is charged with a third or subsequent juvenile 99.6 alcohol or controlled substance offense and may be subject to 99.7 the alternative disposition described in section 260.195, 99.8 subdivision 4. 99.9 (b) The court shall appoint counsel, or stand-by counsel if 99.10 the child waives the right to counsel, for a child who is: 99.11 (1) charged by delinquency petition with a gross 99.12 misdemeanor or felony offense; or 99.13 (2) the subject of a delinquency proceeding in which 99.14 out-of-home placement has been proposed. 99.15 (c) If they desire counsel but are unable to employ it, the 99.16 court shall appoint counsel to represent the child or the 99.17 parents or guardian in any case in which it feels that such an 99.18 appointment is desirableappropriate, except a juvenile petty 99.19 offender who does not have the right to counsel under paragraph 99.20 (a). 99.21 (d) Counsel for the child shall not also act as the child's 99.22 guardian ad litem. 99.23 (e) In any proceeding where the subject of a petition for a 99.24 child in need of protection or services is not represented by an 99.25 attorney, the court shall determine the child's preferences 99.26 regarding the proceedings, if the child is of suitable age to 99.27 express a preference. 99.28 Sec. 21. Minnesota Statutes 1996, section 260.155, 99.29 subdivision 3, is amended to read: 99.30 Subd. 3. [COUNTY ATTORNEY.] Except in adoption 99.31 proceedings, the county attorney shall present the evidence upon 99.32 request of the court. In representing the agency, the county 99.33 attorney shall also have the responsibility for advancing the 99.34 public interest in the welfare of the child. 99.35 Sec. 22. Minnesota Statutes 1996, section 260.155, 99.36 subdivision 4, is amended to read: 100.1 Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint 100.2 a guardian ad litem to protect the interests of the minor when 100.3 it appears, at any stage of the proceedings, that the minor is 100.4 without a parent or guardian, or that the minor's parent is a 100.5 minor or incompetent, or that the parent or guardian is 100.6 indifferent or hostile to the minor's interests, and in every 100.7 proceeding alleging a child's need for protection or services 100.8 under section 260.015, subdivision 2a , clauses (1) to (10). In 100.9 any other case the court may appoint a guardian ad litem to 100.10 protect the interests of the minor when the court feels that 100.11 such an appointment is desirable. The court shall appoint the 100.12 guardian ad litem on its own motion or in the manner provided 100.13 for the appointment of a guardian ad litem in the district 100.14 court. The court may appoint separate counsel for the guardian 100.15 ad litem if necessary. 100.16 (b) A guardian ad litem shall carry out the following 100.17 responsibilities: 100.18 (1) conduct an independent investigation to determine the 100.19 facts relevant to the situation of the child and the family, 100.20 which must include, unless specifically excluded by the court, 100.21 reviewing relevant documents; meeting with and observing the 100.22 child in the home setting and considering the child's wishes, as 100.23 appropriate; and interviewing parents, caregivers, and others 100.24 with knowledge relevant to the case; 100.25 (2) advocate for the child's best interests by 100.26 participating in appropriate aspects of the case and advocating 100.27 for appropriate community services when necessary; 100.28 (3) maintain the confidentiality of information related to 100.29 a case, with the exception of sharing information as permitted 100.30 by law to promote cooperative solutions that are in the best 100.31 interests of the child; 100.32 (4) monitor the child's best interests throughout the 100.33 judicial proceeding; and 100.34 (5) present written reports on the child's best interests 100.35 that include conclusions and recommendations and the facts upon 100.36 which they are based. 101.1 (c) The court may waive the appointment of a guardian ad 101.2 litem pursuant to clause (a), whenever counsel has been 101.3 appointed pursuant to subdivision 2 or is retained otherwise, 101.4 and the court is satisfied that the interests of the minor are 101.5 protected. 101.6 (d) In appointing a guardian ad litem pursuant to clause 101.7 (a), the court shall not appoint the party, or any agent or 101.8 employee thereof, filing a petition pursuant to section 260.131. 101.9 (e) The following factors shall be considered when 101.10 appointing a guardian ad litem in a case involving an Indian or 101.11 minority child: 101.12 (1) whether a person is available who is the same racial or 101.13 ethnic heritage as the child or, if that is not possible; 101.14 (2) whether a person is available who knows and appreciates 101.15 the child's racial or ethnic heritage. 101.16 Sec. 23. Minnesota Statutes 1996, section 260.155, 101.17 subdivision 8, is amended to read: 101.18 Subd. 8. [WAIVER.] (a) Waiver of any right which a child 101.19 has under this chapter must be an express waiver voluntarily and 101.20 intelligently made by the child after the child has been fully 101.21 and effectively informed of the right being waived. If a child 101.22 is under 12 years of age, the child's parent, guardian or101.23 custodian shall give any waiver or offer any objection101.24 contemplated by this chapternot represented by counsel, any 101.25 waiver must be given or any objection must be offered by the 101.26 child's guardian ad litem. 101.27 (b) Waiver of a child's right to be represented by counsel 101.28 provided under the juvenile court rules must be an express 101.29 waiver voluntarily and intelligently made by the child after the 101.30 child has been fully and effectively informed of the right being 101.31 waived. In determining whether a child has voluntarily and 101.32 intelligently waived the right to counsel, the court shall look 101.33 to the totality of the circumstances which includes but is not 101.34 limited to the child's age, maturity, intelligence, education, 101.35 experience, and ability to comprehend, and the presence and 101.36 competence of the child's parents, guardian, or guardian ad 102.1 litem. If the court accepts the child's waiver, it shall state 102.2 on the record the findings and conclusions that form the basis 102.3 for its decision to accept the waiver. 102.4 Sec. 24. Minnesota Statutes 1996, section 260.161, is 102.5 amended by adding a subdivision to read: 102.6 Subd. 3a. [ATTORNEY ACCESS TO RECORDS.] An attorney 102.7 representing a child, parent, or guardian ad litem in a 102.8 proceeding under this chapter shall be given access to records, 102.9 local social service agency files, and reports which form the 102.10 basis of any recommendation made to the court. An attorney does 102.11 not have access under this subdivision to the identity of a 102.12 person who made a report under section 626.556. The court may 102.13 issue protective orders to prohibit an attorney from sharing a 102.14 specified record or portion of a record with a client other than 102.15 a guardian ad litem. 102.16 Sec. 25. Minnesota Statutes 1996, section 260.165, 102.17 subdivision 3, is amended to read: 102.18 Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 102.19 officer takes a child into custody for shelter care or relative 102.20 placement pursuant to subdivision 1; section 260.135, 102.21 subdivision 5; or section 260.145, the officer shall notify the 102.22 parent or custodian that under section 260.173, subdivision 2, 102.23 the parent or custodian may request that the child be placed 102.24 with a relative or a designated parent under chapter 257A 102.25 instead of in a shelter care facility. The officer also shall 102.26 give the parent or custodian of the child a list of names, 102.27 addresses, and telephone numbers of social service agencies that 102.28 offer child welfare services. If the parent or custodian was 102.29 not present when the child was removed from the residence, the 102.30 list shall be left with an adult on the premises or left in a 102.31 conspicuous place on the premises if no adult is present. If 102.32 the officer has reason to believe the parent or custodian is not 102.33 able to read and understand English, the officer must provide a 102.34 list that is written in the language of the parent or 102.35 custodian. The list shall be prepared by the commissioner of 102.36 human services. The commissioner shall prepare lists for each 103.1 county and provide each county with copies of the list without 103.2 charge. The list shall be reviewed annually by the commissioner 103.3 and updated if it is no longer accurate. Neither the 103.4 commissioner nor any peace officer or the officer's employer 103.5 shall be liable to any person for mistakes or omissions in the 103.6 list. The list does not constitute a promise that any agency 103.7 listed will in fact assist the parent or custodian. 103.8 Sec. 26. Minnesota Statutes 1996, section 260.191, 103.9 subdivision 3a, is amended to read: 103.10 Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 103.11 the court places a child in a residential facility, as defined 103.12 in section 257.071, subdivision 1, the court shall review the 103.13 out-of-home placement at least every six months to determine 103.14 whether continued out-of-home placement is necessary and 103.15 appropriate or whether the child should be returned home. The 103.16 court shall review agency efforts pursuant to section 257.072, 103.17 subdivision 1, and order that the efforts continue if the agency 103.18 has failed to perform the duties under that section. The court 103.19 shall review the case plan and may modify the case plan as 103.20 provided under subdivisions 1e and 2. If the court orders 103.21 continued out-of-home placement, the court shall notify the 103.22 parents of the provisions of subdivision 3b. 103.23 (b) When the court determines that a permanent placement 103.24 hearing is necessary because there is a likelihood that the 103.25 child will not return to a parent's care, the court may 103.26 authorize the agency with custody of the child to send the 103.27 notice provided in this paragraph to any adult with whom the 103.28 child is currently residing, any adult with whom the child has 103.29 resided for one year or longer in the past, any adult who has 103.30 maintained a relationship or exercised visitation with the child 103.31 as identified in the agency case plan for the child or 103.32 demonstrated an interest in the child, and any relative who has 103.33 provided a current address to the local social service agency. 103.34 This notice must not be provided to a parent whose parental 103.35 rights to the child have been terminated under section 260.221, 103.36 subdivision 1. The notice must state that a permanent home is 104.1 sought for the child and that individuals receiving the notice 104.2 may indicate to the agency within 30 days their interest in 104.3 providing a permanent home. 104.4 Sec. 27. Minnesota Statutes 1996, section 260.191, 104.5 subdivision 3b, is amended to read: 104.6 Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 104.7 PLACEMENT DETERMINATION.] (a) If the court places a child in a104.8 residential facility, as defined in section 257.071, subdivision104.9 1,The court shall conduct a hearing to determine the permanent 104.10 status of thea child not later than 12 months after the child 104.11 wasis placed out of the home of the parent. 104.12 For purposes of this subdivision, the date of the child's 104.13 placement out of the home of the parent is the earlier of the 104.14 first court-ordered placement or the first court approved 104.15 placement under section 257.071, subdivision 3, of a child who 104.16 had been in voluntary placement. 104.17 For purposes of this subdivision, 12 months is calculated 104.18 as follows: 104.19 (1) during the pendency of a petition alleging that a child 104.20 is in need of protection or services, all time periods a child 104.21 is placed out of the home of the parent are cumulated; 104.22 (2) if a child has been placed out of the home of the 104.23 parent within the previous five years in connection with one or 104.24 more prior petitions for a child in need of protection or 104.25 services, the length of all prior time periods the child was 104.26 placed out of the home within the previous five years and under 104.27 the current petition, are cumulated. If a child under this 104.28 clause has been out of the home for 12 months or more, the 104.29 court, if it is in the best interests of the child, may extend 104.30 the total time the child may continue out of the home under the 104.31 current petition up to an additional six months before making a 104.32 permanency determination. 104.33 (b) Not later than ten days prior to this hearing, the 104.34 responsible social service agency shall file pleadings to 104.35 establish the basis for the permanent placement determination. 104.36 Notice of the hearing and copies of the pleadings must be 105.1 provided pursuant to section 260.141. If a termination of 105.2 parental rights petition is filed before the date required for 105.3 the permanency planning determination, no hearing need be 105.4 conducted under this sectionsubdivision. The court shall 105.5 determine whether the child is to be returned home or, if not, 105.6 what permanent placement is consistent with the child's best 105.7 interests. The "best interests of the child" means all relevant 105.8 factors to be considered and evaluated. 105.9 (c) If the child is not returned to the home, the 105.10 dispositions available for permanent placement determination are: 105.11 (1) permanent legal and physical custody to a relative 105.12 pursuant to the standards and procedures applicable under105.13 chapter 257 or 518in the best interests of the child. The 105.14 social service agency may petition on behalf of the proposed 105.15 custodian; 105.16 (2) termination of parental rights and adoption; the social 105.17 service agency shall file a petition for termination of parental 105.18 rights under section 260.231 and all the requirements of 105.19 sections 260.221 to 260.245 remain applicable. An adoption 105.20 ordered under this subdivision may include an agreement for 105.21 communication or contact under section 259.58; or105.22 (3) long-term foster care; transfer of legal custody and 105.23 adoption are preferred permanency options for a child who cannot 105.24 return home. The court may order a child into long-term foster 105.25 care only if it finds that neither an award of legal and 105.26 physical custody to a relative, nor termination of parental 105.27 rights nor adoption is in the child's best interests. Further, 105.28 the court may only order long-term foster care for the child 105.29 under this section if it finds the following: 105.30 (i) the child has reached age 12 and reasonable efforts by 105.31 the responsible social service agency have failed to locate an 105.32 adoptive family for the child; or 105.33 (ii) the child is a sibling of a child described in clause 105.34 (i) and the siblings have a significant positive relationship 105.35 and are ordered into the same long-term foster care home .; or 105.36 (4) foster care for a specified period of time may be 106.1 ordered only if: 106.2 (i) the sole basis for an adjudication that a child is in 106.3 need of protection or services is that the child is a runaway, 106.4 is an habitual truant, or committed a delinquent act before age 106.5 ten; and 106.6 (ii) the court finds that foster care for a specified 106.7 period of time is in the best interests of the child. 106.8 (b) The court may extend the time period for determination106.9 of permanent placement to 18 months after the child was placed106.10 in a residential facility if:106.11 (1) there is a substantial probability that the child will106.12 be returned home within the next six months;106.13 (2) the agency has not made reasonable, or, in the case of106.14 an Indian child, active efforts, to correct the conditions that106.15 form the basis of the out-of-home placement; or106.16 (3) extraordinary circumstances exist precluding a106.17 permanent placement determination, in which case the court shall106.18 make written findings documenting the extraordinary106.19 circumstances and order one subsequent review after six months106.20 to determine permanent placement. A court finding that106.21 extraordinary circumstances exist precluding a permanent106.22 placement determination must be supported by detailed factual106.23 findings regarding those circumstances.106.24 (c)(d) In ordering a permanent placement of a child, the 106.25 court must be governed by the best interests of the child, 106.26 including a review of the relationship between the child and 106.27 relatives and the child and other important persons with whom 106.28 the child has resided or had significant contact. 106.29 (d)(e) Once a permanent placement determination has been 106.30 made and permanent placement has been established, further 106.31 reviews are only necessary if the placement is made under 106.32 paragraph (c), clause (4), review is otherwise required by 106.33 federal law, an adoption has not yet been finalized, or there is 106.34 a disruption of the permanent or long-term placement. If 106.35 required, reviews must take place no less frequently than every 106.36 six months. 107.1 (e)(f) An order under this subdivision must include the 107.2 following detailed findings: 107.3 (1) how the child's best interests are served by the order; 107.4 (2) the nature and extent of the responsible social service 107.5 agency's reasonable efforts, or, in the case of an Indian child, 107.6 active efforts, to reunify the child with the parent or parents; 107.7 (3) the parent's or parents' efforts and ability to use 107.8 services to correct the conditions which led to the out-of-home 107.9 placement; 107.10 (4) whether the conditions which led to the out-of-home 107.11 placement have been corrected so that the child can return home; 107.12 and 107.13 (5) if the child cannot be returned home, whether there is 107.14 a substantial probability of the child being able to return home 107.15 in the next six months. 107.16 (f)(g) An order for permanent legal and physical custody 107.17 of a child may be modified under sections 518.18 and 518.185. 107.18 The social service agency is a party to the proceeding and must 107.19 receive notice. An order for long-term foster care is 107.20 reviewable upon motion and a showing by the parent of a 107.21 substantial change in the parent's circumstances such that the 107.22 parent could provide appropriate care for the child and that 107.23 removal of the child from the child's permanent placement and 107.24 the return to the parent's care would be in the best interest of 107.25 the child. 107.26 Sec. 28. Minnesota Statutes 1996, section 260.191, 107.27 subdivision 4, is amended to read: 107.28 Subd. 4. [CONTINUANCE OF CASE.] WhenIf it is in the best 107.29 interests of the child or the child's parentsto do so and when107.30 eitherif the allegations contained in the petition have been 107.31 admitted, or when a hearing has been held as provided in section 107.32 260.155 and the allegations contained in the petition have been 107.33 duly proven, before the entry of a finding of need for 107.34 protection or services or a finding that a child is neglected 107.35 and in foster care has been entered, the court may continue the 107.36 case for a period not to exceed 90 days on any one order. Such108.1 a continuance may be extended for one additional successive108.2 period not to exceed 90 days and only after the court has108.3 reviewed the case and entered its order for an additional108.4 continuance without a finding that the child is in need of108.5 protection or services or neglected and in foster care. During108.6 this continuance the court may enter any order otherwise108.7 permitted under the provisions of this section.Following the 108.8 90-day continuance: 108.9 (1) if both the parent and child have complied with the 108.10 terms of the continuance, the case must be dismissed without an 108.11 adjudication that the child is in need of protection or services 108.12 or that the child is neglected and in foster care; or 108.13 (2) if either the parent or child has not complied with the 108.14 terms of the continuance, the court shall adjudicate the child 108.15 in need of protection or services or neglected and in foster 108.16 care. 108.17 Sec. 29. Minnesota Statutes 1996, section 260.192, is 108.18 amended to read: 108.19 260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 108.20 Upon a petition for review of the foster care status of a 108.21 child, the court may: 108.22 (a) In the case of a petition required to be filed under 108.23 section 257.071, subdivision 3, find that the child's needs are 108.24 being met, that the child's placement in foster care is in the 108.25 best interests of the child, and that the child will be returned 108.26 home in the next six months, in which case the court shall 108.27 approve the voluntary arrangement and continue the matter for 108.28 six months to assure the child returns to the parent's home. 108.29 (b) In the case of a petition required to be filed under 108.30 section 257.071, subdivision 4, find that the child's needs are 108.31 being met and that the child's placement in foster care is in 108.32 the best interests of the child, in which case the court shall 108.33 approve the voluntary arrangement. The court shall order the 108.34 social service agency responsible for the placement to bring a 108.35 petition under section 260.131, subdivision 1 or 1a, as 108.36 appropriate, within two years12 months. 109.1 (c) Find that the child's needs are not being met, in which 109.2 case the court shall order the social service agency or the 109.3 parents to take whatever action is necessary and feasible to 109.4 meet the child's needs, including, when appropriate, the 109.5 provision by the social service agency of services to the 109.6 parents which would enable the child to live at home, and order 109.7 a disposition under section 260.191. 109.8 (d) Find that the child has been abandoned by parents 109.9 financially or emotionally, or that the developmentally disabled 109.10 child does not require out-of-home care because of the 109.11 handicapping condition, in which case the court shall order the 109.12 social service agency to file an appropriate petition pursuant 109.13 to sections 260.131, subdivision 1, or 260.231. 109.14 Nothing in this section shall be construed to prohibit 109.15 bringing a petition pursuant to section 260.131, subdivision 1 109.16 or 2, sooner than required by court order pursuant to this 109.17 section. 109.18 Sec. 30. Minnesota Statutes 1996, section 260.221, 109.19 subdivision 1, is amended to read: 109.20 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 109.21 court may upon petition, terminate all rights of a parent to a 109.22 child in the following cases: 109.23 (a) With the written consent of a parent who for good cause 109.24 desires to terminate parental rights; or 109.25 (b) If it finds that one or more of the following 109.26 conditions exist: 109.27 (1) that the parent has abandoned the child. Abandonment 109.28 is presumed when: 109.29 (i) the parent has had no contact with the child on a 109.30 regular basis and no demonstrated, consistent interest in the 109.31 child's well-being for six months; and 109.32 (ii) the social service agency has made reasonable efforts 109.33 to facilitate contact, unless the parent establishes that an 109.34 extreme financial or physical hardship or treatment for mental 109.35 disability or chemical dependency or other good cause prevented 109.36 the parent from making contact with the child. This presumption 110.1 does not apply to children whose custody has been determined 110.2 under chapter 257 or 518. The court is not prohibited from 110.3 finding abandonment in the absence of this presumption; or 110.4 (2) that the parent has substantially, continuously, or 110.5 repeatedly refused or neglected to comply with the duties 110.6 imposed upon that parent by the parent and child relationship, 110.7 including but not limited to providing the child with necessary 110.8 food, clothing, shelter, education, and other care and control 110.9 necessary for the child's physical, mental, or emotional health 110.10 and development, if the parent is physically and financially 110.11 able, and reasonable efforts by the social service agency have 110.12 failed to correct the conditions that formed the basis of the 110.13 petition; or 110.14 (3) that a parent has been ordered to contribute to the 110.15 support of the child or financially aid in the child's birth and 110.16 has continuously failed to do so without good cause. This 110.17 clause shall not be construed to state a grounds for termination 110.18 of parental rights of a noncustodial parent if that parent has 110.19 not been ordered to or cannot financially contribute to the 110.20 support of the child or aid in the child's birth; or 110.21 (4) that a parent is palpably unfit to be a party to the 110.22 parent and child relationship because of a consistent pattern of 110.23 specific conduct before the child or of specific conditions 110.24 directly relating to the parent and child relationship either of 110.25 which are determined by the court to be of a duration or nature 110.26 that renders the parent unable, for the reasonably foreseeable 110.27 future, to care appropriately for the ongoing physical, mental, 110.28 or emotional needs of the child. It is presumed that a parent 110.29 is palpably unfit to be a party to the parent and child 110.30 relationship upon a showing that: 110.31 (i) the child was adjudicated in need of protection or 110.32 services due to circumstances described in section 260.015, 110.33 subdivision 2a, clause (1), (2), (3), (5), or (8); and 110.34 (ii) within the three-year period immediately prior to that110.35 adjudication,the parent's parental rights to one or more other 110.36 children were involuntarily terminated under clause (1), (2), 111.1 (4), or (7), or under clause (5) if the child was initially 111.2 determined to be in need of protection or services due to 111.3 circumstances described in section 260.015, subdivision 2a, 111.4 clause (1), (2), (3), (5), or (8); or 111.5 (5) that following upon a determination of neglect or 111.6 dependency, or of a child's need for protection or services, 111.7 reasonable efforts, under the direction of the court, have 111.8 failed to correct the conditions leading to the determination. 111.9 It is presumed that reasonable efforts under this clause have 111.10 failed upon a showing that: 111.11 (i) a child has resided out of the parental home under 111.12 court order for a cumulative period of more than one year within 111.13 a five-year period following an adjudication of dependency, 111.14 neglect, need for protection or services under section 260.015, 111.15 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 111.16 neglected and in foster care, and an order for disposition under 111.17 section 260.191, including adoption of the case plan required by 111.18 section 257.071; 111.19 (ii) conditions leading to the determination will not be 111.20 corrected within the reasonably foreseeable future. It is 111.21 presumed that conditions leading to a child's out-of-home 111.22 placement will not be corrected in the reasonably foreseeable 111.23 future upon a showing that the parent or parents have not 111.24 substantially complied with the court's orders and a reasonable 111.25 case plan, and the conditions which led to the out-of-home 111.26 placement have not been corrected; and 111.27 (iii) reasonable efforts have been made by the social 111.28 service agency to rehabilitate the parent and reunite the family. 111.29 This clause does not prohibit the termination of parental 111.30 rights prior to one year after a child has been placed out of 111.31 the home. 111.32 It is also presumed that reasonable efforts have failed 111.33 under this clause upon a showing that: 111.34 (i) the parent has been diagnosed as chemically dependent 111.35 by a professional certified to make the diagnosis; 111.36 (ii) the parent has been required by a case plan to 112.1 participate in a chemical dependency treatment program; 112.2 (iii) the treatment programs offered to the parent were 112.3 culturally, linguistically, and clinically appropriate; 112.4 (iv) the parent has either failed two or more times to 112.5 successfully complete a treatment program or has refused at two 112.6 or more separate meetings with a caseworker to participate in a 112.7 treatment program; and 112.8 (v) the parent continues to abuse chemicals. 112.9 Provided, that this presumption applies only to parents required 112.10 by a case plan to participate in a chemical dependency treatment 112.11 program on or after July 1, 1990; or 112.12 (6) that a child has experienced egregious harm in the 112.13 parent's care which is of a nature, duration, or chronicity that 112.14 indicates a lack of regard for the child's well-being, such that 112.15 a reasonable person would believe it contrary to the best 112.16 interest of the child or of any child to be in the parent's 112.17 care; or 112.18 (7) that in the case of a child born to a mother who was 112.19 not married to the child's father when the child was conceived 112.20 nor when the child was born the person is not entitled to notice 112.21 of an adoption hearing under section 259.49 and either the 112.22 person has not filed a notice of intent to retain parental 112.23 rights under section 259.51 or that the notice has been 112.24 successfully challenged; or112.25 (8) that the child is neglected and in foster care. 112.26 In an action involving an American Indian child, sections 257.35 112.27 to 257.3579 and the Indian Child Welfare Act, United States 112.28 Code, title 25, sections 1901 to 1923, control to the extent 112.29 that the provisions of this section are inconsistent with those 112.30 laws; or 112.31 (9) that the parent has been convicted of a crime listed in 112.32 section 260.012, paragraph (b), clauses (1) to (3). 112.33 Sec. 31. Minnesota Statutes 1996, section 260.221, 112.34 subdivision 5, is amended to read: 112.35 Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 112.36 proceeding under this section, the court shall make specific 113.1 findings: 113.2 (1) regarding the nature and extent of efforts made by the 113.3 social service agency to rehabilitate the parent and reunite the 113.4 family .; 113.5 (2) that provision of services or further services for the 113.6 purpose of rehabilitation and reunification is futile and 113.7 therefore unreasonable under the circumstances; or 113.8 (3) that reunification is not required because the parent 113.9 has been convicted of a crime listed in section 260.012, 113.10 paragraph (b), clauses (1) to (3). 113.11 Sec. 32. Minnesota Statutes 1996, section 260.241, 113.12 subdivision 1, is amended to read: 113.13 Subdivision 1. If, after a hearing, the court finds by 113.14 clear and convincing evidence that one or more of the conditions 113.15 set out in section 260.221 exist, it may terminate parental 113.16 rights. Upon the termination of parental rights all rights, 113.17 powers, privileges, immunities, duties, and obligations, 113.18 including any rights to custody, control, visitation, or support 113.19 existing between the child and parent shall be severed and 113.20 terminated and the parent shall have no standing to appear at 113.21 any further legal proceeding concerning the child. Provided, 113.22 however, that a parent whose parental rights are terminated: 113.23 (1) shall remain liable for the unpaid balance of any 113.24 support obligation owed under a court order upon the effective 113.25 date of the order terminating parental rights; and 113.26 (2) may be a party to a communication or contact agreement 113.27 under section 259.58. 113.28 Sec. 33. Minnesota Statutes 1996, section 260.241, 113.29 subdivision 3, is amended to read: 113.30 Subd. 3. (a) A certified copy of the findings and the 113.31 order terminating parental rights, and a summary of the court's 113.32 information concerning the child shall be furnished by the court 113.33 to the commissioner or the agency to which guardianship is 113.34 transferred. The orders shall be on a document separate from 113.35 the findings. The court shall furnish the individual to whom 113.36 guardianship is transferred a copy of the order terminating 114.1 parental rights. 114.2 (b) The court shall retain jurisdiction in a case where 114.3 adoption is the intended permanent placement disposition. The 114.4 guardian ad litem and counsel for the child shall continue on 114.5 the case until an adoption decree is entered. A hearing must be 114.6 held every 90 days following termination of parental rights for 114.7 the court to review progress toward an adoptive placement. 114.8 (c) The court shall retain jurisdiction in a case where 114.9 long-term foster care is the permanent disposition. The 114.10 guardian ad litem and counsel for the child must be dismissed 114.11 from the case on the effective date of the permanent placement 114.12 order. However, the foster parent and the child, if of 114.13 sufficient age, must be informed how they may contact a guardian 114.14 ad litem if the matter is subsequently returned to court. 114.15 Sec. 34. [UNIFORM PRIVATE CHIPS PETITION.] 114.16 The state court administrator shall prepare and make 114.17 available to court administrators in each county the private 114.18 CHIPS petition form required by Minnesota Statutes, section 114.19 260.131, subdivision 1. 114.20 Sec. 35. [JUVENILE CODE RECODIFICATION.] 114.21 The revisor of statutes shall reorganize Minnesota 114.22 Statutes, chapter 260, and other laws relating to child 114.23 protection and child welfare services to create separate, 114.24 comprehensible areas of law dealing with child protection and 114.25 delinquency in the form of a bill for introduction at the 1998 114.26 regular legislative session. 114.27 Sec. 36. [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 114.28 The commissioner of human services shall explore strategies 114.29 and incentives to facilitate recruitment of foster and adoptive 114.30 families. The commissioner shall report to the supreme court 114.31 and the chairs of the committees on the judiciary and on health 114.32 and human services in the house of representatives and the 114.33 senate by February 1, 1998, on an action proposal and whether 114.34 any legislation is needed to implement it. 114.35 Sec. 37. [COURT CONTINUITY AND CASE MANAGEMENT.] 114.36 The chief judges of the district courts, in consultation 115.1 with the state court administrator, shall develop case 115.2 management systems so that one judge hears all phases of a 115.3 proceeding on a child in need of protection or services, 115.4 including permanent placement or adoption, if any. The chief 115.5 judges shall consider the "one judge, one family" model and the 115.6 experience of the Ramsey county pilot project. 115.7 Sec. 38. [SOCIAL SERVICE CONTINUITY.] 115.8 Whenever feasible, managers and directors of local social 115.9 service agencies should promote continuity and reduce delays in 115.10 a case by assigning one person until it concludes in 115.11 reunification or a permanent placement plan. 115.12 Sec. 39. [REPEALER.] 115.13 Minnesota Statutes 1996, section 259.33, is repealed. 115.14 Sec. 40. [EFFECTIVE DATE; APPLICATION.] 115.15 Section 1, subdivisions 1 and 2, are effective the day 115.16 following final enactment. 115.17 Section 1, subdivisions 3 to 8, are effective July 1, 1997. 115.18 Section 27, paragraph (a), clause (2), applies to children 115.19 who were first placed outside the home on or after August 1, 115.20 1995. 115.21 ARTICLE 7 115.22 CRIME VICTIMS 115.23 Section 1. Minnesota Statutes 1996, section 169.042, 115.24 subdivision 1, is amended to read: 115.25 Subdivision 1. [NOTIFICATION.] AThe law enforcement 115.26 agency that originally received the report of a vehicle theft 115.27 shall make a reasonable and good-faith effort to notify the 115.28 victim of athe reported vehicle theft within 48 hours after the115.29 agency recovers the vehiclerecovering the vehicle or receiving 115.30 notification that the vehicle has been recovered. The notice 115.31 must specify when the recovering law enforcement agency expects 115.32 to release the vehicle to the owner and howwhere the owner may 115.33 pick up the vehicle. The law enforcement agency that recovers 115.34 the vehicle must promptly inform the agency that received the 115.35 theft report that the vehicle is recovered, where the vehicle is 115.36 located, and when the vehicle can be released to the owner. 116.1 Sec. 2. [TITLE.] 116.2 Sections 3, 4, 8, 9, 10, 12, 13, and 15 shall be known as 116.3 the "Alex and Brandon Frank Child Safety Act." 116.4 Sec. 3. Minnesota Statutes 1996, section 256F.09, 116.5 subdivision 2, is amended to read: 116.6 Subd. 2. [FUNDING.] The commissioner may award grants to 116.7 create or maintain family visitation centers. 116.8 In awarding grants to maintain a family visitation center, 116.9 the commissioner may award a grant to a center that can 116.10 demonstrate a 35 percent local match, provided the center is 116.11 diligently exploring and pursuing all available funding options 116.12 in an effort to become self-sustaining, and those efforts are 116.13 reported to the commissioner. 116.14 In awarding grants to create a family visitation center, 116.15 the commissioner shall give priority to: 116.16 (1) areas of the state where no other family visitation 116.17 center or similar facility exists; 116.18 (2) applicants who demonstrate that private funding for the 116.19 center is available and will continue; and 116.20 (3) facilities that are adapted for use to care for 116.21 children, such as day care centers, religious institutions, 116.22 community centers, schools, technical colleges, parenting 116.23 resource centers, and child care referral services. 116.24 In awarding grants to create or maintain a family 116.25 visitation center, the commissioner shall require the proposed 116.26 center to meet standards developed by the commissioner to ensure 116.27 the safety of the custodial parent and children. 116.28 Sec. 4. Minnesota Statutes 1996, section 256F.09, 116.29 subdivision 3, is amended to read: 116.30 Subd. 3. [ADDITIONAL SERVICES.] Each family visitation 116.31 center may provide parenting and child development classes, and 116.32 offer support groups to participating custodial parents and hold 116.33 regular classes designed to assist children who have experienced 116.34 domestic violence and abuse. Each family visitation center must 116.35 have available an individual knowledgeable about or experienced 116.36 in the provision of services to battered women on its staff, its 117.1 board of directors, or otherwise available to it for 117.2 consultation. 117.3 Sec. 5. Minnesota Statutes 1996, section 260.161, 117.4 subdivision 2, is amended to read: 117.5 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as 117.6 otherwise provided in this section, and except for legal records 117.7 arising from proceedings or portions of proceedings that are 117.8 public under section 260.155, subdivision 1, none of the records 117.9 of the juvenile court and none of the records relating to an 117.10 appeal from a nonpublic juvenile court proceeding, except the 117.11 written appellate opinion, shall be open to public inspection or 117.12 their contents disclosed except (a) by order of a court or, (b) 117.13 as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 117.14 629.73, or (c) the name of a juvenile who is the subject of a 117.15 delinquency petition shall be released to the victim of the 117.16 alleged delinquent act upon the victim's request; unless it 117.17 reasonably appears that release would interfere with the 117.18 prosecution of the petition or it reasonably appears that the 117.19 request is prompted by a desire on the part of the requester to 117.20 engage in unlawful activities. The records of juvenile 117.21 probation officers and county home schools are records of the 117.22 court for the purposes of this subdivision. Court services data 117.23 relating to delinquent acts that are contained in records of the 117.24 juvenile court may be released as allowed under section 13.84, 117.25 subdivision 5a. This subdivision applies to all proceedings 117.26 under this chapter, including appeals from orders of the 117.27 juvenile court, except that this subdivision does not apply to 117.28 proceedings under section 260.255, 260.261, or 260.315 when the 117.29 proceeding involves an adult defendant. The court shall 117.30 maintain the confidentiality of adoption files and records in 117.31 accordance with the provisions of laws relating to adoptions. 117.32 In juvenile court proceedings any report or social history 117.33 furnished to the court shall be open to inspection by the 117.34 attorneys of record and the guardian ad litem a reasonable time 117.35 before it is used in connection with any proceeding before the 117.36 court. 118.1 When a judge of a juvenile court, or duly authorized agent 118.2 of the court, determines under a proceeding under this chapter 118.3 that a child has violated a state or local law, ordinance, or 118.4 regulation pertaining to the operation of a motor vehicle on 118.5 streets and highways, except parking violations, the judge or 118.6 agent shall immediately report the violation to the commissioner 118.7 of public safety. The report must be made on a form provided by 118.8 the department of public safety and must contain the information 118.9 required under section 169.95. 118.10 Sec. 6. Minnesota Statutes 1996, section 260.161, 118.11 subdivision 3, is amended to read: 118.12 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 118.13 for records relating to an offense where proceedings are public 118.14 under section 260.155, subdivision 1, peace officers' records of 118.15 children who are or may be delinquent or who may be engaged in 118.16 criminal acts shall be kept separate from records of persons 18 118.17 years of age or older and are private data but shall be 118.18 disseminated: (1) by order of the juvenile court, (2) as 118.19 required by section 126.036, (3) as authorized under section 118.20 13.82, subdivision 2, (4) to the child or the child's parent or 118.21 guardian unless disclosure of a record would interfere with an 118.22 ongoing investigation, or(5) to the Minnesota crime victims 118.23 reparations board as required by section 611A.56, subdivision 2, 118.24 clause (f), for the purpose of processing claims for crime 118.25 victims reparations, or (6) as otherwise provided in this 118.26 subdivision. Except as provided in paragraph (c), no 118.27 photographs of a child taken into custody may be taken without 118.28 the consent of the juvenile court unless the child is alleged to 118.29 have violated section 169.121 or 169.129. Peace officers' 118.30 records containing data about children who are victims of crimes 118.31 or witnesses to crimes must be administered consistent with 118.32 section 13.82, subdivisions 2, 3, 4, and 10. Any person 118.33 violating any of the provisions of this subdivision shall be 118.34 guilty of a misdemeanor. 118.35 In the case of computerized records maintained about 118.36 juveniles by peace officers, the requirement of this subdivision 119.1 that records about juveniles must be kept separate from adult 119.2 records does not mean that a law enforcement agency must keep 119.3 its records concerning juveniles on a separate computer system. 119.4 Law enforcement agencies may keep juvenile records on the same 119.5 computer as adult records and may use a common index to access 119.6 both juvenile and adult records so long as the agency has in 119.7 place procedures that keep juvenile records in a separate place 119.8 in computer storage and that comply with the special data 119.9 retention and other requirements associated with protecting data 119.10 on juveniles. 119.11 (b) Nothing in this subdivision prohibits the exchange of 119.12 information by law enforcement agencies if the exchanged 119.13 information is pertinent and necessary to the requesting agency 119.14 in initiating, furthering, or completing a criminal 119.15 investigation. 119.16 (c) A photograph may be taken of a child taken into custody 119.17 pursuant to section 260.165, subdivision 1, clause (b), provided 119.18 that the photograph must be destroyed when the child reaches the 119.19 age of 19 years. The commissioner of corrections may photograph 119.20 juveniles whose legal custody is transferred to the 119.21 commissioner. Photographs of juveniles authorized by this 119.22 paragraph may be used only for institution management purposes, 119.23 case supervision by parole agents, and to assist law enforcement 119.24 agencies to apprehend juvenile offenders. The commissioner 119.25 shall maintain photographs of juveniles in the same manner as 119.26 juvenile court records and names under this section. 119.27 (d) Traffic investigation reports are open to inspection by 119.28 a person who has sustained physical harm or economic loss as a 119.29 result of the traffic accident. Identifying information on 119.30 juveniles who are parties to traffic accidents may be disclosed 119.31 as authorized under section 13.82, subdivision 4, and accident 119.32 reports required under section 169.09 may be released under 119.33 section 169.09, subdivision 13, unless the information would 119.34 identify a juvenile who was taken into custody or who is 119.35 suspected of committing an offense that would be a crime if 119.36 committed by an adult, or would associate a juvenile with the 120.1 offense, and the offense is not a minor traffic offense under 120.2 section 260.193. 120.3 (e) A law enforcement agency shall notify the principal or 120.4 chief administrative officer of a juvenile's school of an 120.5 incident occurring within the agency's jurisdiction if: 120.6 (1) the agency has probable cause to believe that the 120.7 juvenile has committed an offense that would be a crime if 120.8 committed as an adult, that the victim of the offense is a 120.9 student or staff member of the school, and that notice to the 120.10 school is reasonably necessary for the protection of the victim; 120.11 or 120.12 (2) the agency has probable cause to believe that the 120.13 juvenile has committed an offense described in subdivision 1b, 120.14 paragraph (a), clauses (1) to (3), that would be a crime if 120.15 committed by an adult, regardless of whether the victim is a 120.16 student or staff member of the school. 120.17 A law enforcement agency is not required to notify the 120.18 school under this paragraph if the agency determines that notice 120.19 would jeopardize an ongoing investigation. Notwithstanding 120.20 section 138.17, data from a notice received from a law 120.21 enforcement agency under this paragraph must be destroyed when 120.22 the juvenile graduates from the school or at the end of the 120.23 academic year when the juvenile reaches age 23, whichever date 120.24 is earlier. For purposes of this paragraph, "school" means a 120.25 public or private elementary, middle, or secondary school. 120.26 (f) In any county in which the county attorney operates or 120.27 authorizes the operation of a juvenile prepetition or pretrial 120.28 diversion program, a law enforcement agency or county attorney's 120.29 office may provide the juvenile diversion program with data 120.30 concerning a juvenile who is a participant in or is being 120.31 considered for participation in the program. 120.32 (g) Upon request of a local social service agency, peace 120.33 officer records of children who are or may be delinquent or who 120.34 may be engaged in criminal acts may be disseminated to the 120.35 agency to promote the best interests of the subject of the data. 120.36 (h) Upon written request, the prosecuting authority shall 121.1 release investigative data collected by a law enforcement agency 121.2 to the victim of a criminal act or alleged criminal act or to 121.3 the victim's legal representative, except as otherwise provided 121.4 by this paragraph. Data shall not be released if: 121.5 (1) the release to the individual subject of the data would 121.6 be prohibited under section 13.391; or 121.7 (2) the prosecuting authority reasonably believes: 121.8 (i) that the release of that data will interfere with the 121.9 investigation; or 121.10 (ii) that the request is prompted by a desire on the part 121.11 of the requester to engage in unlawful activities. 121.12 Sec. 7. Minnesota Statutes 1996, section 480.30, 121.13 subdivision 1, is amended to read: 121.14 Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 121.15 The supreme court's judicial education program must include 121.16 ongoing training for district court judges on child and 121.17 adolescent sexual abuse, domestic abuse, harassment, stalking, 121.18 and related civil and criminal court issues. The program must 121.19 include the following: 121.20 (1) information about the specific needs of victims . The121.21 program must include; 121.22 (2) education on the causes of sexual abuse and family 121.23 violence and; 121.24 (3) education on culturally responsive approaches to 121.25 serving victims; and 121.26 (4) education on the impacts of domestic abuse and domestic 121.27 abuse allegations on children and the importance of considering 121.28 these impacts when making visitation and child custody decisions 121.29 under chapter 518. 121.30 The program also must emphasize the need for the 121.31 coordination of court and legal victim advocacy services and 121.32 include education on sexual abuse and domestic abuse programs 121.33 and policies within law enforcement agencies and prosecuting 121.34 authorities as well as the court system. 121.35 Sec. 8. Minnesota Statutes 1996, section 518.10, is 121.36 amended to read: 122.1 518.10 [REQUISITES OF PETITION.] 122.2 The petition for dissolution of marriage or legal 122.3 separation shall state and allege: 122.4 (a) The name and address of the petitioner and any prior or 122.5 other name used by the petitioner; 122.6 (b) The name and, if known, the address of the respondent 122.7 and any prior or other name used by the respondent and known to 122.8 the petitioner; 122.9 (c) The place and date of the marriage of the parties; 122.10 (d) In the case of a petition for dissolution, that either 122.11 the petitioner or the respondent or both: 122.12 (1) Has resided in this state for not less than 180 days 122.13 immediately preceding the commencement of the proceeding, or 122.14 (2) Has been a member of the armed services and has been 122.15 stationed in this state for not less than 180 days immediately 122.16 preceding the commencement of the proceeding, or 122.17 (3) Has been a domiciliary of this state for not less than 122.18 180 days immediately preceding the commencement of the 122.19 proceeding; 122.20 (e) The name at the time of the petition and any prior or 122.21 other name, age and date of birth of each living minor or 122.22 dependent child of the parties born before the marriage or born 122.23 or adopted during the marriage and a reference to, and the 122.24 expected date of birth of, a child of the parties conceived 122.25 during the marriage but not born; 122.26 (f) Whether or not a separate proceeding for dissolution, 122.27 legal separation, or custody is pending in a court in this state 122.28 or elsewhere; 122.29 (g) In the case of a petition for dissolution, that there 122.30 has been an irretrievable breakdown of the marriage 122.31 relationship; 122.32 (h) In the case of a petition for legal separation, that 122.33 there is a need for a decree of legal separation; and122.34 (i) Any temporary or permanent maintenance, child support, 122.35 child custody, disposition of property, attorneys' fees, costs 122.36 and disbursements applied for without setting forth the amounts; 123.1 and 123.2 (j) Whether an order for protection under chapter 518B or a 123.3 similar law of another state that governs the parties or a party 123.4 and a minor child of the parties is in effect and, if so, the 123.5 district court or similar jurisdiction in which it was entered. 123.6 The petition shall be verified by the petitioner or 123.7 petitioners, and its allegations established by competent 123.8 evidence. 123.9 Sec. 9. Minnesota Statutes 1996, section 518.175, is 123.10 amended by adding a subdivision to read: 123.11 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 123.12 a custodial parent requests supervised visitation under 123.13 subdivision 1 or 5 and an order for protection under chapter 123.14 518B or a similar law of another state is in effect against the 123.15 noncustodial parent to protect the custodial parent or the 123.16 child, the judge must consider the order for protection in 123.17 making a decision regarding visitation. 123.18 (b) The state court administrator shall develop standards 123.19 to be met by persons who are responsible for supervising 123.20 visitation. Either parent may challenge the appropriateness of 123.21 an individual chosen by the court to supervise visitation. 123.22 Sec. 10. Minnesota Statutes 1996, section 518.175, 123.23 subdivision 5, is amended to read: 123.24 Subd. 5. The court shall modify an order granting or 123.25 denying visitation rights whenever modification would serve the 123.26 best interests of the child. Except as provided in section 123.27 631.52, the court may not restrict visitation rights unless it 123.28 finds that: 123.29 (1) the visitation is likely to endanger the child's 123.30 physical or emotional health or impair the child's emotional 123.31 development; or 123.32 (2) the noncustodial parent has chronically and 123.33 unreasonably failed to comply with court-ordered visitation. 123.34 If the custodial parent makes specific allegations that 123.35 visitation places the custodial parent or child in danger of 123.36 harm, the court shall hold a hearing at the earliest possible 124.1 time to determine the need to modify the order granting 124.2 visitation rights. Consistent with subdivision 1a, the court 124.3 may require a third party, including the local social services 124.4 agency, to supervise the visitation or may restrict a parent's 124.5 visitation rights if necessary to protect the custodial parent 124.6 or child from harm. 124.7 Sec. 11. Minnesota Statutes 1996, section 518.179, 124.8 subdivision 2, is amended to read: 124.9 Subd. 2. [APPLICABLE CRIMES.] This section applies to the 124.10 following crimes or similar crimes under the laws of the United 124.11 States, or any other state: 124.12 (1) murder in the first, second, or third degree under 124.13 section 609.185, 609.19, or 609.195; 124.14 (2) manslaughter in the first degree under section 609.20; 124.15 (3) assault in the first, second, or third degree under 124.16 section 609.221, 609.222, or 609.223; 124.17 (4) kidnapping under section 609.25; 124.18 (5) depriving another of custodial or parental rights under 124.19 section 609.26; 124.20 (6) soliciting, inducing, or promoting prostitution 124.21 involving a minor under section 609.322; 124.22 (7) receiving profit from prostitution involving a minor 124.23 under section 609.323; 124.24 (8) criminal sexual conduct in the first degree under 124.25 section 609.342; 124.26 (9) criminal sexual conduct in the second degree under 124.27 section 609.343; 124.28 (10) criminal sexual conduct in the third degree under 124.29 section 609.344, subdivision 1, paragraph (c), (f), or (g); 124.30 (11) solicitation of a child to engage in sexual conduct 124.31 under section 609.352; 124.32 (12) incest under section 609.365; 124.33 (13) malicious punishment of a child under section 609.377; 124.34 or124.35 (14) neglect of a child under section 609.378; 124.36 (15) terroristic threats under section 609.713; or 125.1 (16) felony harassment or stalking under section 609.749, 125.2 subdivision 4. 125.3 Sec. 12. Minnesota Statutes 1996, section 518B.01, 125.4 subdivision 4, is amended to read: 125.5 Subd. 4. [ORDER FOR PROTECTION.] There shall exist an 125.6 action known as a petition for an order for protection in cases 125.7 of domestic abuse. 125.8 (a) A petition for relief under this section may be made by 125.9 any family or household member personally or by a family or 125.10 household member, a guardian as defined in section 524.1-201, 125.11 clause (20), or, if the court finds that it is in the best 125.12 interests of the minor, by a reputable adult age 25 or older on 125.13 behalf of minor family or household members. A minor age 16 or 125.14 older may make a petition on the minor's own behalf against a 125.15 spouse or former spouse, or a person with whom the minor has a 125.16 child in common, if the court determines that the minor has 125.17 sufficient maturity and judgment and that it is in the best 125.18 interests of the minor. 125.19 (b) A petition for relief shall allege the existence of 125.20 domestic abuse, and shall be accompanied by an affidavit made 125.21 under oath stating the specific facts and circumstances from 125.22 which relief is sought. 125.23 (c) A petition for relief must state whether the petitioner 125.24 has ever had an order for protection in effect against the 125.25 respondent. 125.26 (d) A petition for relief must state whether there is an 125.27 existing order for protection in effect under this chapter 125.28 governing both the parties and whether there is a pending 125.29 lawsuit, complaint, petition or other action between the parties 125.30 under chapter 257, 518, 518A, 518B, or 518C. The court 125.31 administrator shall verify the terms of any existing order 125.32 governing the parties. The court may not delay granting relief 125.33 because of the existence of a pending action between the parties 125.34 or the necessity of verifying the terms of an existing order. A 125.35 subsequent order in a separate action under this chapter may 125.36 modify only the provision of an existing order that grants 126.1 relief authorized under subdivision 6, paragraph (a), clause 126.2 (1). A petition for relief may be granted, regardless of 126.3 whether there is a pending action between the parties. 126.4 (e) The court shall provide simplified forms and clerical 126.5 assistance to help with the writing and filing of a petition 126.6 under this section. 126.7 (f) The court shall advise a petitioner under paragraph (e) 126.8 of the right to file a motion and affidavit and to sue in forma 126.9 pauperis pursuant to section 563.01 and shall assist with the 126.10 writing and filing of the motion and affidavit. 126.11 (g) The court shall advise a petitioner under paragraph (e) 126.12 of the right to serve the respondent by published notice under 126.13 subdivision 5, paragraph (b), if the respondent is avoiding 126.14 personal service by concealment or otherwise, and shall assist 126.15 with the writing and filing of the affidavit. 126.16 (h) The court shall advise the petitioner of the right to 126.17 seek restitution under the petition for relief. 126.18 (i) The court shall advise the petitioner of the right to 126.19 request a hearing under subdivision 7, paragraph (c). If the 126.20 petitioner does not request a hearing, the court shall advise 126.21 the petitioner that the respondent may request a hearing and 126.22 that notice of the hearing date and time will be provided to the 126.23 petitioner by mail at least five days before the hearing. 126.24 (j) The court shall advise the petitioner of the right to 126.25 request supervised visitation, as provided in section 518.175, 126.26 subdivision 1a. 126.27 Sec. 13. Minnesota Statutes 1996, section 518B.01, 126.28 subdivision 8, is amended to read: 126.29 Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION; 126.30 NOTICE.] (a) The petition and any order issued under this 126.31 section shall be served on the respondent personally. 126.32 (b) When service is made out of this state and in the 126.33 United States, it may be proved by the affidavit of the person 126.34 making the service. When service is made outside the United 126.35 States, it may be proved by the affidavit of the person making 126.36 the service, taken before and certified by any United States 127.1 minister, charge d'affaires, commissioner, consul, or commercial 127.2 agent, or other consular or diplomatic officer of the United 127.3 States appointed to reside in the other country, including all 127.4 deputies or other representatives of the officer authorized to 127.5 perform their duties; or before an office authorized to 127.6 administer an oath with the certificate of an officer of a court 127.7 of record of the country in which the affidavit is taken as to 127.8 the identity and authority of the officer taking the affidavit. 127.9 (c) If personal service cannot be made, the court may order 127.10 service of the petition and any order issued under this section 127.11 by alternate means, or by publication, which publication must be 127.12 made as in other actions. The application for alternate service 127.13 must include the last known location of the respondent; the 127.14 petitioner's most recent contacts with the respondent; the last 127.15 known location of the respondent's employment; the names and 127.16 locations of the respondent's parents, siblings, children, and 127.17 other close relatives; the names and locations of other persons 127.18 who are likely to know the respondent's whereabouts; and a 127.19 description of efforts to locate those persons. 127.20 The court shall consider the length of time the 127.21 respondent's location has been unknown, the likelihood that the 127.22 respondent's location will become known, the nature of the 127.23 relief sought, and the nature of efforts made to locate the 127.24 respondent. The court shall order service by first class mail, 127.25 forwarding address requested, to any addresses where there is a 127.26 reasonable possibility that mail or information will be 127.27 forwarded or communicated to the respondent. 127.28 The court may also order publication, within or without the 127.29 state, but only if it might reasonably succeed in notifying the 127.30 respondent of the proceeding. Service shall be deemed complete 127.31 14 days after mailing or 14 days after court-ordered publication. 127.32 (d) A petition and any order issued under this section must 127.33 include a notice to the respondent that if an order for 127.34 protection is issued to protect the petitioner or a child of the 127.35 parties, upon request of the petitioner in any visitation 127.36 proceeding, the court shall consider the order for protection in 128.1 making a decision regarding visitation. 128.2 Sec. 14. Minnesota Statutes 1996, section 518B.01, 128.3 subdivision 14, is amended to read: 128.4 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 128.5 Whenever an order for protection is granted pursuant to this 128.6 section or a similar law of another state, and the respondent or 128.7 person to be restrained knows of the order, violation of the 128.8 order for protection is a misdemeanor. Upon conviction, the 128.9 defendant must be sentenced to a minimum of three days 128.10 imprisonment and must be ordered to participate in counseling or 128.11 other appropriate programs selected by the court. If the court 128.12 stays imposition or execution of the jail sentence and the 128.13 defendant refuses or fails to comply with the court's treatment 128.14 order, the court must impose and execute the stayed jail 128.15 sentence. A person is guilty of a gross misdemeanor who 128.16 violates this paragraph during the time period between a 128.17 previous conviction under this paragraph; sections 609.221 to 128.18 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 128.19 subdivision 6; 609.749; or a similar law of another state and 128.20 the end of the five years following discharge from sentence for 128.21 that conviction. Upon conviction, the defendant must be 128.22 sentenced to a minimum of ten days imprisonment and must be 128.23 ordered to participate in counseling or other appropriate 128.24 programs selected by the court. Notwithstanding section 128.25 609.135, the court must impose and execute the minimum sentence 128.26 provided in this paragraph for gross misdemeanor convictions. 128.27 (b) A peace officer shall arrest without a warrant and take 128.28 into custody a person whom the peace officer has probable cause 128.29 to believe has violated an order granted pursuant to this 128.30 section or a similar law of another state restraining the person 128.31 or excluding the person from the residence or the petitioner's 128.32 place of employment, even if the violation of the order did not 128.33 take place in the presence of the peace officer, if the 128.34 existence of the order can be verified by the officer. The 128.35 person shall be held in custody for at least 36 hours, excluding 128.36 the day of arrest, Sundays, and holidays, unless the person is 129.1 released earlier by a judge or judicial officer. A peace 129.2 officer acting in good faith and exercising due care in making 129.3 an arrest pursuant to this paragraph is immune from civil 129.4 liability that might result from the officer's actions. 129.5 (c) A violation of an order for protection shall also 129.6 constitute contempt of court and be subject to the penalties 129.7 therefor. 129.8 (d) If the court finds that the respondent has violated an 129.9 order for protection and that there is reason to believe that 129.10 the respondent will commit a further violation of the provisions 129.11 of the order restraining the respondent from committing acts of 129.12 domestic abuse or excluding the respondent from the petitioner's 129.13 residence, the court may require the respondent to acknowledge 129.14 an obligation to comply with the order on the record. The court 129.15 may require a bond sufficient to deter the respondent from 129.16 committing further violations of the order for protection, 129.17 considering the financial resources of the respondent, and not 129.18 to exceed $10,000. If the respondent refuses to comply with an 129.19 order to acknowledge the obligation or post a bond under this 129.20 paragraph, the court shall commit the respondent to the county 129.21 jail during the term of the order for protection or until the 129.22 respondent complies with the order under this paragraph. The 129.23 warrant must state the cause of commitment, with the sum and 129.24 time for which any bond is required. If an order is issued 129.25 under this paragraph, the court may order the costs of the 129.26 contempt action, or any part of them, to be paid by the 129.27 respondent. An order under this paragraph is appealable. 129.28 (e) Upon the filing of an affidavit by the petitioner, any 129.29 peace officer, or an interested party designated by the court, 129.30 alleging that the respondent has violated any order for 129.31 protection granted pursuant to this section or a similar law of 129.32 another state, the court may issue an order to the respondent, 129.33 requiring the respondent to appear and show cause within 14 days 129.34 why the respondent should not be found in contempt of court and 129.35 punished therefor. The hearing may be held by the court in any 129.36 county in which the petitioner or respondent temporarily or 130.1 permanently resides at the time of the alleged violation, or in 130.2 the county in which the alleged violation occurred, if the 130.3 petitioner and respondent do not reside in this state. The 130.4 court also shall refer the violation of the order for protection 130.5 to the appropriate prosecuting authority for possible 130.6 prosecution under paragraph (a). 130.7 (f) If it is alleged that the respondent has violated an 130.8 order for protection issued under subdivision 6 or a similar law 130.9 of another state and the court finds that the order has expired 130.10 between the time of the alleged violation and the court's 130.11 hearing on the violation, the court may grant a new order for 130.12 protection under subdivision 6 based solely on the respondent's 130.13 alleged violation of the prior order, to be effective until the 130.14 hearing on the alleged violation of the prior order. If the 130.15 court finds that the respondent has violated the prior order, 130.16 the relief granted in the new order for protection shall be 130.17 extended for a fixed period, not to exceed one year, except when 130.18 the court determines a longer fixed period is appropriate. 130.19 (g) The admittance into petitioner's dwelling of an abusing 130.20 party excluded from the dwelling under an order for protection 130.21 is not a violation by the petitioner of the order for protection. 130.22 A peace officer is not liable under section 609.43, clause 130.23 (1), for a failure to perform a duty required by paragraph (b). 130.24 (h) When a person is convicted under paragraph (a) of 130.25 violating an order for protection under this sectionand the 130.26 court determines that the person used a firearm in any way 130.27 during commission of the violation, the court may order that the 130.28 person is prohibited from possessing any type of firearm for any 130.29 period longer than three years or for the remainder of the 130.30 person's life. A person who violates this paragraph is guilty 130.31 of a gross misdemeanor. At the time of the conviction, the 130.32 court shall inform the defendant whether and for how long the 130.33 defendant is prohibited from possessing a firearm and that it is 130.34 a gross misdemeanor to violate this paragraph. The failure of 130.35 the court to provide this information to a defendant does not 130.36 affect the applicability of the firearm possession prohibition 131.1 or the gross misdemeanor penalty to that defendant. 131.2 (i) Except as otherwise provided in paragraph (h), when a 131.3 person is convicted under paragraph (a) of violating an order 131.4 for protection under this section, the court shall inform the 131.5 defendant that the defendant is prohibited from possessing a 131.6 pistol for three years from the date of conviction and that it 131.7 is a gross misdemeanor offense to violate this prohibition. The 131.8 failure of the court to provide this information to a defendant 131.9 does not affect the applicability of the pistol possession 131.10 prohibition or the gross misdemeanor penalty to that defendant. 131.11 (j) Except as otherwise provided in paragraph (h), a person 131.12 is not entitled to possess a pistol if the person has been 131.13 convicted under paragraph (a) after August 1, 1996, of violating 131.14 an order for protection under this section, unless three years 131.15 have elapsed from the date of conviction and, during that time, 131.16 the person has not been convicted of any other violation of this 131.17 section. Property rights may not be abated but access may be 131.18 restricted by the courts. A person who possesses a pistol in 131.19 violation of this paragraph is guilty of a gross misdemeanor. 131.20 (k) If the court determines that a person convicted under 131.21 paragraph (a) of violating an order for protection under this131.22 sectionowns or possesses a firearm and used it in any way 131.23 during the commission of the violation, it shall order that the 131.24 firearm be summarily forfeited under section 609.5316, 131.25 subdivision 3. 131.26 Sec. 15. Minnesota Statutes 1996, section 518B.01, 131.27 subdivision 17, is amended to read: 131.28 Subd. 17. [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 131.29 custody proceeding the court maymust consider , but is not bound131.30 by,a finding in a proceeding under this chapter or under a 131.31 similar law of another state that domestic abuse has occurred 131.32 between the parties. 131.33 Sec. 16. Minnesota Statutes 1996, section 609.10, is 131.34 amended to read: 131.35 609.10 [SENTENCES AVAILABLE.] 131.36 Subdivision 1. [SENTENCES AVAILABLE.] Upon conviction of a 132.1 felony and compliance with the other provisions of this chapter 132.2 the court, if it imposes sentence, may sentence the defendant to 132.3 the extent authorized by law as follows: 132.4 (1) to life imprisonment; or 132.5 (2) to imprisonment for a fixed term of years set by the 132.6 court; or 132.7 (3) to both imprisonment for a fixed term of years and 132.8 payment of a fine; or 132.9 (4) to payment of a fine without imprisonment or to 132.10 imprisonment for a fixed term of years if the fine is not paid; 132.11 or 132.12 (5) to payment of court-ordered restitution in addition to 132.13 either imprisonment or payment of a fine, or both; or 132.14 (6) to payment of a local correctional fee as authorized 132.15 under section 609.102 in addition to any other sentence imposed 132.16 by the court. 132.17 Subd. 2. [RESTITUTION.] (a) As used in this section, 132.18 "restitution" includes: 132.19 (i)(1) payment of compensation to the victim or the 132.20 victim's family; and 132.21 (ii)(2) if the victim is deceased or already has been 132.22 fully compensated, payment of money to a victim assistance 132.23 program or other program directed by the court. 132.24 In controlled substance crime cases, "restitution" also132.25 includes payment of compensation to a government entity that132.26 incurs loss as a direct result of the controlled substance crime.132.27 Restitution includes payment of compensation to a 132.28 government entity that incurs loss as a direct result of crime. 132.29 (b) When the defendant does not pay the entire amount of 132.30 court-ordered restitution and the fine at the same time, all 132.31 restitution ordered by the court shall be paid before the fine 132.32 is paid. 132.33 Sec. 17. Minnesota Statutes 1996, section 609.125, is 132.34 amended to read: 132.35 609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 132.36 Subdivision 1. [SENTENCES AVAILABLE.] Upon conviction of a 133.1 misdemeanor or gross misdemeanor the court, if sentence is 133.2 imposed, may, to the extent authorized by law, sentence the 133.3 defendant: 133.4 (1) to imprisonment for a definite term; or 133.5 (2) to payment of a fine, or to imprisonment for a 133.6 specified term if the fine is not paid; or 133.7 (3) to both imprisonment for a definite term and payment of 133.8 a fine; or 133.9 (4) to payment of court-ordered restitution in addition to 133.10 either imprisonment or payment of a fine, or both; or 133.11 (5) to payment of a local correctional fee as authorized 133.12 under section 609.102 in addition to any other sentence imposed 133.13 by the court. 133.14 Subd. 2. [RESTITUTION.] (a) As used in this section, 133.15 "restitution" includes: 133.16 (i)(1) payment of compensation to the victim or the 133.17 victim's family; and 133.18 (ii)(2) if the victim is deceased or already has been 133.19 fully compensated, payment of money to a victim assistance 133.20 program or other program directed by the court. 133.21 In controlled substance crime cases, "restitution" also133.22 includes payment of compensation to a government entity that133.23 incurs loss as a direct result of the controlled substance crime.133.24 Restitution includes payment of compensation to a 133.25 government entity that incurs loss as a direct result of crime. 133.26 (b) When the defendant does not pay the entire amount of 133.27 court-ordered restitution and the fine at the same time, all 133.28 restitution ordered by the court shall be paid before the fine 133.29 is paid. 133.30 Sec. 18. Minnesota Statutes 1996, section 609.2244, is 133.31 amended to read: 133.32 609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS133.33 INVESTIGATIONS.] 133.34 Subdivision 1. [ DOMESTIC ABUSE ASSESSMENTINVESTIGATION.] 133.35 A presentence domestic abuse assessmentinvestigation must be 133.36 conducted and an assessmenta report submitted to the court by 134.1 the countycorrections agency responsible for administering the134.2 assessmentconducting the investigation when: 134.3 (1) a defendant is convicted of an offense described in 134.4 section 518B.01, subdivision 2; or 134.5 (2) a defendant is arrested for committing an offense 134.6 described in section 518B.01, subdivision 2, but is convicted of 134.7 another offense arising out of the same circumstances 134.8 surrounding the arrest. 134.9 Subd. 2. [REPORT.] (a) The assessment report must contain134.10 an evaluation of the convicted defendantdepartment of 134.11 corrections shall establish minimum standards for the report, 134.12 including the circumstances of the offense, impact on the 134.13 victim, the defendant's prior record, characteristics and 134.14 history of alcohol and chemical use problems, and amenability to 134.15 domestic abuse counselingprograms. The report is classified as 134.16 private data on individuals as defined in section 13.02, 134.17 subdivision 12. Victim impact statements are confidential. 134.18 (b) The assessmentreport must include: 134.19 (1) a recommendation on any limitations on contact with the 134.20 victim and other measures to ensure the victim's safety; 134.21 (2) a recommendation for the defendant to enter and 134.22 successfully complete domestic abuse counselingprogramming and 134.23 any aftercare found necessary by the assessmentinvestigation; 134.24 (3) a recommendation for chemical dependency evaluation and 134.25 treatment as determined by the evaluation whenever alcohol or 134.26 drugs were found to be a contributing factor to the offense; 134.27 (4) recommendations for other appropriate remedial action 134.28 or care , which may consist of educational programs, one-on-one134.29 counseling, a program or type of treatment that addresses mental134.30 health concerns,or a specific explanation why no level of care 134.31 or action is recommended; and 134.32 (5) consequences for failure to abide by conditions set up 134.33 by the court. 134.34 Subd. 3. [ ASSESSORCORRECTIONS AGENTS STANDARDS; RULES; 134.35 ASSESSMENTINVESTIGATION TIME LIMITS.] A domestic 134.36 abuse assessmentinvestigation required by this section must be 135.1 conducted by an assessor approved by the court,the local 135.2 corrections department ,or the commissioner of corrections. The 135.3 assessorcorrections agent shall have access to any police 135.4 reports or other law enforcement data relating to the current 135.5 offense or previous offenses that are necessary to complete the 135.6 evaluation. An assessor providingA corrections agent 135.7 conducting an assessmentinvestigation under this section may 135.8 not have any direct or shared financial interest or referral 135.9 relationship resulting in shared financial gain with a treatment 135.10 provider. An appointment for the defendant to undergo 135.11 the assessment shallinvestigation must be made by the court, a 135.12 court services probation officer, or court administrator as soon 135.13 as possible but in no case more than one week after the135.14 defendant's court appearance. The assessment must be completed135.15 no later than three weeks after the defendant's court date. 135.16 Subd. 4. [DOMESTIC ABUSE ASSESSMENTINVESTIGATION FEE.] 135.17 When the court sentences a person convicted of an offense 135.18 described in section 518B.01, subdivision 2, the court shall 135.19 impose a domestic abuse assessmentinvestigation fee of at least 135.20 $50 but not more than $125. This fee must be imposed whether 135.21 the sentence is executed, stayed, or suspended. The court may 135.22 not waive payment or authorize payment of the fee in 135.23 installments unless it makes written findings on the record that 135.24 the convicted person is indigent or that the fee would create 135.25 undue hardship for the convicted person or that person's 135.26 immediate family. The person convicted of the offense and 135.27 ordered to pay the fee shall pay the fee to the county 135.28 corrections department or other designated agencies conducting 135.29 the assessmentinvestigation. 135.30 Sec. 19. Minnesota Statutes 1996, section 611A.01, is 135.31 amended to read: 135.32 611A.01 [DEFINITIONS.] 135.33 For the purposes of sections 611A.01 to 611A.06: 135.34 (a) "Crime" means conduct that is prohibited by local 135.35 ordinance and results in bodily harm to an individual; or 135.36 conduct that is included within the definition of "crime" in 136.1 section 609.02, subdivision 1, or would be included within that 136.2 definition but for the fact that (i) the person engaging in the 136.3 conduct lacked capacity to commit the crime under the laws of 136.4 this state, or (ii) the act was alleged or found to have been 136.5 committed by a juvenile; 136.6 (b) "Victim" means a natural person who incurs loss or harm 136.7 as a result of a crime, including a good faith effort to prevent 136.8 a crime, and for purposes of sections 611A.04 and 611A.045, also 136.9 includes (i) a corporation that incurs loss or harm as a result 136.10 of a crime, and(ii) a government entity that incurs loss or 136.11 harm as a result of a crime, and (iii) any other entity 136.12 authorized to receive restitution under section 609.10 or 136.13 609.125. If the victim is a natural person and is deceased, 136.14 "victim" means the deceased's surviving spouse or next of kin; 136.15 and 136.16 (c) "Juvenile" has the same meaning as given to the term 136.17 "child" in section 260.015, subdivision 2. 136.18 Sec. 20. Minnesota Statutes 1996, section 611A.035, is 136.19 amended to read: 136.20 611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 136.21 Subdivision 1. [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 136.22 A prosecutor may elect not to disclose a victim's or witness's 136.23 home or employment address or telephone number if the prosecutor 136.24 certifies to the trial court that: 136.25 (1) the defendant or respondent has been charged with or 136.26 alleged to have committed a crime; 136.27 (2) the nondisclosure is needed to address the victim's or 136.28 witness's concerns about safety or security; 136.29 (3) the victim's or witness's home or employment address or 136.30 telephone number is not relevant to the prosecution's case; and 136.31 (4) the prosecutor or the prosecutor's agent is willing to 136.32 establish telephone contact between defense counsel or defense 136.33 counsel's agent and the victim or witness. 136.34 This subdivision shall not be construed to compel a victim 136.35 or witness to give any statement to defense counsel or defense 136.36 counsel's agent. 137.1 Subd. 2. [WITNESS TESTIMONY IN COURT.] No victim or 137.2 witness providing testimony in court proceedings may be 137.3 compelled to state a home or employment address on the record in 137.4 open court unless the court finds that the testimony would be 137.5 relevant evidence. 137.6 Sec. 21. Minnesota Statutes 1996, section 611A.038, is 137.7 amended to read: 137.8 611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 137.9 (a) A victim has the right to submit an impact statement to 137.10 the court at the time of sentencing or disposition hearing. The 137.11 impact statement may be presented to the court orally or in 137.12 writing, at the victim's option. If the victim requests, the 137.13 prosecutor must orally present the statement to the court. 137.14 Statements may include the following, subject to reasonable 137.15 limitations as to time and length: 137.16 (1) a summary of the harm or trauma suffered by the victim 137.17 as a result of the crime; 137.18 (2) a summary of the economic loss or damage suffered by 137.19 the victim as a result of the crime; and 137.20 (3) a victim's reaction to the proposed sentence or 137.21 disposition. 137.22 (b) A representative of the community affected by the crime 137.23 may submit an impact statement in the same manner that a victim 137.24 may as provided in paragraph (a). This impact statement shall 137.25 describe the adverse social or economic effects the offense has 137.26 had on persons residing and businesses operating in the 137.27 community where the offense occurred. 137.28 (c) If the court permits the defendant or anyone speaking 137.29 on the defendant's behalf to present a statement to the court, 137.30 the court shall limit the statement to issues relevant to 137.31 sentencing. 137.32 Nothing in this section shall be construed to extend the 137.33 defendant's right to address the court under section 631.20. 137.34 Sec. 22. Minnesota Statutes 1996, section 611A.039, 137.35 subdivision 1, is amended to read: 137.36 Subdivision 1. [NOTICE REQUIRED.] Except as otherwise 138.1 provided in subdivision 2, within 15 working days after a 138.2 conviction, acquittal, or dismissal in a criminal case in which 138.3 there is an identifiable crime victim, the prosecutor shall make 138.4 reasonable good faith efforts to provide to each affected crime 138.5 victim oral or written notice of the final disposition of the 138.6 case. When the court is considering modifying the sentence for 138.7 a felony or a crime of violence or an attempted crime of 138.8 violence, the court shall make a reasonable and good faith 138.9 effort to notify the victim of the crime. If the victim is 138.10 incapacitated or deceased, notice must be given to the victim's 138.11 family. If the victim is a minor, notice must be given to the 138.12 victim's parent or guardian. The notice must include: 138.13 (1) the date and approximate time of the review; 138.14 (2) the location where the review will occur; 138.15 (3) the name and telephone number of a person to contact 138.16 for additional information; and 138.17 (4) a statement that the victim and victim's family may 138.18 provide input to the court concerning the sentence modification. 138.19 As used in this section, "crime of violence" has the 138.20 meaning given in section 624.712, subdivision 5, and also 138.21 includes gross misdemeanor violations of section 609.224, and 138.22 nonfelony violations of sections 518B.01, 609.2231, 609.3451, 138.23 609.748, and 609.749. 138.24 Sec. 23. [611A.0395] [RIGHT TO INFORMATION REGARDING 138.25 DEFENDANT'S APPEAL.] 138.26 Subdivision 1. [PROSECUTING ATTORNEY TO NOTIFY 138.27 VICTIMS.] (a) The prosecuting attorney shall make a reasonable 138.28 and good faith effort to provide to each affected victim oral or 138.29 written notice of a pending appeal. This notice must be 138.30 provided within 30 days of filing of the respondent's brief. 138.31 The notice must contain a brief explanation of the contested 138.32 issues or a copy of the brief, an explanation of the applicable 138.33 process, information about scheduled oral arguments or hearings, 138.34 a statement that the victim and the victim's family may attend 138.35 the argument or hearing, and the name and telephone number of a 138.36 person that may be contacted for additional information. 139.1 (b) In a criminal case in which there is an identifiable 139.2 crime victim, within 15 working days of a final decision on an 139.3 appeal, the prosecuting attorney shall make a reasonable and 139.4 good faith effort to provide to each affected victim oral or 139.5 written notice of the decision. This notice must include a 139.6 brief explanation of what effect, if any, the decision has upon 139.7 the judgment of the trial court and the name and telephone 139.8 number of a person that may be contacted for additional 139.9 information. 139.10 Subd. 2. [EXCEPTION.] The notices described in subdivision 139.11 1 do not have to be given to victims who have previously 139.12 indicated a desire not to be notified. 139.13 Sec. 24. Minnesota Statutes 1996, section 611A.04, is 139.14 amended by adding a subdivision to read: 139.15 Subd. 4. [PAYMENT OF RESTITUTION.] When the court orders 139.16 both the payment of restitution and the payment of a fine and 139.17 the defendant does not pay the entire amount of court-ordered 139.18 restitution and the fine at the same time, all restitution 139.19 ordered by the court shall be paid before the fine is paid. 139.20 Sec. 25. Minnesota Statutes 1996, section 611A.361, is 139.21 amended by adding a subdivision to read: 139.22 Subd. 5. [EXPIRATION.] The council expires on June 30, 139.23 1999. 139.24 Sec. 26. Minnesota Statutes 1996, section 611A.52, 139.25 subdivision 6, is amended to read: 139.26 Subd. 6. [CRIME.] (a) "Crime" means conduct that: 139.27 (1) occurs or is attempted anywhere within the geographical 139.28 boundaries of this state, including Indian reservations and 139.29 other trust lands; 139.30 (2) poses a substantial threat of personal injury or death; 139.31 and 139.32 (3) is included within the definition of "crime" in section 139.33 609.02, subdivision 1, or would be included within that 139.34 definition but for the fact that (i) the person engaging in the 139.35 conduct lacked capacity to commit the crime under the laws of 139.36 this state; or (ii) the act was alleged or found to have been 140.1 committed by a juvenile. 140.2 (b) A crime occurs whether or not any person is prosecuted 140.3 or convicted but the conviction of a person whose acts give rise 140.4 to the claim is conclusive evidence that a crime was committed 140.5 unless an application for rehearing, appeal, or petition for 140.6 certiorari is pending or a new trial or rehearing has been 140.7 ordered. 140.8 (c) "Crime" does not include an act involving the operation 140.9 of a motor vehicle, aircraft, or watercraft that results in 140.10 injury or death, except that a crime includes any of the 140.11 following: 140.12 (1) injury or death intentionally inflicted through the use 140.13 of a motor vehicle, aircraft, or watercraft; 140.14 (2) injury or death caused by a driver in violation of 140.15 section 169.09, subdivision 1; 169.121; or 609.21; and 140.16 (3) injury or death caused by a driver of a motor vehicle 140.17 in the immediate act of fleeing the scene of a crime in which 140.18 the driver knowingly and willingly participated. 140.19 (d) Notwithstanding paragraph (a), "crime" includes an act 140.20 of international terrorism as defined in United States Code, 140.21 title 18, section 2331, committed outside of the United States 140.22 against a resident of this state. 140.23 Sec. 27. Minnesota Statutes 1996, section 611A.52, 140.24 subdivision 8, is amended to read: 140.25 Subd. 8. [ECONOMIC LOSS.] "Economic loss" means actual 140.26 economic detriment incurred as a direct result of injury or 140.27 death. 140.28 (a) In the case of injury the term is limited to: 140.29 (1) reasonable expenses incurred for necessary medical, 140.30 chiropractic, hospital, rehabilitative, and dental products, 140.31 services, or accommodations, including ambulance services, 140.32 drugs, appliances, and prosthetic devices; 140.33 (2) reasonable expenses associated with recreational 140.34 therapy where a claimant has suffered amputation of a limb; 140.35 (3) reasonable expenses incurred for psychological or 140.36 psychiatric products, services, or accommodations, not to exceed 141.1 an amount to be set by the board, where the nature of the injury 141.2 or the circumstances of the crime are such that the treatment is 141.3 necessary to the rehabilitation of the victim; 141.4 (4) loss of income that the victim would have earned had 141.5 the victim not been injured; 141.6 (5) reasonable expenses incurred for substitute child care 141.7 or household services to replace those the victim or claimant 141.8 would have performed had the victim or the claimant's child not 141.9 been injured. As used in this clause, "child care services" 141.10 means services provided by facilities licensed under and in 141.11 compliance with either Minnesota Rules, parts 9502.0315 to 141.12 9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 141.13 requirements pursuant to section 245A.03. Licensed facilities 141.14 must be paid at a rate not to exceed their standard rate of 141.15 payment. Facilities exempted from licensing requirements must 141.16 be paid at a rate not to exceed $3 an hour per child for daytime 141.17 child care or $4 an hour per child for evening child care; and 141.18 (6) reasonable expenses actually incurred to return a child 141.19 who was a victim of a crime under section 609.25 or 609.26 to 141.20 the child's parents or lawful custodian. These expenses are 141.21 limited to transportation costs, meals, and lodging from the 141.22 time the child was located until the child was returned home. 141.23 (b) In the case of death the term is limited to: 141.24 (1) reasonable expenses actually incurred for funeral, 141.25 burial, or cremation, not to exceed an amount to be determined 141.26 by the board on the first day of each fiscal year; 141.27 (2) reasonable expenses for medical, chiropractic, 141.28 hospital, rehabilitative, psychological and psychiatric 141.29 services, products or accommodations which were incurred prior 141.30 to the victim's death and for which the victim's survivors or 141.31 estate are liable; 141.32 (3) loss of support, including contributions of money, 141.33 products or goods, but excluding services which the victim would 141.34 have supplied to dependents if the victim had lived; and 141.35 (4) reasonable expenses incurred for substitute child care 141.36 and household services to replace those which the victim or 142.1 claimant would have performed for the benefit of dependents if 142.2 the victim or the claimant's child had lived. 142.3 Claims for loss of support for minor children made under 142.4 clause (3) must be paid for three years or until the child 142.5 reaches 18 years old, whichever is the shorter period. After 142.6 three years, if the child is younger than 18 years old a claim 142.7 for loss of support may be resubmitted to the board, and the 142.8 board staff shall evaluate the claim giving consideration to the 142.9 child's financial need and to the availability of funds to the 142.10 board. Claims for loss of support for a spouse made under 142.11 clause (3) shall also be reviewed at least once every three 142.12 years. The board staff shall evaluate the claim giving 142.13 consideration to the spouse's financial need and to the 142.14 availability of funds to the board. 142.15 Claims for substitute child care services made under clause 142.16 (4) must be limited to the actual care that the deceased victim 142.17 would have provided to enable surviving family members to pursue 142.18 economic, educational, and other activities other than 142.19 recreational activities. 142.20 Sec. 28. Minnesota Statutes 1996, section 611A.53, 142.21 subdivision 1b, is amended to read: 142.22 Subd. 1b. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 142.23 Minnesota resident who is the victim of a crime committed 142.24 outside the geographical boundaries of this state but who 142.25 otherwise meets the requirements of this section shall have the 142.26 same rights under this chapter as if the crime had occurred 142.27 within this state upon a showing that the state, territory, or 142.28 United States possession in which the crime occurred does not 142.29 have a crime victim reparations law covering the resident's 142.30 injury or death. 142.31 (b) Notwithstanding paragraph (a), a Minnesota resident who 142.32 is the victim of a crime involving international terrorism who 142.33 otherwise meets the requirements of this section, has the same 142.34 rights under this chapter as if the crime had occurred within 142.35 this state regardless of where the crime occurred or whether the 142.36 jurisdiction has a crime victims reparations law. 143.1 Sec. 29. Minnesota Statutes 1996, section 611A.675, is 143.2 amended to read: 143.3 611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 143.4 Subdivision 1. [GRANTS AUTHORIZED.] The crime victims143.5 reparations boardvictim and witness advisory council shall make 143.6 grants to local law enforcement agenciesprosecutors and victim 143.7 assistance programs for the purpose of providing emergency 143.8 assistance to victims. As used in this section, "emergency 143.9 assistance" includes but is not limited to: 143.10 (1) replacement of necessary property that was lost, 143.11 damaged, or stolen as a result of the crime; 143.12 (2) purchase and installation of necessary home security 143.13 devices; and143.14 (3) transportation to locations related to the victim's 143.15 needs as a victim, such as medical facilities and facilities of 143.16 the criminal justice system; 143.17 (4) cleanup of the crime scene; and 143.18 (5) reimbursement for reasonable travel and living expenses 143.19 the victim incurred to attend court proceedings that were held 143.20 at a location other than the place where the crime occurred due 143.21 to a change of venue. 143.22 Subd. 2. [APPLICATION FOR GRANTS.] A city or county 143.23 sheriff or the chief administrative officer of a municipal143.24 police departmentattorney's office or victim assistance program 143.25 may apply to the boardcouncil for a grant for any of the 143.26 purposes described in subdivision 1 or for any other emergency 143.27 assistance purpose approved by the boardcouncil. The 143.28 application must be on forms and pursuant to procedures 143.29 developed by the boardcouncil. The application must describe 143.30 the type or types of intended emergency assistance, estimate the 143.31 amount of money required, and include any other information 143.32 deemed necessary by the boardcouncil. 143.33 Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 143.34 county sheriff or chief administrative officer of a municipal143.35 police department whoattorney's office or victim assistance 143.36 program that receives a grant under this section shall report144.1 all expenditures to the board on a quarterly basis. The sheriff144.2 or chief administrative officer shall alsofile an annual report 144.3 with the boardcouncil itemizing the expenditures made during 144.4 the preceding year, the purpose of those expenditures, and the 144.5 ultimate disposition, if any, of each assisted victim's criminal 144.6 case. 144.7 Subd. 4. [REPORT TO LEGISLATURE.] On or before February 1, 144.8 19971999, the boardcouncil shall report to the chairs of the 144.9 senate crime prevention and house of representatives judiciary 144.10 committees on the implementation, use, and administration of the 144.11 grant program created under this section. 144.12 Sec. 30. Minnesota Statutes 1996, section 611A.71, 144.13 subdivision 5, is amended to read: 144.14 Subd. 5. [DUTIES.] The council shall: 144.15 (1) review on a regular basis the treatment of victims by 144.16 the criminal justice system and the need and availability of 144.17 services to victims; 144.18 (2) advise the agency designated by the governor to apply 144.19 for victim assistance program grants under chapter 14 of Public 144.20 Law Number 98-473, in the coordination and allocation of federal 144.21 funds for crime victims assistance programs; 144.22 (3) advocate necessary changes and monitor victim-related 144.23 legislation; 144.24 (4) provide information, training, and technical assistance 144.25 to state and local agencies and groups involved in victim and 144.26 witness assistance; 144.27 (5) serve as a clearinghouse for information concerning 144.28 victim and witness programs; 144.29 (6) develop guidelines for the implementation of victim and 144.30 witness assistance programs and aid in the creation and 144.31 development of programs; 144.32 (7) coordinate the development and implementation of 144.33 policies and guidelines for the treatment of victims and 144.34 witnesses, and the delivery of services to them; and144.35 (8) develop ongoing public awareness efforts and programs 144.36 to assist victims; and 145.1 (9) administer the grant program described in section 145.2 611A.675. 145.3 Sec. 31. Minnesota Statutes 1996, section 611A.71, 145.4 subdivision 7, is amended to read: 145.5 Subd. 7. [EXPIRATION.] The council expires on June 30, 145.6 19971999. 145.7 Sec. 32. Minnesota Statutes 1996, section 611A.74, 145.8 subdivision 1, is amended to read: 145.9 Subdivision 1. [CREATION.] The office of crime victim 145.10 ombudsman for Minnesota is created. The ombudsman shall be 145.11 appointed by the commissioner of public safety with the advice145.12 of the advisory council, andgovernor, shall serve in the 145.13 unclassified service at the pleasure of the commissioner, and 145.14 shall be selected without regard to political affiliation. No 145.15 person may serve as ombudsman while holding any other public 145.16 office. The ombudsman is directly accountable to 145.17 the commissioner of public safety andgovernor and shall be 145.18 removed only for just cause. The ombudsman shall have the 145.19 authority to investigate decisions, acts, and other matters of 145.20 the criminal justice system so as to promote the highest 145.21 attainable standards of competence, efficiency, and justice for 145.22 crime victims in the criminal justice system. 145.23 Sec. 33. Minnesota Statutes 1996, section 611A.74, is 145.24 amended by adding a subdivision to read: 145.25 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may 145.26 appoint employees necessary to discharge responsibilities of the 145.27 office. The ombudsman may delegate to staff members any of the 145.28 ombudsman's authority or duties except the duties of formally 145.29 making recommendations to appropriate authorities and reports to 145.30 the office of the governor or to the legislature. 145.31 (b) The commissioner of public safety shall provide office 145.32 space and administrative support services to the ombudsman and 145.33 the ombudsman's staff. 145.34 Sec. 34. Minnesota Statutes 1996, section 611A.74, 145.35 subdivision 3, is amended to read: 145.36 Subd. 3. [POWERS.] The crime victim ombudsman has those 146.1 powers necessary to carry out the duties set out in 146.2 subdivision 12, including: 146.3 (a) The ombudsman may investigate, with or without a 146.4 complaint, any action of an element of the criminal justice 146.5 system or a victim assistance program included in subdivision 2. 146.6 (b) The ombudsman may request and shall be given access to 146.7 information and assistance the ombudsman considers necessary for 146.8 the discharge of responsibilities. The ombudsman may inspect, 146.9 examine, and be provided copies of records and documents of all 146.10 elements of the criminal justice system and victim assistance 146.11 programs. The ombudsman may request and shall be given access 146.12 to police reports pertaining to juveniles and juvenile 146.13 delinquency petitions, notwithstanding section 260.161. Any 146.14 information received by the ombudsman retains its data 146.15 classification under chapter 13 while in the ombudsman's 146.16 possession. Juvenile records obtained under this subdivision 146.17 may not be released to any person. 146.18 (c) The ombudsman may prescribe the methods by which 146.19 complaints are to be made, received, and acted upon; may 146.20 determine the scope and manner of investigations to be made; and 146.21 subject to the requirements of sections 611A.72 to 611A.74, may 146.22 determine the form, frequency, and distribution of ombudsman 146.23 conclusions, recommendations, and proposals. 146.24 (d) After completing investigation of a complaint, the 146.25 ombudsman shall inform in writing the complainant, the 146.26 investigated person or entity, and other appropriate authorities 146.27 of the action taken. If the complaint involved the conduct of 146.28 an element of the criminal justice system in relation to a 146.29 criminal or civil proceeding, the ombudsman's findings shall be 146.30 forwarded to the court in which the proceeding occurred. 146.31 (e) Before announcing a conclusion or recommendation that 146.32 expressly or impliedly criticizes an administrative agency or 146.33 any person, the ombudsman shall consult with that agency or 146.34 person. 146.35 Sec. 35. Minnesota Statutes 1996, section 629.725, is 146.36 amended to read: 147.1 629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF 147.2 ARRESTED OR DETAINED PERSON.] 147.3 When a person arrested or a juvenile detained for a crime 147.4 of violence or an attempted crime of violence is scheduled to be 147.5 reviewed under section 629.715 for release from pretrial 147.6 detention, the court shall make a reasonable and good faith 147.7 effort to notify the victim of the alleged crime. If the victim 147.8 is incapacitated or deceased, notice must be given to the 147.9 victim's family. If the victim is a minor, notice must be given 147.10 to the victim's parent or guardian. The notification must 147.11 include: 147.12 (1) the date and approximate time of the review; 147.13 (2) the location where the review will occur; 147.14 (3) the name and telephone number of a person that can be 147.15 contacted for additional information; and 147.16 (4) a statement that the victim and the victim's family may 147.17 attend the review. 147.18 As used in this section, "crime of violence" has the 147.19 meaning given it in section 624.712, subdivision 5, and also 147.20 includes section 609.21, gross misdemeanor violations of section 147.21 609.224, and nonfelony violations of sections 518B.01, 609.2231, 147.22 609.3451, 609.748, and 609.749. 147.23 Sec. 36. [EFFECTIVE DATE.] 147.24 Sections 1 to 12, 15, 18, 20, 22, and 26 to 28 are 147.25 effective August 1, 1997. Sections 14, 16, 17, 19, 24, and 35 147.26 are effective August 1, 1997, and apply to offenses committed on 147.27 or after that date. Sections 13, 21, and 23 are effective 147.28 August 1, 1997, and apply to proceedings conducted on or after 147.29 that date. Sections 25, and 29 to 34 are effective July 1, 1997. 147.30 ARTICLE 8 147.31 PUBLIC SAFETY 147.32 Section 1. Minnesota Statutes 1996, section 171.29, 147.33 subdivision 2, is amended to read: 147.34 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 147.35 license has been revoked as provided in subdivision 1, except 147.36 under section 169.121 or 169.123, shall pay a $30 fee before the 148.1 driver's license is reinstated. 148.2 (b) A person whose driver's license has been revoked as 148.3 provided in subdivision 1 under section 169.121 or 169.123 shall 148.4 pay a $250 fee plus a $10 surcharge before the driver's license 148.5 is reinstated. The $250 fee is to be credited as follows: 148.6 (1) Twenty percent shall be credited to the trunk highway 148.7 fund. 148.8 (2) Fifty-five percent shall be credited to the general 148.9 fund. 148.10 (3) Eight percent shall be credited to a separate account 148.11 to be known as the bureau of criminal apprehension account. 148.12 Money in this account may be appropriated to the commissioner of 148.13 public safety and the appropriated amount shall be apportioned 148.14 80 percent for laboratory costs and 20 percent for carrying out 148.15 the provisions of section 299C.065. 148.16 (4) Twelve percent shall be credited to a separate account 148.17 to be known as the alcohol-impaired driver education account. 148.18 Money in the account may be appropriated to the commissioner of 148.19 children, families, and learning for programs in elementary and 148.20 secondary schools. 148.21 (5) Five percent shall be credited to a separate account to 148.22 be known as the traumatic brain injury and spinal cord injury 148.23 account. $100,000 is annually appropriated from the account to 148.24 the commissioner of human services for traumatic brain injury 148.25 case management services. The remaining money in the account is 148.26 annually appropriated to the commissioner of health to establish 148.27 and maintain the traumatic brain injury and spinal cord injury 148.28 registry created in section 144.662 and to reimburse the 148.29 commissioner of economic security for the reasonable cost of 148.30 services provided under section 268A.03, clause (o). 148.31 (c) The $10 surcharge shall be credited to a separate 148.32 account to be known as the remote electronic alcohol monitoring 148.33 pilot program account. Up to $250,000 is annually appropriated148.34 from this account to the commissioner of corrections for a148.35 remote electronic alcohol monitoring pilot program. The148.36 unencumbered balance remaining in the first year of the biennium149.1 does not cancel but is available for the second year.The 149.2 commissioner shall transfer the balance of this account to the 149.3 commissioner of finance on a monthly basis for deposit in the 149.4 general fund. 149.5 Sec. 2. Minnesota Statutes 1996, section 260.161, 149.6 subdivision 3, is amended to read: 149.7 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 149.8 for records relating to an offense where proceedings are public 149.9 under section 260.155, subdivision 1, peace officers' records of 149.10 children who are or may be delinquent or who may be engaged in 149.11 criminal acts shall be kept separate from records of persons 18 149.12 years of age or older and are private data but shall be 149.13 disseminated: (1) by order of the juvenile court, (2) as 149.14 required by section 126.036, (3) as authorized under section 149.15 13.82, subdivision 2, (4) to the child or the child's parent or 149.16 guardian unless disclosure of a record would interfere with an 149.17 ongoing investigation, or (5) as otherwise provided in this 149.18 subdivision. Except as provided in paragraph (c), no 149.19 photographs of a child taken into custody may be taken without 149.20 the consent of the juvenile court unless the child is alleged to 149.21 have violated section 169.121 or 169.129. Peace officers' 149.22 records containing data about children who are victims of crimes 149.23 or witnesses to crimes must be administered consistent with 149.24 section 13.82, subdivisions 2, 3, 4, and 10. Any person 149.25 violating any of the provisions of this subdivision shall be 149.26 guilty of a misdemeanor. 149.27 In the case of computerized records maintained about 149.28 juveniles by peace officers, the requirement of this subdivision 149.29 that records about juveniles must be kept separate from adult 149.30 records does not mean that a law enforcement agency must keep 149.31 its records concerning juveniles on a separate computer system. 149.32 Law enforcement agencies may keep juvenile records on the same 149.33 computer as adult records and may use a common index to access 149.34 both juvenile and adult records so long as the agency has in 149.35 place procedures that keep juvenile records in a separate place 149.36 in computer storage and that comply with the special data 150.1 retention and other requirements associated with protecting data 150.2 on juveniles. 150.3 (b) Nothing in this subdivision prohibits the exchange of 150.4 information by law enforcement agencies if the exchanged 150.5 information is pertinent and necessary to the requesting agency 150.6 in initiating, furthering, or completing a criminal 150.7 investigation or for other law enforcement purposes. 150.8 (c) A photograph may be taken of a child taken into custody 150.9 pursuant to section 260.165, subdivision 1, clause (b), provided 150.10 that the photograph must be destroyed when the child reaches the 150.11 age of 19 years. The commissioner of corrections may photograph 150.12 juveniles whose legal custody is transferred to the 150.13 commissioner. Photographs of juveniles authorized by this 150.14 paragraph may be used only for institution management purposes, 150.15 case supervision by parole agents, and to assist law enforcement 150.16 agencies to apprehend juvenile offenders. The commissioner 150.17 shall maintain photographs of juveniles in the same manner as 150.18 juvenile court records and names under this section. 150.19 (d) Traffic investigation reports are open to inspection by 150.20 a person who has sustained physical harm or economic loss as a 150.21 result of the traffic accident. Identifying information on 150.22 juveniles who are parties to traffic accidents may be disclosed 150.23 as authorized under section 13.82, subdivision 4, and accident 150.24 reports required under section 169.09 may be released under 150.25 section 169.09, subdivision 13, unless the information would 150.26 identify a juvenile who was taken into custody or who is 150.27 suspected of committing an offense that would be a crime if 150.28 committed by an adult, or would associate a juvenile with the 150.29 offense, and the offense is not a minor traffic offense under 150.30 section 260.193. 150.31 (e) A law enforcement agency shall notify the principal or 150.32 chief administrative officer of a juvenile's school of an 150.33 incident occurring within the agency's jurisdiction if: 150.34 (1) the agency has probable cause to believe that the 150.35 juvenile has committed an offense that would be a crime if 150.36 committed as an adult, that the victim of the offense is a 151.1 student or staff member of the school, and that notice to the 151.2 school is reasonably necessary for the protection of the victim; 151.3 or 151.4 (2) the agency has probable cause to believe that the 151.5 juvenile has committed an offense described in subdivision 1b, 151.6 paragraph (a), clauses (1) to (3), that would be a crime if 151.7 committed by an adult, regardless of whether the victim is a 151.8 student or staff member of the school. 151.9 A law enforcement agency is not required to notify the 151.10 school under this paragraph if the agency determines that notice 151.11 would jeopardize an ongoing investigation. Notwithstanding 151.12 section 138.17, data from a notice received from a law 151.13 enforcement agency under this paragraph must be destroyed when 151.14 the juvenile graduates from the school or at the end of the 151.15 academic year when the juvenile reaches age 23, whichever date 151.16 is earlier. For purposes of this paragraph, "school" means a 151.17 public or private elementary, middle, or secondary school. 151.18 (f) In any county in which the county attorney operates or 151.19 authorizes the operation of a juvenile prepetition or pretrial 151.20 diversion program, a law enforcement agency or county attorney's 151.21 office may provide the juvenile diversion program with data 151.22 concerning a juvenile who is a participant in or is being 151.23 considered for participation in the program. 151.24 (g) Upon request of a local social service agency, peace 151.25 officer records of children who are or may be delinquent or who 151.26 may be engaged in criminal acts may be disseminated to the 151.27 agency to promote the best interests of the subject of the data. 151.28 Sec. 3. [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO 151.29 DISABLED.] 151.30 Subdivision 1. [OFFICER DISABLED IN LINE OF DUTY.] (a) 151.31 This subdivision applies when a peace officer suffers a 151.32 disabling injury that: 151.33 (1) results in the officer's retirement or separation from 151.34 service; 151.35 (2) occurs while the officer is acting in the course and 151.36 scope of duties as a peace officer; and 152.1 (3) the officer has been approved to receive the officer's 152.2 duty-related disability pension. 152.3 (b) The officer's employer shall continue to provide health 152.4 coverage for: 152.5 (1) the officer; and 152.6 (2) the officer's dependents if the officer was receiving 152.7 dependent coverage at the time of the injury under the 152.8 employer's group health plan. 152.9 (c) The employer is responsible for the continued payment 152.10 of the employer's contribution for coverage of the officer and, 152.11 if applicable, the officer's dependents. Coverage must continue 152.12 for the officer and, if applicable, the officer's dependents 152.13 until the officer reaches the age of 65. However, coverage for 152.14 dependents does not have to be continued after the person no 152.15 longer meets the definition of dependent. 152.16 Subd. 2. [OFFICER KILLED IN LINE OF DUTY.] (a) This 152.17 subdivision applies when a peace officer is killed while on duty 152.18 and discharging the officer's duties as a peace officer. 152.19 (b) The officer's employer shall continue to cover the 152.20 deceased officer's dependents if the officer was receiving 152.21 dependent coverage at the time of the officer's death under the 152.22 employer's group health plan. 152.23 (c) The employer is responsible for the employer's 152.24 contribution for the coverage of the officer's dependents. 152.25 Coverage must continue for a dependent of the officer for the 152.26 period of time that the person meets the definition of dependent 152.27 up to the age of 65. 152.28 Subd. 3. [COORDINATION OF BENEFITS.] Health insurance 152.29 benefits payable to the officer and the officer's dependents 152.30 from any other source provides the primary coverage, and 152.31 coverage available under this section is secondary. 152.32 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 152.33 employer subject to this section may annually apply to the 152.34 commissioner of public safety for reimbursement of its costs of 152.35 complying with this section. The commissioner shall provide 152.36 reimbursement to the public employer out of the public safety 153.1 officer's benefit account. 153.2 Subd. 5. [DEFINITION.] For purposes of this section: 153.3 (a) "Peace officer" or "officer" has the meaning given in 153.4 section 626.84, subdivision 1, paragraph (c). 153.5 (b) "Dependent" means a person who meets the definition of 153.6 dependent in section 62L.02, subdivision 11, at the time of the 153.7 officer's injury or death. 153.8 Subd. 6. [FULL-TIME FIREFIGHTERS.] Subdivisions 1, 2, 3, 153.9 and 5, paragraph (b), also apply to a full-time firefighter who 153.10 meets the other terms, conditions, and qualifications under 153.11 those subdivisions. 153.12 Sec. 4. Minnesota Statutes 1996, section 299A.61, 153.13 subdivision 1, is amended to read: 153.14 Subdivision 1. [ESTABLISHMENT.] The commissioner of public 153.15 safety, in cooperation with the commissioner of administration, 153.16 shall develop and maintain an integrated criminal alert network 153.17 to facilitate the communication of crime prevention information 153.18 by electronic means among state agencies, law enforcement 153.19 officials, and the private sector. The network shall 153.20 disseminate data regarding the commission of crimes, including 153.21 information on missing and endangered children, and attempt to 153.22 reduce theft and other crime by the use of electronic 153.23 transmission of information. In addition, the commissioner 153.24 shall evaluate the feasibility of using the network to 153.25 disseminate data regarding the use of fraudulent checks and the 153.26 coordination of security and antiterrorism efforts with the 153.27 Federal Bureau of Investigation. 153.28 Sec. 5. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 153.29 FORCE; GRANTS AUTHORIZED.] 153.30 Subdivision 1. [COUNCIL AND STRIKE FORCE ESTABLISHED.] (a) 153.31 A criminal gang oversight council is established. The council 153.32 shall consist of the following individuals or their designees: 153.33 the commissioner of public safety; the commissioner of 153.34 corrections; the superintendent of the bureau of criminal 153.35 apprehension; the attorney general; the Hennepin, Ramsey, St. 153.36 Louis, and Olmsted county attorneys; the chief law enforcement 154.1 officers for Minneapolis, St. Paul, and Duluth; the Hennepin, 154.2 Ramsey, St. Louis, and Olmsted county sheriffs; a chief of 154.3 police selected by the president of the Minnesota Association of 154.4 Chiefs of Police, a representative of the Minnesota Police and 154.5 Peace Officers Association selected by the president of the 154.6 association, a county attorney selected by the president of the 154.7 Minnesota County Attorneys Association; a sheriff selected by 154.8 the president of the Minnesota Sheriffs Association from a 154.9 county in the seven-county metropolitan area other than Hennepin 154.10 or Ramsey county; and a sheriff selected by the president of the 154.11 Minnesota Sheriffs Association from a county outside the 154.12 seven-county metropolitan area. The attorney general and the 154.13 commissioner of public safety shall serve as the cochairs of the 154.14 council. The council shall develop the protocol for and oversee 154.15 the creation and operation of a statewide criminal gang strike 154.16 force. The council shall be responsible for developing a 154.17 statewide strategic plan to investigate and prosecute crimes 154.18 committed by criminal gangs. As far as practicable, this plan 154.19 must address all criminal gangs operating in the state 154.20 regardless of location or the motivation or ethnicity of the 154.21 gangs' members. The plan must target individuals or groups 154.22 based on specific identifiable activity that indicates gang 154.23 membership or criminal behavior, not their physical appearance. 154.24 The plan must list what constitutes gang activity. The plan 154.25 must take into account the rights of groups and individuals that 154.26 the strike force may target and protect against abuses of these 154.27 rights. The strike force shall consist of law enforcement 154.28 officers, bureau of criminal apprehension agents, a 154.29 prosecutorial unit, and a communications and intelligence 154.30 network. The strike force shall implement the strategy 154.31 developed by the council and is responsible for tactical 154.32 decisions regarding the implementation of the strategy. In 154.33 addition and upon request, the strike force shall assist and 154.34 train local governmental units, law enforcement agencies, and 154.35 prosecutor's offices in methods to identify criminal gangs and 154.36 gang members and in ways to successfully prosecute crimes 155.1 committed by these individuals. To the greatest extent 155.2 possible, the strike force shall operate as a cohesive unit 155.3 exclusively for the purposes listed in this section for a 155.4 two-year period. If regional units are created under paragraph 155.5 (e), the council shall ensure that the existence and operation 155.6 of these units do not impair the overall goal of a uniform 155.7 statewide strategy to combat crimes committed by gangs. 155.8 (b) The council shall select the members of the strike 155.9 force and ensure that they are experienced in the investigation 155.10 and prosecution of crimes committed by criminal gangs. The 155.11 council shall ensure that all law enforcement officers selected 155.12 to join the strike force are licensed peace officers. In 155.13 selecting members of the strike force, the council shall consult 155.14 with chiefs of local law enforcement agencies, sheriffs, county 155.15 attorneys, and other interested parties. The council shall 155.16 request these individuals to recommend willing and experienced 155.17 persons under their jurisdiction who would help the strike force 155.18 and to permit those persons to join it. To the greatest extent 155.19 possible, entities contributing members to the strike force are 155.20 encouraged to also contribute equipment and other support. The 155.21 council shall attempt to ensure that these entities do so. 155.22 (c) Members of the strike force shall serve on the force 155.23 for the entirety of its existence unless the council decides 155.24 otherwise. Members shall continue to be employed by the same 155.25 organization they were employed by prior to joining the strike 155.26 force. However, a member shall be under the exclusive command 155.27 of the strike force while serving on the strike force. A member 155.28 of the strike force may request a transfer from the council if 155.29 the member desires to be transferred back to the position the 155.30 member held before joining the strike force. Additionally, a 155.31 local law enforcement agency head may require the strike force 155.32 immediately to transfer back a peace officer member of the 155.33 strike force temporarily or permanently based on departmental 155.34 needs. The council shall approve and arrange for a transfer of 155.35 a member who is not a peace officer as soon as is practicable. 155.36 If a member is transferred from the strike force, the person in 156.1 charge of the organization from which the member came, shall 156.2 arrange for an experienced individual, acceptable to the 156.3 council, to replace the transferred person on the strike force. 156.4 If this arrangement cannot be made, any grant received under 156.5 subdivision 5 must be repaid on a prorated basis. 156.6 (d) The council may designate a member of the strike force 156.7 to be its leader and if any regional units authorized under 156.8 paragraph (e) are created, may designate leaders of the units. 156.9 This person or these persons shall serve at the pleasure of the 156.10 council and shall be responsible for the day-to-day operation of 156.11 the strike force or unit. However, the council is responsible 156.12 for the oversight of the strike force and any individual units. 156.13 (e) If the council decides that it would be more effective 156.14 and efficient to have distinct regional units concentrating on 156.15 specific areas of the state within the strike force, it may do 156.16 so either by initially creating various regional units within 156.17 the strike force and selecting members accordingly or by doing 156.18 so at a later date. If the council chooses to do this, the 156.19 other provisions of this section shall still apply to the 156.20 individual units and the council shall still have the duty and 156.21 authority to develop necessary protocols for and to oversee the 156.22 operation of each individual unit. The council may continue to 156.23 alter the structure of the strike force and any units composing 156.24 it in any way designed to further its effectiveness and to carry 156.25 out the intent of this section. 156.26 (f) The prosecutorial unit of the strike force shall serve 156.27 under the direction of a prosecution working group. The 156.28 prosecution working group consists of the attorney general and 156.29 the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys. 156.30 The prosecution working group may invite the United States 156.31 attorney for the district of Minnesota to serve as an ex-officio 156.32 member of the prosecution working group. The attorney general 156.33 shall serve as the chair of the prosecution working group. 156.34 The prosecution working group described in paragraph (a) 156.35 shall develop a policy delineating the role of the attorneys in 156.36 the strike force and specifying how criminal cases developed by 157.1 the strike force will be prosecuted. To the greatest extent 157.2 possible, this policy must utilize the expertise of county and 157.3 city attorneys throughout the state, the attorney general's 157.4 office, and the United States Attorney's Office; and must 157.5 maximize cooperation with these prosecutors. It must also 157.6 address the role of the prosecutorial unit in other matters, 157.7 including, but not limited to, training local prosecutors in 157.8 prosecuting cases involving criminal gangs, interviewing 157.9 witnesses, and cooperating with other strike force members in 157.10 developing and building strong cases. The policy shall be 157.11 submitted to the council for review. 157.12 (g) The assistant attorney general assigned to the strike 157.13 force, in addition to helping develop the policy described in 157.14 paragraph (f) and in carrying out the individual tasks specified 157.15 in the policy after it is approved by the council, shall 157.16 generally advise the council on any matters that the council 157.17 deems appropriate. The attorney general or a designee also will 157.18 serve as a liaison between the criminal gang oversight council 157.19 established in this subdivision and the councils created in 157.20 sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney 157.21 general or a designee will be responsible for: 157.22 (1) informing the councils of the criminal gang oversight 157.23 council's plans, activities, and decisions and hearing their 157.24 reactions to those plans, activities, and decisions; and 157.25 (2) providing the criminal gang oversight council with 157.26 information about the councils' position on the oversight 157.27 council's plans, activities, and decisions. 157.28 In no event is the criminal gang oversight council required 157.29 to disclose the names of individuals identified by it to the 157.30 councils referenced in this paragraph. 157.31 Nothing in this paragraph changes the data classification 157.32 of any data held by the oversight council. 157.33 Subd. 2. [STATEWIDE JURISDICTION.] Law enforcement 157.34 officers who are members of the strike force shall have 157.35 statewide jurisdiction to conduct criminal investigations and 157.36 shall possess the same powers of arrest as those possessed by a 158.1 sheriff. Prosecutors assigned to the prosecutorial unit of the 158.2 strike force shall have all the powers of an assistant attorney 158.3 general under section 8.01 to prosecute gang crimes investigated 158.4 throughout the state by the law enforcement officers assigned to 158.5 the strike force. 158.6 Subd. 3. [LIABILITY AND WORKERS' COMPENSATION.] While 158.7 operating under the scope of this section, members of the strike 158.8 force are "employees of the state" as defined in section 3.736 158.9 and are considered employees of the department of public safety 158.10 for purposes of chapter 176. 158.11 Subd. 4. [REQUIRED REPORT.] By February 1 of each year, 158.12 the council shall report to the chairs of the senate and house 158.13 of representatives committees or divisions having jurisdiction 158.14 over criminal justice policy and funding on the activities of 158.15 the council and strike force. 158.16 Subd. 5. [REIMBURSEMENT GRANTS AUTHORIZED.] The council 158.17 may award grants to local law enforcement agencies, county 158.18 attorney's and sheriff's offices, and other organizations that 158.19 have contributed members to the strike force to hire new persons 158.20 to replace those who have joined the force. A grant may cover a 158.21 two-year period and reimburse the recipient for up to 100 158.22 percent of the salary of the departed person. A recipient of a 158.23 grant under this subdivision shall use the money to hire a new 158.24 person to replace the person who has joined the strike force, 158.25 thus, keeping its complement of employees at the same level. 158.26 The money may not be used to pay for equipment or uniforms. 158.27 Subd. 6. [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 158.28 CRIMINAL GANGS.] (a) The council may award grants to local law 158.29 enforcement agencies and city and county attorneys' offices to 158.30 expand the agency's or office's capacity to successfully 158.31 investigate and prosecute crimes committed by criminal gangs. 158.32 (b) Grant applicants under this subdivision shall submit to 158.33 the council a detailed plan describing the uses for which the 158.34 money will be put. The council shall evaluate grant 158.35 applications and award grants in a manner that will best ensure 158.36 positive results. The council may award grants to purchase 159.1 necessary equipment and to develop or upgrade computer systems 159.2 if the council determines that this will best aid the 159.3 recipient's attempts to combat criminal gangs. The council 159.4 shall require recipients of grants to provide follow-up reports 159.5 to the council detailing the success of the recipient in 159.6 combating criminal gangs. 159.7 (c) The council shall condition grants made under this 159.8 subdivision to require that recipients agree to cooperate with 159.9 the council and the bureau of criminal apprehension in creating 159.10 and expanding a comprehensive criminal gang information system 159.11 and in implementing the strategy developed by the council to 159.12 combat criminal gangs. Grant recipients shall agree to provide 159.13 the council and bureau with any requested information regarding 159.14 the activities and characteristics of criminal gangs and gang 159.15 members operating within its jurisdiction. 159.16 Sec. 6. Minnesota Statutes 1996, section 299A.63, 159.17 subdivision 4, is amended to read: 159.18 Subd. 4. [ATTORNEY GENERAL DUTIES.] (a) The attorney 159.19 general may assist cities and local law enforcement officials in 159.20 developing and implementing anticrime and neighborhood community 159.21 revitalization strategies and may assist local prosecutors in 159.22 prosecuting crimes occurring in the targeted neighborhoods that 159.23 receive funding under this section. Upon request of the local 159.24 prosecuting authority, the attorney general may appear in court 159.25 in those civil and criminal cases arising as a result of this 159.26 section that the attorney general deems appropriate. For the 159.27 purposes of this section, the attorney general may appear in 159.28 court in nuisance actions under chapter 617, and misdemeanor 159.29 prosecutions under chapter 609. 159.30 (b) The attorney general shall developmay assist cities in 159.31 developing appropriate applications to the United States 159.32 Department of Justice for federal weed and seed grants for use 159.33 in conjunction with grants awarded under this section. 159.34 Sec. 7. Minnesota Statutes 1996, section 299C.10, 159.35 subdivision 4, is amended to read: 159.36 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 160.1 APPROPRIATION.] The superintendent shall collect a fee in an 160.2 amount to cover the expense for each background check provided 160.3 for a purpose not directly related to the criminal justice 160.4 system or required by section 624.7131, 624.7132, or 624.714. 160.5 The proceeds of the fee must be deposited in a special account. 160.6 Until July 1, 1997,Money in the account is appropriated to the 160.7 commissioner to maintain and improve the quality of the criminal 160.8 record system in Minnesota. 160.9 Sec. 8. Minnesota Statutes 1996, section 299C.65, is 160.10 amended by adding a subdivision to read: 160.11 Subd. 5. [REVIEW OF FUNDING REQUESTS.] The criminal and 160.12 juvenile justice information policy group shall review the 160.13 funding requests for criminal justice information systems from 160.14 state, county, and municipal government agencies. The policy 160.15 group shall review the requests for compatibility to statewide 160.16 criminal justice information systems. The review shall be 160.17 forwarded to the chairs of the house judiciary committee and 160.18 judiciary finance division, and the chairs of the senate crime 160.19 prevention committee and crime prevention and judiciary finance 160.20 division. 160.21 Sec. 9. Minnesota Statutes 1996, section 299D.07, is 160.22 amended to read: 160.23 299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 160.24 The commissioner of public safety is hereby authorized to 160.25 retain, acquire, maintain and operate helicopters and fixed wing 160.26 aircraft for the purposes of the highway patrol and the Bureau 160.27 of Criminal Apprehension and for any other law enforcement 160.28 purpose that the commissioner determines is appropriate. The 160.29 commissioner also is authorized to employ state patrol officer 160.30 pilots as required. 160.31 Sec. 10. Minnesota Statutes 1996, section 299F.051, is 160.32 amended to read: 160.33 299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 160.34 PEACE OFFICERS.] 160.35 Subdivision 1. [ CONTENTTRAINING UNIT.] An arson training 160.36 unit is established within the division of fire marshal to 161.1 develop and administer arson training courses throughout the 161.2 state for law enforcement and fire service personnel and for 161.3 prosecutors. 161.4 Subd. 1a. [CURRICULUM.] The superintendent of thearson 161.5 training unit, in consultation with the bureau of criminal 161.6 apprehension, after consultation withthe state fire marshal, 161.7 the Minnesota peace officersofficer standards and training 161.8 board, the county attorneys association, the attorney general, 161.9 and the state advisory council on fire service education and 161.10 research, shall establish the content ofa standardized 161.11 curriculum to be included in the training programs which shall161.12 be available to firefighters and peace officers from political161.13 subdivisions. The contentstandardized curriculum shall include 161.14 fire scene investigation and preservation of evidence, 161.15 interviewing of witnesses and suspects, constitutional limits on 161.16 interrogation by sworn and nonsworn officers, and other topics 161.17 deemed necessary to successful criminal investigation .and 161.18 prosecution. The training program offered to peace officers 161.19 shall meet the applicable preservice training requirements 161.20 established by the peace officer standards and training board 161.21 under section 626.8456. 161.22 Subd. 2. [TRAINING LOCATIONS, INSTRUCTORS.] The arson 161.23 training unit, in cooperation with the superintendent of the 161.24 bureau of criminal apprehension, the board of peace officer 161.25 standards and training, the county attorneys association, and 161.26 the attorney general, shall provide courses at convenient 161.27 locations in the state for training firefighters and, peace 161.28 officers, and prosecutors in: 161.29 (1) the conduct of investigations following the occurrence 161.30 of a fire; and 161.31 (2) the prosecution of arson cases. 161.32 For this purpose, the superintendentarson training unit 161.33 may use the services and employees of the bureau, the state fire 161.34 marshal, and the attorney general. In addition, after161.35 consultation with the state fire marshal, the superintendentthe 161.36 arson training unit is authorized to establish minimum 162.1 qualifications for training course instructors, and engage 162.2 part-time instructors necessary and proper to furnish the best 162.3 possible instruction, subject to the limitation of funds 162.4 appropriated and available for expenditure. Laws 1981, chapter 162.5 210, sections 1 to 48, shall not apply to the part-time 162.6 instructors. 162.7 Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and162.8 the superintendent ofarson training unit, in cooperation with 162.9 the bureau of criminal apprehension, in cooperation with the162.10 Minnesota board of peace officer standards and training,shall 162.11 encourage the establishment ofoffer in-service and refresher 162.12 training for firefighters and peace officers through schools 162.13 administered by the state, county, school district, 162.14 municipality, or joint or contractual combinations thereof. The 162.15 in-service training courses offered for peace officers shall be 162.16 eligible for continuing education credit from the Minnesota 162.17 board of peace officersofficer standards and training shall162.18 report to the governor and legislature on the progress made in162.19 this effort as provided in section 626.843. 162.20 Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 162.21 state fire marshal and the superintendent of the bureau of 162.22 criminal apprehension shall encourage the cooperation of local 162.23 firefighters and peace officers in the investigation of 162.24 violations of sections 609.561 to 609.576 or other crimes 162.25 associated with reported fires in all appropriate ways, 162.26 including theproviding reimbursement ofto political 162.27 subdivisions at a rate not to exceed 50 percent of the salaries 162.28 of peace officers and firefighters for time spent in attending 162.29 fire investigation training courses offered by the bureauarson 162.30 training unit. Volunteer firefighters from a political 162.31 subdivision shall be reimbursed at the rate of $35 per day plus 162.32 expenses incurred in attending fire investigation training 162.33 courses offered by the bureauarson training unit. 162.34 Reimbursement shall be made only in the event that both a peace 162.35 officer and a firefighter from the same political subdivision 162.36 attend the same training course. The reimbursement shall be 163.1 subject to the limitation of funds appropriated and available 163.2 for expenditure. The state fire marshal and the superintendent 163.3 also shall encourage local firefighters and peace officers to 163.4 seek assistance from the arson strike force established in 163.5 section 299F.058. 163.6 Sec. 11. [299F.058] [ARSON STRIKE FORCE.] 163.7 Subdivision 1. [ARSON STRIKE FORCE.] A multijurisdictional 163.8 arson strike force is established to provide expert 163.9 investigative and prosecutorial assistance to local agencies on 163.10 request in complex or serious cases involving suspected arson. 163.11 Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists 163.12 of representatives from the following agencies and organizations: 163.13 (1) the division of fire marshal; 163.14 (2) the bureau of criminal apprehension; 163.15 (3) the office of attorney general; 163.16 (4) the Minnesota county attorneys association; 163.17 (5) the Bureau of Alcohol, Tobacco, and Firearms of the 163.18 United States Treasury Department; 163.19 (6) the Minneapolis police and fire arson unit; 163.20 (7) the St. Paul police and fire arson unit; 163.21 (8) licensed private detectives selected by the state fire 163.22 marshal or the attorney general or their designees; and 163.23 (9) any other arson experts the arson strike force deems 163.24 appropriate to include. 163.25 The arson strike force, as necessary, may consult and work 163.26 with representatives of property insurance agencies and 163.27 organizations and any other private organizations that have 163.28 expertise in arson investigations and prosecutions. 163.29 (b) Representatives from the attorney general's office and 163.30 the county attorneys association who are members of the arson 163.31 strike force shall assist in administering the strike force. 163.32 Subd. 3. [INVESTIGATIVE DUTIES.] (a) The arson strike 163.33 force shall be available on a statewide basis to assist local 163.34 public safety agencies in investigating the following types of 163.35 suspected arson cases: 163.36 (1) serial fires; 164.1 (2) multijurisdictional fires; 164.2 (3) fires causing death or serious injury to a public 164.3 safety officer; 164.4 (4) fires resulting in multiple deaths or injuries; or 164.5 (5) fires causing over $1,000,000 in damage. 164.6 (b) The arson strike force shall establish a mechanism for 164.7 informing local public safety agencies that it is available to 164.8 assist in the investigation of the suspected arson cases 164.9 described in paragraph (a). 164.10 (c) The arson strike force shall, by means of a memorandum 164.11 of understanding among the involved agencies, develop and 164.12 implement a protocol for the strike force's activation and 164.13 operation in local cases of suspected arson. 164.14 (d) The arson strike force shall assist the arson training 164.15 unit established in section 299F.051 in developing and 164.16 implementing educational programs for public safety personnel on 164.17 investigating arson cases. 164.18 Subd. 4. [PROSECUTION DUTIES.] (a) The arson strike force 164.19 may identify and establish a team of prosecutors with experience 164.20 in arson cases who will provide advice, on request, to local 164.21 prosecutors who are prosecuting or preparing to prosecute arson 164.22 cases. This team shall include prosecutors from the attorney 164.23 general's office and county prosecutors who are identified and 164.24 selected by the county attorneys association. 164.25 (b) The arson strike force shall assist the arson training 164.26 unit established in section 299F.051 in developing educational 164.27 programs and manuals to assist prosecutors in prosecuting arson 164.28 cases. 164.29 Sec. 12. [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 164.30 Subdivision 1. [INTERVENTION NETWORK.] The state fire 164.31 marshal shall establish a statewide juvenile firesetter 164.32 intervention network. The network shall include a clearinghouse 164.33 of resources and materials to assist fire service personnel, 164.34 schools, law enforcement agencies, and mental health 164.35 professionals in understanding juvenile firesetting behavior and 164.36 symptoms and intervening with juveniles who engage in the 165.1 behavior or display the symptoms. The state fire marshal shall 165.2 include in the network the comprehensive, injury prevention 165.3 education curriculum provided for in subdivision 2. 165.4 Subd. 2. [EDUCATIONAL CURRICULUM.] The state fire marshal 165.5 shall ensure implementation of a comprehensive, injury 165.6 prevention education curriculum that focuses on juvenile fire 165.7 play intervention and injury prevention. The curriculum shall 165.8 be made available to schools and other interested organizations 165.9 statewide. 165.10 Subd. 3. [ANNUAL TRAINING FORUM.] The state fire marshal 165.11 shall develop strategies and plans designed to reduce the number 165.12 of juvenile firesetting incidents. The state fire marshal shall 165.13 offer an annual training forum for fire service and law 165.14 enforcement personnel and for juvenile justice, medical, 165.15 educational, mental health, and other interested professionals 165.16 to discuss these strategies and other issues relating to 165.17 juvenile firesetter behavior and symptoms. 165.18 Subd. 4. [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 165.19 CHILDREN.] The state fire marshal shall develop an ongoing media 165.20 awareness campaign to instruct parents, retailers, and the 165.21 community on the importance of keeping fire materials away from 165.22 children and on methods for accomplishing that objective. 165.23 Sec. 13. Minnesota Statutes 1996, section 299F.06, 165.24 subdivision 3, is amended to read: 165.25 Subd. 3. [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 165.26 EVIDENCE.] Any witness who refuses to be sworn, or who refuses 165.27 to testify, or who disobeys any lawful order of the state fire 165.28 marshal, chief assistant fire marshal, or deputy state fire 165.29 marshal in relation to the investigation, or who fails or 165.30 refuses to produce any paper, book, or document touching any 165.31 matter under examination, or who is guilty of any contemptuous 165.32 conduct, after being summoned to appear before them to give 165.33 testimony in relation to any matter or subject under examination 165.34 or investigation may be summarilypunished by the state fire165.35 marshal, chief assistant state fire marshal, or deputy state165.36 fire marshals as for contempt by a fine in a sum not exceeding166.1 $100 or be committed to the county jail until such time as such166.2 person may be willing to comply with any reasonable order made166.3 by the state fire marshal, chief assistant state fire marshal,166.4 or deputy state fire marshals, as provided in this chapterany 166.5 district court in the same manner as if the proceedings were 166.6 pending in that court, andsubject to the provisions of section 166.7 588.01. 166.8 Sec. 14. Minnesota Statutes 1996, section 609.035, 166.9 subdivision 1, is amended to read: 166.10 Subdivision 1. Except as provided in subdivision166.11 subdivisions 2, subdivision3, and 4, and in sections 609.251, 166.12 609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 166.13 609.494, and 609.856, if a person's conduct constitutes more 166.14 than one offense under the laws of this state, the person may be 166.15 punished for only one of the offenses and a conviction or 166.16 acquittal of any one of them is a bar to prosecution for any 166.17 other of them. All the offenses, if prosecuted, shall be 166.18 included in one prosecution which shall be stated in separate 166.19 counts. 166.20 Sec. 15. Minnesota Statutes 1996, section 609.035, is 166.21 amended by adding a subdivision to read: 166.22 Subd. 4. [EXCEPTION; ARSON OFFENSES.] Notwithstanding 166.23 section 609.04, a prosecution for or conviction of a violation 166.24 of sections 609.561 to 609.563 or 609.5641 is not a bar to 166.25 conviction of or punishment for any other crime committed by the 166.26 defendant as part of the same conduct when the defendant is 166.27 shown to have violated sections 609.561 to 609.563 or 609.5641 166.28 for the purpose of concealing any other crime. 166.29 For purposes of the sentencing guidelines, a violation of 166.30 sections 609.561 to 609.593 or 609.5641 is a crime against the 166.31 person. 166.32 Sec. 16. Minnesota Statutes 1996, section 609.115, 166.33 subdivision 1, is amended to read: 166.34 Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a 166.35 defendant has been convicted of a misdemeanor or gross 166.36 misdemeanor, the court may, and when the defendant has been 167.1 convicted of a felony, the court shall, before sentence is 167.2 imposed, cause a presentence investigation and written report to 167.3 be made to the court concerning the defendant's individual 167.4 characteristics, circumstances, needs, potentialities, criminal 167.5 record and social history, the circumstances of the offense and 167.6 the harm caused by it to others and to the community. At the 167.7 request of the prosecutor in a gross misdemeanor case, the court 167.8 shall order that a presentence investigation and report be 167.9 prepared. The investigation shall be made by a probation 167.10 officer of the court, if there is one; otherwise it shall be 167.11 made by the commissioner of corrections. The officer conducting 167.12 the presentence or predispositional investigation shall make 167.13 reasonable and good-faith efforts to contact and provide the 167.14 victim with the information required under section 611A.037, 167.15 subdivision 2. Presentence investigations shall be conducted 167.16 and summary hearings held upon reports and upon the sentence to 167.17 be imposed upon the defendant in accordance with this section, 167.18 section 244.10, and the rules of criminal procedure. 167.19 (b) When the crime is a violation of sections 609.561 to 167.20 609.563, 609.5641, or 609.576 and involves a fire, the report 167.21 shall include a description of the financial and physical harm 167.22 the offense has had on the public safety personnel who responded 167.23 to the fire. For purposes of this paragraph, "public safety 167.24 personnel" means the state fire marshal; employees of the 167.25 division of the state fire marshal; firefighters, regardless of 167.26 whether the firefighters receive any remuneration for providing 167.27 services; peace officers, as defined in section 626.05, 167.28 subdivision 2; individuals providing emergency management 167.29 services; and individuals providing emergency medical services. 167.30 (c) When the crime is a felony violation of chapter 152 167.31 involving the sale or distribution of a controlled substance, 167.32 the report shall include a description of any adverse social or 167.33 economic effects the offense has had on persons who reside in 167.34 the neighborhood where the offense was committed. 167.35 (d) The report shall also include the information relating 167.36 to crime victims required under section 611A.037, subdivision 1. 168.1 If the court directs, the report shall include an estimate of 168.2 the prospects of the defendant's rehabilitation and 168.3 recommendations as to the sentence which should be imposed. In 168.4 misdemeanor cases the report may be oral. 168.5 (e) When a defendant has been convicted of a felony, and 168.6 before sentencing, the court shall cause a sentencing worksheet 168.7 to be completed to facilitate the application of the Minnesota 168.8 sentencing guidelines. The worksheet shall be submitted as part 168.9 of the presentence investigation report. 168.10 The investigation shall be made by a probation officer of168.11 the court, if there is one, otherwise by the commissioner of168.12 corrections. The officer conducting the presentence or168.13 predispositional investigation shall make reasonable and good168.14 faith efforts to contact the victim of that crime and to provide168.15 that victim with the information required under section168.16 611A.037, subdivision 2.168.17 (f) When a person is convicted of a felony for which the 168.18 sentencing guidelines presume that the defendant will be 168.19 committed to the commissioner of corrections under an executed 168.20 sentence and no motion for a sentencing departure has been made 168.21 by counsel, the court may, when there is no space available in 168.22 the local correctional facility, commit the defendant to the 168.23 custody of the commissioner of corrections, pending completion 168.24 of the presentence investigation and report. When a defendant 168.25 is convicted of a felony for which the sentencing guidelines do 168.26 not presume that the defendant will be committed to the 168.27 commissioner of corrections, or for which the sentencing 168.28 guidelines presume commitment to the commissioner but counsel 168.29 has moved for a sentencing departure, the court may commit the 168.30 defendant to the commissioner with the consent of the 168.31 commissioner, pending completion of the presentence 168.32 investigation and report. The county of commitment shall return 168.33 the defendant to the court when the court so orders. 168.34 Presentence investigations shall be conducted and summary168.35 hearings held upon reports and upon the sentence to be imposed168.36 upon the defendant in accordance with this section, section169.1 244.10, and the rules of criminal procedure.169.2 Sec. 17. [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 169.3 ARSON AWARENESS.] 169.4 Subdivision 1. [TRAINING COURSE.] The board, in 169.5 consultation with the division of fire marshal, shall prepare 169.6 objectives for a training course to instruct peace officers in 169.7 fire scene response and arson awareness. 169.8 Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual 169.9 is not eligible to take the peace officer licensing examination 169.10 after August 1, 1998, unless the individual has received the 169.11 training described in subdivision 1. 169.12 Sec. 18. [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 169.13 AGENTS TO STRIKE FORCE.] 169.14 The superintendent of the bureau of criminal apprehension 169.15 shall assign experienced agents to the strike force described in 169.16 section 299A.625. These agents shall operate exclusively for 169.17 the purposes listed in section 299A.625 under the protocol 169.18 developed by the criminal gang oversight council. 169.19 Sec. 19. [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 169.20 STRIKE FORCE.] 169.21 The attorney general shall assign an assistant attorney 169.22 general experienced in the prosecution of crimes committed by 169.23 criminal gangs to the strike force described in section 299A.625. 169.24 This attorney shall operate exclusively for the purposes listed 169.25 in section 299A.625 under the protocol developed by the 169.26 prosecution working group. 169.27 Sec. 20. [REPEALER.] 169.28 Minnesota Statutes 1996, sections 299A.01, subdivision 6; 169.29 and 299F.07, are repealed. Minnesota Rules, parts 7419.0100; 169.30 7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 169.31 7419.0700; and 7419.0800, are repealed. 169.32 Sec. 21. [EFFECTIVE DATE.] 169.33 Sections 14 to 16 are effective August 1, 1997, and apply 169.34 to crimes committed on or after that date. 169.35 ARTICLE 9 169.36 CORRECTIONS 170.1 Section 1. Minnesota Statutes 1996, section 144.761, 170.2 subdivision 5, is amended to read: 170.3 Subd. 5. [EMERGENCY MEDICAL SERVICES PERSONNEL.] 170.4 "Emergency medical services personnel" means: 170.5 (1) individuals employed to provide prehospital emergency 170.6 medical services; 170.7 (2) persons employed as licensed police officers under 170.8 section 626.84, subdivision 1, who experience a significant 170.9 exposure in the performance of their duties; 170.10 (3) firefighters, paramedics, emergency medical 170.11 technicians, licensed nurses, rescue squad personnel, or other 170.12 individuals who serve as employees or volunteers of an ambulance 170.13 service as defined by sections 144.801 to 144.8091, who provide 170.14 prehospital emergency medical services; 170.15 (4) crime lab personnel receiving a significant exposure 170.16 while involved in a criminal investigation; 170.17 (5) correctional guards , including security guards at the170.18 Minnesota security hospital, employed by the state or a local170.19 unit of government who experienceemployed in state and local 170.20 correctional facilities and other employees of the state 170.21 department of corrections, if the guard or employee experiences 170.22 a significant exposure to an inmate who is transported to a170.23 facility for emergency medical carein the performance of their 170.24 duties; and170.25 (6) employees at the Minnesota security hospital and the 170.26 Minnesota sexual psychopathic personality treatment center who 170.27 are employed by the state or a local unit of government and who 170.28 experience a significant exposure in the performance of their 170.29 duties; and 170.30 (7) other persons who render emergency care or assistance 170.31 at the scene of an emergency, or while an injured person is 170.32 being transported to receive medical care, and who would qualify 170.33 for immunity from liability under the good samaritan law, 170.34 section 604A.01. 170.35 Sec. 2. Minnesota Statutes 1996, section 144.761, 170.36 subdivision 7, is amended to read: 171.1 Subd. 7. [SIGNIFICANT EXPOSURE.] "Significant exposure" 171.2 means: 171.3 (1) contact, in a manner supported by contemporary 171.4 epidemiological research as a method of HIV or hepatitis B 171.5 transmission, of the broken skin or mucous membrane of emergency 171.6 medical services personnel with a patient's blood, amniotic 171.7 fluid, pericardial fluid, peritoneal fluid, pleural fluid, 171.8 synovial fluid, cerebrospinal fluid, semen, vaginal secretions, 171.9 or bodily fluids grossly contaminated with blood; 171.10 (2) a needle stick, scalpel or instrument wound, or other 171.11 wound inflicted by an object that is contaminated with blood, 171.12 and that is capable of cutting or puncturing the skin of 171.13 emergency medical services personnel; or 171.14 (3) an exposure that occurs by any other method of 171.15 transmission recognized by contemporary epidemiological 171.16 standards as a significant exposure. 171.17 Sec. 3. Minnesota Statutes 1996, section 144.762, 171.18 subdivision 2, is amended to read: 171.19 Subd. 2. [REQUIREMENTS FOR PROTOCOL.] The postexposure 171.20 notification protocol must include the following: 171.21 (1) a method for emergency medical services personnel to 171.22 notify the facility that they may have experienced a significant 171.23 exposure from a patient that was transported to the facility. 171.24 The facility shall provide to the emergency medical services 171.25 personnel a significant exposure report form to be completed by 171.26 the emergency medical services personnel in a timely fashion; 171.27 (2) a process to investigate and determine whether a 171.28 significant exposure has occurred. This investigation must be 171.29 completed within 72 hours of receipt of the exposure report, or 171.30 within a time period that will enable the patient to benefit 171.31 from contemporary standards of care for reducing the risk of 171.32 infection; 171.33 (3) if there has been a significant exposure, a process to 171.34 determine whether the patient has hepatitis B or HIV infection; 171.35 (4) if the patient has an infectious disease that could be 171.36 transmitted by the type of exposure that occurred, or, if it is 172.1 not possible to determine what disease the patient may have, a 172.2 process for making recommendations for appropriate counseling 172.3 and testing to the emergency medical services personnel; 172.4 (5) compliance with applicable state and federal laws 172.5 relating to data practices, confidentiality, informed consent, 172.6 and the patient bill of rights; and 172.7 (6) a process for providing counseling for the patient to 172.8 be tested and for the emergency medical services personnel 172.9 filing the exposure report. 172.10 Sec. 4. Minnesota Statutes 1996, section 144.762, is 172.11 amended by adding a subdivision to read: 172.12 Subd. 2a. [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition 172.13 to the protocol requirements under subdivision 2, the 172.14 postexposure notification protocol must provide a process for a 172.15 licensed physician at the facility to conduct an immediate 172.16 investigation into whether a significant exposure has occurred 172.17 whenever emergency medical services personnel present themselves 172.18 at a facility within six hours of a possible significant 172.19 exposure. If the investigation shows that a significant 172.20 exposure occurred, the protocol must provide a process for 172.21 determining whether the patient has hepatitis B or HIV infection 172.22 by means of voluntary testing or, if necessary, court-ordered 172.23 testing of the patient. 172.24 Sec. 5. Minnesota Statutes 1996, section 144.765, is 172.25 amended to read: 172.26 144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 172.27 Subdivision 1. [VOLUNTARY TESTING.] Upon notification of a 172.28 significant exposure, the facility shall ask the patient to 172.29 consent to blood testing to determine the presence of the HIV 172.30 virus or the hepatitis B virus. The patient shall be informed 172.31 that the test results without personally identifying information 172.32 will be reported to the emergency medical services personnel. 172.33 The patient shall be informed of the right to refuse to be 172.34 tested. If the patient refuses to be tested, the patient's 172.35 refusal will be forwarded to the emergency medical services 172.36 agency and to the emergency medical services personnel. 173.1 Subd. 2. [MANDATORY TESTING.] The right to refuse a blood 173.2 test under the circumstances described in this section does not 173.3 apply to a prisoner who is in the custody or under the 173.4 jurisdiction of the commissioner of corrections or a local 173.5 correctional authority as a result of a criminal conviction. 173.6 Subd. 3. [COURT ORDER.] If a patient is subject to 173.7 voluntary testing under section 144.762, subdivision 2a, and 173.8 either is unavailable for immediate testing at the facility or 173.9 refuses to submit to a blood test, the emergency medical 173.10 services personnel may seek a court order to compel the patient 173.11 to submit to testing. Court proceedings under this subdivision 173.12 shall be given precedence over other pending matters so that the 173.13 court may reach a prompt decision without delay. The court 173.14 shall order the patient to submit to testing upon proof that an 173.15 investigation by a licensed physician under section 144.762, 173.16 subdivision 2a, showed that the emergency medical services 173.17 personnel experienced a significant exposure. 173.18 Sec. 6. [241.266] [RESTRICTIONS ON PRIVATIZATION.] 173.19 (a) A state agency shall not enter into a contract with a 173.20 private vendor for the delivery of: 173.21 (1) security functions at a state correctional institution, 173.22 except for those functions that are being provided by a private 173.23 vendor as of the effective date of this section; 173.24 (2) correctional institution food services and commissary 173.25 services provided by nonmanagement employees that are being 173.26 provided by the state as of the effective date of this section, 173.27 unless the requirements of section 241.267 are satisfied; and 173.28 (3) food services and commissary services provided by 173.29 nonmanagement employees in any new correctional institution, 173.30 unless the requirements of section 241.267 are satisfied. 173.31 Nothing in paragraph (a), clauses (2) and (3), shall be 173.32 construed to prohibit a state agency from entering into a 173.33 contract with a private vendor for management-level services. 173.34 (b) For the purposes of sections 241.266 to 241.269, 173.35 "private vendor" means an entity not owned or operated by a 173.36 state or political subdivision that delivers or offers to 174.1 deliver services. 174.2 Sec. 7. [241.267] [CONTRACT REVIEW FOR INSTITUTIONAL 174.3 CONTRACTS.] 174.4 Subdivision 1. [REVIEW GUIDELINES.] (a) Except as provided 174.5 in paragraph (g), the commissioner of corrections shall not 174.6 recommend approval of a contract with a private vendor unless 174.7 the commissioner of corrections determines that the requirements 174.8 in paragraphs (b) to (f) are met. 174.9 (b) The private vendor must provide financial statements 174.10 for the previous three years or for each of the years the 174.11 private vendor has been in operation, if fewer than three years, 174.12 or provide other financial information to enable the 174.13 commissioner to determine the financial strength of the private 174.14 vendor. 174.15 (c) The private vendor must provide an adequate plan of 174.16 insurance, specifically including insurance for civil rights 174.17 claims, as determined by an independent risk management firm 174.18 with demonstrated experience in state government liability 174.19 issues. The firm shall be selected by the commissioner of 174.20 commerce. In determining the adequacy of the plan, the firm 174.21 shall determine whether the insurance is adequate: 174.22 (1) to protect the state from legal actions by a third 174.23 party against the private vendor or the state as a result of the 174.24 contract; 174.25 (2) to protect the state against claims arising as a result 174.26 of any occurrence during the term of the contract; 174.27 (3) to ensure the private vendor's ability to fulfill its 174.28 contract with the state in all respects, and to assure that the 174.29 private vendor is not limited in this ability because of 174.30 financial liability which results from judgments; and 174.31 (4) to satisfy such other requirements specified by the 174.32 independent risk management/actuarial firm. 174.33 (d) In cooperation with appropriate bargaining 174.34 representatives, the commissioner of corrections will compare 174.35 the cost of continuing to operate the institutional service as a 174.36 public function to the cost of contracting with a private vendor 175.1 for the service. The commissioner will provide information on 175.2 public and vendor costs to the union. The comparison must show 175.3 that the bid of the private vendor will be at least 15 percent 175.4 below the best available cost the state can expect to achieve if 175.5 it provides the service. The comparison must include in the 175.6 cost of contracting with a private vendor the amount of the bid 175.7 plus contract administration, monitoring, and transition costs. 175.8 (e) The commissioner of corrections must determine that 175.9 inmate labor is being utilized to the greatest extent feasible, 175.10 with consideration given to the commissioner of corrections 175.11 authority to employ all administrative, supervisory, and other 175.12 skilled workers necessary to the proper instruction of the 175.13 inmates and the profitable and efficient operation of the 175.14 industrial and commercial activities authorized by section 175.15 241.27. 175.16 (f) The commissioner of corrections must determine that the 175.17 private vendor provides its employees with a total compensation 175.18 and benefit package of similar value to that provided by public 175.19 employers to similarly situated employees. 175.20 (g) Paragraphs (b) to (f) do not apply to minority or small 175.21 business contractors under chapter 16B, nor to contracts for 175.22 delivery of goods or services with a value of less than $100,000. 175.23 Subd. 2. [BIDS.] If competitive bids must be sought under 175.24 section 16B.07 for the contract, affected public employees must 175.25 be given 30 days' advance notice that a contract will be 175.26 advertised for bid and public employees must be allowed to 175.27 participate in the bid process, notwithstanding section 16B.17. 175.28 "Public employee" has the meaning given in section 179A.03, 175.29 subdivision 14. 175.30 Subd. 3. [REPORT.] On or before January 1 of each year, 175.31 the commissioner of corrections shall submit a written report to 175.32 the committees of the senate and the house of representatives 175.33 with jurisdiction over corrections policy that identifies and 175.34 explains all affirmative contracts that were awarded in the 175.35 preceding 12 months and all contract proposals that were 175.36 considered and rejected. The commissioner also will report on 176.1 the status of the labor-management process in subdivision 1, 176.2 paragraph (d). 176.3 Subd. 4. [IMMUNITY.] Any immunity available to the state 176.4 does not apply to the private vendor. Neither the private 176.5 vendor nor the insurer of the private vendor may plead the 176.6 defense of an immunity that is available to the state in any 176.7 action arising out of the performance of the contract. 176.8 Subd. 5. [LIABILITY LIMITS.] Any limits on liability or 176.9 limits on damages that may be asserted by the state do not apply 176.10 to the private vendor, except a nonprofit entity, or the insurer 176.11 of the private vendor. 176.12 Subd. 6. [CLASSIFICATION OF DATA.] When a state agency 176.13 enters into a contract with a private vendor for the delivery of 176.14 services at or for a correctional facility, that contract does 176.15 not affect the availability to the public of data that is 176.16 classified as public data while maintained by the commissioner 176.17 of corrections, and the data shall be available from the private 176.18 vendor as public data. "Public data" has the meaning given in 176.19 section 13.02, subdivision 15. 176.20 Sec. 8. [241.268] [INMATE EMPLOYMENT.] 176.21 The commissioner of corrections shall not allow any 176.22 individual committed to the commissioner's custody to 176.23 participate in an industrial or commercial activity under 176.24 section 241.27 or to work for a private employer, unless: 176.25 (1) security at the place of employment is provided by the 176.26 state; 176.27 (2) the private employer provides its noninmate employees 176.28 with a total compensation and benefit package that is of similar 176.29 value to that provided by public employers to similarly situated 176.30 employees; 176.31 (3) the commissioner certifies in writing to the 176.32 appropriate bargaining unit that the inmate's work will not 176.33 result in the displacement of currently employed workers or 176.34 workers on seasonal layoff, including partial displacement such 176.35 as reduction in hours of nonovertime work, wages, or other 176.36 employment benefits; and 177.1 (4) the commissioner determines that, to the maximum extent 177.2 possible, fixtures, equipment, and materials that are necessary 177.3 to allow an inmate to participate in an industrial or commercial 177.4 activity under section 241.27 or to work for a private employer 177.5 are furnished by an entity not owned or operated by a state or 177.6 political subdivision. 177.7 This subdivision does not apply to those inmates seeking or 177.8 engaged in private employment under section 241.26. 177.9 Sec. 9. [241.269] [RESTRICTIONS ON MANAGERIAL EMPLOYEES.] 177.10 (a) Managerial employees of the department of corrections 177.11 shall not: 177.12 (1) disclose or use confidential information for the 177.13 purpose of personal gain that the person obtained as an 177.14 employee, either during or following employment with the 177.15 department of corrections; or 177.16 (2) work for a private vendor, as defined in section 177.17 241.266, for one year following termination of the employee's 177.18 employment with the state. 177.19 (b) For the purposes of this subdivision, "managerial 177.20 employees" are employees described in section 43A.18, 177.21 subdivision 3. 177.22 Sec. 10. [241.272] [SENTENCE TO SERVE.] 177.23 Whenever offenders are assigned for the purpose of work 177.24 under agreement with a state department or agency, local unit of 177.25 government, or other governmental subdivision, the state 177.26 department or agency, local unit of government, or other 177.27 government subdivision must certify in writing to the 177.28 appropriate bargaining agent that the work performed by the 177.29 inmates will not result in the displacement of currently 177.30 employed workers or workers on seasonal layoff or layoff from a 177.31 substantially equivalent position, including partial 177.32 displacement such as reduction in hours of nonovertime work, 177.33 wages, or other employment benefits. 177.34 Sec. 11. Minnesota Statutes 1996, section 241.42, 177.35 subdivision 2, is amended to read: 177.36 Subd. 2. "Administrative agency" or "agency" means any 178.1 division, official, or employee of the Minnesota department of 178.2 corrections, the commissioner of corrections, the board of 178.3 pardons, and regional correction or detention facilities or178.4 agencies for correction or detention programs including those178.5 programs or facilities operating under chapter 401,any regional 178.6 or local correctional facility licensed or inspected by the 178.7 commissioner of corrections, whether public or private, 178.8 established and operated for the detention and confinement of 178.9 adults or juveniles, including, but not limited to, programs or 178.10 facilities operating under chapter 401, adult halfway homes, 178.11 group foster homes, secure juvenile detention facilities, 178.12 juvenile residential facilities, municipal holding facilities, 178.13 juvenile temporary holdover facilities, regional or local jails, 178.14 lockups, work houses, work farms, and detention and treatment 178.15 facilities, but does not include: 178.16 (a) any court or judge; 178.17 (b) any member of the senate or house of representatives of 178.18 the state of Minnesota; 178.19 (c) the governor or the governor's personal staff; 178.20 (d) any instrumentality of the federal government of the 178.21 United States; or 178.22 (e) any political subdivision of the state of Minnesota;178.23 (f)any interstate compact. 178.24 Sec. 12. Minnesota Statutes 1996, section 241.44, 178.25 subdivision 1, is amended to read: 178.26 Subdivision 1. [POWERS.] The ombudsman may: 178.27 (a) prescribe the methods by which complaints are to be 178.28 made, reviewed, and acted upon; provided, however, that the 178.29 ombudsman may not levy a complaint fee; 178.30 (b) determine the scope and manner of investigations to be 178.31 made; 178.32 (c) Except as otherwise provided, determine the form, 178.33 frequency, and distribution of conclusions, recommendations, and 178.34 proposals; provided, however, that the governor or a 178.35 representative may, at any time the governor deems it necessary, 178.36 request and receive information from the ombudsman. Neither the 179.1 ombudsman nor any member of the ombudsman's staff membershall 179.2 be compelled to testify or to produce evidence in any court179.3 judicial or administrative proceeding with respect to any matter 179.4 involving the exercise of the ombudsman's official duties except 179.5 as may be necessary to enforce the provisions of sections 241.41 179.6 to 241.45; 179.7 (d) investigate, upon a complaint or upon personal 179.8 initiative, any action of an administrative agency; 179.9 (e) request and shall be given access to information in the 179.10 possession of an administrative agency deemed necessary for the 179.11 discharge of responsibilities; 179.12 (f) examine the records and documents of an administrative 179.13 agency; 179.14 (g) enter and inspect, at any time, premises within the 179.15 control of an administrative agency; 179.16 (h) subpoena any person to appear, give testimony, or 179.17 produce documentary or other evidence which the ombudsman deems 179.18 relevant to a matter under inquiry, and may petition the 179.19 appropriate state court to seek enforcement with the subpoena; 179.20 provided, however, that any witness at a hearing or before an 179.21 investigation as herein provided, shall possess the same 179.22 privileges reserved to such a witness in the courts or under the 179.23 laws of this state; 179.24 (i) bring an action in an appropriate state court to 179.25 provide the operation of the powers provided in this 179.26 subdivision. The ombudsman may use the services of legal 179.27 assistance to Minnesota prisoners for legal counsel. The 179.28 provisions of sections 241.41 to 241.45 are in addition to other 179.29 provisions of law under which any remedy or right of appeal or 179.30 objection is provided for any person, or any procedure provided 179.31 for inquiry or investigation concerning any matter. Nothing in 179.32 sections 241.41 to 241.45 shall be construed to limit or affect 179.33 any other remedy or right of appeal or objection nor shall it be 179.34 deemed part of an exclusionary process; and 179.35 (j) be present at commissioner of corrections parole and 179.36 parole revocation hearings and deliberations. 180.1 Sec. 13. Minnesota Statutes 1996, section 241.44, is 180.2 amended by adding a subdivision to read: 180.3 Subd. 3a. [INVESTIGATION OF ADULT LOCAL JAILS AND 180.4 DETENTION FACILITIES.] Either the ombudsman or the department of 180.5 corrections' jail inspection unit may investigate complaints 180.6 involving local adult jails and detention facilities. The 180.7 ombudsman and department of corrections must enter into an 180.8 arrangement with one another that ensures that they are not 180.9 duplicating each other's services. 180.10 Sec. 14. Minnesota Statutes 1996, section 242.19, 180.11 subdivision 3, is amended to read: 180.12 Subd. 3. [RETAKING ABSCONDING AND OTHER PERSON.] The 180.13 written order of the commissioner of corrections is authority to 180.14 any peace officer or parole or probation officer to take and 180.15 detain any child committed to the commissioner of corrections by 180.16 a juvenile court who absconds from field supervision or escapes 180.17 from confinement, or is awaiting further order of the 180.18 commissioner. However, if the child has attained the age of 18180.19 years, the commissioner shall issue a warrant directed to any180.20 peace officer or parole or probation officer requiring that the180.21 fugitive be taken into immediate custody to await the further180.22 order of the commissioner.Any person of the age of 18 years or 180.23 older who is taken into custody under the provisions of this 180.24 subdivision may be detained as provided in section 260.173, 180.25 subdivision 4. 180.26 Sec. 15. [243.055] [COMPUTER RESTRICTIONS.] 180.27 Subdivision 1. [RESTRICTIONS TO USE OF ON-LINE 180.28 SERVICES.] If the commissioner believes a significant risk 180.29 exists that a parolee, state-supervised probationer, or 180.30 individual on supervised release may use an Internet service or 180.31 on-line service to engage in criminal activity or to associate 180.32 with individuals who are likely to encourage the individual to 180.33 engage in criminal activity, the commissioner may impose one or 180.34 more of the following conditions: 180.35 (1) prohibit the individual from possessing or using a 180.36 computer with access to an Internet service or on-line service 181.1 without the prior written approval of the commissioner; 181.2 (2) prohibit the individual from possessing or using any 181.3 data encryption technique or program; 181.4 (3) require the individual to consent to periodic 181.5 unannounced examinations of the individual's computer equipment 181.6 by a parole or probation agent, including the retrieval and 181.7 copying of all data from the computer and any internal or 181.8 external peripherals and removal of such equipment to conduct a 181.9 more thorough inspection; 181.10 (4) require consent of the individual to have installed on 181.11 the individual's computer, at the individual's expense, one or 181.12 more hardware or software systems to monitor computer use; and 181.13 (5) any other restrictions the commissioner deems necessary. 181.14 Subd. 2. [RESTRICTIONS ON COMPUTER USE.] If the 181.15 commissioner believes a significant risk exists that a parolee, 181.16 state-supervised probationer, or individual on supervised 181.17 release may use a computer to engage in criminal activity or to 181.18 associate with individuals who are likely to encourage the 181.19 individual to engage in criminal activity, the commissioner may 181.20 impose one or more of the following restrictions: 181.21 (1) prohibit the individual from accessing through a 181.22 computer any material, information, or data that relates to the 181.23 activity involved in the offense for which the individual is on 181.24 probation, parole, or supervised release; 181.25 (2) require the individual to maintain a daily log of all 181.26 addresses the individual accesses through computer other than 181.27 for authorized employment and to make this log available to the 181.28 individual's parole or probation agent; 181.29 (3) provide all personal and business telephone records to 181.30 the individual's parole or probation agent upon request, 181.31 including written authorization allowing the agent to request a 181.32 record of all of the individual's outgoing and incoming 181.33 telephone calls from any telephone service provider; 181.34 (4) prohibit the individual from possessing or using a 181.35 computer that contains an internal modem and from possessing or 181.36 using an external modem without the prior written consent of the 182.1 commissioner; 182.2 (5) prohibit the individual from possessing or using any 182.3 computer, except that the individual may, with the prior 182.4 approval of the individual's parole or probation agent, use a 182.5 computer in connection with authorized employment; 182.6 (6) require the individual to consent to disclosure of the 182.7 computer-related restrictions that the commissioner has imposed 182.8 to any employer or potential employer; and 182.9 (7) any other restrictions the commissioner deems necessary. 182.10 Subd. 3. [LIMITS ON RESTRICTION.] In imposing 182.11 restrictions, the commissioner shall take into account that 182.12 computers are used for numerous, legitimate purposes and that, 182.13 in imposing restrictions, the least restrictive condition 182.14 appropriate to the individual shall be used. 182.15 Sec. 16. [243.161] [RESIDING IN MINNESOTA WITHOUT 182.16 PERMISSION UNDER INTERSTATE COMPACT; PENALTY.] 182.17 Any person who is on parole or probation in another state 182.18 who resides in this state in violation of section 243.16, may be 182.19 sentenced to imprisonment for not more than five years or to 182.20 payment of a fine of not more than $10,000, or both. 182.21 Sec. 17. [243.556] [RESTRICTIONS ON INMATES' COMPUTER 182.22 ACCESS.] 182.23 Subdivision 1. [RESTRICTIONS TO USE OF ON-LINE 182.24 SERVICES.] No adult inmate in a state correctional facility may 182.25 use or have access to any Internet service or on-line service, 182.26 except for work, educational, and vocational purposes approved 182.27 by the commissioner or the commissioner's designee. 182.28 Subd. 2. [RESTRICTIONS ON COMPUTER USE.] The commissioner 182.29 shall restrict inmates' computer use to legitimate educational 182.30 and vocational purposes. 182.31 Subd. 3. [MONITORING OF COMPUTER USE.] The commissioner 182.32 shall monitor all computer use by inmates and perform regular 182.33 inspections of computer equipment. 182.34 Sec. 18. [244.20] [PROBATION SUPERVISION OF FELONS.] 182.35 Notwithstanding sections 260.311, subdivision 1, and 182.36 609.135, subdivision 1, the department of corrections shall have 183.1 exclusive responsibility for providing probation services for 183.2 adult felons in counties that do not take part in the Community 183.3 Corrections Act. In counties that do not take part in the 183.4 Community Corrections Act, the responsibility for providing 183.5 probation services for individuals convicted of gross 183.6 misdemeanor offenses shall be discharged according to local 183.7 judicial policy. 183.8 Sec. 19. [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; 183.9 REPORTS REQUIRED.] 183.10 Subdivision 1. [COLLECTION OF INFORMATION BY PROBATION 183.11 SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, 183.12 probation service providers shall begin collecting and 183.13 maintaining information on offenders under supervision. The 183.14 commissioner of corrections shall specify the nature and extent 183.15 of the information to be collected. By April 1 of every year, 183.16 each probation service provider shall report a summary of the 183.17 information collected to the commissioner. 183.18 Subd. 2. [COMMISSIONER OF CORRECTIONS REPORT.] By January 183.19 15, 1998, the commissioner of corrections shall report to the 183.20 chairs of the senate crime prevention and house of 183.21 representatives judiciary committees on recommended methods of 183.22 coordinating the exchange of information collected on offenders 183.23 under subdivision 1: (1) between probation service providers; 183.24 and (2) between probation service providers and the department 183.25 of corrections, without requiring service providers to acquire 183.26 uniform computer software. 183.27 Sec. 20. [244.22] [REVIEW OF PLANNED EXPENDITURES OF 183.28 PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE 183.29 PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.] 183.30 (a) The commissioner of corrections shall review the 183.31 planned expenditures of probation service providers before 183.32 allocating probation caseload reduction grants appropriated by 183.33 the legislature. The review must determine whether the planned 183.34 expenditures comply with applicable law. 183.35 (b) In counties where probation services are provided by 183.36 both county and department of corrections employees, a 184.1 collaborative plan addressing the local needs shall be 184.2 developed. The commissioner of corrections shall specify the 184.3 manner in which probation caseload reduction grant money shall 184.4 be distributed between the providers according to the approved 184.5 plan. 184.6 Sec. 21. [244.24] [CLASSIFICATION SYSTEM FOR ADULT 184.7 OFFENDERS.] 184.8 By February 1, 1998, all probation agencies shall adopt 184.9 written policies for classifying adult offenders. The 184.10 commissioner of corrections shall assist probation agencies in 184.11 locating organizations that may provide training and technical 184.12 assistance to the agencies concerning methods to develop and 184.13 implement effective, valid classification systems. 184.14 Sec. 22. Minnesota Statutes 1996, section 260.1735, is 184.15 amended to read: 184.16 260.1735 [EXTENSION OF DETENTION PERIOD.] 184.17 Subdivision 1. [DETENTION.] Before July 1, 19971999, and 184.18 pursuant to a request from an eight-day temporary holdover 184.19 facility, as defined in section 241.0221, the commissioner of 184.20 corrections, or the commissioner's designee, may grant a 184.21 one-time extension per child to the eight-day limit on detention 184.22 under this chapter. This extension may allow such a facility to 184.23 detain a child for up to 30 days including weekends and 184.24 holidays. Upon the expiration of the extension, the child may 184.25 not be transferred to another eight-day temporary holdover 184.26 facility. The commissioner shall develop criteria for granting 184.27 extensions under this section. These criteria must ensure that 184.28 the child be transferred to a long-term juvenile detention 184.29 facility as soon as such a transfer is possible. Nothing in 184.30 this section changes the requirements in section 260.172 184.31 regarding the necessity of detention hearings to determine 184.32 whether continued detention of the child is proper. 184.33 Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed 184.34 48 hours may be made if the facility in which the child is 184.35 detained is located where conditions of distance to be traveled 184.36 or other ground transportation do not allow for court 185.1 appearances within 24 hours. 185.2 (b) A delay may be made if the facility is located where 185.3 conditions of safety exist. Time for an appearance may be 185.4 delayed until 24 hours after the time that conditions allow for 185.5 reasonably safe travel. "Conditions of safety" include adverse 185.6 life-threatening weather conditions that do not allow for 185.7 reasonably safe travel. 185.8 The continued detention of a child under paragraph (a) or 185.9 (b) must be reported to the commissioner of corrections. 185.10 Sec. 23. Minnesota Statutes 1996, section 260.311, 185.11 subdivision 1, is amended to read: 185.12 Subdivision 1. [APPOINTMENT; JOINT SERVICES; STATE 185.13 SERVICES.] (a) If a county or group of counties has established 185.14 a human services board pursuant to chapter 402, the district 185.15 court may appoint one or more county probation officers as 185.16 necessary to perform court services, and the human services 185.17 board shall appoint persons as necessary to provide correctional 185.18 services within the authority granted in chapter 402. In all 185.19 counties of more than 200,000 population, which have not 185.20 organized pursuant to chapter 402, the district court shall 185.21 appoint one or more persons of good character to serve as county 185.22 probation officers during the pleasure of the court. All other 185.23 counties shall provide adult misdemeanant and juvenile probation 185.24 services to district courts in one of the following ways: 185.25 (1) the court, with the approval of the county boards, may 185.26 appoint one or more salaried county probation officers to serve 185.27 during the pleasure of the court; 185.28 (2) when two or more counties offer probation services the 185.29 district court through the county boards may appoint common 185.30 salaried county probation officers to serve in the several 185.31 counties; 185.32 (3) a county or a district court may request the 185.33 commissioner of corrections to furnish probation services in 185.34 accordance with the provisions of this section, and the 185.35 commissioner of corrections shall furnish such services to any 185.36 county or court that fails to provide its own probation officer 186.1 by one of the two procedures listed above; 186.2 (4) if a county or district court providing probation 186.3 services under clause (1) or (2) asks the commissioner of 186.4 corrections or the legislative body for the state of Minnesota 186.5 mandates the commissioner of corrections to furnish probation 186.6 services to the district court, the probation officers and other 186.7 employees displaced by the changeover shall be employed by the 186.8 commissioner of corrections. Years of service in the county 186.9 probation department are to be given full credit for future sick 186.10 leave and vacation accrual purposes; 186.11 (5) all probation officers serving the juvenile courts on 186.12 July 1, 1972, shall continue to serve in the county or counties 186.13 they are now serving. 186.14 (b) The commissioner of employee relations shall place 186.15 employees transferred to state service under paragraph (a), 186.16 clause (4), in the proper classifications in the classified 186.17 service. Each employee is appointed without examination at no 186.18 loss in salary or accrued vacation or sick leave benefits, but 186.19 no additional accrual of vacation or sick leave benefits may 186.20 occur until the employee's total accrued vacation or sick leave 186.21 benefits fall below the maximum permitted by the state for the 186.22 employee's position. An employee appointed under paragraph (a), 186.23 clause (4), shall serve a probationary period of six months. 186.24 After exhausting labor contract remedies, a noncertified 186.25 employee may appeal for a hearing within ten days to the 186.26 commissioner of employee relations, who may uphold the decision, 186.27 extend the probation period, or certify the employee. The 186.28 decision of the commissioner of employee relations is final. 186.29 The state shall negotiate with the exclusive representative for 186.30 the bargaining unit to which the employees are transferred 186.31 regarding their seniority. For purposes of computing seniority 186.32 among those employees transferring from one county unit only, a 186.33 transferred employee retains the same seniority position as the 186.34 employee had within that county's probation office. 186.35 Sec. 24. Minnesota Statutes 1996, section 609.02, is 186.36 amended by adding a subdivision to read: 187.1 Subd. 15. [PROBATION.] "Probation" means a court-ordered 187.2 sanction imposed upon an offender for a period of supervision no 187.3 greater than that set by statute. It is imposed as an 187.4 alternative to confinement or in conjunction with confinement or 187.5 intermediate sanctions. The purpose of probation is to deter 187.6 further criminal behavior, punish the offender, help provide 187.7 reparation to crime victims and their communities, and provide 187.8 offenders with opportunities for rehabilitation. 187.9 Sec. 25. Minnesota Statutes 1996, section 609.15, 187.10 subdivision 1, is amended to read: 187.11 Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; 187.12 SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 187.13 (b), when separate sentences of imprisonment are imposed on a 187.14 defendant for two or more crimes, whether charged in a single 187.15 indictment or information or separately, or when a person who is 187.16 under sentence of imprisonment in this state is being sentenced 187.17 to imprisonment for another crime committed prior to or while 187.18 subject to such former sentence, the court in the later 187.19 sentences shall specify whether the sentences shall run 187.20 concurrently or consecutively. If the court does not so 187.21 specify, the sentences shall run concurrently. 187.22 (b) An inmate of a state prison who is convicted of 187.23 committing an assault within the correctional facility is 187.24 subject to the consecutive sentencing provisions of section 187.25 609.2232. 187.26 Sec. 26. Minnesota Statutes 1996, section 609.2231, is 187.27 amended by adding a subdivision to read: 187.28 Subd. 8. [DEFINITION.] As used in this section, 187.29 "demonstrable bodily harm" includes: 187.30 (1) bodily harm capable of being observed by a person other 187.31 than the victim; and 187.32 (2) a transfer of an infectious agent for a communicable 187.33 disease in violation of section 609.2241. 187.34 Sec. 27. [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 187.35 COMMITTED BY STATE PRISON INMATES.] 187.36 If an inmate of a state correctional facility is convicted 188.1 of violating section 609.221, 609.222, 609.223, 609.2231, or 188.2 609.224, while confined in the facility, the sentence imposed 188.3 for the assault shall be executed and run consecutively to any 188.4 unexpired portion of the offender's earlier sentence. The 188.5 inmate is not entitled to credit against the sentence imposed 188.6 for the assault for time served in confinement for the earlier 188.7 sentence. The inmate shall serve the sentence for the assault 188.8 in a state correctional facility even if the assault conviction 188.9 was for a misdemeanor or gross misdemeanor. 188.10 Sec. 28. [PROBATION OUTCOME MEASUREMENT WORK GROUP.] 188.11 Subdivision 1. [WORK GROUP ESTABLISHED; PURPOSE.] The 188.12 commissioner of corrections shall establish a work group to 188.13 develop uniform statewide probation outcome measures. The 188.14 outcome measures must focus primarily on adult offenders but, to 188.15 the extent possible, may also address juvenile offenders. The 188.16 work group shall develop definitions that may be used by all 188.17 state and local probation service providers to report outcome 188.18 information for probation services. The work group shall 188.19 recommend a method by which probation service providers may 188.20 measure and report recidivism of adult felons in a uniform 188.21 manner. 188.22 Subd. 2. [MEMBERSHIP.] The commissioner of corrections 188.23 shall appoint individuals who have demonstrated experience in 188.24 the probation field to serve as members of the work group. The 188.25 commissioner shall ensure that community corrections act 188.26 counties and noncommunity corrections act counties are equally 188.27 represented on the work group. The commissioner, or the 188.28 commissioner's designee, shall serve on the work group and act 188.29 as its chair. 188.30 Subd. 3. [REVIEW OF OUTCOME MEASURES.] By November 1, 188.31 1997, the work group shall submit its recommendations on outcome 188.32 measures to the criminal and juvenile justice information policy 188.33 group for review. 188.34 Subd. 4. [REPORT REQUIRED.] The work group shall report 188.35 its findings and recommendations to the chairs of the senate and 188.36 house of representatives committees having jurisdiction over 189.1 criminal justice policies by January 15, 1998. The report must 189.2 indicate what comments or modifications, if any, were made or 189.3 suggested by the criminal and juvenile justice information 189.4 policy group and whether the work group altered its 189.5 recommendations because of this. 189.6 Sec. 29. [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE 189.7 REPORT.] 189.8 The department of corrections must include in its agency 189.9 performance report for the year 2000 a summary of statewide 189.10 information on the reoffense rates of adult felons on probation. 189.11 Sec. 30. [RUSH CITY CLOSE CUSTODY FACILITY.] 189.12 The commissioner of corrections must meet and confer with 189.13 the exclusive bargaining representatives of employees for the 189.14 purpose of continuing to reduce the projected per diem rates for 189.15 the proposed Rush City close custody facility. The commissioner 189.16 and exclusive representatives must consider, at a minimum, the 189.17 following: management and supervisory levels, staffing 189.18 schedules and other staff issues, inmate programming, and other 189.19 matters that impact costs. By February 15, 1998, the 189.20 commissioner and exclusive bargaining representatives must 189.21 provide a report to the chairs of the house judiciary committee 189.22 and senate crime prevention committee. 189.23 Sec. 31. [INSTRUCTION TO REVISOR.] 189.24 The revisor of statutes shall renumber Minnesota Statutes, 189.25 section 260.311, as 244.19. The revisor shall also make 189.26 necessary cross-reference changes consistent with the 189.27 renumbering. 189.28 Sec. 32. [EFFECTIVE DATE.] 189.29 Sections 16 and 25 to 27 are effective August 1, 1997, and 189.30 apply to crimes committed on or after that date. Section 19 is 189.31 effective January 1, 1998. Sections 8 to 10, 18, 20, 21, 23, 189.32 24, 28, and 30 are effective the day following final enactment. 189.33 Sections 6 and 7 are effective October 1, 1997. 189.34 ARTICLE 10 189.35 MISCELLANEOUS PROVISIONS 189.36 Section 1. Minnesota Statutes 1996, section 363.073, 190.1 subdivision 1, is amended to read: 190.2 Subdivision 1. [SCOPE OF APPLICATION.] No department or 190.3 agency of the state shall accept any bid or proposal for a 190.4 contract or agreement orunless the firm or business has an 190.5 affirmative action plan submitted to the commissioner of human 190.6 rights for approval. No department or agency of the state shall 190.7 execute any contract or agreement for goods or services in 190.8 excess of $50,000 with any business having more than 20 190.9 full-time employees on a single working day during the previous 190.10 12 months, unless the firm or business has an affirmative action 190.11 plan for the employment of minority persons, women, and the 190.12 disabled that has been approved by the commissioner of human 190.13 rights. Receipt of a certificate of compliance issued by the 190.14 commissioner shall signify that a firm or business has an 190.15 affirmative action plan that has been approved by the 190.16 commissioner. A certificate shall be valid for a period of two 190.17 years. A municipality as defined in section 466.01, subdivision 190.18 1, that receives state money for any reason is encouraged to 190.19 prepare and implement an affirmative action plan for the 190.20 employment of minority persons, women, and the disabled and 190.21 submit the plan to the commissioner of human rights. 190.22 Sec. 2. Minnesota Statutes 1996, section 504.181, 190.23 subdivision 1, is amended to read: 190.24 504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS190.25 UNLAWFUL ACTIVITIES.] 190.26 Subdivision 1. [ COVENANT NOT TO ALLOW DRUGSTERMS OF 190.27 COVENANT.] In every lease or license of residential premises, 190.28 whether in writing or parol, the lessor or licensor and the 190.29 lessee or licensee covenantscovenant that: 190.30 (1) the lessee or licenseeneither will not: 190.31 (i) unlawfully allow controlled substances in those 190.32 premises or in the common area and curtilage of the premises; 190.33 (ii) allow prostitution or prostitution-related activity as 190.34 defined in section 617.80, subdivision 4, to occur on the 190.35 premises or in the common area and curtilage of the premises; or 190.36 (iii) allow the unlawful use or possession of a firearm in 191.1 violation of section 609.66, subdivision 1a, 609.67, or 624.713, 191.2 on the premises or in the common area and curtilage of the 191.3 premises; and 191.4 (2) the common area and curtilage of the premises will not 191.5 be used by either the lessor or licensor or the lessee or 191.6 licensee or others acting under the lessee's or licensee's191.7 control of either to manufacture, sell, give away, barter, 191.8 deliver, exchange, distribute, purchase, or possess a controlled 191.9 substance in violation of any criminal provision of chapter 152. 191.10 The covenant is not violated when a person other than the 191.11 lessor or licensor or the lessee or licensee possesses or allows 191.12 controlled substances in the premises, common area, or 191.13 curtilage, unless the lessor or licensor or the lessee or 191.14 licensee knew or had reason to know of that activity. 191.15 Sec. 3. Minnesota Statutes 1996, section 566.05, is 191.16 amended to read: 191.17 566.05 [COMPLAINT AND SUMMONS.] 191.18 (a) The person complaining shall file a complaint with the 191.19 court, stating the full name and date of birth of the person 191.20 against whom the complaint is made, unless it is not known, 191.21 describing the premises of which possession is claimed, stating 191.22 the facts which authorize the recovery, and praying for 191.23 restitution thereof. The lack of the full name and date of 191.24 birth of the person against whom the complaint is made does not 191.25 deprive the court of jurisdiction or make the complaint invalid. 191.26 The court shall issue a summons, commanding the person against 191.27 whom the complaint is made to appear before the court on a day 191.28 and at a place stated in the summons. The appearance shall be 191.29 not less than seven nor more than 14 days from the day of 191.30 issuing the summons . In scheduling appearances under this191.31 section, the court shall give priority to any unlawful detainer191.32 brought under section 504.181, or on the basis that the tenant191.33 is causing a nuisance or seriously endangers the safety of other191.34 residents, their property, or the landlord's property, except as 191.35 provided by paragraph (b). A copy of the complaint shall be 191.36 attached to the summons, which shall state that the copy is 192.1 attached and that the original has been filed. 192.2 (b) In an unlawful detainer action brought under section 192.3 504.181 or on the basis that the tenant is causing a nuisance or 192.4 other illegal behavior that seriously endangers the safety of 192.5 other residents, their property, or the landlord's property, the 192.6 person filing the complaint shall file an affidavit stating 192.7 specific facts and instances in support of why an expedited 192.8 hearing is required. The complaint and affidavit shall be 192.9 reviewed by a referee or judge and scheduled for an expedited 192.10 hearing only if sufficient supporting facts are stated and they 192.11 meet the requirements of this paragraph. The appearance in an 192.12 expedited hearing shall be not less than five days nor more than 192.13 seven days from the date the summons is issued. The summons, in 192.14 an expedited hearing, shall be served upon the tenant within 24 192.15 hours of issuance unless the court orders otherwise for good 192.16 cause shown. If the court determines that the person seeking an 192.17 expedited hearing did so without sufficient basis under the 192.18 requirements of this paragraph, the court shall impose a civil 192.19 penalty of up to $500 for abuse of the expedited hearing process. 192.20 Sec. 4. Minnesota Statutes 1996, section 566.18, 192.21 subdivision 6, is amended to read: 192.22 Subd. 6. [VIOLATION.] "Violation" means: 192.23 (a) a violation of any state, county or city health, 192.24 safety, housing, building, fire prevention, or housing 192.25 maintenance code applicable to the building; 192.26 (b) a violation of any of the covenants set forth in 192.27 section 504.18, subdivision 1, clauses (a) or (b), or in section 192.28 504.181, subdivision 1; 192.29 (c) a violation of an oral or written agreement, lease or 192.30 contract for the rental of a dwelling in a building. 192.31 Sec. 5. Minnesota Statutes 1996, section 611.27, 192.32 subdivision 4, is amended to read: 192.33 Subd. 4. [COUNTY PORTION OF COSTS.] That portion of 192.34 subdivision 1 directing counties to pay the costs of public 192.35 defense service shall not be in effect between January 1, 1995, 192.36 and July 1, 19971999. This subdivision only relates to costs 193.1 associated with felony, gross misdemeanor, juvenile, and 193.2 misdemeanor public defense services. Notwithstanding the 193.3 provisions of this subdivision, in the first, fifth, seventh, 193.4 ninth, and tenth judicial districts, the cost of juvenile and 193.5 misdemeanor public defense services for cases opened prior to 193.6 January 1, 1995, shall remain the responsibility of the 193.7 respective counties in those districts, even though the cost of 193.8 these services may occur after January 1, 1995. 193.9 Sec. 6. Minnesota Statutes 1996, section 611.27, is 193.10 amended by adding a subdivision to read: 193.11 Subd. 15. [COSTS OF TRANSCRIPTS.] In appeal cases and 193.12 postconviction cases where the state public defender's office 193.13 does not have sufficient funds to pay for transcripts and other 193.14 necessary expenses because it has spent or committed all of the 193.15 transcript funds in its annual budget, the state public defender 193.16 may forward to the commissioner of finance all billings for 193.17 transcripts and other necessary expenses. The commissioner 193.18 shall pay for these transcripts and other necessary expenses 193.19 from county criminal justice aid retained by the commissioner of 193.20 revenue under section 477A.0121, subdivision 4. 193.21 Sec. 7. Minnesota Statutes 1996, section 617.82, is 193.22 amended to read: 193.23 617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 193.24 (a) If the recipient of a notice under section 617.81, 193.25 subdivision 4, either abates the conduct constituting a nuisance 193.26 or enters into an agreed abatement plan within 30 days of 193.27 service of the notice, and complies with the agreement within 193.28 the stipulated time period, the prosecuting attorney may not 193.29 file a nuisance action on the specified property regarding the 193.30 nuisance activity described in the notice. 193.31 (b) If the recipient fails to comply with the agreed 193.32 abatement plan, the prosecuting attorney may initiate a 193.33 complaint for relief in the district court consistent with 193.34 paragraph (c). 193.35 (c) Whenever a prosecuting attorney has cause to believe 193.36 that a nuisance described in section 617.81, subdivision 2, 194.1 exists within the jurisdiction the attorney serves, the 194.2 prosecuting attorney may by verified petition seek a temporary 194.3 injunction in district court in the county in which the alleged 194.4 public nuisance exists, provided that at least 30 days have 194.5 expired since service of the notice required under section 194.6 617.81, subdivision 4. No temporary injunction may be issued 194.7 without a prior show cause notice of hearing to the respondents 194.8 named in the petition and an opportunity for the respondents to 194.9 be heard. Upon proof of a nuisance described in section 617.81, 194.10 subdivision 2, the court shall issue a temporary injunction. 194.11 Any temporary injunction issued must describe the conduct to be 194.12 enjoined. 194.13 Sec. 8. Minnesota Statutes 1996, section 617.85, is 194.14 amended to read: 194.15 617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 194.16 Where notice is provided under section 617.81, subdivision 194.17 4, that an abatement of a nuisance is sought and the 194.18 circumstances that are the basis for the requested abatement 194.19 involved the acts of a commercial or residential tenant or 194.20 lessee of part or all of a building, the owner of the building 194.21 that is subject to the abatement proceeding may file before the 194.22 court that has jurisdiction over the abatement proceeding a 194.23 motion to cancel the lease or otherwise secure restitution of 194.24 the premises from the tenant or lessee who has maintained or 194.25 conducted the nuisance. The owner may assign to the prosecuting 194.26 attorney the right to file this motion. In addition to the 194.27 grounds provided in chapter 566, the maintaining or conducting 194.28 of a nuisance as defined in section 617.81, subdivision 2, by a 194.29 tenant or lessee, is an additional ground authorized by law for 194.30 seeking the cancellation of a lease or the restitution of the 194.31 premises. Service of motion brought under this section must be 194.32 served in a manner that is sufficient under Rule 3 of the Rules 194.33 of Civil Procedure and chapter 566. 194.34 It is no defense to a motion under this section by the 194.35 owner or the prosecuting attorney that the lease or other 194.36 agreement controlling the tenancy or leasehold does not provide 195.1 for eviction or cancellation of the lease upon the ground 195.2 provided in this section. 195.3 Upon a finding by the court that the tenant or lessee has 195.4 maintained or conducted a nuisance in any portion of the 195.5 building, the court shall order cancellation of the lease or 195.6 tenancy and grant restitution of the premises to the owner. The 195.7 court must not order abatement of the premises if the court: 195.8 (a) cancels a lease or tenancy and grants restitution of 195.9 that portion of the premises to the owner; and 195.10 (b) further finds that the acts constituting the nuisance 195.11 as defined in section 617.81, subdivision 2, were committed by 195.12 the tenant or lessee whose lease or tenancy has been canceled 195.13 pursuant to this section and the tenant or lessee was not 195.14 committing the acts in conjunction with or under the control of 195.15 the owner.