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SF 1880

2nd Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: ~~stricken~~ = removed, old language.
underscored = added, new language.
Rtf
Engrossments
Introduction		Posted on 04/08/1997
1st Engrossment		Posted on 04/11/1997
2nd Engrossment		Posted on 04/15/1997
3rd Engrossment		Posted on 05/20/1997
Unofficial Engrossments
1st Unofficial Engrossment		Posted on 01/22/2001
2nd Unofficial Engrossment		Posted on 01/22/2001
  1.1                          A bill for an act 
  1.2             relating to the operation of state government; crime 
  1.3             and crime prevention; appropriating money for the 
  1.4             judicial branch, public safety, public defense, 
  1.5             corrections, human rights, and related purposes; 
  1.6             increasing and prescribing criminal penalties for a 
  1.7             variety of offenses; increasing penalties for certain 
  1.8             controlled substance offenses; clarifying provisions 
  1.9             of the Community Notification Act; expanding and 
  1.10            clarifying the sex offender registration law; 
  1.11            clarifying and expanding crime victim rights; 
  1.12            providing additional protections to children; 
  1.13            providing for increased access by peace officers to 
  1.14            juvenile records; creating a statewide criminal gang 
  1.15            council and a criminal gang strike force to improve 
  1.16            the investigation and prosecution of gang-related 
  1.17            crime; increasing protections for correctional 
  1.18            employees who are assaulted by inmates; clarifying the 
  1.19            powers of the ombudsman for corrections; restricting 
  1.20            certain computer uses by inmates; clarifying laws 
  1.21            relating to probation; clarifying elements of the 
  1.22            harassment and stalking crime; amending Minnesota 
  1.23            Statutes 1996, sections 144.761, subdivisions 5 and 7; 
  1.24            144.762, subdivision 2, and by adding a subdivision; 
  1.25            144.765; 151.40; 152.01, subdivision 18, and by adding 
  1.26            a subdivision; 152.02, subdivisions 2 and 5; 152.021, 
  1.27            subdivisions 1, 2, and 3; 152.022, subdivisions 1, 2, 
  1.28            and 3; 152.023, subdivisions 2 and 3; 152.024, 
  1.29            subdivision 1; 152.029; 169.042, subdivision 1; 
  1.30            169.20, subdivision 5; 169.797, subdivision 3; 171.29, 
  1.31            subdivision 2; 241.42, subdivision 2; 241.44, 
  1.32            subdivision 1, and by adding a subdivision; 242.19, 
  1.33            subdivision 3; 243.166, subdivisions 1, 2, 3, and 4; 
  1.34            243.51, subdivisions 1 and 3; 244.052, subdivisions 3, 
  1.35            4, 5, and 6; 256E.03, subdivision 2; 256F.09, 
  1.36            subdivisions 2 and 3; 257.071, subdivisions 3, 4, and 
  1.37            by adding subdivisions; 257.072, subdivision 1; 
  1.38            259.41; 259.59, by adding a subdivision; 259.67, 
  1.39            subdivision 2; 260.012; 260.015, subdivisions 2a and 
  1.40            29; 260.131, subdivisions 1 and 2; 260.155, 
  1.41            subdivisions 1a, 2, 3, 4, and 8; 260.161, subdivisions 
  1.42            2, 3, and by adding a subdivision; 260.165, 
  1.43            subdivision 3; 260.1735; 260.191, subdivisions 3a, 3b, 
  1.44            and 4; 260.192; 260.221, subdivisions 1 and 5; 
  1.45            260.241, subdivisions 1 and 3; 260.311, subdivision 1; 
  1.46            299A.61, subdivision 1; 299A.63, subdivision 4; 
  2.1             299C.10, subdivision 4; 299C.65, by adding a 
  2.2             subdivision; 299D.07; 299F.051; 299F.06, subdivision 
  2.3             3; 363.073, subdivision 1; 388.23, subdivision 1; 
  2.4             480.30, subdivision 1; 504.181, subdivision 1; 518.10; 
  2.5             518.175, subdivision 5, and by adding a subdivision; 
  2.6             518.179, subdivision 2; 518B.01, subdivisions 4, 8, 
  2.7             14, and 17; 566.05; 566.18, subdivision 6; 609.02, by 
  2.8             adding a subdivision; 609.035, subdivision 1, and by 
  2.9             adding a subdivision; 609.10; 609.101, subdivision 5; 
  2.10            609.115, subdivision 1; 609.125; 609.135, subdivisions 
  2.11            1, 2, 7, and by adding subdivisions; 609.15, 
  2.12            subdivision 1; 609.221; 609.2231, by adding 
  2.13            subdivisions; 609.2244; 609.2245, subdivision 2; 
  2.14            609.3451, subdivision 3; 609.3461, subdivisions 1 and 
  2.15            2; 609.347, subdivision 7; 609.487, subdivision 3; 
  2.16            609.495, subdivision 1; 609.498, by adding 
  2.17            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; 631.07; and 641.12; 
  2.27            Laws 1995, chapter 226, article 3, section 60, 
  2.28            subdivision 4; and Laws 1996, chapter 408, article 1, 
  2.29            section 6, subdivision 6; proposing coding for new law 
  2.30            in Minnesota Statutes, chapters 241; 243; 244; 257; 
  2.31            259; 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  $ 481,265,000 $ 492,491,000 $ 975,149,000
  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  $ 488,772,000 $ 500,496,000 $ 990,661,000
  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              32,601,000    30,567,000
  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         103,000        175,000
  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 design, 
 11.17  construct, furnish, and equip a new 
 11.18  building for Thistledew Camp's new 
 11.19  wilderness endeavors program.  The 
 11.20  building must provide a ten bed 
 11.21  training and juvenile dorm area, plus 
 11.22  storage. 
 11.23  Subd. 2.  Correctional 
 11.24  Institutions  
 11.25     182,490,000    191,498,000
 11.26  The commissioner may expend federal 
 11.27  grant monies in an amount up to 
 11.28  $1,000,000 to supplement the renovation 
 11.29  of the buildings at the Brainerd 
 11.30  regional center for use as a 
 11.31  correctional facility. 
 11.32  Of this appropriation, $100,000 each 
 11.33  year is to expand the fugitive unit. 
 11.34  If the commissioner deems it necessary 
 11.35  to reduce staff positions during the 
 11.36  biennium ending June 30, 1999, the 
 11.37  commissioner must reduce at least the 
 11.38  same percentage of management and 
 11.39  supervisory personnel as line and 
 11.40  support personnel in order to ensure 
 11.41  employee safety, inmate safety, and 
 11.42  facility security. 
 11.43  During the biennium ending June 30, 
 11.44  1999, the commissioner must consider 
 11.45  ways to reduce the per diem in adult 
 11.46  correctional facilities.  As part of 
 11.47  this consideration, the commissioner 
 11.48  must consider reduction in management 
 11.49  and supervisory personnel levels in 
 11.50  addition to line staff levels within 
 11.51  adult correctional institutions, 
 11.52  provided this objective can be 
 11.53  accomplished without compromising 
 11.54  safety and security. 
 11.55  Subd. 3.  Juvenile Services
 11.56      16,624,000     16,762,000 
 11.57  Of this appropriation, $300,000 the 
 11.58  first year is to plan for and establish 
 11.59  a weekend camp program at Camp Ripley 
 12.1   designed for first- or second-time male 
 12.2   juvenile offenders ages 11 to 14.  The 
 12.3   commissioner shall develop eligibility 
 12.4   standards for the program.  The camp 
 12.5   shall be a highly structured program 
 12.6   and teach work skills, such as 
 12.7   responsibility, organization, time 
 12.8   management, and follow-through.  The 
 12.9   juvenile offenders will each develop a 
 12.10  community service plan that will be 
 12.11  implemented upon return to the 
 12.12  community.  The program shall receive 
 12.13  referrals from youth service agencies, 
 12.14  police, school officials, parents, and 
 12.15  the courts.  By January 15, 1998, the 
 12.16  commissioner shall report to the chairs 
 12.17  of the house and senate criminal 
 12.18  justice funding divisions a proposed 
 12.19  budget for this camp program for the 
 12.20  second year of the fiscal biennium and 
 12.21  shall include a description of the 
 12.22  proposed outcomes for the program. 
 12.23  This appropriation also may be used to 
 12.24  conduct planning and evaluation for the 
 12.25  PREPARE program at Red Wing and for 
 12.26  additional camp programs and aftercare 
 12.27  services for juvenile offenders. 
 12.28  Subd. 4.  Community Services 
 12.29      82,563,000     82,310,000 
 12.30  Of this appropriation, $300,000 each 
 12.31  year is for the school-based probation 
 12.32  pilot programs established in article 
 12.33  2.  This is a one-time appropriation. 
 12.34  Of this appropriation, $175,000 each 
 12.35  year is for the Ramsey county enhanced 
 12.36  probation pilot project established in 
 12.37  article 2.  The appropriation may not 
 12.38  be used to supplant law enforcement or 
 12.39  county probation officer positions, or 
 12.40  correctional services or programs.  
 12.41  This is a one-time appropriation. 
 12.42  Of this appropriation, $250,000 the 
 12.43  first year is for the gang intervention 
 12.44  pilot project established in article 
 12.45  2.  This is a one-time appropriation. 
 12.46  Of this appropriation, $175,000 each 
 12.47  year is for grants to local communities 
 12.48  to establish and implement restorative 
 12.49  justice programs in their communities.  
 12.50  As used in this paragraph, "restorative 
 12.51  justice program" means a program that 
 12.52  provides forums where certain 
 12.53  individuals accused of having committed 
 12.54  a crime meet with the victim; the 
 12.55  victim's family members or other 
 12.56  supportive persons, if appropriate; a 
 12.57  law enforcement official or prosecutor 
 12.58  when appropriate; and members of the 
 12.59  community, in order to:  (1) discuss 
 12.60  the impact of the offense on the victim 
 12.61  and the community; (2) assign an 
 12.62  appropriate sanction to the offender; 
 12.63  and (3) provide methods for 
 12.64  reintegrating the offender into the 
 13.1   community when the offender is from the 
 13.2   community.  This is a one-time 
 13.3   appropriation. 
 13.4   Local communities and organizations 
 13.5   that receive grants for or operate 
 13.6   restorative justice programs must make 
 13.7   available all data relating to the 
 13.8   operation of the program, including: 
 13.9   (1) names of adult offenders serving in 
 13.10  the program; (2) hours that each 
 13.11  offender is expected to serve; (3) 
 13.12  total number of hours served by each 
 13.13  offender; (4) locations where service 
 13.14  is performed or is to be performed; and 
 13.15  (5) names of individuals who supervise 
 13.16  offenders in the program.  These 
 13.17  communities and organizations also must 
 13.18  allow interested third parties 
 13.19  reasonable access to observe the 
 13.20  programs in operation.  These programs 
 13.21  also should have clearly established 
 13.22  neighborhood, community, and family 
 13.23  measures of success and must report to 
 13.24  the commissioner with an evaluation of 
 13.25  the program on or before June 30, 1999. 
 13.26  Of this appropriation, $95,000 the 
 13.27  first year is for the Dakota county 
 13.28  family group conferencing pilot project 
 13.29  established in Laws 1996, chapter 408, 
 13.30  article 2, section 9.  This is a 
 13.31  one-time appropriation. 
 13.32  Of this appropriation, $40,000 the 
 13.33  first year is for educational equipment 
 13.34  and training to be used for sex 
 13.35  offender notification meetings by law 
 13.36  enforcement agencies around the state.  
 13.37  This is a one-time appropriation.  
 13.38  All money received by the commissioner 
 13.39  of corrections pursuant to the domestic 
 13.40  abuse investigation fee under Minnesota 
 13.41  Statutes, section 609.2244, shall be 
 13.42  available for use by the commissioner 
 13.43  and is hereby appropriated annually to 
 13.44  the commissioner of corrections for 
 13.45  costs related to conducting the 
 13.46  investigations. 
 13.47  $1,500,000 each year is for an increase 
 13.48  in community corrections act subsidy 
 13.49  funding.  The funding shall be 
 13.50  distributed according to the community 
 13.51  corrections aid formula in Minnesota 
 13.52  Statutes, section 401.10. 
 13.53  In fiscal year 1998 and fiscal year 
 13.54  1999, the commissioner shall distribute 
 13.55  money appropriated for state and county 
 13.56  probation officer workload reduction, 
 13.57  increased supervised release and 
 13.58  probation services, and county 
 13.59  probation officer reimbursement 
 13.60  according to the formula contained in 
 13.61  Minnesota Statutes, section 401.10.  
 13.62  These appropriations may not be used to 
 13.63  supplant existing state or county 
 13.64  probation officer positions or existing 
 13.65  correctional services or programs.  
 14.1   This money is intended to reduce state 
 14.2   and county probation officer workloads 
 14.3   and to increase supervision of 
 14.4   individuals sentenced to probation at 
 14.5   the county level.  This increased 
 14.6   supervision may be accomplished through 
 14.7   a variety of methods, including but not 
 14.8   limited to:  (1) innovative technology 
 14.9   services, such as automated probation 
 14.10  reporting systems and electronic 
 14.11  monitoring; (2) prevention and 
 14.12  diversion programs; (3) 
 14.13  intergovernmental cooperation 
 14.14  agreements between local governments 
 14.15  and appropriate community resources; 
 14.16  and (4) traditional probation program 
 14.17  services. 
 14.18  Of this appropriation, $250,000 shall 
 14.19  be distributed to the 
 14.20  Dodge-Fillmore-Olmsted community 
 14.21  corrections agency and $251,000 shall 
 14.22  be distributed to the Arrowhead 
 14.23  regional corrections agency for use in 
 14.24  a pilot project to expand the agencies' 
 14.25  productive day initiative programs, as 
 14.26  defined in Minnesota Statutes, section 
 14.27  241.275, to include juvenile offenders 
 14.28  who are 16 years of age and older.  
 14.29  This is a one-time appropriation. 
 14.30  Of this appropriation, $700,000 each 
 14.31  year is for grants to the judicial 
 14.32  districts to implement drug court 
 14.33  programs.  Grants must be approved by 
 14.34  the supreme court before any funds are 
 14.35  distributed.  The commissioner may use 
 14.36  a portion of this appropriation as a 
 14.37  grant to Hennepin county for the pilot 
 14.38  juvenile gun education program 
 14.39  described in article 2.  This is a 
 14.40  one-time appropriation. 
 14.41  Of this appropriation, $25,000 the 
 14.42  first year is to complete the 
 14.43  criterion-related cross validation 
 14.44  study authorized in Laws 1995, chapter 
 14.45  226, article 1, section 11, designed to 
 14.46  measure outcomes of placing juveniles 
 14.47  in out-of-home placement programs.  The 
 14.48  study must be completed by January 1, 
 14.49  1998.  This is a one-time appropriation.
 14.50  Before the commissioner uses money that 
 14.51  would otherwise cancel to the general 
 14.52  fund for the court services tracking 
 14.53  system, the proposal for the system 
 14.54  must be reviewed by the criminal and 
 14.55  juvenile justice information policy 
 14.56  group. 
 14.57  Subd. 5.  Crime Victim and
 14.58  Prevention Services
 14.59      10,849,000     10,637,000 
 14.60  Of this appropriation, $75,000 each 
 14.61  year is to provide programs to serve 
 14.62  general crime victims, as described in 
 14.63  Minnesota Statutes, section 611A.361, 
 14.64  subdivision 1, in the counties that do 
 15.1   not have crime prevention service 
 15.2   programs and to provide programs to 
 15.3   under served communities that need 
 15.4   additional assistance.  This is a 
 15.5   one-time appropriation. 
 15.6   Of this appropriation, $100,000 is to 
 15.7   make grants, with the assistance of the 
 15.8   crime victim prevention division, to 
 15.9   organizations or local units of 
 15.10  government providing support services 
 15.11  to women leaving systems of 
 15.12  prostitution.  This is a one-time 
 15.13  appropriation. 
 15.14  Of this appropriation, $75,000 each 
 15.15  year is to fund community advocacy 
 15.16  programs for battered women under 
 15.17  Minnesota Statutes, section 611A.32.  
 15.18  The services to be funded include:  (1) 
 15.19  community-based domestic abuse advocacy 
 15.20  programs in counties currently not 
 15.21  receiving grants from the commissioner; 
 15.22  (2) American Indian battered women 
 15.23  advocacy and support services; and (3) 
 15.24  underfunded community advocacy 
 15.25  programs.  The commissioner must give 
 15.26  priority status to Red Lake, 
 15.27  Clearwater, and Big Stone counties in 
 15.28  distributing the appropriation to 
 15.29  ensure that these counties have 
 15.30  services available to battered women. 
 15.31  $103,000 the first year and $103,000 
 15.32  the second year to provide funding for 
 15.33  one existing battered women's shelter 
 15.34  in Washington county that currently is 
 15.35  not funded; and $104,000 the first year 
 15.36  and $104,000 the second year for one 
 15.37  existing battered women's shelter in 
 15.38  Goodhue county that currently is not 
 15.39  funded. 
 15.40  $25,000 each year is for grants to the 
 15.41  city of St. Paul to provide support 
 15.42  services to the surviving family 
 15.43  members of homicide, suicide, and 
 15.44  accidental death victims.  This is a 
 15.45  one-time appropriation. 
 15.46  Of this appropriation, $55,000 is for 
 15.47  grants to the Hennepin and Ramsey 
 15.48  county attorneys' offices to improve 
 15.49  the education of landlords and tenants 
 15.50  on best practices in the rental 
 15.51  market.  This is a one-time 
 15.52  appropriation. 
 15.53  Of this appropriation, $75,000 the 
 15.54  first year is for the commissioner, in 
 15.55  cooperation with the commissioner of 
 15.56  health and the attorney general, to 
 15.57  provide education and training to 
 15.58  county attorneys, public defenders, 
 15.59  victim advocates, and shelters on early 
 15.60  intervention and reduction of possible 
 15.61  HIV seroconversion for victims of 
 15.62  serious crimes that involve possible 
 15.63  HIV exposure; and in cooperation with 
 15.64  the commissioner of health, to 
 15.65  reimburse health care providers for 
 16.1   counseling, testing, and early 
 16.2   intervention services provided to crime 
 16.3   victims who request the services.  This 
 16.4   is a one-time appropriation. 
 16.5   The commissioner of corrections shall 
 16.6   examine options for implementing a 
 16.7   victim notification system designed to 
 16.8   reduce the probability of further 
 16.9   harassment of the victim.  The 
 16.10  commissioner shall examine the 
 16.11  feasibility of a toll-free call center 
 16.12  to allow victims to obtain information 
 16.13  on the current status and location of 
 16.14  inmates.  By February 1, 1998, the 
 16.15  commissioner shall submit a plan for 
 16.16  implementing a victim notification 
 16.17  system. 
 16.18  Subd. 6.  Management Services  
 16.19       9,271,000      9,459,000
 16.20  Sec. 12.  CORRECTIONS OMBUDSMAN          565,000        580,000
 16.21  Sec. 13.  SENTENCING GUIDELINES 
 16.22  COMMISSION                               395,000        405,000
 16.23  Sec. 14.  DEPARTMENT OF HUMAN
 16.24  RIGHTS      
 16.25  Subdivision 1.  Total
 16.26  Appropriation                          3,763,000      3,790,000 
 16.27  Subd. 2.  Contract Compliance
 16.28         386,000        395,000 
 16.29  Subd. 3.  Complaint Processing
 16.30       2,675,000      2,679,000 
 16.31  Of this appropriation, $50,000 the 
 16.32  first year is for a program for testing 
 16.33  whether the Human Rights Act, Minnesota 
 16.34  Statutes, chapter 363, is being 
 16.35  complied with in the area of rental 
 16.36  housing.  The program must include 
 16.37  tests to determine the frequency of 
 16.38  incidents of racial discrimination.  
 16.39  The department shall report to the 
 16.40  appropriate committees of the 
 16.41  legislature by January 1, 1998, on the 
 16.42  results and effectiveness of the 
 16.43  program.  This is a one-time 
 16.44  appropriation. 
 16.45  Subd. 4.  Management Services and
 16.46  Administration 
 16.47         702,000        716,000 
 16.48  Sec. 15.  UNIFORM LAWS COMMISSION         35,000         36,000 
 16.49  Sec. 16.  ATTORNEY GENERAL               162,000        218,000 
 16.50  Of this appropriation, $70,000 each 
 16.51  year is for a grant to the DARE 
 16.52  advisory council to be used to continue 
 16.53  existing education programs in 
 16.54  elementary schools and to expand the 
 17.1   program into junior and senior high 
 17.2   schools.  This is a one-time 
 17.3   appropriation. 
 17.4   Of this appropriation, $69,000 is a 
 17.5   one-time appropriation to hire law 
 17.6   clerks to assist the attorney general's 
 17.7   office in fulfilling its 
 17.8   responsibilities to the criminal gang 
 17.9   strike force and the arson strike force.
 17.10  Sec. 17.  DEFICIENCY APPROPRIATION
 17.11                Fiscal Year 1997
 17.12  General           1,393,000
 17.13  This appropriation for fiscal year 1997 
 17.14  is added to the appropriation in Laws 
 17.15  1995, chapter 226, article 1, section 
 17.16  7, subdivision 2, to provide matching 
 17.17  funds for federal emergency management 
 17.18  assistance funds received for natural 
 17.19  disaster assistance payments. 
 17.20     Sec. 18.  Laws 1995, chapter 226, article 3, section 60, 
 17.21  subdivision 4, is amended to read: 
 17.22     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
 17.23  committee shall submit draft rule parts which address the 
 17.24  program standards, evaluation, and auditing standards and 
 17.25  procedures to the chairs of the senate crime prevention and 
 17.26  house of representatives judiciary committee for review.  By 
 17.27  July 31, 1997, the licensing and programming rulemaking process 
 17.28  shall be completed.  By July 1, 1998, the licensing and 
 17.29  programming rule draft shall be completed.  Promulgation of the 
 17.30  draft rule parts, under the provision of Minnesota Statutes, 
 17.31  chapter 14, shall commence immediately thereafter.  In addition, 
 17.32  the commissioner of corrections and commissioner of human 
 17.33  services may develop interpretive guidelines for the licensing 
 17.34  and programming rule. 
 17.35     Sec. 19.  Laws 1996, chapter 408, article 1, section 6, 
 17.36  subdivision 6, is amended to read: 
 17.37  Subd. 6.  Spending Cap                                         
 17.38  General fund spending by the department 
 17.39  of corrections is limited to 
 17.40  $614,000,000 in the biennium ending 
 17.41  June 30, 1999. 
 17.42  The commissioner of corrections shall 
 17.43  prepare and submit to the legislature 
 17.44  by December 1, 1996, a proposal on how 
 17.45  to limit the increase in general fund 
 17.46  appropriations to the department of 
 18.1   corrections from the 1996-1997 biennium 
 18.2   to the 1998-1999 biennium so as not to 
 18.3   exceed the spending cap.  The 
 18.4   commissioner may also submit 
 18.5   alternative proposals to accomplish the 
 18.6   same goal.  The proposal or proposals 
 18.7   must include the commissioner's 
 18.8   recommendations for changes in 
 18.9   administration, programming, staffing, 
 18.10  and community services. 
 18.11     Sec. 20.  [PLAN FOR FUNDING CRIME VICTIM SERVICES.] 
 18.12     The commissioners of the departments of corrections and 
 18.13  public safety will provide a report to the chairs of the house 
 18.14  judiciary finance division and the senate crime prevention and 
 18.15  judiciary finance division by February 1, 1998.  The report will 
 18.16  contain a comprehensive coordinated plan for establishing and 
 18.17  funding statewide services for battered women, sexual assault, 
 18.18  and general crime victims. 
 18.19                             ARTICLE 2
 18.20           CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
 18.21     Section 1.  [GANG INTERVENTION SERVICES; PILOT GRANT 
 18.22  PROGRAM.] 
 18.23     Subdivision 1.  [GANG INTERVENTION.] The commissioner of 
 18.24  corrections shall develop and administer a gang intervention 
 18.25  pilot grant program to provide services to young persons who are 
 18.26  interested in terminating their gang affiliation.  This program 
 18.27  shall assist local organizations engaged in helping gang members 
 18.28  separate themselves from their gang affiliation by providing 
 18.29  services to former members of criminal gangs.  The commissioner 
 18.30  shall develop a grant application that specifies the eligibility 
 18.31  criteria for receiving grants and sets a formula for the match 
 18.32  requirement. 
 18.33     Subd. 2.  [ELIGIBILITY FOR GRANTS.] A local organization 
 18.34  must meet the following criteria to be eligible for a grant 
 18.35  under the program: 
 18.36     (1) it must be a private, nonprofit organization or a local 
 18.37  public agency; 
 18.38     (2) it must offer and provide to clients of the program 
 18.39  services to help gang members terminate their affiliation with 
 18.40  gangs, including educational opportunities, job skill 
 19.1   development, life skills, community service, medical services, 
 19.2   and counseling; and 
 19.3      (3) it must provide matching funds or in kind services in 
 19.4   compliance with the formula set by the commissioner of 
 19.5   corrections. 
 19.6      Subd. 3.  [ELIGIBILITY FOR SERVICES.] A person who seeks to 
 19.7   receive services under this section must meet the following 
 19.8   criteria: 
 19.9      (1) at the time the person is accepted into the program, 
 19.10  the person must not be older than 25 years of age or be under 
 19.11  the custody of the commissioner of corrections; 
 19.12     (2) the person must not have received substantially similar 
 19.13  services previously from the grant program or any other publicly 
 19.14  funded program; 
 19.15     (3) the person must be employable, as determined by the 
 19.16  grantee organization; and 
 19.17     (4) the person must agree to comply with all of the program 
 19.18  participation requirements established by the grantee 
 19.19  organization, including performing any required community 
 19.20  service. 
 19.21     Subd. 4.  [REPORT TO LEGISLATURE.] On or before January 15, 
 19.22  1999, the commissioner of corrections shall submit a report to 
 19.23  the legislature evaluating the operating of the pilot grant 
 19.24  program established in this section. 
 19.25     Sec. 2.  [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.] 
 19.26     Subdivision 1.  [ESTABLISHMENT.] A pilot project is created 
 19.27  in Ramsey county to establish and implement an enhanced 
 19.28  probation law enforcement community partnership program.  This 
 19.29  program will provide intensive monitoring and coordination 
 19.30  between juvenile probation officers, local law enforcement 
 19.31  personnel, and culturally specific community nonprofit agencies 
 19.32  to best deal with juvenile probationers who have committed or 
 19.33  who are at risk to commit violent crimes, especially likely to 
 19.34  involve weapons, and who are associated with gang and drug 
 19.35  activities in Ramsey county.  
 19.36     Subd. 2.  [PILOT PROJECT.] (a) The pilot project is a local 
 20.1   Ramsey county community-based program designed to discourage 
 20.2   young people from involvement in unlawful drug or street gang 
 20.3   activities usually involving violence and weapons.  It will 
 20.4   provide a bridge between the law enforcement, corrections, and 
 20.5   culturally specific community-based programs designed to provide 
 20.6   a more intensive intervention, including during evenings and 
 20.7   weekends, effort with juvenile offenders on probation who are 
 20.8   identified as likely to engage in repeated criminal activity in 
 20.9   the future unless intervention is undertaken through intensive 
 20.10  surveillance, accountable consequences for probation violations, 
 20.11  and the use of culturally sensitive treatment programs that are 
 20.12  innovative and that encourage substantial involvement by members 
 20.13  of the community served by the program. 
 20.14     (b) This is a pilot project for Ramsey county, the city of 
 20.15  St. Paul, and other local law enforcement agencies along with 
 20.16  nonprofit community-based entities who may apply for a grant by 
 20.17  submitting an application to Ramsey county for a portion of the 
 20.18  state funding. 
 20.19     (c) The applicant nonprofit community-based entities must 
 20.20  specify the following in their applications: 
 20.21     (1) a description of each program for which funding is 
 20.22  sought; 
 20.23     (2) intended outcomes and performance indicators for the 
 20.24  program; 
 20.25     (3) a description of the planning process that identifies 
 20.26  local community needs, surveys existing programs, provides for 
 20.27  coordination with existing programs, and involves all affected 
 20.28  sectors of the community; 
 20.29     (4) the geographical area to be served by the program; and 
 20.30     (5) the cultural specific group to be served. 
 20.31     Subd. 3.  [REPORT ON PILOT PROJECT.] Ramsey county shall 
 20.32  provide a summary of how the grant funds are spent and the 
 20.33  extent to which the objectives of the program are achieved.  The 
 20.34  summary is to be submitted to the chairs of the committees of 
 20.35  the senate and house of representatives with jurisdiction over 
 20.36  criminal justice policy and funding of crime prevention 
 21.1   programs, by March 1 each year, based on the information 
 21.2   provided by applicants under this subdivision and the results of 
 21.3   the enforcement efforts of the joint police-probation officer 
 21.4   teams. 
 21.5      Sec. 3.  [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 
 21.6   DAKOTA AND ANOKA COUNTIES.] 
 21.7      Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
 21.8   1997, the commissioner of corrections shall establish 
 21.9   school-based probation pilot projects in Dakota and Anoka 
 21.10  counties. 
 21.11     Subd. 2.  [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and 
 21.12  Anoka counties shall each select one middle or junior high 
 21.13  school and one high school to participate in the school-based 
 21.14  probation pilot project.  Each county may select one additional 
 21.15  middle, junior high, or high school for a total of no more than 
 21.16  three schools in each county.  Each county shall select as 
 21.17  participating schools those schools which are able to provide 
 21.18  necessary support for the program, such as office space, access 
 21.19  to the building during nonschool hours, and a willingness to 
 21.20  develop alternative disciplinary responses.  Each school-based 
 21.21  probation program established shall contain a probation officer 
 21.22  located at the school who is available to help the school 
 21.23  address behavioral incidents in the school by probationers.  The 
 21.24  probation officer shall help in:  
 21.25     (1) conducting cognitive/behavioral group sessions along 
 21.26  with school personnel providing cofacilitation assistance; 
 21.27     (2) developing and administering alternatives to school 
 21.28  discipline actions such as suspension, which may include 
 21.29  mediation, community service, or home confinement; 
 21.30     (3) working more closely with the school and communicating 
 21.31  with and engaging the family's support of the juvenile's school 
 21.32  work and behavior; and 
 21.33     (4) referring and brokering with other schools' services to 
 21.34  align the probationer and the probationer's family with needed 
 21.35  services. 
 21.36     Subd. 3.  [DATA PRACTICES.] Data created, collected, used, 
 22.1   or maintained by school-based probation officers and school 
 22.2   officials participating in this pilot project are private data 
 22.3   on individuals as defined in Minnesota Statutes, section 13.02, 
 22.4   subdivision 12, and may be disseminated among personnel working 
 22.5   with the school-based probation project and as follows: 
 22.6      (1) pursuant to Minnesota Statutes, section 13.05; 
 22.7      (2) pursuant to a valid court order; 
 22.8      (3) pursuant to a statute specifically authorizing access 
 22.9   to the private data; 
 22.10     (4) as allowed in Code of Federal Regulations, title 34, 
 22.11  part 99; or 
 22.12     (5) within the participating school district or educational 
 22.13  entity as necessary to protect persons or property or to address 
 22.14  the educational and other needs of students. 
 22.15     Subd. 4.  [REPORT REQUIRED.] By January 15, 1999, the 
 22.16  commissioner of corrections shall report to the chairs of the 
 22.17  senate and house of representatives committees having 
 22.18  jurisdiction over criminal justice policy on the effectiveness 
 22.19  of the pilot project and any school-based probation programs 
 22.20  created under this section.  The report shall address the 
 22.21  effectiveness of the pilot project by measuring reduction in 
 22.22  school suspensions, improvement in grades, reduction of truant 
 22.23  behavior, reduction in number and severity of delinquent 
 22.24  behaviors, increase in number who return to school, and increase 
 22.25  in number who succeed in school. 
 22.26     Sec. 4.  [WORKING GROUP ON RESTITUTION.] 
 22.27     Subdivision 1.  [CREATION; DUTIES.] A working group is 
 22.28  created to study methods to improve the collection of 
 22.29  restitution and the enforcement of restitution orders for repeat 
 22.30  offenders.  The working group must consider the feasibility of: 
 22.31     (1) incarcerating offenders who have been convicted two or 
 22.32  more times of committing an offense for which restitution to a 
 22.33  victim, as defined in Minnesota Statutes, section 611A.01, or to 
 22.34  society is owed or should be paid, including but not limited to 
 22.35  violations of Minnesota Statutes, sections 169.121 (DWI) or 
 22.36  169.129 (aggravated DWI); 609.375 (nonpayment of child support); 
 23.1   609.52 (theft); 609.561 to 609.563 (arson); or 609.582 
 23.2   (burglary); 
 23.3      (2) requiring these inmates to work at a fair market wage; 
 23.4   and 
 23.5      (3) enabling inmates to first pay restitution to their 
 23.6   victims, after satisfying any outstanding or ongoing child 
 23.7   support or spousal maintenance obligations, and secondly, to pay 
 23.8   the operating costs of their confinement, including the costs of 
 23.9   any privileges, treatment, or services received by the inmates 
 23.10  in the facility. 
 23.11     Subd. 2.  [MEMBERSHIP.] The working group consists of the 
 23.12  following 14 members: 
 23.13     (1) the commissioner of corrections or the commissioner's 
 23.14  designee; 
 23.15     (2) two district court judges appointed by the chief 
 23.16  justice, one from the metropolitan area, and one from outside 
 23.17  the metropolitan area; 
 23.18     (3) the ombudsman for crime victims; 
 23.19     (4) the ombudsman for corrections; 
 23.20     (5) a representative of the Minnesota association of 
 23.21  community corrections act counties; 
 23.22     (6) a representative of the Minnesota association of county 
 23.23  probation officers; 
 23.24     (7) two members of the house of representatives appointed 
 23.25  by the speaker, and two members of the senate appointed by the 
 23.26  subcommittee on committees.  These appointments must be made in 
 23.27  a manner that ensures a fair representation of viewpoints on 
 23.28  business and labor issues; 
 23.29     (8) one crime victim; 
 23.30     (9) one representative of the business community appointed 
 23.31  by the commissioner of corrections after consultation with the 
 23.32  Minnesota business partnership and the Minnesota chamber of 
 23.33  commerce; and 
 23.34     (10) one representative of labor unions appointed by the 
 23.35  commissioner of corrections after consultation with public and 
 23.36  private labor organizations from the affiliated membership of 
 24.1   the Minnesota AFL-CIO. 
 24.2      The commissioner of corrections or the commissioner's 
 24.3   designee shall chair and provide necessary staff support to the 
 24.4   task force. 
 24.5      Subd. 3.  [ADDITIONAL DUTIES.] (a) The working group shall 
 24.6   study the feasibility of and develop recommendations concerning 
 24.7   guidelines for sentencing courts to use when sentencing 
 24.8   offenders to incarceration and when ordering offenders to pay 
 24.9   restitution to crime victims or to the public. 
 24.10     (b) The working group shall investigate whether it would be 
 24.11  feasible for the state to enter into a long-term contract with 
 24.12  one or more business entities under which the business entity 
 24.13  would employ inmates at a fair market wage.  The commissioner of 
 24.14  corrections would ensure that inmates use the wages they earn to 
 24.15  pay restitution to their victims according to restitution 
 24.16  guidelines approved by the legislature, and to pay the costs of 
 24.17  their confinement.  Based on this investigation, the working 
 24.18  group shall make recommendations to the legislature by February 
 24.19  1, 1998, regarding the type of business entity or entities with 
 24.20  which the state could contract to operate an industry program. 
 24.21     (c) The working group shall examine current methods of 
 24.22  collecting restitution and determine whether there are better 
 24.23  ways of collecting restitution and enforcing restitution orders 
 24.24  within the current criminal justice system. 
 24.25     Sec. 5.  [PILOT PROGRAM; JUVENILE GUN OFFENDERS.] 
 24.26     A pilot program is established in Hennepin county for 
 24.27  juveniles who are found delinquent for illegally possessing a 
 24.28  pistol.  Under this pilot program, judges may order that these 
 24.29  juveniles be committed to a local county correctional facility 
 24.30  for not less than 30 days, and that 23 days of this commitment 
 24.31  be stayed on condition that the juvenile reside in a juvenile 
 24.32  correctional facility for at least seven days and successfully 
 24.33  complete a 40-hour course on gun education provided by the 
 24.34  facility.  The court must revoke the stay of commitment if the 
 24.35  juvenile fails to complete the gun education course.  The county 
 24.36  shall submit a report to the legislature by January 1, 1999, 
 25.1   evaluating the pilot program. 
 25.2      Sec. 6.  [COMMUNITY SERVICE GRANT PILOT PROJECT.] 
 25.3      Hennepin and Ramsey counties shall each establish and 
 25.4   administer a pilot project grant program to fund community-based 
 25.5   programs in high-crime areas that provide opportunities for 
 25.6   children under age 16 to volunteer for and perform community 
 25.7   service.  Programs qualifying for grants must encourage good 
 25.8   citizenship and discourage participating children from engaging 
 25.9   in illegal activities or associating with criminal gangs.  
 25.10  Programs receiving grants may provide children who perform 
 25.11  community service with appropriate nonmonetary rewards 
 25.12  including, but not limited to, partial scholarships for 
 25.13  post-secondary education, gift certificates, tickets for 
 25.14  entertainment, parties, and group outings. 
 25.15     Hennepin and Ramsey counties shall establish criteria, 
 25.16  which must include the following, for determining the 
 25.17  community-based programs eligible for grants: 
 25.18     (1) have a broad network of established economic and social 
 25.19  relationships within the community and with local governmental 
 25.20  units; 
 25.21     (2) represent a broad range of diversity; 
 25.22     (3) have demonstrated an ability to administer 
 25.23  community-based programs and have a history of successful 
 25.24  community organizing; 
 25.25     (4) have a proven history of properly supervising and 
 25.26  successfully interacting with juveniles; and 
 25.27     (5) have demonstrated an ability to work with schools and 
 25.28  parents of juveniles. 
 25.29     Sec. 7.  [FIREFIGHTER TRAINING STUDY COMMITTEE.] 
 25.30     Subdivision 1.  [MEMBERSHIP; CHAIR.] (a) The firefighter 
 25.31  training study committee consists of: 
 25.32     (1) two representatives of the Minnesota state fire chiefs 
 25.33  association, appointed by the president of the association; 
 25.34     (2) two representatives of the Minnesota professional 
 25.35  firefighters, appointed by the president of the organization; 
 25.36     (3) two representatives of the Minnesota state fire 
 26.1   department association, appointed by the president of the 
 26.2   organization; 
 26.3      (4) two representatives of the league of Minnesota cities, 
 26.4   appointed by the president of the league; 
 26.5      (5) the director of the Minnesota state colleges and 
 26.6   universities FIRE/EMS center, or the director's designee; 
 26.7      (6) a public member, appointed by the governor; 
 26.8      (7) an employee of the department of labor and industry 
 26.9   whose responsibilities include fire-related occupational safety 
 26.10  and health activities, appointed by the commissioner of labor 
 26.11  and industry; 
 26.12     (8) the commissioner of public safety or the commissioner's 
 26.13  designee; 
 26.14     (9) two members of the house of representatives, one from 
 26.15  each caucus; one representing a district within the metropolitan 
 26.16  area as defined in Minnesota Statutes, section 473.121, 
 26.17  subdivision 2, and the other representing a district outside the 
 26.18  metropolitan area, appointed by the speaker; and 
 26.19     (10) two members of the senate, one from each caucus; one 
 26.20  representing a district within the metropolitan area as defined 
 26.21  in Minnesota Statutes, section 473.121, subdivision 2, and the 
 26.22  other representing a district outside the metropolitan area, 
 26.23  appointed by the subcommittee on committees of the committee on 
 26.24  rules and administration. 
 26.25     (b) The committee shall elect a chair from the voting 
 26.26  members. 
 26.27     Subd. 2.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
 26.28  public safety shall provide necessary administrative and staff 
 26.29  support to the committee. 
 26.30     Subd. 3.  [COMPENSATION.] Committee members who are not 
 26.31  public officials or employees are entitled to reimbursement for 
 26.32  expenses in accordance with Minnesota Statutes, section 15.059, 
 26.33  subdivision 6.  Legislative members are entitled to compensation 
 26.34  in accordance with rules of the house of representatives and the 
 26.35  senate. 
 26.36     Subd. 4.  [DUTIES.] (a) The committee shall: 
 27.1      (1) review findings and recommendations of the joint 
 27.2   advisory training committee formed by the Minnesota state fire 
 27.3   department association, the Minnesota state fire chiefs 
 27.4   association, and the Minnesota professional firefighters; 
 27.5      (2) conduct further study of firefighter training needs and 
 27.6   options; 
 27.7      (3) consider current funding for firefighter training, 
 27.8   determine any need for additional funding, and recommend 
 27.9   possible sources of the funding; 
 27.10     (4) consider the current delivery system for firefighter 
 27.11  training, including statewide coordinating of training, and any 
 27.12  needed improvements; 
 27.13     (5) consider the selection and evaluation of training 
 27.14  instructors and any needed improvements; 
 27.15     (6) study levels of service delivery and any need for 
 27.16  standardized training; 
 27.17     (7) consider federal and state laws and standards that 
 27.18  affect firefighter training; 
 27.19     (8) determine a fair system for reimbursing local 
 27.20  jurisdictions for training programs; and 
 27.21     (9) consider the need for centralized administrative 
 27.22  direction of training programs. 
 27.23     (b) The committee shall conduct at least three, but no more 
 27.24  than five, public meetings around the state to gather public 
 27.25  input relevant to paragraph (a).  Before submitting the report 
 27.26  required by subdivision 5, the committee shall prepare and 
 27.27  disseminate a draft report and seek public comment on it.  A 
 27.28  record of comment received must be kept and submitted along with 
 27.29  the report required by subdivision 5. 
 27.30     Subd. 5.  [REPORT.] The committee shall submit a report and 
 27.31  its recommendations to the legislature by February 1, 1998.  The 
 27.32  report must identify any changes in statutes required to 
 27.33  implement the committee's recommendations.  The committee 
 27.34  expires upon submission of the report. 
 27.35     Subd. 6.  [LOCAL COOPERATION.] Local government units shall 
 27.36  cooperate with the committee in the preparation of the report 
 28.1   required by subdivision 5. 
 28.2                              ARTICLE 3
 28.3                       GENERAL CRIME PROVISIONS
 28.4      Section 1.  Minnesota Statutes 1996, section 169.20, 
 28.5   subdivision 5, is amended to read: 
 28.6      Subd. 5.  [EMERGENCY VEHICLE.] (a) Upon the immediate 
 28.7   approach of an authorized emergency vehicle equipped with at 
 28.8   least one lighted lamp exhibiting red light visible under normal 
 28.9   atmospheric conditions from a distance of 500 feet to the front 
 28.10  of such vehicle and, except where otherwise not required by law, 
 28.11  when the driver is giving audible signal by siren, the driver of 
 28.12  each other vehicle shall yield the right-of-way and shall 
 28.13  immediately drive to a position parallel to and as close as 
 28.14  possible to the right-hand edge or curb of the highway clear of 
 28.15  any intersection, and shall stop and remain in this position 
 28.16  until the authorized emergency vehicle has passed, except when 
 28.17  otherwise directed by a police officer.  The driver of another 
 28.18  vehicle on a one-way roadway shall drive to the closest edge or 
 28.19  curb and stop.  The driver of an authorized emergency vehicle 
 28.20  escorting the movement of a vehicle or load which is oversize or 
 28.21  overweight need not sound an audible signal by siren but shall 
 28.22  exhibit the light required by this paragraph.  The driver of 
 28.23  each other vehicle then shall yield the right-of-way, as 
 28.24  required by this paragraph, to the emergency vehicle escorting 
 28.25  the vehicle or load which is oversize or overweight. 
 28.26     (b) Upon the approach of an authorized emergency vehicle 
 28.27  the driver of each street car and the operator of each trackless 
 28.28  trolley car shall immediately stop such car clear of any 
 28.29  intersection and keep it in this position and keep the doors and 
 28.30  gates of the street car or trackless trolley car closed until 
 28.31  the authorized emergency vehicle has passed, except when 
 28.32  otherwise directed by a police officer. 
 28.33     (c) A peace officer may arrest the driver of a motor 
 28.34  vehicle if the peace officer has probable cause to believe that 
 28.35  the driver has operated the vehicle in violation of paragraph 
 28.36  (a) within the four-hour period following the termination of the 
 29.1   emergency incident. 
 29.2      (d) This subdivision shall not operate to relieve the 
 29.3   driver of an authorized emergency vehicle from the duty to drive 
 29.4   with due regard for the safety of persons using the highways. 
 29.5      Sec. 2.  Minnesota Statutes 1996, section 169.797, 
 29.6   subdivision 3, is amended to read: 
 29.7      Subd. 3.  [VIOLATION BY DRIVER.] Any other person who 
 29.8   operates a vehicle upon a public highway, street, or road in 
 29.9   this state who knows or has reason to know that the owner does 
 29.10  not have security complying with the terms of section 65B.48 in 
 29.11  full force and effect is guilty of a crime and shall be 
 29.12  sentenced as provided in subdivision 4. 
 29.13     Sec. 3.  Minnesota Statutes 1996, section 388.23, 
 29.14  subdivision 1, is amended to read: 
 29.15     Subdivision 1.  [AUTHORITY.] The county attorney, or any 
 29.16  deputy or assistant county attorney whom the county attorney 
 29.17  authorizes in writing, has the authority to subpoena and require 
 29.18  the production of any records of telephone companies, cellular 
 29.19  phone companies, paging companies, the names and addresses of 
 29.20  subscribers of private computer networks including Internet 
 29.21  service providers or computer bulletin board systems, electric 
 29.22  companies, gas companies, water utilities, chemical suppliers, 
 29.23  hotels and motels, pawn shops, airlines, buses, taxis, and other 
 29.24  entities engaged in the business of transporting people, and 
 29.25  freight companies, warehousing companies, self-service storage 
 29.26  facilities, package delivery companies, and other entities 
 29.27  engaged in the businesses of transport, storage, or delivery, 
 29.28  and records of the existence of safe deposit box account numbers 
 29.29  and customer savings and checking account numbers maintained by 
 29.30  financial institutions and safe deposit companies, insurance 
 29.31  records relating to the monetary payment or settlement of 
 29.32  claims, and wage and employment records of an applicant or 
 29.33  recipient of public assistance who is the subject of a welfare 
 29.34  fraud investigation relating to eligibility information for 
 29.35  public assistance programs.  Subpoenas may only be issued for 
 29.36  records that are relevant to an ongoing legitimate law 
 30.1   enforcement investigation.  Administrative subpoenas may only be 
 30.2   issued in welfare fraud cases if there is probable cause to 
 30.3   believe a crime has been committed.  This provision applies only 
 30.4   to the records of business entities and does not extend to 
 30.5   private individuals or their dwellings.  Subpoenas may only be 
 30.6   served by peace officers as defined by section 626.84, 
 30.7   subdivision 1, paragraph (c). 
 30.8      Sec. 4.  Minnesota Statutes 1996, section 609.101, 
 30.9   subdivision 5, is amended to read: 
 30.10     Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
 30.11  PAYMENTS.] (a) The court may not waive payment of the minimum 
 30.12  fine, surcharge, or assessment required by this section.  The 
 30.13  court may reduce the amount of the minimum fine, surcharge, or 
 30.14  assessment 
 30.15     (b) If the defendant qualifies for the services of a public 
 30.16  defender or the court makes written findings finds on the record 
 30.17  that the convicted person is indigent or that immediate payment 
 30.18  of the fine, surcharge, or assessment would create undue 
 30.19  hardship for the convicted person or that person's immediate 
 30.20  family, the court may reduce the amount of the minimum fine to 
 30.21  not less than $50.  
 30.22     (c) The court also may authorize payment of the fine, 
 30.23  surcharge, or assessment in installments. 
 30.24     Sec. 5.  Minnesota Statutes 1996, section 609.135, 
 30.25  subdivision 1, is amended to read: 
 30.26     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 30.27  sentence of life imprisonment is required by law, or when a 
 30.28  mandatory minimum sentence is required by section 609.11, any 
 30.29  court may stay imposition or execution of sentence and: 
 30.30     (a) (1) may order intermediate sanctions without placing 
 30.31  the defendant on probation,; or 
 30.32     (b) (2) may place the defendant on probation with or 
 30.33  without supervision and on the terms the court prescribes, 
 30.34  including intermediate sanctions when practicable.  The court 
 30.35  may order the supervision to be under the probation officer of 
 30.36  the court, or, if there is none and the conviction is for a 
 31.1   felony or gross misdemeanor, by the commissioner of corrections, 
 31.2   or in any case by some other suitable and consenting person.  No 
 31.3   intermediate sanction may be ordered performed at a location 
 31.4   that fails to observe applicable requirements or standards of 
 31.5   chapter 181A or 182, or any rule promulgated under them.  
 31.6      (b) For purposes of this subdivision, subdivision 6, and 
 31.7   section 609.14, the term "intermediate sanctions" includes but 
 31.8   is not limited to incarceration in a local jail or workhouse, 
 31.9   home detention, electronic monitoring, intensive probation, 
 31.10  sentencing to service, reporting to a day reporting center, 
 31.11  chemical dependency or mental health treatment or counseling, 
 31.12  restitution, fines, day-fines, community work service, work 
 31.13  service in a restorative justice program, work in lieu of or to 
 31.14  work off fines and, with the victim's consent, work in lieu of 
 31.15  or to work off restitution.  
 31.16     (c) A court may not stay the revocation of the driver's 
 31.17  license of a person convicted of violating the provisions of 
 31.18  section 169.121. 
 31.19     Sec. 6.  Minnesota Statutes 1996, section 609.135, is 
 31.20  amended by adding a subdivision to read: 
 31.21     Subd. 2a.  [TOLLING OF STAY OF SENTENCE.] (a) When a court: 
 31.22     (1) sentences a defendant to serve an executed felony 
 31.23  sentence consecutively to a stayed felony sentence; or 
 31.24     (2) sentences a defendant to multiple, consecutive, stayed 
 31.25  felony sentences and subsequently revokes one of the stays of 
 31.26  sentence under section 609.14; 
 31.27  the running of the stay of sentence of the unexecuted sentence 
 31.28  shall be tolled while the defendant serves the executed 
 31.29  sentence.  The running of the stay of sentence shall recommence 
 31.30  when the defendant is discharged from the executed sentence. 
 31.31     (b) The defendant is not entitled to credit against the 
 31.32  stayed sentence for time served in confinement during the 
 31.33  consecutive executed sentence. 
 31.34     Sec. 7.  Minnesota Statutes 1996, section 609.135, 
 31.35  subdivision 7, is amended to read: 
 31.36     Subd. 7.  [DEMAND OF EXECUTION OF SENTENCE.] An offender 
 32.1   may not demand execution of sentence in lieu of a stay of 
 32.2   imposition or execution of sentence if the offender will serve 
 32.3   less than nine months at the state institution.  This 
 32.4   subdivision does not apply to an offender who will be serving 
 32.5   the sentence consecutively or concurrently with a previously 
 32.6   imposed executed felony sentence or in lieu of the tolling of a 
 32.7   stay of sentence under subdivision 2a.  
 32.8      Sec. 8.  Minnesota Statutes 1996, section 609.15, 
 32.9   subdivision 1, is amended to read: 
 32.10     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
 32.11  SPECIFICATION REQUIREMENT.] (a) When separate sentences of 
 32.12  imprisonment are imposed on a defendant for two or more crimes, 
 32.13  whether charged in a single indictment or information or 
 32.14  separately, or when a person who is under sentence of 
 32.15  imprisonment in this state is being sentenced to imprisonment 
 32.16  for another crime committed prior to or while subject to such 
 32.17  former sentence, the court in the later sentences shall specify 
 32.18  whether the sentences shall run concurrently or consecutively.  
 32.19  If the court does not so specify, the sentences shall run 
 32.20  concurrently.  
 32.21     (b) When a court imposes sentence for a misdemeanor or 
 32.22  gross misdemeanor offense, and specifies that the sentence shall 
 32.23  run consecutively to any other sentence, the court may order the 
 32.24  defendant to serve time in custody for the consecutive sentence 
 32.25  in addition to any time in custody the defendant may be serving 
 32.26  for any other offense, including probationary jail time or 
 32.27  imprisonment for any felony offense. 
 32.28     Sec. 9.  [609.153] [INCREASED PENALTIES FOR CERTAIN 
 32.29  MISDEMEANORS.] 
 32.30     Subdivision 1.  [APPLICATION.] This section applies to the 
 32.31  following misdemeanor-level crimes:  sections 609.324 
 32.32  (prostitution); 609.546 (motor vehicle tampering); 609.595 
 32.33  (damage to property); and 609.66 (dangerous weapons); and 
 32.34  violations of local ordinances in cities of the first class 
 32.35  prohibiting the unlawful sale or possession of controlled 
 32.36  substances. 
 33.1      Subd. 2.  [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 
 33.2   the Rules of Criminal Procedure, a peace officer acting without 
 33.3   a warrant who has decided to proceed with the prosecution of a 
 33.4   person for committing a crime described in subdivision 1, may 
 33.5   arrest and take the person into custody if the officer has 
 33.6   reason to believe the person has a prior conviction for any 
 33.7   crime described in subdivision 1. 
 33.8      Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
 33.9   statutory maximum penalty otherwise applicable to the offense, a 
 33.10  person who commits a misdemeanor-level crime described in 
 33.11  subdivision 1 is guilty of a gross misdemeanor if the court 
 33.12  determines at the time of sentencing that the person has two or 
 33.13  more prior convictions in this or any other state for any of the 
 33.14  crimes described in subdivision 1. 
 33.15     Subd. 4.  [NOTICE TO COMPLAINING WITNESS.] A prosecuting 
 33.16  authority who is responsible for filing charges against or 
 33.17  prosecuting a person arrested under the circumstances described 
 33.18  in subdivision 2 shall make reasonable efforts to notify the 
 33.19  complaining witness of the final outcome of the criminal 
 33.20  proceeding that resulted from the arrest including, where 
 33.21  appropriate, the decision to dismiss or not file charges against 
 33.22  the arrested person. 
 33.23     Sec. 10.  Minnesota Statutes 1996, section 609.221, is 
 33.24  amended to read: 
 33.25     609.221 [ASSAULT IN THE FIRST DEGREE.] 
 33.26     Subdivision 1.  [GREAT BODILY HARM.] Whoever assaults 
 33.27  another and inflicts great bodily harm may be sentenced to 
 33.28  imprisonment for not more than 20 years or to payment of a fine 
 33.29  of not more than $30,000, or both.  
 33.30     Subd. 2.  [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR 
 33.31  CORRECTIONAL EMPLOYEE.] (a) Notwithstanding the provisions of 
 33.32  sections 609.11 and 609.135, whoever assaults a peace officer or 
 33.33  an employee of a correctional facility, as defined in section 
 33.34  241.021, by using or attempting to use deadly force against the 
 33.35  officer or employee while the officer or employee is engaged in 
 33.36  the performance of a duty imposed by law, policy, or rule, shall 
 34.1   be sentenced to imprisonment for not less than ten years nor 
 34.2   more than 20 years and, in addition, may be sentenced to payment 
 34.3   of a fine of not more than $30,000. 
 34.4      (b) As used in this subdivision: 
 34.5      (1) "deadly force" has the meaning given in section 
 34.6   609.066, subdivision 1; and 
 34.7      (2) "peace officer" has the meaning given in section 
 34.8   626.84, subdivision 1.  
 34.9      Sec. 11.  Minnesota Statutes 1996, section 609.2231, is 
 34.10  amended by adding a subdivision to read: 
 34.11     Subd. 7.  [DEPARTMENT OF HUMAN SERVICE EMPLOYEES.] An 
 34.12  assault committed against an employee of the department of human 
 34.13  services is a gross misdemeanor when: 
 34.14     (1) the assault is committed while the employee is engaged 
 34.15  in the performance of a duty mandated by law, court order, or 
 34.16  ordinance; 
 34.17     (2) the assailant knows the victim is an employee of the 
 34.18  department of human services engaged in the performance of 
 34.19  official public duties; 
 34.20     (3) the assault results in demonstrable bodily harm; and 
 34.21     (4) the assailant is under commitment or being evaluated 
 34.22  for commitment as: 
 34.23     (a) a person mentally ill and dangerous to the public as 
 34.24  defined in section 253B.02, subdivision 17; 
 34.25     (b) a sexual psychopathic personality as defined in section 
 34.26  253B.02, subdivision 18a; or 
 34.27     (c) a sexually dangerous person as defined in section 
 34.28  253B.02, subdivision 18b. 
 34.29     Sec. 12.  Minnesota Statutes 1996, section 609.2245, 
 34.30  subdivision 2, is amended to read: 
 34.31     Subd. 2.  [PERMITTED ACTIVITIES.] A surgical procedure is 
 34.32  not a violation of subdivision 1 if the procedure: 
 34.33     (1) is necessary to the health of the person on whom it is 
 34.34  performed and is performed by:  (i) a physician licensed under 
 34.35  chapter 147 or; (ii) a physician in training under the 
 34.36  supervision of a licensed physician; or (iii) a certified nurse 
 35.1   midwife practicing within the nurse midwife's legal scope of 
 35.2   practice; or 
 35.3      (2) is performed on a person who is in labor or who has 
 35.4   just given birth and is performed for medical purposes connected 
 35.5   with that labor or birth:  (i) by a physician licensed under 
 35.6   chapter 147 or; (ii) a physician in training under the 
 35.7   supervision of a licensed physician; or (iii) a certified nurse 
 35.8   midwife practicing within the nurse midwife's legal scope of 
 35.9   practice. 
 35.10     Sec. 13.  [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; 
 35.11  ELDERLY OR HANDICAPPED VICTIMS.] 
 35.12     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 35.13     (1) "charitable solicitation law violation" means a 
 35.14  violation of sections 309.50 to 309.61; 
 35.15     (2) "consumer fraud law violation" means a violation of 
 35.16  sections 325F.68 to 325F.70; 
 35.17     (3) "deceptive trade practices law violation" means a 
 35.18  violation of sections 325D.43 to 325D.48; 
 35.19     (4) "false advertising law violation" means a violation of 
 35.20  section 325F.67; 
 35.21     (5) "handicapped person" means a person who has an 
 35.22  impairment of physical or mental function or emotional status 
 35.23  that substantially limits one or more major life activities; 
 35.24     (6) "major life activities" means functions such as caring 
 35.25  for oneself, performing manual tasks, walking, seeing, hearing, 
 35.26  speaking, breathing, learning, and working; and 
 35.27     (7) "senior citizen" means a person who is 62 years of age 
 35.28  or older. 
 35.29     Subd. 2.  [CRIME.] It is a gross misdemeanor for any person 
 35.30  to commit a charitable solicitation law violation, a consumer 
 35.31  fraud law violation, a deceptive trade practices law violation, 
 35.32  or a false advertising law violation if the person knows or has 
 35.33  reason to know that the person's conduct: 
 35.34     (1) is directed at one or more handicapped persons or 
 35.35  senior citizens; and 
 35.36     (2) will cause or is likely to cause a handicapped person 
 36.1   or a senior citizen to suffer loss or encumbrance of a primary 
 36.2   residence, principal employment or other major source of income, 
 36.3   substantial loss of property set aside for retirement or for 
 36.4   personal or family care and maintenance, substantial loss of 
 36.5   pension, retirement plan, or government benefits, or substantial 
 36.6   loss of other assets essential to the victim's health or welfare.
 36.7      Subd. 3.  [PROSECUTORIAL JURISDICTION.] The attorney 
 36.8   general has statewide jurisdiction to prosecute violations of 
 36.9   this section.  This jurisdiction is concurrent with that of the 
 36.10  local prosecuting authority responsible for prosecuting gross 
 36.11  misdemeanors in the place where the violation was committed. 
 36.12     Sec. 14.  Minnesota Statutes 1996, section 609.487, 
 36.13  subdivision 3, is amended to read: 
 36.14     Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
 36.15  vehicle flees or attempts to flee a peace officer who is acting 
 36.16  in the lawful discharge of an official duty, and the perpetrator 
 36.17  knows or should reasonably know the same to be a peace 
 36.18  officer, may be sentenced to imprisonment for not more than one 
 36.19  year or to payment of a fine of not more than $3,000, or both.  
 36.20  Whoever violates this subdivision a second or subsequent time is 
 36.21  guilty of a felony and may be sentenced to imprisonment for not 
 36.22  more than one year three years and one day or to payment of a 
 36.23  fine of not more than $3,000 $5,000, or both. 
 36.24     Sec. 15.  Minnesota Statutes 1996, section 609.495, 
 36.25  subdivision 1, is amended to read: 
 36.26     Subdivision 1.  (a) Whoever harbors, conceals, or aids 
 36.27  another known by the actor to have committed a felony under the 
 36.28  laws of this or another state or of the United States with 
 36.29  intent that such offender shall avoid or escape from arrest, 
 36.30  trial, conviction, or punishment, may be sentenced to 
 36.31  imprisonment for not more than three years or to payment of a 
 36.32  fine of not more than $5,000, or both.  
 36.33     (b) Whoever knowingly harbors, conceals, or aids a person 
 36.34  who is on probation, parole, or supervised release because of a 
 36.35  felony level conviction and for whom an arrest and detention 
 36.36  order has been issued, with intent that the person evade or 
 37.1   escape being taken into custody under the order, may be 
 37.2   sentenced to imprisonment for not more than three years or to 
 37.3   payment of a fine of not more than $5,000, or both.  As used in 
 37.4   this paragraph, "arrest and detention order" means a written 
 37.5   order to take and detain a probationer, parolee, or supervised 
 37.6   releasee that is issued under section 243.05, subdivision 1; 
 37.7   260.311, subdivision 3a; or 401.02, subdivision 4. 
 37.8      Sec. 16.  Minnesota Statutes 1996, section 609.498, is 
 37.9   amended by adding a subdivision to read: 
 37.10     Subd. 1b.  [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) 
 37.11  A person is guilty of aggravated first-degree witness tampering 
 37.12  if the person causes or, by means of an implicit or explicit 
 37.13  credible threat, threatens to cause great bodily harm or death 
 37.14  to another in the course of committing any of the following acts 
 37.15  intentionally: 
 37.16     (1) preventing or dissuading or attempting to prevent or 
 37.17  dissuade a person who is or may become a witness from attending 
 37.18  or testifying at any criminal trial or proceeding; 
 37.19     (2) coercing or attempting to coerce a person who is or may 
 37.20  become a witness to testify falsely at any criminal trial or 
 37.21  proceeding; 
 37.22     (3) retaliating against a person who was summoned as a 
 37.23  witness at any criminal trial or proceeding within a year 
 37.24  following that trial or proceeding or within a year following 
 37.25  the actor's release from incarceration, whichever is later; 
 37.26     (4) preventing or dissuading or attempting to prevent or 
 37.27  dissuade a person from providing information to law enforcement 
 37.28  authorities concerning a crime; 
 37.29     (5) coercing or attempting to coerce a person to provide 
 37.30  false information concerning a crime to law enforcement 
 37.31  authorities; or 
 37.32     (6) retaliating against any person who has provided 
 37.33  information to law enforcement authorities concerning a crime 
 37.34  within a year of that person providing the information or within 
 37.35  a year of the actor's release from incarceration, whichever is 
 37.36  later. 
 38.1      (b) A person convicted of committing any act prohibited by 
 38.2   paragraph (a) may be sentenced as follows: 
 38.3      (1) if the crime that was the subject of the witness 
 38.4   tampering conduct is ranked at severity level VII or higher by 
 38.5   the sentencing guidelines or is punishable by a mandatory prison 
 38.6   sentence, to imprisonment for not more than 20 years or to 
 38.7   payment of a fine of not more than $30,000, or both; 
 38.8      (2) otherwise, to imprisonment for not more than ten years 
 38.9   or to payment of a fine of not more than $20,000, or both. 
 38.10     Sec. 17.  Minnesota Statutes 1996, section 609.498, is 
 38.11  amended by adding a subdivision to read: 
 38.12     Subd. 4.  [NO BAR TO CONVICTION.] Notwithstanding sections 
 38.13  609.035 or 609.04, a prosecution for or conviction of the crime 
 38.14  of aggravated first-degree witness tampering is not a bar to 
 38.15  conviction of or punishment for any other crime. 
 38.16     Sec. 18.  Minnesota Statutes 1996, section 609.52, 
 38.17  subdivision 2, is amended to read: 
 38.18     Subd. 2.  [ACTS CONSTITUTING THEFT.] (a) Whoever does any 
 38.19  of the following commits theft and may be sentenced as provided 
 38.20  in subdivision 3: 
 38.21     (1) intentionally and without claim of right takes, uses, 
 38.22  transfers, conceals or retains possession of movable property of 
 38.23  another without the other's consent and with intent to deprive 
 38.24  the owner permanently of possession of the property; or 
 38.25     (2) having a legal interest in movable property, 
 38.26  intentionally and without consent, takes the property out of the 
 38.27  possession of a pledgee or other person having a superior right 
 38.28  of possession, with intent thereby to deprive the pledgee or 
 38.29  other person permanently of the possession of the property; or 
 38.30     (3) obtains for the actor or another the possession, 
 38.31  custody, or title to property of or performance of services by a 
 38.32  third person by intentionally deceiving the third person with a 
 38.33  false representation which is known to be false, made with 
 38.34  intent to defraud, and which does defraud the person to whom it 
 38.35  is made.  "False representation" includes without limitation: 
 38.36     (a) (i) the issuance of a check, draft, or order for the 
 39.1   payment of money, except a forged check as defined in section 
 39.2   609.631, or the delivery of property knowing that the actor is 
 39.3   not entitled to draw upon the drawee therefor or to order the 
 39.4   payment or delivery thereof; or 
 39.5      (b) (ii) a promise made with intent not to perform.  
 39.6   Failure to perform is not evidence of intent not to perform 
 39.7   unless corroborated by other substantial evidence; or 
 39.8      (c) (iii) the preparation or filing of a claim for 
 39.9   reimbursement, a rate application, or a cost report used to 
 39.10  establish a rate or claim for payment for medical care provided 
 39.11  to a recipient of medical assistance under chapter 256B, which 
 39.12  intentionally and falsely states the costs of or actual services 
 39.13  provided by a vendor of medical care; or 
 39.14     (d) (iv) the preparation or filing of a claim for 
 39.15  reimbursement for providing treatment or supplies required to be 
 39.16  furnished to an employee under section 176.135 which 
 39.17  intentionally and falsely states the costs of or actual 
 39.18  treatment or supplies provided; or 
 39.19     (e) (v) the preparation or filing of a claim for 
 39.20  reimbursement for providing treatment or supplies required to be 
 39.21  furnished to an employee under section 176.135 for treatment or 
 39.22  supplies that the provider knew were medically unnecessary, 
 39.23  inappropriate, or excessive; or 
 39.24     (4) by swindling, whether by artifice, trick, device, or 
 39.25  any other means, obtains property or services from another 
 39.26  person; or 
 39.27     (5) intentionally commits any of the acts listed in this 
 39.28  subdivision but with intent to exercise temporary control only 
 39.29  and: 
 39.30     (a) (i) the control exercised manifests an indifference to 
 39.31  the rights of the owner or the restoration of the property to 
 39.32  the owner; or 
 39.33     (b) (ii) the actor pledges or otherwise attempts to subject 
 39.34  the property to an adverse claim; or 
 39.35     (c) (iii) the actor intends to restore the property only on 
 39.36  condition that the owner pay a reward or buy back or make other 
 40.1   compensation; or 
 40.2      (6) finds lost property and, knowing or having reasonable 
 40.3   means of ascertaining the true owner, appropriates it to the 
 40.4   finder's own use or to that of another not entitled thereto 
 40.5   without first having made reasonable effort to find the owner 
 40.6   and offer and surrender the property to the owner; or 
 40.7      (7) intentionally obtains property or services, offered 
 40.8   upon the deposit of a sum of money or tokens in a coin or token 
 40.9   operated machine or other receptacle, without making the 
 40.10  required deposit or otherwise obtaining the consent of the 
 40.11  owner; or 
 40.12     (8) intentionally and without claim of right converts any 
 40.13  article representing a trade secret, knowing it to be such, to 
 40.14  the actor's own use or that of another person or makes a copy of 
 40.15  an article representing a trade secret, knowing it to be such, 
 40.16  and intentionally and without claim of right converts the same 
 40.17  to the actor's own use or that of another person.  It shall be a 
 40.18  complete defense to any prosecution under this clause for the 
 40.19  defendant to show that information comprising the trade secret 
 40.20  was rightfully known or available to the defendant from a source 
 40.21  other than the owner of the trade secret; or 
 40.22     (9) leases or rents personal property under a written 
 40.23  instrument and who with intent to place the property beyond the 
 40.24  control of the lessor conceals or aids or abets the concealment 
 40.25  of the property or any part thereof, or any lessee of the 
 40.26  property who sells, conveys, or encumbers the property or any 
 40.27  part thereof without the written consent of the lessor, without 
 40.28  informing the person to whom the lessee sells, conveys, or 
 40.29  encumbers that the same is subject to such lease and with intent 
 40.30  to deprive the lessor of possession thereof.  Evidence that a 
 40.31  lessee used a false or fictitious name or address in obtaining 
 40.32  the property or fails or refuses to return the property to 
 40.33  lessor within five days after written demand for the return has 
 40.34  been served personally in the manner provided for service of 
 40.35  process of a civil action or sent by certified mail to the last 
 40.36  known address of the lessee, whichever shall occur later, shall 
 41.1   be evidence of intent to violate this clause.  Service by 
 41.2   certified mail shall be deemed to be complete upon deposit in 
 41.3   the United States mail of such demand, postpaid and addressed to 
 41.4   the person at the address for the person set forth in the lease 
 41.5   or rental agreement, or, in the absence of the address, to the 
 41.6   person's last known place of residence; or 
 41.7      (10) alters, removes, or obliterates numbers or symbols 
 41.8   placed on movable property for purpose of identification by the 
 41.9   owner or person who has legal custody or right to possession 
 41.10  thereof with the intent to prevent identification, if the person 
 41.11  who alters, removes, or obliterates the numbers or symbols is 
 41.12  not the owner and does not have the permission of the owner to 
 41.13  make the alteration, removal, or obliteration; or 
 41.14     (11) with the intent to prevent the identification of 
 41.15  property involved, so as to deprive the rightful owner of 
 41.16  possession thereof, alters or removes any permanent serial 
 41.17  number, permanent distinguishing number or manufacturer's 
 41.18  identification number on personal property or possesses, sells 
 41.19  or buys any personal property knowing or having reason to know 
 41.20  that the permanent serial number, permanent distinguishing 
 41.21  number or manufacturer's identification number has been removed 
 41.22  or altered; or 
 41.23     (12) intentionally deprives another of a lawful charge for 
 41.24  cable television service by: 
 41.25     (i) making or using or attempting to make or use an 
 41.26  unauthorized external connection outside the individual dwelling 
 41.27  unit whether physical, electrical, acoustical, inductive, or 
 41.28  other connection, or by 
 41.29     (ii) attaching any unauthorized device to any cable, wire, 
 41.30  microwave, or other component of a licensed cable communications 
 41.31  system as defined in chapter 238.  Nothing herein shall be 
 41.32  construed to prohibit the electronic video rerecording of 
 41.33  program material transmitted on the cable communications system 
 41.34  by a subscriber for fair use as defined by Public Law Number 
 41.35  94-553, section 107; or 
 41.36     (13) except as provided in paragraphs (12) and (14), 
 42.1   obtains the services of another with the intention of receiving 
 42.2   those services without making the agreed or reasonably expected 
 42.3   payment of money or other consideration; or 
 42.4      (14) intentionally deprives another of a lawful charge for 
 42.5   telecommunications service by:  
 42.6      (i) making, using, or attempting to make or use an 
 42.7   unauthorized connection whether physical, electrical, by wire, 
 42.8   microwave, radio, or other means to a component of a local 
 42.9   telecommunication system as provided in chapter 237; or 
 42.10     (ii) attaching an unauthorized device to a cable, wire, 
 42.11  microwave, radio, or other component of a local 
 42.12  telecommunication system as provided in chapter 237.  
 42.13     The existence of an unauthorized connection is prima facie 
 42.14  evidence that the occupier of the premises:  
 42.15     (i) made or was aware of the connection; and 
 42.16     (ii) was aware that the connection was unauthorized; or 
 42.17     (15) with intent to defraud, diverts corporate property 
 42.18  other than in accordance with general business purposes or for 
 42.19  purposes other than those specified in the corporation's 
 42.20  articles of incorporation; or 
 42.21     (16) with intent to defraud, authorizes or causes a 
 42.22  corporation to make a distribution in violation of section 
 42.23  302A.551, or any other state law in conformity with it; or 
 42.24     (17) intentionally takes or drives a motor vehicle without 
 42.25  the consent of the owner or an authorized agent of the 
 42.26  owner which the actor does not own or did not lease or rent. 
 42.27     (b) It is an affirmative defense to a violation of 
 42.28  paragraph (a), clause (17), if the defendant proves by a 
 42.29  preponderance of the evidence that the defendant took or drove 
 42.30  the motor vehicle with the consent of the owner or an authorized 
 42.31  agent of the owner. 
 42.32     Sec. 19.  Minnesota Statutes 1996, section 609.749, 
 42.33  subdivision 1, is amended to read: 
 42.34     Subdivision 1.  [DEFINITION.] As used in this section, 
 42.35  "harass" means to engage in intentional conduct in a manner that 
 42.36  which:  
 43.1      (1) the actor knows or should know would cause a reasonable 
 43.2   person the victim under the circumstances to feel frightened, 
 43.3   threatened, oppressed, persecuted, or intimidated; and 
 43.4      (2) causes this reaction on the part of the victim. 
 43.5      Sec. 20.  Minnesota Statutes 1996, section 609.749, is 
 43.6   amended by adding a subdivision to read: 
 43.7      Subd. 1a.  [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a 
 43.8   prosecution under this section, the state is not required to 
 43.9   prove that the actor intended to cause the victim to feel 
 43.10  frightened, threatened, oppressed, persecuted, or intimidated, 
 43.11  or except as otherwise provided in subdivision 3, clause (4), 
 43.12  that the actor intended to cause any other result. 
 43.13     Sec. 21.  Minnesota Statutes 1996, section 609.749, 
 43.14  subdivision 2, is amended to read: 
 43.15     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 43.16  who harasses another by committing any of the following acts is 
 43.17  guilty of a gross misdemeanor: 
 43.18     (1) directly or indirectly manifests a purpose or intent to 
 43.19  injure the person, property, or rights of another by the 
 43.20  commission of an unlawful act; 
 43.21     (2) stalks, follows, or pursues another; 
 43.22     (3) returns to the property of another if the actor is 
 43.23  without claim of right to the property or consent of one with 
 43.24  authority to consent; 
 43.25     (4) repeatedly makes telephone calls, or induces a victim 
 43.26  to make telephone calls to the actor, whether or not 
 43.27  conversation ensues; 
 43.28     (5) makes or causes the telephone of another repeatedly or 
 43.29  continuously to ring; 
 43.30     (6) repeatedly uses the mail mails or delivers or causes 
 43.31  the delivery of letters, telegrams, messages, packages, or other 
 43.32  objects; or 
 43.33     (7) engages in any other harassing conduct that interferes 
 43.34  with another person or intrudes on the person's privacy or 
 43.35  liberty. 
 43.36     (b) The conduct described in paragraph (a), clauses (4) and 
 44.1   (5) may be prosecuted either at the place where the any call is 
 44.2   either made or where it is received.  The conduct described 
 44.3   in paragraph (a), clause (6) may be prosecuted either where the 
 44.4   mail is deposited or where it is any letter, telegram, message, 
 44.5   package, or other object is either sent or received. 
 44.6      Sec. 22.  Minnesota Statutes 1996, section 609.749, 
 44.7   subdivision 5, is amended to read: 
 44.8      Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 44.9   engages in a pattern of harassing conduct with respect to a 
 44.10  single victim or one or more members of a single household in a 
 44.11  manner that which the actor knows or should know would cause a 
 44.12  reasonable person the victim under the circumstances to feel 
 44.13  terrorized or to fear bodily harm and that which does cause this 
 44.14  reaction on the part of the victim, is guilty of a felony and 
 44.15  may be sentenced to imprisonment for not more than ten years or 
 44.16  to payment of a fine of not more than $20,000, or both. 
 44.17     (b) For purposes of this subdivision, a "pattern of 
 44.18  harassing conduct" means two or more acts within a five-year 
 44.19  period that violate the provisions of any of the following: 
 44.20     (1) this section; 
 44.21     (2) section 609.713; 
 44.22     (3) section 609.224; 
 44.23     (4) section 609.2242; 
 44.24     (5) section 518B.01, subdivision 14; 
 44.25     (6) section 609.748, subdivision 6; 
 44.26     (7) section 609.605, subdivision 1, paragraph (b), clauses 
 44.27  (3), (4), and (7); 
 44.28     (8) section 609.79; 
 44.29     (9) section 609.795; 
 44.30     (10) section 609.582; or 
 44.31     (11) section 609.595; or 
 44.32     (12) section 609.765.  
 44.33     Sec. 23.  Minnesota Statutes 1996, section 609.78, is 
 44.34  amended to read: 
 44.35     609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.] 
 44.36     Subdivision 1.  [MISDEMEANOR OFFENSES.] Whoever does the 
 45.1   following is guilty of a misdemeanor: 
 45.2      (1) Refuses to relinquish immediately a coin-operated 
 45.3   telephone or a telephone line consisting of two or more stations 
 45.4   when informed that the line is needed to make an emergency call 
 45.5   for medical or ambulance service or for assistance from a police 
 45.6   or fire department or for other service needed in an emergency 
 45.7   to avoid serious harm to person or property, and an emergency 
 45.8   exists; 
 45.9      (2) Secures a relinquishment of a coin-operated telephone 
 45.10  or a telephone line consisting of two or more stations by 
 45.11  falsely stating that the line is needed for an emergency; 
 45.12     (3) Publishes telephone directories to be used for 
 45.13  telephones or telephone lines and the directories do not contain 
 45.14  a copy of this section; 
 45.15     (4) Makes an emergency call for medical or ambulance 
 45.16  service, knowing that no medical emergency exists; or 
 45.17     (5) Interrupts, disrupts, impedes, or otherwise interferes 
 45.18  with the transmission of a citizen's band radio channel 
 45.19  communication the purpose of which is to inform or inquire about 
 45.20  a medical emergency or an emergency in which property is or is 
 45.21  reasonably believed to be in imminent danger of damage or 
 45.22  destruction. 
 45.23     Subd. 2.  [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR 
 45.24  OFFENSE.] A person who intentionally interrupts, disrupts, 
 45.25  impedes, or otherwise interferes with a 911 call or who prevents 
 45.26  or hinders another from placing a 911 call, and whose conduct 
 45.27  does not result in a violation of section 609.498, is guilty of 
 45.28  a gross misdemeanor and may be sentenced to imprisonment for not 
 45.29  more than one year or to payment of a fine of not more than 
 45.30  $3,000, or both. 
 45.31     Sec. 24.  Minnesota Statutes 1996, section 631.07, is 
 45.32  amended to read: 
 45.33     631.07 [ORDER OF FINAL ARGUMENT.] 
 45.34     When the giving of evidence is concluded in a criminal 
 45.35  trial, unless the case is submitted on both sides without 
 45.36  argument, the prosecution may make a closing argument to the 
 46.1   jury.  The defense may then make its closing argument to the 
 46.2   jury.  On the motion of the prosecution, the court may permit 
 46.3   the prosecution to reply in rebuttal if the court determines 
 46.4   that the defense has made in its closing argument a misstatement 
 46.5   of law or fact or a statement that is inflammatory or 
 46.6   prejudicial.  The rebuttal must be limited to a direct response 
 46.7   to the misstatement of law or fact or the inflammatory or 
 46.8   prejudicial statement.  The prosecutor may then reply in 
 46.9   rebuttal to the issues raised in the defendant's argument, 
 46.10  limited in time to five minutes.  If the prosecutor replies in 
 46.11  rebuttal, the defense may then reply in surrebuttal to the 
 46.12  issues raised in the prosecution's rebuttal, limited in time to 
 46.13  five minutes.  The court in its discretion may reasonably 
 46.14  equally extend the time of the prosecutor's or the defense's 
 46.15  rebuttal arguments. 
 46.16     Sec. 25.  [RULE SUPERSEDED.] 
 46.17     Minnesota Rules of Criminal Procedure, rule 26.03, 
 46.18  subdivision 11, is superseded to the extent it conflicts with 
 46.19  Minnesota Statutes, section 631.07. 
 46.20     Sec. 26.  [SENTENCING GUIDELINES MODIFICATION.] 
 46.21     The sentencing guidelines commission shall modify 
 46.22  sentencing guideline II.F. to permit courts to impose 
 46.23  consecutive sentences in any case in which: 
 46.24     (1) the defendant is sentenced for multiple current felony 
 46.25  offenses and the court stays imposition or execution of sentence 
 46.26  for all but one of the offenses; or 
 46.27     (2) the defendant, at the time of sentencing, is subject to 
 46.28  a prior felony sentence, the imposition or execution of which 
 46.29  was stayed. 
 46.30     A consecutive sentence imposed under this section is not a 
 46.31  departure from the sentencing guidelines.  
 46.32     Sec. 27.  [SENTENCING GUIDELINES DIRECTIVE.] 
 46.33     The sentencing guidelines commission shall rank aggravated 
 46.34  first-degree witness tampering crimes that are subject to the 
 46.35  sentence provided in Minnesota Statutes, section 609.498, 
 46.36  subdivision 1b, paragraph (b), clause (1), at severity level 
 47.1   VIII.  The commission also shall classify this crime as a crime 
 47.2   against the person for purposes of the sentencing guidelines. 
 47.3      Sec. 28.  [COST OF CRIME STUDY.] 
 47.4      The legislative audit commission is requested to direct the 
 47.5   legislative auditor to conduct a study of the costs that 
 47.6   criminal activity places on the state and local communities.  
 47.7   The study shall include not only the direct costs to state and 
 47.8   local governments of responding to, prosecuting, and punishing 
 47.9   criminal offenders, but also the indirect economic and social 
 47.10  costs that criminal activity places on local communities and 
 47.11  their residents. 
 47.12     If the commission directs the auditor to conduct this 
 47.13  study, the auditor shall report findings to the chairs of the 
 47.14  senate crime prevention and house judiciary committees by 
 47.15  February 15, 1998. 
 47.16     Sec. 29.  [EFFECTIVE DATE.] 
 47.17     Section 2 is effective the day after final enactment.  
 47.18  Sections 19 to 22 are effective the day following final 
 47.19  enactment and apply to crimes committed on or after that date.  
 47.20  Sections 1, 3 to 5, 8 to 18, 23, and 27 are effective August 1, 
 47.21  1997, and apply to crimes committed on or after that date. 
 47.22                             ARTICLE 4 
 47.23                       CONTROLLED SUBSTANCES
 47.24     Section 1.  Minnesota Statutes 1996, section 151.40, is 
 47.25  amended to read: 
 47.26     151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND 
 47.27  NEEDLES.] 
 47.28     Subdivision 1.  [GENERALLY.] Except as otherwise provided 
 47.29  in subdivision 2, it shall be is unlawful for any person to 
 47.30  possess, control, manufacture, sell, furnish, dispense, or 
 47.31  otherwise dispose of hypodermic syringes or needles or any 
 47.32  instrument or implement which can be adapted for subcutaneous 
 47.33  injections, except by the following persons when acting in the 
 47.34  course of their practice or employment: licensed practitioners, 
 47.35  registered pharmacies and their employees or agents, licensed 
 47.36  pharmacists, licensed doctors of veterinary medicine or their 
 48.1   assistants, registered nurses, registered medical technologists, 
 48.2   medical interns, licensed drug wholesalers, their employees or 
 48.3   agents, licensed hospitals, licensed nursing homes, bona fide 
 48.4   hospitals where animals are treated, licensed morticians, 
 48.5   syringe and needle manufacturers, their dealers and agents, 
 48.6   persons engaged in animal husbandry, clinical laboratories, 
 48.7   persons engaged in bona fide research or education or industrial 
 48.8   use of hypodermic syringes and needles provided such persons 
 48.9   cannot use hypodermic syringes and needles for the 
 48.10  administration of drugs to human beings unless such drugs are 
 48.11  prescribed, dispensed, and administered by a person lawfully 
 48.12  authorized to do so, persons who administer drugs pursuant to an 
 48.13  order or direction of a licensed doctor of medicine or of a 
 48.14  licensed doctor of osteopathy duly licensed to practice medicine.
 48.15     Subd. 2.  [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND 
 48.16  SYRINGES.] (a) A registered pharmacy or its agent or a licensed 
 48.17  pharmacist may sell, without a prescription, unused hypodermic 
 48.18  needles and syringes in quantities of ten or fewer, provided 
 48.19  that the pharmacy or pharmacist complies with all of the 
 48.20  requirements of this subdivision. 
 48.21     (b) At any location where hypodermic needles and syringes 
 48.22  are kept for retail sale under this subdivision, the needles and 
 48.23  syringes shall be stored in a manner that makes them available 
 48.24  only to authorized personnel and not openly available to 
 48.25  customers. 
 48.26     (c) No registered pharmacy or licensed pharmacist may 
 48.27  advertise to the public the availability for retail sale, 
 48.28  without a prescription, of hypodermic needles or syringes in 
 48.29  quantities of ten or fewer. 
 48.30     (d) A registered pharmacy or licensed pharmacist that sells 
 48.31  hypodermic needles or syringes under this section may give the 
 48.32  purchaser the materials developed by the commissioner of health. 
 48.33     Sec. 2.  Minnesota Statutes 1996, section 152.01, 
 48.34  subdivision 18, is amended to read: 
 48.35     Subd. 18.  [DRUG PARAPHERNALIA.] (a) Except as otherwise 
 48.36  provided in paragraph (b), "drug paraphernalia" means all 
 49.1   equipment, products, and materials of any kind, except those 
 49.2   items used in conjunction with permitted uses of controlled 
 49.3   substances under this chapter or the Uniform Controlled 
 49.4   Substances Act, which are knowingly or intentionally used 
 49.5   primarily in (1) manufacturing a controlled substance, (2) 
 49.6   injecting, ingesting, inhaling, or otherwise introducing into 
 49.7   the human body a controlled substance, (3) testing the strength, 
 49.8   effectiveness, or purity of a controlled substance, or (4) 
 49.9   enhancing the effect of a controlled substance.  
 49.10     (b) "Drug paraphernalia" does not include the possession, 
 49.11  manufacture, delivery, or sale of unused hypodermic needles or 
 49.12  syringes in quantities of ten or fewer in accordance with 
 49.13  section 151.40, subdivision 2. 
 49.14     Sec. 3.  Minnesota Statutes 1996, section 152.01, is 
 49.15  amended by adding a subdivision to read: 
 49.16     Subd. 22.  [DRUG TREATMENT FACILITY ZONE.] "Drug treatment 
 49.17  facility zone" means any facility in which a residential 
 49.18  rehabilitation program licensed under Minnesota Rules, parts 
 49.19  9530.4100 to 9530.4450, is located, plus the area within 300 
 49.20  feet of the facility's property boundary or one city block, 
 49.21  whichever distance is greater. 
 49.22     Sec. 4.  Minnesota Statutes 1996, section 152.02, 
 49.23  subdivision 2, is amended to read: 
 49.24     Subd. 2.  The following items are listed in Schedule I: 
 49.25     (1) Any of the following substances, including their 
 49.26  isomers, esters, ethers, salts, and salts of isomers, esters, 
 49.27  and ethers, unless specifically excepted, whenever the existence 
 49.28  of such isomers, esters, ethers and salts is possible within the 
 49.29  specific chemical designation: Acetylmethadol; Allylprodine; 
 49.30  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
 49.31  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
 49.32  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
 49.33  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
 49.34  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
 49.35  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
 49.36  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
 50.1   Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
 50.2   Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
 50.3   Piritramide; Proheptazine; Properidine; Racemoramide; 
 50.4   Trimeperidine.  
 50.5      (2) Any of the following opium derivatives, their salts, 
 50.6   isomers and salts of isomers, unless specifically excepted, 
 50.7   whenever the existence of such salts, isomers and salts of 
 50.8   isomers is possible within the specific chemical designation:  
 50.9   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
 50.10  Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
 50.11  Desomorphine; Dihydromorphine; Etorphine; Heroin; 
 50.12  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
 50.13  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
 50.14  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
 50.15  Thebacon.  
 50.16     (3) Any material, compound, mixture or preparation which 
 50.17  contains any quantity of the following hallucinogenic 
 50.18  substances, their salts, isomers and salts of isomers, unless 
 50.19  specifically excepted, whenever the existence of such salts, 
 50.20  isomers, and salts of isomers is possible within the specific 
 50.21  chemical designation: 3,4-methylenedioxy amphetamine; 
 50.22  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
 50.23  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
 50.24  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
 50.25  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
 50.26  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
 50.27  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
 50.28  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
 50.29  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
 50.30  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
 50.31  pyrrolidine.  
 50.32     (4) Peyote, providing the listing of peyote as a controlled 
 50.33  substance in schedule I does not apply to the nondrug use of 
 50.34  peyote in bona fide religious ceremonies of the American Indian 
 50.35  Church, and members of the American Indian Church are exempt 
 50.36  from registration.  Any person who manufactures peyote for or 
 51.1   distributes peyote to the American Indian Church, however, is 
 51.2   required to obtain federal registration annually and to comply 
 51.3   with all other requirements of law.  
 51.4      (5) Unless specifically excepted or unless listed in 
 51.5   another schedule, any material compound, mixture, or preparation 
 51.6   which contains any quantity of the following substances having a 
 51.7   depressant effect on the central nervous system, including its 
 51.8   salts, isomers, and salts of isomers whenever the existence of 
 51.9   such salts, isomers, and salts of isomers is possible within the 
 51.10  specific chemical designation:  
 51.11     Mecloqualone; 
 51.12     Flunitrazepam. 
 51.13     (6) Unless specifically excepted or unless listed in 
 51.14  another schedule, any material compound, mixture, or preparation 
 51.15  which contains any quantity of the following substances having a 
 51.16  stimulant effect on the central nervous system, including its 
 51.17  salts, isomers, and salts of isomers whenever the existence of 
 51.18  such salts, isomers, and salts of isomers is possible within the 
 51.19  specific chemical designation: 
 51.20  Cathinone; 
 51.21  Methcathinone. 
 51.22     Sec. 5.  Minnesota Statutes 1996, section 152.02, 
 51.23  subdivision 5, is amended to read: 
 51.24     Subd. 5.  (a) The following items are listed in Schedule IV:
 51.25  Anabolic substances; Barbital; Butorphanol; Carisoprodol; 
 51.26  Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 
 51.27  Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; 
 51.28  Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; 
 51.29  Meprobamate except when in combination with the following drugs 
 51.30  in the following or lower concentrations:  conjugated estrogens, 
 51.31  0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol 
 51.32  tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; 
 51.33  Pemoline; Petrichloral; Phenobarbital; and Phentermine; and 
 51.34  Tramadol.  
 51.35     (b) For purposes of this subdivision, "anabolic substances" 
 51.36  means the naturally occurring androgens or derivatives of 
 52.1   androstane (androsterone and testosterone); testosterone and its 
 52.2   esters, including, but not limited to, testosterone propionate, 
 52.3   and its derivatives, including, but not limited to, 
 52.4   methyltestosterone and growth hormones, except that anabolic 
 52.5   substances are not included if they are:  (1) expressly intended 
 52.6   for administration through implants to cattle or other nonhuman 
 52.7   species; and (2) approved by the United States Food and Drug 
 52.8   Administration for that use. 
 52.9      Sec. 6.  Minnesota Statutes 1996, section 152.021, 
 52.10  subdivision 1, is amended to read: 
 52.11     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 52.12  controlled substance crime in the first degree if: 
 52.13     (1) on one or more occasions within a 90-day period the 
 52.14  person unlawfully sells one or more mixtures of a total weight 
 52.15  of ten grams or more containing cocaine or heroin; 
 52.16     (2) on one or more occasions within a 90-day period the 
 52.17  person unlawfully sells one or more mixtures of a total weight 
 52.18  of 50 grams or more containing a narcotic drug other than 
 52.19  cocaine or heroin; 
 52.20     (3) on one or more occasions within a 90-day period the 
 52.21  person unlawfully sells one or more mixtures of a total weight 
 52.22  of 50 grams or more containing methamphetamine, amphetamine, 
 52.23  phencyclidine, or hallucinogen or, if the controlled substance 
 52.24  is packaged in dosage units, equaling 200 or more dosage units; 
 52.25  or 
 52.26     (4) on one or more occasions within a 90-day period the 
 52.27  person unlawfully sells one or more mixtures of a total weight 
 52.28  of 50 kilograms or more containing marijuana or 
 52.29  Tetrahydrocannabinols, or one or more mixtures of a total weight 
 52.30  of 25 kilograms or more containing marijuana or 
 52.31  Tetrahydrocannabinols in a school zone, a park zone, a drug 
 52.32  treatment facility zone, or a public housing zone. 
 52.33     Sec. 7.  Minnesota Statutes 1996, section 152.021, 
 52.34  subdivision 2, is amended to read: 
 52.35     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
 52.36  controlled substance crime in the first degree if: 
 53.1      (1) the person unlawfully possesses one or more mixtures of 
 53.2   a total weight of 25 grams or more containing cocaine or heroin; 
 53.3      (2) the person unlawfully possesses one or more mixtures of 
 53.4   a total weight of 500 grams or more containing a narcotic drug 
 53.5   other than cocaine or heroin; 
 53.6      (3) the person unlawfully possesses one or more mixtures of 
 53.7   a total weight of 500 grams or more containing methamphetamine, 
 53.8   amphetamine, phencyclidine, or hallucinogen or, if the 
 53.9   controlled substance is packaged in dosage units, equaling 500 
 53.10  or more dosage units; or 
 53.11     (4) the person unlawfully possesses one or more mixtures of 
 53.12  a total weight of 100 kilograms or more containing marijuana or 
 53.13  Tetrahydrocannabinols. 
 53.14     Sec. 8.  Minnesota Statutes 1996, section 152.021, 
 53.15  subdivision 3, is amended to read: 
 53.16     Subd. 3.  [PENALTY.] (a) A person convicted under 
 53.17  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 53.18  than 30 years or to payment of a fine of not more than 
 53.19  $1,000,000, or both. 
 53.20     (b) If the conviction is a subsequent controlled substance 
 53.21  conviction, a person convicted under subdivision 1 or 2 shall be 
 53.22  committed to the commissioner of corrections for not less than 
 53.23  four years nor more than 40 years and, in addition, may be 
 53.24  sentenced to payment of a fine of not more than $1,000,000.  
 53.25     (c) In a prosecution under subdivision 1 or 2 involving 
 53.26  sales or acts of possession by the same person in two one or 
 53.27  more counties within a 90-day 180-day period, the amounts sold 
 53.28  or possessed may be aggregated and the person may be prosecuted 
 53.29  for all of the sales in any county in which one of the sales or 
 53.30  acts of possession occurred. 
 53.31     Sec. 9.  Minnesota Statutes 1996, section 152.022, 
 53.32  subdivision 1, is amended to read: 
 53.33     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 53.34  controlled substance crime in the second degree if: 
 53.35     (1) on one or more occasions within a 90-day period the 
 53.36  person unlawfully sells one or more mixtures of a total weight 
 54.1   of three grams or more containing cocaine or heroin; 
 54.2      (2) on one or more occasions within a 90-day period the 
 54.3   person unlawfully sells one or more mixtures of a total weight 
 54.4   of ten grams or more containing a narcotic drug other than 
 54.5   cocaine or heroin; 
 54.6      (3) on one or more occasions within a 90-day period the 
 54.7   person unlawfully sells one or more mixtures of a total weight 
 54.8   of ten grams or more containing methamphetamine, amphetamine, 
 54.9   phencyclidine, or hallucinogen or, if the controlled substance 
 54.10  is packaged in dosage units, equaling 50 or more dosage units; 
 54.11     (4) on one or more occasions within a 90-day period the 
 54.12  person unlawfully sells one or more mixtures of a total weight 
 54.13  of 25 kilograms or more containing marijuana or 
 54.14  Tetrahydrocannabinols; 
 54.15     (5) the person unlawfully sells any amount of a schedule I 
 54.16  or II narcotic drug to a person under the age of 18, or 
 54.17  conspires with or employs a person under the age of 18 to 
 54.18  unlawfully sell the substance; or 
 54.19     (6) the person unlawfully sells any of the following in a 
 54.20  school zone, a park zone, a drug treatment facility zone, or a 
 54.21  public housing zone: 
 54.22     (i) any amount of a schedule I or II narcotic drug, or 
 54.23  lysergic acid diethylamide (LSD); 
 54.24     (ii) one or more mixtures containing methamphetamine or 
 54.25  amphetamine; or 
 54.26     (iii) one or more mixtures of a total weight of five 
 54.27  kilograms or more containing marijuana or Tetrahydrocannabinols. 
 54.28     Sec. 10.  Minnesota Statutes 1996, section 152.022, 
 54.29  subdivision 2, is amended to read: 
 54.30     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 54.31  controlled substance crime in the second degree if: 
 54.32     (1) the person unlawfully possesses one or more mixtures of 
 54.33  a total weight of six grams or more containing cocaine or 
 54.34  heroin; 
 54.35     (2) the person unlawfully possesses one or more mixtures of 
 54.36  a total weight of 50 grams or more containing a narcotic drug 
 55.1   other than cocaine or heroin; 
 55.2      (3) the person unlawfully possesses one or more mixtures of 
 55.3   a total weight of 50 grams or more containing methamphetamine, 
 55.4   amphetamine, phencyclidine, or hallucinogen or, if the 
 55.5   controlled substance is packaged in dosage units, equaling 100 
 55.6   or more dosage units; or 
 55.7      (4) the person unlawfully possesses one or more mixtures of 
 55.8   a total weight of 50 kilograms or more containing marijuana or 
 55.9   Tetrahydrocannabinols. 
 55.10     Sec. 11.  Minnesota Statutes 1996, section 152.022, 
 55.11  subdivision 3, is amended to read: 
 55.12     Subd. 3.  [PENALTY.] (a) A person convicted under 
 55.13  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 55.14  than 25 years or to payment of a fine of not more than $500,000, 
 55.15  or both. 
 55.16     (b) If the conviction is a subsequent controlled substance 
 55.17  conviction, a person convicted under subdivision 1 or 2 shall be 
 55.18  committed to the commissioner of corrections for not less than 
 55.19  three years nor more than 40 years and, in addition, may be 
 55.20  sentenced to payment of a fine of not more than $500,000.  
 55.21     (c) In a prosecution under subdivision 1 or 2 involving 
 55.22  sales or acts of possession by the same person in two one or 
 55.23  more counties within a 90-day 180-day period, the amounts sold 
 55.24  or possessed may be aggregated and the person may be prosecuted 
 55.25  for all of the sales in any county in which one of the sales or 
 55.26  acts of possession occurred. 
 55.27     Sec. 12.  Minnesota Statutes 1996, section 152.023, 
 55.28  subdivision 2, is amended to read: 
 55.29     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 55.30  controlled substance crime in the third degree if: 
 55.31     (1) the person unlawfully possesses one or more mixtures of 
 55.32  a total weight of three grams or more containing cocaine or 
 55.33  heroin; 
 55.34     (2) the person unlawfully possesses one or more mixtures of 
 55.35  a total weight of ten grams or more containing a narcotic drug 
 55.36  other than cocaine or heroin; 
 56.1      (3) the person unlawfully possesses one or more mixtures 
 56.2   containing a narcotic drug, it is packaged in dosage units, and 
 56.3   equals 50 or more dosage units; 
 56.4      (4) the person unlawfully possesses any amount of a 
 56.5   schedule I or II narcotic drug or five or more dosage units of 
 56.6   lysergic acid diethylamide (LSD) in a school zone, a park 
 56.7   zone, a drug treatment facility zone, or a public housing zone; 
 56.8      (5) the person unlawfully possesses one or more mixtures of 
 56.9   a total weight of ten kilograms or more containing marijuana or 
 56.10  Tetrahydrocannabinols; or 
 56.11     (6) the person unlawfully possesses one or more mixtures 
 56.12  containing methamphetamine or amphetamine in a school zone, a 
 56.13  park zone, or a public housing zone. 
 56.14     Sec. 13.  Minnesota Statutes 1996, section 152.023, 
 56.15  subdivision 3, is amended to read: 
 56.16     Subd. 3.  [PENALTY.] (a) A person convicted under 
 56.17  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 56.18  than 20 years or to payment of a fine of not more than $250,000, 
 56.19  or both. 
 56.20     (b) If the conviction is a subsequent controlled substance 
 56.21  conviction, a person convicted under subdivision 1 or 2 shall be 
 56.22  committed to the commissioner of corrections for not less than 
 56.23  two years nor more than 30 years and, in addition, may be 
 56.24  sentenced to payment of a fine of not more than $250,000.  
 56.25     (c) In a prosecution under subdivision 1 or 2 involving 
 56.26  sales or acts of possession by the same person in one or more 
 56.27  counties within a 180-day period, the amounts sold or possessed 
 56.28  may be aggregated and the person may be prosecuted in any county 
 56.29  in which one of the sales or acts of possession occurred. 
 56.30     Sec. 14.  Minnesota Statutes 1996, section 152.024, 
 56.31  subdivision 1, is amended to read: 
 56.32     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 56.33  controlled substance crime in the fourth degree if: 
 56.34     (1) the person unlawfully sells one or more mixtures 
 56.35  containing a controlled substance classified in schedule I, II, 
 56.36  or III, except marijuana or Tetrahydrocannabinols; 
 57.1      (2) the person unlawfully sells one or more mixtures 
 57.2   containing a controlled substance classified in schedule IV or V 
 57.3   to a person under the age of 18; 
 57.4      (3) the person conspires with or employs a person under the 
 57.5   age of 18 to unlawfully sell a controlled substance classified 
 57.6   in schedule IV or V; or 
 57.7      (4) the person unlawfully sells any amount of marijuana or 
 57.8   Tetrahydrocannabinols in a school zone, a park zone, a drug 
 57.9   treatment facility zone, or a public housing zone, except a 
 57.10  small amount for no remuneration. 
 57.11     Sec. 15.  Minnesota Statutes 1996, section 152.029, is 
 57.12  amended to read: 
 57.13     152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, PARK ZONES, 
 57.14  DRUG TREATMENT FACILITY ZONES, AND PUBLIC HOUSING ZONES.] 
 57.15     The attorney general shall disseminate information to the 
 57.16  public relating to the penalties for committing controlled 
 57.17  substance crimes in park zones, school zones, drug treatment 
 57.18  facility zones, and public housing zones.  The attorney general 
 57.19  shall draft a plain language version of sections 152.022 and 
 57.20  152.023 and relevant provisions of the sentencing guidelines, 
 57.21  that describes in a clear and coherent manner using words with 
 57.22  common and everyday meanings the content of those provisions.  
 57.23  The attorney general shall publicize and disseminate the plain 
 57.24  language version as widely as practicable, including 
 57.25  distributing the version to school boards, local governments, 
 57.26  and administrators and occupants of drug treatment facilities 
 57.27  and public housing. 
 57.28     Sec. 16.  [EXTENSION OF EXPIRATION DATE.] 
 57.29     Notwithstanding Minnesota Statutes, section 15.059, the 
 57.30  advisory council on drug abuse resistance education expires on 
 57.31  June 30, 1999. 
 57.32     Sec. 17.  [EFFECTIVE DATE.] 
 57.33     Sections 1 to 15 are effective August 1, 1997, and apply to 
 57.34  crimes committed on or after that date.  Section 16 is effective 
 57.35  the day following final enactment. 
 57.36                             ARTICLE 5
 58.1                            SEX OFFENDERS
 58.2      Section 1.  Minnesota Statutes 1996, section 243.166, 
 58.3   subdivision 1, is amended to read: 
 58.4      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 58.5   register under this section if:  
 58.6      (1) the person was charged with or petitioned for a felony 
 58.7   violation of or attempt to violate any of the following, and 
 58.8   convicted of or adjudicated delinquent for that offense or 
 58.9   another offense arising out of the same set of circumstances: 
 58.10     (i) murder under section 609.185, clause (2); 
 58.11     (ii) kidnapping under section 609.25, involving a minor 
 58.12  victim; or 
 58.13     (iii) criminal sexual conduct under section 609.342; 
 58.14  609.343; 609.344; or 609.345; or 
 58.15     (2) the person was charged with or petitioned for falsely 
 58.16  imprisoning a minor in violation of section 609.255, or 
 58.17  soliciting a minor to engage in prostitution in violation of 
 58.18  section 609.322, 609.323, or 609.324, or soliciting a minor to 
 58.19  engage in sexual conduct in violation of section 609.352, or 
 58.20  using a minor in a sexual performance in violation of section 
 58.21  617.246, or possessing pictorial representations of minors in 
 58.22  violation of section 617.247, or engaging in indecent exposure 
 58.23  in violation of section 617.23, subdivision 3, clause (2), and 
 58.24  convicted of or adjudicated delinquent for that offense or 
 58.25  another offense arising out of the same set of circumstances; or 
 58.26     (3) the person was convicted of a predatory crime as 
 58.27  defined in section 609.1352, and the offender was sentenced as a 
 58.28  patterned sex offender or the court found on its own motion or 
 58.29  that of the prosecutor that the crime was part of a predatory 
 58.30  pattern of behavior that had criminal sexual conduct as its 
 58.31  goal; or 
 58.32     (4) the person was convicted of or adjudicated delinquent 
 58.33  for violating a law of the United States similar to the offenses 
 58.34  described in clause (1), (2), or (3). 
 58.35     (b) A person also shall register under this section if: 
 58.36     (1) the person was convicted of or adjudicated delinquent 
 59.1   in another state for an offense that would be a violation of a 
 59.2   law described in paragraph (a) if committed in this state; 
 59.3      (2) the person enters and remains in this state for 30 days 
 59.4   or longer; and 
 59.5      (3) ten years have not elapsed since the person was 
 59.6   released from confinement or, if the person was not confined, 
 59.7   since the person was convicted of or adjudicated delinquent for 
 59.8   the offense that triggers registration.  
 59.9      (c) A person also shall register under this section if the 
 59.10  person was committed pursuant to a court commitment order under 
 59.11  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 59.12  regardless of whether the person was convicted of any offense. 
 59.13     Sec. 2.  Minnesota Statutes 1996, section 243.166, 
 59.14  subdivision 2, is amended to read: 
 59.15     Subd. 2.  [NOTICE.] When a person who is required to 
 59.16  register under subdivision 1, paragraph (a), is sentenced or 
 59.17  becomes subject to a juvenile court disposition order, the court 
 59.18  shall tell the person of the duty to register under this 
 59.19  section.  The court shall require the person to read and sign a 
 59.20  form stating that the duty of the person to register under this 
 59.21  section has been explained.  If a person required to register 
 59.22  under subdivision 1, paragraph (a), was not notified by the 
 59.23  court of the registration requirement at the time of sentencing 
 59.24  or disposition, the assigned corrections agent shall notify the 
 59.25  person of the requirements of this section.  When a person who 
 59.26  is required to register under subdivision 1, paragraph (c), is 
 59.27  released from commitment, the treatment facility shall notify 
 59.28  the person of the requirements of this section.  The treatment 
 59.29  facility shall also obtain the registration information required 
 59.30  under this section and forward it to the bureau of criminal 
 59.31  apprehension. 
 59.32     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
 59.33  subdivision 3, is amended to read: 
 59.34     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
 59.35  to register under this section shall register with the 
 59.36  corrections agent as soon as the agent is assigned to the 
 60.1   person.  If the person does not have an assigned corrections 
 60.2   agent or is unable to locate the assigned corrections agent, the 
 60.3   person shall register with the law enforcement agency that has 
 60.4   jurisdiction in the area of the person's residence. 
 60.5      (b) At least five days before the person changes residence 
 60.6   starts living at a new address, including changing residence to 
 60.7   living in another state, the person shall give written notice of 
 60.8   the address of the new residence new living address to the 
 60.9   assigned corrections agent or to the law enforcement authority 
 60.10  with which the person currently is registered.  An offender is 
 60.11  deemed to change residence when the offender remains at a new 
 60.12  address for longer than three days and evinces an intent to take 
 60.13  up residence there.  If the person will be living in a new state 
 60.14  and that state has a registration requirement, the person shall 
 60.15  also give written notice of the new address to the designated 
 60.16  registration agency in the new state.  The corrections agent or 
 60.17  law enforcement authority shall, within two business days after 
 60.18  receipt of this information, forward it to the bureau of 
 60.19  criminal apprehension.  The bureau of criminal apprehension 
 60.20  shall, if it has not already been done, notify the law 
 60.21  enforcement authority having primary jurisdiction in the 
 60.22  community where the person will live of the new address.  If the 
 60.23  person is leaving the state, the bureau of criminal apprehension 
 60.24  shall notify the registration authority in the new state of the 
 60.25  new address. 
 60.26     Sec. 4.  Minnesota Statutes 1996, section 243.166, 
 60.27  subdivision 4, is amended to read: 
 60.28     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 60.29  provided to the corrections agent or law enforcement authority, 
 60.30  must consist of a statement in writing signed by the person, 
 60.31  giving information required by the bureau of criminal 
 60.32  apprehension, a fingerprint card, and photograph of the person 
 60.33  taken at the time of the person's release from incarceration or, 
 60.34  if the person was not incarcerated, at the time the person 
 60.35  initially registered under this section.  
 60.36     (b) Within three days, the corrections agent or law 
 61.1   enforcement authority shall forward the statement, fingerprint 
 61.2   card, and photograph to the bureau of criminal apprehension.  
 61.3   The bureau shall ascertain whether the person has registered 
 61.4   with the law enforcement authority where the person resides.  If 
 61.5   the person has not registered with the law enforcement 
 61.6   authority, the bureau shall send one copy to that authority.  
 61.7      (c) During the period a person is required to register 
 61.8   under this section, the following shall apply: 
 61.9      (1) Each year, within 30 days of the anniversary date of 
 61.10  the person's initial registration, the bureau of criminal 
 61.11  apprehension shall mail a verification form to the last reported 
 61.12  address of the person. 
 61.13     (2) The person shall mail the signed verification form back 
 61.14  to the bureau of criminal apprehension within ten days after 
 61.15  receipt of the form, stating on the form the current and last 
 61.16  address of the person. 
 61.17     (3) If the person fails to mail the completed and signed 
 61.18  verification form to the bureau of criminal apprehension within 
 61.19  ten days after receipt of the form, the person shall be in 
 61.20  violation of this section. 
 61.21     Sec. 5.  Minnesota Statutes 1996, section 244.052, 
 61.22  subdivision 3, is amended to read: 
 61.23     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 61.24  commissioner of corrections shall establish and administer 
 61.25  end-of-confinement review committees at each state correctional 
 61.26  facility and at each state treatment facility where sex 
 61.27  offenders are confined.  The committees shall assess on a 
 61.28  case-by-case basis: 
 61.29     (1) the public risk posed by sex offenders who are about to 
 61.30  be released from confinement; and 
 61.31     (2) the public risk posed by sex offenders who are accepted 
 61.32  from another state under a reciprocal agreement under the 
 61.33  interstate compact authorized by section 243.16.  
 61.34     (b) Each committee shall be a standing committee and shall 
 61.35  consist of the following members appointed by the commissioner: 
 61.36     (1) the chief executive officer or head of the correctional 
 62.1   or treatment facility where the offender is currently confined, 
 62.2   or that person's designee; 
 62.3      (2) a law enforcement officer; 
 62.4      (3) a treatment professional who is trained in the 
 62.5   assessment of sex offenders; 
 62.6      (4) a caseworker experienced in supervising sex offenders; 
 62.7   and 
 62.8      (5) an employee of the department of corrections from the 
 62.9   victim's services unit. 
 62.10     Members of the committee, other than the facility's chief 
 62.11  executive officer or head, shall be appointed by the 
 62.12  commissioner to two-year terms.  The chief executive officer or 
 62.13  head of the facility or designee shall act as chair of the 
 62.14  committee and shall use the facility's staff, as needed, to 
 62.15  administer the committee, obtain necessary information from 
 62.16  outside sources, and prepare risk assessment reports on 
 62.17  offenders. 
 62.18     (c) The committee shall have access to the following data 
 62.19  on a sex offender only for the purposes of its assessment and to 
 62.20  defend the committee's decision upon administrative review under 
 62.21  this section: 
 62.22     (1) private medical data under section 13.42 or 144.335, or 
 62.23  welfare data under section 13.46 that relate to medical 
 62.24  treatment of the offender; 
 62.25     (2) private and confidential court services data under 
 62.26  section 13.84; 
 62.27     (3) private and confidential corrections data under section 
 62.28  13.85; and 
 62.29     (4) private criminal history data under section 13.87. 
 62.30     Data collected and maintained by the committee under this 
 62.31  paragraph may not be disclosed outside the committee, except as 
 62.32  provided under section 13.05, subdivision 3 or 4.  The sex 
 62.33  offender has access to data on the offender collected and 
 62.34  maintained by the committee, unless the data are confidential 
 62.35  data received under this paragraph. 
 62.36     (d) At least 90 days before a sex offender is to be 
 63.1   released from confinement or accepted for supervision, the 
 63.2   commissioner of corrections shall convene the appropriate 
 63.3   end-of-confinement review committee for the purpose of assessing 
 63.4   the risk presented by the offender and determining the risk 
 63.5   level to which the offender shall be assigned under paragraph 
 63.6   (e).  The offender shall be notified of the time and place of 
 63.7   the committee's meeting and has a right to be present and be 
 63.8   heard at the meeting.  The committee shall use the risk factors 
 63.9   described in paragraph (g) and the risk assessment scale 
 63.10  developed under subdivision 2 to determine the offender's risk 
 63.11  assessment score and risk level.  Offenders scheduled for 
 63.12  release from confinement shall be assessed by the committee 
 63.13  established at the facility from which the offender is to be 
 63.14  released.  Offenders accepted for supervision shall be assessed 
 63.15  by whichever committee the commissioner directs. 
 63.16     (e) The committee shall assign to risk level I a sex 
 63.17  offender whose risk assessment score indicates a low risk of 
 63.18  reoffense.  The committee shall assign to risk level II an 
 63.19  offender whose risk assessment score indicates a moderate risk 
 63.20  of reoffense.  The committee shall assign to risk level III an 
 63.21  offender whose risk assessment score indicates a high risk of 
 63.22  reoffense. 
 63.23     (f) Before the sex offender is released from confinement or 
 63.24  accepted for supervision, the committee shall prepare a risk 
 63.25  assessment report which specifies the risk level to which the 
 63.26  offender has been assigned and the reasons underlying the 
 63.27  committee's risk assessment decision.  The committee shall give 
 63.28  the report to the offender and to the law enforcement agency at 
 63.29  least 60 days before an offender is released from confinement or 
 63.30  accepted for supervision.  The committee also shall inform the 
 63.31  offender of the availability of review under subdivision 6. 
 63.32     (g) As used in this subdivision, "risk factors" includes, 
 63.33  but is not limited to, the following factors: 
 63.34     (1) the seriousness of the offense should the offender 
 63.35  reoffend.  This factor includes consideration of the following:  
 63.36     (i) the degree of likely force or harm; 
 64.1      (ii) the degree of likely physical contact; and 
 64.2      (iii) the age of the likely victim; 
 64.3      (2) the offender's prior offense history.  This factor 
 64.4   includes consideration of the following: 
 64.5      (i) the relationship of prior victims to the offender; 
 64.6      (ii) the number of prior offenses or victims; 
 64.7      (iii) the duration of the offender's prior offense history; 
 64.8      (iv) the length of time since the offender's last prior 
 64.9   offense while the offender was at risk to commit offenses; and 
 64.10     (v) the offender's prior history of other antisocial acts; 
 64.11     (3) the offender's characteristics.  This factor includes 
 64.12  consideration of the following:  
 64.13     (i) the offender's response to prior treatment efforts; and 
 64.14     (ii) the offender's history of substance abuse; 
 64.15     (4) the availability of community supports to the offender. 
 64.16  This factor includes consideration of the following: 
 64.17     (i) the availability and likelihood that the offender will 
 64.18  be involved in therapeutic treatment; 
 64.19     (ii) the availability of residential supports to the 
 64.20  offender, such as a stable and supervised living arrangement in 
 64.21  an appropriate location; 
 64.22     (iii) the offender's familial and social relationships, 
 64.23  including the nature and length of these relationships and the 
 64.24  level of support that the offender may receive from these 
 64.25  persons; and 
 64.26     (iv) the offender's lack of education or employment 
 64.27  stability; 
 64.28     (5) whether the offender has indicated or credible evidence 
 64.29  in the record indicates that the offender will reoffend if 
 64.30  released into the community; and 
 64.31     (6) whether the offender demonstrates a physical condition 
 64.32  that minimizes the risk of reoffense, including but not limited 
 64.33  to, advanced age or a debilitating illness or physical condition.
 64.34     (h) Upon the request of the law enforcement agency or the 
 64.35  offender's corrections agent, the commissioner may reconvene the 
 64.36  end-of-confinement review committee for the purpose of 
 65.1   reassessing the risk level to which an offender has been 
 65.2   assigned under paragraph (e).  In a request for a reassessment, 
 65.3   the law enforcement agency or agent shall list the facts and 
 65.4   circumstances arising after the initial assignment under 
 65.5   paragraph (e) which support the request for a reassessment.  
 65.6   Upon review of the request, the end-of-confinement review 
 65.7   committee may reassign an offender to a different risk level.  
 65.8   If the offender is reassigned to a higher risk level, the 
 65.9   offender has the right to seek review of the committee's 
 65.10  determination under subdivision 6. 
 65.11     (i) An offender may request the end-of-confinement review 
 65.12  committee to reassess the offender's assigned risk level after 
 65.13  two years have elapsed since the committee's initial risk 
 65.14  assessment and may renew the request once every two years 
 65.15  following subsequent denials.  In a request for reassessment, 
 65.16  the offender shall list the facts and circumstances which 
 65.17  demonstrate that the offender no longer poses the same degree of 
 65.18  risk to the community.  The committee shall follow the process 
 65.19  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 65.20     Sec. 6.  Minnesota Statutes 1996, section 244.052, 
 65.21  subdivision 4, is amended to read: 
 65.22     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 65.23  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 65.24  area where the sex offender resides, expects to reside, is 
 65.25  employed, or is regularly found, is authorized to shall disclose 
 65.26  information to the public any information regarding the offender 
 65.27  contained in the report forwarded to the agency under 
 65.28  subdivision 3, paragraph (f), if the agency determines that 
 65.29  disclosure of the information is relevant and necessary to 
 65.30  protect the public and to counteract the offender's 
 65.31  dangerousness.  The extent of the information disclosed and the 
 65.32  community to whom disclosure is made must relate to the level of 
 65.33  danger posed by the offender, to the offender's pattern of 
 65.34  offending behavior, and to the need of community members for 
 65.35  information to enhance their individual and collective safety. 
 65.36     (b) The law enforcement agency shall consider the following 
 66.1   guidelines in determining the scope of disclosure made under 
 66.2   this subdivision: 
 66.3      (1) if the offender is assigned to risk level I, the agency 
 66.4   may maintain information regarding the offender within the 
 66.5   agency and may disclose it to other law enforcement agencies.  
 66.6   Additionally, the agency may disclose the information to any 
 66.7   victims of or witnesses to the offense committed by the offender.
 66.8   The agency shall disclose the information to victims of the 
 66.9   offense committed by the offender who have requested disclosure; 
 66.10     (2) if the offender is assigned to risk level II, the 
 66.11  agency also may disclose the information to the following 
 66.12  individuals, agencies and groups that the offender is likely to 
 66.13  encounter: for the purpose of securing those institutions and 
 66.14  protecting individuals in their care while they are on or near 
 66.15  the premises of the institution.  These individuals, agencies, 
 66.16  and groups include but are not limited to the staff members of 
 66.17  public and private educational institutions;, day care 
 66.18  establishments;, and establishments and organizations that 
 66.19  primarily serve individuals likely to be victimized by the 
 66.20  offender; 
 66.21     (3) if the offender is assigned to risk level III, the 
 66.22  agency also may disclose the information to other members of the 
 66.23  community whom the offender is likely to encounter. 
 66.24     Notwithstanding the assignment of a sex offender to risk 
 66.25  level II or III, a law enforcement agency may not make the 
 66.26  disclosures permitted by clause (2) or (3), if:  the offender is 
 66.27  placed or resides in a residential facility that is licensed as 
 66.28  a residential program, as defined in section 245A.02, 
 66.29  subdivision 14, by the commissioner of human services under 
 66.30  chapter 254A, or the commissioner of corrections under section 
 66.31  241.021; and the facility and its staff are trained in the 
 66.32  supervision of sex offenders.  However, if an offender is placed 
 66.33  or resides in a licensed facility, the head of the facility 
 66.34  shall notify the law enforcement agency before the end of the 
 66.35  offender's placement or residence in the facility.  Upon 
 66.36  receiving this notification, commissioner of corrections or the 
 67.1   commissioner of human services within 48 hours after finalizing 
 67.2   the offender's approved relocation plan to a permanent 
 67.3   residence.  Within five days after receiving this notification, 
 67.4   the appropriate commissioner shall give to the appropriate law 
 67.5   enforcement agency all relevant information the commissioner has 
 67.6   concerning the offender, including information on the risk 
 67.7   factors in the offender's history and the risk level to which 
 67.8   the offender was assigned.  After receiving this information, 
 67.9   the law enforcement agency may make the disclosures permitted by 
 67.10  clause (2) or (3), as appropriate. 
 67.11     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 67.12  to encounter" means that:  
 67.13     (1) the organizations or community members are in a 
 67.14  location or in close proximity to a location where the offender 
 67.15  lives or is employed, or which the offender visits or is likely 
 67.16  to visit on a regular basis, other than the location of the 
 67.17  offender's outpatient treatment program; and 
 67.18     (2) the types of interaction which ordinarily occur at that 
 67.19  location and other circumstances indicate that contact with the 
 67.20  offender is reasonably certain. 
 67.21     (d) A law enforcement agency or official who decides to 
 67.22  disclose information under this subdivision shall make a good 
 67.23  faith effort to make the notification at least 14 days before an 
 67.24  offender is released from confinement or accepted for 
 67.25  supervision.  If a change occurs in the release plan, this 
 67.26  notification provision does not require an extension of the 
 67.27  release date.  
 67.28     (e) A law enforcement agency or official that decides to 
 67.29  disclose information under this subdivision shall make a good 
 67.30  faith effort to conceal not disclose the identity of the victim 
 67.31  or victims of or witnesses to the offender's offense offenses. 
 67.32     (f) A law enforcement agency may continue to disclose 
 67.33  information on an offender under this subdivision for as long as 
 67.34  the offender is required to register under section 243.166. 
 67.35     Sec. 7.  Minnesota Statutes 1996, section 244.052, 
 67.36  subdivision 5, is amended to read: 
 68.1      Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 68.2   ENFORCEMENT.] At least 60 days before a sex offender is released 
 68.3   from confinement or accepted for supervision, the department of 
 68.4   corrections or the department of human services, in the case of 
 68.5   a person who was committed under section 253B.185 or Minnesota 
 68.6   Statutes 1992, section 526.10, shall provide give to the 
 68.7   appropriate law enforcement agency that investigated the 
 68.8   offender's crime of conviction or, where relevant, the law 
 68.9   enforcement agency having primary jurisdiction where the 
 68.10  offender was committed, all relevant information that the 
 68.11  departments have concerning the offender, including information 
 68.12  on risk factors in the offender's history.  Within five days 
 68.13  after receiving the offender's approved release plan from the 
 68.14  office of adult release, the appropriate department shall give 
 68.15  to the law enforcement agency having primary jurisdiction where 
 68.16  the offender plans to reside all relevant information the 
 68.17  department has concerning the offender, including information on 
 68.18  risk factors in the offender's history and the risk level to 
 68.19  which the offender was assigned. 
 68.20     Sec. 8.  Minnesota Statutes 1996, section 244.052, 
 68.21  subdivision 6, is amended to read: 
 68.22     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 68.23  or reassigned to risk level II or III under subdivision 3, 
 68.24  paragraph (e) or (h), has the right to seek administrative 
 68.25  review of an end-of-confinement review committee's risk 
 68.26  assessment determination.  The offender must exercise this right 
 68.27  within 14 days of receiving notice of the committee's decision 
 68.28  by notifying the chair of the committee.  Upon receiving the 
 68.29  request for administrative review, the chair shall notify:  (1) 
 68.30  the offender,; (2) the victim or victims of the offender's 
 68.31  offense who have requested disclosure or their designee,; (3) 
 68.32  the law enforcement agency, that investigated the offender's 
 68.33  crime of conviction or, where relevant, the law enforcement 
 68.34  agency having primary jurisdiction where the offender was 
 68.35  committed; (4) the law enforcement agency having jurisdiction 
 68.36  where the offender expects to reside, providing that the release 
 69.1   plan has been approved by the office of adult release of the 
 69.2   department of corrections; (5) and any other individuals the 
 69.3   chair may select, of.  The notice shall state the time and place 
 69.4   of the hearing.  A request for a review hearing shall not 
 69.5   interfere with or delay the notification process under 
 69.6   subdivision 4 or 5, unless the administrative law judge orders 
 69.7   otherwise for good cause shown. 
 69.8      (b) An offender who requests a review hearing must be given 
 69.9   a reasonable opportunity to prepare for the hearing.  The review 
 69.10  hearing shall be conducted on the record before an 
 69.11  administrative law judge.  The review hearing shall be conducted 
 69.12  at the correctional facility in which the offender is currently 
 69.13  confined.  If the offender no longer is incarcerated, the 
 69.14  administrative law judge shall determine the place where the 
 69.15  review hearing will be conducted.  The offender has the burden 
 69.16  of proof to show, by a preponderance of the evidence, that the 
 69.17  end-of-confinement review committee's risk assessment 
 69.18  determination was erroneous.  The attorney general or a designee 
 69.19  shall defend the end-of-confinement review committee's 
 69.20  determination.  The offender has the right to be present and be 
 69.21  represented by counsel at the hearing, to present evidence in 
 69.22  support of the offender's position, to call supporting witnesses 
 69.23  and to cross-examine witnesses testifying in support of the 
 69.24  committee's determination.  Counsel for indigent offenders shall 
 69.25  be provided by the Legal Advocacy Project of the state public 
 69.26  defender's office.  
 69.27     (c) After the hearing is concluded, the administrative law 
 69.28  judge shall decide whether the end-of-confinement review 
 69.29  committee's risk assessment determination was erroneous and, 
 69.30  based on this decision, shall either uphold or modify the review 
 69.31  committee's determination.  The judge's decision shall be in 
 69.32  writing and shall include the judge's reasons for the decision.  
 69.33  The judge's decision shall be final and a copy of it shall be 
 69.34  given to the offender, the victim, the law enforcement agency, 
 69.35  and the chair of the end-of-confinement review committee. 
 69.36     (d) The review hearing is subject to the contested case 
 70.1   provisions of chapter 14. 
 70.2      (e) The administrative law judge may seal any portion of 
 70.3   the record of the administrative review hearing. 
 70.4      Sec. 9.  Minnesota Statutes 1996, section 609.135, is 
 70.5   amended by adding a subdivision to read: 
 70.6      Subd. 1c.  [FAILURE TO COMPLETE COURT-ORDERED 
 70.7   TREATMENT.] If the court orders a defendant to undergo sex 
 70.8   offender treatment as a condition of probation and if the 
 70.9   defendant fails to successfully complete treatment at least 60 
 70.10  days before the term of probation expires, the prosecutor or the 
 70.11  defendant's probation officer may ask the court to hold a 
 70.12  hearing to determine whether the conditions of probation should 
 70.13  be changed or probation should be revoked.  The court shall 
 70.14  schedule and hold this hearing and take appropriate action, 
 70.15  including action under subdivision 2, paragraph (h), before the 
 70.16  defendant's term of probation expires. 
 70.17     Sec. 10.  Minnesota Statutes 1996, section 609.135, 
 70.18  subdivision 2, is amended to read: 
 70.19     Subd. 2.  (a) If the conviction is for a felony the stay 
 70.20  shall be for not more than four years or the maximum period for 
 70.21  which the sentence of imprisonment might have been imposed, 
 70.22  whichever is longer. 
 70.23     (b) If the conviction is for a gross misdemeanor violation 
 70.24  of section 169.121 or 169.129, the stay shall be for not more 
 70.25  than four years.  The court shall provide for unsupervised 
 70.26  probation for the last one year of the stay unless the court 
 70.27  finds that the defendant needs supervised probation for all or 
 70.28  part of the last one year. 
 70.29     (c) If the conviction is for a gross misdemeanor not 
 70.30  specified in paragraph (b), the stay shall be for not more than 
 70.31  two years. 
 70.32     (d) If the conviction is for any misdemeanor under section 
 70.33  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 70.34  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 70.35  which the victim of the crime was a family or household member 
 70.36  as defined in section 518B.01, the stay shall be for not more 
 71.1   than two years.  The court shall provide for unsupervised 
 71.2   probation for the second year of the stay unless the court finds 
 71.3   that the defendant needs supervised probation for all or part of 
 71.4   the second year. 
 71.5      (e) If the conviction is for a misdemeanor not specified in 
 71.6   paragraph (d), the stay shall be for not more than one year.  
 71.7      (f) The defendant shall be discharged six months after the 
 71.8   term of the stay expires, unless the stay has been revoked or 
 71.9   extended under paragraph (g) or (h), or the defendant has 
 71.10  already been discharged. 
 71.11     (g) Notwithstanding the maximum periods specified for stays 
 71.12  of sentences under paragraphs (a) to (f), a court may extend a 
 71.13  defendant's term of probation for up to one year if it finds, at 
 71.14  a hearing conducted under subdivision 1a, that: 
 71.15     (1) the defendant has not paid court-ordered restitution or 
 71.16  a fine in accordance with the payment schedule or structure; and 
 71.17     (2) the defendant is likely to not pay the restitution or 
 71.18  fine the defendant owes before the term of probation expires.  
 71.19  This one-year extension of probation for failure to pay 
 71.20  restitution or a fine may be extended by the court for up to one 
 71.21  additional year if the court finds, at another hearing conducted 
 71.22  under subdivision 1a, that the defendant still has not paid the 
 71.23  court-ordered restitution or fine that the defendant owes. 
 71.24     (h) Notwithstanding the maximum periods specified for stays 
 71.25  of sentences under paragraphs (a) to (f), a court may extend a 
 71.26  defendant's term of probation for up to three years if it finds, 
 71.27  at a hearing conducted under subdivision 1c, that: 
 71.28     (1) the defendant has failed to complete court-ordered sex 
 71.29  offender treatment successfully; and 
 71.30     (2) the defendant is likely not to complete court-ordered 
 71.31  treatment before the term of probation expires. 
 71.32     Sec. 11.  Minnesota Statutes 1996, section 609.3451, 
 71.33  subdivision 3, is amended to read: 
 71.34     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 71.35  be sentenced to imprisonment for not more than five years or to 
 71.36  payment of a fine of not more than $10,000, or both, if the 
 72.1   person violates subdivision 1, clause (2), after having been 
 72.2   previously convicted of or adjudicated delinquent for violating 
 72.3   subdivision 1, clause (2); section 617.23, paragraph 
 72.4   (b) subdivision 2, clause (1); or a statute from another state 
 72.5   in conformity with subdivision 1, clause (2), or section 617.23, 
 72.6   paragraph (b) subdivision 2, clause (1). 
 72.7      Sec. 12.  Minnesota Statutes 1996, section 609.3461, 
 72.8   subdivision 1, is amended to read: 
 72.9      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 72.10  offender to provide a biological specimen for the purpose of DNA 
 72.11  analysis as defined in section 299C.155 when: 
 72.12     (1) the court sentences a person charged with violating or 
 72.13  attempting to violate section 609.185, clause (2), 609.342, 
 72.14  609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause 
 72.15  (2), who is convicted of violating one of those sections or of 
 72.16  any offense arising out of the same set of circumstances; 
 72.17     (2) the court sentences a person as a patterned sex 
 72.18  offender under section 609.1352; or 
 72.19     (3) the juvenile court adjudicates a person a delinquent 
 72.20  child who is the subject of a delinquency petition for violating 
 72.21  or attempting to violate section 609.342, 609.343, 609.344, or 
 72.22  609.345, and the delinquency adjudication is based on a 
 72.23  violation of one of those sections or of any offense arising out 
 72.24  of the same set of circumstances.  The biological specimen or 
 72.25  the results of the analysis shall be maintained by the bureau of 
 72.26  criminal apprehension as provided in section 299C.155.  
 72.27     Sec. 13.  Minnesota Statutes 1996, section 609.3461, 
 72.28  subdivision 2, is amended to read: 
 72.29     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
 72.30  violating or attempting to violate section 609.185, clause (2), 
 72.31  609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, 
 72.32  clause (2), or initially charged with violating one of those 
 72.33  sections and convicted of another offense arising out of the 
 72.34  same set of circumstances, or sentenced as a patterned sex 
 72.35  offender under section 609.1352, and committed to the custody of 
 72.36  the commissioner of corrections, or serving a term of 
 73.1   imprisonment in this state under a reciprocal agreement although 
 73.2   convicted in another state of an offense described in this 
 73.3   subdivision or a similar law of the United States or any other 
 73.4   state, has not provided a biological specimen for the purpose of 
 73.5   DNA analysis, the commissioner of corrections or local 
 73.6   corrections authority shall order the person to provide a 
 73.7   biological specimen for the purpose of DNA analysis before 
 73.8   completion of the person's term of imprisonment.  The 
 73.9   commissioner of corrections or local corrections authority shall 
 73.10  forward the sample to the bureau of criminal apprehension. 
 73.11     Sec. 14.  Minnesota Statutes 1996, section 609.347, 
 73.12  subdivision 7, is amended to read: 
 73.13     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph 
 73.14  (c) 412 of the Rules of Evidence is superseded to the extent of 
 73.15  its conflict with this section. 
 73.16     Sec. 15.  Minnesota Statutes 1996, section 609.746, 
 73.17  subdivision 1, is amended to read: 
 73.18     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
 73.19  DEVICE.] (a) A person is guilty of a misdemeanor who: 
 73.20     (1) enters upon another's property; 
 73.21     (2) surreptitiously gazes, stares, or peeps in the window 
 73.22  or any other aperture of a house or place of dwelling of 
 73.23  another; and 
 73.24     (3) does so with intent to intrude upon or interfere with 
 73.25  the privacy of a member of the household. 
 73.26     (b) A person is guilty of a misdemeanor who: 
 73.27     (1) enters upon another's property; 
 73.28     (2) surreptitiously installs or uses any device for 
 73.29  observing, photographing, recording, amplifying, or broadcasting 
 73.30  sounds or events through the window or any other aperture of a 
 73.31  house or place of dwelling of another; and 
 73.32     (3) does so with intent to intrude upon or interfere with 
 73.33  the privacy of a member of the household. 
 73.34     (c) A person is guilty of a misdemeanor who: 
 73.35     (1) surreptitiously gazes, stares, or peeps in the window 
 73.36  or other aperture of a sleeping room in a hotel, as defined in 
 74.1   section 327.70, subdivision 3, a tanning booth, or other place 
 74.2   where a reasonable person would have an expectation of privacy 
 74.3   and has exposed or is likely to expose their intimate parts, as 
 74.4   defined in section 609.341, subdivision 5, or the clothing 
 74.5   covering the immediate area of the intimate parts; and 
 74.6      (2) does so with intent to intrude upon or interfere with 
 74.7   the privacy of the occupant. 
 74.8      (d) A person is guilty of a misdemeanor who: 
 74.9      (1) surreptitiously installs or uses any device for 
 74.10  observing, photographing, recording, amplifying, or broadcasting 
 74.11  sounds or events through the window or other aperture of a 
 74.12  sleeping room in a hotel, as defined in section 327.70, 
 74.13  subdivision 3, a tanning booth, or other place where a 
 74.14  reasonable person would have an expectation of privacy and has 
 74.15  exposed or is likely to expose their intimate parts, as defined 
 74.16  in section 609.341, subdivision 5, or the clothing covering the 
 74.17  immediate area of the intimate parts; and 
 74.18     (2) does so with intent to intrude upon or interfere with 
 74.19  the privacy of the occupant. 
 74.20     (e) A person is guilty of a gross misdemeanor if the person:
 74.21     (1) violates this subdivision after a previous conviction 
 74.22  under this subdivision or section 609.749; or 
 74.23     (2) violates this subdivision in the presence of a minor 
 74.24  under the age of 16, knowing or having reason to know that the 
 74.25  minor is present. 
 74.26     (f) Paragraphs (b) and (d) do not apply to law enforcement 
 74.27  officers or corrections investigators, or to those acting under 
 74.28  their direction, while engaged in the performance of their 
 74.29  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
 74.30  in:  (1) a medical facility; or (2) a commercial establishment 
 74.31  if the owner of the establishment has posted conspicuous signs 
 74.32  warning that the premises are under surveillance by the owner or 
 74.33  the owner's employees. 
 74.34     Sec. 16.  Minnesota Statutes 1996, section 617.23, is 
 74.35  amended to read: 
 74.36     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 75.1      (a) Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
 75.2   misdemeanor who commits any of the following acts in any public 
 75.3   place, or in any place where others are present, is guilty of a 
 75.4   misdemeanor:  
 75.5      (1) willfully and lewdly exposes the person's body, or the 
 75.6   private parts thereof; 
 75.7      (2) procures another to expose private parts; or 
 75.8      (3) engages in any open or gross lewdness or lascivious 
 75.9   behavior, or any public indecency other than behavior specified 
 75.10  in clause (1) or (2) or this clause subdivision. 
 75.11     (b) Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
 75.12  of the following acts is guilty of a gross misdemeanor if: 
 75.13     (1) the person violates this section in the presence of a 
 75.14  minor under the age of 16; or 
 75.15     (2) the person violates this section after having been 
 75.16  previously convicted of violating this section, sections 609.342 
 75.17  to 609.3451, or a statute from another state in conformity with 
 75.18  any of those sections. 
 75.19     (c) Subd. 3.  [FELONY.] A person is guilty of a felony and 
 75.20  may be sentenced to imprisonment for not more than five years or 
 75.21  to payment of a fine of not more than $10,000, or both, if: 
 75.22     (1) the person violates paragraph (b) subdivision 2, clause 
 75.23  (1), after having been previously convicted of or adjudicated 
 75.24  delinquent for violating paragraph (b) subdivision 2, clause 
 75.25  (1); section 609.3451, subdivision 1, clause (2); or a statute 
 75.26  from another state in conformity with paragraph (b) subdivision 
 75.27  2, clause (1), or section 609.3451, subdivision 1, clause (2); 
 75.28  or 
 75.29     (2) the person commits a violation of subdivision 1, clause 
 75.30  (1), in the presence of another person while intentionally 
 75.31  confining that person or otherwise intentionally restricting 
 75.32  that person's freedom to move.  
 75.33     Sec. 17.  [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS 
 75.34  CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.] 
 75.35     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 75.36     (1) "community notification" means the public disclosure of 
 76.1   information about sex offenders by local law enforcement 
 76.2   agencies under Minnesota Statutes, section 244.052; 
 76.3      (2) "federal prison" means a correctional facility 
 76.4   administered by the federal Bureau of Prisons in which sex 
 76.5   offenders are or may be confined; and 
 76.6      (3) "sex offender" means a person who has been convicted of 
 76.7   a federal offense for which registration under Minnesota 
 76.8   Statutes, section 243.166, is required. 
 76.9      Subd. 2.  [DEVELOPMENT OF PLAN.] The commissioner of 
 76.10  corrections shall collaborate with the federal Bureau of Prisons 
 76.11  and the chief executive officer of any federal prison located in 
 76.12  this state in developing a community notification plan 
 76.13  concerning sex offenders confined in federal prisons in 
 76.14  Minnesota who intend to reside in this state upon release.  The 
 76.15  plan shall address the following matters: 
 76.16     (1) the membership and operation of the end-of-confinement 
 76.17  review committees that will operate in the federal prisons to 
 76.18  conduct risk assessments on sex offenders who intend to reside 
 76.19  in Minnesota upon release; 
 76.20     (2) the classification and use of data on sex offenders 
 76.21  that are collected or maintained by the committees; 
 76.22     (3) the procedures governing the sex offender's 
 76.23  participation in the committee's meetings; 
 76.24     (4) the process for a sex offender to seek review of the 
 76.25  committee's risk assessment determination; and 
 76.26     (5) any other matters deemed important by the commissioner 
 76.27  and the federal authorities. 
 76.28     Subd. 3.  [REPORT TO LEGISLATURE.] On or before February 1, 
 76.29  1998, the commissioner of corrections shall file a report with 
 76.30  the chairs of the house judiciary committee and the senate crime 
 76.31  prevention committee.  The report shall summarize the community 
 76.32  notification plan agreed to by the commissioner and the federal 
 76.33  Bureau of Prisons and shall specify the statutory changes needed 
 76.34  to accomplish that plan. 
 76.35     Sec. 18.  [EFFECTIVE DATE.] 
 76.36     Sections 1 to 4 are effective August 1, 1997, and apply to 
 77.1   persons who are released from prison on or after that date, or 
 77.2   who are under supervision as of that date, or who enter this 
 77.3   state on or after that date.  Sections 9 to 13, 15, and 16 are 
 77.4   effective August 1, 1997, and apply to crimes committed on or 
 77.5   after that date.  Sections 5 to 8 are effective the day 
 77.6   following final enactment and apply to offenders sentenced or 
 77.7   released from confinement on that date. 
 77.8                              ARTICLE 6
 77.9                     CHILD PROTECTION PROVISIONS
 77.10     Section 1.  Minnesota Statutes 1996, section 256E.03, 
 77.11  subdivision 2, is amended to read: 
 77.12     Subd. 2.  (a) "Community social services" means services 
 77.13  provided or arranged for by county boards to fulfill the 
 77.14  responsibilities prescribed in section 256E.08, subdivision 1, 
 77.15  to the following groups of persons: 
 77.16     (1) families with children under age 18, who are 
 77.17  experiencing child dependency, neglect or abuse, and also 
 77.18  pregnant adolescents, adolescent parents under the age of 18, 
 77.19  and their children, and other adolescents; 
 77.20     (2) persons, including adolescents, who are under the 
 77.21  guardianship of the commissioner of human services as dependent 
 77.22  and neglected wards; 
 77.23     (3) adults who are in need of protection and vulnerable as 
 77.24  defined in section 626.5572; 
 77.25     (4) persons age 60 and over who are experiencing difficulty 
 77.26  living independently and are unable to provide for their own 
 77.27  needs; 
 77.28     (5) emotionally disturbed children and adolescents, 
 77.29  chronically and acutely mentally ill persons who are unable to 
 77.30  provide for their own needs or to independently engage in 
 77.31  ordinary community activities; 
 77.32     (6) persons with mental retardation as defined in section 
 77.33  252A.02, subdivision 2, or with related conditions as defined in 
 77.34  section 252.27, subdivision 1a, who are unable to provide for 
 77.35  their own needs or to independently engage in ordinary community 
 77.36  activities; 
 78.1      (7) drug dependent and intoxicated persons, including 
 78.2   adolescents, as defined in section 254A.02, subdivisions 5 and 
 78.3   7, and persons, including adolescents, at risk of harm to self 
 78.4   or others due to the ingestion of alcohol or other drugs; 
 78.5      (8) parents whose income is at or below 70 percent of the 
 78.6   state median income and who are in need of child care services 
 78.7   in order to secure or retain employment or to obtain the 
 78.8   training or education necessary to secure employment; and 
 78.9      (9) children and adolescents involved in or at risk of 
 78.10  involvement with criminal activity; and 
 78.11     (10) other groups of persons who, in the judgment of the 
 78.12  county board, are in need of social services. 
 78.13     (b) Except as provided in section 256E.08, subdivision 5, 
 78.14  community social services do not include public assistance 
 78.15  programs known as aid to families with dependent children, 
 78.16  Minnesota supplemental aid, medical assistance, general 
 78.17  assistance, general assistance medical care, or community health 
 78.18  services authorized by sections 145A.09 to 145A.13.  
 78.19     Sec. 2.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
 78.20     Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
 78.21  agency with legal responsibility for the placement of a child 
 78.22  may request and shall receive all information pertaining to the 
 78.23  child that it considers necessary to appropriately carry out its 
 78.24  duties.  That information must include educational, medical, 
 78.25  psychological, psychiatric, and social or family history data 
 78.26  retained in any form by any individual or entity.  The agency 
 78.27  may gather appropriate data regarding the child's parents in 
 78.28  order to develop and implement a case plan required by section 
 78.29  257.071.  Upon request of the court responsible for overseeing 
 78.30  the provision of services to the child and family and for 
 78.31  implementing orders that are in the best interest of the child, 
 78.32  the responsible local social service agency or tribal social 
 78.33  service agency shall provide appropriate written or oral reports 
 78.34  from any individual or entity that has provided services to the 
 78.35  child or family.  The reports must include the nature of the 
 78.36  services being provided the child or family; the reason for the 
 79.1   services; the nature, extent, and quality of the child's or 
 79.2   parent's participation in the services, where appropriate; and 
 79.3   recommendations for continued services, where appropriate.  The 
 79.4   individual or entity shall report all observations and 
 79.5   information upon which it bases its report as well as its 
 79.6   conclusions.  If necessary to facilitate the receipt of the 
 79.7   reports, the court may issue appropriate orders. 
 79.8      Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
 79.9   agency responsible for the residential placement of a child 
 79.10  under this section and the residential facility in which the 
 79.11  child is placed shall have access to the following data on the 
 79.12  child: 
 79.13     (1) medical data under section 13.42; 
 79.14     (2) corrections and detention data under section 13.85; 
 79.15     (3) juvenile court data under section 260.161; and 
 79.16     (4) health records under section 144.335. 
 79.17     Sec. 3.  Minnesota Statutes 1996, section 257.071, is 
 79.18  amended by adding a subdivision to read: 
 79.19     Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
 79.20  social service agency shall inform a parent considering 
 79.21  voluntary placement of a child who is not developmentally 
 79.22  disabled or emotionally handicapped of the following: 
 79.23     (1) the parent and the child each has a right to separate 
 79.24  legal counsel before signing a voluntary placement agreement, 
 79.25  but not to counsel appointed at public expense; 
 79.26     (2) the parent is not required to agree to the voluntary 
 79.27  placement, and a parent who enters a voluntary placement 
 79.28  agreement may at any time request that the agency return the 
 79.29  child.  If the parent so requests, the child must be returned 
 79.30  within 24 hours of the receipt of the request; 
 79.31     (3) evidence gathered during the time the child is 
 79.32  voluntarily placed may be used at a later time as the basis for 
 79.33  a petition alleging that the child is in need of protection or 
 79.34  services or as the basis for a petition seeking termination of 
 79.35  parental rights; 
 79.36     (4) if the local social service agency files a petition 
 80.1   alleging that the child is in need of protection or services or 
 80.2   a petition seeking the termination of parental rights, the 
 80.3   parent would have the right to appointment of separate legal 
 80.4   counsel and the child would have a right to the appointment of 
 80.5   counsel and a guardian ad litem as provided by law, and that 
 80.6   counsel will be appointed at public expense if they are unable 
 80.7   to afford counsel; and 
 80.8      (5) the timelines and procedures for review of voluntary 
 80.9   placements under subdivision 3, and the effect the time spent in 
 80.10  voluntary placement on the scheduling of a permanent placement 
 80.11  determination hearing under section 260.191, subdivision 3b.  
 80.12     Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
 80.13  amended by adding a subdivision to read: 
 80.14     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
 80.15  after a child is initially placed in a residential facility, the 
 80.16  local social service agency shall identify any relatives of the 
 80.17  child and notify them of the possibility of a permanent 
 80.18  out-of-home placement of the child, and that a decision not to 
 80.19  be a permanent resource at the beginning of the case may affect 
 80.20  the relative's right to have the child placed with that relative 
 80.21  later.  The relatives must be notified that they must keep the 
 80.22  local social service agency informed of their current address in 
 80.23  order to receive notice of any permanent placement hearing.  A 
 80.24  relative who fails to provide a current address to the local 
 80.25  social service agency forfeits the right to notice of permanent 
 80.26  placement. 
 80.27     (b) When the agency determines that it is necessary to 
 80.28  prepare for the permanent placement determination hearing or in 
 80.29  anticipation of filing a termination of parental rights 
 80.30  petition, the agency shall send notice to the relatives, any 
 80.31  adult with whom the child is currently residing, any adult with 
 80.32  whom the child has resided for one year or longer in the past, 
 80.33  and any adults who have maintained a relationship or exercised 
 80.34  visitation with the child as identified in the agency case 
 80.35  plan.  The notice must state that a permanent home is sought for 
 80.36  the child and that the individuals receiving the notice may 
 81.1   indicate to the agency their interest in providing a permanent 
 81.2   home.  The notice must contain an advisory that if the relative 
 81.3   chooses not to be a placement resource at the beginning of the 
 81.4   case, this may affect the relative's rights to have the child 
 81.5   placed with that relative permanently later on. 
 81.6      Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
 81.7   amended by adding a subdivision to read:  
 81.8      Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
 81.9   from a permanent placement disposition authorized under section 
 81.10  260.191, subdivision 3b, within one year after the placement was 
 81.11  made: 
 81.12     (1) the child must be returned to the residential facility 
 81.13  where the child was placed immediately preceding the permanent 
 81.14  placement; or 
 81.15     (2) the court shall hold a hearing within ten days after 
 81.16  the child is taken into custody to determine where the child is 
 81.17  to be placed.  A guardian ad litem must be appointed for the 
 81.18  child for this hearing. 
 81.19     Sec. 6.  Minnesota Statutes 1996, section 257.071, 
 81.20  subdivision 3, is amended to read: 
 81.21     Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
 81.22  provided in subdivision 4, if the child has been placed in a 
 81.23  residential facility pursuant to a voluntary release by the 
 81.24  parent or parents, and is not returned home within six months 90 
 81.25  days after initial placement in the residential facility, the 
 81.26  social service agency responsible for the placement shall: 
 81.27     (1) return the child to the home of the parent or parents; 
 81.28  or 
 81.29     (2) file an appropriate a petition pursuant to section 
 81.30  260.131 or 260.231 to extend the placement for 90 days. 
 81.31     The case plan must be updated when a petition is filed and 
 81.32  must include a specific plan for permanency.  The parent, legal 
 81.33  guardian, or legal custodian and child have a right to counsel 
 81.34  at this hearing and the court shall appoint counsel at public 
 81.35  expense if they are unable to afford counsel. 
 81.36     If the court approves the extension, at the end of the 
 82.1   second 90-day period, the child must be returned to the parent's 
 82.2   home, unless a petition is filed for a child in need of 
 82.3   protection or services. 
 82.4      Sec. 7.  Minnesota Statutes 1996, section 257.071, 
 82.5   subdivision 4, is amended to read: 
 82.6      Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 82.7   EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
 82.8   disabled child, as that term is defined in United States Code, 
 82.9   title 42, section 6001 (7), as amended through December 31, 
 82.10  1979, or a child diagnosed with an emotional handicap as defined 
 82.11  in section 252.27, subdivision 1a, has been placed in a 
 82.12  residential facility pursuant to a voluntary release by the 
 82.13  child's parent or parents because of the child's handicapping 
 82.14  conditions or need for long-term residential treatment or 
 82.15  supervision, the social service agency responsible for the 
 82.16  placement shall bring a petition for review of the child's 
 82.17  foster care status, pursuant to section 260.131, subdivision 1a, 
 82.18  rather than a petition as required by subdivision 3, clause 
 82.19  (b) section 260.191, subdivision 3b, after the child has been in 
 82.20  foster care for 18 six months or, in the case of a child with an 
 82.21  emotional handicap, after the child has been in a residential 
 82.22  facility for six months.  Whenever a petition for review is 
 82.23  brought pursuant to this subdivision, a guardian ad litem shall 
 82.24  be appointed for the child. 
 82.25     Sec. 8.  Minnesota Statutes 1996, section 257.072, 
 82.26  subdivision 1, is amended to read: 
 82.27     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
 82.28  authorized child-placing agency shall make special efforts to 
 82.29  recruit a foster family from among the child's relatives, except 
 82.30  as authorized in section 260.181, subdivision 3.  Each agency 
 82.31  shall provide for diligent recruitment of potential foster 
 82.32  families that reflect the ethnic and racial diversity of the 
 82.33  children in the state for whom foster homes are needed.  Special 
 82.34  efforts include contacting and working with community 
 82.35  organizations and religious organizations and may include 
 82.36  contracting with these organizations, utilizing local media and 
 83.1   other local resources, conducting outreach activities, and 
 83.2   increasing the number of minority recruitment staff employed by 
 83.3   the agency.  The requirement of special efforts to locate 
 83.4   relatives in this section is satisfied if on the earlier of the 
 83.5   following occasions: 
 83.6      (1) the child is placed with a relative who is interested 
 83.7   in providing a permanent placement for the child; or 
 83.8      (2) the responsible child-placing agency has made 
 83.9   appropriate special efforts for six months following the child's 
 83.10  placement in a residential facility and the court approves the 
 83.11  agency's efforts pursuant to section 260.191, subdivision 3a.  
 83.12  The agency may accept any gifts, grants, offers of services, and 
 83.13  other contributions to use in making special recruitment efforts.
 83.14     Sec. 9.  Minnesota Statutes 1996, section 259.41, is 
 83.15  amended to read: 
 83.16     259.41 [ADOPTION STUDY.] 
 83.17     An adoption study and written report must be completed 
 83.18  before the child is placed in a prospective adoptive home under 
 83.19  this chapter and the study must be completed and filed with the 
 83.20  court at the time the adoption petition is filed.  In a direct 
 83.21  adoptive placement, the report must be filed with the court in 
 83.22  support of a motion for temporary preadoptive custody under 
 83.23  section 259.47, subdivision 3.  The study and report shall be 
 83.24  completed by a licensed child-placing agency and must be 
 83.25  thorough and comprehensive.  The study and report shall be paid 
 83.26  for by the prospective adoptive parent, except as otherwise 
 83.27  required under section 259.67 or 259.73.  
 83.28     A stepparent adoption is not subject to this section. 
 83.29     In the case of a licensed foster parent seeking to adopt a 
 83.30  child who is in the foster parent's care, any portions of the 
 83.31  foster care licensing process that duplicate requirements of the 
 83.32  home study may be submitted in satisfaction of the relevant 
 83.33  requirements of this section. 
 83.34     At a minimum, the study must include the following about 
 83.35  the prospective adoptive parent: 
 83.36     (1) a check of criminal conviction data, data on 
 84.1   substantiated maltreatment of a child under section 626.556, and 
 84.2   domestic violence data of each person over the age of 13 living 
 84.3   in the home.  The prospective adoptive parents, the bureau of 
 84.4   criminal apprehension, and other state, county, and local 
 84.5   agencies, after written notice to the subject of the study, 
 84.6   shall give the agency completing the adoption study 
 84.7   substantiated criminal conviction data and reports about 
 84.8   maltreatment of minors and vulnerable adults and domestic 
 84.9   violence.  The adoption study must also include a check of the 
 84.10  juvenile court records of each person over the age of 13 living 
 84.11  in the home.  Notwithstanding provisions of section 260.161 to 
 84.12  the contrary, the juvenile court shall release the requested 
 84.13  information to the agency completing the adoption study.  The 
 84.14  study must include an evaluation of the effect of a conviction 
 84.15  or finding of substantiated maltreatment on the ability to care 
 84.16  for a child; 
 84.17     (2) medical and social history and current health; 
 84.18     (3) assessment of potential parenting skills; 
 84.19     (4) ability to provide adequate financial support for a 
 84.20  child; and 
 84.21     (5) the level of knowledge and awareness of adoption issues 
 84.22  including where appropriate matters relating to interracial, 
 84.23  cross-cultural, and special needs adoptions. 
 84.24     The adoption study must include at least one in-home visit 
 84.25  with the prospective adoptive parent.  The adoption study is the 
 84.26  basis for completion of a written report.  The report must be in 
 84.27  a format specified by the commissioner and must contain 
 84.28  recommendations regarding the suitability of the subject of the 
 84.29  study to be an adoptive parent.  An adoption study report is 
 84.30  valid for 12 months following its date of completion. 
 84.31     A prospective adoptive parent seeking a study under this 
 84.32  section must authorize access by the agency to any private data 
 84.33  needed to complete the study, must disclose any names used 
 84.34  previously other than the name used at the time of the study, 
 84.35  and must provide a set of fingerprints, which shall be forwarded 
 84.36  to the bureau of criminal apprehension to facilitate the 
 85.1   criminal conviction background check required under clause (1).  
 85.2      Sec. 10.  [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 
 85.3      If an adoptee has resided with a birth relative before 
 85.4   being adopted, adoptive parents and that birth relative may 
 85.5   enter an agreement under this section regarding communication 
 85.6   with or contact between a minor adoptee, adoptive parents, and 
 85.7   the birth relative.  For purposes of this section, "birth 
 85.8   relative" means a parent, stepparent, grandparent, brother, 
 85.9   sister, uncle, or aunt of a minor adoptee.  This relationship 
 85.10  may be by blood or marriage.  For an Indian child, birth 
 85.11  relative includes members of the extended family as defined by 
 85.12  the law or custom of the Indian child's tribe or, in the absence 
 85.13  of laws or custom, nieces, nephews, or first or second cousins, 
 85.14  as provided in the Indian Child Welfare Act, United States Code, 
 85.15  title 25, section 1903. 
 85.16     (a) An agreement regarding communication with or contact 
 85.17  between minor adoptees, adoptive parents, and a birth relative 
 85.18  is not legally enforceable unless the terms of the agreement are 
 85.19  contained in a written court order entered in accordance with 
 85.20  this section.  An order must be sought at the same time a 
 85.21  petition for adoption is filed.  The court shall not enter a 
 85.22  proposed order unless the terms of the order have been approved 
 85.23  in writing by the prospective adoptive parents, a birth relative 
 85.24  who desires to be a party to the agreement, and, if the child is 
 85.25  in the custody or under the guardianship of an agency, a 
 85.26  representative of the agency.  An agreement under this section 
 85.27  need not disclose the identity of the parties to be legally 
 85.28  enforceable.  The court shall not enter a proposed order unless 
 85.29  the court finds that the communication or contact between the 
 85.30  minor adoptee, the adoptive parents, and a birth relative as 
 85.31  agreed upon and contained in the proposed order would be in the 
 85.32  minor adoptee's best interests. 
 85.33     (b) Failure to comply with the terms of an agreed order 
 85.34  regarding communication or contact that has been entered by the 
 85.35  court under this section is not grounds for: 
 85.36     (1) setting aside an adoption decree; or 
 86.1      (2) revocation of a written consent to an adoption after 
 86.2   that consent has become irrevocable. 
 86.3      (c) An agreed order entered under this section may be 
 86.4   enforced or modified by filing a petition or motion with the 
 86.5   family court that includes a certified copy of the order 
 86.6   granting the communication, contact, or visitation, but only if 
 86.7   the petition or motion is accompanied by an affidavit that the 
 86.8   parties have mediated or attempted to mediate any dispute under 
 86.9   the agreement or that the parties agree to a proposed 
 86.10  modification.  The prevailing party may be awarded reasonable 
 86.11  attorney's fees and costs.  The court shall not modify an agreed 
 86.12  order under this section unless it finds that the modification 
 86.13  is necessary to serve the best interests of the minor adoptee, 
 86.14  and: 
 86.15     (1) the modification is agreed to by the adoptive parent 
 86.16  and the birth relative; or 
 86.17     (2) exceptional circumstances have arisen since the agreed 
 86.18  order was entered that justify modification of the order. 
 86.19     Sec. 11.  Minnesota Statutes 1996, section 259.59, is 
 86.20  amended by adding a subdivision to read: 
 86.21     Subd. 3.  [COMMUNICATION OR CONTACT AGREEMENTS.] This 
 86.22  section does not prohibit birth parents and adoptive parents 
 86.23  from entering a communication or contact agreement under section 
 86.24  259.58. 
 86.25     Sec. 12.  Minnesota Statutes 1996, section 259.67, 
 86.26  subdivision 2, is amended to read: 
 86.27     Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
 86.28  agency shall certify a child as eligible for adoption assistance 
 86.29  according to rules promulgated by the commissioner.  When Not 
 86.30  later than 30 days after a parent or parents are found and 
 86.31  approved for adoptive placement of a child certified as eligible 
 86.32  for adoption assistance, and before the final decree of adoption 
 86.33  is issued, a written agreement must be entered into by the 
 86.34  commissioner, the adoptive parent or parents, and the placing 
 86.35  agency.  The written agreement must be in the form prescribed by 
 86.36  the commissioner and must set forth the responsibilities of all 
 87.1   parties, the anticipated duration of the adoption assistance 
 87.2   payments, and the payment terms.  The adoption assistance 
 87.3   agreement shall be subject to the commissioner's approval, which 
 87.4   must be granted or denied not later than 15 days after the 
 87.5   agreement is entered. 
 87.6      The amount of adoption assistance is subject to the 
 87.7   availability of state and federal funds and shall be determined 
 87.8   through agreement with the adoptive parents.  The agreement 
 87.9   shall take into consideration the circumstances of the adopting 
 87.10  parent or parents, the needs of the child being adopted and may 
 87.11  provide ongoing monthly assistance, supplemental maintenance 
 87.12  expenses related to the adopted person's special needs, 
 87.13  nonmedical expenses periodically necessary for purchase of 
 87.14  services, items, or equipment related to the special needs, and 
 87.15  medical expenses.  The placing agency or the adoptive parent or 
 87.16  parents shall provide written documentation to support the need 
 87.17  for adoption assistance payments.  The commissioner may require 
 87.18  periodic reevaluation of adoption assistance payments.  The 
 87.19  amount of ongoing monthly adoption assistance granted may in no 
 87.20  case exceed that which would be allowable for the child under 
 87.21  foster family care and is subject to the availability of state 
 87.22  and federal funds. 
 87.23     Sec. 13.  Minnesota Statutes 1996, section 260.012, is 
 87.24  amended to read: 
 87.25     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 87.26  REUNIFICATION; REASONABLE EFFORTS.] 
 87.27     (a) If a child in need of protection or services is under 
 87.28  the court's jurisdiction, the court shall ensure that reasonable 
 87.29  efforts including culturally appropriate services by the social 
 87.30  service agency are made to prevent placement or to eliminate the 
 87.31  need for removal and to reunite the child with the child's 
 87.32  family at the earliest possible time, consistent with the best 
 87.33  interests, safety, and protection of the child.  The court may, 
 87.34  upon motion and hearing, order the cessation of reasonable 
 87.35  efforts if the court finds that provision of services or further 
 87.36  services for the purpose of rehabilitation and reunification is 
 88.1   futile and therefore unreasonable under the circumstances.  In 
 88.2   the case of an Indian child, in proceedings under sections 
 88.3   260.172, 260.191, and 260.221 the juvenile court must make 
 88.4   findings and conclusions consistent with the Indian Child 
 88.5   Welfare Act of 1978, United States Code, title 25, section 1901 
 88.6   et seq., as to the provision of active efforts.  If a child is 
 88.7   under the court's delinquency jurisdiction, it shall be the duty 
 88.8   of the court to ensure that reasonable efforts are made to 
 88.9   reunite the child with the child's family at the earliest 
 88.10  possible time, consistent with the best interests of the child 
 88.11  and the safety of the public. 
 88.12     (b) "Reasonable efforts" means the exercise of due 
 88.13  diligence by the responsible social service agency to use 
 88.14  appropriate and available services to meet the needs of the 
 88.15  child and the child's family in order to prevent removal of the 
 88.16  child from the child's family; or upon removal, services to 
 88.17  eliminate the need for removal and reunite the family.  Services 
 88.18  may include those listed under section 256F.07, subdivision 3, 
 88.19  and other appropriate services available in the community.  The 
 88.20  social service agency has the burden of demonstrating that it 
 88.21  has made reasonable efforts. or that provision of services or 
 88.22  further services for the purpose of rehabilitation and 
 88.23  reunification is futile and therefore unreasonable under the 
 88.24  circumstances.  Reunification of a surviving child with a parent 
 88.25  is not required if the parent has been convicted of: 
 88.26     (1) a violation of, or an attempt or conspiracy to commit a 
 88.27  violation of, any offense in sections 609.185 to 609.20; 
 88.28  609.222, subdivision 2; or 609.223 in regard to another child of 
 88.29  the parent; 
 88.30     (2) a violation of an offense in section 609.222, 
 88.31  subdivision 2; or 609.223, in regard to the surviving child; or 
 88.32     (3) a violation of, or an attempt or conspiracy to commit a 
 88.33  violation of, United States Code, title 18, section 1111(a) or 
 88.34  1112(a), in regard to another child of the parent. 
 88.35     (c) The juvenile court, in proceedings under sections 
 88.36  260.172, 260.191, and 260.221 shall make findings and 
 89.1   conclusions as to the provision of reasonable efforts.  When 
 89.2   determining whether reasonable efforts have been made, the court 
 89.3   shall consider whether services to the child and family were: 
 89.4      (1) relevant to the safety and protection of the child; 
 89.5      (2) adequate to meet the needs of the child and family; 
 89.6      (3) culturally appropriate; 
 89.7      (4) available and accessible; 
 89.8      (5) consistent and timely; and 
 89.9      (6) realistic under the circumstances. 
 89.10     In the alternative, the court may determine that provision 
 89.11  of services or further services for the purpose of 
 89.12  rehabilitation is futile and therefore unreasonable under the 
 89.13  circumstances. 
 89.14     (d) This section does not prevent out-of-home placement for 
 89.15  treatment of a child with a mental disability when the child's 
 89.16  diagnostic assessment or individual treatment plan indicates 
 89.17  that appropriate and necessary treatment cannot be effectively 
 89.18  provided outside of a residential or inpatient treatment program.
 89.19     Sec. 14.  Minnesota Statutes 1996, section 260.015, 
 89.20  subdivision 2a, is amended to read: 
 89.21     Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 89.22  "Child in need of protection or services" means a child who is 
 89.23  in need of protection or services because the child: 
 89.24     (1) is abandoned or without parent, guardian, or custodian; 
 89.25     (2)(i) has been a victim of physical or sexual abuse, or 
 89.26  (ii) resides with or has resided with a victim of domestic child 
 89.27  abuse as defined in subdivision 24, (iii) resides with or would 
 89.28  reside with a perpetrator of domestic child abuse or child abuse 
 89.29  as defined in subdivision 28, or (iv) is a victim of emotional 
 89.30  maltreatment as defined in subdivision 5a; 
 89.31     (3) is without necessary food, clothing, shelter, 
 89.32  education, or other required care for the child's physical or 
 89.33  mental health or morals because the child's parent, guardian, or 
 89.34  custodian is unable or unwilling to provide that care; 
 89.35     (4) is without the special care made necessary by a 
 89.36  physical, mental, or emotional condition because the child's 
 90.1   parent, guardian, or custodian is unable or unwilling to provide 
 90.2   that care; 
 90.3      (5) is medically neglected, which includes, but is not 
 90.4   limited to, the withholding of medically indicated treatment 
 90.5   from a disabled infant with a life-threatening condition.  The 
 90.6   term "withholding of medically indicated treatment" means the 
 90.7   failure to respond to the infant's life-threatening conditions 
 90.8   by providing treatment, including appropriate nutrition, 
 90.9   hydration, and medication which, in the treating physician's or 
 90.10  physicians' reasonable medical judgment, will be most likely to 
 90.11  be effective in ameliorating or correcting all conditions, 
 90.12  except that the term does not include the failure to provide 
 90.13  treatment other than appropriate nutrition, hydration, or 
 90.14  medication to an infant when, in the treating physician's or 
 90.15  physicians' reasonable medical judgment: 
 90.16     (i) the infant is chronically and irreversibly comatose; 
 90.17     (ii) the provision of the treatment would merely prolong 
 90.18  dying, not be effective in ameliorating or correcting all of the 
 90.19  infant's life-threatening conditions, or otherwise be futile in 
 90.20  terms of the survival of the infant; or 
 90.21     (iii) the provision of the treatment would be virtually 
 90.22  futile in terms of the survival of the infant and the treatment 
 90.23  itself under the circumstances would be inhumane; 
 90.24     (6) is one whose parent, guardian, or other custodian for 
 90.25  good cause desires to be relieved of the child's care and 
 90.26  custody; 
 90.27     (7) has been placed for adoption or care in violation of 
 90.28  law; 
 90.29     (8) is without proper parental care because of the 
 90.30  emotional, mental, or physical disability, or state of 
 90.31  immaturity of the child's parent, guardian, or other custodian; 
 90.32     (9) is one whose behavior, condition, or environment is 
 90.33  such as to be injurious or dangerous to the child or others.  An 
 90.34  injurious or dangerous environment may include, but is not 
 90.35  limited to, the exposure of a child to criminal activity in the 
 90.36  child's home; 
 91.1      (10) has committed a delinquent act before becoming ten 
 91.2   years old; 
 91.3      (11) is a runaway; 
 91.4      (12) is an habitual truant; or 
 91.5      (13) has been found incompetent to proceed or has been 
 91.6   found not guilty by reason of mental illness or mental 
 91.7   deficiency in connection with a delinquency proceeding, a 
 91.8   certification under section 260.125, an extended jurisdiction 
 91.9   juvenile prosecution, or a proceeding involving a juvenile petty 
 91.10  offense; or 
 91.11     (14) is one whose custodial parent's parental rights to 
 91.12  another child have been involuntarily terminated within the past 
 91.13  five years. 
 91.14     Sec. 15.  Minnesota Statutes 1996, section 260.015, 
 91.15  subdivision 29, is amended to read: 
 91.16     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 91.17  infliction of bodily harm to a child or neglect of a child which 
 91.18  demonstrates a grossly inadequate ability to provide minimally 
 91.19  adequate parental care.  The egregious harm need not have 
 91.20  occurred in the state or in the county where a termination of 
 91.21  parental rights action is otherwise properly venued.  Egregious 
 91.22  harm includes, but is not limited to: 
 91.23     (1) conduct towards a child that constitutes a violation of 
 91.24  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 91.25  any other similar law of the United States or any other state; 
 91.26     (2) the infliction of "substantial bodily harm" to a child, 
 91.27  as defined in section 609.02, subdivision 8; 
 91.28     (3) conduct towards a child that constitutes felony 
 91.29  malicious punishment of a child under section 609.377; 
 91.30     (4) conduct towards a child that constitutes felony 
 91.31  unreasonable restraint of a child under section 609.255, 
 91.32  subdivision 3; 
 91.33     (5) conduct towards a child that constitutes felony neglect 
 91.34  or endangerment of a child under section 609.378; 
 91.35     (6) conduct towards a child that constitutes assault under 
 91.36  section 609.221, 609.222, or 609.223; 
 92.1      (7) conduct towards a child that constitutes solicitation, 
 92.2   inducement, or promotion of prostitution under section 609.322; 
 92.3   or 
 92.4      (8) conduct towards a child that constitutes receiving 
 92.5   profit derived from prostitution under section 609.323; or 
 92.6      (9) conduct toward a child that constitutes a violation of 
 92.7   United States Code, title 18, section 1111(a) or 1112(a). 
 92.8      Sec. 16.  Minnesota Statutes 1996, section 260.131, 
 92.9   subdivision 1, is amended to read: 
 92.10     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
 92.11  reputable person, including but not limited to any agent of the 
 92.12  commissioner of human services, having knowledge of a child in 
 92.13  this state or of a child who is a resident of this state, who 
 92.14  appears to be delinquent, in need of protection or services, or 
 92.15  neglected and in foster care, may petition the juvenile court in 
 92.16  the manner provided in this section. 
 92.17     (b) A petition for a child in need of protection filed by 
 92.18  an individual who is not a county attorney or an agent of the 
 92.19  commissioner of human services shall be filed on a form 
 92.20  developed by the state court administrator and provided to court 
 92.21  administrators.  Copies of the form may be obtained from the 
 92.22  court administrator in each county.  The court administrator 
 92.23  shall review the petition before it is filed to determine that 
 92.24  it is completed.  The court administrator may reject the 
 92.25  petition if it does not indicate that the petitioner has 
 92.26  contacted the local social service agency. 
 92.27     An individual may file a petition under this subdivision 
 92.28  without seeking internal review of the local social service 
 92.29  agency's decision.  The court shall determine whether there is 
 92.30  probable cause to believe that a need for protection or services 
 92.31  exists before the matter is set for hearing.  If the matter is 
 92.32  set for hearing, the court administrator shall notify the local 
 92.33  social service agency by sending notice to the county attorney. 
 92.34     The petition must contain: 
 92.35     (1) a statement of facts that would establish, if proven, 
 92.36  that there is a need for protection or services for the child 
 93.1   named in the petition; 
 93.2      (2) a statement that petitioner has reported the 
 93.3   circumstances underlying the petition to the local social 
 93.4   service agency, and protection or services were not provided to 
 93.5   the child; 
 93.6      (3) a statement whether there are existing juvenile or 
 93.7   family court custody orders or pending proceedings in juvenile 
 93.8   or family court concerning the child; and 
 93.9      (4) a statement of the relationship of the petitioner to 
 93.10  the child and any other parties. 
 93.11     The court may not allow a petition to proceed under this 
 93.12  paragraph if it appears that the sole purpose of the petition is 
 93.13  to modify custody between the parents. 
 93.14     Sec. 17.  Minnesota Statutes 1996, section 260.131, 
 93.15  subdivision 2, is amended to read: 
 93.16     Subd. 2.  The petition shall be verified by the person 
 93.17  having knowledge of the facts and may be on information and 
 93.18  belief.  Unless otherwise provided by this section or by rule or 
 93.19  order of the court, the county attorney shall draft the petition 
 93.20  upon the showing of reasonable grounds to support the petition. 
 93.21     Sec. 18.  Minnesota Statutes 1996, section 260.155, 
 93.22  subdivision 1a, is amended to read: 
 93.23     Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 93.24  who is the subject of a petition, and the parents, guardian, or 
 93.25  lawful legal custodian of the child have the right to 
 93.26  participate in all proceedings on a petition.  Official tribal 
 93.27  representatives have the right to participate in any proceeding 
 93.28  that is subject to the Indian Child Welfare Act of 1978, United 
 93.29  States Code, title 25, sections 1901 to 1963. 
 93.30     Any grandparent of the child has a right to participate in 
 93.31  the proceedings to the same extent as a parent, if the child has 
 93.32  lived with the grandparent within the two years preceding the 
 93.33  filing of the petition.  At the first hearing following the 
 93.34  filing of a petition, the court shall ask whether the child has 
 93.35  lived with a grandparent within the last two years, except that 
 93.36  the court need not make this inquiry if the petition states that 
 94.1   the child did not live with a grandparent during this time 
 94.2   period.  Failure to notify a grandparent of the proceedings is 
 94.3   not a jurisdictional defect. 
 94.4      If, in a proceeding involving a child in need of protection 
 94.5   or services, the local social service agency recommends transfer 
 94.6   of permanent legal and physical custody to a relative, the 
 94.7   relative has a right to participate as a party, and thereafter 
 94.8   shall receive notice of any hearing in the proceedings.  The 
 94.9   relative has a right to counsel for proceedings on the permanent 
 94.10  placement and the court shall appoint counsel at public expense 
 94.11  if they are unable to afford counsel.  After placement, the 
 94.12  relative does not have a right to counsel appointed at public 
 94.13  expense in any subsequent proceeding to modify the permanent 
 94.14  placement. 
 94.15     Sec. 19.  Minnesota Statutes 1996, section 260.155, 
 94.16  subdivision 2, is amended to read:  
 94.17     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 94.18  guardian or custodian has the right to effective assistance of 
 94.19  counsel in connection with a proceeding in juvenile court.  This 
 94.20  right does not apply to a child who is charged with a juvenile 
 94.21  petty offense as defined in section 260.015, subdivision 21, 
 94.22  unless the child is charged with a third or subsequent juvenile 
 94.23  alcohol or controlled substance offense and may be subject to 
 94.24  the alternative disposition described in section 260.195, 
 94.25  subdivision 4.  
 94.26     (b) The court shall appoint counsel, or stand-by counsel if 
 94.27  the child waives the right to counsel, for a child who is: 
 94.28     (1) charged by delinquency petition with a gross 
 94.29  misdemeanor or felony offense; or 
 94.30     (2) the subject of a delinquency proceeding in which 
 94.31  out-of-home placement has been proposed. 
 94.32     (c) If they desire counsel but are unable to employ it, the 
 94.33  court shall appoint counsel to represent the child or the 
 94.34  parents or guardian in any case in which it feels that such an 
 94.35  appointment is desirable appropriate, except a juvenile petty 
 94.36  offender who does not have the right to counsel under paragraph 
 95.1   (a).  
 95.2      (d) Counsel for the child shall not also act as the child's 
 95.3   guardian ad litem.  
 95.4      (e) In any proceeding where the subject of a petition for a 
 95.5   child in need of protection or services is not represented by an 
 95.6   attorney, the court shall determine the child's preferences 
 95.7   regarding the proceedings, if the child is of suitable age to 
 95.8   express a preference. 
 95.9      Sec. 20.  Minnesota Statutes 1996, section 260.155, 
 95.10  subdivision 3, is amended to read: 
 95.11     Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
 95.12  proceedings, the county attorney shall present the evidence upon 
 95.13  request of the court.  In representing the agency, the county 
 95.14  attorney shall also have the responsibility for advancing the 
 95.15  public interest in the welfare of the child. 
 95.16     Sec. 21.  Minnesota Statutes 1996, section 260.155, 
 95.17  subdivision 4, is amended to read: 
 95.18     Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 95.19  a guardian ad litem to protect the interests of the minor when 
 95.20  it appears, at any stage of the proceedings, that the minor is 
 95.21  without a parent or guardian, or that the minor's parent is a 
 95.22  minor or incompetent, or that the parent or guardian is 
 95.23  indifferent or hostile to the minor's interests, and in every 
 95.24  proceeding alleging a child's need for protection or services 
 95.25  under section 260.015, subdivision 2a, clauses (1) to (10).  In 
 95.26  any other case the court may appoint a guardian ad litem to 
 95.27  protect the interests of the minor when the court feels that 
 95.28  such an appointment is desirable.  The court shall appoint the 
 95.29  guardian ad litem on its own motion or in the manner provided 
 95.30  for the appointment of a guardian ad litem in the district 
 95.31  court.  The court may appoint separate counsel for the guardian 
 95.32  ad litem if necessary.  
 95.33     (b) A guardian ad litem shall carry out the following 
 95.34  responsibilities: 
 95.35     (1) conduct an independent investigation to determine the 
 95.36  facts relevant to the situation of the child and the family, 
 96.1   which must include, unless specifically excluded by the court, 
 96.2   reviewing relevant documents; meeting with and observing the 
 96.3   child in the home setting and considering the child's wishes, as 
 96.4   appropriate; and interviewing parents, caregivers, and others 
 96.5   with knowledge relevant to the case; 
 96.6      (2) advocate for the child's best interests by 
 96.7   participating in appropriate aspects of the case and advocating 
 96.8   for appropriate community services when necessary; 
 96.9      (3) maintain the confidentiality of information related to 
 96.10  a case, with the exception of sharing information as permitted 
 96.11  by law to promote cooperative solutions that are in the best 
 96.12  interests of the child; 
 96.13     (4) monitor the child's best interests throughout the 
 96.14  judicial proceeding; and 
 96.15     (5) present written reports on the child's best interests 
 96.16  that include conclusions and recommendations and the facts upon 
 96.17  which they are based. 
 96.18     (c) The court may waive the appointment of a guardian ad 
 96.19  litem pursuant to clause (a), whenever counsel has been 
 96.20  appointed pursuant to subdivision 2 or is retained otherwise, 
 96.21  and the court is satisfied that the interests of the minor are 
 96.22  protected. 
 96.23     (d) In appointing a guardian ad litem pursuant to clause 
 96.24  (a), the court shall not appoint the party, or any agent or 
 96.25  employee thereof, filing a petition pursuant to section 260.131. 
 96.26     (e) The following factors shall be considered when 
 96.27  appointing a guardian ad litem in a case involving an Indian or 
 96.28  minority child: 
 96.29     (1) whether a person is available who is the same racial or 
 96.30  ethnic heritage as the child or, if that is not possible; 
 96.31     (2) whether a person is available who knows and appreciates 
 96.32  the child's racial or ethnic heritage. 
 96.33     Sec. 22.  Minnesota Statutes 1996, section 260.155, 
 96.34  subdivision 8, is amended to read: 
 96.35     Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
 96.36  has under this chapter must be an express waiver voluntarily and 
 97.1   intelligently made by the child after the child has been fully 
 97.2   and effectively informed of the right being waived.  If a child 
 97.3   is under 12 years of age, the child's parent, guardian or 
 97.4   custodian shall give any waiver or offer any objection 
 97.5   contemplated by this chapter not represented by counsel, any 
 97.6   waiver must be given or any objection must be offered by the 
 97.7   child's guardian ad litem. 
 97.8      (b) Waiver of a child's right to be represented by counsel 
 97.9   provided under the juvenile court rules must be an express 
 97.10  waiver voluntarily and intelligently made by the child after the 
 97.11  child has been fully and effectively informed of the right being 
 97.12  waived.  In determining whether a child has voluntarily and 
 97.13  intelligently waived the right to counsel, the court shall look 
 97.14  to the totality of the circumstances which includes but is not 
 97.15  limited to the child's age, maturity, intelligence, education, 
 97.16  experience, and ability to comprehend, and the presence and 
 97.17  competence of the child's parents, guardian, or guardian ad 
 97.18  litem.  If the court accepts the child's waiver, it shall state 
 97.19  on the record the findings and conclusions that form the basis 
 97.20  for its decision to accept the waiver. 
 97.21     Sec. 23.  Minnesota Statutes 1996, section 260.161, is 
 97.22  amended by adding a subdivision to read: 
 97.23     Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
 97.24  representing a child, parent, or guardian ad litem in a 
 97.25  proceeding under this chapter shall be given access to records, 
 97.26  local social service agency files, and reports which form the 
 97.27  basis of any recommendation made to the court.  An attorney does 
 97.28  not have access under this subdivision to the identity of a 
 97.29  person who made a report under section 626.556.  The court may 
 97.30  issue protective orders to prohibit an attorney from sharing a 
 97.31  specified record or portion of a record with a client other than 
 97.32  a guardian ad litem. 
 97.33     Sec. 24.  Minnesota Statutes 1996, section 260.165, 
 97.34  subdivision 3, is amended to read: 
 97.35     Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
 97.36  officer takes a child into custody for shelter care or relative 
 98.1   placement pursuant to subdivision 1; section 260.135, 
 98.2   subdivision 5; or section 260.145, the officer shall notify the 
 98.3   parent or custodian that under section 260.173, subdivision 2, 
 98.4   the parent or custodian may request that the child be placed 
 98.5   with a relative or a designated parent under chapter 257A 
 98.6   instead of in a shelter care facility.  The officer also shall 
 98.7   give the parent or custodian of the child a list of names, 
 98.8   addresses, and telephone numbers of social service agencies that 
 98.9   offer child welfare services.  If the parent or custodian was 
 98.10  not present when the child was removed from the residence, the 
 98.11  list shall be left with an adult on the premises or left in a 
 98.12  conspicuous place on the premises if no adult is present.  If 
 98.13  the officer has reason to believe the parent or custodian is not 
 98.14  able to read and understand English, the officer must provide a 
 98.15  list that is written in the language of the parent or 
 98.16  custodian.  The list shall be prepared by the commissioner of 
 98.17  human services.  The commissioner shall prepare lists for each 
 98.18  county and provide each county with copies of the list without 
 98.19  charge.  The list shall be reviewed annually by the commissioner 
 98.20  and updated if it is no longer accurate.  Neither the 
 98.21  commissioner nor any peace officer or the officer's employer 
 98.22  shall be liable to any person for mistakes or omissions in the 
 98.23  list.  The list does not constitute a promise that any agency 
 98.24  listed will in fact assist the parent or custodian. 
 98.25     Sec. 25.  Minnesota Statutes 1996, section 260.191, 
 98.26  subdivision 3a, is amended to read: 
 98.27     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 98.28  the court places a child in a residential facility, as defined 
 98.29  in section 257.071, subdivision 1, the court shall review the 
 98.30  out-of-home placement at least every six months to determine 
 98.31  whether continued out-of-home placement is necessary and 
 98.32  appropriate or whether the child should be returned home.  The 
 98.33  court shall review agency efforts pursuant to section 257.072, 
 98.34  subdivision 1, and order that the efforts continue if the agency 
 98.35  has failed to perform the duties under that section.  The court 
 98.36  shall review the case plan and may modify the case plan as 
 99.1   provided under subdivisions 1e and 2.  If the court orders 
 99.2   continued out-of-home placement, the court shall notify the 
 99.3   parents of the provisions of subdivision 3b. 
 99.4      (b) When the court determines that a permanent placement 
 99.5   hearing is necessary because there is a likelihood that the 
 99.6   child will not return to a parent's care, the court may 
 99.7   authorize the agency with custody of the child to send the 
 99.8   notice provided in this paragraph to any adult with whom the 
 99.9   child is currently residing, any adult with whom the child has 
 99.10  resided for one year or longer in the past, any adult who has 
 99.11  maintained a relationship or exercised visitation with the child 
 99.12  as identified in the agency case plan for the child or 
 99.13  demonstrated an interest in the child, and any relative who has 
 99.14  provided a current address to the local social service agency.  
 99.15  This notice must not be provided to a parent whose parental 
 99.16  rights to the child have been terminated under section 260.221, 
 99.17  subdivision 1.  The notice must state that a permanent home is 
 99.18  sought for the child and that individuals receiving the notice 
 99.19  may indicate to the agency within 30 days their interest in 
 99.20  providing a permanent home.  
 99.21     Sec. 26.  Minnesota Statutes 1996, section 260.191, 
 99.22  subdivision 3b, is amended to read: 
 99.23     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 99.24  PLACEMENT DETERMINATION.] (a) If the court places a child in a 
 99.25  residential facility, as defined in section 257.071, subdivision 
 99.26  1, The court shall conduct a hearing to determine the permanent 
 99.27  status of the a child not later than 12 months after the child 
 99.28  was is placed out of the home of the parent.  
 99.29     For purposes of this subdivision, the date of the child's 
 99.30  placement out of the home of the parent is the earlier of the 
 99.31  first court-ordered placement or the first court approved 
 99.32  placement under section 257.071, subdivision 3, of a child who 
 99.33  had been in voluntary placement. 
 99.34     For purposes of this subdivision, 12 months is calculated 
 99.35  as follows: 
 99.36     (1) during the pendency of a petition alleging that a child 
100.1   is in need of protection or services, all time periods a child 
100.2   is placed out of the home of the parent are cumulated; 
100.3      (2) if a child has been placed out of the home of the 
100.4   parent within the previous five years in connection with one or 
100.5   more prior petitions for a child in need of protection or 
100.6   services, the length of all prior time periods the child was 
100.7   placed out of the home within the previous five years and under 
100.8   the current petition, are cumulated.  If a child under this 
100.9   clause has been out of the home for 12 months or more, the 
100.10  court, if it is in the best interests of the child, may extend 
100.11  the total time the child may continue out of the home under the 
100.12  current petition up to an additional six months before making a 
100.13  permanency determination.  
100.14     (b) Not later than ten days prior to this hearing, the 
100.15  responsible social service agency shall file pleadings to 
100.16  establish the basis for the permanent placement determination.  
100.17  Notice of the hearing and copies of the pleadings must be 
100.18  provided pursuant to section 260.141.  If a termination of 
100.19  parental rights petition is filed before the date required for 
100.20  the permanency planning determination, no hearing need be 
100.21  conducted under this section subdivision.  The court shall 
100.22  determine whether the child is to be returned home or, if not, 
100.23  what permanent placement is consistent with the child's best 
100.24  interests.  The "best interests of the child" means all relevant 
100.25  factors to be considered and evaluated. 
100.26     (c) If the child is not returned to the home, the 
100.27  dispositions available for permanent placement determination are:
100.28     (1) permanent legal and physical custody to a relative 
100.29  pursuant to the standards and procedures applicable under 
100.30  chapter 257 or 518 in the best interests of the child.  The 
100.31  social service agency may petition on behalf of the proposed 
100.32  custodian; 
100.33     (2) termination of parental rights and adoption; the social 
100.34  service agency shall file a petition for termination of parental 
100.35  rights under section 260.231 and all the requirements of 
100.36  sections 260.221 to 260.245 remain applicable.  An adoption 
101.1   ordered under this subdivision may include an agreement for 
101.2   communication or contact under section 259.58; or 
101.3      (3) long-term foster care; transfer of legal custody and 
101.4   adoption are preferred permanency options for a child who cannot 
101.5   return home.  The court may order a child into long-term foster 
101.6   care only if it finds that neither an award of legal and 
101.7   physical custody to a relative, nor termination of parental 
101.8   rights nor adoption is in the child's best interests.  Further, 
101.9   the court may only order long-term foster care for the child 
101.10  under this section if it finds the following: 
101.11     (i) the child has reached age 12 and reasonable efforts by 
101.12  the responsible social service agency have failed to locate an 
101.13  adoptive family for the child; or 
101.14     (ii) the child is a sibling of a child described in clause 
101.15  (i) and the siblings have a significant positive relationship 
101.16  and are ordered into the same long-term foster care home.; or 
101.17     (4) foster care for a specified period of time may be 
101.18  ordered only if: 
101.19     (i) the sole basis for an adjudication that a child is in 
101.20  need of protection or services is that the child is a runaway, 
101.21  is an habitual truant, or committed a delinquent act before age 
101.22  ten; and 
101.23     (ii) the court finds that foster care for a specified 
101.24  period of time is in the best interests of the child. 
101.25     (b) The court may extend the time period for determination 
101.26  of permanent placement to 18 months after the child was placed 
101.27  in a residential facility if: 
101.28     (1) there is a substantial probability that the child will 
101.29  be returned home within the next six months; 
101.30     (2) the agency has not made reasonable, or, in the case of 
101.31  an Indian child, active efforts, to correct the conditions that 
101.32  form the basis of the out-of-home placement; or 
101.33     (3) extraordinary circumstances exist precluding a 
101.34  permanent placement determination, in which case the court shall 
101.35  make written findings documenting the extraordinary 
101.36  circumstances and order one subsequent review after six months 
102.1   to determine permanent placement.  A court finding that 
102.2   extraordinary circumstances exist precluding a permanent 
102.3   placement determination must be supported by detailed factual 
102.4   findings regarding those circumstances. 
102.5      (c) (d) In ordering a permanent placement of a child, the 
102.6   court must be governed by the best interests of the child, 
102.7   including a review of the relationship between the child and 
102.8   relatives and the child and other important persons with whom 
102.9   the child has resided or had significant contact. 
102.10     (d) (e) Once a permanent placement determination has been 
102.11  made and permanent placement has been established, further 
102.12  reviews are only necessary if the placement is made under 
102.13  paragraph (c), clause (4), review is otherwise required by 
102.14  federal law, an adoption has not yet been finalized, or there is 
102.15  a disruption of the permanent or long-term placement.  If 
102.16  required, reviews must take place no less frequently than every 
102.17  six months. 
102.18     (e) (f) An order under this subdivision must include the 
102.19  following detailed findings: 
102.20     (1) how the child's best interests are served by the order; 
102.21     (2) the nature and extent of the responsible social service 
102.22  agency's reasonable efforts, or, in the case of an Indian child, 
102.23  active efforts, to reunify the child with the parent or parents; 
102.24     (3) the parent's or parents' efforts and ability to use 
102.25  services to correct the conditions which led to the out-of-home 
102.26  placement; 
102.27     (4) whether the conditions which led to the out-of-home 
102.28  placement have been corrected so that the child can return home; 
102.29  and 
102.30     (5) if the child cannot be returned home, whether there is 
102.31  a substantial probability of the child being able to return home 
102.32  in the next six months.  
102.33     (f) (g) An order for permanent legal and physical custody 
102.34  of a child may be modified under sections 518.18 and 518.185.  
102.35  The social service agency is a party to the proceeding and must 
102.36  receive notice.  An order for long-term foster care is 
103.1   reviewable upon motion and a showing by the parent of a 
103.2   substantial change in the parent's circumstances such that the 
103.3   parent could provide appropriate care for the child and that 
103.4   removal of the child from the child's permanent placement and 
103.5   the return to the parent's care would be in the best interest of 
103.6   the child. 
103.7      Sec. 27.  Minnesota Statutes 1996, section 260.191, 
103.8   subdivision 4, is amended to read: 
103.9      Subd. 4.  [CONTINUANCE OF CASE.] When If it is in the best 
103.10  interests of the child or the child's parents to do so and when 
103.11  either if the allegations contained in the petition have been 
103.12  admitted, or when a hearing has been held as provided in section 
103.13  260.155 and the allegations contained in the petition have been 
103.14  duly proven, before the entry of a finding of need for 
103.15  protection or services or a finding that a child is neglected 
103.16  and in foster care has been entered, the court may continue the 
103.17  case for a period not to exceed 90 days on any one order.  Such 
103.18  a continuance may be extended for one additional successive 
103.19  period not to exceed 90 days and only after the court has 
103.20  reviewed the case and entered its order for an additional 
103.21  continuance without a finding that the child is in need of 
103.22  protection or services or neglected and in foster care.  During 
103.23  this continuance the court may enter any order otherwise 
103.24  permitted under the provisions of this section.  Following the 
103.25  90-day continuance: 
103.26     (1) if both the parent and child have complied with the 
103.27  terms of the continuance, the case must be dismissed without an 
103.28  adjudication that the child is in need of protection or services 
103.29  or that the child is neglected and in foster care; or 
103.30     (2) if either the parent or child has not complied with the 
103.31  terms of the continuance, the court shall adjudicate the child 
103.32  in need of protection or services or neglected and in foster 
103.33  care. 
103.34     Sec. 28.  Minnesota Statutes 1996, section 260.192, is 
103.35  amended to read: 
103.36     260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
104.1      Upon a petition for review of the foster care status of a 
104.2   child, the court may:  
104.3      (a) In the case of a petition required to be filed under 
104.4   section 257.071, subdivision 3, find that the child's needs are 
104.5   being met, that the child's placement in foster care is in the 
104.6   best interests of the child, and that the child will be returned 
104.7   home in the next six months, in which case the court shall 
104.8   approve the voluntary arrangement and continue the matter for 
104.9   six months to assure the child returns to the parent's home.  
104.10     (b) In the case of a petition required to be filed under 
104.11  section 257.071, subdivision 4, find that the child's needs are 
104.12  being met and that the child's placement in foster care is in 
104.13  the best interests of the child, in which case the court shall 
104.14  approve the voluntary arrangement.  The court shall order the 
104.15  social service agency responsible for the placement to bring a 
104.16  petition under section 260.131, subdivision 1 or 1a, as 
104.17  appropriate, within two years 12 months. 
104.18     (c) Find that the child's needs are not being met, in which 
104.19  case the court shall order the social service agency or the 
104.20  parents to take whatever action is necessary and feasible to 
104.21  meet the child's needs, including, when appropriate, the 
104.22  provision by the social service agency of services to the 
104.23  parents which would enable the child to live at home, and order 
104.24  a disposition under section 260.191. 
104.25     (d) Find that the child has been abandoned by parents 
104.26  financially or emotionally, or that the developmentally disabled 
104.27  child does not require out-of-home care because of the 
104.28  handicapping condition, in which case the court shall order the 
104.29  social service agency to file an appropriate petition pursuant 
104.30  to sections 260.131, subdivision 1, or 260.231. 
104.31     Nothing in this section shall be construed to prohibit 
104.32  bringing a petition pursuant to section 260.131, subdivision 1 
104.33  or 2, sooner than required by court order pursuant to this 
104.34  section. 
104.35     Sec. 29.  Minnesota Statutes 1996, section 260.221, 
104.36  subdivision 1, is amended to read: 
105.1      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
105.2   court may upon petition, terminate all rights of a parent to a 
105.3   child in the following cases: 
105.4      (a) With the written consent of a parent who for good cause 
105.5   desires to terminate parental rights; or 
105.6      (b) If it finds that one or more of the following 
105.7   conditions exist: 
105.8      (1) that the parent has abandoned the child.  Abandonment 
105.9   is presumed when: 
105.10     (i) the parent has had no contact with the child on a 
105.11  regular basis and no demonstrated, consistent interest in the 
105.12  child's well-being for six months; and 
105.13     (ii) the social service agency has made reasonable efforts 
105.14  to facilitate contact, unless the parent establishes that an 
105.15  extreme financial or physical hardship or treatment for mental 
105.16  disability or chemical dependency or other good cause prevented 
105.17  the parent from making contact with the child.  This presumption 
105.18  does not apply to children whose custody has been determined 
105.19  under chapter 257 or 518.  The court is not prohibited from 
105.20  finding abandonment in the absence of this presumption; or 
105.21     (2) that the parent has substantially, continuously, or 
105.22  repeatedly refused or neglected to comply with the duties 
105.23  imposed upon that parent by the parent and child relationship, 
105.24  including but not limited to providing the child with necessary 
105.25  food, clothing, shelter, education, and other care and control 
105.26  necessary for the child's physical, mental, or emotional health 
105.27  and development, if the parent is physically and financially 
105.28  able, and reasonable efforts by the social service agency have 
105.29  failed to correct the conditions that formed the basis of the 
105.30  petition; or 
105.31     (3) that a parent has been ordered to contribute to the 
105.32  support of the child or financially aid in the child's birth and 
105.33  has continuously failed to do so without good cause.  This 
105.34  clause shall not be construed to state a grounds for termination 
105.35  of parental rights of a noncustodial parent if that parent has 
105.36  not been ordered to or cannot financially contribute to the 
106.1   support of the child or aid in the child's birth; or 
106.2      (4) that a parent is palpably unfit to be a party to the 
106.3   parent and child relationship because of a consistent pattern of 
106.4   specific conduct before the child or of specific conditions 
106.5   directly relating to the parent and child relationship either of 
106.6   which are determined by the court to be of a duration or nature 
106.7   that renders the parent unable, for the reasonably foreseeable 
106.8   future, to care appropriately for the ongoing physical, mental, 
106.9   or emotional needs of the child.  It is presumed that a parent 
106.10  is palpably unfit to be a party to the parent and child 
106.11  relationship upon a showing that: 
106.12     (i) the child was adjudicated in need of protection or 
106.13  services due to circumstances described in section 260.015, 
106.14  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
106.15     (ii) within the three-year period immediately prior to that 
106.16  adjudication, the parent's parental rights to one or more other 
106.17  children were involuntarily terminated under clause (1), (2), 
106.18  (4), or (7), or under clause (5) if the child was initially 
106.19  determined to be in need of protection or services due to 
106.20  circumstances described in section 260.015, subdivision 2a, 
106.21  clause (1), (2), (3), (5), or (8); or 
106.22     (5) that following upon a determination of neglect or 
106.23  dependency, or of a child's need for protection or services, 
106.24  reasonable efforts, under the direction of the court, have 
106.25  failed to correct the conditions leading to the determination.  
106.26  It is presumed that reasonable efforts under this clause have 
106.27  failed upon a showing that: 
106.28     (i) a child has resided out of the parental home under 
106.29  court order for a cumulative period of more than one year within 
106.30  a five-year period following an adjudication of dependency, 
106.31  neglect, need for protection or services under section 260.015, 
106.32  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
106.33  neglected and in foster care, and an order for disposition under 
106.34  section 260.191, including adoption of the case plan required by 
106.35  section 257.071; 
106.36     (ii) conditions leading to the determination will not be 
107.1   corrected within the reasonably foreseeable future.  It is 
107.2   presumed that conditions leading to a child's out-of-home 
107.3   placement will not be corrected in the reasonably foreseeable 
107.4   future upon a showing that the parent or parents have not 
107.5   substantially complied with the court's orders and a reasonable 
107.6   case plan, and the conditions which led to the out-of-home 
107.7   placement have not been corrected; and 
107.8      (iii) reasonable efforts have been made by the social 
107.9   service agency to rehabilitate the parent and reunite the family.
107.10     This clause does not prohibit the termination of parental 
107.11  rights prior to one year after a child has been placed out of 
107.12  the home.  
107.13     It is also presumed that reasonable efforts have failed 
107.14  under this clause upon a showing that: 
107.15     (i) the parent has been diagnosed as chemically dependent 
107.16  by a professional certified to make the diagnosis; 
107.17     (ii) the parent has been required by a case plan to 
107.18  participate in a chemical dependency treatment program; 
107.19     (iii) the treatment programs offered to the parent were 
107.20  culturally, linguistically, and clinically appropriate; 
107.21     (iv) the parent has either failed two or more times to 
107.22  successfully complete a treatment program or has refused at two 
107.23  or more separate meetings with a caseworker to participate in a 
107.24  treatment program; and 
107.25     (v) the parent continues to abuse chemicals.  
107.26  Provided, that this presumption applies only to parents required 
107.27  by a case plan to participate in a chemical dependency treatment 
107.28  program on or after July 1, 1990; or 
107.29     (6) that a child has experienced egregious harm in the 
107.30  parent's care which is of a nature, duration, or chronicity that 
107.31  indicates a lack of regard for the child's well-being, such that 
107.32  a reasonable person would believe it contrary to the best 
107.33  interest of the child or of any child to be in the parent's 
107.34  care; or 
107.35     (7) that in the case of a child born to a mother who was 
107.36  not married to the child's father when the child was conceived 
108.1   nor when the child was born the person is not entitled to notice 
108.2   of an adoption hearing under section 259.49 and either the 
108.3   person has not filed a notice of intent to retain parental 
108.4   rights under section 259.51 or that the notice has been 
108.5   successfully challenged; or 
108.6      (8) that the child is neglected and in foster care. 
108.7   In an action involving an American Indian child, sections 257.35 
108.8   to 257.3579 and the Indian Child Welfare Act, United States 
108.9   Code, title 25, sections 1901 to 1923, control to the extent 
108.10  that the provisions of this section are inconsistent with those 
108.11  laws; or 
108.12     (9) that the parent has been convicted of a crime listed in 
108.13  section 260.012, paragraph (b), clauses (1) to (3). 
108.14     Sec. 30.  Minnesota Statutes 1996, section 260.221, 
108.15  subdivision 5, is amended to read: 
108.16     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
108.17  proceeding under this section, the court shall make specific 
108.18  findings: 
108.19     (1) regarding the nature and extent of efforts made by the 
108.20  social service agency to rehabilitate the parent and reunite the 
108.21  family.; 
108.22     (2) that provision of services or further services for the 
108.23  purpose of rehabilitation and reunification is futile and 
108.24  therefore unreasonable under the circumstances; or 
108.25     (3) that reunification is not required because the parent 
108.26  has been convicted of a crime listed in section 260.012, 
108.27  paragraph (b), clauses (1) to (3). 
108.28     Sec. 31.  Minnesota Statutes 1996, section 260.241, 
108.29  subdivision 1, is amended to read: 
108.30     Subdivision 1.  If, after a hearing, the court finds by 
108.31  clear and convincing evidence that one or more of the conditions 
108.32  set out in section 260.221 exist, it may terminate parental 
108.33  rights.  Upon the termination of parental rights all rights, 
108.34  powers, privileges, immunities, duties, and obligations, 
108.35  including any rights to custody, control, visitation, or support 
108.36  existing between the child and parent shall be severed and 
109.1   terminated and the parent shall have no standing to appear at 
109.2   any further legal proceeding concerning the child.  Provided, 
109.3   however, that a parent whose parental rights are terminated: 
109.4      (1) shall remain liable for the unpaid balance of any 
109.5   support obligation owed under a court order upon the effective 
109.6   date of the order terminating parental rights; and 
109.7      (2) may be a party to a communication or contact agreement 
109.8   under section 259.58. 
109.9      Sec. 32.  Minnesota Statutes 1996, section 260.241, 
109.10  subdivision 3, is amended to read: 
109.11     Subd. 3.  (a) A certified copy of the findings and the 
109.12  order terminating parental rights, and a summary of the court's 
109.13  information concerning the child shall be furnished by the court 
109.14  to the commissioner or the agency to which guardianship is 
109.15  transferred.  The orders shall be on a document separate from 
109.16  the findings.  The court shall furnish the individual to whom 
109.17  guardianship is transferred a copy of the order terminating 
109.18  parental rights. 
109.19     (b) The court shall retain jurisdiction in a case where 
109.20  adoption is the intended permanent placement disposition.  The 
109.21  guardian ad litem and counsel for the child shall continue on 
109.22  the case until an adoption decree is entered.  A hearing must be 
109.23  held every 90 days following termination of parental rights for 
109.24  the court to review progress toward an adoptive placement. 
109.25     (c) The court shall retain jurisdiction in a case where 
109.26  long-term foster care is the permanent disposition.  The 
109.27  guardian ad litem and counsel for the child must be dismissed 
109.28  from the case on the effective date of the permanent placement 
109.29  order.  However, the foster parent and the child, if of 
109.30  sufficient age, must be informed how they may contact a guardian 
109.31  ad litem if the matter is subsequently returned to court. 
109.32     Sec. 33.  [UNIFORM PRIVATE CHIPS PETITION.] 
109.33     The state court administrator shall prepare and make 
109.34  available to court administrators in each county the private 
109.35  CHIPS petition form required by Minnesota Statutes, section 
109.36  260.131, subdivision 1.  
110.1      Sec. 34.  [JUVENILE CODE RECODIFICATION.] 
110.2      The revisor of statutes shall reorganize Minnesota 
110.3   Statutes, chapter 260, and other laws relating to child 
110.4   protection and child welfare services to create separate, 
110.5   comprehensible areas of law dealing with child protection and 
110.6   delinquency in the form of a bill for introduction at the 1998 
110.7   regular legislative session. 
110.8      Sec. 35.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
110.9      The commissioner of human services shall explore strategies 
110.10  and incentives to facilitate recruitment of foster and adoptive 
110.11  families.  The commissioner shall report to the supreme court 
110.12  and the chairs of the committees on the judiciary and on health 
110.13  and human services in the house of representatives and the 
110.14  senate by February 1, 1998, on an action proposal and whether 
110.15  any legislation is needed to implement it. 
110.16     Sec. 36.  [COURT CONTINUITY AND CASE MANAGEMENT.] 
110.17     The chief judges of the district courts, in consultation 
110.18  with the state court administrator, shall develop case 
110.19  management systems so that one judge hears all phases of a 
110.20  proceeding on a child in need of protection or services, 
110.21  including permanent placement or adoption, if any.  The chief 
110.22  judges shall consider the "one judge, one family" model and the 
110.23  experience of the Ramsey county pilot project.  
110.24     Sec. 37.  [SOCIAL SERVICE CONTINUITY.] 
110.25     Whenever feasible, managers and directors of local social 
110.26  service agencies should promote continuity and reduce delays in 
110.27  a case by assigning one person until it concludes in 
110.28  reunification or a permanent placement plan. 
110.29     Sec. 38.  [REPEALER.] 
110.30     Minnesota Statutes 1996, section 259.33, is repealed. 
110.31     Sec. 39.  [EFFECTIVE DATE; APPLICATION.] 
110.32     Section 26, paragraph (a), clause (2), applies to children 
110.33  who were first placed outside the home on or after August 1, 
110.34  1995. 
110.35                             ARTICLE 7 
110.36                           CRIME VICTIMS 
111.1      Section 1.  Minnesota Statutes 1996, section 169.042, 
111.2   subdivision 1, is amended to read: 
111.3      Subdivision 1.  [NOTIFICATION.] A The law enforcement 
111.4   agency that originally received the report of a vehicle theft 
111.5   shall make a reasonable and good-faith effort to notify the 
111.6   victim of a the reported vehicle theft within 48 hours after the 
111.7   agency recovers the vehicle recovering the vehicle or receiving 
111.8   notification that the vehicle has been recovered.  The notice 
111.9   must specify when the recovering law enforcement agency expects 
111.10  to release the vehicle to the owner and how where the owner may 
111.11  pick up the vehicle.  The law enforcement agency that recovers 
111.12  the vehicle must promptly inform the agency that received the 
111.13  theft report that the vehicle is recovered, where the vehicle is 
111.14  located, and when the vehicle can be released to the owner. 
111.15     Sec. 2.  [TITLE.] 
111.16     Sections 3, 4, 8, 9, 10, 12, 13, and 15 shall be known as 
111.17  the "Alex and Brandon Frank Child Safety Act." 
111.18     Sec. 3.  Minnesota Statutes 1996, section 256F.09, 
111.19  subdivision 2, is amended to read: 
111.20     Subd. 2.  [FUNDING.] The commissioner may award grants to 
111.21  create or maintain family visitation centers. 
111.22     In awarding grants to maintain a family visitation center, 
111.23  the commissioner may award a grant to a center that can 
111.24  demonstrate a 35 percent local match, provided the center is 
111.25  diligently exploring and pursuing all available funding options 
111.26  in an effort to become self-sustaining, and those efforts are 
111.27  reported to the commissioner. 
111.28     In awarding grants to create a family visitation center, 
111.29  the commissioner shall give priority to: 
111.30     (1) areas of the state where no other family visitation 
111.31  center or similar facility exists; 
111.32     (2) applicants who demonstrate that private funding for the 
111.33  center is available and will continue; and 
111.34     (3) facilities that are adapted for use to care for 
111.35  children, such as day care centers, religious institutions, 
111.36  community centers, schools, technical colleges, parenting 
112.1   resource centers, and child care referral services.  
112.2      In awarding grants to create or maintain a family 
112.3   visitation center, the commissioner shall require the proposed 
112.4   center to meet standards developed by the commissioner to ensure 
112.5   the safety of the custodial parent and children. 
112.6      Sec. 4.  Minnesota Statutes 1996, section 256F.09, 
112.7   subdivision 3, is amended to read: 
112.8      Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
112.9   center may provide parenting and child development classes, and 
112.10  offer support groups to participating custodial parents and hold 
112.11  regular classes designed to assist children who have experienced 
112.12  domestic violence and abuse.  Each family visitation center must 
112.13  have available an individual knowledgeable about or experienced 
112.14  in the provision of services to battered women on its staff, its 
112.15  board of directors, or otherwise available to it for 
112.16  consultation. 
112.17     Sec. 5.  Minnesota Statutes 1996, section 260.161, 
112.18  subdivision 2, is amended to read: 
112.19     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
112.20  otherwise provided in this section, and except for legal records 
112.21  arising from proceedings or portions of proceedings that are 
112.22  public under section 260.155, subdivision 1, none of the records 
112.23  of the juvenile court and none of the records relating to an 
112.24  appeal from a nonpublic juvenile court proceeding, except the 
112.25  written appellate opinion, shall be open to public inspection or 
112.26  their contents disclosed except (a) by order of a court or, (b) 
112.27  as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
112.28  629.73, or (c) the name of a juvenile who is the subject of a 
112.29  delinquency petition shall be released to the victim of the 
112.30  alleged delinquent act upon the victim's request; unless it 
112.31  reasonably appears that release would interfere with the 
112.32  prosecution of the petition or it reasonably appears that the 
112.33  request is prompted by a desire on the part of the requester to 
112.34  engage in unlawful activities.  The records of juvenile 
112.35  probation officers and county home schools are records of the 
112.36  court for the purposes of this subdivision.  Court services data 
113.1   relating to delinquent acts that are contained in records of the 
113.2   juvenile court may be released as allowed under section 13.84, 
113.3   subdivision 5a.  This subdivision applies to all proceedings 
113.4   under this chapter, including appeals from orders of the 
113.5   juvenile court, except that this subdivision does not apply to 
113.6   proceedings under section 260.255, 260.261, or 260.315 when the 
113.7   proceeding involves an adult defendant.  The court shall 
113.8   maintain the confidentiality of adoption files and records in 
113.9   accordance with the provisions of laws relating to adoptions.  
113.10  In juvenile court proceedings any report or social history 
113.11  furnished to the court shall be open to inspection by the 
113.12  attorneys of record and the guardian ad litem a reasonable time 
113.13  before it is used in connection with any proceeding before the 
113.14  court. 
113.15     When a judge of a juvenile court, or duly authorized agent 
113.16  of the court, determines under a proceeding under this chapter 
113.17  that a child has violated a state or local law, ordinance, or 
113.18  regulation pertaining to the operation of a motor vehicle on 
113.19  streets and highways, except parking violations, the judge or 
113.20  agent shall immediately report the violation to the commissioner 
113.21  of public safety.  The report must be made on a form provided by 
113.22  the department of public safety and must contain the information 
113.23  required under section 169.95. 
113.24     Sec. 6.  Minnesota Statutes 1996, section 260.161, 
113.25  subdivision 3, is amended to read: 
113.26     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
113.27  for records relating to an offense where proceedings are public 
113.28  under section 260.155, subdivision 1, peace officers' records of 
113.29  children who are or may be delinquent or who may be engaged in 
113.30  criminal acts shall be kept separate from records of persons 18 
113.31  years of age or older and are private data but shall be 
113.32  disseminated:  (1) by order of the juvenile court, (2) as 
113.33  required by section 126.036, (3) as authorized under section 
113.34  13.82, subdivision 2, (4) to the child or the child's parent or 
113.35  guardian unless disclosure of a record would interfere with an 
113.36  ongoing investigation, or (5) to the Minnesota crime victims 
114.1   reparations board as required by section 611A.56, subdivision 2, 
114.2   clause (f), for the purpose of processing claims for crime 
114.3   victims reparations, or (6) as otherwise provided in this 
114.4   subdivision.  Except as provided in paragraph (c), no 
114.5   photographs of a child taken into custody may be taken without 
114.6   the consent of the juvenile court unless the child is alleged to 
114.7   have violated section 169.121 or 169.129.  Peace officers' 
114.8   records containing data about children who are victims of crimes 
114.9   or witnesses to crimes must be administered consistent with 
114.10  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
114.11  violating any of the provisions of this subdivision shall be 
114.12  guilty of a misdemeanor. 
114.13     In the case of computerized records maintained about 
114.14  juveniles by peace officers, the requirement of this subdivision 
114.15  that records about juveniles must be kept separate from adult 
114.16  records does not mean that a law enforcement agency must keep 
114.17  its records concerning juveniles on a separate computer system.  
114.18  Law enforcement agencies may keep juvenile records on the same 
114.19  computer as adult records and may use a common index to access 
114.20  both juvenile and adult records so long as the agency has in 
114.21  place procedures that keep juvenile records in a separate place 
114.22  in computer storage and that comply with the special data 
114.23  retention and other requirements associated with protecting data 
114.24  on juveniles. 
114.25     (b) Nothing in this subdivision prohibits the exchange of 
114.26  information by law enforcement agencies if the exchanged 
114.27  information is pertinent and necessary to the requesting agency 
114.28  in initiating, furthering, or completing a criminal 
114.29  investigation. 
114.30     (c) A photograph may be taken of a child taken into custody 
114.31  pursuant to section 260.165, subdivision 1, clause (b), provided 
114.32  that the photograph must be destroyed when the child reaches the 
114.33  age of 19 years.  The commissioner of corrections may photograph 
114.34  juveniles whose legal custody is transferred to the 
114.35  commissioner.  Photographs of juveniles authorized by this 
114.36  paragraph may be used only for institution management purposes, 
115.1   case supervision by parole agents, and to assist law enforcement 
115.2   agencies to apprehend juvenile offenders.  The commissioner 
115.3   shall maintain photographs of juveniles in the same manner as 
115.4   juvenile court records and names under this section. 
115.5      (d) Traffic investigation reports are open to inspection by 
115.6   a person who has sustained physical harm or economic loss as a 
115.7   result of the traffic accident.  Identifying information on 
115.8   juveniles who are parties to traffic accidents may be disclosed 
115.9   as authorized under section 13.82, subdivision 4, and accident 
115.10  reports required under section 169.09 may be released under 
115.11  section 169.09, subdivision 13, unless the information would 
115.12  identify a juvenile who was taken into custody or who is 
115.13  suspected of committing an offense that would be a crime if 
115.14  committed by an adult, or would associate a juvenile with the 
115.15  offense, and the offense is not a minor traffic offense under 
115.16  section 260.193. 
115.17     (e) A law enforcement agency shall notify the principal or 
115.18  chief administrative officer of a juvenile's school of an 
115.19  incident occurring within the agency's jurisdiction if: 
115.20     (1) the agency has probable cause to believe that the 
115.21  juvenile has committed an offense that would be a crime if 
115.22  committed as an adult, that the victim of the offense is a 
115.23  student or staff member of the school, and that notice to the 
115.24  school is reasonably necessary for the protection of the victim; 
115.25  or 
115.26     (2) the agency has probable cause to believe that the 
115.27  juvenile has committed an offense described in subdivision 1b, 
115.28  paragraph (a), clauses (1) to (3), that would be a crime if 
115.29  committed by an adult, regardless of whether the victim is a 
115.30  student or staff member of the school. 
115.31     A law enforcement agency is not required to notify the 
115.32  school under this paragraph if the agency determines that notice 
115.33  would jeopardize an ongoing investigation.  Notwithstanding 
115.34  section 138.17, data from a notice received from a law 
115.35  enforcement agency under this paragraph must be destroyed when 
115.36  the juvenile graduates from the school or at the end of the 
116.1   academic year when the juvenile reaches age 23, whichever date 
116.2   is earlier.  For purposes of this paragraph, "school" means a 
116.3   public or private elementary, middle, or secondary school. 
116.4      (f) In any county in which the county attorney operates or 
116.5   authorizes the operation of a juvenile prepetition or pretrial 
116.6   diversion program, a law enforcement agency or county attorney's 
116.7   office may provide the juvenile diversion program with data 
116.8   concerning a juvenile who is a participant in or is being 
116.9   considered for participation in the program. 
116.10     (g) Upon request of a local social service agency, peace 
116.11  officer records of children who are or may be delinquent or who 
116.12  may be engaged in criminal acts may be disseminated to the 
116.13  agency to promote the best interests of the subject of the data. 
116.14     (h) Upon written request, the prosecuting authority shall 
116.15  release investigative data collected by a law enforcement agency 
116.16  to the victim of a criminal act or alleged criminal act or to 
116.17  the victim's legal representative, except as otherwise provided 
116.18  by this paragraph.  Data shall not be released if: 
116.19     (1) the release to the individual subject of the data would 
116.20  be prohibited under section 13.391; or 
116.21     (2) the prosecuting authority reasonably believes: 
116.22     (i) that the release of that data will interfere with the 
116.23  investigation; or 
116.24     (ii) that the request is prompted by a desire on the part 
116.25  of the requester to engage in unlawful activities. 
116.26     Sec. 7.  Minnesota Statutes 1996, section 480.30, 
116.27  subdivision 1, is amended to read: 
116.28     Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
116.29  The supreme court's judicial education program must include 
116.30  ongoing training for district court judges on child and 
116.31  adolescent sexual abuse, domestic abuse, harassment, stalking, 
116.32  and related civil and criminal court issues.  The program must 
116.33  include the following: 
116.34     (1) information about the specific needs of victims.  The 
116.35  program must include; 
116.36     (2) education on the causes of sexual abuse and family 
117.1   violence and; 
117.2      (3) education on culturally responsive approaches to 
117.3   serving victims; and 
117.4      (4) education on the impacts of domestic abuse and domestic 
117.5   abuse allegations on children and the importance of considering 
117.6   these impacts when making visitation and child custody decisions 
117.7   under chapter 518.  
117.8      The program also must emphasize the need for the 
117.9   coordination of court and legal victim advocacy services and 
117.10  include education on sexual abuse and domestic abuse programs 
117.11  and policies within law enforcement agencies and prosecuting 
117.12  authorities as well as the court system.  
117.13     Sec. 8.  Minnesota Statutes 1996, section 518.10, is 
117.14  amended to read: 
117.15     518.10 [REQUISITES OF PETITION.] 
117.16     The petition for dissolution of marriage or legal 
117.17  separation shall state and allege: 
117.18     (a) The name and address of the petitioner and any prior or 
117.19  other name used by the petitioner; 
117.20     (b) The name and, if known, the address of the respondent 
117.21  and any prior or other name used by the respondent and known to 
117.22  the petitioner; 
117.23     (c) The place and date of the marriage of the parties; 
117.24     (d) In the case of a petition for dissolution, that either 
117.25  the petitioner or the respondent or both:  
117.26     (1) Has resided in this state for not less than 180 days 
117.27  immediately preceding the commencement of the proceeding, or 
117.28     (2) Has been a member of the armed services and has been 
117.29  stationed in this state for not less than 180 days immediately 
117.30  preceding the commencement of the proceeding, or 
117.31     (3) Has been a domiciliary of this state for not less than 
117.32  180 days immediately preceding the commencement of the 
117.33  proceeding; 
117.34     (e) The name at the time of the petition and any prior or 
117.35  other name, age and date of birth of each living minor or 
117.36  dependent child of the parties born before the marriage or born 
118.1   or adopted during the marriage and a reference to, and the 
118.2   expected date of birth of, a child of the parties conceived 
118.3   during the marriage but not born; 
118.4      (f) Whether or not a separate proceeding for dissolution, 
118.5   legal separation, or custody is pending in a court in this state 
118.6   or elsewhere; 
118.7      (g) In the case of a petition for dissolution, that there 
118.8   has been an irretrievable breakdown of the marriage 
118.9   relationship; 
118.10     (h) In the case of a petition for legal separation, that 
118.11  there is a need for a decree of legal separation; and 
118.12     (i) Any temporary or permanent maintenance, child support, 
118.13  child custody, disposition of property, attorneys' fees, costs 
118.14  and disbursements applied for without setting forth the amounts; 
118.15  and 
118.16     (j) Whether an order for protection under chapter 518B or a 
118.17  similar law of another state that governs the parties or a party 
118.18  and a minor child of the parties is in effect and, if so, the 
118.19  district court or similar jurisdiction in which it was entered. 
118.20     The petition shall be verified by the petitioner or 
118.21  petitioners, and its allegations established by competent 
118.22  evidence.  
118.23     Sec. 9.  Minnesota Statutes 1996, section 518.175, is 
118.24  amended by adding a subdivision to read: 
118.25     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
118.26  a custodial parent requests supervised visitation under 
118.27  subdivision 1 or 5 and an order for protection under chapter 
118.28  518B or a similar law of another state is in effect against the 
118.29  noncustodial parent to protect the custodial parent or the 
118.30  child, the judge must consider the order for protection in 
118.31  making a decision regarding visitation. 
118.32     (b) The state court administrator shall develop standards 
118.33  to be met by persons who are responsible for supervising 
118.34  visitation.  Either parent may challenge the appropriateness of 
118.35  an individual chosen by the court to supervise visitation. 
118.36     Sec. 10.  Minnesota Statutes 1996, section 518.175, 
119.1   subdivision 5, is amended to read: 
119.2      Subd. 5.  The court shall modify an order granting or 
119.3   denying visitation rights whenever modification would serve the 
119.4   best interests of the child.  Except as provided in section 
119.5   631.52, the court may not restrict visitation rights unless it 
119.6   finds that:  
119.7      (1) the visitation is likely to endanger the child's 
119.8   physical or emotional health or impair the child's emotional 
119.9   development; or 
119.10     (2) the noncustodial parent has chronically and 
119.11  unreasonably failed to comply with court-ordered visitation. 
119.12     If the custodial parent makes specific allegations that 
119.13  visitation places the custodial parent or child in danger of 
119.14  harm, the court shall hold a hearing at the earliest possible 
119.15  time to determine the need to modify the order granting 
119.16  visitation rights.  Consistent with subdivision 1a, the court 
119.17  may require a third party, including the local social services 
119.18  agency, to supervise the visitation or may restrict a parent's 
119.19  visitation rights if necessary to protect the custodial parent 
119.20  or child from harm.  
119.21     Sec. 11.  Minnesota Statutes 1996, section 518.179, 
119.22  subdivision 2, is amended to read: 
119.23     Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
119.24  following crimes or similar crimes under the laws of the United 
119.25  States, or any other state: 
119.26     (1) murder in the first, second, or third degree under 
119.27  section 609.185, 609.19, or 609.195; 
119.28     (2) manslaughter in the first degree under section 609.20; 
119.29     (3) assault in the first, second, or third degree under 
119.30  section 609.221, 609.222, or 609.223; 
119.31     (4) kidnapping under section 609.25; 
119.32     (5) depriving another of custodial or parental rights under 
119.33  section 609.26; 
119.34     (6) soliciting, inducing, or promoting prostitution 
119.35  involving a minor under section 609.322; 
119.36     (7) receiving profit from prostitution involving a minor 
120.1   under section 609.323; 
120.2      (8) criminal sexual conduct in the first degree under 
120.3   section 609.342; 
120.4      (9) criminal sexual conduct in the second degree under 
120.5   section 609.343; 
120.6      (10) criminal sexual conduct in the third degree under 
120.7   section 609.344, subdivision 1, paragraph (c), (f), or (g); 
120.8      (11) solicitation of a child to engage in sexual conduct 
120.9   under section 609.352; 
120.10     (12) incest under section 609.365; 
120.11     (13) malicious punishment of a child under section 609.377; 
120.12  or 
120.13     (14) neglect of a child under section 609.378; 
120.14     (15) terroristic threats under section 609.713; or 
120.15     (16) felony harassment or stalking under section 609.749, 
120.16  subdivision 4. 
120.17     Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
120.18  subdivision 4, is amended to read: 
120.19     Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
120.20  action known as a petition for an order for protection in cases 
120.21  of domestic abuse.  
120.22     (a) A petition for relief under this section may be made by 
120.23  any family or household member personally or by a family or 
120.24  household member, a guardian as defined in section 524.1-201, 
120.25  clause (20), or, if the court finds that it is in the best 
120.26  interests of the minor, by a reputable adult age 25 or older on 
120.27  behalf of minor family or household members.  A minor age 16 or 
120.28  older may make a petition on the minor's own behalf against a 
120.29  spouse or former spouse, or a person with whom the minor has a 
120.30  child in common, if the court determines that the minor has 
120.31  sufficient maturity and judgment and that it is in the best 
120.32  interests of the minor. 
120.33     (b) A petition for relief shall allege the existence of 
120.34  domestic abuse, and shall be accompanied by an affidavit made 
120.35  under oath stating the specific facts and circumstances from 
120.36  which relief is sought.  
121.1      (c) A petition for relief must state whether the petitioner 
121.2   has ever had an order for protection in effect against the 
121.3   respondent. 
121.4      (d) A petition for relief must state whether there is an 
121.5   existing order for protection in effect under this chapter 
121.6   governing both the parties and whether there is a pending 
121.7   lawsuit, complaint, petition or other action between the parties 
121.8   under chapter 257, 518, 518A, 518B, or 518C.  The court 
121.9   administrator shall verify the terms of any existing order 
121.10  governing the parties.  The court may not delay granting relief 
121.11  because of the existence of a pending action between the parties 
121.12  or the necessity of verifying the terms of an existing order.  A 
121.13  subsequent order in a separate action under this chapter may 
121.14  modify only the provision of an existing order that grants 
121.15  relief authorized under subdivision 6, paragraph (a), clause 
121.16  (1).  A petition for relief may be granted, regardless of 
121.17  whether there is a pending action between the parties.  
121.18     (e) The court shall provide simplified forms and clerical 
121.19  assistance to help with the writing and filing of a petition 
121.20  under this section.  
121.21     (f) The court shall advise a petitioner under paragraph (e) 
121.22  of the right to file a motion and affidavit and to sue in forma 
121.23  pauperis pursuant to section 563.01 and shall assist with the 
121.24  writing and filing of the motion and affidavit.  
121.25     (g) The court shall advise a petitioner under paragraph (e) 
121.26  of the right to serve the respondent by published notice under 
121.27  subdivision 5, paragraph (b), if the respondent is avoiding 
121.28  personal service by concealment or otherwise, and shall assist 
121.29  with the writing and filing of the affidavit. 
121.30     (h) The court shall advise the petitioner of the right to 
121.31  seek restitution under the petition for relief. 
121.32     (i) The court shall advise the petitioner of the right to 
121.33  request a hearing under subdivision 7, paragraph (c).  If the 
121.34  petitioner does not request a hearing, the court shall advise 
121.35  the petitioner that the respondent may request a hearing and 
121.36  that notice of the hearing date and time will be provided to the 
122.1   petitioner by mail at least five days before the hearing. 
122.2      (j) The court shall advise the petitioner of the right to 
122.3   request supervised visitation, as provided in section 518.175, 
122.4   subdivision 1a. 
122.5      Sec. 13.  Minnesota Statutes 1996, section 518B.01, 
122.6   subdivision 8, is amended to read: 
122.7      Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
122.8   NOTICE.] (a) The petition and any order issued under this 
122.9   section shall be served on the respondent personally. 
122.10     (b) When service is made out of this state and in the 
122.11  United States, it may be proved by the affidavit of the person 
122.12  making the service.  When service is made outside the United 
122.13  States, it may be proved by the affidavit of the person making 
122.14  the service, taken before and certified by any United States 
122.15  minister, charge d'affaires, commissioner, consul, or commercial 
122.16  agent, or other consular or diplomatic officer of the United 
122.17  States appointed to reside in the other country, including all 
122.18  deputies or other representatives of the officer authorized to 
122.19  perform their duties; or before an office authorized to 
122.20  administer an oath with the certificate of an officer of a court 
122.21  of record of the country in which the affidavit is taken as to 
122.22  the identity and authority of the officer taking the affidavit.  
122.23     (c) If personal service cannot be made, the court may order 
122.24  service of the petition and any order issued under this section 
122.25  by alternate means, or by publication, which publication must be 
122.26  made as in other actions.  The application for alternate service 
122.27  must include the last known location of the respondent; the 
122.28  petitioner's most recent contacts with the respondent; the last 
122.29  known location of the respondent's employment; the names and 
122.30  locations of the respondent's parents, siblings, children, and 
122.31  other close relatives; the names and locations of other persons 
122.32  who are likely to know the respondent's whereabouts; and a 
122.33  description of efforts to locate those persons. 
122.34     The court shall consider the length of time the 
122.35  respondent's location has been unknown, the likelihood that the 
122.36  respondent's location will become known, the nature of the 
123.1   relief sought, and the nature of efforts made to locate the 
123.2   respondent.  The court shall order service by first class mail, 
123.3   forwarding address requested, to any addresses where there is a 
123.4   reasonable possibility that mail or information will be 
123.5   forwarded or communicated to the respondent.  
123.6      The court may also order publication, within or without the 
123.7   state, but only if it might reasonably succeed in notifying the 
123.8   respondent of the proceeding.  Service shall be deemed complete 
123.9   14 days after mailing or 14 days after court-ordered publication.
123.10     (d) A petition and any order issued under this section must 
123.11  include a notice to the respondent that if an order for 
123.12  protection is issued to protect the petitioner or a child of the 
123.13  parties, upon request of the petitioner in any visitation 
123.14  proceeding, the court shall consider the order for protection in 
123.15  making a decision regarding visitation.  
123.16     Sec. 14.  Minnesota Statutes 1996, section 518B.01, 
123.17  subdivision 14, is amended to read: 
123.18     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
123.19  Whenever an order for protection is granted pursuant to this 
123.20  section or a similar law of another state, and the respondent or 
123.21  person to be restrained knows of the order, violation of the 
123.22  order for protection is a misdemeanor.  Upon conviction, the 
123.23  defendant must be sentenced to a minimum of three days 
123.24  imprisonment and must be ordered to participate in counseling or 
123.25  other appropriate programs selected by the court.  If the court 
123.26  stays imposition or execution of the jail sentence and the 
123.27  defendant refuses or fails to comply with the court's treatment 
123.28  order, the court must impose and execute the stayed jail 
123.29  sentence.  A person is guilty of a gross misdemeanor who 
123.30  violates this paragraph during the time period between a 
123.31  previous conviction under this paragraph; sections 609.221 to 
123.32  609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
123.33  subdivision 6; 609.749; or a similar law of another state and 
123.34  the end of the five years following discharge from sentence for 
123.35  that conviction.  Upon conviction, the defendant must be 
123.36  sentenced to a minimum of ten days imprisonment and must be 
124.1   ordered to participate in counseling or other appropriate 
124.2   programs selected by the court.  Notwithstanding section 
124.3   609.135, the court must impose and execute the minimum sentence 
124.4   provided in this paragraph for gross misdemeanor convictions. 
124.5      (b) A peace officer shall arrest without a warrant and take 
124.6   into custody a person whom the peace officer has probable cause 
124.7   to believe has violated an order granted pursuant to this 
124.8   section or a similar law of another state restraining the person 
124.9   or excluding the person from the residence or the petitioner's 
124.10  place of employment, even if the violation of the order did not 
124.11  take place in the presence of the peace officer, if the 
124.12  existence of the order can be verified by the officer.  The 
124.13  person shall be held in custody for at least 36 hours, excluding 
124.14  the day of arrest, Sundays, and holidays, unless the person is 
124.15  released earlier by a judge or judicial officer.  A peace 
124.16  officer acting in good faith and exercising due care in making 
124.17  an arrest pursuant to this paragraph is immune from civil 
124.18  liability that might result from the officer's actions. 
124.19     (c) A violation of an order for protection shall also 
124.20  constitute contempt of court and be subject to the penalties 
124.21  therefor.  
124.22     (d) If the court finds that the respondent has violated an 
124.23  order for protection and that there is reason to believe that 
124.24  the respondent will commit a further violation of the provisions 
124.25  of the order restraining the respondent from committing acts of 
124.26  domestic abuse or excluding the respondent from the petitioner's 
124.27  residence, the court may require the respondent to acknowledge 
124.28  an obligation to comply with the order on the record.  The court 
124.29  may require a bond sufficient to deter the respondent from 
124.30  committing further violations of the order for protection, 
124.31  considering the financial resources of the respondent, and not 
124.32  to exceed $10,000.  If the respondent refuses to comply with an 
124.33  order to acknowledge the obligation or post a bond under this 
124.34  paragraph, the court shall commit the respondent to the county 
124.35  jail during the term of the order for protection or until the 
124.36  respondent complies with the order under this paragraph.  The 
125.1   warrant must state the cause of commitment, with the sum and 
125.2   time for which any bond is required.  If an order is issued 
125.3   under this paragraph, the court may order the costs of the 
125.4   contempt action, or any part of them, to be paid by the 
125.5   respondent.  An order under this paragraph is appealable.  
125.6      (e) Upon the filing of an affidavit by the petitioner, any 
125.7   peace officer, or an interested party designated by the court, 
125.8   alleging that the respondent has violated any order for 
125.9   protection granted pursuant to this section or a similar law of 
125.10  another state, the court may issue an order to the respondent, 
125.11  requiring the respondent to appear and show cause within 14 days 
125.12  why the respondent should not be found in contempt of court and 
125.13  punished therefor.  The hearing may be held by the court in any 
125.14  county in which the petitioner or respondent temporarily or 
125.15  permanently resides at the time of the alleged violation, or in 
125.16  the county in which the alleged violation occurred, if the 
125.17  petitioner and respondent do not reside in this state.  The 
125.18  court also shall refer the violation of the order for protection 
125.19  to the appropriate prosecuting authority for possible 
125.20  prosecution under paragraph (a). 
125.21     (f) If it is alleged that the respondent has violated an 
125.22  order for protection issued under subdivision 6 or a similar law 
125.23  of another state and the court finds that the order has expired 
125.24  between the time of the alleged violation and the court's 
125.25  hearing on the violation, the court may grant a new order for 
125.26  protection under subdivision 6 based solely on the respondent's 
125.27  alleged violation of the prior order, to be effective until the 
125.28  hearing on the alleged violation of the prior order.  If the 
125.29  court finds that the respondent has violated the prior order, 
125.30  the relief granted in the new order for protection shall be 
125.31  extended for a fixed period, not to exceed one year, except when 
125.32  the court determines a longer fixed period is appropriate. 
125.33     (g) The admittance into petitioner's dwelling of an abusing 
125.34  party excluded from the dwelling under an order for protection 
125.35  is not a violation by the petitioner of the order for protection.
125.36     A peace officer is not liable under section 609.43, clause 
126.1   (1), for a failure to perform a duty required by paragraph (b). 
126.2      (h) When a person is convicted under paragraph (a) of 
126.3   violating an order for protection under this section and the 
126.4   court determines that the person used a firearm in any way 
126.5   during commission of the violation, the court may order that the 
126.6   person is prohibited from possessing any type of firearm for any 
126.7   period longer than three years or for the remainder of the 
126.8   person's life.  A person who violates this paragraph is guilty 
126.9   of a gross misdemeanor.  At the time of the conviction, the 
126.10  court shall inform the defendant whether and for how long the 
126.11  defendant is prohibited from possessing a firearm and that it is 
126.12  a gross misdemeanor to violate this paragraph.  The failure of 
126.13  the court to provide this information to a defendant does not 
126.14  affect the applicability of the firearm possession prohibition 
126.15  or the gross misdemeanor penalty to that defendant. 
126.16     (i) Except as otherwise provided in paragraph (h), when a 
126.17  person is convicted under paragraph (a) of violating an order 
126.18  for protection under this section, the court shall inform the 
126.19  defendant that the defendant is prohibited from possessing a 
126.20  pistol for three years from the date of conviction and that it 
126.21  is a gross misdemeanor offense to violate this prohibition.  The 
126.22  failure of the court to provide this information to a defendant 
126.23  does not affect the applicability of the pistol possession 
126.24  prohibition or the gross misdemeanor penalty to that defendant. 
126.25     (j) Except as otherwise provided in paragraph (h), a person 
126.26  is not entitled to possess a pistol if the person has been 
126.27  convicted under paragraph (a) after August 1, 1996, of violating 
126.28  an order for protection under this section, unless three years 
126.29  have elapsed from the date of conviction and, during that time, 
126.30  the person has not been convicted of any other violation of this 
126.31  section.  Property rights may not be abated but access may be 
126.32  restricted by the courts.  A person who possesses a pistol in 
126.33  violation of this paragraph is guilty of a gross misdemeanor. 
126.34     (k) If the court determines that a person convicted under 
126.35  paragraph (a) of violating an order for protection under this 
126.36  section owns or possesses a firearm and used it in any way 
127.1   during the commission of the violation, it shall order that the 
127.2   firearm be summarily forfeited under section 609.5316, 
127.3   subdivision 3. 
127.4      Sec. 15.  Minnesota Statutes 1996, section 518B.01, 
127.5   subdivision 17, is amended to read: 
127.6      Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
127.7   custody proceeding the court may must consider, but is not bound 
127.8   by, a finding in a proceeding under this chapter or under a 
127.9   similar law of another state that domestic abuse has occurred 
127.10  between the parties. 
127.11     Sec. 16.  Minnesota Statutes 1996, section 609.10, is 
127.12  amended to read: 
127.13     609.10 [SENTENCES AVAILABLE.] 
127.14     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
127.15  felony and compliance with the other provisions of this chapter 
127.16  the court, if it imposes sentence, may sentence the defendant to 
127.17  the extent authorized by law as follows: 
127.18     (1) to life imprisonment; or 
127.19     (2) to imprisonment for a fixed term of years set by the 
127.20  court; or 
127.21     (3) to both imprisonment for a fixed term of years and 
127.22  payment of a fine; or 
127.23     (4) to payment of a fine without imprisonment or to 
127.24  imprisonment for a fixed term of years if the fine is not paid; 
127.25  or 
127.26     (5) to payment of court-ordered restitution in addition to 
127.27  either imprisonment or payment of a fine, or both; or 
127.28     (6) to payment of a local correctional fee as authorized 
127.29  under section 609.102 in addition to any other sentence imposed 
127.30  by the court. 
127.31     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
127.32  "restitution" includes: 
127.33     (i) (1) payment of compensation to the victim or the 
127.34  victim's family; and 
127.35     (ii) (2) if the victim is deceased or already has been 
127.36  fully compensated, payment of money to a victim assistance 
128.1   program or other program directed by the court. 
128.2      In controlled substance crime cases, "restitution" also 
128.3   includes payment of compensation to a government entity that 
128.4   incurs loss as a direct result of the controlled substance crime.
128.5      Restitution includes payment of compensation to a 
128.6   government entity that incurs loss as a direct result of crime. 
128.7      (b) When the defendant does not pay the entire amount of 
128.8   court-ordered restitution and the fine at the same time, all 
128.9   restitution ordered by the court shall be paid before the fine 
128.10  is paid. 
128.11     Sec. 17.  Minnesota Statutes 1996, section 609.125, is 
128.12  amended to read: 
128.13     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
128.14     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
128.15  misdemeanor or gross misdemeanor the court, if sentence is 
128.16  imposed, may, to the extent authorized by law, sentence the 
128.17  defendant: 
128.18     (1) to imprisonment for a definite term; or 
128.19     (2) to payment of a fine, or to imprisonment for a 
128.20  specified term if the fine is not paid; or 
128.21     (3) to both imprisonment for a definite term and payment of 
128.22  a fine; or 
128.23     (4) to payment of court-ordered restitution in addition to 
128.24  either imprisonment or payment of a fine, or both; or 
128.25     (5) to payment of a local correctional fee as authorized 
128.26  under section 609.102 in addition to any other sentence imposed 
128.27  by the court. 
128.28     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
128.29  "restitution" includes: 
128.30     (i) (1) payment of compensation to the victim or the 
128.31  victim's family; and 
128.32     (ii) (2) if the victim is deceased or already has been 
128.33  fully compensated, payment of money to a victim assistance 
128.34  program or other program directed by the court. 
128.35     In controlled substance crime cases, "restitution" also 
128.36  includes payment of compensation to a government entity that 
129.1   incurs loss as a direct result of the controlled substance crime.
129.2      Restitution includes payment of compensation to a 
129.3   government entity that incurs loss as a direct result of crime. 
129.4      (b) When the defendant does not pay the entire amount of 
129.5   court-ordered restitution and the fine at the same time, all 
129.6   restitution ordered by the court shall be paid before the fine 
129.7   is paid. 
129.8      Sec. 18.  Minnesota Statutes 1996, section 609.2244, is 
129.9   amended to read: 
129.10     609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS 
129.11  INVESTIGATIONS.] 
129.12     Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.] 
129.13  A presentence domestic abuse assessment investigation must be 
129.14  conducted and an assessment a report submitted to the court by 
129.15  the county corrections agency responsible for administering the 
129.16  assessment conducting the investigation when: 
129.17     (1) a defendant is convicted of an offense described in 
129.18  section 518B.01, subdivision 2; or 
129.19     (2) a defendant is arrested for committing an offense 
129.20  described in section 518B.01, subdivision 2, but is convicted of 
129.21  another offense arising out of the same circumstances 
129.22  surrounding the arrest. 
129.23     Subd. 2.  [REPORT.] (a) The assessment report must contain 
129.24  an evaluation of the convicted defendant department of 
129.25  corrections shall establish minimum standards for the report, 
129.26  including the circumstances of the offense, impact on the 
129.27  victim, the defendant's prior record, characteristics and 
129.28  history of alcohol and chemical use problems, and amenability to 
129.29  domestic abuse counseling programs.  The report is classified as 
129.30  private data on individuals as defined in section 13.02, 
129.31  subdivision 12.  Victim impact statements are confidential. 
129.32     (b) The assessment report must include: 
129.33     (1) a recommendation on any limitations on contact with the 
129.34  victim and other measures to ensure the victim's safety; 
129.35     (2) a recommendation for the defendant to enter and 
129.36  successfully complete domestic abuse counseling programming and 
130.1   any aftercare found necessary by the assessment investigation; 
130.2      (3) a recommendation for chemical dependency evaluation and 
130.3   treatment as determined by the evaluation whenever alcohol or 
130.4   drugs were found to be a contributing factor to the offense; 
130.5      (4) recommendations for other appropriate remedial action 
130.6   or care, which may consist of educational programs, one-on-one 
130.7   counseling, a program or type of treatment that addresses mental 
130.8   health concerns, or a specific explanation why no level of care 
130.9   or action is recommended; and 
130.10     (5) consequences for failure to abide by conditions set up 
130.11  by the court. 
130.12     Subd. 3.  [ASSESSOR CORRECTIONS AGENTS STANDARDS; RULES; 
130.13  ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic 
130.14  abuse assessment investigation required by this section must be 
130.15  conducted by an assessor approved by the court, the local 
130.16  corrections department, or the commissioner of corrections.  The 
130.17  assessor corrections agent shall have access to any police 
130.18  reports or other law enforcement data relating to the current 
130.19  offense or previous offenses that are necessary to complete the 
130.20  evaluation.  An assessor providing A corrections agent 
130.21  conducting an assessment investigation under this section may 
130.22  not have any direct or shared financial interest or referral 
130.23  relationship resulting in shared financial gain with a treatment 
130.24  provider.  An appointment for the defendant to undergo 
130.25  the assessment shall investigation must be made by the court, a 
130.26  court services probation officer, or court administrator as soon 
130.27  as possible but in no case more than one week after the 
130.28  defendant's court appearance.  The assessment must be completed 
130.29  no later than three weeks after the defendant's court date. 
130.30     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION FEE.] 
130.31  When the court sentences a person convicted of an offense 
130.32  described in section 518B.01, subdivision 2, the court shall 
130.33  impose a domestic abuse assessment investigation fee of at least 
130.34  $50 but not more than $125.  This fee must be imposed whether 
130.35  the sentence is executed, stayed, or suspended.  The court may 
130.36  not waive payment or authorize payment of the fee in 
131.1   installments unless it makes written findings on the record that 
131.2   the convicted person is indigent or that the fee would create 
131.3   undue hardship for the convicted person or that person's 
131.4   immediate family.  The person convicted of the offense and 
131.5   ordered to pay the fee shall pay the fee to the county 
131.6   corrections department or other designated agencies conducting 
131.7   the assessment investigation. 
131.8      Sec. 19.  Minnesota Statutes 1996, section 611A.01, is 
131.9   amended to read: 
131.10     611A.01 [DEFINITIONS.] 
131.11     For the purposes of sections 611A.01 to 611A.06: 
131.12     (a) "Crime" means conduct that is prohibited by local 
131.13  ordinance and results in bodily harm to an individual; or 
131.14  conduct that is included within the definition of "crime" in 
131.15  section 609.02, subdivision 1, or would be included within that 
131.16  definition but for the fact that (i) the person engaging in the 
131.17  conduct lacked capacity to commit the crime under the laws of 
131.18  this state, or (ii) the act was alleged or found to have been 
131.19  committed by a juvenile; 
131.20     (b) "Victim" means a natural person who incurs loss or harm 
131.21  as a result of a crime, including a good faith effort to prevent 
131.22  a crime, and for purposes of sections 611A.04 and 611A.045, also 
131.23  includes (i) a corporation that incurs loss or harm as a result 
131.24  of a crime, and (ii) a government entity that incurs loss or 
131.25  harm as a result of a crime, and (iii) any other entity 
131.26  authorized to receive restitution under section 609.10 or 
131.27  609.125.  If the victim is a natural person and is deceased, 
131.28  "victim" means the deceased's surviving spouse or next of kin; 
131.29  and 
131.30     (c) "Juvenile" has the same meaning as given to the term 
131.31  "child" in section 260.015, subdivision 2.  
131.32     Sec. 20.  Minnesota Statutes 1996, section 611A.035, is 
131.33  amended to read: 
131.34     611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
131.35     Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
131.36  A prosecutor may elect not to disclose a victim's or witness's 
132.1   home or employment address or telephone number if the prosecutor 
132.2   certifies to the trial court that: 
132.3      (1) the defendant or respondent has been charged with or 
132.4   alleged to have committed a crime; 
132.5      (2) the nondisclosure is needed to address the victim's or 
132.6   witness's concerns about safety or security; 
132.7      (3) the victim's or witness's home or employment address or 
132.8   telephone number is not relevant to the prosecution's case; and 
132.9      (4) the prosecutor or the prosecutor's agent is willing to 
132.10  establish telephone contact between defense counsel or defense 
132.11  counsel's agent and the victim or witness. 
132.12     This subdivision shall not be construed to compel a victim 
132.13  or witness to give any statement to defense counsel or defense 
132.14  counsel's agent. 
132.15     Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
132.16  witness providing testimony in court proceedings may be 
132.17  compelled to state a home or employment address on the record in 
132.18  open court unless the court finds that the testimony would be 
132.19  relevant evidence. 
132.20     Sec. 21.  Minnesota Statutes 1996, section 611A.038, is 
132.21  amended to read: 
132.22     611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
132.23     (a) A victim has the right to submit an impact statement to 
132.24  the court at the time of sentencing or disposition hearing.  The 
132.25  impact statement may be presented to the court orally or in 
132.26  writing, at the victim's option.  If the victim requests, the 
132.27  prosecutor must orally present the statement to the court. 
132.28     Statements may include the following, subject to reasonable 
132.29  limitations as to time and length: 
132.30     (1) a summary of the harm or trauma suffered by the victim 
132.31  as a result of the crime; 
132.32     (2) a summary of the economic loss or damage suffered by 
132.33  the victim as a result of the crime; and 
132.34     (3) a victim's reaction to the proposed sentence or 
132.35  disposition. 
132.36     (b) A representative of the community affected by the crime 
133.1   may submit an impact statement in the same manner that a victim 
133.2   may as provided in paragraph (a).  This impact statement shall 
133.3   describe the adverse social or economic effects the offense has 
133.4   had on persons residing and businesses operating in the 
133.5   community where the offense occurred. 
133.6      (c) If the court permits the defendant or anyone speaking 
133.7   on the defendant's behalf to present a statement to the court, 
133.8   the court shall limit the statement to issues relevant to 
133.9   sentencing.  
133.10     Nothing in this section shall be construed to extend the 
133.11  defendant's right to address the court under section 631.20. 
133.12     Sec. 22.  Minnesota Statutes 1996, section 611A.039, 
133.13  subdivision 1, is amended to read: 
133.14     Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
133.15  provided in subdivision 2, within 15 working days after a 
133.16  conviction, acquittal, or dismissal in a criminal case in which 
133.17  there is an identifiable crime victim, the prosecutor shall make 
133.18  reasonable good faith efforts to provide to each affected crime 
133.19  victim oral or written notice of the final disposition of the 
133.20  case.  When the court is considering modifying the sentence for 
133.21  a felony or a crime of violence or an attempted crime of 
133.22  violence, the court shall make a reasonable and good faith 
133.23  effort to notify the victim of the crime.  If the victim is 
133.24  incapacitated or deceased, notice must be given to the victim's 
133.25  family.  If the victim is a minor, notice must be given to the 
133.26  victim's parent or guardian.  The notice must include: 
133.27     (1) the date and approximate time of the review; 
133.28     (2) the location where the review will occur; 
133.29     (3) the name and telephone number of a person to contact 
133.30  for additional information; and 
133.31     (4) a statement that the victim and victim's family may 
133.32  provide input to the court concerning the sentence modification. 
133.33     As used in this section, "crime of violence" has the 
133.34  meaning given in section 624.712, subdivision 5, and also 
133.35  includes gross misdemeanor violations of section 609.224, and 
133.36  nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
134.1   609.748, and 609.749. 
134.2      Sec. 23.  [611A.0395] [RIGHT TO INFORMATION REGARDING 
134.3   DEFENDANT'S APPEAL.] 
134.4      Subdivision 1.  [PROSECUTING ATTORNEY TO NOTIFY 
134.5   VICTIMS.] (a) The prosecuting attorney shall make a reasonable 
134.6   and good faith effort to provide to each affected victim oral or 
134.7   written notice of a pending appeal.  This notice must be 
134.8   provided within 30 days of filing of the respondent's brief.  
134.9   The notice must contain a brief explanation of the contested 
134.10  issues or a copy of the brief, an explanation of the applicable 
134.11  process, information about scheduled oral arguments or hearings, 
134.12  a statement that the victim and the victim's family may attend 
134.13  the argument or hearing, and the name and telephone number of a 
134.14  person that may be contacted for additional information. 
134.15     (b) In a criminal case in which there is an identifiable 
134.16  crime victim, within 15 working days of a final decision on an 
134.17  appeal, the prosecuting attorney shall make a reasonable and 
134.18  good faith effort to provide to each affected victim oral or 
134.19  written notice of the decision.  This notice must include a 
134.20  brief explanation of what effect, if any, the decision has upon 
134.21  the judgment of the trial court and the name and telephone 
134.22  number of a person that may be contacted for additional 
134.23  information. 
134.24     Subd. 2.  [EXCEPTION.] The notices described in subdivision 
134.25  1 do not have to be given to victims who have previously 
134.26  indicated a desire not to be notified. 
134.27     Sec. 24.  Minnesota Statutes 1996, section 611A.04, is 
134.28  amended by adding a subdivision to read: 
134.29     Subd. 4.  [PAYMENT OF RESTITUTION.] When the court orders 
134.30  both the payment of restitution and the payment of a fine and 
134.31  the defendant does not pay the entire amount of court-ordered 
134.32  restitution and the fine at the same time, all restitution 
134.33  ordered by the court shall be paid before the fine is paid. 
134.34     Sec. 25.  Minnesota Statutes 1996, section 611A.361, is 
134.35  amended by adding a subdivision to read: 
134.36     Subd. 5.  [EXPIRATION.] The council expires on June 30, 
135.1   1999. 
135.2      Sec. 26.  Minnesota Statutes 1996, section 611A.52, 
135.3   subdivision 6, is amended to read: 
135.4      Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
135.5      (1) occurs or is attempted anywhere within the geographical 
135.6   boundaries of this state, including Indian reservations and 
135.7   other trust lands; 
135.8      (2) poses a substantial threat of personal injury or death; 
135.9   and 
135.10     (3) is included within the definition of "crime" in section 
135.11  609.02, subdivision 1, or would be included within that 
135.12  definition but for the fact that (i) the person engaging in the 
135.13  conduct lacked capacity to commit the crime under the laws of 
135.14  this state; or (ii) the act was alleged or found to have been 
135.15  committed by a juvenile.  
135.16     (b) A crime occurs whether or not any person is prosecuted 
135.17  or convicted but the conviction of a person whose acts give rise 
135.18  to the claim is conclusive evidence that a crime was committed 
135.19  unless an application for rehearing, appeal, or petition for 
135.20  certiorari is pending or a new trial or rehearing has been 
135.21  ordered.  
135.22     (c) "Crime" does not include an act involving the operation 
135.23  of a motor vehicle, aircraft, or watercraft that results in 
135.24  injury or death, except that a crime includes any of the 
135.25  following: 
135.26     (1) injury or death intentionally inflicted through the use 
135.27  of a motor vehicle, aircraft, or watercraft; 
135.28     (2) injury or death caused by a driver in violation of 
135.29  section 169.09, subdivision 1; 169.121; or 609.21; and 
135.30     (3) injury or death caused by a driver of a motor vehicle 
135.31  in the immediate act of fleeing the scene of a crime in which 
135.32  the driver knowingly and willingly participated. 
135.33     (d) Notwithstanding paragraph (a), "crime" includes an act 
135.34  of international terrorism as defined in United States Code, 
135.35  title 18, section 2331, committed outside of the United States 
135.36  against a resident of this state. 
136.1      Sec. 27.  Minnesota Statutes 1996, section 611A.52, 
136.2   subdivision 8, is amended to read: 
136.3      Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
136.4   economic detriment incurred as a direct result of injury or 
136.5   death.  
136.6      (a) In the case of injury the term is limited to:  
136.7      (1) reasonable expenses incurred for necessary medical, 
136.8   chiropractic, hospital, rehabilitative, and dental products, 
136.9   services, or accommodations, including ambulance services, 
136.10  drugs, appliances, and prosthetic devices; 
136.11     (2) reasonable expenses associated with recreational 
136.12  therapy where a claimant has suffered amputation of a limb; 
136.13     (3) reasonable expenses incurred for psychological or 
136.14  psychiatric products, services, or accommodations, not to exceed 
136.15  an amount to be set by the board, where the nature of the injury 
136.16  or the circumstances of the crime are such that the treatment is 
136.17  necessary to the rehabilitation of the victim; 
136.18     (4) loss of income that the victim would have earned had 
136.19  the victim not been injured; 
136.20     (5) reasonable expenses incurred for substitute child care 
136.21  or household services to replace those the victim or claimant 
136.22  would have performed had the victim or the claimant's child not 
136.23  been injured.  As used in this clause, "child care services" 
136.24  means services provided by facilities licensed under and in 
136.25  compliance with either Minnesota Rules, parts 9502.0315 to 
136.26  9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
136.27  requirements pursuant to section 245A.03.  Licensed facilities 
136.28  must be paid at a rate not to exceed their standard rate of 
136.29  payment.  Facilities exempted from licensing requirements must 
136.30  be paid at a rate not to exceed $3 an hour per child for daytime 
136.31  child care or $4 an hour per child for evening child care; and 
136.32     (6) reasonable expenses actually incurred to return a child 
136.33  who was a victim of a crime under section 609.25 or 609.26 to 
136.34  the child's parents or lawful custodian.  These expenses are 
136.35  limited to transportation costs, meals, and lodging from the 
136.36  time the child was located until the child was returned home.  
137.1      (b) In the case of death the term is limited to:  
137.2      (1) reasonable expenses actually incurred for funeral, 
137.3   burial, or cremation, not to exceed an amount to be determined 
137.4   by the board on the first day of each fiscal year; 
137.5      (2) reasonable expenses for medical, chiropractic, 
137.6   hospital, rehabilitative, psychological and psychiatric 
137.7   services, products or accommodations which were incurred prior 
137.8   to the victim's death and for which the victim's survivors or 
137.9   estate are liable; 
137.10     (3) loss of support, including contributions of money, 
137.11  products or goods, but excluding services which the victim would 
137.12  have supplied to dependents if the victim had lived; and 
137.13     (4) reasonable expenses incurred for substitute child care 
137.14  and household services to replace those which the victim or 
137.15  claimant would have performed for the benefit of dependents if 
137.16  the victim or the claimant's child had lived.  
137.17     Claims for loss of support for minor children made under 
137.18  clause (3) must be paid for three years or until the child 
137.19  reaches 18 years old, whichever is the shorter period.  After 
137.20  three years, if the child is younger than 18 years old a claim 
137.21  for loss of support may be resubmitted to the board, and the 
137.22  board staff shall evaluate the claim giving consideration to the 
137.23  child's financial need and to the availability of funds to the 
137.24  board.  Claims for loss of support for a spouse made under 
137.25  clause (3) shall also be reviewed at least once every three 
137.26  years.  The board staff shall evaluate the claim giving 
137.27  consideration to the spouse's financial need and to the 
137.28  availability of funds to the board.  
137.29     Claims for substitute child care services made under clause 
137.30  (4) must be limited to the actual care that the deceased victim 
137.31  would have provided to enable surviving family members to pursue 
137.32  economic, educational, and other activities other than 
137.33  recreational activities. 
137.34     Sec. 28.  Minnesota Statutes 1996, section 611A.53, 
137.35  subdivision 1b, is amended to read: 
137.36     Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
138.1   Minnesota resident who is the victim of a crime committed 
138.2   outside the geographical boundaries of this state but who 
138.3   otherwise meets the requirements of this section shall have the 
138.4   same rights under this chapter as if the crime had occurred 
138.5   within this state upon a showing that the state, territory, or 
138.6   United States possession in which the crime occurred does not 
138.7   have a crime victim reparations law covering the resident's 
138.8   injury or death.  
138.9      (b) Notwithstanding paragraph (a), a Minnesota resident who 
138.10  is the victim of a crime involving international terrorism who 
138.11  otherwise meets the requirements of this section, has the same 
138.12  rights under this chapter as if the crime had occurred within 
138.13  this state regardless of where the crime occurred or whether the 
138.14  jurisdiction has a crime victims reparations law. 
138.15     Sec. 29.  Minnesota Statutes 1996, section 611A.675, is 
138.16  amended to read: 
138.17     611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 
138.18     Subdivision 1.  [GRANTS AUTHORIZED.] The crime victims 
138.19  reparations board victim and witness advisory council shall make 
138.20  grants to local law enforcement agencies prosecutors and victim 
138.21  assistance programs for the purpose of providing emergency 
138.22  assistance to victims.  As used in this section, "emergency 
138.23  assistance" includes but is not limited to: 
138.24     (1) replacement of necessary property that was lost, 
138.25  damaged, or stolen as a result of the crime; 
138.26     (2) purchase and installation of necessary home security 
138.27  devices; and 
138.28     (3) transportation to locations related to the victim's 
138.29  needs as a victim, such as medical facilities and facilities of 
138.30  the criminal justice system; 
138.31     (4) cleanup of the crime scene; and 
138.32     (5) reimbursement for reasonable travel and living expenses 
138.33  the victim incurred to attend court proceedings that were held 
138.34  at a location other than the place where the crime occurred due 
138.35  to a change of venue. 
138.36     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
139.1   sheriff or the chief administrative officer of a municipal 
139.2   police department attorney's office or victim assistance program 
139.3   may apply to the board council for a grant for any of the 
139.4   purposes described in subdivision 1 or for any other emergency 
139.5   assistance purpose approved by the board council.  The 
139.6   application must be on forms and pursuant to procedures 
139.7   developed by the board council.  The application must describe 
139.8   the type or types of intended emergency assistance, estimate the 
139.9   amount of money required, and include any other information 
139.10  deemed necessary by the board council. 
139.11     Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
139.12  county sheriff or chief administrative officer of a municipal 
139.13  police department who attorney's office or victim assistance 
139.14  program that receives a grant under this section shall report 
139.15  all expenditures to the board on a quarterly basis.  The sheriff 
139.16  or chief administrative officer shall also file an annual report 
139.17  with the board council itemizing the expenditures made during 
139.18  the preceding year, the purpose of those expenditures, and the 
139.19  ultimate disposition, if any, of each assisted victim's criminal 
139.20  case. 
139.21     Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
139.22  1997 1999, the board council shall report to the chairs of the 
139.23  senate crime prevention and house of representatives judiciary 
139.24  committees on the implementation, use, and administration of the 
139.25  grant program created under this section. 
139.26     Sec. 30.  Minnesota Statutes 1996, section 611A.71, 
139.27  subdivision 5, is amended to read: 
139.28     Subd. 5.  [DUTIES.] The council shall:  
139.29     (1) review on a regular basis the treatment of victims by 
139.30  the criminal justice system and the need and availability of 
139.31  services to victims; 
139.32     (2) advise the agency designated by the governor to apply 
139.33  for victim assistance program grants under chapter 14 of Public 
139.34  Law Number 98-473, in the coordination and allocation of federal 
139.35  funds for crime victims assistance programs; 
139.36     (3) advocate necessary changes and monitor victim-related 
140.1   legislation; 
140.2      (4) provide information, training, and technical assistance 
140.3   to state and local agencies and groups involved in victim and 
140.4   witness assistance; 
140.5      (5) serve as a clearinghouse for information concerning 
140.6   victim and witness programs; 
140.7      (6) develop guidelines for the implementation of victim and 
140.8   witness assistance programs and aid in the creation and 
140.9   development of programs; 
140.10     (7) coordinate the development and implementation of 
140.11  policies and guidelines for the treatment of victims and 
140.12  witnesses, and the delivery of services to them; and 
140.13     (8) develop ongoing public awareness efforts and programs 
140.14  to assist victims; and 
140.15     (9) administer the grant program described in section 
140.16  611A.675. 
140.17     Sec. 31.  Minnesota Statutes 1996, section 611A.71, 
140.18  subdivision 7, is amended to read: 
140.19     Subd. 7.  [EXPIRATION.] The council expires on June 30, 
140.20  1997 1999. 
140.21     Sec. 32.  Minnesota Statutes 1996, section 611A.74, 
140.22  subdivision 1, is amended to read: 
140.23     Subdivision 1.  [CREATION.] The office of crime victim 
140.24  ombudsman for Minnesota is created.  The ombudsman shall be 
140.25  appointed by the commissioner of public safety with the advice 
140.26  of the advisory council, and governor, shall serve in the 
140.27  unclassified service at the pleasure of the commissioner, and 
140.28  shall be selected without regard to political affiliation.  No 
140.29  person may serve as ombudsman while holding any other public 
140.30  office.  The ombudsman is directly accountable to 
140.31  the commissioner of public safety and governor and shall be 
140.32  removed only for just cause.  The ombudsman shall have the 
140.33  authority to investigate decisions, acts, and other matters of 
140.34  the criminal justice system so as to promote the highest 
140.35  attainable standards of competence, efficiency, and justice for 
140.36  crime victims in the criminal justice system. 
141.1      Sec. 33.  Minnesota Statutes 1996, section 611A.74, is 
141.2   amended by adding a subdivision to read: 
141.3      Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
141.4   appoint employees necessary to discharge responsibilities of the 
141.5   office.  The ombudsman may delegate to staff members any of the 
141.6   ombudsman's authority or duties except the duties of formally 
141.7   making recommendations to appropriate authorities and reports to 
141.8   the office of the governor or to the legislature. 
141.9      (b) The commissioner of public safety shall provide office 
141.10  space and administrative support services to the ombudsman and 
141.11  the ombudsman's staff. 
141.12     Sec. 34.  Minnesota Statutes 1996, section 611A.74, 
141.13  subdivision 3, is amended to read: 
141.14     Subd. 3.  [POWERS.] The crime victim ombudsman has those 
141.15  powers necessary to carry out the duties set out in 
141.16  subdivision 1 2, including:  
141.17     (a) The ombudsman may investigate, with or without a 
141.18  complaint, any action of an element of the criminal justice 
141.19  system or a victim assistance program included in subdivision 2. 
141.20     (b) The ombudsman may request and shall be given access to 
141.21  information and assistance the ombudsman considers necessary for 
141.22  the discharge of responsibilities.  The ombudsman may inspect, 
141.23  examine, and be provided copies of records and documents of all 
141.24  elements of the criminal justice system and victim assistance 
141.25  programs.  The ombudsman may request and shall be given access 
141.26  to police reports pertaining to juveniles and juvenile 
141.27  delinquency petitions, notwithstanding section 260.161.  Any 
141.28  information received by the ombudsman retains its data 
141.29  classification under chapter 13 while in the ombudsman's 
141.30  possession.  Juvenile records obtained under this subdivision 
141.31  may not be released to any person. 
141.32     (c) The ombudsman may prescribe the methods by which 
141.33  complaints are to be made, received, and acted upon; may 
141.34  determine the scope and manner of investigations to be made; and 
141.35  subject to the requirements of sections 611A.72 to 611A.74, may 
141.36  determine the form, frequency, and distribution of ombudsman 
142.1   conclusions, recommendations, and proposals.  
142.2      (d) After completing investigation of a complaint, the 
142.3   ombudsman shall inform in writing the complainant, the 
142.4   investigated person or entity, and other appropriate authorities 
142.5   of the action taken.  If the complaint involved the conduct of 
142.6   an element of the criminal justice system in relation to a 
142.7   criminal or civil proceeding, the ombudsman's findings shall be 
142.8   forwarded to the court in which the proceeding occurred.  
142.9      (e) Before announcing a conclusion or recommendation that 
142.10  expressly or impliedly criticizes an administrative agency or 
142.11  any person, the ombudsman shall consult with that agency or 
142.12  person. 
142.13     Sec. 35.  Minnesota Statutes 1996, section 629.725, is 
142.14  amended to read: 
142.15     629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF 
142.16  ARRESTED OR DETAINED PERSON.] 
142.17     When a person arrested or a juvenile detained for a crime 
142.18  of violence or an attempted crime of violence is scheduled to be 
142.19  reviewed under section 629.715 for release from pretrial 
142.20  detention, the court shall make a reasonable and good faith 
142.21  effort to notify the victim of the alleged crime.  If the victim 
142.22  is incapacitated or deceased, notice must be given to the 
142.23  victim's family.  If the victim is a minor, notice must be given 
142.24  to the victim's parent or guardian.  The notification must 
142.25  include: 
142.26     (1) the date and approximate time of the review; 
142.27     (2) the location where the review will occur; 
142.28     (3) the name and telephone number of a person that can be 
142.29  contacted for additional information; and 
142.30     (4) a statement that the victim and the victim's family may 
142.31  attend the review. 
142.32     As used in this section, "crime of violence" has the 
142.33  meaning given it in section 624.712, subdivision 5, and also 
142.34  includes section 609.21, gross misdemeanor violations of section 
142.35  609.224, and nonfelony violations of sections 518B.01, 609.2231, 
142.36  609.3451, 609.748, and 609.749. 
143.1      Sec. 36.  [EFFECTIVE DATE.] 
143.2      Sections 1 to 12, 15, 18, 20, 22, and 26 to 28 are 
143.3   effective August 1, 1997.  Sections 14, 16, 17, 19, 24, and 35 
143.4   are effective August 1, 1997, and apply to offenses committed on 
143.5   or after that date.  Sections 13, 21, and 23 are effective 
143.6   August 1, 1997, and apply to proceedings conducted on or after 
143.7   that date.  Sections 25, and 29 to 34 are effective July 1, 1997.
143.8                              ARTICLE 8
143.9                            PUBLIC SAFETY
143.10     Section 1.  Minnesota Statutes 1996, section 171.29, 
143.11  subdivision 2, is amended to read: 
143.12     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
143.13  license has been revoked as provided in subdivision 1, except 
143.14  under section 169.121 or 169.123, shall pay a $30 fee before the 
143.15  driver's license is reinstated. 
143.16     (b) A person whose driver's license has been revoked as 
143.17  provided in subdivision 1 under section 169.121 or 169.123 shall 
143.18  pay a $250 fee plus a $10 surcharge before the driver's license 
143.19  is reinstated.  The $250 fee is to be credited as follows: 
143.20     (1) Twenty percent shall be credited to the trunk highway 
143.21  fund. 
143.22     (2) Fifty-five percent shall be credited to the general 
143.23  fund. 
143.24     (3) Eight percent shall be credited to a separate account 
143.25  to be known as the bureau of criminal apprehension account.  
143.26  Money in this account may be appropriated to the commissioner of 
143.27  public safety and the appropriated amount shall be apportioned 
143.28  80 percent for laboratory costs and 20 percent for carrying out 
143.29  the provisions of section 299C.065. 
143.30     (4) Twelve percent shall be credited to a separate account 
143.31  to be known as the alcohol-impaired driver education account.  
143.32  Money in the account may be appropriated to the commissioner of 
143.33  children, families, and learning for programs in elementary and 
143.34  secondary schools. 
143.35     (5) Five percent shall be credited to a separate account to 
143.36  be known as the traumatic brain injury and spinal cord injury 
144.1   account.  $100,000 is annually appropriated from the account to 
144.2   the commissioner of human services for traumatic brain injury 
144.3   case management services.  The remaining money in the account is 
144.4   annually appropriated to the commissioner of health to establish 
144.5   and maintain the traumatic brain injury and spinal cord injury 
144.6   registry created in section 144.662 and to reimburse the 
144.7   commissioner of economic security for the reasonable cost of 
144.8   services provided under section 268A.03, clause (o). 
144.9      (c) The $10 surcharge shall be credited to a separate 
144.10  account to be known as the remote electronic alcohol monitoring 
144.11  pilot program account.  Up to $250,000 is annually appropriated 
144.12  from this account to the commissioner of corrections for a 
144.13  remote electronic alcohol monitoring pilot program.  The 
144.14  unencumbered balance remaining in the first year of the biennium 
144.15  does not cancel but is available for the second year.  The 
144.16  commissioner shall transfer the balance of this account to the 
144.17  commissioner of finance on a monthly basis for deposit in the 
144.18  general fund. 
144.19     Sec. 2.  Minnesota Statutes 1996, section 260.161, 
144.20  subdivision 3, is amended to read: 
144.21     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
144.22  for records relating to an offense where proceedings are public 
144.23  under section 260.155, subdivision 1, peace officers' records of 
144.24  children who are or may be delinquent or who may be engaged in 
144.25  criminal acts shall be kept separate from records of persons 18 
144.26  years of age or older and are private data but shall be 
144.27  disseminated:  (1) by order of the juvenile court, (2) as 
144.28  required by section 126.036, (3) as authorized under section 
144.29  13.82, subdivision 2, (4) to the child or the child's parent or 
144.30  guardian unless disclosure of a record would interfere with an 
144.31  ongoing investigation, or (5) as otherwise provided in this 
144.32  subdivision.  Except as provided in paragraph (c), no 
144.33  photographs of a child taken into custody may be taken without 
144.34  the consent of the juvenile court unless the child is alleged to 
144.35  have violated section 169.121 or 169.129.  Peace officers' 
144.36  records containing data about children who are victims of crimes 
145.1   or witnesses to crimes must be administered consistent with 
145.2   section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
145.3   violating any of the provisions of this subdivision shall be 
145.4   guilty of a misdemeanor. 
145.5      In the case of computerized records maintained about 
145.6   juveniles by peace officers, the requirement of this subdivision 
145.7   that records about juveniles must be kept separate from adult 
145.8   records does not mean that a law enforcement agency must keep 
145.9   its records concerning juveniles on a separate computer system.  
145.10  Law enforcement agencies may keep juvenile records on the same 
145.11  computer as adult records and may use a common index to access 
145.12  both juvenile and adult records so long as the agency has in 
145.13  place procedures that keep juvenile records in a separate place 
145.14  in computer storage and that comply with the special data 
145.15  retention and other requirements associated with protecting data 
145.16  on juveniles. 
145.17     (b) Nothing in this subdivision prohibits the exchange of 
145.18  information by law enforcement agencies if the exchanged 
145.19  information is pertinent and necessary to the requesting agency 
145.20  in initiating, furthering, or completing a criminal 
145.21  investigation or for other law enforcement purposes. 
145.22     (c) A photograph may be taken of a child taken into custody 
145.23  pursuant to section 260.165, subdivision 1, clause (b), provided 
145.24  that the photograph must be destroyed when the child reaches the 
145.25  age of 19 years.  The commissioner of corrections may photograph 
145.26  juveniles whose legal custody is transferred to the 
145.27  commissioner.  Photographs of juveniles authorized by this 
145.28  paragraph may be used only for institution management purposes, 
145.29  case supervision by parole agents, and to assist law enforcement 
145.30  agencies to apprehend juvenile offenders.  The commissioner 
145.31  shall maintain photographs of juveniles in the same manner as 
145.32  juvenile court records and names under this section. 
145.33     (d) Traffic investigation reports are open to inspection by 
145.34  a person who has sustained physical harm or economic loss as a 
145.35  result of the traffic accident.  Identifying information on 
145.36  juveniles who are parties to traffic accidents may be disclosed 
146.1   as authorized under section 13.82, subdivision 4, and accident 
146.2   reports required under section 169.09 may be released under 
146.3   section 169.09, subdivision 13, unless the information would 
146.4   identify a juvenile who was taken into custody or who is 
146.5   suspected of committing an offense that would be a crime if 
146.6   committed by an adult, or would associate a juvenile with the 
146.7   offense, and the offense is not a minor traffic offense under 
146.8   section 260.193. 
146.9      (e) A law enforcement agency shall notify the principal or 
146.10  chief administrative officer of a juvenile's school of an 
146.11  incident occurring within the agency's jurisdiction if: 
146.12     (1) the agency has probable cause to believe that the 
146.13  juvenile has committed an offense that would be a crime if 
146.14  committed as an adult, that the victim of the offense is a 
146.15  student or staff member of the school, and that notice to the 
146.16  school is reasonably necessary for the protection of the victim; 
146.17  or 
146.18     (2) the agency has probable cause to believe that the 
146.19  juvenile has committed an offense described in subdivision 1b, 
146.20  paragraph (a), clauses (1) to (3), that would be a crime if 
146.21  committed by an adult, regardless of whether the victim is a 
146.22  student or staff member of the school. 
146.23     A law enforcement agency is not required to notify the 
146.24  school under this paragraph if the agency determines that notice 
146.25  would jeopardize an ongoing investigation.  Notwithstanding 
146.26  section 138.17, data from a notice received from a law 
146.27  enforcement agency under this paragraph must be destroyed when 
146.28  the juvenile graduates from the school or at the end of the 
146.29  academic year when the juvenile reaches age 23, whichever date 
146.30  is earlier.  For purposes of this paragraph, "school" means a 
146.31  public or private elementary, middle, or secondary school. 
146.32     (f) In any county in which the county attorney operates or 
146.33  authorizes the operation of a juvenile prepetition or pretrial 
146.34  diversion program, a law enforcement agency or county attorney's 
146.35  office may provide the juvenile diversion program with data 
146.36  concerning a juvenile who is a participant in or is being 
147.1   considered for participation in the program. 
147.2      (g) Upon request of a local social service agency, peace 
147.3   officer records of children who are or may be delinquent or who 
147.4   may be engaged in criminal acts may be disseminated to the 
147.5   agency to promote the best interests of the subject of the data. 
147.6      Sec. 3.  [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO 
147.7   DISABLED.] 
147.8      Subdivision 1.  [OFFICER DISABLED IN LINE OF DUTY.] (a) 
147.9   This subdivision applies when a peace officer suffers a 
147.10  disabling injury that: 
147.11     (1) results in the officer's retirement or separation from 
147.12  service; 
147.13     (2) occurs while the officer is acting in the course and 
147.14  scope of duties as a peace officer; and 
147.15     (3) the officer has been approved to receive the officer's 
147.16  duty-related disability pension. 
147.17     (b) The officer's employer shall continue to provide health 
147.18  coverage for: 
147.19     (1) the officer; and 
147.20     (2) the officer's dependents if the officer was receiving 
147.21  dependent coverage at the time of the injury under the 
147.22  employer's group health plan. 
147.23     (c) The employer is responsible for the continued payment 
147.24  of the employer's contribution for coverage of the officer and, 
147.25  if applicable, the officer's dependents.  Coverage must continue 
147.26  for the officer and, if applicable, the officer's dependents 
147.27  until the officer reaches the age of 65.  However, coverage for 
147.28  dependents does not have to be continued after the person no 
147.29  longer meets the definition of dependent.  
147.30     Subd. 2.  [OFFICER KILLED IN LINE OF DUTY.] (a) This 
147.31  subdivision applies when a peace officer is killed while on duty 
147.32  and discharging the officer's duties as a peace officer. 
147.33     (b) The officer's employer shall continue to cover the 
147.34  deceased officer's dependents if the officer was receiving 
147.35  dependent coverage at the time of the officer's death under the 
147.36  employer's group health plan. 
148.1      (c) The employer is responsible for the employer's 
148.2   contribution for the coverage of the officer's dependents.  
148.3   Coverage must continue for a dependent of the officer for the 
148.4   period of time that the person meets the definition of dependent 
148.5   up to the age of 65. 
148.6      Subd. 3.  [COORDINATION OF BENEFITS.] Health insurance 
148.7   benefits payable to the officer and the officer's dependents 
148.8   from any other source provides the primary coverage, and 
148.9   coverage available under this section is secondary. 
148.10     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
148.11  employer subject to this section may annually apply to the 
148.12  commissioner of public safety for reimbursement of its costs of 
148.13  complying with this section.  The commissioner shall provide 
148.14  reimbursement to the public employer out of the public safety 
148.15  officer's benefit account. 
148.16     Subd. 5.  [DEFINITION.] For purposes of this section: 
148.17     (a) "Peace officer" or "officer" has the meaning given in 
148.18  section 626.84, subdivision 1, paragraph (c). 
148.19     (b) "Dependent" means a person who meets the definition of 
148.20  dependent in section 62L.02, subdivision 11, at the time of the 
148.21  officer's injury or death. 
148.22     Subd. 6.  [FULL-TIME FIREFIGHTERS.] Subdivisions 1, 2, 3, 
148.23  and 5, paragraph (b), also apply to a full-time firefighter who 
148.24  meets the other terms, conditions, and qualifications under 
148.25  those subdivisions. 
148.26     Sec. 4.  Minnesota Statutes 1996, section 299A.61, 
148.27  subdivision 1, is amended to read: 
148.28     Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
148.29  safety, in cooperation with the commissioner of administration, 
148.30  shall develop and maintain an integrated criminal alert network 
148.31  to facilitate the communication of crime prevention information 
148.32  by electronic means among state agencies, law enforcement 
148.33  officials, and the private sector.  The network shall 
148.34  disseminate data regarding the commission of crimes, including 
148.35  information on missing and endangered children, and attempt to 
148.36  reduce theft and other crime by the use of electronic 
149.1   transmission of information.  In addition, the commissioner 
149.2   shall evaluate the feasibility of using the network to 
149.3   disseminate data regarding the use of fraudulent checks and the 
149.4   coordination of security and antiterrorism efforts with the 
149.5   Federal Bureau of Investigation. 
149.6      Sec. 5.  [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 
149.7   FORCE; GRANTS AUTHORIZED.] 
149.8      Subdivision 1.  [COUNCIL AND STRIKE FORCE ESTABLISHED.] (a) 
149.9   A criminal gang oversight council is established.  The council 
149.10  shall consist of the following individuals or their designees:  
149.11  the commissioner of public safety; the commissioner of 
149.12  corrections; the superintendent of the bureau of criminal 
149.13  apprehension; the attorney general; the Hennepin, Ramsey, St. 
149.14  Louis, and Olmsted county attorneys; the chief law enforcement 
149.15  officers for Minneapolis, St. Paul, St. Cloud, and Duluth; the 
149.16  Hennepin, Ramsey, St. Louis, and Olmsted county sheriffs; a 
149.17  chief of police selected by the president of the Minnesota 
149.18  Association of Chiefs of Police, a representative of the 
149.19  Minnesota Police and Peace Officers Association selected by the 
149.20  president of the association, a county attorney selected by the 
149.21  president of the Minnesota County Attorneys Association; a 
149.22  sheriff selected by the president of the Minnesota Sheriffs 
149.23  Association from a county in the seven-county metropolitan area 
149.24  other than Hennepin or Ramsey county; and a sheriff selected by 
149.25  the president of the Minnesota Sheriffs Association from a 
149.26  county outside the seven-county metropolitan area.  The attorney 
149.27  general and the commissioner of public safety shall serve as the 
149.28  cochairs of the council.  The council shall develop the protocol 
149.29  for and oversee the creation and operation of a statewide 
149.30  criminal gang strike force.  The council shall be responsible 
149.31  for developing a statewide strategic plan to investigate and 
149.32  prosecute crimes committed by criminal gangs.  As far as 
149.33  practicable, this plan must address all criminal gangs operating 
149.34  in the state regardless of location or the motivation or 
149.35  ethnicity of the gangs' members.  The plan must target 
149.36  individuals or groups based on specific identifiable activity 
150.1   that indicates gang membership or criminal behavior, not their 
150.2   physical appearance.  The plan must list what constitutes gang 
150.3   activity.  The plan must take into account the rights of groups 
150.4   and individuals that the strike force may target and protect 
150.5   against abuses of these rights.  The strike force shall consist 
150.6   of law enforcement officers, bureau of criminal apprehension 
150.7   agents, a prosecutorial unit, and a communications and 
150.8   intelligence network.  The strike force shall implement the 
150.9   strategy developed by the council and is responsible for 
150.10  tactical decisions regarding the implementation of the 
150.11  strategy.  In addition and upon request, the strike force shall 
150.12  assist and train local governmental units, law enforcement 
150.13  agencies, and prosecutor's offices in methods to identify 
150.14  criminal gangs and gang members and in ways to successfully 
150.15  prosecute crimes committed by these individuals.  To the 
150.16  greatest extent possible, the strike force shall operate as a 
150.17  cohesive unit exclusively for the purposes listed in this 
150.18  section for a two-year period.  If regional units are created 
150.19  under paragraph (e), the council shall ensure that the existence 
150.20  and operation of these units do not impair the overall goal of a 
150.21  uniform statewide strategy to combat crimes committed by gangs. 
150.22     (b) The council shall select the members of the strike 
150.23  force and ensure that they are experienced in the investigation 
150.24  and prosecution of crimes committed by criminal gangs.  The 
150.25  council shall ensure that all law enforcement officers selected 
150.26  to join the strike force are licensed peace officers.  In 
150.27  selecting members of the strike force, the council shall consult 
150.28  with chiefs of local law enforcement agencies, sheriffs, county 
150.29  attorneys, and other interested parties.  The council shall 
150.30  request these individuals to recommend willing and experienced 
150.31  persons under their jurisdiction who would help the strike force 
150.32  and to permit those persons to join it.  To the greatest extent 
150.33  possible, entities contributing members to the strike force are 
150.34  encouraged to also contribute equipment and other support.  The 
150.35  council shall attempt to ensure that these entities do so. 
150.36     (c) Members of the strike force shall serve on the force 
151.1   for the entirety of its existence unless the council decides 
151.2   otherwise.  Members shall continue to be employed by the same 
151.3   organization they were employed by prior to joining the strike 
151.4   force.  However, a member shall be under the exclusive command 
151.5   of the strike force while serving on the strike force.  A member 
151.6   of the strike force may request a transfer from the council if 
151.7   the member desires to be transferred back to the position the 
151.8   member held before joining the strike force.  Additionally, a 
151.9   local law enforcement agency head may require the strike force 
151.10  immediately to transfer back a peace officer member of the 
151.11  strike force temporarily or permanently based on departmental 
151.12  needs.  The council shall approve and arrange for a transfer of 
151.13  a member who is not a peace officer as soon as is practicable.  
151.14  If a member is transferred from the strike force, the person in 
151.15  charge of the organization from which the member came, shall 
151.16  arrange for an experienced individual, acceptable to the 
151.17  council, to replace the transferred person on the strike force.  
151.18  If this arrangement cannot be made, any grant received under 
151.19  subdivision 5 must be repaid on a prorated basis. 
151.20     (d) The council may designate a member of the strike force 
151.21  to be its leader and if any regional units authorized under 
151.22  paragraph (e) are created, may designate leaders of the units.  
151.23  This person or these persons shall serve at the pleasure of the 
151.24  council and shall be responsible for the day-to-day operation of 
151.25  the strike force or unit.  However, the council is responsible 
151.26  for the oversight of the strike force and any individual units. 
151.27     (e) If the council decides that it would be more effective 
151.28  and efficient to have distinct regional units concentrating on 
151.29  specific areas of the state within the strike force, it may do 
151.30  so either by initially creating various regional units within 
151.31  the strike force and selecting members accordingly or by doing 
151.32  so at a later date.  If the council chooses to do this, the 
151.33  other provisions of this section shall still apply to the 
151.34  individual units and the council shall still have the duty and 
151.35  authority to develop necessary protocols for and to oversee the 
151.36  operation of each individual unit.  The council may continue to 
152.1   alter the structure of the strike force and any units composing 
152.2   it in any way designed to further its effectiveness and to carry 
152.3   out the intent of this section. 
152.4      (f) The prosecutorial unit of the strike force shall serve 
152.5   under the direction of a prosecution working group.  The 
152.6   prosecution working group consists of the attorney general and 
152.7   the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys.  
152.8   The prosecution working group may invite the United States 
152.9   attorney for the district of Minnesota to serve as an ex-officio 
152.10  member of the prosecution working group.  The attorney general 
152.11  shall serve as the chair of the prosecution working group. 
152.12     The prosecution working group described in paragraph (a) 
152.13  shall develop a policy delineating the role of the attorneys in 
152.14  the strike force and specifying how criminal cases developed by 
152.15  the strike force will be prosecuted.  To the greatest extent 
152.16  possible, this policy must utilize the expertise of county and 
152.17  city attorneys throughout the state, the attorney general's 
152.18  office, and the United States Attorney's Office; and must 
152.19  maximize cooperation with these prosecutors.  It must also 
152.20  address the role of the prosecutorial unit in other matters, 
152.21  including, but not limited to, training local prosecutors in 
152.22  prosecuting cases involving criminal gangs, interviewing 
152.23  witnesses, and cooperating with other strike force members in 
152.24  developing and building strong cases.  The policy shall be 
152.25  submitted to the council for review. 
152.26     (g) The assistant attorney general assigned to the strike 
152.27  force, in addition to helping develop the policy described in 
152.28  paragraph (f) and in carrying out the individual tasks specified 
152.29  in the policy after it is approved by the council, shall 
152.30  generally advise the council on any matters that the council 
152.31  deems appropriate.  The attorney general or a designee also will 
152.32  serve as a liaison between the criminal gang oversight council 
152.33  established in this subdivision and the councils created in 
152.34  sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney 
152.35  general or a designee will be responsible for: 
152.36     (1) informing the councils of the criminal gang oversight 
153.1   council's plans, activities, and decisions and hearing their 
153.2   reactions to those plans, activities, and decisions; and 
153.3      (2) providing the criminal gang oversight council with 
153.4   information about the councils' position on the oversight 
153.5   council's plans, activities, and decisions. 
153.6      In no event is the criminal gang oversight council required 
153.7   to disclose the names of individuals identified by it to the 
153.8   councils referenced in this paragraph. 
153.9      Nothing in this paragraph changes the data classification 
153.10  of any data held by the oversight council. 
153.11     Subd. 2.  [STATEWIDE JURISDICTION.] Law enforcement 
153.12  officers who are members of the strike force shall have 
153.13  statewide jurisdiction to conduct criminal investigations and 
153.14  shall possess the same powers of arrest as those possessed by a 
153.15  sheriff.  Prosecutors assigned to the prosecutorial unit of the 
153.16  strike force shall have all the powers of an assistant attorney 
153.17  general under section 8.01 to prosecute gang crimes investigated 
153.18  throughout the state by the law enforcement officers assigned to 
153.19  the strike force. 
153.20     Subd. 3.  [LIABILITY AND WORKERS' COMPENSATION.] While 
153.21  operating under the scope of this section, members of the strike 
153.22  force are "employees of the state" as defined in section 3.736 
153.23  and are considered employees of the department of public safety 
153.24  for purposes of chapter 176. 
153.25     Subd. 4.  [REQUIRED REPORT.] By February 1 of each year, 
153.26  the council shall report to the chairs of the senate and house 
153.27  of representatives committees or divisions having jurisdiction 
153.28  over criminal justice policy and funding on the activities of 
153.29  the council and strike force. 
153.30     Subd. 5.  [REIMBURSEMENT GRANTS AUTHORIZED.] The council 
153.31  may award grants to local law enforcement agencies, county 
153.32  attorney's and sheriff's offices, and other organizations that 
153.33  have contributed members to the strike force to hire new persons 
153.34  to replace those who have joined the force.  A grant may cover a 
153.35  two-year period and reimburse the recipient for up to 100 
153.36  percent of the salary of the departed person.  A recipient of a 
154.1   grant under this subdivision shall use the money to hire a new 
154.2   person to replace the person who has joined the strike force, 
154.3   thus, keeping its complement of employees at the same level.  
154.4   The money may not be used to pay for equipment or uniforms. 
154.5      Subd. 6.  [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 
154.6   CRIMINAL GANGS.] (a) The council may award grants to local law 
154.7   enforcement agencies and city and county attorneys' offices to 
154.8   expand the agency's or office's capacity to successfully 
154.9   investigate and prosecute crimes committed by criminal gangs. 
154.10     (b) Grant applicants under this subdivision shall submit to 
154.11  the council a detailed plan describing the uses for which the 
154.12  money will be put.  The council shall evaluate grant 
154.13  applications and award grants in a manner that will best ensure 
154.14  positive results.  The council may award grants to purchase 
154.15  necessary equipment and to develop or upgrade computer systems 
154.16  if the council determines that this will best aid the 
154.17  recipient's attempts to combat criminal gangs.  The council 
154.18  shall require recipients of grants to provide follow-up reports 
154.19  to the council detailing the success of the recipient in 
154.20  combating criminal gangs. 
154.21     (c) The council shall condition grants made under this 
154.22  subdivision to require that recipients agree to cooperate with 
154.23  the council and the bureau of criminal apprehension in creating 
154.24  and expanding a comprehensive criminal gang information system 
154.25  and in implementing the strategy developed by the council to 
154.26  combat criminal gangs.  Grant recipients shall agree to provide 
154.27  the council and bureau with any requested information regarding 
154.28  the activities and characteristics of criminal gangs and gang 
154.29  members operating within its jurisdiction. 
154.30     Sec. 6.  Minnesota Statutes 1996, section 299A.63, 
154.31  subdivision 4, is amended to read: 
154.32     Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
154.33  general may assist cities and local law enforcement officials in 
154.34  developing and implementing anticrime and neighborhood community 
154.35  revitalization strategies and may assist local prosecutors in 
154.36  prosecuting crimes occurring in the targeted neighborhoods that 
155.1   receive funding under this section.  Upon request of the local 
155.2   prosecuting authority, the attorney general may appear in court 
155.3   in those civil and criminal cases arising as a result of this 
155.4   section that the attorney general deems appropriate.  For the 
155.5   purposes of this section, the attorney general may appear in 
155.6   court in nuisance actions under chapter 617, and misdemeanor 
155.7   prosecutions under chapter 609.  
155.8      (b) The attorney general shall develop may assist cities in 
155.9   developing appropriate applications to the United States 
155.10  Department of Justice for federal weed and seed grants for use 
155.11  in conjunction with grants awarded under this section. 
155.12     Sec. 7.  Minnesota Statutes 1996, section 299C.10, 
155.13  subdivision 4, is amended to read: 
155.14     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
155.15  APPROPRIATION.] The superintendent shall collect a fee in an 
155.16  amount to cover the expense for each background check provided 
155.17  for a purpose not directly related to the criminal justice 
155.18  system or required by section 624.7131, 624.7132, or 624.714.  
155.19  The proceeds of the fee must be deposited in a special account.  
155.20  Until July 1, 1997, Money in the account is appropriated to the 
155.21  commissioner to maintain and improve the quality of the criminal 
155.22  record system in Minnesota. 
155.23     Sec. 8.  Minnesota Statutes 1996, section 299C.65, is 
155.24  amended by adding a subdivision to read: 
155.25     Subd. 5.  [REVIEW OF FUNDING REQUESTS.] The criminal and 
155.26  juvenile justice information policy group shall review the 
155.27  funding requests for criminal justice information systems from 
155.28  state, county, and municipal government agencies.  The policy 
155.29  group shall review the requests for compatibility to statewide 
155.30  criminal justice information systems.  The review shall be 
155.31  forwarded to the chairs of the house judiciary committee and 
155.32  judiciary finance division, and the chairs of the senate crime 
155.33  prevention committee and crime prevention and judiciary finance 
155.34  division. 
155.35     Sec. 9.  Minnesota Statutes 1996, section 299D.07, is 
155.36  amended to read: 
156.1      299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 
156.2      The commissioner of public safety is hereby authorized to 
156.3   retain, acquire, maintain and operate helicopters and fixed wing 
156.4   aircraft for the purposes of the highway patrol and the Bureau 
156.5   of Criminal Apprehension and for any other law enforcement 
156.6   purpose that the commissioner determines is appropriate.  The 
156.7   commissioner also is authorized to employ state patrol officer 
156.8   pilots as required. 
156.9      Sec. 10.  Minnesota Statutes 1996, section 299F.051, is 
156.10  amended to read: 
156.11     299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 
156.12  PEACE OFFICERS.] 
156.13     Subdivision 1.  [CONTENT TRAINING UNIT.] An arson training 
156.14  unit is established within the division of fire marshal to 
156.15  develop and administer arson training courses throughout the 
156.16  state for law enforcement and fire service personnel and for 
156.17  prosecutors. 
156.18     Subd. 1a.  [CURRICULUM.] The superintendent of the arson 
156.19  training unit, in consultation with the bureau of criminal 
156.20  apprehension, after consultation with the state fire marshal, 
156.21  the Minnesota peace officers officer standards and training 
156.22  board, the county attorneys association, the attorney general, 
156.23  and the state advisory council on fire service education and 
156.24  research, shall establish the content of a standardized 
156.25  curriculum to be included in the training programs which shall 
156.26  be available to firefighters and peace officers from political 
156.27  subdivisions.  The content standardized curriculum shall include 
156.28  fire scene investigation and preservation of evidence, 
156.29  interviewing of witnesses and suspects, constitutional limits on 
156.30  interrogation by sworn and nonsworn officers, and other topics 
156.31  deemed necessary to successful criminal investigation. and 
156.32  prosecution.  The training program offered to peace officers 
156.33  shall meet the applicable preservice training requirements 
156.34  established by the peace officer standards and training board 
156.35  under section 626.8456. 
156.36     Subd. 2.  [TRAINING LOCATIONS, INSTRUCTORS.] The arson 
157.1   training unit, in cooperation with the superintendent of the 
157.2   bureau of criminal apprehension, the board of peace officer 
157.3   standards and training, the county attorneys association, and 
157.4   the attorney general, shall provide courses at convenient 
157.5   locations in the state for training firefighters and, peace 
157.6   officers, and prosecutors in: 
157.7      (1) the conduct of investigations following the occurrence 
157.8   of a fire; and 
157.9      (2) the prosecution of arson cases. 
157.10     For this purpose, the superintendent arson training unit 
157.11  may use the services and employees of the bureau, the state fire 
157.12  marshal, and the attorney general.  In addition, after 
157.13  consultation with the state fire marshal, the superintendent the 
157.14  arson training unit is authorized to establish minimum 
157.15  qualifications for training course instructors, and engage 
157.16  part-time instructors necessary and proper to furnish the best 
157.17  possible instruction, subject to the limitation of funds 
157.18  appropriated and available for expenditure.  Laws 1981, chapter 
157.19  210, sections 1 to 48, shall not apply to the part-time 
157.20  instructors. 
157.21     Subd. 3.  [IN-SERVICE TRAINING.] The state fire marshal and 
157.22  the superintendent of arson training unit, in cooperation with 
157.23  the bureau of criminal apprehension, in cooperation with the 
157.24  Minnesota board of peace officer standards and training, shall 
157.25  encourage the establishment of offer in-service and refresher 
157.26  training for firefighters and peace officers through schools 
157.27  administered by the state, county, school district, 
157.28  municipality, or joint or contractual combinations thereof.  The 
157.29  in-service training courses offered for peace officers shall be 
157.30  eligible for continuing education credit from the Minnesota 
157.31  board of peace officers officer standards and training shall 
157.32  report to the governor and legislature on the progress made in 
157.33  this effort as provided in section 626.843. 
157.34     Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
157.35  state fire marshal and the superintendent of the bureau of 
157.36  criminal apprehension shall encourage the cooperation of local 
158.1   firefighters and peace officers in the investigation of 
158.2   violations of sections 609.561 to 609.576 or other crimes 
158.3   associated with reported fires in all appropriate ways, 
158.4   including the providing reimbursement of to political 
158.5   subdivisions at a rate not to exceed 50 percent of the salaries 
158.6   of peace officers and firefighters for time spent in attending 
158.7   fire investigation training courses offered by the bureau arson 
158.8   training unit.  Volunteer firefighters from a political 
158.9   subdivision shall be reimbursed at the rate of $35 per day plus 
158.10  expenses incurred in attending fire investigation training 
158.11  courses offered by the bureau arson training unit.  
158.12  Reimbursement shall be made only in the event that both a peace 
158.13  officer and a firefighter from the same political subdivision 
158.14  attend the same training course.  The reimbursement shall be 
158.15  subject to the limitation of funds appropriated and available 
158.16  for expenditure.  The state fire marshal and the superintendent 
158.17  also shall encourage local firefighters and peace officers to 
158.18  seek assistance from the arson strike force established in 
158.19  section 299F.058. 
158.20     Sec. 11.  [299F.058] [ARSON STRIKE FORCE.] 
158.21     Subdivision 1.  [ARSON STRIKE FORCE.] A multijurisdictional 
158.22  arson strike force is established to provide expert 
158.23  investigative and prosecutorial assistance to local agencies on 
158.24  request in complex or serious cases involving suspected arson. 
158.25     Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
158.26  of representatives from the following agencies and organizations:
158.27     (1) the division of fire marshal; 
158.28     (2) the bureau of criminal apprehension; 
158.29     (3) the office of attorney general; 
158.30     (4) the Minnesota county attorneys association; 
158.31     (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
158.32  United States Treasury Department; 
158.33     (6) the Minneapolis police and fire arson unit; 
158.34     (7) the St. Paul police and fire arson unit; 
158.35     (8) licensed private detectives selected by the state fire 
158.36  marshal or the attorney general or their designees; and 
159.1      (9) any other arson experts the arson strike force deems 
159.2   appropriate to include. 
159.3      The arson strike force, as necessary, may consult and work 
159.4   with representatives of property insurance agencies and 
159.5   organizations and any other private organizations that have 
159.6   expertise in arson investigations and prosecutions. 
159.7      (b) Representatives from the attorney general's office and 
159.8   the county attorneys association who are members of the arson 
159.9   strike force shall assist in administering the strike force. 
159.10     Subd. 3.  [INVESTIGATIVE DUTIES.] (a) The arson strike 
159.11  force shall be available on a statewide basis to assist local 
159.12  public safety agencies in investigating the following types of 
159.13  suspected arson cases: 
159.14     (1) serial fires; 
159.15     (2) multijurisdictional fires; 
159.16     (3) fires causing death or serious injury to a public 
159.17  safety officer; 
159.18     (4) fires resulting in multiple deaths or injuries; or 
159.19     (5) fires causing over $1,000,000 in damage. 
159.20     (b) The arson strike force shall establish a mechanism for 
159.21  informing local public safety agencies that it is available to 
159.22  assist in the investigation of the suspected arson cases 
159.23  described in paragraph (a). 
159.24     (c) The arson strike force shall, by means of a memorandum 
159.25  of understanding among the involved agencies, develop and 
159.26  implement a protocol for the strike force's activation and 
159.27  operation in local cases of suspected arson. 
159.28     (d) The arson strike force shall assist the arson training 
159.29  unit established in section 299F.051 in developing and 
159.30  implementing educational programs for public safety personnel on 
159.31  investigating arson cases. 
159.32     Subd. 4.  [PROSECUTION DUTIES.] (a) The arson strike force 
159.33  may identify and establish a team of prosecutors with experience 
159.34  in arson cases who will provide advice, on request, to local 
159.35  prosecutors who are prosecuting or preparing to prosecute arson 
159.36  cases.  This team shall include prosecutors from the attorney 
160.1   general's office and county prosecutors who are identified and 
160.2   selected by the county attorneys association. 
160.3      (b) The arson strike force shall assist the arson training 
160.4   unit established in section 299F.051 in developing educational 
160.5   programs and manuals to assist prosecutors in prosecuting arson 
160.6   cases. 
160.7      Sec. 12.  [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 
160.8      Subdivision 1.  [INTERVENTION NETWORK.] The state fire 
160.9   marshal shall establish a statewide juvenile firesetter 
160.10  intervention network.  The network shall include a clearinghouse 
160.11  of resources and materials to assist fire service personnel, 
160.12  schools, law enforcement agencies, and mental health 
160.13  professionals in understanding juvenile firesetting behavior and 
160.14  symptoms and intervening with juveniles who engage in the 
160.15  behavior or display the symptoms.  The state fire marshal shall 
160.16  include in the network the comprehensive, injury prevention 
160.17  education curriculum provided for in subdivision 2. 
160.18     Subd. 2.  [EDUCATIONAL CURRICULUM.] The state fire marshal 
160.19  shall ensure implementation of a comprehensive, injury 
160.20  prevention education curriculum that focuses on juvenile fire 
160.21  play intervention and injury prevention.  The curriculum shall 
160.22  be made available to schools and other interested organizations 
160.23  statewide. 
160.24     Subd. 3.  [ANNUAL TRAINING FORUM.] The state fire marshal 
160.25  shall develop strategies and plans designed to reduce the number 
160.26  of juvenile firesetting incidents.  The state fire marshal shall 
160.27  offer an annual training forum for fire service and law 
160.28  enforcement personnel and for juvenile justice, medical, 
160.29  educational, mental health, and other interested professionals 
160.30  to discuss these strategies and other issues relating to 
160.31  juvenile firesetter behavior and symptoms. 
160.32     Subd. 4.  [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 
160.33  CHILDREN.] The state fire marshal shall develop an ongoing media 
160.34  awareness campaign to instruct parents, retailers, and the 
160.35  community on the importance of keeping fire materials away from 
160.36  children and on methods for accomplishing that objective.  
161.1      Sec. 13.  Minnesota Statutes 1996, section 299F.06, 
161.2   subdivision 3, is amended to read: 
161.3      Subd. 3.  [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 
161.4   EVIDENCE.] Any witness who refuses to be sworn, or who refuses 
161.5   to testify, or who disobeys any lawful order of the state fire 
161.6   marshal, chief assistant fire marshal, or deputy state fire 
161.7   marshal in relation to the investigation, or who fails or 
161.8   refuses to produce any paper, book, or document touching any 
161.9   matter under examination, or who is guilty of any contemptuous 
161.10  conduct, after being summoned to appear before them to give 
161.11  testimony in relation to any matter or subject under examination 
161.12  or investigation may be summarily punished by the state fire 
161.13  marshal, chief assistant state fire marshal, or deputy state 
161.14  fire marshals as for contempt by a fine in a sum not exceeding 
161.15  $100 or be committed to the county jail until such time as such 
161.16  person may be willing to comply with any reasonable order made 
161.17  by the state fire marshal, chief assistant state fire marshal, 
161.18  or deputy state fire marshals, as provided in this chapter any 
161.19  district court in the same manner as if the proceedings were 
161.20  pending in that court, and subject to the provisions of section 
161.21  588.01. 
161.22     Sec. 14.  Minnesota Statutes 1996, section 609.035, 
161.23  subdivision 1, is amended to read: 
161.24     Subdivision 1.  Except as provided in subdivision 
161.25  subdivisions 2, subdivision 3, and 4, and in sections 609.251, 
161.26  609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 
161.27  609.494, and 609.856, if a person's conduct constitutes more 
161.28  than one offense under the laws of this state, the person may be 
161.29  punished for only one of the offenses and a conviction or 
161.30  acquittal of any one of them is a bar to prosecution for any 
161.31  other of them.  All the offenses, if prosecuted, shall be 
161.32  included in one prosecution which shall be stated in separate 
161.33  counts. 
161.34     Sec. 15.  Minnesota Statutes 1996, section 609.035, is 
161.35  amended by adding a subdivision to read: 
161.36     Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
162.1   section 609.04, a prosecution for or conviction of a violation 
162.2   of sections 609.561 to 609.563 or 609.5641 is not a bar to 
162.3   conviction of or punishment for any other crime committed by the 
162.4   defendant as part of the same conduct when the defendant is 
162.5   shown to have violated sections 609.561 to 609.563 or 609.5641 
162.6   for the purpose of concealing any other crime. 
162.7      For purposes of the sentencing guidelines, a violation of 
162.8   sections 609.561 to 609.593 or 609.5641 is a crime against the 
162.9   person. 
162.10     Sec. 16.  Minnesota Statutes 1996, section 609.115, 
162.11  subdivision 1, is amended to read: 
162.12     Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
162.13  defendant has been convicted of a misdemeanor or gross 
162.14  misdemeanor, the court may, and when the defendant has been 
162.15  convicted of a felony, the court shall, before sentence is 
162.16  imposed, cause a presentence investigation and written report to 
162.17  be made to the court concerning the defendant's individual 
162.18  characteristics, circumstances, needs, potentialities, criminal 
162.19  record and social history, the circumstances of the offense and 
162.20  the harm caused by it to others and to the community.  At the 
162.21  request of the prosecutor in a gross misdemeanor case, the court 
162.22  shall order that a presentence investigation and report be 
162.23  prepared.  The investigation shall be made by a probation 
162.24  officer of the court, if there is one; otherwise it shall be 
162.25  made by the commissioner of corrections.  The officer conducting 
162.26  the presentence or predispositional investigation shall make 
162.27  reasonable and good-faith efforts to contact and provide the 
162.28  victim with the information required under section 611A.037, 
162.29  subdivision 2.  Presentence investigations shall be conducted 
162.30  and summary hearings held upon reports and upon the sentence to 
162.31  be imposed upon the defendant in accordance with this section, 
162.32  section 244.10, and the rules of criminal procedure. 
162.33     (b) When the crime is a violation of sections 609.561 to 
162.34  609.563, 609.5641, or 609.576 and involves a fire, the report 
162.35  shall include a description of the financial and physical harm 
162.36  the offense has had on the public safety personnel who responded 
163.1   to the fire.  For purposes of this paragraph, "public safety 
163.2   personnel" means the state fire marshal; employees of the 
163.3   division of the state fire marshal; firefighters, regardless of 
163.4   whether the firefighters receive any remuneration for providing 
163.5   services; peace officers, as defined in section 626.05, 
163.6   subdivision 2; individuals providing emergency management 
163.7   services; and individuals providing emergency medical services. 
163.8      (c) When the crime is a felony violation of chapter 152 
163.9   involving the sale or distribution of a controlled substance, 
163.10  the report shall include a description of any adverse social or 
163.11  economic effects the offense has had on persons who reside in 
163.12  the neighborhood where the offense was committed. 
163.13     (d) The report shall also include the information relating 
163.14  to crime victims required under section 611A.037, subdivision 1. 
163.15  If the court directs, the report shall include an estimate of 
163.16  the prospects of the defendant's rehabilitation and 
163.17  recommendations as to the sentence which should be imposed.  In 
163.18  misdemeanor cases the report may be oral. 
163.19     (e) When a defendant has been convicted of a felony, and 
163.20  before sentencing, the court shall cause a sentencing worksheet 
163.21  to be completed to facilitate the application of the Minnesota 
163.22  sentencing guidelines.  The worksheet shall be submitted as part 
163.23  of the presentence investigation report.  
163.24     The investigation shall be made by a probation officer of 
163.25  the court, if there is one, otherwise by the commissioner of 
163.26  corrections.  The officer conducting the presentence or 
163.27  predispositional investigation shall make reasonable and good 
163.28  faith efforts to contact the victim of that crime and to provide 
163.29  that victim with the information required under section 
163.30  611A.037, subdivision 2. 
163.31     (f) When a person is convicted of a felony for which the 
163.32  sentencing guidelines presume that the defendant will be 
163.33  committed to the commissioner of corrections under an executed 
163.34  sentence and no motion for a sentencing departure has been made 
163.35  by counsel, the court may, when there is no space available in 
163.36  the local correctional facility, commit the defendant to the 
164.1   custody of the commissioner of corrections, pending completion 
164.2   of the presentence investigation and report.  When a defendant 
164.3   is convicted of a felony for which the sentencing guidelines do 
164.4   not presume that the defendant will be committed to the 
164.5   commissioner of corrections, or for which the sentencing 
164.6   guidelines presume commitment to the commissioner but counsel 
164.7   has moved for a sentencing departure, the court may commit the 
164.8   defendant to the commissioner with the consent of the 
164.9   commissioner, pending completion of the presentence 
164.10  investigation and report.  The county of commitment shall return 
164.11  the defendant to the court when the court so orders. 
164.12     Presentence investigations shall be conducted and summary 
164.13  hearings held upon reports and upon the sentence to be imposed 
164.14  upon the defendant in accordance with this section, section 
164.15  244.10, and the rules of criminal procedure. 
164.16     Sec. 17.  [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 
164.17  ARSON AWARENESS.] 
164.18     Subdivision 1.  [TRAINING COURSE.] The board, in 
164.19  consultation with the division of fire marshal, shall prepare 
164.20  objectives for a training course to instruct peace officers in 
164.21  fire scene response and arson awareness.  
164.22     Subd. 2.  [PRESERVICE TRAINING REQUIREMENT.] An individual 
164.23  is not eligible to take the peace officer licensing examination 
164.24  after August 1, 1998, unless the individual has received the 
164.25  training described in subdivision 1. 
164.26     Sec. 18.  [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 
164.27  AGENTS TO STRIKE FORCE.] 
164.28     The superintendent of the bureau of criminal apprehension 
164.29  shall assign experienced agents to the strike force described in 
164.30  section 299A.625.  These agents shall operate exclusively for 
164.31  the purposes listed in section 299A.625 under the protocol 
164.32  developed by the criminal gang oversight council. 
164.33     Sec. 19.  [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 
164.34  STRIKE FORCE.] 
164.35     The attorney general shall assign an assistant attorney 
164.36  general experienced in the prosecution of crimes committed by 
165.1   criminal gangs to the strike force described in section 299A.625.
165.2   This attorney shall operate exclusively for the purposes listed 
165.3   in section 299A.625 under the protocol developed by the 
165.4   prosecution working group. 
165.5      Sec. 20.  [REPEALER.] 
165.6      Minnesota Statutes 1996, sections 299A.01, subdivision 6; 
165.7   and 299F.07, are repealed.  Minnesota Rules, parts 7419.0100; 
165.8   7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 
165.9   7419.0700; and 7419.0800, are repealed. 
165.10     Sec. 21.  [EFFECTIVE DATE.] 
165.11     Sections 14 to 16 are effective August 1, 1997, and apply 
165.12  to crimes committed on or after that date. 
165.13                             ARTICLE 9
165.14                            CORRECTIONS
165.15     Section 1.  Minnesota Statutes 1996, section 144.761, 
165.16  subdivision 5, is amended to read: 
165.17     Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
165.18  "Emergency medical services personnel" means: 
165.19     (1) individuals employed to provide prehospital emergency 
165.20  medical services; 
165.21     (2) persons employed as licensed police officers under 
165.22  section 626.84, subdivision 1, who experience a significant 
165.23  exposure in the performance of their duties; 
165.24     (3) firefighters, paramedics, emergency medical 
165.25  technicians, licensed nurses, rescue squad personnel, or other 
165.26  individuals who serve as employees or volunteers of an ambulance 
165.27  service as defined by sections 144.801 to 144.8091, who provide 
165.28  prehospital emergency medical services; 
165.29     (4) crime lab personnel receiving a significant exposure 
165.30  while involved in a criminal investigation; 
165.31     (5) correctional guards, including security guards at the 
165.32  Minnesota security hospital, employed by the state or a local 
165.33  unit of government who experience employed in state and local 
165.34  correctional facilities and other employees of the state 
165.35  department of corrections, if the guard or employee experiences 
165.36  a significant exposure to an inmate who is transported to a 
166.1   facility for emergency medical care in the performance of their 
166.2   duties; and 
166.3      (6) employees at the Minnesota security hospital and the 
166.4   Minnesota sexual psychopathic personality treatment center who 
166.5   are employed by the state or a local unit of government and who 
166.6   experience a significant exposure in the performance of their 
166.7   duties; and 
166.8      (7) other persons who render emergency care or assistance 
166.9   at the scene of an emergency, or while an injured person is 
166.10  being transported to receive medical care, and who would qualify 
166.11  for immunity from liability under the good samaritan law, 
166.12  section 604A.01. 
166.13     Sec. 2.  Minnesota Statutes 1996, section 144.761, 
166.14  subdivision 7, is amended to read: 
166.15     Subd. 7.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
166.16  means: 
166.17     (1) contact, in a manner supported by contemporary 
166.18  epidemiological research as a method of HIV or hepatitis B 
166.19  transmission, of the broken skin or mucous membrane of emergency 
166.20  medical services personnel with a patient's blood, amniotic 
166.21  fluid, pericardial fluid, peritoneal fluid, pleural fluid, 
166.22  synovial fluid, cerebrospinal fluid, semen, vaginal secretions, 
166.23  or bodily fluids grossly contaminated with blood; 
166.24     (2) a needle stick, scalpel or instrument wound, or other 
166.25  wound inflicted by an object that is contaminated with blood, 
166.26  and that is capable of cutting or puncturing the skin of 
166.27  emergency medical services personnel; or 
166.28     (3) an exposure that occurs by any other method of 
166.29  transmission recognized by contemporary epidemiological 
166.30  standards as a significant exposure. 
166.31     Sec. 3.  Minnesota Statutes 1996, section 144.762, 
166.32  subdivision 2, is amended to read: 
166.33     Subd. 2.  [REQUIREMENTS FOR PROTOCOL.] The postexposure 
166.34  notification protocol must include the following: 
166.35     (1) a method for emergency medical services personnel to 
166.36  notify the facility that they may have experienced a significant 
167.1   exposure from a patient that was transported to the facility.  
167.2   The facility shall provide to the emergency medical services 
167.3   personnel a significant exposure report form to be completed by 
167.4   the emergency medical services personnel in a timely fashion; 
167.5      (2) a process to investigate and determine whether a 
167.6   significant exposure has occurred.  This investigation must be 
167.7   completed within 72 hours of receipt of the exposure report, or 
167.8   within a time period that will enable the patient to benefit 
167.9   from contemporary standards of care for reducing the risk of 
167.10  infection; 
167.11     (3) if there has been a significant exposure, a process to 
167.12  determine whether the patient has hepatitis B or HIV infection; 
167.13     (4) if the patient has an infectious disease that could be 
167.14  transmitted by the type of exposure that occurred, or, if it is 
167.15  not possible to determine what disease the patient may have, a 
167.16  process for making recommendations for appropriate counseling 
167.17  and testing to the emergency medical services personnel; 
167.18     (5) compliance with applicable state and federal laws 
167.19  relating to data practices, confidentiality, informed consent, 
167.20  and the patient bill of rights; and 
167.21     (6) a process for providing counseling for the patient to 
167.22  be tested and for the emergency medical services personnel 
167.23  filing the exposure report. 
167.24     Sec. 4.  Minnesota Statutes 1996, section 144.762, is 
167.25  amended by adding a subdivision to read: 
167.26     Subd. 2a.  [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition 
167.27  to the protocol requirements under subdivision 2, the 
167.28  postexposure notification protocol must provide a process for a 
167.29  licensed physician at the facility to conduct an immediate 
167.30  investigation into whether a significant exposure has occurred 
167.31  whenever emergency medical services personnel present themselves 
167.32  at a facility within six hours of a possible significant 
167.33  exposure.  If the investigation shows that a significant 
167.34  exposure occurred, the protocol must provide a process for 
167.35  determining whether the patient has hepatitis B or HIV infection 
167.36  by means of voluntary testing or, if necessary, court-ordered 
168.1   testing of the patient. 
168.2      Sec. 5.  Minnesota Statutes 1996, section 144.765, is 
168.3   amended to read: 
168.4      144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 
168.5      Subdivision 1.  [VOLUNTARY TESTING.] Upon notification of a 
168.6   significant exposure, the facility shall ask the patient to 
168.7   consent to blood testing to determine the presence of the HIV 
168.8   virus or the hepatitis B virus.  The patient shall be informed 
168.9   that the test results without personally identifying information 
168.10  will be reported to the emergency medical services personnel.  
168.11  The patient shall be informed of the right to refuse to be 
168.12  tested.  If the patient refuses to be tested, the patient's 
168.13  refusal will be forwarded to the emergency medical services 
168.14  agency and to the emergency medical services personnel.  
168.15     Subd. 2.  [MANDATORY TESTING.] The right to refuse a blood 
168.16  test under the circumstances described in this section does not 
168.17  apply to a prisoner who is in the custody or under the 
168.18  jurisdiction of the commissioner of corrections or a local 
168.19  correctional authority as a result of a criminal conviction. 
168.20     Subd. 3.  [COURT ORDER.] If a patient is subject to 
168.21  voluntary testing under section 144.762, subdivision 2a, and 
168.22  either is unavailable for immediate testing at the facility or 
168.23  refuses to submit to a blood test, the emergency medical 
168.24  services personnel may seek a court order to compel the patient 
168.25  to submit to testing.  Court proceedings under this subdivision 
168.26  shall be given precedence over other pending matters so that the 
168.27  court may reach a prompt decision without delay.  The court 
168.28  shall order the patient to submit to testing upon proof that an 
168.29  investigation by a licensed physician under section 144.762, 
168.30  subdivision 2a, showed that the emergency medical services 
168.31  personnel experienced a significant exposure. 
168.32     Sec. 6.  [241.266] [RESTRICTIONS ON PRIVATIZATION.] 
168.33     (a) A state agency shall not enter into a contract with a 
168.34  private vendor for the delivery of: 
168.35     (1) security functions at a state correctional institution, 
168.36  except for those functions that are being provided by a private 
169.1   vendor as of the effective date of this section; 
169.2      (2) correctional institution food services and commissary 
169.3   services provided by nonmanagement employees that are being 
169.4   provided by the state as of the effective date of this section, 
169.5   unless the requirements of section 241.267 are satisfied; and 
169.6      (3) food services and commissary services provided by 
169.7   nonmanagement employees in any new correctional institution, 
169.8   unless the requirements of section 241.267 are satisfied. 
169.9      Nothing in paragraph (a), clauses (2) and (3), shall be 
169.10  construed to prohibit a state agency from entering into a 
169.11  contract with a private vendor for management-level services. 
169.12     (b) For the purposes of sections 241.266 to 241.269, 
169.13  "private vendor" means an entity not owned or operated by a 
169.14  state or political subdivision that delivers or offers to 
169.15  deliver services. 
169.16     Sec. 7.  [241.267] [CONTRACT REVIEW FOR INSTITUTIONAL 
169.17  CONTRACTS.] 
169.18     Subdivision 1.  [REVIEW GUIDELINES.] (a) Except as provided 
169.19  in paragraph (g), the commissioner of corrections shall not 
169.20  recommend approval of a contract with a private vendor unless 
169.21  the commissioner of corrections determines that the requirements 
169.22  in paragraphs (b) to (f) are met.  
169.23     (b) The private vendor must provide financial statements 
169.24  for the previous three years or for each of the years the 
169.25  private vendor has been in operation, if fewer than three years, 
169.26  or provide other financial information to enable the 
169.27  commissioner to determine the financial strength of the private 
169.28  vendor. 
169.29     (c) The private vendor must provide an adequate plan of 
169.30  insurance, specifically including insurance for civil rights 
169.31  claims, as determined by an independent risk management firm 
169.32  with demonstrated experience in state government liability 
169.33  issues.  The firm shall be selected by the commissioner of 
169.34  commerce.  In determining the adequacy of the plan, the firm 
169.35  shall determine whether the insurance is adequate: 
169.36     (1) to protect the state from legal actions by a third 
170.1   party against the private vendor or the state as a result of the 
170.2   contract; 
170.3      (2) to protect the state against claims arising as a result 
170.4   of any occurrence during the term of the contract; 
170.5      (3) to ensure the private vendor's ability to fulfill its 
170.6   contract with the state in all respects, and to assure that the 
170.7   private vendor is not limited in this ability because of 
170.8   financial liability which results from judgments; and 
170.9      (4) to satisfy such other requirements specified by the 
170.10  independent risk management/actuarial firm. 
170.11     (d) In cooperation with appropriate bargaining 
170.12  representatives, the commissioner of corrections will compare 
170.13  the cost of continuing to operate the institutional service as a 
170.14  public function to the cost of contracting with a private vendor 
170.15  for the service.  The commissioner will provide information on 
170.16  public and vendor costs to the union.  The comparison must show 
170.17  that the bid of the private vendor will be at least 15 percent 
170.18  below the best available cost the state can expect to achieve if 
170.19  it provides the service.  The comparison must include in the 
170.20  cost of contracting with a private vendor the amount of the bid 
170.21  plus contract administration, monitoring, and transition costs. 
170.22     (e) The commissioner of corrections must determine that 
170.23  inmate labor is being utilized to the greatest extent feasible, 
170.24  with consideration given to the commissioner of corrections 
170.25  authority to employ all administrative, supervisory, and other 
170.26  skilled workers necessary to the proper instruction of the 
170.27  inmates and the profitable and efficient operation of the 
170.28  industrial and commercial activities authorized by section 
170.29  241.27. 
170.30     (f) The commissioner of corrections must determine that the 
170.31  private vendor provides its employees with a total compensation 
170.32  and benefit package of similar value to that provided by public 
170.33  employers to similarly situated employees. 
170.34     (g) Paragraphs (b) to (f) do not apply to minority or small 
170.35  business contractors under chapter 16B, nor to contracts for 
170.36  delivery of goods or services with a value of less than $100,000.
171.1      Subd. 2.  [BIDS.] If competitive bids must be sought under 
171.2   section 16B.07 for the contract, affected public employees must 
171.3   be given 30 days' advance notice that a contract will be 
171.4   advertised for bid and public employees must be allowed to 
171.5   participate in the bid process, notwithstanding section 16B.17.  
171.6   "Public employee" has the meaning given in section 179A.03, 
171.7   subdivision 14. 
171.8      Subd. 3.  [REPORT.] On or before January 1 of each year, 
171.9   the commissioner of corrections shall submit a written report to 
171.10  the committees of the senate and the house of representatives 
171.11  with jurisdiction over corrections policy that identifies and 
171.12  explains all affirmative contracts that were awarded in the 
171.13  preceding 12 months and all contract proposals that were 
171.14  considered and rejected.  The commissioner also will report on 
171.15  the status of the labor-management process in subdivision 1, 
171.16  paragraph (d). 
171.17     Subd. 4.  [IMMUNITY.] Any immunity available to the state 
171.18  does not apply to the private vendor.  Neither the private 
171.19  vendor nor the insurer of the private vendor may plead the 
171.20  defense of an immunity that is available to the state in any 
171.21  action arising out of the performance of the contract. 
171.22     Subd. 5.  [LIABILITY LIMITS.] Any limits on liability or 
171.23  limits on damages that may be asserted by the state do not apply 
171.24  to the private vendor, except a nonprofit entity, or the insurer 
171.25  of the private vendor. 
171.26     Subd. 6.  [CLASSIFICATION OF DATA.] When a state agency 
171.27  enters into a contract with a private vendor for the delivery of 
171.28  services at or for a correctional facility, that contract does 
171.29  not affect the availability to the public of data that is 
171.30  classified as public data while maintained by the commissioner 
171.31  of corrections, and the data shall be available from the private 
171.32  vendor as public data.  "Public data" has the meaning given in 
171.33  section 13.02, subdivision 15. 
171.34     Sec. 8.  [241.268] [INMATE EMPLOYMENT.] 
171.35     The commissioner of corrections shall not allow any 
171.36  individual committed to the commissioner's custody to 
172.1   participate in an industrial or commercial activity under 
172.2   section 241.27 or to work for a private employer, unless: 
172.3      (1) security at the place of employment is provided by the 
172.4   state; 
172.5      (2) the private employer provides its noninmate employees 
172.6   with a total compensation and benefit package that is of similar 
172.7   value to that provided by public employers to similarly situated 
172.8   employees; 
172.9      (3) the commissioner certifies in writing to the 
172.10  appropriate bargaining unit that the inmate's work will not 
172.11  result in the displacement of currently employed workers or 
172.12  workers on seasonal layoff, including partial displacement such 
172.13  as reduction in hours of nonovertime work, wages, or other 
172.14  employment benefits; and 
172.15     (4) the commissioner determines that, to the maximum extent 
172.16  possible, fixtures, equipment, and materials that are necessary 
172.17  to allow an inmate to participate in an industrial or commercial 
172.18  activity under section 241.27 or to work for a private employer 
172.19  are furnished by an entity not owned or operated by a state or 
172.20  political subdivision. 
172.21     This subdivision does not apply to those inmates seeking or 
172.22  engaged in private employment under section 241.26. 
172.23     Sec. 9.  [241.269] [RESTRICTIONS ON MANAGERIAL EMPLOYEES.] 
172.24     (a) Managerial employees of the department of corrections 
172.25  shall not: 
172.26     (1) disclose or use confidential information for the 
172.27  purpose of personal gain that the person obtained as an 
172.28  employee, either during or following employment with the 
172.29  department of corrections; or 
172.30     (2) work for a private vendor, as defined in section 
172.31  241.266, for one year following termination of the employee's 
172.32  employment with the state. 
172.33     (b) For the purposes of this subdivision, "managerial 
172.34  employees" are employees described in section 43A.18, 
172.35  subdivision 3. 
172.36     Sec. 10.  [241.272] [SENTENCE TO SERVE.] 
173.1      Whenever offenders are assigned for the purpose of work 
173.2   under agreement with a state department or agency, local unit of 
173.3   government, or other governmental subdivision, the state 
173.4   department or agency, local unit of government, or other 
173.5   government subdivision must certify in writing to the 
173.6   appropriate bargaining agent that the work performed by the 
173.7   inmates will not result in the displacement of currently 
173.8   employed workers or workers on seasonal layoff or layoff from a 
173.9   substantially equivalent position, including partial 
173.10  displacement such as reduction in hours of nonovertime work, 
173.11  wages, or other employment benefits. 
173.12     Sec. 11.  Minnesota Statutes 1996, section 241.42, 
173.13  subdivision 2, is amended to read: 
173.14     Subd. 2.  "Administrative agency" or "agency" means any 
173.15  division, official, or employee of the Minnesota department of 
173.16  corrections, the commissioner of corrections, the board of 
173.17  pardons, and regional correction or detention facilities or 
173.18  agencies for correction or detention programs including those 
173.19  programs or facilities operating under chapter 401, any regional 
173.20  or local correctional facility licensed or inspected by the 
173.21  commissioner of corrections, whether public or private, 
173.22  established and operated for the detention and confinement of 
173.23  adults or juveniles, including, but not limited to, programs or 
173.24  facilities operating under chapter 401, adult halfway homes, 
173.25  group foster homes, secure juvenile detention facilities, 
173.26  juvenile residential facilities, municipal holding facilities, 
173.27  juvenile temporary holdover facilities, regional or local jails, 
173.28  lockups, work houses, work farms, and detention and treatment 
173.29  facilities, but does not include: 
173.30     (a) any court or judge; 
173.31     (b) any member of the senate or house of representatives of 
173.32  the state of Minnesota; 
173.33     (c) the governor or the governor's personal staff; 
173.34     (d) any instrumentality of the federal government of the 
173.35  United States; or 
173.36     (e) any political subdivision of the state of Minnesota; 
174.1      (f) any interstate compact. 
174.2      Sec. 12.  Minnesota Statutes 1996, section 241.44, 
174.3   subdivision 1, is amended to read: 
174.4      Subdivision 1.  [POWERS.] The ombudsman may: 
174.5      (a) prescribe the methods by which complaints are to be 
174.6   made, reviewed, and acted upon; provided, however, that the 
174.7   ombudsman may not levy a complaint fee; 
174.8      (b) determine the scope and manner of investigations to be 
174.9   made; 
174.10     (c) Except as otherwise provided, determine the form, 
174.11  frequency, and distribution of conclusions, recommendations, and 
174.12  proposals; provided, however, that the governor or a 
174.13  representative may, at any time the governor deems it necessary, 
174.14  request and receive information from the ombudsman.  Neither the 
174.15  ombudsman nor any member of the ombudsman's staff member shall 
174.16  be compelled to testify or to produce evidence in any court 
174.17  judicial or administrative proceeding with respect to any matter 
174.18  involving the exercise of the ombudsman's official duties except 
174.19  as may be necessary to enforce the provisions of sections 241.41 
174.20  to 241.45; 
174.21     (d) investigate, upon a complaint or upon personal 
174.22  initiative, any action of an administrative agency; 
174.23     (e) request and shall be given access to information in the 
174.24  possession of an administrative agency deemed necessary for the 
174.25  discharge of responsibilities; 
174.26     (f) examine the records and documents of an administrative 
174.27  agency; 
174.28     (g) enter and inspect, at any time, premises within the 
174.29  control of an administrative agency; 
174.30     (h) subpoena any person to appear, give testimony, or 
174.31  produce documentary or other evidence which the ombudsman deems 
174.32  relevant to a matter under inquiry, and may petition the 
174.33  appropriate state court to seek enforcement with the subpoena; 
174.34  provided, however, that any witness at a hearing or before an 
174.35  investigation as herein provided, shall possess the same 
174.36  privileges reserved to such a witness in the courts or under the 
175.1   laws of this state; 
175.2      (i) bring an action in an appropriate state court to 
175.3   provide the operation of the powers provided in this 
175.4   subdivision.  The ombudsman may use the services of legal 
175.5   assistance to Minnesota prisoners for legal counsel.  The 
175.6   provisions of sections 241.41 to 241.45 are in addition to other 
175.7   provisions of law under which any remedy or right of appeal or 
175.8   objection is provided for any person, or any procedure provided 
175.9   for inquiry or investigation concerning any matter. Nothing in 
175.10  sections 241.41 to 241.45 shall be construed to limit or affect 
175.11  any other remedy or right of appeal or objection nor shall it be 
175.12  deemed part of an exclusionary process; and 
175.13     (j) be present at commissioner of corrections parole and 
175.14  parole revocation hearings and deliberations. 
175.15     Sec. 13.  Minnesota Statutes 1996, section 241.44, is 
175.16  amended by adding a subdivision to read: 
175.17     Subd. 3a.  [INVESTIGATION OF ADULT LOCAL JAILS AND 
175.18  DETENTION FACILITIES.] Either the ombudsman or the department of 
175.19  corrections' jail inspection unit may investigate complaints 
175.20  involving local adult jails and detention facilities.  The 
175.21  ombudsman and department of corrections must enter into an 
175.22  arrangement with one another that ensures that they are not 
175.23  duplicating each other's services. 
175.24     Sec. 14.  Minnesota Statutes 1996, section 242.19, 
175.25  subdivision 3, is amended to read: 
175.26     Subd. 3.  [RETAKING ABSCONDING AND OTHER PERSON.] The 
175.27  written order of the commissioner of corrections is authority to 
175.28  any peace officer or parole or probation officer to take and 
175.29  detain any child committed to the commissioner of corrections by 
175.30  a juvenile court who absconds from field supervision or escapes 
175.31  from confinement, or is awaiting further order of the 
175.32  commissioner.  However, if the child has attained the age of 18 
175.33  years, the commissioner shall issue a warrant directed to any 
175.34  peace officer or parole or probation officer requiring that the 
175.35  fugitive be taken into immediate custody to await the further 
175.36  order of the commissioner.  Any person of the age of 18 years or 
176.1   older who is taken into custody under the provisions of this 
176.2   subdivision may be detained as provided in section 260.173, 
176.3   subdivision 4. 
176.4      Sec. 15.  [243.055] [COMPUTER RESTRICTIONS.] 
176.5      Subdivision 1.  [RESTRICTIONS TO USE OF ON-LINE 
176.6   SERVICES.] If the commissioner believes a significant risk 
176.7   exists that a parolee, state-supervised probationer, or 
176.8   individual on supervised release may use an Internet service or 
176.9   on-line service to engage in criminal activity or to associate 
176.10  with individuals who are likely to encourage the individual to 
176.11  engage in criminal activity, the commissioner may impose one or 
176.12  more of the following conditions: 
176.13     (1) prohibit the individual from possessing or using a 
176.14  computer with access to an Internet service or on-line service 
176.15  without the prior written approval of the commissioner; 
176.16     (2) prohibit the individual from possessing or using any 
176.17  data encryption technique or program; 
176.18     (3) require the individual to consent to periodic 
176.19  unannounced examinations of the individual's computer equipment 
176.20  by a parole or probation agent, including the retrieval and 
176.21  copying of all data from the computer and any internal or 
176.22  external peripherals and removal of such equipment to conduct a 
176.23  more thorough inspection; 
176.24     (4) require consent of the individual to have installed on 
176.25  the individual's computer, at the individual's expense, one or 
176.26  more hardware or software systems to monitor computer use; and 
176.27     (5) any other restrictions the commissioner deems necessary.
176.28     Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] If the 
176.29  commissioner believes a significant risk exists that a parolee, 
176.30  state-supervised probationer, or individual on supervised 
176.31  release may use a computer to engage in criminal activity or to 
176.32  associate with individuals who are likely to encourage the 
176.33  individual to engage in criminal activity, the commissioner may 
176.34  impose one or more of the following restrictions: 
176.35     (1) prohibit the individual from accessing through a 
176.36  computer any material, information, or data that relates to the 
177.1   activity involved in the offense for which the individual is on 
177.2   probation, parole, or supervised release; 
177.3      (2) require the individual to maintain a daily log of all 
177.4   addresses the individual accesses through computer other than 
177.5   for authorized employment and to make this log available to the 
177.6   individual's parole or probation agent; 
177.7      (3) provide all personal and business telephone records to 
177.8   the individual's parole or probation agent upon request, 
177.9   including written authorization allowing the agent to request a 
177.10  record of all of the individual's outgoing and incoming 
177.11  telephone calls from any telephone service provider; 
177.12     (4) prohibit the individual from possessing or using a 
177.13  computer that contains an internal modem and from possessing or 
177.14  using an external modem without the prior written consent of the 
177.15  commissioner; 
177.16     (5) prohibit the individual from possessing or using any 
177.17  computer, except that the individual may, with the prior 
177.18  approval of the individual's parole or probation agent, use a 
177.19  computer in connection with authorized employment; 
177.20     (6) require the individual to consent to disclosure of the 
177.21  computer-related restrictions that the commissioner has imposed 
177.22  to any employer or potential employer; and 
177.23     (7) any other restrictions the commissioner deems necessary.
177.24     Subd. 3.  [LIMITS ON RESTRICTION.] In imposing 
177.25  restrictions, the commissioner shall take into account that 
177.26  computers are used for numerous, legitimate purposes and that, 
177.27  in imposing restrictions, the least restrictive condition 
177.28  appropriate to the individual shall be used. 
177.29     Sec. 16.  [243.161] [RESIDING IN MINNESOTA WITHOUT 
177.30  PERMISSION UNDER INTERSTATE COMPACT; PENALTY.] 
177.31     Any person who is on parole or probation in another state 
177.32  who resides in this state in violation of section 243.16, may be 
177.33  sentenced to imprisonment for not more than five years or to 
177.34  payment of a fine of not more than $10,000, or both. 
177.35     Sec. 17.  Minnesota Statutes 1996, section 243.51, 
177.36  subdivision 1, is amended to read: 
178.1      Subdivision 1.  The commissioner of corrections is hereby 
178.2   authorized to contract with agencies and bureaus of the United 
178.3   States and with the proper officials of other states or a county 
178.4   of this state for the custody, care, subsistence, education, 
178.5   treatment and training of persons convicted of criminal offenses 
178.6   constituting felonies in the courts of this state, the United 
178.7   States, or other states of the United States.  Such contracts 
178.8   shall provide for reimbursing the state of Minnesota for all 
178.9   costs or other expenses involved.  Funds received under such 
178.10  contracts shall be deposited in the state treasury and are 
178.11  appropriated to the commissioner of corrections for correctional 
178.12  purposes, including capital improvements.  Any prisoner 
178.13  transferred to the state of Minnesota pursuant to this 
178.14  subdivision shall be subject to the terms and conditions of the 
178.15  prisoner's original sentence as if the prisoner were serving the 
178.16  same within the confines of the state in which the conviction 
178.17  and sentence was had or in the custody of the United States.  
178.18  Nothing herein shall deprive such inmate of the right to parole 
178.19  or the rights to legal process in the courts of this state.  
178.20     Sec. 18.  Minnesota Statutes 1996, section 243.51, 
178.21  subdivision 3, is amended to read: 
178.22     Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
178.23  corrections is authorized to contract with agencies and bureaus 
178.24  of the United States and with the appropriate officials of any 
178.25  other state or county of this state for the temporary detention 
178.26  of any person in custody pursuant to any process issued under 
178.27  the authority of the United States, other states of the United 
178.28  States, or the district courts of this state.  The contract 
178.29  shall provide for reimbursement to the state of Minnesota for 
178.30  all costs and expenses involved.  Money received under contracts 
178.31  shall be deposited in the state treasury and are appropriated to 
178.32  the commissioner of corrections for correctional purposes, 
178.33  including capital improvements. 
178.34     Sec. 19.  [243.556] [RESTRICTIONS ON INMATES' COMPUTER 
178.35  ACCESS.] 
178.36     Subdivision 1.  [RESTRICTIONS TO USE OF ON-LINE 
179.1   SERVICES.] No adult inmate in a state correctional facility may 
179.2   use or have access to any Internet service or on-line service, 
179.3   except for work, educational, and vocational purposes approved 
179.4   by the commissioner or the commissioner's designee. 
179.5      Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] The commissioner 
179.6   shall restrict inmates' computer use to legitimate educational 
179.7   and vocational purposes.  
179.8      Subd. 3.  [MONITORING OF COMPUTER USE.] The commissioner 
179.9   shall monitor all computer use by inmates and perform regular 
179.10  inspections of computer equipment. 
179.11     Sec. 20.  [244.20] [PROBATION SUPERVISION OF FELONS.] 
179.12     Notwithstanding sections 260.311, subdivision 1, and 
179.13  609.135, subdivision 1, the department of corrections shall have 
179.14  exclusive responsibility for providing probation services for 
179.15  adult felons in counties that do not take part in the Community 
179.16  Corrections Act.  In counties that do not take part in the 
179.17  Community Corrections Act, the responsibility for providing 
179.18  probation services for individuals convicted of gross 
179.19  misdemeanor offenses shall be discharged according to local 
179.20  judicial policy. 
179.21     Sec. 21.  [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; 
179.22  REPORTS REQUIRED.] 
179.23     Subdivision 1.  [COLLECTION OF INFORMATION BY PROBATION 
179.24  SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, 
179.25  probation service providers shall begin collecting and 
179.26  maintaining information on offenders under supervision.  The 
179.27  commissioner of corrections shall specify the nature and extent 
179.28  of the information to be collected.  By April 1 of every year, 
179.29  each probation service provider shall report a summary of the 
179.30  information collected to the commissioner. 
179.31     Subd. 2.  [COMMISSIONER OF CORRECTIONS REPORT.] By January 
179.32  15, 1998, the commissioner of corrections shall report to the 
179.33  chairs of the senate crime prevention and house of 
179.34  representatives judiciary committees on recommended methods of 
179.35  coordinating the exchange of information collected on offenders 
179.36  under subdivision 1:  (1) between probation service providers; 
180.1   and (2) between probation service providers and the department 
180.2   of corrections, without requiring service providers to acquire 
180.3   uniform computer software. 
180.4      Sec. 22.  [244.22] [REVIEW OF PLANNED EXPENDITURES OF 
180.5   PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE 
180.6   PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.] 
180.7      (a) The commissioner of corrections shall review the 
180.8   planned expenditures of probation service providers before 
180.9   allocating probation caseload reduction grants appropriated by 
180.10  the legislature.  The review must determine whether the planned 
180.11  expenditures comply with applicable law. 
180.12     (b) In counties where probation services are provided by 
180.13  both county and department of corrections employees, a 
180.14  collaborative plan addressing the local needs shall be 
180.15  developed.  The commissioner of corrections shall specify the 
180.16  manner in which probation caseload reduction grant money shall 
180.17  be distributed between the providers according to the approved 
180.18  plan. 
180.19     Sec. 23.  [244.24] [CLASSIFICATION SYSTEM FOR ADULT 
180.20  OFFENDERS.] 
180.21     By February 1, 1998, all probation agencies shall adopt 
180.22  written policies for classifying adult offenders.  The 
180.23  commissioner of corrections shall assist probation agencies in 
180.24  locating organizations that may provide training and technical 
180.25  assistance to the agencies concerning methods to develop and 
180.26  implement effective, valid classification systems. 
180.27     Sec. 24.  Minnesota Statutes 1996, section 260.1735, is 
180.28  amended to read: 
180.29     260.1735 [EXTENSION OF DETENTION PERIOD.] 
180.30     Subdivision 1.  [DETENTION.] Before July 1, 1997 1999, and 
180.31  pursuant to a request from an eight-day temporary holdover 
180.32  facility, as defined in section 241.0221, the commissioner of 
180.33  corrections, or the commissioner's designee, may grant a 
180.34  one-time extension per child to the eight-day limit on detention 
180.35  under this chapter.  This extension may allow such a facility to 
180.36  detain a child for up to 30 days including weekends and 
181.1   holidays.  Upon the expiration of the extension, the child may 
181.2   not be transferred to another eight-day temporary holdover 
181.3   facility.  The commissioner shall develop criteria for granting 
181.4   extensions under this section.  These criteria must ensure that 
181.5   the child be transferred to a long-term juvenile detention 
181.6   facility as soon as such a transfer is possible.  Nothing in 
181.7   this section changes the requirements in section 260.172 
181.8   regarding the necessity of detention hearings to determine 
181.9   whether continued detention of the child is proper. 
181.10     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
181.11  48 hours may be made if the facility in which the child is 
181.12  detained is located where conditions of distance to be traveled 
181.13  or other ground transportation do not allow for court 
181.14  appearances within 24 hours. 
181.15     (b) A delay may be made if the facility is located where 
181.16  conditions of safety exist.  Time for an appearance may be 
181.17  delayed until 24 hours after the time that conditions allow for 
181.18  reasonably safe travel.  "Conditions of safety" include adverse 
181.19  life-threatening weather conditions that do not allow for 
181.20  reasonably safe travel. 
181.21     The continued detention of a child under paragraph (a) or 
181.22  (b) must be reported to the commissioner of corrections. 
181.23     Sec. 25.  Minnesota Statutes 1996, section 260.311, 
181.24  subdivision 1, is amended to read: 
181.25     Subdivision 1.  [APPOINTMENT; JOINT SERVICES; STATE 
181.26  SERVICES.] (a) If a county or group of counties has established 
181.27  a human services board pursuant to chapter 402, the district 
181.28  court may appoint one or more county probation officers as 
181.29  necessary to perform court services, and the human services 
181.30  board shall appoint persons as necessary to provide correctional 
181.31  services within the authority granted in chapter 402.  In all 
181.32  counties of more than 200,000 population, which have not 
181.33  organized pursuant to chapter 402, the district court shall 
181.34  appoint one or more persons of good character to serve as county 
181.35  probation officers during the pleasure of the court.  All other 
181.36  counties shall provide adult misdemeanant and juvenile probation 
182.1   services to district courts in one of the following ways: 
182.2      (1) the court, with the approval of the county boards, may 
182.3   appoint one or more salaried county probation officers to serve 
182.4   during the pleasure of the court; 
182.5      (2) when two or more counties offer probation services the 
182.6   district court through the county boards may appoint common 
182.7   salaried county probation officers to serve in the several 
182.8   counties; 
182.9      (3) a county or a district court may request the 
182.10  commissioner of corrections to furnish probation services in 
182.11  accordance with the provisions of this section, and the 
182.12  commissioner of corrections shall furnish such services to any 
182.13  county or court that fails to provide its own probation officer 
182.14  by one of the two procedures listed above; 
182.15     (4) if a county or district court providing probation 
182.16  services under clause (1) or (2) asks the commissioner of 
182.17  corrections or the legislative body for the state of Minnesota 
182.18  mandates the commissioner of corrections to furnish probation 
182.19  services to the district court, the probation officers and other 
182.20  employees displaced by the changeover shall be employed by the 
182.21  commissioner of corrections.  Years of service in the county 
182.22  probation department are to be given full credit for future sick 
182.23  leave and vacation accrual purposes; 
182.24     (5) all probation officers serving the juvenile courts on 
182.25  July 1, 1972, shall continue to serve in the county or counties 
182.26  they are now serving. 
182.27     (b) The commissioner of employee relations shall place 
182.28  employees transferred to state service under paragraph (a), 
182.29  clause (4), in the proper classifications in the classified 
182.30  service.  Each employee is appointed without examination at no 
182.31  loss in salary or accrued vacation or sick leave benefits, but 
182.32  no additional accrual of vacation or sick leave benefits may 
182.33  occur until the employee's total accrued vacation or sick leave 
182.34  benefits fall below the maximum permitted by the state for the 
182.35  employee's position.  An employee appointed under paragraph (a), 
182.36  clause (4), shall serve a probationary period of six months.  
183.1   After exhausting labor contract remedies, a noncertified 
183.2   employee may appeal for a hearing within ten days to the 
183.3   commissioner of employee relations, who may uphold the decision, 
183.4   extend the probation period, or certify the employee.  The 
183.5   decision of the commissioner of employee relations is final.  
183.6   The state shall negotiate with the exclusive representative for 
183.7   the bargaining unit to which the employees are transferred 
183.8   regarding their seniority.  For purposes of computing seniority 
183.9   among those employees transferring from one county unit only, a 
183.10  transferred employee retains the same seniority position as the 
183.11  employee had within that county's probation office. 
183.12     Sec. 26.  Minnesota Statutes 1996, section 609.02, is 
183.13  amended by adding a subdivision to read: 
183.14     Subd. 15.  [PROBATION.] "Probation" means a court-ordered 
183.15  sanction imposed upon an offender for a period of supervision no 
183.16  greater than that set by statute.  It is imposed as an 
183.17  alternative to confinement or in conjunction with confinement or 
183.18  intermediate sanctions.  The purpose of probation is to deter 
183.19  further criminal behavior, punish the offender, help provide 
183.20  reparation to crime victims and their communities, and provide 
183.21  offenders with opportunities for rehabilitation. 
183.22     Sec. 27.  Minnesota Statutes 1996, section 609.15, 
183.23  subdivision 1, is amended to read: 
183.24     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
183.25  SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
183.26  (b), when separate sentences of imprisonment are imposed on a 
183.27  defendant for two or more crimes, whether charged in a single 
183.28  indictment or information or separately, or when a person who is 
183.29  under sentence of imprisonment in this state is being sentenced 
183.30  to imprisonment for another crime committed prior to or while 
183.31  subject to such former sentence, the court in the later 
183.32  sentences shall specify whether the sentences shall run 
183.33  concurrently or consecutively.  If the court does not so 
183.34  specify, the sentences shall run concurrently.  
183.35     (b) An inmate of a state prison who is convicted of 
183.36  committing an assault within the correctional facility is 
184.1   subject to the consecutive sentencing provisions of section 
184.2   609.2232. 
184.3      Sec. 28.  Minnesota Statutes 1996, section 609.2231, is 
184.4   amended by adding a subdivision to read: 
184.5      Subd. 8.  [DEFINITION.] As used in this section, 
184.6   "demonstrable bodily harm" includes: 
184.7      (1) bodily harm capable of being observed by a person other 
184.8   than the victim; and 
184.9      (2) a transfer of an infectious agent for a communicable 
184.10  disease in violation of section 609.2241. 
184.11     Sec. 29.  [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 
184.12  COMMITTED BY STATE PRISON INMATES.] 
184.13     If an inmate of a state correctional facility is convicted 
184.14  of violating section 609.221, 609.222, 609.223, 609.2231, or 
184.15  609.224, while confined in the facility, the sentence imposed 
184.16  for the assault shall be executed and run consecutively to any 
184.17  unexpired portion of the offender's earlier sentence.  The 
184.18  inmate is not entitled to credit against the sentence imposed 
184.19  for the assault for time served in confinement for the earlier 
184.20  sentence.  The inmate shall serve the sentence for the assault 
184.21  in a state correctional facility even if the assault conviction 
184.22  was for a misdemeanor or gross misdemeanor. 
184.23     Sec. 30.  Minnesota Statutes 1996, section 641.12, is 
184.24  amended to read: 
184.25     641.12 [COLLECTION OF FEES AND BOARD BILLS.] 
184.26     Subdivision 1.  [FEE.] Each person who is booked and 
184.27  confined at a county or regional jail may be charged a fee of up 
184.28  to $10 to the sheriff's department of the county in which the 
184.29  jail is located.  The fee is payable immediately from any money 
184.30  then possessed by the person being booked, or any money 
184.31  deposited with the sheriff's department on the person's behalf.  
184.32  If the fee is assessed and the person has no funds at the time 
184.33  of booking or during the period of any incarceration, the 
184.34  sheriff shall notify the district court in the county where the 
184.35  charges related to the booking are pending, and shall request 
184.36  the assessment of the fee.  Notwithstanding section 609.10, 
185.1   609.125, or any other law to the contrary, upon notification 
185.2   from the sheriff, the district court must order the fee paid to 
185.3   the sheriff's department as part of any sentence or disposition 
185.4   imposed.  If the person is not charged, is acquitted, or if the 
185.5   charges are dismissed, the sheriff shall return the fee to the 
185.6   person at the last known address listed in the booking records.  
185.7      Subd. 2.  [BOARD.] At the end of every month the sheriff of 
185.8   each county shall render to the county auditor a statement 
185.9   showing the name of each fugitive from justice, United States 
185.10  prisoner, one committed from another county or one committed by 
185.11  virtue of any city ordinance, the amount due the county for 
185.12  board of each and from whom, and also of all amounts due for 
185.13  board of prisoners for the preceding month. 
185.14     Sec. 31.  [PROBATION OUTCOME MEASUREMENT WORK GROUP.] 
185.15     Subdivision 1.  [WORK GROUP ESTABLISHED; PURPOSE.] The 
185.16  commissioner of corrections shall establish a work group to 
185.17  develop uniform statewide probation outcome measures.  The 
185.18  outcome measures must focus primarily on adult offenders but, to 
185.19  the extent possible, may also address juvenile offenders.  The 
185.20  work group shall develop definitions that may be used by all 
185.21  state and local probation service providers to report outcome 
185.22  information for probation services.  The work group shall 
185.23  recommend a method by which probation service providers may 
185.24  measure and report recidivism of adult felons in a uniform 
185.25  manner. 
185.26     Subd. 2.  [MEMBERSHIP.] The commissioner of corrections 
185.27  shall appoint individuals who have demonstrated experience in 
185.28  the probation field to serve as members of the work group.  The 
185.29  commissioner shall ensure that community corrections act 
185.30  counties and noncommunity corrections act counties are equally 
185.31  represented on the work group.  The commissioner, or the 
185.32  commissioner's designee, shall serve on the work group and act 
185.33  as its chair. 
185.34     Subd. 3.  [REVIEW OF OUTCOME MEASURES.] By November 1, 
185.35  1997, the work group shall submit its recommendations on outcome 
185.36  measures to the criminal and juvenile justice information policy 
186.1   group for review. 
186.2      Subd. 4.  [REPORT REQUIRED.] The work group shall report 
186.3   its findings and recommendations to the chairs of the senate and 
186.4   house of representatives committees having jurisdiction over 
186.5   criminal justice policies by January 15, 1998.  The report must 
186.6   indicate what comments or modifications, if any, were made or 
186.7   suggested by the criminal and juvenile justice information 
186.8   policy group and whether the work group altered its 
186.9   recommendations because of this. 
186.10     Sec. 32.  [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE 
186.11  REPORT.] 
186.12     The department of corrections must include in its agency 
186.13  performance report for the year 2000 a summary of statewide 
186.14  information on the reoffense rates of adult felons on probation. 
186.15     Sec. 33.  [RUSH CITY CLOSE CUSTODY FACILITY.] 
186.16     The commissioner of corrections must meet and confer with 
186.17  the exclusive bargaining representatives of employees for the 
186.18  purpose of continuing to reduce the projected per diem rates for 
186.19  the proposed Rush City close custody facility.  The commissioner 
186.20  and exclusive representatives must consider, at a minimum, the 
186.21  following:  management and supervisory levels, staffing 
186.22  schedules and other staff issues, inmate programming, and other 
186.23  matters that impact costs.  By February 15, 1998, the 
186.24  commissioner and exclusive bargaining representatives must 
186.25  provide a report to the chairs of the house judiciary committee 
186.26  and senate crime prevention committee. 
186.27     Sec. 34.  [INSTRUCTION TO REVISOR.] 
186.28     The revisor of statutes shall renumber Minnesota Statutes, 
186.29  section 260.311, as 244.19.  The revisor shall also make 
186.30  necessary cross-reference changes consistent with the 
186.31  renumbering. 
186.32     Sec. 35.  [EFFECTIVE DATE.] 
186.33     Sections 16 and 27 to 29 are effective August 1, 1997, and 
186.34  apply to crimes committed on or after that date.  Section 21 is 
186.35  effective January 1, 1998.  Sections 8 to 10, 20, 22, 23, 25, 
186.36  26, 31, and 33 are effective the day following final enactment.  
187.1   Sections 6 and 7 are effective October 1, 1997. 
187.2                              ARTICLE 10 
187.3                       MISCELLANEOUS PROVISIONS
187.4      Section 1.  Minnesota Statutes 1996, section 363.073, 
187.5   subdivision 1, is amended to read: 
187.6      Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
187.7   agency of the state shall accept any bid or proposal for a 
187.8   contract or agreement or unless the firm or business has an 
187.9   affirmative action plan submitted to the commissioner of human 
187.10  rights for approval.  No department or agency of the state shall 
187.11  execute any contract or agreement for goods or services in 
187.12  excess of $50,000 with any business having more than 20 
187.13  full-time employees on a single working day during the previous 
187.14  12 months, unless the firm or business has an affirmative action 
187.15  plan for the employment of minority persons, women, and the 
187.16  disabled that has been approved by the commissioner of human 
187.17  rights.  Receipt of a certificate of compliance issued by the 
187.18  commissioner shall signify that a firm or business has an 
187.19  affirmative action plan that has been approved by the 
187.20  commissioner.  A certificate shall be valid for a period of two 
187.21  years.  A municipality as defined in section 466.01, subdivision 
187.22  1, that receives state money for any reason is encouraged to 
187.23  prepare and implement an affirmative action plan for the 
187.24  employment of minority persons, women, and the disabled and 
187.25  submit the plan to the commissioner of human rights. 
187.26     Sec. 2.  Minnesota Statutes 1996, section 504.181, 
187.27  subdivision 1, is amended to read: 
187.28     504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS 
187.29  UNLAWFUL ACTIVITIES.] 
187.30     Subdivision 1.  [COVENANT NOT TO ALLOW DRUGS TERMS OF 
187.31  COVENANT.] In every lease or license of residential premises, 
187.32  whether in writing or parol, the lessor or licensor and the 
187.33  lessee or licensee covenants covenant that: 
187.34     (1)  the lessee or licensee neither will not: 
187.35     (i) unlawfully allow controlled substances in those 
187.36  premises or in the common area and curtilage of the premises; 
188.1      (ii) allow prostitution or prostitution-related activity as 
188.2   defined in section 617.80, subdivision 4, to occur on the 
188.3   premises or in the common area and curtilage of the premises; or 
188.4      (iii) allow the unlawful use or possession of a firearm in 
188.5   violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
188.6   on the premises or in the common area and curtilage of the 
188.7   premises; and 
188.8      (2) the common area and curtilage of the premises will not 
188.9   be used by either the lessor or licensor or the lessee or 
188.10  licensee or others acting under the lessee's or licensee's 
188.11  control of either to manufacture, sell, give away, barter, 
188.12  deliver, exchange, distribute, purchase, or possess a controlled 
188.13  substance in violation of any criminal provision of chapter 152. 
188.14     The covenant is not violated when a person other than the 
188.15  lessor or licensor or the lessee or licensee possesses or allows 
188.16  controlled substances in the premises, common area, or 
188.17  curtilage, unless the lessor or licensor or the lessee or 
188.18  licensee knew or had reason to know of that activity.  
188.19     Sec. 3.  Minnesota Statutes 1996, section 566.05, is 
188.20  amended to read: 
188.21     566.05 [COMPLAINT AND SUMMONS.] 
188.22     (a) The person complaining shall file a complaint with the 
188.23  court, stating the full name and date of birth of the person 
188.24  against whom the complaint is made, unless it is not known, 
188.25  describing the premises of which possession is claimed, stating 
188.26  the facts which authorize the recovery, and praying for 
188.27  restitution thereof.  The lack of the full name and date of 
188.28  birth of the person against whom the complaint is made does not 
188.29  deprive the court of jurisdiction or make the complaint invalid. 
188.30  The court shall issue a summons, commanding the person against 
188.31  whom the complaint is made to appear before the court on a day 
188.32  and at a place stated in the summons.  The appearance shall be 
188.33  not less than seven nor more than 14 days from the day of 
188.34  issuing the summons.  In scheduling appearances under this 
188.35  section, the court shall give priority to any unlawful detainer 
188.36  brought under section 504.181, or on the basis that the tenant 
189.1   is causing a nuisance or seriously endangers the safety of other 
189.2   residents, their property, or the landlord's property, except as 
189.3   provided by paragraph (b).  A copy of the complaint shall be 
189.4   attached to the summons, which shall state that the copy is 
189.5   attached and that the original has been filed. 
189.6      (b) In an unlawful detainer action brought under section 
189.7   504.181 or on the basis that the tenant is causing a nuisance or 
189.8   other illegal behavior that seriously endangers the safety of 
189.9   other residents, their property, or the landlord's property, the 
189.10  person filing the complaint shall file an affidavit stating 
189.11  specific facts and instances in support of why an expedited 
189.12  hearing is required.  The complaint and affidavit shall be 
189.13  reviewed by a referee or judge and scheduled for an expedited 
189.14  hearing only if sufficient supporting facts are stated and they 
189.15  meet the requirements of this paragraph.  The appearance in an 
189.16  expedited hearing shall be not less than five days nor more than 
189.17  seven days from the date the summons is issued.  The summons, in 
189.18  an expedited hearing, shall be served upon the tenant within 24 
189.19  hours of issuance unless the court orders otherwise for good 
189.20  cause shown.  If the court determines that the person seeking an 
189.21  expedited hearing did so without sufficient basis under the 
189.22  requirements of this paragraph, the court shall impose a civil 
189.23  penalty of up to $500 for abuse of the expedited hearing process.
189.24     Sec. 4.  Minnesota Statutes 1996, section 566.18, 
189.25  subdivision 6, is amended to read: 
189.26     Subd. 6.  [VIOLATION.] "Violation" means: 
189.27     (a) a violation of any state, county or city health, 
189.28  safety, housing, building, fire prevention, or housing 
189.29  maintenance code applicable to the building; 
189.30     (b) a violation of any of the covenants set forth in 
189.31  section 504.18, subdivision 1, clauses (a) or (b), or in section 
189.32  504.181, subdivision 1; 
189.33     (c) a violation of an oral or written agreement, lease or 
189.34  contract for the rental of a dwelling in a building.  
189.35     Sec. 5.  Minnesota Statutes 1996, section 611.27, 
189.36  subdivision 4, is amended to read: 
190.1      Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
190.2   subdivision 1 directing counties to pay the costs of public 
190.3   defense service shall not be in effect between January 1, 1995, 
190.4   and July 1, 1997 1999.  This subdivision only relates to costs 
190.5   associated with felony, gross misdemeanor, juvenile, and 
190.6   misdemeanor public defense services.  Notwithstanding the 
190.7   provisions of this subdivision, in the first, fifth, seventh, 
190.8   ninth, and tenth judicial districts, the cost of juvenile and 
190.9   misdemeanor public defense services for cases opened prior to 
190.10  January 1, 1995, shall remain the responsibility of the 
190.11  respective counties in those districts, even though the cost of 
190.12  these services may occur after January 1, 1995. 
190.13     Sec. 6.  Minnesota Statutes 1996, section 611.27, is 
190.14  amended by adding a subdivision to read: 
190.15     Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
190.16  postconviction cases where the state public defender's office 
190.17  does not have sufficient funds to pay for transcripts and other 
190.18  necessary expenses because it has spent or committed all of the 
190.19  transcript funds in its annual budget, the state public defender 
190.20  may forward to the commissioner of finance all billings for 
190.21  transcripts and other necessary expenses.  The commissioner 
190.22  shall pay for these transcripts and other necessary expenses 
190.23  from county criminal justice aid retained by the commissioner of 
190.24  revenue under section 477A.0121, subdivision 4. 
190.25     Sec. 7.  Minnesota Statutes 1996, section 617.82, is 
190.26  amended to read: 
190.27     617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
190.28     (a) If the recipient of a notice under section 617.81, 
190.29  subdivision 4, either abates the conduct constituting a nuisance 
190.30  or enters into an agreed abatement plan within 30 days of 
190.31  service of the notice, and complies with the agreement within 
190.32  the stipulated time period, the prosecuting attorney may not 
190.33  file a nuisance action on the specified property regarding the 
190.34  nuisance activity described in the notice. 
190.35     (b) If the recipient fails to comply with the agreed 
190.36  abatement plan, the prosecuting attorney may initiate a 
191.1   complaint for relief in the district court consistent with 
191.2   paragraph (c). 
191.3      (c) Whenever a prosecuting attorney has cause to believe 
191.4   that a nuisance described in section 617.81, subdivision 2, 
191.5   exists within the jurisdiction the attorney serves, the 
191.6   prosecuting attorney may by verified petition seek a temporary 
191.7   injunction in district court in the county in which the alleged 
191.8   public nuisance exists, provided that at least 30 days have 
191.9   expired since service of the notice required under section 
191.10  617.81, subdivision 4.  No temporary injunction may be issued 
191.11  without a prior show cause notice of hearing to the respondents 
191.12  named in the petition and an opportunity for the respondents to 
191.13  be heard.  Upon proof of a nuisance described in section 617.81, 
191.14  subdivision 2, the court shall issue a temporary injunction.  
191.15  Any temporary injunction issued must describe the conduct to be 
191.16  enjoined. 
191.17     Sec. 8.  Minnesota Statutes 1996, section 617.85, is 
191.18  amended to read: 
191.19     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
191.20     Where notice is provided under section 617.81, subdivision 
191.21  4, that an abatement of a nuisance is sought and the 
191.22  circumstances that are the basis for the requested abatement 
191.23  involved the acts of a commercial or residential tenant or 
191.24  lessee of part or all of a building, the owner of the building 
191.25  that is subject to the abatement proceeding may file before the 
191.26  court that has jurisdiction over the abatement proceeding a 
191.27  motion to cancel the lease or otherwise secure restitution of 
191.28  the premises from the tenant or lessee who has maintained or 
191.29  conducted the nuisance.  The owner may assign to the prosecuting 
191.30  attorney the right to file this motion.  In addition to the 
191.31  grounds provided in chapter 566, the maintaining or conducting 
191.32  of a nuisance as defined in section 617.81, subdivision 2, by a 
191.33  tenant or lessee, is an additional ground authorized by law for 
191.34  seeking the cancellation of a lease or the restitution of the 
191.35  premises.  Service of motion brought under this section must be 
191.36  served in a manner that is sufficient under Rule 3 of the Rules 
192.1   of Civil Procedure and chapter 566. 
192.2      It is no defense to a motion under this section by the 
192.3   owner or the prosecuting attorney that the lease or other 
192.4   agreement controlling the tenancy or leasehold does not provide 
192.5   for eviction or cancellation of the lease upon the ground 
192.6   provided in this section. 
192.7      Upon a finding by the court that the tenant or lessee has 
192.8   maintained or conducted a nuisance in any portion of the 
192.9   building, the court shall order cancellation of the lease or 
192.10  tenancy and grant restitution of the premises to the owner.  The 
192.11  court must not order abatement of the premises if the court:  
192.12     (a) cancels a lease or tenancy and grants restitution of 
192.13  that portion of the premises to the owner; and 
192.14     (b) further finds that the acts constituting the nuisance 
192.15  as defined in section 617.81, subdivision 2, were committed by 
192.16  the tenant or lessee whose lease or tenancy has been canceled 
192.17  pursuant to this section and the tenant or lessee was not 
192.18  committing the acts in conjunction with or under the control of 
192.19  the owner.
Minnesota House of Representatives · 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, MN 55155 · Webmaster@house.mn
SF 1880

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