as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention and judiciary finance; 1.3 appropriating money for the judicial branch, public 1.4 safety, corrections, public defense, human rights, 1.5 crime victims, and related purposes; establishing 1.6 grant programs, task forces, and pilot projects; 1.7 requiring reports and studies; increasing the number 1.8 of judges; transferring the office of drug policy and 1.9 violence prevention; increasing the membership and 1.10 expanding the duties of the criminal and juvenile 1.11 justice policy group; authorizing a lease-purchase 1.12 agreement for a northern satellite laboratory facility 1.13 and additional work related to a new facility in 1.14 St.Paul for the bureau of criminal apprehension; 1.15 clarifying and expanding certain criminal and civil 1.16 penalties; establishing a work program for certain 1.17 repeat DWI offenders and repealing the existing work 1.18 program for nonviolent offenders; requiring counties 1.19 to pay the costs of placing juvenile females at 1.20 Minnesota correctional facility-Sauk Centre; requiring 1.21 the department of corrections to submit an annual 1.22 performance report; requiring the issuance of a 1.23 request for proposals to operate the new Rush City 1.24 prison; privatizing the educational program at 1.25 Minnesota correctional facility-Red Wing; making 1.26 certain changes related to part-time peace officers; 1.27 requiring policies and training and making certain 1.28 other changes related to police pursuits; increasing 1.29 the state's fiscal responsibility for certain persons 1.30 prior to civil commitment; establishing requirements 1.31 relating to out-of-home placements of juveniles; 1.32 providing for state funding of certain programs and 1.33 personnel; providing for state funding of court 1.34 administration costs in specified judicial districts; 1.35 requesting further study; establishing collective 1.36 bargaining provisions for court employees; imposing 1.37 taxes; requiring a study of correctional staffing; 1.38 establishing a critical incident stress management 1.39 grant program; amending Minnesota Statutes 1998, 1.40 sections 2.722, subdivision 1; 3.739, subdivision 1; 1.41 43A.02, subdivision 25; 43A.24, subdivision 2; 1.42 119A.26; 119A.28, subdivisions 2 and 3; 119A.29, 1.43 subdivision 1; 119A.31, subdivision 3; 119A.32; 1.44 119A.33; 119A.34, subdivisions 3 and 4; 169.121, 1.45 subdivisions 3, 3e, and by adding subdivisions; 1.46 169.129, subdivision 2; 179A.03, subdivisions 7, 14, 2.1 15, and by adding a subdivision; 179A.06, subdivision 2.2 2; 179A.10, subdivision 4; 179A.12, subdivision 4; 2.3 179A.22, subdivisions 2 and 3; 241.016; 242.192; 2.4 243.50; 253B.185, by adding a subdivision; 253B.23, 2.5 subdivisions 1 and 8; 256.01, subdivision 2; 257.69, 2.6 subdivision 2; 260.151, subdivision 3; 260.161, 2.7 subdivision 1; 260.181, by adding a subdivision; 2.8 260.185, by adding a subdivision; 260.251, 2.9 subdivisions 2 and 5; 260.56; 299C.65, subdivisions 2, 2.10 5, and by adding subdivisions; 340A.415; 340A.703; 2.11 466.01, subdivision 6; 480.181, subdivision 1; 484.64, 2.12 subdivision 3; 484.65, subdivision 3; 485.018, 2.13 subdivisions 2 and 6; 485.03; 485.27; 487.02, 2.14 subdivision 2; 487.10, subdivision 4; 518.165, 2.15 subdivision 3; 546.13; 546.44, subdivision 3; 563.01, 2.16 subdivisions 2, 9, and 10; 609.035, subdivisions 1, 2, 2.17 and by adding a subdivision; 609.135, subdivision 2; 2.18 609.531, subdivision 1; 609.5315, by adding a 2.19 subdivision; 611.33, subdivision 3; 626.5532, 2.20 subdivision 1; 626.845, subdivision 1; 626.8462; 2.21 626.8463, subdivision 1; and 626.8465, subdivision 2; 2.22 Laws 1997, chapter 85, article 3, section 53; 2.23 proposing coding for new law in Minnesota Statutes, 2.24 chapters 179A; 241; 260; 299A; 299L; 480; and 626; 2.25 repealing Minnesota Statutes 1998, sections 119A.04, 2.26 subdivision 5; 241.277; 256D.05, subdivisions 3 and 2.27 3a; 357.021, subdivision 2a; 563.01, subdivision 1; 2.28 609.113; 626.5532, subdivision 2; and 626.8463, 2.29 subdivision 2; Laws 1997, chapter 238, section 4. 2.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.31 ARTICLE 1 2.32 APPROPRIATIONS 2.33 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.34 The sums shown in the columns marked "APPROPRIATIONS" are 2.35 appropriated from the general fund, or another fund named, to 2.36 the agencies and for the purposes specified in this act, to be 2.37 available for the fiscal years indicated for each purpose. The 2.38 figures "1999," "2000," and "2001," where used in this act, mean 2.39 that the appropriation or appropriations listed under them are 2.40 available for the year ending June 30, 1999, June 30, 2000, or 2.41 June 30, 2001, respectively. 2.42 SUMMARY BY FUND 2.43 1999 2000 2001 TOTAL 2.44 General $ 2,074,000 $ 550,238,000 $ 583,234,000 $1,133,472,000 2.45 Special Revenue 9,208,000 8,812,000 18,020,000 2.46 Environmental 44,000 46,000 90,000 2.47 State Government 2.48 Special Revenue 7,000 7,000 14,000 2.49 Trunk Highway 1,626,000 1,656,000 3,282,000 2.50 TOTAL $ 561,123,000 $ 593,755,000 $1,154,878,000 3.1 APPROPRIATIONS 3.2 Available for the Year 3.3 Ending June 30 3.4 2000 2001 3.5 Sec. 2. SUPREME COURT 3.6 Subdivision 1. Total 3.7 Appropriation $ 27,329,000 $ 26,281,000 3.8 The amounts that may be spent from this 3.9 appropriation for each program are 3.10 specified in the following subdivisions. 3.11 Subd. 2. Supreme Court Operations 3.12 4,506,000 4,549,000 3.13 $5,000 the first year and $5,000 the 3.14 second year are for a contingent 3.15 account for expenses necessary for the 3.16 normal operation of the court for which 3.17 no other reimbursement is provided. 3.18 $55,000 the first year and $18,000 the 3.19 second year are for access to justice 3.20 initiatives. 3.21 $50,000 the first year and $50,000 the 3.22 second year are for judicial branch 3.23 infrastructure. 3.24 $14,000 the first year is for the 3.25 judicial salary supplement. 3.26 Subd. 3. Civil Legal Services 3.27 6,859,000 6,859,000 3.28 This appropriation is for legal 3.29 services to low-income clients and for 3.30 family farm legal assistance under 3.31 Minnesota Statutes, section 480.242. 3.32 Any unencumbered balance remaining in 3.33 the first year does not cancel but is 3.34 available for the second year of the 3.35 biennium. A qualified legal services 3.36 program, as defined in Minnesota 3.37 Statutes, section 480.24, subdivision 3.38 3, may provide legal services to 3.39 persons eligible for family farm legal 3.40 assistance under Minnesota Statutes, 3.41 section 480.242. 3.42 $877,000 of this appropriation the 3.43 first year and $877,000 of this 3.44 appropriation the second year are to 3.45 improve the access of low-income 3.46 clients to legal representation in 3.47 family law matters and must be 3.48 distributed under Minnesota Statutes, 3.49 section 480.242, to the qualified legal 3.50 services programs described in 3.51 Minnesota Statutes, section 480.242, 3.52 subdivision 2, paragraph (a). Any 3.53 encumbered balance remaining in the 3.54 first year does not cancel and is 3.55 available for the second year of the 3.56 biennium. 3.57 Subd. 4. State Court Administration 4.1 14,143,000 13,040,000 4.2 $1,750,000 the first year and 4.3 $1,750,000 the second year are to begin 4.4 development and implementation of the 4.5 infrastructure for a coordinated and 4.6 integrated statewide criminal and 4.7 juvenile justice information system; 4.8 and for implementation of the judicial 4.9 branch justice information network. 4.10 This appropriation must be included in 4.11 the budget base for the 2002-2003 4.12 biennium. 4.13 $50,000 the first year and $50,000 the 4.14 second year are for court document 4.15 translation costs. 4.16 $50,000 the first year and $50,000 the 4.17 second year are for community justice 4.18 system collaboration. 4.19 $1,200,000 the first year is for 4.20 regional adult detention facility 4.21 construction planning grants under 4.22 article 2, section 27. Of this amount, 4.23 $200,000 is for a grant to plan, 4.24 develop, and issue a request for 4.25 proposals for the construction and 4.26 operation of a regional adult detention 4.27 facility by a private vendor. 4.28 $150,000 the first year and $150,000 4.29 the second year are for the state's 4.30 share of the costs associated with the 4.31 precommitment detention of persons as 4.32 described in Minnesota Statutes, 4.33 section 253B.185, subdivision 5. 4.34 The appropriation in Laws 1998, chapter 4.35 367, article 1, section 2, subdivision 4.36 4, for the parental cooperation task 4.37 force is available until expended. 4.38 Subd. 5. Law Library Operations 4.39 1,821,000 1,833,000 4.40 $40,000 the first year and $40,000 the 4.41 second year are for increased costs in 4.42 maintaining the library's publication 4.43 collection. 4.44 Sec. 3. COURT OF APPEALS 6,450,000 6,549,000 4.45 Sec. 4. DISTRICT COURTS 77,299,000 80,399,000 4.46 $1,678,000 the first year and 4.47 $4,048,000 the second year are for the 4.48 new judge units created in article 6, 4.49 section 1. Four judge units are 4.50 effective July 1, 1999; five judge 4.51 units are effective January 1, 2000; 4.52 four judge units are effective July 1, 4.53 2000; and five judge units are 4.54 effective January 1, 2001. The supreme 4.55 court, in consultation with the 4.56 conference of chief judges, shall 4.57 determine the order in which the 4.58 judgeships shall be allocated to the 4.59 districts. No new judge units become 5.1 effective in the fourth judicial 5.2 district unless the supreme court 5.3 determines that a community court has 5.4 been established in the district and 5.5 that two judge positions are assigned 5.6 to it on a continuing basis. 5.7 $46,000 the first year and $48,000 the 5.8 second year are for two referee 5.9 conversions in the second judicial 5.10 district. 5.11 $200,000 the first year and $200,000 5.12 the second year are for the continued 5.13 funding of the community court in the 5.14 second judicial district. 5.15 $50,000 the first year and $50,000 the 5.16 second year are for implementation of a 5.17 community court in the fourth judicial 5.18 district. 5.19 $558,000 the first year and $42,000 the 5.20 second year are for the statewide 5.21 expansion of video technology in the 5.22 court system. 5.23 $293,000 the first year and $293,000 5.24 the second year are for upgrading the 5.25 infrastructure of the judicial branch. 5.26 Sec. 5. BOARD ON JUDICIAL 5.27 STANDARDS 233,000 238,000 5.28 Sec. 6. TAX COURT 660,000 671,000 5.29 Sec. 7. PUBLIC SAFETY 5.30 Subdivision 1. Total 5.31 Appropriation 44,805,000 44,253,000 5.32 Summary by Fund 5.33 2000 2001 5.34 General 42,608,000 42,012,000 5.35 Special Revenue 520,000 532,000 5.36 State Government 5.37 Special Revenue 7,000 7,000 5.38 Environmental 44,000 46,000 5.39 Trunk Highway 1,626,000 1,656,000 5.40 The amounts that may be spent from this 5.41 appropriation for each program are 5.42 specified in the following subdivisions. 5.43 Subd. 2. Emergency Management 5.44 Summary by Fund 5.45 General 3,801,000 3,832,000 5.46 Environmental 44,000 46,000 5.47 Subd. 3. Criminal Apprehension 5.48 Summary by Fund 6.1 General 26,653,000 26,922,000 6.2 State Government 6.3 Special Revenue 7,000 7,000 6.4 Special Revenue 520,000 532,000 6.5 Trunk Highway 1,626,000 1,656,000 6.6 $99,000 the first year and $99,000 the 6.7 second year from the bureau of criminal 6.8 apprehension account in the special 6.9 revenue fund are for grants to local 6.10 officials for the cooperative 6.11 investigation of cross-jurisdictional 6.12 criminal activity. Any unencumbered 6.13 balance remaining in the first year 6.14 does not cancel but is available for 6.15 the second year. 6.16 $421,000 the first year and $433,000 6.17 the second year from the bureau of 6.18 criminal apprehension account in the 6.19 special revenue fund are for laboratory 6.20 activities. 6.21 $119,000 the second year is to 6.22 implement MNet connections to all 6.23 bureau of criminal apprehension field 6.24 offices that are not currently 6.25 connected. 6.26 $5,000,000 the first year and 6.27 $4,000,000 the second year are for the 6.28 statewide criminal and juvenile justice 6.29 data information system upgrade. 6.30 Of this amount, $210,000 the first year 6.31 and $210,000 the second year are to be 6.32 transferred to the department of 6.33 corrections for a statewide probation 6.34 system. This transfer appropriation 6.35 must be included in the budget base for 6.36 the 2002-2003 biennium. 6.37 $610,000 the first year and $63,000 the 6.38 second year are for a lab information 6.39 management system. 6.40 $400,000 the first year and $400,000 6.41 the second year are for laboratory 6.42 supplies and equipment. 6.43 $3,000,000 the first year and 6.44 $3,000,000 the second year are to fund 6.45 the operation of the criminal gang 6.46 oversight council and strike force 6.47 described in Minnesota Statutes, 6.48 section 299A.64, and for the grants 6.49 authorized under Minnesota Statutes, 6.50 section 299A.66, subdivisions 1 and 2. 6.51 This appropriation is available until 6.52 June 30, 2001. 6.53 $1,640,000 the second year is to 6.54 operate and equip the satellite 6.55 laboratory facility under the 6.56 lease-purchase agreement authorized in 6.57 article 2, section 33. 6.58 $150,000 the first year is for grants 7.1 to the Hennepin county sheriff's 7.2 office, the Minneapolis police 7.3 department, and the St. Paul police 7.4 department, and for use by the bureau 7.5 for costs of training, equipment, 7.6 implementation, and operation of the 7.7 FBI Drugfire computer program for 7.8 analyzing bullets and bullet casings. 7.9 $25,000 the first year is for the 7.10 capitol security study described in 7.11 article 5, section 12. 7.12 Subd. 4. Fire Marshal 7.13 3,198,000 3,185,000 7.14 $69,000 the first year and $4,000 the 7.15 second year are for fire safety, 7.16 inspection, and investigation 7.17 capability increases. 7.18 $30,000 the first year and $30,000 the 7.19 second year are for critical incident 7.20 stress management response teams. 7.21 Subd. 5. Alcohol and Gambling Enforcement 7.22 1,833,000 1,862,000 7.23 $87,000 the first year and $88,000 the 7.24 second year are for liquor law 7.25 compliance check grants under Minnesota 7.26 Statutes, section 299L.09. By January 7.27 15, 2002, the commissioner shall report 7.28 to the chairs and ranking minority 7.29 members of the senate and house 7.30 committees and divisions having 7.31 jurisdiction over criminal justice 7.32 funding on the grants awarded under 7.33 this paragraph. 7.34 Subd. 6. Law Enforcement and Community Grants 7.35 7,123,000 6,211,000 7.36 The commissioner shall use $600,000 the 7.37 first year and $600,000 the second year 7.38 in federal Byrne grant funds for grants 7.39 to pay the costs of developing or 7.40 implementing a criminal justice 7.41 information system integration plan as 7.42 described in Minnesota Statutes, 7.43 section 299C.65, subdivision 6 or 7. 7.44 Of this amount, up to $200,000 may be 7.45 used as aid to pay the costs, if any, 7.46 of completing the integration tasks 7.47 identified in an interim plan submitted 7.48 under Minnesota Statutes, section 7.49 299C.65, subdivision 6, paragraph (b). 7.50 $50,000 the first year is to develop 7.51 plans for the construction and 7.52 operation of a southeastern Minnesota 7.53 regional public safety training center 7.54 in the city of Rochester. The training 7.55 center must be staffed by public safety 7.56 employees from the southeastern 7.57 Minnesota region and must be used by 7.58 students and public safety employees 7.59 from the region. The commissioner 8.1 shall include representatives of 8.2 potential user groups in the planning 8.3 process and shall determine what shared 8.4 services and facilities would best meet 8.5 the needs of local, state, and federal 8.6 public safety employees in the region. 8.7 By January 15, 2000, the commissioner 8.8 shall report to the chairs and ranking 8.9 minority members of the house and 8.10 senate committees and divisions having 8.11 jurisdiction over public safety funding 8.12 on the plans developed under the 8.13 preceding paragraph. The report must 8.14 include a recommendation as to 8.15 ownership of the center, a description 8.16 of services and facilities recommended 8.17 to be offered at the center, the 8.18 identity of groups or agencies expected 8.19 to use the center, and plans for joint 8.20 payment for operation and maintenance 8.21 of the center. 8.22 $620,000 the first year is for a grant 8.23 to the city of Marshall to construct, 8.24 furnish, and equip a regional emergency 8.25 response training center. The balance, 8.26 if any, does not cancel but is 8.27 available for the fiscal year ending 8.28 June 30, 2001. 8.29 $1,333,000 the first year and 8.30 $1,333,000 the second year are for 8.31 grants to Hennepin, Ramsey, and 8.32 Washington counties to construct law 8.33 enforcement training facilities. Each 8.34 county must provide a match of at least 8.35 an equal amount in nonstate sources. 8.36 The commissioner may consider prior 8.37 expenditures made for the facility as 8.38 counting toward the match. To the 8.39 greatest extent possible, the 8.40 facilities should be multipurpose in 8.41 nature and collaboratively owned and 8.42 operated by various entities, including 8.43 local, state, and federal agencies and 8.44 private-sector organizations. 8.45 Before awarding grants, the 8.46 commissioner shall require Hennepin, 8.47 Ramsey, and Washington counties to 8.48 submit plans concerning their proposed 8.49 facilities. At a minimum, with regard 8.50 to the facility, the plan must specify 8.51 the entities that are collaborating on 8.52 its planning, construction, and 8.53 operation; its location; how its 8.54 operating expenses will be paid and 8.55 whether a continuing state subsidy is 8.56 envisioned; the type of training that 8.57 will be offered at it; the extent to 8.58 which it will be available for use by 8.59 entities other than those collaborating 8.60 on its planning, construction, and 8.61 operation; and its proposed governing 8.62 structure, including how management and 8.63 operational decisions will be made and 8.64 how it will be staffed. 8.65 By January 15, 2000, the commissioner 8.66 shall report to the chairs and ranking 9.1 minority members of the senate and 9.2 house committees and divisions having 9.3 jurisdiction over criminal justice 9.4 funding on the grants made under this 9.5 provision. The report must include the 9.6 plans required in the preceding 9.7 paragraph. 9.8 By January 15, 2000, and January 15, 9.9 2001, Hennepin, Ramsey, and Washington 9.10 counties shall report to the chairs and 9.11 ranking minority members described in 9.12 the preceding paragraph on the status 9.13 of the law enforcement training 9.14 facilities funded by this appropriation. 9.15 $100,000 the first year and $100,000 9.16 the second year are for grants to the 9.17 Minnesota safety council to continue 9.18 and expand the crosswalk safety 9.19 awareness campaign. The amount 9.20 appropriated the first year is to 9.21 promote public awareness among drivers 9.22 and pedestrians of the crosswalk safety 9.23 law, by means of mass media, print 9.24 materials, and community involvement. 9.25 The amount appropriated the second year 9.26 is to continue to promote public 9.27 awareness and to increase enforcement 9.28 of the crosswalk safety law. This 9.29 appropriation is available until spent. 9.30 $60,000 the first year and $60,000 the 9.31 second year are to provide the bomb 9.32 disposal reimbursements authorized by 9.33 Minnesota Statutes, section 299C.063, 9.34 subdivision 2. 9.35 $132,000 the first year and $133,000 9.36 the second year are for grants to the 9.37 northwest Hennepin human services 9.38 council to administer the northwest 9.39 community law enforcement project, to 9.40 be available until June 30, 2001. 9.41 $250,000 the first year is to assist 9.42 volunteer ambulance services, licensed 9.43 under Minnesota Statutes, chapter 144E, 9.44 in purchasing automatic external 9.45 defibrillators. This money may be 9.46 spent to assist those volunteer 9.47 ambulance services that do not possess 9.48 defibrillators. The commissioner may 9.49 use money remaining, if any, from this 9.50 appropriation after each volunteer 9.51 ambulance service has received 9.52 assistance in purchasing a 9.53 defibrillator to distribute 9.54 defibrillators to local law enforcement 9.55 agencies as provided in Laws 1998, 9.56 chapter 367, article 1, section 16. 9.57 $250,000 the first year and $250,000 9.58 the second year are for grants to 9.59 develop and administer a residential 9.60 program for women leaving prostitution 9.61 under article 2, section 32. 9.62 $50,000 the first year and $50,000 the 9.63 second year are for grants under 9.64 Minnesota Statutes, section 119A.31, 10.1 subdivision 1, clause (12), to 10.2 organizations that focus on 10.3 intervention and prevention of teenage 10.4 prostitution. 10.5 $75,000 the first year and $75,000 the 10.6 second year are for grants to Hennepin 10.7 county to administer the community 10.8 service grant program pilot project 10.9 described in article 2, section 28. 10.10 $500,000 the first year and $500,000 10.11 the second year are for one-time grants 10.12 to the city of Minneapolis and Hennepin 10.13 county to implement a coordinated 10.14 criminal justice system response to the 10.15 CODEFOR (Computer Optimized 10.16 Development-Focus On Results) law 10.17 enforcement strategy. The money is to 10.18 be used by the Minneapolis city 10.19 attorney's office, the Hennepin county 10.20 attorney's office, the Hennepin county 10.21 sheriff's office, the fourth judicial 10.22 district public defender's office, the 10.23 fourth judicial district court, the 10.24 Hennepin county community corrections 10.25 agency, and the Hennepin county 10.26 children and family services 10.27 department. By January 15, 2002, the 10.28 commissioner shall submit a detailed 10.29 report to the chairs of the senate and 10.30 house committees and divisions having 10.31 jurisdiction over criminal justice 10.32 funding on how the grant money was 10.33 allocated and how it was spent by the 10.34 grant recipients. 10.35 $300,000 the first year and $300,000 10.36 the second year are for weed and seed 10.37 grants under Minnesota Statutes, 10.38 section 299A.63. Money not expended 10.39 the first year is available for grants 10.40 during the second year. 10.41 $30,000 the first year and $30,000 the 10.42 second year are for grants to the city 10.43 of St. Paul to provide support services 10.44 to the surviving family members of 10.45 homicide, suicide, and accidental death 10.46 victims. 10.47 $50,000 the first year and $50,000 the 10.48 second year are for use by the center 10.49 for reducing rural violence in 10.50 continuing the technical assistance and 10.51 related violence prevention services it 10.52 currently offers to rural communities. 10.53 $500,000 the first year and $500,000 10.54 the second year are to operate the 10.55 weekend camp program at Camp Ripley 10.56 described in Laws 1997, chapter 239, 10.57 article 1, section 12, subdivision 3, 10.58 as amended by Laws 1998, chapter 367, 10.59 article 10, section 13. The powers and 10.60 duties of the department of corrections 10.61 with respect to the weekend program are 10.62 transferred to the department of public 10.63 safety under Minnesota Statutes, 10.64 section 15.039. The commissioner shall 10.65 attempt to expand the program to serve 11.1 500 juveniles per year within this 11.2 appropriation. 11.3 Sec. 8. CRIME VICTIM 11.4 SERVICES CENTER 11.5 Subdivision 1. Total 11.6 Appropriation 13,300,000 31,378,000 11.7 Subd. 2. Crime Victim 11.8 Reparations Board 11.9 2,183,000 2,199,000 11.10 $104,000 the first year and $104,000 11.11 the second year are for computer system 11.12 enhancements. 11.13 Subd. 3. Crime Victims 11.14 Assistance 11.15 11,117,000 29,179,000 11.16 The executive director of the center 11.17 and the commissioner of human services 11.18 shall, in consultation with affected 11.19 parties, report by October 15, 1999, to 11.20 the governor, the commissioner of 11.21 finance, and appropriate legislative 11.22 committee chairs, on a complete plan 11.23 and legislation necessary for 11.24 implementation of the transfer of 11.25 payments to battered women's shelters 11.26 from the department to the center 11.27 effective July 1, 2000. The plan must 11.28 not exceed funding appropriated for 11.29 that purpose in fiscal year 2001 and 11.30 shall assume funding at that same level 11.31 for the following biennium. 11.32 $50,000 the first year and $50,000 the 11.33 second year are for the crime victim 11.34 emergency fund. 11.35 $50,000 the first year and $159,000 the 11.36 second year are for grant 11.37 administration and the administration 11.38 of the battered women's shelter per 11.39 diem payments. 11.40 $44,000 the first year and $45,000 the 11.41 second year are to administer the crime 11.42 victims and witnesses services pilot 11.43 project grant program and to make the 11.44 grants described in article 2, section 11.45 29. 11.46 $75,000 the first year and $75,000 the 11.47 second year are for grants to an 11.48 existing battered women's shelter in 11.49 the city of Bloomington. 11.50 $40,000 the first year and $40,000 the 11.51 second year are for grants to an 11.52 American Indian battered women's 11.53 shelter in the city of Duluth. 11.54 $50,000 the first year and $50,000 the 11.55 second year are for grants to increase 11.56 the capacity of organizations that 11.57 provide sexual assault and domestic 12.1 violence prevention and intervention 12.2 services to Asian-Pacific communities. 12.3 The executive director may award the 12.4 grants described in this paragraph only 12.5 to existing nonprofit community-based 12.6 organizations that have a strong base 12.7 in and a demonstrated record of serving 12.8 Asian-Pacific communities. Of this 12.9 appropriation, up to 2.5 percent may be 12.10 used for administrative expenses 12.11 involved in making the grants. By 12.12 January 15, 2002, the executive 12.13 director shall report to the chairs and 12.14 ranking minority members of the senate 12.15 and house committees and divisions 12.16 having jurisdiction over criminal 12.17 justice funding on the grants awarded 12.18 under this paragraph. The report must 12.19 include a detailed account of how the 12.20 grants were allocated and used, and an 12.21 assessment of the results of the 12.22 projects funded by the grants. 12.23 $50,000 the first year is for a grant 12.24 to the Minnesota state colleges and 12.25 universities board to be used by the 12.26 center for applied research and policy 12.27 analysis at Metropolitan state 12.28 university to conduct a research 12.29 project to assess violence in the 12.30 Asian-Pacific communities and improve 12.31 data collection practices of mainstream 12.32 systems and institutions that work with 12.33 Asian-Pacific communities. By January 12.34 15, 2000, the center shall report the 12.35 results of the study to the chairs and 12.36 ranking minority members of the senate 12.37 and house committees and divisions 12.38 having jurisdiction over criminal 12.39 justice policy and funding. 12.40 $150,000 the first year and $150,000 12.41 the second year are for grants to the 12.42 family violence coordinating council in 12.43 the fourth judicial district for the 12.44 development of a plan and the 12.45 evaluation and report by the domestic 12.46 fatality review team under article 2, 12.47 section 34. This appropriation is 12.48 available until expended. 12.49 Sec. 9. CRIME VICTIM 12.50 OMBUDSMAN 450,000 430,000 12.51 $20,000 the first year is for the crime 12.52 victims case management system. 12.53 $46,000 the first year and $41,000 the 12.54 second year are for an additional 12.55 clerical position to enhance the 12.56 response to crime victims. 12.57 Sec. 10. BOARD OF PRIVATE DETECTIVE 12.58 AND PROTECTIVE AGENT SERVICES 135,000 140,000 12.59 Sec. 11. BOARD OF PEACE OFFICER 12.60 STANDARDS AND TRAINING 4,954,000 4,337,000 12.61 This appropriation is from the peace 12.62 officers training account in the 12.63 special revenue fund. Any receipts 13.1 credited to the peace officer training 13.2 account in the special revenue fund in 13.3 the first year in excess of $4,954,000 13.4 must be transferred and credited to the 13.5 general fund. Any receipts credited to 13.6 the peace officer training account in 13.7 the special revenue fund in the second 13.8 year in excess of $4,337,000 must be 13.9 transferred and credited to the general 13.10 fund. 13.11 $40,000 the first year is for minority 13.12 recruitment videos. 13.13 $350,000 the first year is to prepare, 13.14 coordinate, and reimburse providers of 13.15 the part-time peace officer competency 13.16 training described in Minnesota 13.17 Statutes, section 626.8462. 13.18 $250,000 the first year is for 13.19 reimbursements to local law enforcement 13.20 agencies for the cost of providing the 13.21 police pursuit training described in 13.22 Minnesota Statutes, section 626.8458. 13.23 Sec. 12. BOARD OF PUBLIC DEFENSE 13.24 Subdivision 1. Total 13.25 Appropriation 45,843,000 46,046,000 13.26 None of this appropriation shall be 13.27 used to pay for lawsuits against public 13.28 agencies or public officials to change 13.29 social or public policy. 13.30 The amounts that may be spent from this 13.31 appropriation for each program are 13.32 specified in the following subdivisions. 13.33 Subd. 2. State Public 13.34 Defender 13.35 3,160,000 3,229,000 13.36 $86,000 the first year and $78,000 the 13.37 second year are for appellate caseload 13.38 relief. 13.39 Subd. 3. Administrative Services 13.40 Office 13.41 1,276,000 1,270,000 13.42 $86,000 the first year and $84,000 the 13.43 second year are for a personnel 13.44 director. 13.45 Subd. 4. District Public 13.46 Defense 13.47 41,407,000 41,547,000 13.48 $1,550,000 the first year and 13.49 $1,450,000 the second year are for 13.50 caseload equity. 13.51 $50,000 the first year and $50,000 the 13.52 second year are for grants to the five 13.53 existing public defense corporations 13.54 under Minnesota Statutes, section 14.1 611.216. 14.2 $500,000 the first year is for the 14.3 statewide connection project. 14.4 $130,000 the first year and $131,000 14.5 the second year are for increased 14.6 public defender costs in the second 14.7 judicial district related to the 14.8 activities of the Ramsey county 14.9 attorney's domestic assault and child 14.10 abuse prosecution unit. This 14.11 appropriation is available until June 14.12 30, 2001. 14.13 Sec. 13. CORRECTIONS 14.14 Subdivision 1. Total 14.15 Appropriation 325,757,000 343,628,000 14.16 Summary by Fund 14.17 General 324,635,000 342,506,000 14.18 Special Revenue 1,122,000 1,122,000 14.19 The amounts that may be spent from this 14.20 appropriation for each program are 14.21 specified in the following subdivisions. 14.22 Any unencumbered balances remaining in 14.23 the first year do not cancel but are 14.24 available for the second year of the 14.25 biennium. 14.26 Positions and administrative money may 14.27 be transferred within the department of 14.28 corrections as the commissioner 14.29 considers necessary, upon the advance 14.30 approval of the commissioner of finance. 14.31 For the biennium ending June 30, 2001, 14.32 the commissioner of corrections may, 14.33 with the approval of the commissioner 14.34 of finance, transfer funds to or from 14.35 salaries. 14.36 The commissioner may enter into 14.37 contracts with private corporations or 14.38 governmental units of the state of 14.39 Minnesota to house in their 14.40 correctional facilities adult offenders 14.41 committed to the commissioner of 14.42 corrections. 14.43 Subd. 2. Correctional 14.44 Institutions 14.45 Summary by Fund 14.46 General 207,359,000 222,011,000 14.47 Special Revenue 865,000 785,000 14.48 $10,616,000 the first year and 14.49 $21,705,000 the second year are a 14.50 one-time appropriation for start-up and 14.51 operating expenses of the new custody 14.52 level 4 correctional facility at Rush 14.53 City. 15.1 $1,000,000 the first year and 15.2 $1,000,000 the second year are for 15.3 asset preservation and facility 15.4 repair. This funding may be 15.5 transferred between programs, to the 15.6 extent it is used for the same 15.7 purpose. The commissioner may use any 15.8 other available funding for this 15.9 purpose, to the extent it is not 15.10 inconsistent with any other law. 15.11 $532,000 the first year and $866,000 15.12 the second year are for the expansion 15.13 of the mental health and infirmary unit 15.14 at the Minnesota Correctional 15.15 Facility-Oak Park Heights. 15.16 $1,512,000 the first year and 15.17 $1,523,000 the second year are to 15.18 operate the DWI work program described 15.19 in Minnesota Statutes, section 15.20 241.2775, and to make necessary 15.21 renovations to buildings at the Camp 15.22 Ripley facility. 15.23 Subd. 3. Juvenile Services 15.24 13,388,000 13,656,000 15.25 $150,000 the first year and $150,000 15.26 the second year are for asset 15.27 preservation and facility repair. This 15.28 funding may be transferred between 15.29 programs, to the extent it is used for 15.30 the same purpose. The commissioner may 15.31 use any other available funding for 15.32 this purpose, to the extent it is not 15.33 inconsistent with any other law. 15.34 $250,000 the first year and $250,000 15.35 the second year are to expand aftercare 15.36 and transition services to youth under 15.37 the care of the commissioner of 15.38 corrections. 15.39 $120,000 the first year and $120,000 15.40 the second year are for two academic 15.41 teacher positions at the Minnesota 15.42 Correctional Facility-Red Wing. 15.43 $65,000 the first year and $160,000 the 15.44 second year are for increased 15.45 vocational education at the Minnesota 15.46 Correctional Facility-Red Wing. 15.47 Subd. 4. Community Services 15.48 Summary by Fund 15.49 General 93,697,000 96,121,000 15.50 Special Revenue 90,000 90,000 15.51 All money received by the commissioner 15.52 of corrections pursuant to the domestic 15.53 abuse investigation fee under Minnesota 15.54 Statutes, section 609.2244, is 15.55 available for use by the commissioner 15.56 and is appropriated annually to the 15.57 commissioner of corrections for costs 15.58 related to conducting the 16.1 investigations. 16.2 $400,000 the first year and $500,000 16.3 the second year are for increased 16.4 funding for intensive community 16.5 supervision. 16.6 $1,500,000 the first year and 16.7 $3,500,000 the second year are for 16.8 increased grants to counties that 16.9 deliver correctional services. 16.10 This appropriation is intended to 16.11 reduce state and county probation 16.12 officer caseload and workload 16.13 overcrowding and to increase 16.14 supervision of individuals sentenced to 16.15 probation at the county level. This 16.16 increased supervision may be 16.17 accomplished through a variety of 16.18 methods, including but not limited to: 16.19 (1) innovative technology services, 16.20 such as automated probation reporting 16.21 systems and electronic monitoring; (2) 16.22 prevention and diversion programs; (3) 16.23 intergovernmental cooperation 16.24 agreements between local governments 16.25 and appropriate community resources; 16.26 and (4) traditional probation program 16.27 services. 16.28 Counties that deliver correctional 16.29 services through Minnesota Statutes, 16.30 section 244.19, and that qualify for 16.31 new probation officers under this 16.32 program shall receive full 16.33 reimbursement for the officers' 16.34 benefits and support, not to exceed 16.35 $70,000 annually. Positions funded by 16.36 this appropriation may not supplant 16.37 existing services. 16.38 The commissioner shall distribute money 16.39 appropriated for state and county 16.40 probation officer caseload and workload 16.41 reduction according to the formula 16.42 contained in Minnesota Statutes, 16.43 section 401.10. These appropriations 16.44 may not be used to supplant existing 16.45 state or county probation officer 16.46 positions or existing correctional 16.47 services or programs. 16.48 This appropriation is available until 16.49 June 30, 2001, and shall be added to 16.50 the base level for probation officer 16.51 workload reduction appropriated under 16.52 Laws 1997, chapter 239, article 1, 16.53 section 12, subdivision 4, and Laws 16.54 1998, chapter 367, article 1, section 16.55 7, subdivision 4. 16.56 By January 15, 2001, the commissioner 16.57 of corrections shall report to the 16.58 chairs and ranking minority members of 16.59 the senate and house committees and 16.60 divisions having jurisdiction over 16.61 criminal justice funding on the 16.62 outcomes achieved through the use of 16.63 state probation caseload reduction 16.64 appropriations made since 1995. At a 17.1 minimum, the report must analyze the 17.2 following outcomes, as further 17.3 described in the uniform statewide 17.4 probation outcome measures workgroup's 17.5 1998 report to the legislature: 17.6 (1) the recidivism rate of felony 17.7 offenders during the first three years 17.8 of probation, parole, or supervised 17.9 release supervision, as measured by 17.10 arrests, convictions, and 17.11 incarceration; 17.12 (2) the restoration and satisfaction of 17.13 crime victims as measured by the 17.14 payment of restitution and victim 17.15 satisfaction that (i) their needs were 17.16 addressed, (ii) they were given an 17.17 opportunity to provide input, (iii) 17.18 they received sufficient information 17.19 about their cases, and (iv) they were 17.20 satisfied with the services provided to 17.21 them by corrections agencies; 17.22 (3) the restoration of the community as 17.23 measured by the percentage of offenders 17.24 ordered to perform sentencing to 17.25 service and other community service 17.26 projects and the percentage of 17.27 offenders who abide by the order; and 17.28 (4) the development of offender 17.29 competencies and assistance provided to 17.30 offenders in changing criminal behavior 17.31 as measured by the provision of 17.32 services that address factors relating 17.33 to criminal behavior. 17.34 $50,000 the first year and $50,000 the 17.35 second year are for the emergency 17.36 housing initiative. 17.37 $250,000 the first year and $250,000 17.38 the second year are for increased 17.39 funding of the sentencing to service 17.40 program. 17.41 $50,000 the first year and $50,000 the 17.42 second year are for sex offender 17.43 transition programming. 17.44 $500,000 the first year and $500,000 17.45 the second year are for productive day 17.46 grants. 17.47 $255,000 the first year and $260,000 17.48 the second year are for grants to 17.49 Dakota county for the community justice 17.50 zone pilot project described in article 17.51 2, section 31. 17.52 $150,000 the first year and $150,000 17.53 the second year are for grants related 17.54 to restorative justice programs, as 17.55 defined in Minnesota Statutes, section 17.56 611A.775. The commissioner may make 17.57 grants to fund new as well as existing 17.58 programs and to provide technical 17.59 assistance to volunteers and staff who 17.60 assist with restorative justice 17.61 programs. 18.1 Subd. 5. Management Services 18.2 Summary by Fund 18.3 General 10,191,000 10,718,000 18.4 Special Revenue 167,000 247,000 18.5 $800,000 the first year and $1,200,000 18.6 the second year are for technology 18.7 improvements. 18.8 Sec. 14. CORRECTIONS OMBUDSMAN 612,000 626,000 18.9 Sec. 15. SENTENCING GUIDELINES 18.10 COMMISSION 592,000 553,000 18.11 $125,000 the first year and $75,000 the 18.12 second year are for the sentencing 18.13 guidelines worksheet. 18.14 Sec. 16. HUMAN RIGHTS 3,862,000 3,924,000 18.15 Sec. 17. UNIFORM LAWS COMMISSION 37,000 38,000 18.16 Sec. 18. AUTO THEFT PREVENTION 18.17 BOARD 2,612,000 2,821,000 18.18 This appropriation is from the 18.19 automobile theft prevention account in 18.20 the special revenue fund. 18.21 $735,000 the first year and $935,000 18.22 the second year are for increased grant 18.23 funding. 18.24 Sec. 19. ADMINISTRATION 4,750,000 -0- 18.25 $250,000 is for expenses related to 18.26 developing and issuing the request for 18.27 proposals to operate the new custody 18.28 level 4 correctional facility at Rush 18.29 City and for selecting a vendor. 18.30 $4,500,000 is to complete design 18.31 documents and site preparation for the 18.32 new facility for the bureau of criminal 18.33 apprehension in St. Paul for which site 18.34 acquisition and preliminary design 18.35 money were appropriated in Laws 1998, 18.36 chapter 404, section 13, subdivision 18.37 11. The commissioner may use a 18.38 design-build method of project 18.39 development and construction for this 18.40 project. The commissioner may award a 18.41 design-build contract on the basis of 18.42 requests for proposals or requests for 18.43 qualifications without bids. 18.44 Sec. 20. ECONOMIC SECURITY 675,000 675,000 18.45 $600,000 the first year and $600,000 18.46 the second year are for grants to 18.47 cities of the first class that 18.48 demonstrate a need for creating and 18.49 expanding curfew enforcement, truancy 18.50 prevention, and pretrial diversion 18.51 programs. Programs funded under this 18.52 section must have clearly established 18.53 neighborhood, community, and family 18.54 outcome measures of success and must 19.1 report to the commissioner on the 19.2 achievement of these outcomes on or 19.3 before June 30, 2001. 19.4 $75,000 the first year and $75,000 the 19.5 second year are to make the Kid Care 19.6 grants under article 2, section 30. 19.7 The commissioner may use a reasonable 19.8 amount of this appropriation to 19.9 administer the grant program. 19.10 Sec. 21. ATTORNEY GENERAL 268,000 268,000 19.11 $268,000 the first year and $268,000 19.12 the second year are for grants to 19.13 Ramsey county to be used by the Ramsey 19.14 county attorney's office to establish 19.15 and fund the domestic assault and child 19.16 abuse prosecution unit. This 19.17 appropriation is available until June 19.18 30, 2001. 19.19 Sec. 22. HUMAN SERVICES 500,000 500,000 19.20 $500,000 the first year and $500,000 19.21 the second year are for Asian-American 19.22 juvenile crime intervention and 19.23 prevention grants under Minnesota 19.24 Statutes, section 256.486. 19.25 Sec. 23. DEFICIENCY APPROPRIATION 19.26 Fiscal Year 1999 19.27 General 2,074,000 19.28 This appropriation for fiscal year 1999 19.29 is added to the appropriation in Laws 19.30 1997, chapter 239, article 1, section 19.31 7, subdivision 2, to provide matching 19.32 funds for federal emergency management 19.33 assistance funds received for natural 19.34 disaster assistance payments. 19.35 ARTICLE 2 19.36 CRIME PREVENTION AND LAW ENFORCEMENT GRANTS 19.37 Section 1. Minnesota Statutes 1998, section 119A.26, is 19.38 amended to read: 19.39 119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 19.40 Subdivision 1. [OFFICE
; ASSISTANT COMMISSIONER.] The 19.41 office of drug policy and violence prevention is an office in 19.42 the department of children, families, and learningpublic 19.43 safety, headed by an assistant commissioner appointed bythe 19.44 commissioner to serve in the unclassified service. 19.45 The assistantcommissioner may appoint other employees. 19.46 The assistantcommissioner shall coordinate the violence 19.47 prevention activities and the prevention and supply reduction 19.48 activities of state and local agencies and provide one20.1 professional staff member to assist on a full-time basis the20.2 work of the chemical abuse prevention resource counciluse the 20.3 resources of the office to conduct activities related to crime 20.4 prevention and enforcement as deemed necessary. 20.5 Subd. 2. [DUTIES.] (a) The assistantcommissioner shall: 20.6 (1) gather, develop, and make available throughout the 20.7 state information and educational materials on preventing and 20.8 reducing violence in the family and in the community, both 20.9 directly and by serving as a clearinghouse for information and 20.10 educational materials from schools, state and local agencies, 20.11 community service providers, and local organizations; 20.12 (2) foster collaboration among schools, state and local 20.13 agencies, community service providers, and local organizations 20.14 that assist in violence intervention or prevention; 20.15 (3) assist schools, state and local agencies, service 20.16 providers, and organizations, on request, with training and 20.17 other programs designed to educate individuals about violence 20.18 and reinforce values that contribute to ending violence; 20.19 (4) after consulting with all state agencies involved in 20.20 preventing or reducing violence within the family or community, 20.21 develop a statewide strategy for preventing and reducing 20.22 violence that encompasses the efforts of those agencies and 20.23 takes into account all money available for preventing or 20.24 reducing violence from any source; 20.25 (5) submit the strategy to the governor by January 15 of 20.26 each calendar year, along with a summary of activities occurring 20.27 during the previous year to prevent or reduce violence 20.28 experienced by children, young people, and their families; and20.29 (6) assist appropriate professional and occupational 20.30 organizations, including organizations of law enforcement 20.31 officers, prosecutors, and educators, in developing and 20.32 operating informational and training programs to improve the 20.33 effectiveness of activities to prevent or reduce violence within 20.34 the family or community; and 20.35 (7) take other actions deemed necessary to reduce the 20.36 incidence of crime. 21.1 The commissioner also may, through this program, support 21.2 activities and strategies of the criminal gang council and 21.3 strike force as specified in sections 299A.64, 299A.65, and 21.4 299A.66. 21.5 (b) The assistantcommissioner shall gather and make 21.6 available information on prevention and supply reduction 21.7 activities throughout the state, foster cooperation among 21.8 involved state and local agencies, and assist agencies and 21.9 public officials in training and other programs designed to 21.10 improve the effectiveness of prevention and supply reduction 21.11 activities. 21.12 (c) The assistantcommissioner shall coordinate the 21.13 distribution of funds received by the state of Minnesota through 21.14 the federal Anti-Drug Abuse Act. The assistantcommissioner 21.15 shall recommend to the commissionerdetermine recipients of 21.16 grants under sections 119A.30 and 299A.33, after consultation 21.17 with the chemical abuse prevention resource council. 21.18 (d) The assistantcommissioner shall: 21.19 (1) after consultation with all state agencies involved in 21.20 prevention or supply reduction activities, develop a state 21.21 chemical abuse and dependency strategy encompassing the efforts 21.22 of those agencies and taking into account all money available 21.23 for prevention and supply reduction activities, from any source; 21.24 (2) submit the strategy to the governor by January 15 of 21.25 each year, along with a summary of prevention and supply 21.26 reduction activities during the preceding calendar year; 21.27 (3) assist appropriate professional and occupational 21.28 organizations, including organizations of law enforcement 21.29 officers, prosecutors, and educators, in developing and 21.30 operating informational and training programs to improve the 21.31 effectiveness of prevention and supply reduction activities; 21.32 (4) provide information, including information on drug 21.33 trends, and assistance to state and local agencies, both 21.34 directly and by functioning as a clearinghouse for information 21.35 from other agencies; 21.36 (5) facilitate cooperation among drug program agencies; and 22.1 (6) in coordination with the chemical abuse prevention 22.2 resource council, review, approve, and coordinate the 22.3 administration of prevention, criminal justice, and treatment 22.4 grants. 22.5 Sec. 2. Minnesota Statutes 1998, section 119A.28, 22.6 subdivision 2, is amended to read: 22.7 Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 22.8 furtherance of the general purpose specified in subdivision 1, 22.9 the council shall: 22.10 (1) assist state agencies in the coordination of drug 22.11 policies and programs and in the provision of services to other 22.12 units of government, communities, and citizens; 22.13 (2) promote among state agencies policies to achieve 22.14 uniformity in state and federal grant programs and to streamline 22.15 those programs; 22.16 (3) oversee comprehensive data collection and research and 22.17 evaluation of alcohol and drug program activities; 22.18 (4) seek the advice and counsel of appropriate interest 22.19 groups and advise the assistantcommissioner of the office of22.20 drug policy and violence preventionpublic safety; 22.21 (5) seek additional private funding for community-based 22.22 programs and research and evaluation; 22.23 (6) evaluate whether law enforcement narcotics task forces 22.24 should be reduced in number and increased in geographic size, 22.25 and whether new sources of funding are available for the task 22.26 forces; 22.27 (7) continue to promote clarity of roles among federal, 22.28 state, and local law enforcement activities; and 22.29 (8) establish criteria to evaluate law enforcement drug 22.30 programs. 22.31 Sec. 3. Minnesota Statutes 1998, section 119A.28, 22.32 subdivision 3, is amended to read: 22.33 Subd. 3. [GRANT PROGRAMS.] The council shall, in 22.34 coordination with the assistantcommissioner of the office of22.35 drug policy and violence prevention, review and approve state 22.36 agency plans regarding the use of federal funds for programs to 23.1 reduce chemical abuse or reduce the supply of controlled 23.2 substances. The appropriate state agencies would have 23.3 responsibility for management of state and federal drug grant 23.4 programs. 23.5 Sec. 4. Minnesota Statutes 1998, section 119A.29, 23.6 subdivision 1, is amended to read: 23.7 Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The 23.8 commissioner of children, families, and learningpublic safety 23.9 may establish pilot projects at neighborhood centers serving 23.10 youths between the ages of 11 to 21. The centers may offer 23.11 recreational activities, social services, meals, job skills and 23.12 career services, and provide referrals for youths to other 23.13 available services outside the centers. The commissioner may 23.14 consult with other appropriate agencies and, to the extent 23.15 possible, use existing resources and staff in creating the 23.16 programs. The commissioner shall ensure that the programs, if 23.17 offered, are adequately staffed by specially trained personnel 23.18 and outreach street workers. Each center may integrate 23.19 community volunteers into the program's activities and services 23.20 and cooperate with local law enforcement agencies. The centers 23.21 must be open during hours convenient to youths including 23.22 evenings, weekends, and extended summer hours. However, there 23.23 may not be any conflicts with truancy laws. Each center must 23.24 have a plan for evaluation designed to measure the program's 23.25 effectiveness in aiding youths. 23.26 Sec. 5. Minnesota Statutes 1998, section 119A.31, 23.27 subdivision 3, is amended to read: 23.28 Subd. 3. [REPORT.] The commissioner shall submit a written 23.29 report to the children's cabinet andchairs of the committees of 23.30 the senate and house of representatives with jurisdiction over 23.31 criminal justice policy and funding of crime prevention 23.32 programs, by February 1 each year, based on the information 23.33 provided by applicants under this subdivision. 23.34 Sec. 6. Minnesota Statutes 1998, section 119A.32, is 23.35 amended to read: 23.36 119A.32 [OTHER DUTIES.] 24.1 The assistantcommissioner assigned to the office of drug24.2 policy and violence preventionof public safety, in consultation 24.3 with the chemical abuse and violence prevention council, shall: 24.4 (1) provide information and assistance upon request to 24.5 school preassessment teams established under section 121A.26 and 24.6 school and community advisory teams established under section 24.7 121A.27; 24.8 (2) provide information and assistance upon request to the 24.9 state board of pharmacy with respect to the board's enforcement 24.10 of chapter 152; 24.11 (3) cooperate with and provide information and assistance 24.12 upon request to the alcohol and other drug abuse section in the 24.13 department of human services; 24.14 (4) assist in coordinatingcoordinate the policy of the 24.15 office with that of the narcotic enforcement unit in the bureau 24.16 of criminal apprehension; and 24.17 (5) coordinate the activities of the regional drug task 24.18 forces, provide assistance and information to them upon request, 24.19 and assist in the formation of task forces in areas of the state 24.20 in which no task force operates. 24.21 Sec. 7. Minnesota Statutes 1998, section 119A.33, is 24.22 amended to read: 24.23 119A.33 [COOPERATION OF OTHER AGENCIES.] 24.24 State agencies, and agencies and governing bodies of 24.25 political subdivisions, shall cooperate with the assistant24.26 commissioner assigned to the office of drug policycommissioner 24.27 of public safety and shall provide any public information 24.28 requested by the assistantcommissioner assigned to the office24.29 of drug policy. 24.30 Sec. 8. Minnesota Statutes 1998, section 119A.34, 24.31 subdivision 3, is amended to read: 24.32 Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant24.33 commissioner of the office of drug policypublic safety may 24.34 award a grant to a county, multicounty organization, or city, as 24.35 described in subdivision 1, for establishing and operating a 24.36 multidisciplinary chemical abuse prevention team. The assistant25.1 commissioner may approve up to five applications for grants 25.2 under this subdivision. The grant funds must be used to 25.3 establish a multidisciplinary chemical abuse prevention team to 25.4 carry out the duties in subdivision 2. 25.5 Sec. 9. Minnesota Statutes 1998, section 119A.34, 25.6 subdivision 4, is amended to read: 25.7 Subd. 4. [ ASSISTANT COMMISSIONER;ADMINISTRATION OF 25.8 GRANTS.] The assistantcommissioner shall develop a process for 25.9 administering grants under subdivision 3. The process must be 25.10 compatible with the community grant program under the Drug Free 25.11 Schools and Communities Act, Public Law Number 100-690. The 25.12 process for administering the grants must include establishing 25.13 criteria the assistantcommissioner shall apply in awarding 25.14 grants. The assistantcommissioner shall issue requests for 25.15 proposals for grants under subdivision 3. The request must be 25.16 designed to obtain detailed information about the applicant and 25.17 other information the assistantcommissioner considers necessary 25.18 to evaluate and select a grant recipient. The applicant shall 25.19 submit a proposal for a grant on a form and in a manner 25.20 prescribed by the assistantcommissioner. The assistant25.21 commissioner shall award grants under this section so that 50 25.22 percent of the funds appropriated for the grants go to the 25.23 metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 25.24 Ramsey, Scott, and Washington counties, and 50 percent of the 25.25 funds go to the area outside the metropolitan area. The process 25.26 for administering the grants must also include procedures for 25.27 monitoring the recipients' use of grant funds and reporting 25.28 requirements for grant recipients. 25.29 Sec. 10. [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN, 25.30 FAMILIES, AND LEARNING.] 25.31 The powers and duties of the department of children, 25.32 families, and learning with respect to the office of drug policy 25.33 and violence prevention and community advisory violence 25.34 prevention council under Minnesota Statutes 1998, sections 25.35 119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 25.36 119A.33, and 119A.34, are transferred to the department of 26.1 public safety under Minnesota Statutes, section 15.039. 26.2 Sec. 11. [299A.2893] [CRIMINAL GANG PREVENTION AND 26.3 INTERVENTION GRANT PROGRAM.] 26.4 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner shall 26.5 administer a criminal gang prevention and intervention grant 26.6 program and may make grants to assist organizations engaged in 26.7 offering services to: 26.8 (1) help gang members separate themselves, or remain 26.9 separated, from their gang affiliation; and 26.10 (2) prevent individuals from becoming affiliated with gangs. 26.11 The commissioner shall develop a grant application that 26.12 specifies the eligibility criteria for receiving grants. The 26.13 commissioner may require grant recipients to match a percentage 26.14 of the grant. 26.15 Subd. 2. [ELIGIBILITY FOR GRANTS.] An organization must 26.16 meet the following criteria to be eligible for a grant under 26.17 this section: 26.18 (1) it must be a private, nonprofit organization or a local 26.19 public agency; 26.20 (2) it must offer and provide to clients of the program 26.21 services to help gang members terminate their affiliation with 26.22 gangs, help former gang members to continue to remain separated 26.23 from their gang affiliation, or prevent youths from becoming 26.24 affiliated with gangs; and 26.25 (3) it must provide matching funds or in-kind services in 26.26 compliance with the formula set by the commissioner, if any. 26.27 Subd. 3. [SERVICES TO BE OFFERED.] The services offered by 26.28 grant recipients may include educational, recreational, and 26.29 community service opportunities; job skills and life skills 26.30 development; medical services; counseling; and other appropriate 26.31 services. 26.32 Subd. 4. [REPORT TO LEGISLATURE.] By January 15 of each 26.33 year, the commissioner shall report to the chairs of the senate 26.34 and house committees and divisions having jurisdiction over 26.35 criminal justice funding on grants made under this section. 26.36 Sec. 12. [299A.2895] [CRIMINAL GANG PREVENTION AND 27.1 INTERVENTION ACCOUNT.] 27.2 The criminal gang prevention and intervention account is an 27.3 account in the state treasury. Money in the account consists of 27.4 money transferred to it pursuant to section 609.5315, 27.5 subdivision 5b. The money in the account is annually 27.6 appropriated to the commissioner to make the grants described in 27.7 section 299A.2893. 27.8 Sec. 13. [299A.75] [DEFINITIONS.] 27.9 Subdivision 1. [SCOPE.] The terms used in sections 299A.75 27.10 to 299A.81 have the meanings given them in this section. 27.11 Subd. 2. [COMMISSIONER.] "Commissioner" means the 27.12 commissioner of public safety. 27.13 Subd. 3. [TEAM.] "Team" means a critical incident stress 27.14 management (CISM) team organized under an emergency medical 27.15 service (EMS) regional program grant or by a nonprofit venture 27.16 CISM team. 27.17 Subd. 4. [FAST.] "FAST" means a fire assistance support 27.18 team recognized by the joint council. 27.19 Subd. 5. [JOINT COUNCIL.] "Joint council" means the 27.20 Minnesota Fire Services Joint Council organized by the Minnesota 27.21 State Fire Chief's Association, the Minnesota Professional Fire 27.22 Fighters, and the Minnesota State Fire Department Association 27.23 and maintained by these organizations. 27.24 Sec. 14. [299A.76] [CISM, FAST GRANT PROGRAM ESTABLISHED.] 27.25 A critical incident stress management, fire assistance 27.26 support team grant program is established to be administered by 27.27 the commissioner, consisting of grants to CISM teams to enable 27.28 them to enhance the effectiveness of their responses to public 27.29 safety employee and employer requests, or to FAST for responses 27.30 to catastrophic incidents. 27.31 Sec. 15. [299A.77] [GRANT ELIGIBILITY; CISM TEAM.] 27.32 To be eligible for a grant under this program, a CISM team 27.33 must: 27.34 (1) be available to respond to a request by emergency 27.35 personnel 24 hours per day; 27.36 (2) be recognized by one or more of the eight emergency 28.1 medical services regional programs or at least two fire or 28.2 police departments within the state; 28.3 (3) submit a written plan for the proposed expenditures to 28.4 enhance the effectiveness of CISM responses or to reimburse 28.5 actual team expenses incurred during a response; and 28.6 (4) apply for the grant according to procedures to be 28.7 established for this program by the commissioner and receive 28.8 approval from the commissioner. 28.9 Sec. 16. [299A.78] [GRANT ELIGIBILITY; FAST.] 28.10 To be eligible for a grant under this program, a FAST must: 28.11 (1) be available to respond to a request from a fire 28.12 department recognized by the state fire marshal; 28.13 (2) have responded to a request for assistance in a 28.14 situation beyond the normal expected operation of the department 28.15 and beyond the capacity of that department's mutual aid 28.16 agreements; 28.17 (3) submit written documentation outlining costs incurred, 28.18 activities to assist the department, and the plan developed for 28.19 the department to facilitate a transition back to normal; and 28.20 (4) apply for the grant according to procedures to be 28.21 established for this program by the commissioner and receive 28.22 approval from the commissioner. 28.23 Sec. 17. [299A.79] [GRANT APPLICATION.] 28.24 Subdivision 1. [PROCEDURES; RULES.] A grant application 28.25 must be submitted to the commissioner according to the 28.26 procedures established by rule. The grant application must 28.27 include a specific description of the plan for enhancing the 28.28 effectiveness of responses or receipts for actual expenses 28.29 incurred. 28.30 Subd. 2. [APPROVAL.] The commissioner shall approve a 28.31 grant application only if it meets the criteria for eligibility 28.32 as established and announced by the commissioner and if there 28.33 are sufficient funds remaining in the grant program to cover the 28.34 amount of the grant. The commissioner may request modifications 28.35 to the plan. If the commissioner rejects a grant application, 28.36 written reasons for the rejection must be provided to the 29.1 applicant. The applicant may modify the application and 29.2 resubmit it. 29.3 Sec. 18. [299A.80] [PLAN; QUALIFYING USES.] 29.4 The commissioner shall determine whether the plan will 29.5 enable a team to enhance its effectiveness during a response or 29.6 the expenses are related to an effective CISM activity or FAST 29.7 response. 29.8 Sec. 19. [299A.81] [GRANT AMOUNT.] 29.9 The amount of each grant must be determined by the 29.10 commissioner and may not exceed the lesser of: 29.11 (1) the amount specified in the grant application to be 29.12 spent on the plan or to cover the receipted expenses; 29.13 (2) 25 percent of the balance of the grant fund; or 29.14 (3) 50 percent of the applicant's annual budget. This 29.15 clause does not apply to FAST while the normal program costs are 29.16 being borne by the joint council. If separate budgeting is 29.17 established, then this clause is applicable. 29.18 Sec. 20. Minnesota Statutes 1998, section 299C.65, 29.19 subdivision 2, is amended to read: 29.20 Subd. 2. [REPORT, TASK FORCE.] The policy group shall file 29.21 an annual report with the governor, supreme court, and 29.22 legislature by December 1 of each even-numbered year. 29.23 The report must make recommendations concerning any 29.24 legislative changes or appropriations that are needed to ensure 29.25 that the criminal justice information systems operate accurately 29.26 and efficiently. To assist them in developing their 29.27 recommendations, the chair, the commissioners, and the 29.28 administrator shall appoint a task force consisting of the 29.29 members of the criminal and juvenile justice information policy 29.30 group or their designees and the following additional members: 29.31 (1) the director of the office of strategic and long-range 29.32 planning; 29.33 (2) two sheriffs recommended by the Minnesota sheriffs 29.34 association; 29.35 (3) two police chiefs recommended by the Minnesota chiefs 29.36 of police association; 30.1 (4) two county attorneys recommended by the Minnesota 30.2 county attorneys association; 30.3 (5) two city attorneys recommended by the Minnesota league 30.4 of cities; 30.5 (6) two public defenders appointed by the board of public 30.6 defense; 30.7 (7) two district judges appointed by the conference of 30.8 chief judges, one of whom is currently assigned to the juvenile 30.9 court; 30.10 (8) two community corrections administrators recommended by 30.11 the Minnesota association of counties, one of whom represents a 30.12 community corrections act county; 30.13 (9) two probation officers; 30.14 (10) twofour public members, one of whom has been a victim 30.15 of crime, and two who are representatives of the private 30.16 business community who have expertise in integrated information 30.17 systems; 30.18 (11) two court administrators; 30.19 (12) two membersone member of the house of representatives 30.20 appointed by the speaker of the house; and30.21 (13) two membersone member of the senate appointed by the 30.22 majority leader .; 30.23 (14) the attorney general or a designee; 30.24 (15) the commissioner of administration or a designee; 30.25 (16) an individual recommended by the Minnesota league of 30.26 cities; and 30.27 (17) an individual recommended by the Minnesota association 30.28 of counties. 30.29 In making these appointments, the appointing authority shall 30.30 select members with expertise in integrated data systems or best 30.31 practices. 30.32 Sec. 21. Minnesota Statutes 1998, section 299C.65, 30.33 subdivision 5, is amended to read: 30.34 Subd. 5. [REVIEW OF FUNDING REQUESTAND GRANT 30.35 REQUESTS.] (a) The criminal and juvenile justice information 30.36 policy group shall review the funding requests for criminal 31.1 justice information systems from state, county, and municipal 31.2 government agencies. The policy group shall review the requests 31.3 for compatibility to statewide criminal justice information 31.4 systems. The review shall be forwarded to the chairs of the 31.5 house judiciary committee and judiciary finance division, and 31.6 the chairs of the senate crime prevention committee and crime 31.7 prevention and judiciary finance division. 31.8 (b) The policy group shall also review funding requests for 31.9 criminal justice information systems grants to be made by the 31.10 commissioner of public safety as provided in this section. 31.11 Within the limits of available appropriations, the commissioner 31.12 of public safety shall make grants for projects that have been 31.13 approved by the policy group. 31.14 (c) If a funding request is for development of a 31.15 comprehensive criminal justice information integration plan, the 31.16 policy group shall ensure that the request contains the 31.17 components specified in subdivision 6. If a funding request is 31.18 for implementation of a plan or other criminal justice 31.19 information systems project, the policy group shall ensure that: 31.20 (1) the government agency has adopted a comprehensive plan 31.21 that complies with subdivision 6; 31.22 (2) the request contains the components specified in 31.23 subdivision 7; and 31.24 (3) the request demonstrates that it is consistent with the 31.25 government agency's comprehensive plan. 31.26 Sec. 22. Minnesota Statutes 1998, section 299C.65, is 31.27 amended by adding a subdivision to read: 31.28 Subd. 6. [DEVELOPMENT OF INTEGRATION PLAN.] (a) If a 31.29 funding request is for funds to develop a comprehensive criminal 31.30 justice information integration plan to integrate all systems 31.31 within a jurisdiction, the requesting agency must submit to the 31.32 policy group a request that contains the following components: 31.33 (1) the vision, mission, goals, objectives, and scope of 31.34 the integration plan; 31.35 (2) a statement of need identifying problems, 31.36 inefficiencies, gaps, overlaps, and barriers within the 32.1 requesting agency's jurisdiction, including those related to 32.2 current systems and interfaces, business practices, policies, 32.3 laws, and rules; 32.4 (3) a list of agency heads and staff who will direct the 32.5 effort and a statement demonstrating collaboration among all of 32.6 the agencies involved; 32.7 (4) a statement of how the integration plan would integrate 32.8 all systems within the six major business functions of the 32.9 criminal justice community, including incident reporting, 32.10 investigation, arrest, detention, adjudication, and disposition, 32.11 including postsentence supervision and treatment, and related 32.12 civil, family, and human services proceedings, processes, and 32.13 services; 32.14 (5) a statement demonstrating that the requesting agency 32.15 has consulted with individuals involved in day-to-day business 32.16 practices, use, and operation of current criminal justice 32.17 information systems so as to identify barriers and gaps; 32.18 (6) a planning methodology that results in at least the 32.19 following deliverables: 32.20 (i) proposed adjustments to the state's criminal justice 32.21 data model, including data policy problems and proposed changes; 32.22 (ii) a function and process model that includes business 32.23 process improvement and redesign opportunities, prioritized 32.24 business change objectives, and short-term opportunities for 32.25 improvement that can be pursued immediately while developing and 32.26 implementing the long-range integration plan; 32.27 (iii) a technology model that includes network, 32.28 communication, and security standards and guidelines; 32.29 (iv) an application architecture; 32.30 (v) a complete gap analysis that includes identification of 32.31 gaps, omissions, and redundancies in the collection and 32.32 dissemination of criminal justice information in the requesting 32.33 agency's jurisdiction; 32.34 (vi) an assessment of current and alternative directions 32.35 for business practices, applications, and technology, ranging 32.36 from simple modifications to complete redesign; 33.1 (vii) a business process redesign model, showing existing 33.2 and redesigned process and process vision, future performance 33.3 targets, design principles, new process flow, and benefits; and 33.4 (viii) a long-range integration plan that includes time 33.5 frames for the retirement, renewal, or redevelopment of systems 33.6 and applications identified in clauses (i) to (vii) along with 33.7 justification based on age, business processes not supported, 33.8 and data deficiencies; 33.9 (7) projected timelines for developing and implementing the 33.10 plan; 33.11 (8) a preliminary evaluation and discussion of candidate 33.12 solutions and outcomes; 33.13 (9) an estimate of the resources needed to develop, 33.14 implement, operate, and maintain the integration plan and 33.15 resulting systems, including, but not limited to, financial, 33.16 personnel, technology, and training resources; 33.17 (10) a statement that the final integration plan will 33.18 contain all the components in this subdivision in final form 33.19 rather than as estimates or projections; 33.20 (11) an identification of how the applicant will satisfy 33.21 the match requirements of subdivision 8; and 33.22 (12) any other matters the policy group deems necessary for 33.23 successful development or implementation of the integration plan 33.24 and resulting systems. 33.25 (b) An agency may submit an interim integration plan to the 33.26 policy group if it identifies high priority integration tasks 33.27 during the development of the integration plan. The interim 33.28 plan shall identify the tasks and the business case for 33.29 completing these tasks in advance of completing the entire plan. 33.30 Sec. 23. Minnesota Statutes 1998, section 299C.65, is 33.31 amended by adding a subdivision to read: 33.32 Subd. 7. [IMPLEMENTATION OF INTEGRATION PLAN.] If the 33.33 request is for funds to implement an integration plan, the 33.34 requesting agency must submit the following to the policy group: 33.35 (1) an integration plan containing the components described 33.36 in subdivision 6; 34.1 (2) a description of how implementation of the integration 34.2 plan will improve operation of the criminal justice system in 34.3 the requesting agency's jurisdiction; 34.4 (3) an identification of how the applicant will satisfy the 34.5 match requirement in subdivision 8; and 34.6 (4) a means for evaluating outcomes of the plan's 34.7 implementation. 34.8 Sec. 24. Minnesota Statutes 1998, section 299C.65, is 34.9 amended by adding a subdivision to read: 34.10 Subd. 8. [LOCAL MATCH.] The policy group may approve 34.11 grants only if the applicant provides matching funds to pay 34.12 one-half of the costs of developing or implementing the 34.13 integration plan. The policy group shall adopt policies 34.14 concerning the use of in kind resources to satisfy a portion of 34.15 the match requirement and the sources from which matching funds 34.16 may be obtained. 34.17 Sec. 25. Minnesota Statutes 1998, section 299C.65, is 34.18 amended by adding a subdivision to read: 34.19 Subd. 9. [DOCUMENTATION AND REPORTING REQUIREMENTS.] Every 34.20 recipient of matching funds to develop or implement an 34.21 integration plan shall submit to the policy group all requested 34.22 documentation, including final plans and a report evaluating 34.23 whether and how the development or implementation of the 34.24 integration plan improved the operation of the criminal justice 34.25 system in the requesting agency's jurisdiction. The policy 34.26 group shall establish the recipient's reporting dates at the 34.27 time funds are awarded. 34.28 Sec. 26. [299L.09] [LIQUOR LAW COMPLIANCE CHECK GRANT 34.29 PROGRAM.] 34.30 The commissioner may award grants to local units of 34.31 government to conduct compliance checks for on-sale and off-sale 34.32 intoxicating liquor license holders. The compliance checks must 34.33 determine whether the license holder is complying with section 34.34 340A.503. To qualify for a grant under this section, a local 34.35 unit of government must conduct at least one compliance check a 34.36 year for each license holder in its jurisdiction. By December 1 35.1 of each year, grant recipients shall report to the commissioner 35.2 on how grant money was used, including information on compliance 35.3 checks conducted in the preceding 12 months. 35.4 Sec. 27. [REGIONAL ADULT DETENTION FACILITY CONSTRUCTION 35.5 PLANNING GRANTS.] 35.6 Subdivision 1. [GRANT PROGRAM ESTABLISHED; CONTENTS OF 35.7 REQUIRED PLANS.] The supreme court, through the state court 35.8 administrator, shall make grants under this section to judicial 35.9 districts, or groups of two or more counties, to plan the 35.10 construction of regional adult detention facilities. Grant 35.11 recipients shall use the money to develop a plan that, at a 35.12 minimum, must include the following items related to the 35.13 facility, if known: its location, its inmate capacity, any 35.14 services to be offered to inmates, its construction costs, its 35.15 per diem and operating costs, and its number of beds, if any, 35.16 that will be available for use by counties or other entities 35.17 outside the judicial district. If the amount of the grant 35.18 permits, the recipient shall conduct a predesign study for the 35.19 proposed facility. 35.20 Subd. 2. [GRANT DISTRIBUTION.] The state court 35.21 administrator shall distribute grants equitably across the state 35.22 so that the planning needs of each judicial district for 35.23 construction of regional adult detention facilities are 35.24 addressed. The state court administrator shall award grants and 35.25 determine the amount of grants in a manner that attempts to 35.26 bring judicial districts across the state to a uniform level of 35.27 planning for the construction of regional adult detention 35.28 facilities. To further this goal, if the state court 35.29 administrator determines that the planning contemplated by this 35.30 section has already been conducted for a judicial district, the 35.31 administrator shall increase the amount of grants to recipients 35.32 from districts not as far advanced in the planning process to 35.33 bring these districts up to the level of the districts that have 35.34 conducted planning. 35.35 Subd. 3. [REPORT REQUIRED.] (a) By January 15, 2000, the 35.36 state court administrator shall report to the chairs and ranking 36.1 minority members of the senate and house committees or divisions 36.2 having jurisdiction over criminal justice funding on grants made 36.3 pursuant to this section. 36.4 (b) By January 15, 2000, recipients of grants shall forward 36.5 the plans funded by the grant to the chairs and ranking minority 36.6 members of the senate and house committees or divisions having 36.7 jurisdiction over criminal justice funding. 36.8 Sec. 28. [HENNEPIN COUNTY COMMUNITY SERVICE GRANT PROGRAM 36.9 PILOT PROJECT.] 36.10 Subdivision 1. [GRANT PROGRAM.] Hennepin county shall 36.11 establish and administer a pilot project grant program to fund 36.12 community-based programs in high-crime areas that provide 36.13 opportunities for children under age 16 to volunteer for and 36.14 perform community service. Programs qualifying for grants must 36.15 encourage responsibility and good citizenship on the part of 36.16 participating children and discourage them from engaging in 36.17 illegal activities or associating with criminal gangs. Programs 36.18 receiving grants may provide children who perform community 36.19 service with appropriate nonmonetary rewards including, but not 36.20 limited to, partial scholarships for post-secondary education, 36.21 gift certificates, tickets for entertainment, parties, and group 36.22 outings. 36.23 Subd. 2. [ELIGIBILITY CRITERIA.] Hennepin county shall 36.24 establish criteria for determining the community-based programs 36.25 eligible for grants under subdivision 1. Eligible programs must: 36.26 (1) have a broad network of established economic and social 36.27 relationships within the community and with local governmental 36.28 units; 36.29 (2) represent a broad range of diversity; 36.30 (3) have demonstrated an ability to administer 36.31 community-based programs and have a history of successful 36.32 community organizing; 36.33 (4) have a proven history of properly supervising and 36.34 successfully interacting with juveniles; and 36.35 (5) have demonstrated an ability to work with parents of 36.36 juveniles and schools. 37.1 Subd. 3. [REPORT REQUIRED.] By January 15, 2002, Hennepin 37.2 county shall submit a detailed report to the chairs and ranking 37.3 minority members of the senate and house committees and 37.4 divisions having jurisdiction over criminal justice funding on 37.5 grants made under this subdivision, including information on how 37.6 the grant recipients used the money. 37.7 Sec. 29. [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 37.8 TO CRIME VICTIMS AND WITNESSES.] 37.9 Subdivision 1. [PROGRAM ESTABLISHED.] The executive 37.10 director of the center for crime victim services shall 37.11 administer a pilot project grant program and make grants to 37.12 nonprofit organizations to provide neighborhood-based services 37.13 to victims and witnesses of crime during the period between the 37.14 occurrence of the crime and the filing of charges against the 37.15 alleged perpetrator. Grant recipients must target victims and 37.16 witnesses of crime from groups that currently underreport crime, 37.17 including recent immigrants or refugees, communities of color, 37.18 and victims of bias-motivated crime. Services must be provided 37.19 in locations and at times typically convenient to prospective 37.20 clients. The types of services that may be offered by grant 37.21 recipients are those that attempt to address the lack of trust 37.22 and understanding that prospective clients have of the criminal 37.23 justice system and include legal advice and advocacy services. 37.24 The executive director shall ensure that grants under this 37.25 section fund pilot projects offering the described services in 37.26 at least five locations throughout the state. 37.27 Subd. 2. [REQUIRED REPORT.] By January 15, 2002, the 37.28 executive director shall report to the chairs and ranking 37.29 minority members of the senate and house committees and 37.30 divisions having jurisdiction over criminal justice funding on 37.31 the grants made and pilot projects funded under this section. 37.32 Sec. 30. [KID CARE PILOT PROJECT GRANT PROGRAM.] 37.33 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The 37.34 commissioner of economic security shall administer a two-year 37.35 pilot project grant program to improve the provision of 37.36 instruction in child care services to at-risk youth. The 38.1 commissioner shall award grants to local units of a 38.2 congressionally chartered national private nonprofit 38.3 humanitarian organization that provides relief to victims of 38.4 disasters and helps people prevent, prepare for, and respond to 38.5 emergencies. At least one of the pilot program sites must be 38.6 located in the seven-county metropolitan area and at least one 38.7 must be located outside the seven-county metropolitan area. 38.8 Subd. 2. [GRANT PROGRAM DESCRIBED.] Grant recipients shall 38.9 recruit and coordinate the efforts of community-based 38.10 organizations to promote, recruit, and train young people who 38.11 are caring for youths at risk of injury, death, criminal or 38.12 antisocial behavior, or other harm due to a lack of proper 38.13 supervision and care. Grant recipients shall train the staffs 38.14 of these organizations so that they, in turn, may train child 38.15 care providers. In addition to issues related to proper child 38.16 care, the training provided to providers must emphasize core 38.17 life skills. 38.18 Subd. 3. [REQUIRED REPORT.] By January 15, 2002, the 38.19 commissioner shall report to the chairs and ranking minority 38.20 members of the senate and house of representatives committees or 38.21 divisions having jurisdiction over criminal justice funding on 38.22 grants awarded under this section. 38.23 Sec. 31. [PILOT PROJECT FOR COMMUNITY JUSTICE ZONE IN 38.24 DAKOTA COUNTY.] 38.25 Subdivision 1. [PILOT PROJECT ESTABLISHED.] Dakota county 38.26 is authorized to establish a community justice zone pilot 38.27 project that includes the redesign of juvenile court. 38.28 Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota 38.29 county shall select two or three communities within Dakota 38.30 county as sites for the pilot project. Within each community 38.31 selected, the Dakota county juvenile court and the department of 38.32 community corrections shall identify organizations to serve as 38.33 partners in the redesign of juvenile court and development of 38.34 community justice zones. The partner organizations shall 38.35 include schools, social service agencies, law enforcement 38.36 agencies, city officials, housing representatives, community 39.1 groups, and faith communities. The juvenile court and 39.2 department of community corrections shall meet with 39.3 representatives of the partner organizations to identify common 39.4 values and to adopt an action plan. The action plan may 39.5 include, but not be limited to, any or all of the following: 39.6 (1) community forums with criminal justice system 39.7 representatives; 39.8 (2) community notification and involvement in prison 39.9 release cases; 39.10 (3) development of a criminal justice team with a community 39.11 prosecutor, local police officers, and probation officers; 39.12 (4) a prosecutor outreach program in designated community 39.13 schools; 39.14 (5) support circles for supervised release offenders; 39.15 (6) probation and police teams; 39.16 (7) expansion of circle sentencing and development of 39.17 guidelines for circle sentencing; 39.18 (8) probation officers working out of police stations; 39.19 (9) peace officer and probation officer ride-along 39.20 programs; 39.21 (10) expansion of school-based probation; and 39.22 (11) crime prevention outreach through local cable 39.23 television and other media outlets. 39.24 Subd. 3. [REPORT.] The Dakota county community corrections 39.25 department with the Dakota county juvenile court shall report to 39.26 the house and senate committees responsible for criminal justice 39.27 policy by January 15, 2001, with an evaluation of the project 39.28 and recommendations for implementation in other jurisdictions. 39.29 Sec. 32. [RESIDENTIAL PROGRAMS FOR WOMEN LEAVING 39.30 PROSTITUTION; GRANT.] 39.31 Subdivision 1. [GRANT AUTHORIZED.] The commissioner of 39.32 public safety shall award a grant to a nonprofit organization to 39.33 develop and administer a residential program for women leaving 39.34 prostitution. The commissioner shall award a grant to a 39.35 nonprofit organization that can demonstrate a 25 percent funding 39.36 match. The funding match may come from local or federal 40.1 sources, the nonprofit organization, or any other source. 40.2 Residential program services include, but are not limited to, 40.3 chemical dependency services, sexual trauma mental health 40.4 services, and independent living skills preparation, including 40.5 living skills development and coordination of community 40.6 resources for personal and family stability and success. 40.7 Subd. 2. [GRANT ADMINISTRATION.] The commissioner shall 40.8 develop a process for administering the grant, including 40.9 criteria for the grant. The commissioner shall issue a request 40.10 for proposals for a grant under subdivision 1. The request must 40.11 be designed to obtain detailed information about the applicant 40.12 and other information the commissioner considers necessary to 40.13 evaluate and select a grant recipient. The applicant shall 40.14 submit a proposal grant on a form and in a manner prescribed by 40.15 the commissioner. 40.16 Sec. 33. [BUREAU OF CRIMINAL APPREHENSION, BEMIDJI 40.17 SATELLITE LABORATORY FACILITY.] 40.18 Subdivision 1. [LEASE-PURCHASE AGREEMENT.] The 40.19 commissioner of administration and the city of Bemidji may enter 40.20 into a lease-purchase agreement providing for the state to 40.21 acquire a northern satellite laboratory facility for the bureau 40.22 of criminal apprehension in the city of Bemidji, for which 40.23 predesign money was appropriated in Laws 1998, chapter 404, 40.24 section 13, subdivision 11. The lease-purchase agreement is 40.25 subject to the following terms: 40.26 (1) the term of the lease must not exceed 20 years; and 40.27 (2) the lease-purchase agreement must provide the 40.28 commissioner of administration with a unilateral right to 40.29 purchase the satellite laboratory facility from the city of 40.30 Bemidji at the end of the lease term. 40.31 Subd. 2. [CONSTRUCTION OF FACILITY.] The city of Bemidji 40.32 may acquire the necessary site and construct, or cause to be 40.33 constructed, the satellite laboratory facility in accordance 40.34 with the lease-purchase agreement authorized in subdivision 1. 40.35 The city of Bemidji may use a design-build method of project 40.36 development and construction for the facility and may award a 41.1 design-build contract on the basis of requests for proposals or 41.2 requests for qualifications, without bids. The city of Bemidji 41.3 may issue revenue bonds to finance site acquisition and 41.4 construction of the satellite laboratory facility under 41.5 Minnesota Statutes, chapter 475, provided that the bonds are 41.6 deemed to be payable wholly from the proceeds of a revenue 41.7 producing convenience for all purposes of Minnesota Statutes, 41.8 chapter 475. 41.9 Sec. 34. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT.] 41.10 Subdivision 1. [PILOT PROJECT AUTHORIZED; PURPOSE.] The 41.11 fourth judicial district may establish a domestic fatality 41.12 review team as a 30-month pilot project to review domestic 41.13 violence deaths that have occurred in the district. The purpose 41.14 of the review team is to assess domestic violence deaths in 41.15 order to develop recommendations for policies and protocols for 41.16 community prevention and intervention initiatives to reduce and 41.17 eliminate the incidence of domestic violence and resulting 41.18 fatalities. 41.19 Subd. 2. [DEFINITION OF DOMESTIC VIOLENCE 41.20 DEATH.] "Domestic violence death" means a homicide or suicide 41.21 under any of the following circumstances: 41.22 (1) the alleged perpetrator and victim resided together at 41.23 any time; 41.24 (2) the alleged perpetrator and victim have a child in 41.25 common, regardless of whether they were married or lived 41.26 together at any time; 41.27 (3) the alleged perpetrator and victim were married, 41.28 separated, or divorced; 41.29 (4) the alleged perpetrator and victim had a sexual 41.30 relationship or a significant romantic relationship; 41.31 (5) the alleged perpetrator had been stalking the victim; 41.32 (6) the homicide victim lived in the same household, was 41.33 present in the workplace of, was in proximity of, or was related 41.34 by blood or affinity to a victim who experienced or was 41.35 threatened with domestic abuse by the alleged perpetrator; 41.36 (7) the victim or the perpetrator was a child of a person 42.1 in a relationship that is described within this definition; or 42.2 (8) any other circumstances that the domestic fatality 42.3 review team decides falls within the parameters of its mission. 42.4 "Domestic violence death" must be interpreted broadly to 42.5 give the domestic fatality review team discretion to review 42.6 fatalities that have occurred both directly and peripherally to 42.7 domestic relationships. 42.8 Subd. 3. [MEMBERSHIP.] (a) The chief judge, in 42.9 consultation with the family violence coordinating council, 42.10 shall appoint the members of the domestic fatality review team. 42.11 Membership must reflect a commitment to diversity and relevant 42.12 professional experience. The review team members must include: 42.13 (1) the medical examiner; 42.14 (2) a judicial court officer (judge or referee); 42.15 (3) a county and city attorney and a public defender; 42.16 (4) the county sheriff and a peace officer; 42.17 (5) a representative from family court services and the 42.18 department of corrections; 42.19 (6) a physician familiar with domestic violence issues; 42.20 (7) a representative from district court administration and 42.21 the domestic abuse service center; 42.22 (8) a public citizen representative or a representative 42.23 from a civic organization; 42.24 (9) a mental health professional; and 42.25 (10) domestic violence advocates or shelter workers. 42.26 (b) There must be at least three domestic violence 42.27 advocates or shelter workers on the domestic fatality review 42.28 team. No two members may represent the same agency. Members 42.29 representing advocates or shelters must be selected by the 42.30 advocacy community. At least one position must be designated 42.31 for a minority representative and one position must rotate in 42.32 order to include an advocate from the community in which the 42.33 fatality under review took place. 42.34 (c) The domestic fatality review team may also invite other 42.35 relevant persons to serve on an ad hoc basis and participate as 42.36 full members of the review team for a particular review. These 43.1 persons may include, but are not limited to: 43.2 (1) individuals with particular expertise that would be 43.3 helpful to the review panel; or 43.4 (2) representatives of organizations or agencies that had 43.5 contact with or provided services to the homicide victim, or to 43.6 the alleged perpetrator, a victim who experienced or was 43.7 threatened with domestic abuse by the alleged perpetrator, or a 43.8 family member of one of those individuals. 43.9 Subd. 4. [EVALUATION AND REPORT.] (a) The domestic 43.10 fatality review team shall develop a system for evaluating the 43.11 effectiveness of its program and shall focus on identifiable 43.12 goals and outcomes. An evaluation must include data components 43.13 as well as input from individuals involved in the review process. 43.14 (b) The domestic fatality review team shall issue two 43.15 annual reports to the legislature during the pilot project; one 43.16 on or before December 31, 2000, and one on or before December 43.17 31, 2001. The reports must consist of the written aggregate 43.18 recommendations of the domestic fatality review team without 43.19 reference to specific cases. The December 31, 2001, report must 43.20 include recommendations for legislation. The reports must be 43.21 available upon request and distributed to the governor, attorney 43.22 general, supreme court, county board, and district court. 43.23 Sec. 35. [INSTRUCTION TO REVISOR.] 43.24 The revisor of statutes shall renumber each section of 43.25 Minnesota Statutes listed in column A with the number listed in 43.26 column B. The revisor shall also make necessary cross-reference 43.27 changes consistent with the renumbering. 43.28 Column A Column B 43.29 119A.25 299A.281 43.30 119A.26 299A.282 43.31 119A.27 299A.283 43.32 119A.28 299A.284 43.33 119A.29 299A.285 43.34 119A.31 299A.286 43.35 119A.32 299A.287 43.36 119A.33 299A.288 44.1 119A.34 299A.289 44.2 Sec. 36. [REPEALER.] 44.3 Minnesota Statutes 1998, section 119A.04, subdivision 5, is 44.4 repealed. 44.5 Sec. 37. [EFFECTIVE DATE.] 44.6 Sections 11 and 12 are effective the day following final 44.7 enactment. 44.8 ARTICLE 3 44.9 GENERAL CRIMINAL PROVISIONS 44.10 Section 1. Minnesota Statutes 1998, section 169.121, 44.11 subdivision 3, is amended to read: 44.12 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section: 44.13 (1) "Prior impaired driving conviction" means a prior 44.14 conviction under: 44.15 (i) this section; Minnesota Statutes 1996, section 84.91, 44.16 subdivision 1, paragraph (a), or 86B.331, subdivision 1, 44.17 paragraph (a); section 169.1211; section 169.129; or section 44.18 360.0752; 44.19 (ii) section 609.21, subdivision 1, clauses (2) to (6); 44.20 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 44.21 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 44.22 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 44.23 (iii) an ordinance from this state, or a statute or 44.24 ordinance from another state, in conformity with any provision 44.25 listed in item (i) or (ii). 44.26 A prior impaired driving conviction also includes a prior 44.27 juvenile adjudication that would have been a prior impaired 44.28 driving conviction if committed by an adult. 44.29 (2) "Prior license revocation" means a driver's license 44.30 suspension, revocation, cancellation, denial, or 44.31 disqualification under: 44.32 (i) this section or section 169.1211, 169.123, 171.04, 44.33 171.14, 171.16, 171.165, 171.17, or 171.18 because of an 44.34 alcohol-related incident; 44.35 (ii) section 609.21, subdivision 1, clauses (2) to (6); 44.36 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 45.1 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 45.2 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 45.3 (iii) an ordinance from this state, or a statute or 45.4 ordinance from another state, in conformity with any provision 45.5 listed in item (i) or (ii). 45.6 "Prior license revocation" also means the revocation of 45.7 snowmobile or all-terrain vehicle operating privileges under 45.8 section 84.911, or motorboat operating privileges under section 45.9 86B.335, for violations that occurred on or after August 1, 1995. 45.10 (b) A person who violates subdivision 1, clause (a), (b), 45.11 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 45.12 in conformity with any of them, is guilty of a misdemeanor. 45.13 (c) A person is guilty of a gross misdemeanor under any of 45.14 the following circumstances: 45.15 (1) the person violates subdivision 1, clause (f); 45.16 (2) the person violates subdivision 1, clause (a), (b), 45.17 (c), (d), (e), (g), or (h), or subdivision 1a, within five years 45.18 of a prior impaired driving conviction or a prior license 45.19 revocation; 45.20 (3) the person violates section 169.26 while in violation 45.21 of subdivision 1; or 45.22 (4) the person violates subdivision 1 or 1a while a child 45.23 under the age of 16 is in the vehicle, if the child is more than 45.24 36 months younger than the violator. 45.25 A person convicted of a gross misdemeanor under this 45.26 paragraph is subject to the mandatory penalties provided in 45.27 subdivisionsubdivisions 3d and 3g. 45.28 (d) A person is guilty of an enhanced gross misdemeanor 45.29 under any of the following circumstances: 45.30 (1) the person violates subdivision 1, clause (f), or 45.31 commits a violation described in paragraph (c), clause (3) or 45.32 (4), within ten years of one or more prior impaired driving 45.33 convictions or prior license revocations; 45.34 (2) the person violates subdivision 1, clause (a), (b), 45.35 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 45.36 of the first of two or more prior impaired driving convictions, 46.1 two or more prior license revocations, or any combination of two 46.2 or more prior impaired driving convictions and prior license 46.3 revocations, based on separate incidents. 46.4 A person convicted of an enhanced gross misdemeanor under 46.5 this paragraph may be sentenced to imprisonment in a local 46.6 correctional facility for not more than two years or to payment 46.7 of a fine of not more than $3,000, or both. Additionally, the 46.8 person is subject to the applicable mandatory penalties provided 46.9 in subdivisionsubdivisions 3e and 3g. 46.10 (e) The court shall notify a person convicted of violating 46.11 subdivision 1 or 1a that the registration plates of the person's 46.12 motor vehicle may be impounded under section 168.042 and the 46.13 vehicle may be subject to forfeiture under section 169.1217 upon 46.14 a subsequent conviction for violating this section, section 46.15 169.129, or section 171.24, or a subsequent license revocation 46.16 under section 169.123. The notice must describe the conduct and 46.17 the time periods within which the conduct must occur in order to 46.18 result in plate impoundment or forfeiture. The failure of the 46.19 court to provide this information does not affect the 46.20 applicability of the plate impoundment or the forfeiture 46.21 provision to that person. 46.22 (f) The attorney in the jurisdiction in which the violation 46.23 occurred who is responsible for prosecution of misdemeanor 46.24 violations of this section shall also be responsible for 46.25 prosecution of gross misdemeanor and enhanced gross misdemeanor 46.26 violations of this section. 46.27 (g) The court must impose consecutive sentences when it 46.28 sentences a person for a violation of this section or section 46.29 169.129 arising out of separate behavioral incidents. The court 46.30 also must impose a consecutive sentence when it sentences a 46.31 person for a violation of this section or section 169.129 and 46.32 the person, at the time of sentencing, is on probation for, or 46.33 serving, an executed sentence for a violation of this section or 46.34 section 169.129 and the prior sentence involved a separate 46.35 behavioral incident. The court also may order that the sentence 46.36 imposed for a violation of this section or section 169.129 shall 47.1 run consecutively to a previously imposed misdemeanor, gross 47.2 misdemeanor or felony sentence for a violation other than this 47.3 section or section 169.129. 47.4 (h) When the court stays the sentence of a person convicted 47.5 under this section, the length of the stay is governed by 47.6 section 609.135, subdivision 2. 47.7 (i) The court may impose consecutive sentences for offenses 47.8 arising out of a single course of conduct as permitted in 47.9 section 609.035, subdivision 2. 47.10 (j) The court shall impose consecutive sentences for a 47.11 violation of this section or section 169.129 and an offense 47.12 listed in section 609.035, subdivision 2, paragraph (f), arising 47.13 out of the same course of conduct, if required by section 47.14 609.035, subdivision 2, paragraph (g). 47.15 (k) When an attorney responsible for prosecuting gross 47.16 misdemeanors or enhanced gross misdemeanors under this section 47.17 requests criminal history information relating to prior impaired 47.18 driving convictions from a court, the court must furnish the 47.19 information without charge. 47.20 (k)(l) A violation of subdivision 1a may be prosecuted 47.21 either in the jurisdiction where the arresting officer observed 47.22 the defendant driving, operating, or in control of the motor 47.23 vehicle or in the jurisdiction where the refusal occurred. 47.24 Sec. 2. Minnesota Statutes 1998, section 169.121, 47.25 subdivision 3e, is amended to read: 47.26 Subd. 3e. [ENHANCED GROSS MISDEMEANOR; MANDATORY 47.27 PENALTIES.] (a) The mandatory penalties in this subdivision 47.28 apply to persons who are convicted of an enhanced gross 47.29 misdemeanor under subdivision 3, paragraph (d), or section 47.30 169.129. Notwithstanding section 609.135, these penalties must 47.31 be imposed and executed. 47.32 (b) A person who is convicted of an enhanced gross 47.33 misdemeanor under the circumstances described in subdivision 3, 47.34 paragraph (d), clause (1), shall be sentenced as follows: 47.35 (1) if the person has one prior impaired driving conviction 47.36 or one prior license revocation within the past ten years, the 48.1 person must be sentenced to either (i) a minimum of 90 days of 48.2 incarceration, at least 30 days of which must be served 48.3 consecutively in a local correctional facility, or (ii) a 48.4 program of intensive supervision of the type described in 48.5 section 169.1265 that requires the person to consecutively serve 48.6 at least six days in a local correctional facility. The court 48.7 may order that the person serve not more than 60 days of the 48.8 minimum penalty under item (i) on home detention or in an 48.9 intensive probation program described in section 169.1265; 48.10 (2) if the person has two prior impaired driving 48.11 convictions, two prior license revocations, or a combination of 48.12 the two based on separate incidents, within the past ten years, 48.13 the person must be sentenced to either (i) a minimum of 180 days 48.14 of incarceration, at least 30 days of which must be served 48.15 consecutively in a local correctional facility, or (ii) a 48.16 program of intensive supervision of the type described in 48.17 section 169.1265 that requires the person to consecutively serve 48.18 at least six days in a local correctional facility. The court 48.19 may order that the person serve not more than 150 days of the 48.20 minimum penalty under item (i) on home detention or in an 48.21 intensive probation program described in section 169.1265; or 48.22 (3) if the person has three prior impaired driving 48.23 convictions, three prior license revocations, or a combination 48.24 of the two based on separate incidents, within the past 15 48.25 years, or four or moreprior impaired driving convictions, four 48.26 prior license revocations, or a combination of the two based on 48.27 separate incidents, within the person's lifetime, the person 48.28 must be sentenced to either (i) a minimum of one year of 48.29 incarceration, at least 60 days of which must be served 48.30 consecutively in a local correctional facility, or (ii) a 48.31 program of intensive supervision of the type described in 48.32 section 169.1265 that requires the person to consecutively serve 48.33 at least six days in a local correctional facility. The court 48.34 may order that the person serve the remainder of the minimum 48.35 penalty under item (i) on intensive probation using an 48.36 electronic monitoring system or, if such a system is 49.1 unavailable, on home detention. 49.2 (c) A person who is convicted of an enhanced gross 49.3 misdemeanor under the circumstances described in subdivision 3, 49.4 paragraph (d), clause (2), or under section 169.129, shall be 49.5 sentenced as follows: 49.6 (1) if the person has two prior impaired driving 49.7 convictions, two prior license revocations, or a combination of 49.8 the two based on separate incidents, within the past ten years, 49.9 the person must be sentenced to either (i) a minimum of 90 days 49.10 incarceration, at least 30 days of which must be served 49.11 consecutively in a local correctional facility, or (ii) a 49.12 program of intensive supervision of the type described in 49.13 section 169.1265 that requires the person to consecutively serve 49.14 at least six days in a local correctional facility. The court 49.15 may order that the person serve not more than 60 days of the 49.16 minimum penalty under item (i) on home detention or in an 49.17 intensive probation program described in section 169.1265; 49.18 (2) if the person has three prior impaired driving 49.19 convictions, three prior license revocations, or a combination 49.20 of the two based on separate incidents, within the past ten 49.21 years, the person must be sentenced to either (i) a minimum of 49.22 180 days of incarceration, at least 30 days of which must be 49.23 served consecutively in a local correctional facility, or (ii) a 49.24 program of intensive supervision of the type described in 49.25 section 169.1265 that requires the person to consecutively serve 49.26 at least six days in a local correctional facility. The court 49.27 may order that the person serve not more than 150 days of the 49.28 minimum penalty under item (i) on home detention or in an 49.29 intensive probation program described in section 169.1265; or 49.30 (3) if the person has four prior impaired driving 49.31 convictions, four prior license revocations, or a combination of 49.32 the two based on separate incidents, within the past 15 years ;49.33 or has five or more prior impaired driving convictions, five or49.34 more prior license revocations, or a combination of the two,49.35 within the person's lifetime; then, the person must be sentenced 49.36 to either (i) a minimum of one year of incarceration, at least 50.1 60 days of which must be served consecutively in a local 50.2 correctional facility, or (ii) a program of intensive 50.3 supervision of the type described in section 169.1265 that 50.4 requires the person to consecutively serve at least six days in 50.5 a local correctional facility. The court may order that the 50.6 person serve the remainder of the minimum penalty under item (i) 50.7 on intensive probation using an electronic monitoring system or, 50.8 if such a system is unavailable, on home detention. 50.9 Sec. 3. Minnesota Statutes 1998, section 169.121, is 50.10 amended by adding a subdivision to read: 50.11 Subd. 3g. [MANDATORY SENTENCE TO WORK PROGRAM.] (a) When a 50.12 court is sentencing a person for a violation of this section or 50.13 section 169.129, and the person has five or more prior impaired 50.14 driving convictions, five or more prior license revocations, or 50.15 a combination of the two based on separate incidents, within the 50.16 person's lifetime, the court shall sentence the person to serve 50.17 12 months at the work program described in section 241.2775. 50.18 (b) If the court is sentencing a person described in 50.19 paragraph (a), and the court is also imposing a consecutive 50.20 sentence for another offense, the court shall sentence the 50.21 person to serve no less than 12 months and no more than the 50.22 statutory maximum for the offenses at the work program. 50.23 (c) The court shall inform a person sentenced under this 50.24 subdivision that good time is not earned while at the work 50.25 program. However, the failure of the court to provide this 50.26 information does not affect the nonapplicability of good time. 50.27 (d) Notwithstanding section 609.135, the sentence to the 50.28 work program described in this subdivision must be imposed and 50.29 executed. 50.30 (e) If the work program is full at the time of sentencing, 50.31 the court shall sentence the person to an alternative 50.32 disposition that includes a sanction of equivalent or greater 50.33 severity as the work program. 50.34 Sec. 4. Minnesota Statutes 1998, section 169.121, is 50.35 amended by adding a subdivision to read: 50.36 Subd. 3h. [PERMISSIVE SENTENCE TO WORK PROGRAM.] (a) When 51.1 a court is sentencing a person for a violation of this section 51.2 or section 169.129, and the person has four prior impaired 51.3 driving convictions, four prior license revocations, or a 51.4 combination of the two based on separate incidents, within the 51.5 person's lifetime, the court may sentence the person to the work 51.6 program described in section 241.2775 for any period up to the 51.7 statutory maximum for the offense. 51.8 (b) The court shall inform the person that good time is not 51.9 earned while at the work program. However, the failure of the 51.10 court to provide this information does not affect the 51.11 nonapplicability of good time. 51.12 Sec. 5. Minnesota Statutes 1998, section 169.129, 51.13 subdivision 2, is amended to read: 51.14 Subd. 2. [PENALTIES.] (a) Except as otherwise provided in 51.15 paragraph (b), a person who violates subdivision 1 is guilty of 51.16 a gross misdemeanor. A person convicted of a gross misdemeanor 51.17 under this paragraph is subject to the mandatory penalties 51.18 provided in section 169.121, subdivisions 3d and 3g. 51.19 (b) A person is guilty of an enhanced gross misdemeanor and 51.20 may be sentenced to imprisonment in a local correctional 51.21 facility for not more than two years or to payment of a fine of 51.22 not more than $3,000, or both, if the person violates 51.23 subdivision 1 and the person's driver's license or driving 51.24 privilege has been suspended, revoked, canceled, denied, or 51.25 disqualified two or more times within the past ten years under 51.26 any of the statutes listed in subdivision 1. A person convicted 51.27 of an enhanced gross misdemeanor under this paragraph is subject 51.28 to the applicable mandatory penalties provided in section 51.29 169.121, subdivision 3dsubdivisions 3e and 3g. 51.30 (c) The court shall impose consecutive sentences for a 51.31 violation of this section and an offense listed in section 51.32 609.035, subdivision 2, paragraph (f), arising out of the same 51.33 course of conduct, if required by section 609.035, subdivision 51.34 2, paragraph (g). 51.35 Sec. 6. Minnesota Statutes 1998, section 340A.703, is 51.36 amended to read: 52.1 340A.703 [MISDEMEANORS.] 52.2 Where no other penalty is specified a violation of any 52.3 provision of this chapter is a misdemeanor. A minimum fine of 52.4 $100 must be assessed against a person under the age of 21 years 52.5 who violates section 340A.503. 52.6 Sec. 7. Minnesota Statutes 1998, section 609.035, 52.7 subdivision 1, is amended to read: 52.8 Subdivision 1. Except as provided in subdivisions 2, 3, 52.9 and4, and 5, and in sections 609.251, 609.585, 609.21, 52.10 subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 52.11 if a person's conduct constitutes more than one offense under 52.12 the laws of this state, the person may be punished for only one 52.13 of the offenses and a conviction or acquittal of any one of them 52.14 is a bar to prosecution for any other of them. All the 52.15 offenses, if prosecuted, shall be included in one prosecution 52.16 which shall be stated in separate counts. 52.17 Sec. 8. Minnesota Statutes 1998, section 609.035, 52.18 subdivision 2, is amended to read: 52.19 Subd. 2. (a) When a person is being sentenced for a 52.20 violation of a provision listed in paragraph (f), the court may 52.21 sentence the person to a consecutive term of imprisonment for a 52.22 violation of any other provision listed in paragraph (f), 52.23 notwithstanding the fact that the offenses arose out of the same 52.24 course of conduct, subject to the limitation on consecutive 52.25 sentences contained in section 609.15, subdivision 2, and except 52.26 as provided in paragraphs (b), (c), and(d), and (g) of this 52.27 subdivision. 52.28 (b) When a person is being sentenced for a violation of 52.29 section 169.129 the court may not impose a consecutive sentence 52.30 for a violation of a provision of section 169.121, subdivision 52.31 1, or for a violation of a provision of section 171.20, 171.24, 52.32 or 171.30. 52.33 (c) When a person is being sentenced for a violation of 52.34 section 171.20, 171.24, or 171.30, the court may not impose a 52.35 consecutive sentence for another violation of a provision in 52.36 chapter 171. 53.1 (d) When a person is being sentenced for a violation of 53.2 section 169.791 or 169.797, the court may not impose a 53.3 consecutive sentence for another violation of a provision of 53.4 sections 169.79 to 169.7995. 53.5 (e) This subdivision does not limit the authority of the 53.6 court to impose consecutive sentences for crimes arising on 53.7 different dates or to impose a consecutive sentence when a 53.8 person is being sentenced for a crime and is also in violation 53.9 of the conditions of a stayed or otherwise deferred sentence 53.10 under section 609.135. 53.11 (f) This subdivision applies to misdemeanor and gross 53.12 misdemeanor violations of the following if the offender has two 53.13 or more prior impaired driving convictions as defined in section 53.14 169.121, subdivision 3: 53.15 (1) section 169.121, subdivision 1, driving while 53.16 intoxicated; 53.17 (2) section 169.121, subdivision 1a, testing refusal; 53.18 (3) section 169.129, aggravated driving while intoxicated; 53.19 (4) section 169.791, failure to provide proof of insurance; 53.20 (5) section 169.797, failure to provide vehicle insurance; 53.21 (6) section 171.20, subdivision 2, operation after 53.22 revocation, suspension, cancellation, or disqualification; 53.23 (7) section 171.24, driving without valid license; 53.24 (8) section 171.30, violation of condition of limited 53.25 license ; and53.26 (9) section 609.487, fleeing a peace officer. 53.27 (g) When a court is sentencing an offender for a violation 53.28 of section 169.121 or 169.129 and a violation of an offense 53.29 listed in paragraph (f), and the offender has five or more prior 53.30 impaired driving convictions, five or more prior license 53.31 revocations, or a combination of the two based on separate 53.32 incidents, within the person's lifetime, the court shall 53.33 sentence the offender to serve consecutive sentences for the 53.34 offenses, notwithstanding the fact that the offenses arose out 53.35 of the same course of conduct. 53.36 Sec. 9. Minnesota Statutes 1998, section 609.035, is 54.1 amended by adding a subdivision to read: 54.2 Subd. 5. [EXCEPTION; FLEEING A PEACE 54.3 OFFICER.] Notwithstanding subdivision 1, a prosecution or 54.4 conviction for violating section 609.487 is not a bar to 54.5 conviction of or punishment for any other crime committed by the 54.6 defendant as part of the same conduct. If an offender is 54.7 punished for more than one crime as authorized by this 54.8 subdivision and the court imposes consecutive sentences for the 54.9 crimes, the consecutive sentences are not a departure from the 54.10 sentencing guidelines. 54.11 Sec. 10. Minnesota Statutes 1998, section 609.135, 54.12 subdivision 2, is amended to read: 54.13 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 54.14 conviction is for a felony the stay shall be for not more than 54.15 four years or the maximum period for which the sentence of 54.16 imprisonment might have been imposed, whichever is longer. 54.17 (b) If the conviction is for an enhanced gross misdemeanor 54.18 violation of section 169.121 or 169.129, the stay shall be for 54.19 not more than six years. The court shall provide for 54.20 unsupervised probation for the last year of the stay unless the 54.21 court finds that the defendant needs supervised probation for 54.22 all or part of the last year. 54.23 (c) If the conviction is for a gross misdemeanor violation 54.24 of section 169.121 or 169.129, the stay shall be for not more 54.25 than foursix years. The court shall provide for unsupervised 54.26 probation for the last year of the stay unless the court finds 54.27 that the defendant needs supervised probation for all or part of 54.28 the last year. 54.29 (d) If the conviction is for a gross misdemeanor not 54.30 specified in paragraph (c), the stay shall be for not more than 54.31 two years. 54.32 (e) If the conviction is for any misdemeanor under section 54.33 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 54.34 misdemeanor under section 609.2242 or 609.224, subdivision 1, in 54.35 which the victim of the crime was a family or household member 54.36 as defined in section 518B.01, the stay shall be for not more 55.1 than two years. The court shall provide for unsupervised 55.2 probation for the second year of the stay unless the court finds 55.3 that the defendant needs supervised probation for all or part of 55.4 the second year. 55.5 (f) If the conviction is for a misdemeanor not specified in 55.6 paragraph (e), the stay shall be for not more than one year. 55.7 (g) The defendant shall be discharged six months after the 55.8 term of the stay expires, unless the stay has been revoked or 55.9 extended under paragraph (h), or the defendant has already been 55.10 discharged. 55.11 (h) Notwithstanding the maximum periods specified for stays 55.12 of sentences under paragraphs (a) to (g), a court may extend a 55.13 defendant's term of probation for up to one year if it finds, at 55.14 a hearing conducted under subdivision 1a, that: 55.15 (1) the defendant has not paid court-ordered restitution or 55.16 a fine in accordance with the payment schedule or structure; and 55.17 (2) the defendant is likely to not pay the restitution or 55.18 fine the defendant owes before the term of probation expires. 55.19 This one-year extension of probation for failure to pay 55.20 restitution or a fine may be extended by the court for up to one 55.21 additional year if the court finds, at another hearing conducted 55.22 under subdivision 1a, that the defendant still has not paid the 55.23 court-ordered restitution or fine that the defendant owes. 55.24 (i) Notwithstanding the maximum periods specified for stays 55.25 of sentences under paragraphs (a) to (g), a court may extend a 55.26 defendant's term of probation for up to three years if it finds, 55.27 at a hearing conducted under subdivision 1c, that: 55.28 (1) the defendant has failed to complete court-ordered 55.29 treatment successfully; and 55.30 (2) the defendant is likely not to complete court-ordered 55.31 treatment before the term of probation expires. 55.32 Sec. 11. [REPEALER.] 55.33 Minnesota Statutes 1998, section 609.113, is repealed. 55.34 Sec. 12. [EFFECTIVE DATES.] 55.35 Sections 1 to 10 are effective July 1, 1999, and apply to 55.36 crimes committed on or after that date. However, violations 56.1 occurring before that date which are listed in Minnesota 56.2 Statutes, section 169.121, subdivision 3, paragraph (a), are 56.3 considered prior impaired driving convictions or prior license 56.4 revocations for purposes of this article. Section 11 is 56.5 effective the day following final enactment. 56.6 ARTICLE 4 56.7 CORRECTIONS 56.8 Section 1. Minnesota Statutes 1998, section 3.739, 56.9 subdivision 1, is amended to read: 56.10 Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands 56.11 arising out of the circumstances described in this subdivision 56.12 shall be presented to, heard, and determined as provided in 56.13 subdivision 2: 56.14 (1) an injury to or death of an inmate of a state, 56.15 regional, or local correctional facility or county jail who has 56.16 been conditionally released and ordered to perform uncompensated 56.17 work for a state agency, a political subdivision or public 56.18 corporation of this state, a nonprofit educational, medical, or 56.19 social service agency, or a private business or individual, as a 56.20 condition of the release, while performing the work; 56.21 (2) an injury to or death of a person sentenced by a court, 56.22 granted a suspended sentence by a court, or subject to a court 56.23 disposition order, and who, under court order, is performing 56.24 work (a) in restitution, (b) in lieu of or to work off fines or 56.25 court ordered costs, (c) in lieu of incarceration, or (d) as a 56.26 term or condition of a sentence, suspended sentence, or 56.27 disposition order, while performing the work; 56.28 (3) an injury to or death of a person, who has been 56.29 diverted from the court system and who is performing work as 56.30 described in paragraph (1) or (2) under a written agreement 56.31 signed by the person, and if a juvenile, by a parent or 56.32 guardian; 56.33 (4) an injury to or death of any person caused by an 56.34 individual who was performing work as described in paragraph 56.35 (1), (2), or (3); or 56.36 (5) necessary medical care of offenders sentenced to the 57.1 Camp Ripley work program described in section 241.277241.2775. 57.2 Sec. 2. Minnesota Statutes 1998, section 241.016, is 57.3 amended to read: 57.4 241.016 [ AGENCYANNUAL PERFORMANCE REPORTING; RECIDIVISM57.5 ANALYSISREPORT REQUIRED.] 57.6 Subdivision 1. [ANNUAL REPORT.] Notwithstanding section 57.7 15.91, the department of corrections shall issue a performance 57.8 report by November 30 of each year. The issuance and content of 57.9 the report must conform with section 15.91. 57.10 Subd. 2. [RECIDIVISM ANALYSIS.] The report required 57.11 by section 15.91subdivision 1 must include an evaluation and 57.12 analysis of the programming in all department of corrections 57.13 facilities. This evaluation and analysis must include: 57.14 (1) a description of the vocational, work, and industries 57.15 programs and information on the recidivism rates for offenders 57.16 who participated in these types of programming; 57.17 (2) a description of the educational programs and 57.18 information on the recidivism rates for offenders who 57.19 participated in educational programming; and 57.20 (3) a description of the chemical dependency, sex offender, 57.21 and mental health treatment programs and information on the 57.22 recidivism rates for offenders who participated in these 57.23 treatment programs. 57.24 The analysis of recidivism rates must include a breakdown 57.25 of recidivism rates for juvenile offenders, adult male 57.26 offenders, and adult female offenders. 57.27 Sec. 3. [241.2775] [CAMP RIPLEY WORK PROGRAM FOR REPEAT 57.28 DWI OFFENDERS.] 57.29 Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of 57.30 corrections shall establish a work program at Camp Ripley. The 57.31 program must serve repeat driving-while-impaired (DWI) offenders 57.32 who are sentenced to the program by courts under section 57.33 169.121, subdivision 3g or 3h. 57.34 Subd. 2. [PROGRAM DESCRIBED.] The program must require 57.35 offenders to perform physical labor either at the facility or in 57.36 other locations in the surrounding area and participate in and 58.1 complete a chemical dependency treatment program. The chemical 58.2 dependency treatment program must be developed and administered 58.3 by the Brainerd regional human services center on an outpatient 58.4 basis and may be offered either at the Camp Ripley facility or 58.5 the Brainerd regional human services center. 58.6 Subd. 3. [PROGRAM GUIDELINES.] The commissioner shall 58.7 develop guidelines for the operation of the work program. These 58.8 guidelines must, at a minimum, address the nature, extent, and 58.9 location of the physical labor and the chemical dependency 58.10 treatment programming required. The commissioner shall 58.11 collaborate with the commissioner of human services to develop 58.12 the guidelines for the chemical dependency treatment programming. 58.13 Subd. 4. [STATUS OF OFFENDER.] An offender sentenced to 58.14 the work program is not committed to the commissioner of 58.15 corrections. Instead, the offender is under the continuing 58.16 jurisdiction of the sentencing court. Offenders sentenced to 58.17 the work program are not considered incarcerated for purposes of 58.18 computing good time, credit for time served, or for 58.19 participating in publicly funded health care programs. 58.20 Subd. 5. [LENGTH OF STAY.] (a) An offender sentenced by a 58.21 court to the work program must serve a minimum of three-fourths 58.22 of the pronounced sentence at the program unless the offender is 58.23 terminated from it and remanded to the custody of the sentencing 58.24 court as provided in subdivision 7. The offender may be 58.25 required to remain at the program beyond the minimum period for 58.26 any period up to the statutory maximum if the offender violates 58.27 disciplinary rules. 58.28 (b) An offender whose program completion occurs on a 58.29 Saturday, Sunday, or holiday must be allowed to return to the 58.30 community on the last day before the completion date that is not 58.31 a Saturday, Sunday, or holiday. If the offender's stay in the 58.32 program was extended due to a violation of the disciplinary 58.33 rules and the offender's day of completion is a Saturday, 58.34 Sunday, or holiday, the offender must not be allowed to return 58.35 to the community until the day following that is not a Saturday, 58.36 Sunday, or holiday. 59.1 Subd. 6. [FURLOUGHS.] The commissioner of corrections may 59.2 furlough an offender for up to three days in the event of the 59.3 death of a family member or spouse. If the commissioner 59.4 determines that the offender requires serious and immediate 59.5 medical attention, the commissioner may grant furloughs of up to 59.6 three days to provide appropriate health care. 59.7 Subd. 7. [SANCTIONS.] The commissioner of corrections 59.8 shall ensure that severe and meaningful sanctions are imposed 59.9 for violations of the conditions of the work program. The 59.10 commissioner may require that an offender be removed from the 59.11 program and remanded to the custody of the sentencing court if 59.12 the offender: 59.13 (1) commits a material violation of or repeatedly fails to 59.14 follow the rules of the program; 59.15 (2) commits any misdemeanor, gross misdemeanor, or felony 59.16 offense; or 59.17 (3) presents a risk to the public, based on the offender's 59.18 behavior, attitude, or abuse of alcohol or controlled substances. 59.19 Subd. 8. [DISCIPLINARY RULES.] By July 1, 1999, the 59.20 commissioner of corrections shall develop disciplinary rules 59.21 applicable to the work program, a violation of which may result 59.22 in extending an offender's stay at the program for any period of 59.23 time up to the statutory maximum. These rules may address 59.24 violations of program rules, refusal to work, refusal to 59.25 participate in any required programming, including chemical 59.26 dependency programming, and other matters determined by the 59.27 commissioner. Extending an offender's stay is considered a 59.28 disciplinary sanction imposed upon the offender, and the 59.29 procedure for imposing the extension and the rights of the 59.30 offender in the procedure must be those in effect for the 59.31 imposition of other disciplinary sanctions at state correctional 59.32 institutions. 59.33 Subd. 9. [COSTS OF PROGRAM.] (a) Except as provided in 59.34 paragraphs (b) and (c), the commissioner of corrections is 59.35 responsible for all costs associated with the placement of 59.36 offenders in the program, including, but not limited to, the 60.1 full cost of transporting offenders to and from the program and 60.2 to and from chemical dependency treatment. 60.3 (b) The commissioner of human services is responsible for 60.4 all costs associated with the chemical dependency treatment 60.5 provided to offenders at the program. The commissioner shall 60.6 determine if the offender is eligible for the consolidated 60.7 chemical dependency treatment fund and use the funding to pay 60.8 for the chemical dependency treatment. 60.9 (c) Costs of medical care must be paid according to section 60.10 3.739. 60.11 Subd. 10. [REPORT.] By January 15, 2002, the commissioners 60.12 of corrections and human services shall report to the chairs and 60.13 ranking minority members of the senate and house of 60.14 representatives committees and divisions having jurisdiction 60.15 over criminal justice and human services policy and funding on 60.16 this program. The report must contain information on the 60.17 recidivism rates for offenders sentenced to the program. 60.18 Sec. 4. Minnesota Statutes 1998, section 242.192, is 60.19 amended to read: 60.20 242.192 [CHARGES TO COUNTIES.] 60.21 The commissioner shall charge counties or other appropriate 60.22 jurisdictions for the actual per diem cost of confinement, 60.23 excluding educational costs, of juveniles at the Minnesota 60.24 correctional facility-Red Wing and of juvenile females at the 60.25 Minnesota correctional facility-Sauk Centre. This charge 60.26 applies to both counties that participate in the Community 60.27 Corrections Act and those that do not. The commissioner shall 60.28 annually determine costs, making necessary adjustments to 60.29 reflect the actual costs of confinement. All money received 60.30 under this section must be deposited in the state treasury and 60.31 credited to the general fund. 60.32 Sec. 5. [CONTINUED OPERATION OF RUSH CITY PRISON.] 60.33 The custody level 4 correctional facility at Rush City may 60.34 not continue to house inmates after July 1, 2001, unless its 60.35 continued operation is specifically authorized by law. 60.36 Sec. 6. [PRIVATE VENDOR TO OPERATE EDUCATIONAL PROGRAM AT 61.1 MCF-RED WING.] 61.2 The commissioner of administration shall develop and issue 61.3 a request for proposals from private vendors to operate the 61.4 educational program at the Minnesota correctional facility-Red 61.5 Wing. The request must allow for bids from vendors across the 61.6 country. The commissioner shall select a private vendor who 61.7 shall begin operating the program by January 1, 2000. 61.8 Sec. 7. [STUDY OF CORRECTIONAL OFFICER STAFFING.] 61.9 Subdivision. 1. [STUDY REQUIRED.] The commissioner of 61.10 corrections shall study issues related to correctional officer 61.11 staffing at correctional facilities under the commissioner's 61.12 control. The study must focus on the ratio of supervisory 61.13 officers to nonsupervisory officers, the criteria and average 61.14 length of time for promotion to supervisory positions, the 61.15 salaries of supervisory and nonsupervisory officers, the ratio 61.16 of all officers to inmates, and other related issues. To the 61.17 degree feasible, the commissioner shall compare the department's 61.18 staffing system and pay scale to that of other states, the 61.19 federal government, and private correctional vendors. 61.20 Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the 61.21 commissioner shall report to the chairs and ranking minority 61.22 members of the senate and house committees and divisions having 61.23 jurisdiction over criminal justice funding on the results of the 61.24 study described in subdivision 1. 61.25 Sec. 8. [MINNESOTA CORRECTIONAL FACILITY-SAUK CENTRE; 61.26 TRANSFER.] 61.27 Before January 1, 2000, the commissioner of corrections 61.28 shall transfer the residents of the Minnesota correctional 61.29 facility-Sauk Centre to other facilities. On January 1, 2000, 61.30 responsibility for operating and maintaining the state land and 61.31 buildings that compose the Minnesota correctional facility-Sauk 61.32 Centre is transferred to the commissioner of administration 61.33 under Minnesota Statutes, section 15.039. 61.34 Sec. 9. [REPEALER.] 61.35 Minnesota Statutes 1998, section 241.277; and Laws 1997, 61.36 chapter 238, section 4, are repealed. 62.1 Sec. 10. [EFFECTIVE DATES.] 62.2 Sections 6 and 9 are effective the day following final 62.3 enactment. However, the adult work program described in 62.4 Minnesota Statutes, section 241.277, shall continue to operate 62.5 until all offenders at the program on the day following final 62.6 enactment have completed it. 62.7 ARTICLE 5 62.8 LAW ENFORCEMENT 62.9 Section 1. Minnesota Statutes 1998, section 260.161, 62.10 subdivision 1, is amended to read: 62.11 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 62.12 juvenile court judge shall keep such minutes and in such manner 62.13 as the court deems necessary and proper. Except as provided in 62.14 paragraph (b), the court shall keep and maintain records 62.15 pertaining to delinquent adjudications until the person reaches 62.16 the age of 28 years and shall release the records on an 62.17 individual to another juvenile court that has jurisdiction of 62.18 the juvenile, to a requesting adult court for purposes of 62.19 sentencing, or to an adult court or juvenile court as required 62.20 by the right of confrontation of either the United States 62.21 Constitution or the Minnesota Constitution. The juvenile court 62.22 shall provide, upon the request of any other juvenile court, 62.23 copies of the records concerning adjudications involving the 62.24 particular child. The court also may provide copies of records 62.25 concerning delinquency adjudications, on request, to law 62.26 enforcement agencies, probation officers, and corrections agents 62.27 if the court finds that providing these records serves public 62.28 safety or is in the best interests of the child. Until July 1, 62.29 19992001, juvenile court delinquency proceeding records of 62.30 adjudications, court transcripts, and delinquency petitions, 62.31 including any probable cause attachments that have been filed or 62.32 police officer reports relating to a petition, must be released 62.33 to requesting law enforcement agencies and prosecuting 62.34 authorities for purposes of investigating and prosecuting 62.35 violations of section 609.229, provided that psychological or 62.36 mental health reports may not be included with those records. 63.1 The agency receiving the records may release the records only as 63.2 permitted under this section or authorized by law. 63.3 The court shall also keep an index in which files 63.4 pertaining to juvenile matters shall be indexed under the name 63.5 of the child. After the name of each file shall be shown the 63.6 file number and, if ordered by the court, the book and page of 63.7 the register in which the documents pertaining to such file are 63.8 listed. The court shall also keep a register properly indexed 63.9 in which shall be listed under the name of the child all 63.10 documents filed pertaining to the child and in the order filed. 63.11 The list shall show the name of the document and the date of 63.12 filing thereof. The juvenile court legal records shall be 63.13 deposited in files and shall include the petition, summons, 63.14 notice, findings, orders, decrees, judgments, and motions and 63.15 such other matters as the court deems necessary and proper. 63.16 Unless otherwise provided by law, all court records shall be 63.17 open at all reasonable times to the inspection of any child to 63.18 whom the records relate, and to the child's parent and guardian. 63.19 (b) The court shall retain records of the court finding 63.20 that a juvenile committed an act that would be a felony or gross 63.21 misdemeanor level offense until the offender reaches the age of 63.22 28. If the offender commits a felony as an adult, or the court 63.23 convicts a child as an extended jurisdiction juvenile, the court 63.24 shall retain the juvenile records for as long as the records 63.25 would have been retained if the offender had been an adult at 63.26 the time of the juvenile offense. This paragraph does not apply 63.27 unless the juvenile was provided counsel as required by section 63.28 260.155, subdivision 2. 63.29 Sec. 2. Minnesota Statutes 1998, section 609.531, 63.30 subdivision 1, is amended to read: 63.31 Subdivision 1. [DEFINITIONS.] For the purpose of sections 63.32 609.531 to 609.5318, the following terms have the meanings given 63.33 them. 63.34 (a) "Conveyance device" means a device used for 63.35 transportation and includes, but is not limited to, a motor 63.36 vehicle, trailer, snowmobile, airplane, and vessel and any 64.1 equipment attached to it. The term "conveyance device" does not 64.2 include property which is, in fact, itself stolen or taken in 64.3 violation of the law. 64.4 (b) "Weapon used" means a dangerous weapon as defined under 64.5 section 609.02, subdivision 6, that the actor used or had in 64.6 possession in furtherance of a crime. 64.7 (c) "Property" means property as defined in section 609.52, 64.8 subdivision 1, clause (1). 64.9 (d) "Contraband" means property which is illegal to possess 64.10 under Minnesota law. 64.11 (e) "Appropriate agency" means the bureau of criminal 64.12 apprehension, the Minnesota state patrol, a county sheriff's 64.13 department, the suburban Hennepin regional park district park 64.14 rangers, the department of natural resources division of 64.15 enforcement, the University of Minnesota police department, ora 64.16 city or airport police department, or the criminal gang strike 64.17 force described in section 299A.64. 64.18 (f) "Designated offense" includes: 64.19 (1) for weapons used: any violation of this chapter, 64.20 chapter 152, or chapter 624; 64.21 (2) for all other purposes: a felony violation of, or a 64.22 felony-level attempt or conspiracy to violate, section 325E.17; 64.23 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 64.24 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 64.25 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 64.26 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 64.27 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 64.28 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 64.29 609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 64.30 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 64.31 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 64.32 609.825; 609.86; 609.88; 609.89; 609.893; 617.246; or a gross 64.33 misdemeanor or felony violation of section 609.891 or 624.7181; 64.34 or any violation of section 609.324. 64.35 (g) "Controlled substance" has the meaning given in section 64.36 152.01, subdivision 4. 65.1 Sec. 3. Minnesota Statutes 1998, section 609.5315, is 65.2 amended by adding a subdivision to read: 65.3 Subd. 5b. [DISTRIBUTION OF MONEY; CRIMINAL GANG STRIKE 65.4 FORCE.] (a) The money or proceeds forwarded to the criminal gang 65.5 strike force under subdivision 5, clause (1), must be 65.6 administered by the criminal gang oversight council described in 65.7 section 299A.64. The council may use up to 50 percent of the 65.8 money or proceeds for expenses related to the operation of the 65.9 council and the strike force. The council shall forward a 65.10 minimum of 50 percent of the money or proceeds to the 65.11 commissioner of finance. The commissioner shall deposit the 65.12 money into the gang prevention and intervention account 65.13 described in section 299A.2895. 65.14 (b) The council shall specify in its annual report required 65.15 in section 299A.64, subdivision 10, the amount of money received 65.16 under this subdivision and the amount forwarded under paragraph 65.17 (a). 65.18 Sec. 4. Minnesota Statutes 1998, section 626.5532, 65.19 subdivision 1, is amended to read: 65.20 Subdivision 1. [REPORTS.] (a) If a peace officer pursues a 65.21 fleeing suspect, the officer's department head must file a 65.22 notice of the incident with the commissioner of public safety 65.23 within 30 days following the pursuit. A pursuit must be 65.24 reported under this section if it is a pursuit by a peace 65.25 officer of a motor vehicle being operated in violation of 65.26 section 609.487. The notice must contain information concerning 65.27 the reason for and circumstances surrounding the pursuit, 65.28 including the alleged offense, the length of the pursuit in 65.29 distance and time, the outcome of the pursuit, any charges filed 65.30 against the suspect as a result of the pursuit, injuries and 65.31 property damage resulting from the pursuit, and other 65.32 information deemed relevant by the commissioner. 65.33 (b) A department head who fails to report to the 65.34 commissioner as required by this section is subject to licensing 65.35 sanctions as provided in section 626.8458, subdivision 6. 65.36 Sec. 5. Minnesota Statutes 1998, section 626.845, 66.1 subdivision 1, is amended to read: 66.2 Subdivision 1. [POWERS AND DUTIES.] The board shall have 66.3 the following powers and duties: 66.4 (a) To certify peace officers' training schools or programs 66.5 administered by state, county and municipalities located within 66.6 this state in whole or in part no later than 90 days after 66.7 receipt of an application for certification. The reasons for 66.8 noncertification of any school or program or part thereof shall 66.9 be transmitted to the school within 90 days and shall contain a 66.10 detailed explanation of the reasons for which the school or 66.11 program was disapproved and an explanation of what supporting 66.12 material or other requirements are necessary for the board to 66.13 reconsider. Disapproval of a school or program shall not 66.14 preclude the reapplication for certification of the school or 66.15 program; 66.16 (b) To issue certificates to schools, and to revoke such 66.17 certification when necessary to maintain the objectives and 66.18 purposes of sections 626.841 to 626.863; 66.19 (c) To certify, as qualified, instructors at peace officer 66.20 training schools, and to issue appropriate certificates to such 66.21 instructors; 66.22 (d) To license peace officers who have satisfactorily 66.23 completed certified basic training programs, and passed 66.24 examinations as required by the board; 66.25 (e) To cause studies and surveys to be made relating to the 66.26 establishment, operation, and approval of state, county, and 66.27 municipal peace officer training schools; 66.28 (f) To consult and cooperate with state, county, and 66.29 municipal peace officer training schools for the development of 66.30 in-service training programs for peace officers; 66.31 (g) To consult and cooperate with universities, colleges, 66.32 and technical colleges for the development of specialized 66.33 courses of instruction and study in the state for peace officers 66.34 and part-time peace officers in police science and police 66.35 administration; 66.36 (h) To consult and cooperate with other departments and 67.1 agencies of the state and federal government concerned with 67.2 peace officer standards and training; 67.3 (i) To perform such other acts as may be necessary and 67.4 appropriate to carry out the powers and duties as set forth in 67.5 the provisions of sections 626.841 to 626.863; 67.6 (j) To coordinate the provision, on a regional basis, of 67.7 skills oriented basic training courses to graduates of certified 67.8 law enforcement training schools or programs; 67.9 (k) To obtain criminal conviction data for persons seeking 67.10 a license to be issued or possessing a license issued by the 67.11 board. The board shall have authority to obtain criminal 67.12 conviction data to the full extent that any other law 67.13 enforcement agency, as that term is defined by state or federal 67.14 law, has to obtain the data; 67.15 (l) To prepare and transmit annually to the governor a 67.16 report of its activities with respect to allocation of moneys 67.17 appropriated to it for peace officers training, including the 67.18 name and address of each recipient of money for that purpose, 67.19 the amount awarded, and the purpose of the award; and 67.20 (m) To assist and cooperate with any political subdivision 67.21 or state law enforcement agency which employs persons licensed 67.22 by the board to establish written procedures for the 67.23 investigation and resolution of allegations of misconduct of 67.24 persons licensed by the board, and to enforce licensing 67.25 sanctions for failure to implement such procedures ; and67.26 (n) To assist and cooperate with political subdivisions and67.27 state law enforcement agencies that employ persons licensed by67.28 the board in establishing written procedures to govern the67.29 conduct of peace officers who are in pursuit of a vehicle in67.30 violation of section 609.487, and requirements for the training67.31 of peace officers in conducting pursuits. The board may impose67.32 licensing sanctions for failure to establish pursuit procedures67.33 and training requirements by October 1, 1989. 67.34 In addition, the board may maintain data received from law 67.35 enforcement agencies under section 626.87, subdivision 5, 67.36 provide the data to requesting law enforcement agencies who are 68.1 conducting background investigations, and maintain data on 68.2 applicants and licensees as part of peace officer license data. 68.3 The data that may be maintained include the name of the law 68.4 enforcement agency conducting the investigation and data on the 68.5 candidate provided under section 626.87, subdivision 5, clauses 68.6 (1) and (2). 68.7 Sec. 6. [626.8458] [VEHICLE PURSUITS; POLICIES AND 68.8 INSTRUCTION REQUIRED.] 68.9 Subdivision 1. [PURPOSE.] The legislature finds that 68.10 emergency vehicle operations are an integral part of law 68.11 enforcement's commitment to public safety. Law enforcement 68.12 agencies shall make reasonable efforts to guide their officers 68.13 in the safe and responsible performance of their emergency 68.14 response duties. Although laws and rules provide the foundation 68.15 for the conduct of law enforcement officers, continuous and 68.16 effective training is essential to ensure proper law enforcement 68.17 action during emergency vehicle operations, including police 68.18 pursuits. This training must be designed to give officers both 68.19 skills and decision-making ability so that emergency vehicle 68.20 operations can be resolved safely and successfully. 68.21 Subd. 2. [STATEWIDE MODEL POLICY.] (a) By July 1, 1999, 68.22 the board shall adopt a new or revised model policy governing 68.23 the conduct of peace officers who are in pursuit of a vehicle 68.24 being operated in violation of section 609.487. In order to 68.25 assist peace officers in responding to the complex and 68.26 unpredictable factors associated with police pursuits, the model 68.27 policy shall, at a minimum, contain the following components: 68.28 (1) a statement describing the philosophy of the model 68.29 policy. This philosophy must state that the safety of all 68.30 persons involved in or by a police pursuit is of primary 68.31 importance. It also must balance the risks of the pursuit to 68.32 the public and peace officers with the consequences of failing 68.33 to pursue; 68.34 (2) the factors to be considered in initiating and 68.35 terminating a pursuit, and the standards for evaluating the need 68.36 to initiate or terminate a pursuit; 69.1 (3) the procedures, tactics, and technologies used during 69.2 pursuits; 69.3 (4) the various responsibilities of the pursuing officers, 69.4 the officer supervising the pursuit, the dispatcher, and air 69.5 support; 69.6 (5) the procedures governing interjurisdictional pursuits; 69.7 (6) the procedures governing care of any persons injured in 69.8 the course of the pursuit; 69.9 (7) the contents of pursuit reports filed under section 69.10 626.5532; and 69.11 (8) the procedures used to evaluate each pursuit. 69.12 (b) The board shall invite victims and family members of 69.13 victims of accidents resulting from police pursuits and other 69.14 interested members of the public to serve on an advisory panel. 69.15 The panel shall advise the board on matters related to the 69.16 development of the model policy and police pursuit training. 69.17 The board shall consider the advice of the panel when adopting 69.18 the model policy. For purposes of this paragraph, "victims" 69.19 does not include individuals who are being pursued by the police. 69.20 (c) The board shall review and, as necessary, revise the 69.21 model pursuit policy in collaboration with the Minnesota chiefs 69.22 of police association, the Minnesota sheriffs association, the 69.23 Minnesota police and peace officers association, and other 69.24 interested law enforcement industry groups. 69.25 Subd. 3. [AGENCY POLICIES REQUIRED.] (a) The chief law 69.26 enforcement officer of every state and local law enforcement 69.27 agency must establish and enforce a written policy governing the 69.28 conduct of peace officers employed by the agency who are in 69.29 pursuit of a vehicle being operated in violation of section 69.30 609.487. The policy must, at a minimum, comply with the 69.31 requirements of any new or revised model pursuit policy adopted 69.32 by the board under subdivision 2 and must take into account any 69.33 pursuit vehicle technology that is available to the agency. 69.34 (b) Every state and local law enforcement agency must 69.35 certify annually to the board that it has adopted a written 69.36 policy in compliance with the board's model pursuit policy. 70.1 (c) The board shall assist the chief law enforcement 70.2 officer of each state and local law enforcement agency in 70.3 developing and implementing pursuit policies under this 70.4 subdivision. 70.5 Subd. 4. [PRE-SERVICE TRAINING IN POLICE PURSUITS 70.6 REQUIRED.] (a) The board shall prepare learning objectives for 70.7 instructing peace officers in emergency vehicle operations and 70.8 in the conduct of police pursuits. The course shall consist of 70.9 at least seven hours of classroom and skills-based training. 70.10 (b) An individual is not eligible to take the peace officer 70.11 licensing examination on or after July 1, 2000, unless the 70.12 individual has received the training described in paragraph (a). 70.13 (c) An individual who does not routinely operate a marked 70.14 squad car and is not assigned to patrol duties is not required 70.15 to receive the training described in paragraph (a). 70.16 Subd. 5. [IN-SERVICE TRAINING IN POLICE PURSUITS 70.17 REQUIRED.] The chief law enforcement officer of every state and 70.18 local law enforcement agency shall provide in-service training 70.19 in emergency vehicle operations and in the conduct of police 70.20 pursuits to every peace officer and part-time peace officer 70.21 employed by the agency who routinely operates a marked squad car 70.22 and is assigned to patrol duties. The training shall comply 70.23 with learning objectives developed and approved by the board and 70.24 shall consist of at least eight hours of classroom and 70.25 skills-based training every two years. 70.26 Subd. 6. [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 70.27 board may impose licensing sanctions and seek injunctive relief 70.28 under section 214.11 for failure to comply with the requirements 70.29 of this section and for failure to report as required in section 70.30 626.5532, subdivision 1. 70.31 Sec. 7. [626.8459] [POST BOARD; COMPLIANCE REVIEWS 70.32 REQUIRED.] 70.33 Each year, the board shall conduct compliance reviews on at 70.34 least 10 percent of state and local law enforcement agencies. 70.35 The compliance reviews must ensure that the information required 70.36 under section 626.5532, subdivision 1, is being properly 71.1 reported. 71.2 Sec. 8. Minnesota Statutes 1998, section 626.8462, is 71.3 amended to read: 71.4 626.8462 [COMPETENCY REQUIREMENTS.] 71.5 Part-time peace officer licensing examinations shall be 71.6 designed to insure competency in the following areas reasonably 71.7 achievable in courses within a total hourly maximum of 54320 71.8 hours: 71.9 (a) Law of arrest, including probable cause; 71.10 (b) Law of search and seizure; 71.11 (c) Confessions and interrogations, oral and written; 71.12 (d) Law and rules of evidence; 71.13 (e) Minnesota criminal code; 71.14 (f) Juvenile law; 71.15 (g) General principles of criminal investigations; 71.16 (h) Crime scene search and investigation; 71.17 (i) Preservation and collection of crime scene evidence; 71.18 (j) Traffic enforcement, including accident investigation. 71.19 The board, in consultation with representatives from the 71.20 Minnesota chiefs of police association, the Minnesota sheriffs 71.21 association, the Minnesota police and peace officers 71.22 association, and other interested law enforcement industry 71.23 groups, shall prepare learning objectives for a 320-hour course 71.24 to test competency under this section. 71.25 Upon request, the board shall provide to any sheriff or 71.26 chief of police lesson plans and instructional materials 71.27 reasonably necessary to conduct classes in the required areas of 71.28 study. Nothing herein shall be construed to prohibit a 71.29 requirement for more comprehensive training imposed by a local 71.30 law enforcement agency. 71.31 Sec. 9. Minnesota Statutes 1998, section 626.8463, 71.32 subdivision 1, is amended to read: 71.33 Subdivision 1. [APPOINTMENT REQUIREMENTS.] (a) Any 71.34 individual appointed or employed as a part-time peace officer 71.35 shall provide proof to the board that the individual has: 71.36 (1) satisfied the selection standards of the board then in 72.1 effect; 72.2 (2) successfully completed board recognized courses in 72.3 first aid and firearms training, including legal limitations on 72.4 the justifiable use of deadly force; and 72.5 (3) successfully passed a board part-time peace officer 72.6 licensing examination. 72.7 (b) The board shall develop a new examination that tests in 72.8 depth the expanded competency requirements of section 626.8462. 72.9 The board shall consult with representatives from the Minnesota 72.10 chiefs of police association, the Minnesota sheriffs 72.11 association, the Minnesota police and peace officers 72.12 association, and other interested law enforcement industry 72.13 groups when developing the examination. 72.14 Sec. 10. Minnesota Statutes 1998, section 626.8465, 72.15 subdivision 2, is amended to read: 72.16 Subd. 2. [PART-TIME PEACE OFFICER LICENSE, RESTRICTION.] 72.17 Subject to section 626.8468, subdivision 1, any individual 72.18 licensed by the board as a part-time peace officer shall be 72.19 eligible for appointment or employment anywhere in the state as 72.20 a part-time peace officer but not as a peace officer unless the 72.21 individual meets board training and licensing requirements then 72.22 in effect for peace officers. 72.23 Sec. 11. [626.8468] [CURRENT PART-TIME PEACE OFFICERS TO 72.24 TAKE TRAINING COURSE FOR LICENSE RENEWAL.] 72.25 Subdivision 1. [CAP ON NUMBER OF PART-TIME PEACE OFFICERS 72.26 PER AGENCY.] (a) A law enforcement agency that employed a 72.27 licensed part-time peace officer or that was in the process of 72.28 training an individual to become a licensed part-time peace 72.29 officer on or before February 1, 1999, may continue to do so. 72.30 Except as provided in paragraph (b), no agency may employ more 72.31 part-time peace officers than it employed in calendar year 1998. 72.32 (b) If a local unit of government dissolves a law 72.33 enforcement agency that employs a part-time peace officer 72.34 authorized under paragraph (a) and contracts with another law 72.35 enforcement agency to provide law enforcement services, the law 72.36 enforcement agency contracted with may add that number of 73.1 part-time positions to the agency's maximum under paragraph (a) 73.2 if the agency hires or offers employment to all full-time peace 73.3 officers employed by the dissolved agency at the time of 73.4 dissolution. The employment offered must be of comparable 73.5 responsibility and salary. 73.6 Subd. 2. [SUCCESSFUL COMPLETION OF TRAINING COURSE 73.7 REQUIRED.] All persons licensed as part-time peace officers must 73.8 successfully complete the competency training described in 73.9 Minnesota Statutes, section 626.8462. The training must be 73.10 offered free of charge in locations throughout the state. After 73.11 December 31, 2001, the board may not renew the license of a 73.12 part-time peace officer who has not successfully completed the 73.13 course. 73.14 Subd. 3. [CONTINUING EDUCATION.] After successfully 73.15 completing the competency training described in Minnesota 73.16 Statutes, section 626.8462, licensed part-time peace officers 73.17 shall comply with continuing education standards required by the 73.18 board for peace officers. 73.19 Subd. 4. [OPPORTUNITY TO FOREGO COMPETENCY TRAINING.] A 73.20 person who is currently licensed as a part-time peace officer 73.21 and employed by a law enforcement agency may take the new 73.22 examination described in section 626.8463, subdivision 1, 73.23 paragraph (b), without having completed the competency training 73.24 described in section 626.8462. If the person passes the 73.25 examination, the person is exempt from the provisions of 73.26 subdivision 2, but shall comply with continuing education 73.27 standards required by the board for peace officers. If the 73.28 person does not pass the examination, the person must 73.29 successfully complete the competency training as described in 73.30 subdivision 2. 73.31 Sec. 12. [CAPITOL COMPLEX SECURITY STUDY.] 73.32 Subdivision 1. [STUDY REQUIRED.] 73.33 The superintendent of the bureau of criminal apprehension 73.34 shall conduct an in-depth study on issues related to capitol 73.35 complex security, including general security in the capitol 73.36 complex and specific security for constitutional officers and 74.1 their families, legislators, members of the judiciary housed in 74.2 the capitol complex, state employees, visitors to the capitol 74.3 complex, and visiting dignitaries. The superintendent shall 74.4 analyze the strengths and weaknesses of the current manner in 74.5 which security is provided. To the degree feasible, the 74.6 superintendent shall examine how similar security is provided in 74.7 other states. 74.8 Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the 74.9 superintendent shall report to the legislature and the governor 74.10 on the results of the study. In addition to the requirements 74.11 described in subdivision 1, the report must include 74.12 recommendations on ways to improve security, if improvements are 74.13 determined to be necessary. These recommendations must be 74.14 accompanied by an analysis of the increased resources necessary 74.15 to implement the improvements. The report must address the 74.16 advisability of having a single entity provide this security and 74.17 an assessment of which state agency or division would be best 74.18 suited to the role. 74.19 Sec. 13. [REPEALER.] 74.20 (a) Minnesota Statutes 1998, section 626.5532, subdivision 74.21 2, is repealed. 74.22 (b) Minnesota Statutes 1998, section 626.8463, subdivision 74.23 2, is repealed. 74.24 Sec. 14. [EFFECTIVE DATE.] 74.25 Sections 2, 3, 8 to 11, and 13, paragraph (b), are 74.26 effective the day following final enactment. 74.27 ARTICLE 6 74.28 OTHER PROVISIONS 74.29 Section 1. Minnesota Statutes 1998, section 2.722, 74.30 subdivision 1, is amended to read: 74.31 Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the 74.32 state is divided into ten judicial districts composed of the 74.33 following named counties, respectively, in each of which 74.34 districts judges shall be chosen as hereinafter specified: 74.35 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 74.36 Sibley; 2833 judges; and four permanent chambers shall be 75.1 maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 75.2 other shall be maintained at the place designated by the chief 75.3 judge of the district; 75.4 2. Ramsey; 2426 judges; 75.5 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 75.6 Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 75.7 chambers shall be maintained in Faribault, Albert Lea, Austin, 75.8 Rochester, and Winona; 75.9 4. Hennepin; 5762 judges; 75.10 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 75.11 Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 75.12 Martin, and Jackson; 1716 judges; and permanent chambers shall 75.13 be maintained in Marshall, Windom, Fairmont, New Ulm, and 75.14 Mankato; 75.15 6. Carlton, St. Louis, Lake, and Cook; 15 judges; 75.16 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 75.17 Stearns, Todd, Clay, Becker, and Wadena; 2225 judges; and 75.18 permanent chambers shall be maintained in Moorhead, Fergus 75.19 Falls, Little Falls, and St. Cloud; 75.20 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 75.21 Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 75.22 Traverse, and Wilkin; 11 judges; and permanent chambers shall be 75.23 maintained in Morris, Montevideo, and Willmar; 75.24 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 75.25 Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 75.26 Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 75.27 2023 judges; and permanent chambers shall be maintained in 75.28 Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 75.29 and International Falls; and 75.30 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 75.31 Chisago, and Washington; 3539 judges; and permanent chambers 75.32 shall be maintained in Anoka, Stillwater, and other places 75.33 designated by the chief judge of the district. 75.34 Sec. 2. Minnesota Statutes 1998, section 253B.185, is 75.35 amended by adding a subdivision to read: 75.36 Subd. 5. [FINANCIAL RESPONSIBILITY.] (a) For purposes of 76.1 this subdivision, "state facility" has the meaning given in 76.2 section 246.50. 76.3 (b) Notwithstanding sections 246.54, 253B.045, and any 76.4 other law to the contrary, when a petition is filed for 76.5 commitment under this section pursuant to the notice required in 76.6 section 244.05, subdivision 7, the state and county are each 76.7 responsible for 50 percent of the cost of the person's 76.8 confinement at a state facility or county jail, prior to 76.9 commitment. 76.10 Sec. 3. Minnesota Statutes 1998, section 256.01, 76.11 subdivision 2, is amended to read: 76.12 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 76.13 section 241.021, subdivision 2, the commissioner of human 76.14 services shall: 76.15 (1) Administer and supervise all forms of public assistance 76.16 provided for by state law and other welfare activities or 76.17 services as are vested in the commissioner. Administration and 76.18 supervision of human services activities or services includes, 76.19 but is not limited to, assuring timely and accurate distribution 76.20 of benefits, completeness of service, and quality program 76.21 management. In addition to administering and supervising human 76.22 services activities vested by law in the department, the 76.23 commissioner shall have the authority to: 76.24 (a) require county agency participation in training and 76.25 technical assistance programs to promote compliance with 76.26 statutes, rules, federal laws, regulations, and policies 76.27 governing human services; 76.28 (b) monitor, on an ongoing basis, the performance of county 76.29 agencies in the operation and administration of human services, 76.30 enforce compliance with statutes, rules, federal laws, 76.31 regulations, and policies governing welfare services and promote 76.32 excellence of administration and program operation; 76.33 (c) develop a quality control program or other monitoring 76.34 program to review county performance and accuracy of benefit 76.35 determinations; 76.36 (d) require county agencies to make an adjustment to the 77.1 public assistance benefits issued to any individual consistent 77.2 with federal law and regulation and state law and rule and to 77.3 issue or recover benefits as appropriate; 77.4 (e) delay or deny payment of all or part of the state and 77.5 federal share of benefits and administrative reimbursement 77.6 according to the procedures set forth in section 256.017; 77.7 (f) make contracts with and grants to public and private 77.8 agencies and organizations, both profit and nonprofit, and 77.9 individuals, using appropriated funds; and 77.10 (g) enter into contractual agreements with federally 77.11 recognized Indian tribes with a reservation in Minnesota to the 77.12 extent necessary for the tribe to operate a federally approved 77.13 family assistance program or any other program under the 77.14 supervision of the commissioner. The commissioner shall consult 77.15 with the affected county or counties in the contractual 77.16 agreement negotiations, if the county or counties wish to be 77.17 included, in order to avoid the duplication of county and tribal 77.18 assistance program services. The commissioner may establish 77.19 necessary accounts for the purposes of receiving and disbursing 77.20 funds as necessary for the operation of the programs. 77.21 (2) Inform county agencies, on a timely basis, of changes 77.22 in statute, rule, federal law, regulation, and policy necessary 77.23 to county agency administration of the programs. 77.24 (3) Administer and supervise all child welfare activities; 77.25 promote the enforcement of laws protecting handicapped, 77.26 dependent, neglected and delinquent children, and children born 77.27 to mothers who were not married to the children's fathers at the 77.28 times of the conception nor at the births of the children; 77.29 license and supervise child-caring and child-placing agencies 77.30 and institutions; supervise the care of children in boarding and 77.31 foster homes or in private institutions; and generally perform 77.32 all functions relating to the field of child welfare now vested 77.33 in the state board of control. 77.34 (4) Administer and supervise all noninstitutional service 77.35 to handicapped persons, including those who are visually 77.36 impaired, hearing impaired, or physically impaired or otherwise 78.1 handicapped. The commissioner may provide and contract for the 78.2 care and treatment of qualified indigent children in facilities 78.3 other than those located and available at state hospitals when 78.4 it is not feasible to provide the service in state hospitals. 78.5 (5) Assist and actively cooperate with other departments, 78.6 agencies and institutions, local, state, and federal, by 78.7 performing services in conformity with the purposes of Laws 78.8 1939, chapter 431. 78.9 (6) Act as the agent of and cooperate with the federal 78.10 government in matters of mutual concern relative to and in 78.11 conformity with the provisions of Laws 1939, chapter 431, 78.12 including the administration of any federal funds granted to the 78.13 state to aid in the performance of any functions of the 78.14 commissioner as specified in Laws 1939, chapter 431, and 78.15 including the promulgation of rules making uniformly available 78.16 medical care benefits to all recipients of public assistance, at 78.17 such times as the federal government increases its participation 78.18 in assistance expenditures for medical care to recipients of 78.19 public assistance, the cost thereof to be borne in the same 78.20 proportion as are grants of aid to said recipients. 78.21 (7) Establish and maintain any administrative units 78.22 reasonably necessary for the performance of administrative 78.23 functions common to all divisions of the department. 78.24 (8) Act as designated guardian of both the estate and the 78.25 person of all the wards of the state of Minnesota, whether by 78.26 operation of law or by an order of court, without any further 78.27 act or proceeding whatever, except as to persons committed as 78.28 mentally retarded. For children under the guardianship of the 78.29 commissioner whose interests would be best served by adoptive 78.30 placement, the commissioner may contract with a licensed 78.31 child-placing agency to provide adoption services. A contract 78.32 with a licensed child-placing agency must be designed to 78.33 supplement existing county efforts and may not replace existing 78.34 county programs, unless the replacement is agreed to by the 78.35 county board and the appropriate exclusive bargaining 78.36 representative or the commissioner has evidence that child 79.1 placements of the county continue to be substantially below that 79.2 of other counties. 79.3 (9) Act as coordinating referral and informational center 79.4 on requests for service for newly arrived immigrants coming to 79.5 Minnesota. 79.6 (10) The specific enumeration of powers and duties as 79.7 hereinabove set forth shall in no way be construed to be a 79.8 limitation upon the general transfer of powers herein contained. 79.9 (11) Establish county, regional, or statewide schedules of 79.10 maximum fees and charges which may be paid by county agencies 79.11 for medical, dental, surgical, hospital, nursing and nursing 79.12 home care and medicine and medical supplies under all programs 79.13 of medical care provided by the state and for congregate living 79.14 care under the income maintenance programs. 79.15 (12) Have the authority to conduct and administer 79.16 experimental projects to test methods and procedures of 79.17 administering assistance and services to recipients or potential 79.18 recipients of public welfare. To carry out such experimental 79.19 projects, it is further provided that the commissioner of human 79.20 services is authorized to waive the enforcement of existing 79.21 specific statutory program requirements, rules, and standards in 79.22 one or more counties. The order establishing the waiver shall 79.23 provide alternative methods and procedures of administration, 79.24 shall not be in conflict with the basic purposes, coverage, or 79.25 benefits provided by law, and in no event shall the duration of 79.26 a project exceed four years. It is further provided that no 79.27 order establishing an experimental project as authorized by the 79.28 provisions of this section shall become effective until the 79.29 following conditions have been met: 79.30 (a) The secretary of health, education, and welfare of the 79.31 United States has agreed, for the same project, to waive state 79.32 plan requirements relative to statewide uniformity. 79.33 (b) A comprehensive plan, including estimated project 79.34 costs, shall be approved by the legislative advisory commission 79.35 and filed with the commissioner of administration. 79.36 (13) According to federal requirements, establish 80.1 procedures to be followed by local welfare boards in creating 80.2 citizen advisory committees, including procedures for selection 80.3 of committee members. 80.4 (14) Allocate federal fiscal disallowances or sanctions 80.5 which are based on quality control error rates for the aid to 80.6 families with dependent children, Minnesota family investment 80.7 program-statewide, medical assistance, or food stamp program in 80.8 the following manner: 80.9 (a) One-half of the total amount of the disallowance shall 80.10 be borne by the county boards responsible for administering the 80.11 programs. For the medical assistance, MFIP-S, and AFDC 80.12 programs, disallowances shall be shared by each county board in 80.13 the same proportion as that county's expenditures for the 80.14 sanctioned program are to the total of all counties' 80.15 expenditures for the AFDC, MFIP-S, and medical assistance 80.16 programs. For the food stamp program, sanctions shall be shared 80.17 by each county board, with 50 percent of the sanction being 80.18 distributed to each county in the same proportion as that 80.19 county's administrative costs for food stamps are to the total 80.20 of all food stamp administrative costs for all counties, and 50 80.21 percent of the sanctions being distributed to each county in the 80.22 same proportion as that county's value of food stamp benefits 80.23 issued are to the total of all benefits issued for all 80.24 counties. Each county shall pay its share of the disallowance 80.25 to the state of Minnesota. When a county fails to pay the 80.26 amount due hereunder, the commissioner may deduct the amount 80.27 from reimbursement otherwise due the county, or the attorney 80.28 general, upon the request of the commissioner, may institute 80.29 civil action to recover the amount due. 80.30 (b) Notwithstanding the provisions of paragraph (a), if the 80.31 disallowance results from knowing noncompliance by one or more 80.32 counties with a specific program instruction, and that knowing 80.33 noncompliance is a matter of official county board record, the 80.34 commissioner may require payment or recover from the county or 80.35 counties, in the manner prescribed in paragraph (a), an amount 80.36 equal to the portion of the total disallowance which resulted 81.1 from the noncompliance, and may distribute the balance of the 81.2 disallowance according to paragraph (a). 81.3 (15) Develop and implement special projects that maximize 81.4 reimbursements and result in the recovery of money to the 81.5 state. For the purpose of recovering state money, the 81.6 commissioner may enter into contracts with third parties. Any 81.7 recoveries that result from projects or contracts entered into 81.8 under this paragraph shall be deposited in the state treasury 81.9 and credited to a special account until the balance in the 81.10 account reaches $1,000,000. When the balance in the account 81.11 exceeds $1,000,000, the excess shall be transferred and credited 81.12 to the general fund. All money in the account is appropriated 81.13 to the commissioner for the purposes of this paragraph. 81.14 (16) Have the authority to make direct payments to 81.15 facilities providing shelter to women and their children 81.16 according to section 256D.05, subdivision 3. Upon the written 81.17 request of a shelter facility that has been denied payments 81.18 under section 256D.05, subdivision 3, the commissioner shall 81.19 review all relevant evidence and make a determination within 30 81.20 days of the request for review regarding issuance of direct 81.21 payments to the shelter facility. Failure to act within 30 days 81.22 shall be considered a determination not to issue direct payments. 81.23 (17) Have the authority to establish and enforce the 81.24 following county reporting requirements: 81.25 (a) The commissioner shall establish fiscal and statistical 81.26 reporting requirements necessary to account for the expenditure 81.27 of funds allocated to counties for human services programs. 81.28 When establishing financial and statistical reporting 81.29 requirements, the commissioner shall evaluate all reports, in 81.30 consultation with the counties, to determine if the reports can 81.31 be simplified or the number of reports can be reduced. 81.32 (b) The county board shall submit monthly or quarterly 81.33 reports to the department as required by the commissioner. 81.34 Monthly reports are due no later than 15 working days after the 81.35 end of the month. Quarterly reports are due no later than 30 81.36 calendar days after the end of the quarter, unless the 82.1 commissioner determines that the deadline must be shortened to 82.2 20 calendar days to avoid jeopardizing compliance with federal 82.3 deadlines or risking a loss of federal funding. Only reports 82.4 that are complete, legible, and in the required format shall be 82.5 accepted by the commissioner. 82.6 (c) If the required reports are not received by the 82.7 deadlines established in clause (b), the commissioner may delay 82.8 payments and withhold funds from the county board until the next 82.9 reporting period. When the report is needed to account for the 82.10 use of federal funds and the late report results in a reduction 82.11 in federal funding, the commissioner shall withhold from the 82.12 county boards with late reports an amount equal to the reduction 82.13 in federal funding until full federal funding is received. 82.14 (d) A county board that submits reports that are late, 82.15 illegible, incomplete, or not in the required format for two out 82.16 of three consecutive reporting periods is considered 82.17 noncompliant. When a county board is found to be noncompliant, 82.18 the commissioner shall notify the county board of the reason the 82.19 county board is considered noncompliant and request that the 82.20 county board develop a corrective action plan stating how the 82.21 county board plans to correct the problem. The corrective 82.22 action plan must be submitted to the commissioner within 45 days 82.23 after the date the county board received notice of noncompliance. 82.24 (e) The final deadline for fiscal reports or amendments to 82.25 fiscal reports is one year after the date the report was 82.26 originally due. If the commissioner does not receive a report 82.27 by the final deadline, the county board forfeits the funding 82.28 associated with the report for that reporting period and the 82.29 county board must repay any funds associated with the report 82.30 received for that reporting period. 82.31 (f) The commissioner may not delay payments, withhold 82.32 funds, or require repayment under paragraph (c) or (e) if the 82.33 county demonstrates that the commissioner failed to provide 82.34 appropriate forms, guidelines, and technical assistance to 82.35 enable the county to comply with the requirements. If the 82.36 county board disagrees with an action taken by the commissioner 83.1 under paragraph (c) or (e), the county board may appeal the 83.2 action according to sections 14.57 to 14.69. 83.3 (g) Counties subject to withholding of funds under 83.4 paragraph (c) or forfeiture or repayment of funds under 83.5 paragraph (e) shall not reduce or withhold benefits or services 83.6 to clients to cover costs incurred due to actions taken by the 83.7 commissioner under paragraph (c) or (e). 83.8 (18) Allocate federal fiscal disallowances or sanctions for 83.9 audit exceptions when federal fiscal disallowances or sanctions 83.10 are based on a statewide random sample for the foster care 83.11 program under title IV-E of the Social Security Act, United 83.12 States Code, title 42, in direct proportion to each county's 83.13 title IV-E foster care maintenance claim for that period. 83.14 (19) Be responsible for ensuring the detection, prevention, 83.15 investigation, and resolution of fraudulent activities or 83.16 behavior by applicants, recipients, and other participants in 83.17 the human services programs administered by the department. 83.18 (20) Require county agencies to identify overpayments, 83.19 establish claims, and utilize all available and cost-beneficial 83.20 methodologies to collect and recover these overpayments in the 83.21 human services programs administered by the department. 83.22 (21) Have the authority to administer a drug rebate program 83.23 for drugs purchased pursuant to the senior citizen drug program 83.24 established under section 256.955 after the beneficiary's 83.25 satisfaction of any deductible established in the program. The 83.26 commissioner shall require a rebate agreement from all 83.27 manufacturers of covered drugs as defined in section 256B.0625, 83.28 subdivision 13. For each drug, the amount of the rebate shall 83.29 be equal to the basic rebate as defined for purposes of the 83.30 federal rebate program in United States Code, title 42, section 83.31 1396r-8(c)(1). This basic rebate shall be applied to 83.32 single-source and multiple-source drugs. The manufacturers must 83.33 provide full payment within 30 days of receipt of the state 83.34 invoice for the rebate within the terms and conditions used for 83.35 the federal rebate program established pursuant to section 1927 83.36 of title XIX of the Social Security Act. The manufacturers must 84.1 provide the commissioner with any information necessary to 84.2 verify the rebate determined per drug. The rebate program shall 84.3 utilize the terms and conditions used for the federal rebate 84.4 program established pursuant to section 1927 of title XIX of the 84.5 Social Security Act. 84.6 (22) Develop recommended standards for foster care homes 84.7 that address the components of specialized therapeutic services 84.8 to be provided by foster care homes with those services. 84.9 Sec. 4. Minnesota Statutes 1998, section 260.151, 84.10 subdivision 3, is amended to read: 84.11 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 84.12 local social services agency , at its option, mayshall establish 84.13 a juvenile treatment screening team to conduct screenings and 84.14 prepare case plans under this subdivision. The team, which may 84.15 be the team constituted under section 245.4885 or 256B.092 or 84.16 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 84.17 social workers, juvenile justice professionals, and persons with 84.18 expertise in the treatment of juveniles who are emotionally 84.19 disabled, chemically dependent, or have a developmental 84.20 disability. The team shall involve parents or guardians in the 84.21 screening process as appropriate. 84.22 (b) This paragraph applies only in counties that have84.23 established a juvenile treatment screening team under paragraph84.24 (a).If the court, prior to, or as part of, a final 84.25 disposition, proposes to place a child: 84.26 (1) for the primary purpose of treatment for an emotional 84.27 disturbance, a developmental disability, or chemical dependency 84.28 in a residential treatment facility out of state or in one which 84.29 is within the state and licensed by the commissioner of human 84.30 services under chapter 245A; or 84.31 (2) in any out-of-home setting potentially exceeding 30 84.32 days in duration, including a postdispositional placement in a 84.33 facility licensed by the commissioner of corrections or human 84.34 services, 84.35 the court shall notify the county welfare agency. The county's 84.36 juvenile treatment screening team must either: (1) screen and 85.1 evaluate the child and file its recommendations with the court 85.2 within 14 days of receipt of the notice; or (2) elect not to 85.3 screen a given case, and notify the court of that decision 85.4 within three working days. 85.5 (c) If the screening team has elected to screen and 85.6 evaluate the child, the child may not be placed for the primary 85.7 purpose of treatment for an emotional disturbance, a 85.8 developmental disability, or chemical dependency, in a 85.9 residential treatment facility out of state nor in a residential 85.10 treatment facility within the state that is licensed under 85.11 chapter 245A, unless one of the following conditions applies: 85.12 (1) a treatment professional certifies that an emergency 85.13 requires the placement of the child in a facility within the 85.14 state; 85.15 (2) the screening team has evaluated the child and 85.16 recommended that a residential placement is necessary to meet 85.17 the child's treatment needs and the safety needs of the 85.18 community, that it is a cost-effective means of meeting the 85.19 treatment needs, and that it will be of therapeutic value to the 85.20 child; or 85.21 (3) the court, having reviewed a screening team 85.22 recommendation against placement, determines to the contrary 85.23 that a residential placement is necessary. The court shall 85.24 state the reasons for its determination in writing, on the 85.25 record, and shall respond specifically to the findings and 85.26 recommendation of the screening team in explaining why the 85.27 recommendation was rejected. The attorney representing the 85.28 child and the prosecuting attorney shall be afforded an 85.29 opportunity to be heard on the matter. 85.30 Sec. 5. [260.154] [CLASSIFICATION SYSTEM FOR JUVENILE 85.31 OFFENDERS.] 85.32 Each county shall develop a written policy for classifying 85.33 juvenile offenders. The policy must include methods to classify 85.34 the reoffense risk and service needs of juvenile offenders. In 85.35 developing its policy, each county, to the extent practicable, 85.36 shall consult with the department of corrections and attempt to 86.1 achieve compatibility with other counties' classification 86.2 systems. The department of corrections shall cooperate with 86.3 counties in the development of their classification systems by 86.4 offering training programs, explaining existing county risk 86.5 assessment practices, and providing other requested services. 86.6 Sec. 6. Minnesota Statutes 1998, section 260.181, is 86.7 amended by adding a subdivision to read: 86.8 Subd. 3b. [INTENDED OUTCOMES.] When the court orders an 86.9 out-of-home placement disposition for a child, the court shall 86.10 state in its disposition order the intended outcome of the 86.11 placement. 86.12 Sec. 7. Minnesota Statutes 1998, section 260.185, is 86.13 amended by adding a subdivision to read: 86.14 Subd. 1d. [CASE PLAN.] (a) For each disposition ordered 86.15 for an out-of-home placement potentially exceeding 30 days, the 86.16 court shall order the appropriate agency to develop a case plan 86.17 in consultation with the child's parent or parents, guardian or 86.18 custodian, and other appropriate parties. At a minimum, the 86.19 case plan must specify: 86.20 (1) the actions to be taken by the child and, if 86.21 appropriate, the child's parent, guardian, or custodian to 86.22 insure the child's safety, future lawful conduct, and compliance 86.23 with the court's disposition order; and 86.24 (2) the services to be offered and provided by the agency 86.25 to the child and, if appropriate, the child's parent, guardian, 86.26 or custodian. 86.27 (b) The court shall review the case plan and, upon 86.28 approving it, incorporate it into its disposition order. The 86.29 court may review and modify the terms of the case plan as 86.30 appropriate. A party has a right to request a court review of 86.31 the reasonableness of the case plan upon a showing of a 86.32 substantial change of circumstances. 86.33 Sec. 8. [260.196] [COUNTY RESPONSIBILITY FOR TRANSITIONAL 86.34 SERVICES PLANS.] 86.35 When a child is subject to a court dispositional order 86.36 resulting in an out-of-home placement potentially exceeding 30 87.1 days in a residential program under this chapter, the county in 87.2 which the court is located is responsible for monitoring the 87.3 implementation of a transitional service plan upon the child's 87.4 discharge from the program. The county's responsibility 87.5 includes ensuring that after-care services are arranged for and 87.6 provided to the child. 87.7 Sec. 9. [260.197] [REPORTS ON ACHIEVEMENT OF GOALS OF 87.8 COURT-ORDERED OUT-OF-HOME PLACEMENTS.] 87.9 By January 15, 2002, and each January 15 after that, the 87.10 commissioners of corrections and human services shall report to 87.11 the legislature on the extent to which the goals of 87.12 court-ordered out-of-home placements required under section 87.13 260.181, subdivision 3b, are being met. 87.14 Sec. 10. Minnesota Statutes 1998, section 340A.415, is 87.15 amended to read: 87.16 340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 87.17 Subdivision 1. [GENERALLY.] On a finding that the license 87.18 or permit holder has (1) sold alcoholic beverages to another 87.19 retail licensee for the purpose of resale, (2) purchased 87.20 alcoholic beverages from another retail licensee for the purpose 87.21 of resale, (3) conducted or permitted the conduct of gambling on 87.22 the licensed premises in violation of the law, (4) failed to 87.23 remove or dispose of alcoholic beverages when ordered by the 87.24 commissioner to do so under section 340A.508, subdivision 3, or 87.25 (5) failed to comply with an applicable statute, rule, or 87.26 ordinance relating to alcoholic beverages, the commissioner or 87.27 the authority issuing a retail license or permit under this 87.28 chapter may revoke the license or permit, suspend the license or 87.29 permit for up to 60 days, impose a civil penalty of up to $2,000 87.30 for each violation, or impose any combination of these 87.31 sanctions. No suspension or revocation takes effect until the 87.32 license or permit holder has been given an opportunity for a 87.33 hearing under sections 14.57 to 14.69 of the Administrative 87.34 Procedure Act. This section does not require a political 87.35 subdivision to conduct the hearing before an employee of the of 87.36 administrative hearings. Imposition of a penalty or suspension 88.1 by either the issuing authority or the commissioner does not 88.2 preclude imposition of an additional penalty or suspension by 88.3 the other so long as the total penalty or suspension does not 88.4 exceed the stated maximum. 88.5 Subd. 2. [MANDATORY PENALTIES; SALE TO PERSONS UNDER 88.6 21.] (a) A licensee who violates section 340A.503 shall be 88.7 charged a civil penalty of at least $250. A civil penalty of at 88.8 least $500 must be imposed for a second violation at the same 88.9 location within 24 months after the initial violation. For a 88.10 third violation at the same location within 24 months after the 88.11 initial violation, a civil penalty of at least $500 must be 88.12 imposed, and the licensee's authority to sell alcoholic 88.13 beverages at that location must be suspended for not less than 88.14 three days. No suspension or penalty may take effect until the 88.15 licensee has been given an opportunity for a hearing as provided 88.16 in subdivision 1. 88.17 (b) An individual who sells alcoholic beverages to a person 88.18 under the age of 21 years must be charged a civil penalty of at 88.19 least $50. No penalty may be imposed until the individual has 88.20 been given an opportunity for a hearing as provided in 88.21 subdivision 1. 88.22 (c) The licensing authority may waive the penalties 88.23 described in this subdivision when the licensee is an active 88.24 participant in professional research conducted by a 88.25 post-secondary educational institution or a state, county, or 88.26 local health department. 88.27 Sec. 11. Laws 1997, chapter 85, article 3, section 53, is 88.28 amended to read: 88.29 Sec. 53. [TRANSFER OF RESPONSIBILITIES FOR PROVIDING 88.30 SECURE CRISIS SHELTER.] 88.31 In state fiscal year 20002001, all the powers, duties, and 88.32 functions of the commissioner of human services relating to the 88.33 operation and funding of shelters for battered women are 88.34 transferred to the commissioner of correctionsexecutive 88.35 director of the center for crime victim services in accordance 88.36 with Minnesota Statutes, section 15.039, except for personnel 89.1 transfers under Minnesota Statutes, section 15.039, subdivision 89.2 7. 89.3 No payments by the general assistance program under 89.4 Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a, 89.5 will be made after June 30, 2000. 89.6 Sec. 12. [TASK FORCE ON JUVENILE OUT-OF-HOME PLACEMENT 89.7 GOALS.] 89.8 Subdivision 1. [TASK FORCE ESTABLISHED.] The chief justice 89.9 of the supreme court is requested to convene a task force on 89.10 juvenile out-of-home placement goals. If the task force is 89.11 convened, it shall: 89.12 (1) develop a uniform list of possible out-of-home 89.13 placement goals for juvenile court dispositions from which 89.14 judges could select when complying with Minnesota Statutes, 89.15 section 260.181, subdivision 3b; and 89.16 (2) identify steps required to be taken by state agencies 89.17 to collect and report summary information on the achievement of 89.18 these goals. 89.19 The task force shall specify which agencies should collect 89.20 the information and identify costs related to collecting it. 89.21 Subd. 2. [MEMBERSHIP.] The chief justice should invite 89.22 individuals with a demonstrated interest and experience in 89.23 issues related to juvenile out-of-home placements to join the 89.24 task force. In addition, the chief justice should invite 89.25 legislators and representatives from the executive branch to 89.26 join the task force, as well as representatives from county 89.27 corrections agencies and communities of color. 89.28 Subd. 3. [REPORT REQUIRED.] By January 15, 2001, the task 89.29 force shall report its recommendations to the chairs and ranking 89.30 minority members of the senate and house committees having 89.31 jurisdiction over issues related to criminal justice, civil law, 89.32 and human services. The report must identify any changes 89.33 required in law to implement its recommendations. The task 89.34 force expires upon submission of its report. 89.35 Sec. 13. [TASK FORCE ON INFORMATION COLLECTION FOR 89.36 OUT-OF-HOME PLACEMENTS.] 90.1 Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners 90.2 of corrections and human services shall convene a task force to 90.3 identify ways to collect comprehensive statewide information on 90.4 juvenile out-of-home placement spending and individual juvenile 90.5 out-of-home placements. The task force shall review and address 90.6 the findings made in the January 1999 juvenile out-of-home 90.7 placement program evaluation report prepared by the office of 90.8 the legislative auditor. The task force shall identify ways for 90.9 county corrections agencies to report information on all 90.10 individual out-of-home placements, including preadjudication 90.11 detention and postadjudication placements. The task force shall 90.12 also identify ways to coordinate with the data collection 90.13 requirements of the umbrella rule. The task force expires upon 90.14 submission of its recommendations to the commissioners. 90.15 Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the 90.16 commissioners of corrections and human services shall report to 90.17 the chairs and ranking minority members of the senate and house 90.18 committees having jurisdiction over issues related to criminal 90.19 justice, civil law, and human services on the recommendations of 90.20 the task force. 90.21 Sec. 14. [TASK FORCE ON RESIDENTIAL PROGRAM COMPLETION 90.22 INFORMATION.] 90.23 Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners 90.24 of corrections and human services shall convene a task force to 90.25 adopt uniform definitions for measuring residential program 90.26 completion rates for juveniles placed in residential facilities. 90.27 Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the 90.28 commissioners of corrections and human services shall report to 90.29 the chairs and ranking minority members of the senate and house 90.30 committees having jurisdiction over issues related to criminal 90.31 justice, civil law, and human services on the recommendations of 90.32 the task force. The task force expires upon submission of its 90.33 recommendations to the commissioners. 90.34 Sec. 15. [CULTURALLY APPROPRIATE SERVICES FOR JUVENILES.] 90.35 Subdivision 1. [IDENTIFICATION OF BEST PRACTICES 90.36 REQUIRED.] The commissioners of corrections and human services 91.1 shall study issues involving providing culturally appropriate 91.2 screening, assessment, case management, and direct services for 91.3 juveniles in juvenile court. The commissioners shall identify a 91.4 set of best practices in these areas and make these recommended 91.5 best practices available to the staffs of juvenile residential 91.6 facilities and counties. 91.7 Subd. 2. [REPORT.] By January 15, 2001, the commissioners 91.8 of corrections and human services shall report their findings 91.9 and recommendations to the chairs and ranking minority members 91.10 of the senate and house committees having jurisdiction over 91.11 issues related to criminal justice, civil law, and human 91.12 services. 91.13 Sec. 16. [DEPARTMENT OF HUMAN SERVICES JUVENILE 91.14 OUT-OF-HOME PLACEMENT DATABASE.] 91.15 The department of human services shall continue to review 91.16 and monitor the social services information system to ensure the 91.17 accuracy and completeness of data on juvenile out-of-home 91.18 placements, including the number of children in out-of-home 91.19 placements, characteristics of those children, days spent in 91.20 placement, outcomes of placements, and other data necessary to 91.21 evaluate the out-of-home placement of juveniles on a county and 91.22 statewide basis. To the extent possible, the department shall 91.23 identify and correct errors and omissions in its current 91.24 database in order to facilitate future analyses and comparisons 91.25 of juvenile out-of-home placements. 91.26 Sec. 17. [REPEALER.] 91.27 Minnesota Statutes 1998, section 256D.05, subdivisions 3 91.28 and 3a, are repealed. 91.29 Sec. 18. [EFFECTIVE DATES.] 91.30 Sections 8 and 17 are effective July 1, 2000. Section 10 91.31 is effective the day following final enactment. 91.32 ARTICLE 7 91.33 STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS; 91.34 COLLECTIVE BARGAINING 91.35 Section 1. Minnesota Statutes 1998, section 43A.02, 91.36 subdivision 25, is amended to read: 92.1 Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all 92.2 judges of the appellate courts, all employees of the appellate 92.3 courts, including commissions, boards, and committees 92.4 established by the supreme court, the board of law examiners, 92.5 the law library, the office of the state public defender, 92.6 district public defenders and their employees, all judges of all 92.7 courts of law, district court referees, judicial officers, court 92.8 reporters, law clerks, district administration employees under 92.9 section 484.68, court administrator or employee of the court and92.10 guardian ad litem program employeesin the eightha judicial 92.11 district under section 480.181, subdivision 1, paragraph (b), 92.12 guardian ad litem program employees, and other agencies placed 92.13 in the judicial branch by law. Judicial branch does not include 92.14 district administration or public defenders or their employees 92.15 in the second and fourth judicial districts, court 92.16 administrators not under section 480.181, subdivision 1, 92.17 paragraph (b), or their staff under chapter 485, guardians ad92.18 litem,or other employees within the court system whose salaries 92.19 are paid by the county, other than employees who remain on the 92.20 county payroll under section 480.181, subdivision 2. 92.21 Sec. 2. Minnesota Statutes 1998, section 43A.24, 92.22 subdivision 2, is amended to read: 92.23 Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons 92.24 are eligible for state paid life insurance and hospital, 92.25 medical, and dental benefits as determined in applicable 92.26 collective bargaining agreements or by the commissioner or by 92.27 plans pursuant to section 43A.18, subdivision 6, or by the board 92.28 of regents for employees of the University of Minnesota not 92.29 covered by collective bargaining agreements. Coverages made 92.30 available, including optional coverages, are as contained in the 92.31 plan established pursuant to section 43A.18, subdivision 2: 92.32 (a) a member of the state legislature, provided that 92.33 changes in benefits resulting in increased costs to the state 92.34 shall not be effective until expiration of the term of the 92.35 members of the existing house of representatives. An eligible 92.36 member of the state legislature may decline to be enrolled for 93.1 state paid coverages by filing a written waiver with the 93.2 commissioner. The waiver shall not prohibit the member from 93.3 enrolling the member or dependents for optional coverages, 93.4 without cost to the state, as provided for in section 43A.26. A 93.5 member of the state legislature who returns from a leave of 93.6 absence to a position previously occupied in the civil service 93.7 shall be eligible to receive the life insurance and hospital, 93.8 medical, and dental benefits to which the position is entitled; 93.9 (b) a permanent employee of the legislature or a permanent 93.10 employee of a permanent study or interim committee or commission 93.11 or a state employee on leave of absence to work for the 93.12 legislature, during a regular or special legislative session; 93.13 (c) a judge of the appellate courts or an officer or 93.14 employee of these courts; a judge of the district court, a judge 93.15 of county court, or a judge of county municipal court; a 93.16 district court referee, judicial officer, court reporter, or law 93.17 clerk; a district administrator; an employee of the office of 93.18 the district administrator that is not in the second or fourth 93.19 judicial district; a court administrator or employee of the 93.20 court administrator in the eightha judicial district under 93.21 section 480.181, subdivision 1, paragraph (b), and a guardian ad 93.22 litem program administrator in the eighth judicial93.23 districtemployee; 93.24 (d) a salaried employee of the public employees retirement 93.25 association; 93.26 (e) a full-time military or civilian officer or employee in 93.27 the unclassified service of the department of military affairs 93.28 whose salary is paid from state funds; 93.29 (f) a salaried employee of the Minnesota historical 93.30 society, whether paid from state funds or otherwise, who is not 93.31 a member of the governing board; 93.32 (g) an employee of the regents of the University of 93.33 Minnesota; 93.34 (h) notwithstanding section 43A.27, subdivision 3, an 93.35 employee of the state of Minnesota or the regents of the 93.36 University of Minnesota who is at least 60 and not yet 65 years 94.1 of age on July 1, 1982, who is otherwise eligible for employee 94.2 and dependent insurance and benefits pursuant to section 43A.18 94.3 or other law, who has at least 20 years of service and retires, 94.4 earlier than required, within 60 days of March 23, 1982; or an 94.5 employee who is at least 60 and not yet 65 years of age on July 94.6 1, 1982, who has at least 20 years of state service and retires, 94.7 earlier than required, from employment at Rochester state 94.8 hospital after July 1, 1981; or an employee who is at least 55 94.9 and not yet 65 years of age on July 1, 1982, and is covered by 94.10 the Minnesota state retirement system correctional employee 94.11 retirement plan or the state patrol retirement fund, who has at 94.12 least 20 years of state service and retires, earlier than 94.13 required, within 60 days of March 23, 1982. For purposes of 94.14 this clause, a person retires when the person terminates active 94.15 employment in state or University of Minnesota service and 94.16 applies for a retirement annuity. Eligibility shall cease when 94.17 the retired employee attains the age of 65, or when the employee 94.18 chooses not to receive the annuity that the employee has applied 94.19 for. The retired employee shall be eligible for coverages to 94.20 which the employee was entitled at the time of retirement, 94.21 subject to any changes in coverage through collective bargaining 94.22 or plans established pursuant to section 43A.18, for employees 94.23 in positions equivalent to that from which retired, provided 94.24 that the retired employee shall not be eligible for state-paid 94.25 life insurance. Coverages shall be coordinated with relevant 94.26 health insurance benefits provided through the federally 94.27 sponsored Medicare program; 94.28 (i) an employee of an agency of the state of Minnesota 94.29 identified through the process provided in this paragraph who is 94.30 eligible to retire prior to age 65. The commissioner and the 94.31 exclusive representative of state employees shall enter into 94.32 agreements under section 179A.22 to identify employees whose 94.33 positions are in programs that are being permanently eliminated 94.34 or reduced due to federal or state policies or practices. 94.35 Failure to reach agreement identifying these employees is not 94.36 subject to impasse procedures provided in chapter 179A. The 95.1 commissioner must prepare a plan identifying eligible employees 95.2 not covered by a collective bargaining agreement in accordance 95.3 with the process outlined in section 43A.18, subdivisions 2 and 95.4 3. For purposes of this paragraph, a person retires when the 95.5 person terminates active employment in state service and applies 95.6 for a retirement annuity. Eligibility ends as provided in the 95.7 agreement or plan, but must cease at the end of the month in 95.8 which the retired employee chooses not to receive an annuity, or 95.9 the employee is eligible for employer-paid health insurance from 95.10 a new employer. The retired employees shall be eligible for 95.11 coverages to which they were entitled at the time of retirement, 95.12 subject to any changes in coverage through collective bargaining 95.13 or plans established under section 43A.18 for employees in 95.14 positions equivalent to that from which they retired, provided 95.15 that the retired employees shall not be eligible for state-paid 95.16 life insurance; 95.17 (j) employees of the state public defender's office, and95.18 district public defenders and their employees other than in the95.19 second and fourth judicial districtsstate board of public 95.20 defense, with eligibility determined by the state board of 95.21 public defense in consultation with the commissioner of employee 95.22 relations; and 95.23 (k) employees of the health data institute under section 95.24 62J.451, subdivision 12, as paid for by the health data 95.25 institute. 95.26 Sec. 3. Minnesota Statutes 1998, section 179A.03, 95.27 subdivision 7, is amended to read: 95.28 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 95.29 firefighters, peace officers subject to licensure under sections 95.30 626.84 to 626.863, 911 system and police and fire department 95.31 public safety dispatchers, guards at correctional facilities, 95.32 confidential employees, supervisory employees, assistant county 95.33 attorneys, assistant city attorneys, principals, and assistant 95.34 principals. However, for state employees, "essential employee" 95.35 means all employees in law enforcement, health care 95.36 professionals, correctional guards, professional engineering, 96.1 and supervisory collective bargaining units, irrespective of 96.2 severance, and no other employees. For University of Minnesota 96.3 employees, "essential employee" means all employees in law 96.4 enforcement, nursing professional and supervisory units, 96.5 irrespective of severance, and no other employees. 96.6 "Firefighters" means salaried employees of a fire department 96.7 whose duties include, directly or indirectly, controlling, 96.8 extinguishing, preventing, detecting, or investigating 96.9 fires. Employees for whom the state court administrator is the 96.10 negotiating employer are not essential employees. 96.11 Sec. 4. Minnesota Statutes 1998, section 179A.03, 96.12 subdivision 14, is amended to read: 96.13 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or 96.14 "employee" means any person appointed or employed by a public 96.15 employer except: 96.16 (a) elected public officials; 96.17 (b) election officers; 96.18 (c) commissioned or enlisted personnel of the Minnesota 96.19 national guard; 96.20 (d) emergency employees who are employed for emergency work 96.21 caused by natural disaster; 96.22 (e) part-time employees whose service does not exceed the 96.23 lesser of 14 hours per week or 35 percent of the normal work 96.24 week in the employee's appropriate unit; 96.25 (f) employees whose positions are basically temporary or 96.26 seasonal in character and: (1) are not for more than 67 working 96.27 days in any calendar year; or (2) are not for more than 100 96.28 working days in any calendar year and the employees are under 96.29 the age of 22, are full-time students enrolled in a nonprofit or 96.30 public educational institution prior to being hired by the 96.31 employer, and have indicated, either in an application for 96.32 employment or by being enrolled at an educational institution 96.33 for the next academic year or term, an intention to continue as 96.34 students during or after their temporary employment; 96.35 (g) employees providing services for not more than two 96.36 consecutive quarters to the board of trustees of the Minnesota 97.1 state colleges and universities under the terms of a 97.2 professional or technical services contract as defined in 97.3 section 16C.08, subdivision 1; 97.4 (h) employees of charitable hospitals as defined by section 97.5 179.35, subdivision 3; 97.6 (i) full-time undergraduate students employed by the school 97.7 which they attend under a work-study program or in connection 97.8 with the receipt of financial aid, irrespective of number of 97.9 hours of service per week; 97.10 (j) an individual who is employed for less than 300 hours 97.11 in a fiscal year as an instructor in an adult vocational 97.12 education program; 97.13 (k) an individual hired by a school district or the board 97.14 of trustees of the Minnesota state colleges and universities to 97.15 teach one course for up to four credits for one quarter in a 97.16 year; 97.17 (l) with respect to court employees: 97.18 (1) personal secretaries to judges; 97.19 (2) court reporters; 97.20 (3) law clerks; 97.21 (4) managerial employees; 97.22 (5) confidential employees; and 97.23 (6) supervisory employees. 97.24 The following individuals are public employees regardless 97.25 of the exclusions of clauses (e) and (f): 97.26 (1)(i) An employee hired by a school district or the board 97.27 of trustees of the Minnesota state colleges and universities 97.28 except at the university established in section 136F.13 or for 97.29 community services or community education instruction offered on 97.30 a noncredit basis: (i)(A) to replace an absent teacher or 97.31 faculty member who is a public employee, where the replacement 97.32 employee is employed more than 30 working days as a replacement 97.33 for that teacher or faculty member; or (ii)(B) to take a 97.34 teaching position created due to increased enrollment, 97.35 curriculum expansion, courses which are a part of the curriculum 97.36 whether offered annually or not, or other appropriate reasons; 98.1 and 98.2 (2)(ii) An employee hired for a position under clause 98.3 (f)(1) if that same position has already been filled under 98.4 clause (f)(1) in the same calendar year and the cumulative 98.5 number of days worked in that same position by all employees 98.6 exceeds 67 calendar days in that year. For the purpose of this 98.7 paragraph, "same position" includes a substantially equivalent 98.8 position if it is not the same position solely due to a change 98.9 in the classification or title of the position. 98.10 Sec. 5. Minnesota Statutes 1998, section 179A.03, 98.11 subdivision 15, is amended to read: 98.12 Subd. 15. [PUBLIC EMPLOYER.] "Public employer" or 98.13 "employer" means: 98.14 (a) the state of Minnesota for employees of the state not 98.15 otherwise provided for in this subdivision or section 179A.10 98.16 for executive branch employees; 98.17 (b) the board of regents of the University of Minnesota for 98.18 its employees; and98.19 (c) the state court administrator for court employees; 98.20 (d) the state board of public defense for its employees; 98.21 and 98.22 (e) notwithstanding any other law to the contrary, the 98.23 governing body of a political subdivision or its agency or 98.24 instrumentality which has final budgetary approval authority for 98.25 its employees. However, the views of elected appointing 98.26 authorities who have standing to initiate interest arbitration, 98.27 and who are responsible for the selection, direction, 98.28 discipline, and discharge of individual employees shall be 98.29 considered by the employer in the course of the discharge of 98.30 rights and duties under sections 179A.01 to 179A.25. 98.31 When two or more units of government subject to sections 98.32 179A.01 to 179A.25 undertake a project or form a new agency 98.33 under law authorizing common or joint action, the employer is 98.34 the governing person or board of the created agency. The 98.35 governing official or body of the cooperating governmental units 98.36 shall be bound by an agreement entered into by the created 99.1 agency according to sections 179A.01 to 179A.25. 99.2 "Public employer" or "employer" does not include a 99.3 "charitable hospital" as defined in section 179.35, subdivision 99.4 2. 99.5 Nothing in this subdivision diminishes the authority 99.6 granted pursuant to law to an appointing authority with respect 99.7 to the selection, direction, discipline, or discharge of an 99.8 individual employee if this action is consistent with general 99.9 procedures and standards relating to selection, direction, 99.10 discipline, or discharge which are the subject of an agreement 99.11 entered into under sections 179A.01 to 179A.25. 99.12 Sec. 6. Minnesota Statutes 1998, section 179A.03, is 99.13 amended by adding a subdivision to read: 99.14 Subd. 20. [COURT EMPLOYEE.] "Court employee" means a 99.15 public employee employed by the supreme court, court of appeals, 99.16 or a judicial district that is under section 480.181, 99.17 subdivision 1, paragraph (b). 99.18 Sec. 7. Minnesota Statutes 1998, section 179A.06, 99.19 subdivision 2, is amended to read: 99.20 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the 99.21 right to form and join labor or employee organizations, and have 99.22 the right not to form and join such organizations. Public 99.23 employees in an appropriate unit have the right by secret ballot 99.24 to designate an exclusive representative to negotiate grievance 99.25 procedures and the terms and conditions of employment with their 99.26 employer. Confidential employees of the state, confidential 99.27 court employees, and theconfidential University of 99.28 Minnesota employees are excluded from bargaining. Supervisory 99.29 and managerial court employees are excluded from bargaining. 99.30 Other confidential employees, supervisory employees, principals, 99.31 and assistant principals may form their own organizations. An 99.32 employer shall extend exclusive recognition to a representative 99.33 of or an organization of supervisory or confidential employees, 99.34 or principals and assistant principals, for the purpose of 99.35 negotiating terms or conditions of employment, in accordance 99.36 with sections 179A.01 to 179A.25, applicable to essential 100.1 employees. 100.2 Supervisory or confidential employee organizations shall 100.3 not participate in any capacity in any negotiations which 100.4 involve units of employees other than supervisory or 100.5 confidential employees. Except for organizations which 100.6 represent supervisors who are: (1) firefighters, peace officers 100.7 subject to licensure under sections 626.84 to 626.863, guards at 100.8 correctional facilities, or employees at hospitals other than 100.9 state hospitals; and (2) not state or University of Minnesota 100.10 employees, a supervisory or confidential employee organization 100.11 which is affiliated with another employee organization which is 100.12 the exclusive representative of nonsupervisory or 100.13 nonconfidential employees of the same public employer shall not 100.14 be certified, or act as, an exclusive representative for the 100.15 supervisory or confidential employees. For the purpose of this 100.16 subdivision, affiliation means either direct or indirect and 100.17 includes affiliation through a federation or joint body of 100.18 employee organizations. 100.19 Sec. 8. Minnesota Statutes 1998, section 179A.10, 100.20 subdivision 4, is amended to read: 100.21 Subd. 4. [OTHER ASSIGNMENTS.] The commissioner shall 100.22 assign state employee classifications, court employee 100.23 classifications, University of Minnesota employee 100.24 classifications, and supervisory positions to the appropriate 100.25 units when the classifications or positions have not been 100.26 assigned under subdivision 2 or section 179A.101 or 179A.11 or 100.27 have been significantly modified in occupational content 100.28 subsequent to assignment under these sections. The assignment 100.29 of the classes shall be made on the basis of the community of 100.30 interest of the majority of employees in these classes with the 100.31 employees within the statutory units. All the employees in a 100.32 class, excluding supervisory and confidential employees, shall 100.33 be assigned to a single appropriate unit. 100.34 Sec. 9. [179A.101] [COURT UNITS.] 100.35 Subdivision 1. [COURT EMPLOYEE UNITS.] (a) The state court 100.36 administrator shall meet and negotiate with the exclusive 101.1 representative of each of the units specified in this section. 101.2 The units provided in this section are the only appropriate 101.3 units for court employees. Court employees, unless otherwise 101.4 excluded, are included within the units which include the 101.5 classifications to which they are assigned for purposes of 101.6 compensation. Initial assignment of classifications to 101.7 bargaining units shall be made by the state court administrator 101.8 by August 15, 1999. An exclusive representative may appeal the 101.9 initial assignment decision of the state court administrator by 101.10 filing a petition with the commissioner within 45 days of being 101.11 certified as the exclusive representative for a judicial 101.12 district. The units in this subdivision are the appropriate 101.13 units of court employees. 101.14 (b) The judicial district unit consists of clerical, 101.15 administrative, and technical employees of a judicial district 101.16 under section 480.181, subdivision 1, paragraph (b), or of two 101.17 or more of these districts that are represented by the same 101.18 employee organization or one or more subordinate bodies of the 101.19 same employee organization. The judicial district unit includes 101.20 individuals, not otherwise excluded, whose work is typically 101.21 clerical or secretarial in nature, including nontechnical data 101.22 recording and retrieval and general office work, and 101.23 individuals, not otherwise excluded, whose work is not typically 101.24 manual and which requires specialized knowledge or skills 101.25 acquired through two-year academic programs or equivalent 101.26 experience or on-the-job training. 101.27 (c) The appellate courts unit consists of clerical, 101.28 administrative, and technical employees of the court of appeals 101.29 and clerical, administrative, and technical employees of the 101.30 supreme court. The appellate courts unit includes individuals, 101.31 not otherwise excluded, whose work is typically clerical or 101.32 secretarial in nature, including nontechnical data recording and 101.33 retrieval and general office work, and individuals, not 101.34 otherwise excluded, whose work is not typically manual and which 101.35 requires specialized knowledge or skills acquired through 101.36 two-year academic programs or equivalent experience or 102.1 on-the-job training. 102.2 (d) The court employees professional employee unit consists 102.3 of professional employees, not otherwise excluded, that are 102.4 employed by the supreme court, the court of appeals, or a 102.5 judicial district under section 480.181, subdivision 1, 102.6 paragraph (b). 102.7 (e) Copies of collective bargaining agreements entered into 102.8 under this section must be submitted to the legislative 102.9 coordinating commission for the commission's information. 102.10 Subd. 2. [EXCLUSIONS.] The following employees are 102.11 excluded from the appropriate units under subdivision 1: 102.12 (1) personal secretaries to judges; 102.13 (2) court reporters; 102.14 (3) law clerks; 102.15 (4) managerial employees; 102.16 (5) confidential employees; and 102.17 (6) supervisory employees. 102.18 Subd. 3. [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN 102.19 ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization 102.20 or one or more subordinate bodies of the same employee 102.21 organization is certified as the exclusive representative of the 102.22 employees in more than one judicial district unit, all judicial 102.23 district units for which the employee organization or one or 102.24 more subordinate bodies of the same employee organization has 102.25 been certified will be combined into one unit and the employee 102.26 organization certified as exclusive representative of the 102.27 employees of the new, combined unit. The commissioner shall 102.28 issue a certification within 45 days of receipt of a petition 102.29 demonstrating that an employee organization or one or more 102.30 subordinate bodies of the same employee organization is 102.31 certified as the exclusive representative of employees in more 102.32 than one judicial district unit. 102.33 Sec. 10. [179A.102] [TRANSITION TO NEW BARGAINING UNIT 102.34 STRUCTURE.] 102.35 Subdivision 1. [APPLICATION OF SECTION.] Notwithstanding 102.36 the provisions of section 179A.12 or any other law, this section 103.1 governs, where contrary to other law, the initial certification 103.2 and decertification, if any, of exclusive representatives for 103.3 the appropriate units established by section 9. Subsequent to 103.4 the initial certification and decertification, if any, pursuant 103.5 to this section, this section does not apply. 103.6 Subd. 2. [EXISTING MAJORITY.] The commissioner shall 103.7 certify an employee organization as exclusive representative for 103.8 an appropriate unit established under section 9 upon a petition 103.9 filed with the commissioner by the organization within 30 days 103.10 of the effective date of the judicial district coming under 103.11 section 480.181, subdivision 1, paragraph (b), demonstrating 103.12 that the petitioner is certified pursuant to section 179A.12 as 103.13 the exclusive representative of a majority of the employees 103.14 included within the unit established by section 9 as of that 103.15 effective date. Two or more employee organizations that 103.16 represent the employees in a unit established by section 9 may 103.17 petition jointly under this subdivision, provided that any 103.18 organization may withdraw from a joint certification in favor of 103.19 the remaining organizations on 30 days' notice to the remaining 103.20 organizations, the employer, and the commissioner, without 103.21 affecting the rights and obligations of the remaining 103.22 organizations or the employer. The commissioner shall make a 103.23 determination on a timely petition within 45 days of its receipt. 103.24 Subd. 3. [NO EXISTING MAJORITY.] (a) If no exclusive 103.25 representative is certified under subdivision 2, the 103.26 commissioner shall certify an employee organization as exclusive 103.27 representative for an appropriate unit established under section 103.28 9 upon a petition filed by the organization within the time 103.29 period provided in subdivision 2 demonstrating that the 103.30 petitioner is certified under section 179A.12 as the exclusive 103.31 representative of fewer than a majority of the employees 103.32 included within the unit established by section 9, if no other 103.33 employee organization so certified has filed a petition within 103.34 the time period provided in subdivision 2 and a majority of the 103.35 employees in the unit established by section 9 are represented 103.36 by employee organizations under section 179A.12 on the effective 104.1 date of the judicial district coming under section 480.181, 104.2 subdivision 1, paragraph (b). Two or more employee 104.3 organizations, each of which represents employees included in 104.4 the unit established by section 9, may petition jointly under 104.5 this paragraph, provided that any organization may withdraw from 104.6 a joint certification in favor of the remaining organizations on 104.7 30 days' notice to the remaining organizations, the employer, 104.8 and the commissioner without affecting the rights and 104.9 obligations of the remaining organizations or the employer. The 104.10 commissioner shall make a determination on a timely petition 104.11 within 45 days of its receipt. 104.12 (b) If no exclusive representative is certified under 104.13 subdivision 2 or paragraph (a), and an employee organization 104.14 petitions the commissioner within 90 days of the effective date 104.15 of the judicial district coming under section 480.181, 104.16 subdivision 1, paragraph (b), demonstrating that a majority of 104.17 the employees included within a unit established by section 9 104.18 wish to be represented by the petitioner, where this majority is 104.19 evidenced by current dues deduction rights, signed statements 104.20 from court employees in counties within the district that are 104.21 not currently represented by any employee organization plainly 104.22 indicating that the signatories wish to be represented for 104.23 collective bargaining purposes by the petitioner rather than by 104.24 any other organization, or a combination of those, the 104.25 commissioner shall certify the petitioner as exclusive 104.26 representative of the employees in the unit established by 104.27 section 9. The commissioner shall make a determination on a 104.28 timely petition within 45 days of its receipt. 104.29 (c) If no exclusive representative is certified under 104.30 subdivision 2 or paragraph (a) or (b), and an employee 104.31 organization petitions the commissioner subsequent to the 104.32 effective date of the judicial district coming under section 104.33 480.181, subdivision 1, paragraph (b), demonstrating that at 104.34 least 30 percent of the employees included within a unit 104.35 established by section 9 wish to be represented by the 104.36 petitioner, where this 30 percent is evidenced by current dues 105.1 deduction rights, signed statements from court employees in 105.2 counties within the district that are not currently represented 105.3 by any employee organization plainly indicating that the 105.4 signatories wish to be represented for collective bargaining 105.5 purposes by the petitioner rather than by any other 105.6 organization, or a combination of those, the commissioner shall 105.7 conduct a secret ballot election to determine the wishes of the 105.8 majority. The election must be conducted within 45 days of 105.9 receipt or final decision on any petitions filed pursuant to 105.10 subdivision 2, whichever is later. The election is governed by 105.11 section 179A.12, where not inconsistent with other provisions of 105.12 this section. 105.13 Subd. 4. [DECERTIFICATION.] The commissioner may not 105.14 consider a petition for decertification of an exclusive 105.15 representative certified under this section for one year after 105.16 certification. After that time a petition must be considered 105.17 under the provisions of section 179A.12. 105.18 Subd. 5. [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 105.19 terms and conditions of collective bargaining agreements 105.20 covering judicial district employees in districts that come 105.21 under section 480.181, subdivision 1, paragraph (b), remain in 105.22 effect until a successor agreement becomes effective. 105.23 Subd. 6. [CONTRACT AND REPRESENTATION 105.24 RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 105.25 9, the exclusive representatives of units of court employees 105.26 certified prior to the effective date of the judicial district 105.27 coming under section 480.181, subdivision 1, paragraph (b), 105.28 remain responsible for administration of their contracts and for 105.29 other contractual duties and have the right to dues and fair 105.30 share fee deduction and other contractual privileges and rights 105.31 until a contract is agreed upon with the state court 105.32 administrator for a new unit established under section 9 or 105.33 until June 30, 2001, whichever is earlier. Exclusive 105.34 representatives of court employees certified after the effective 105.35 date of this section in the judicial district are immediately 105.36 upon certification responsible for bargaining on behalf of 106.1 employees within the unit. They are also responsible for 106.2 administering grievances arising under previous contracts 106.3 covering employees included within the unit which remain 106.4 unresolved on June 30, 2001, or upon agreement with the state 106.5 court administrator on a contract for a new unit established 106.6 under section 9, whichever is earlier. Where the employer does 106.7 not object, these responsibilities may be varied by agreement 106.8 between the outgoing and incoming exclusive representatives. 106.9 All other rights and duties of representation begin on July 1, 106.10 2001, except that exclusive representatives certified after the 106.11 effective date of this section shall immediately, upon 106.12 certification, have the right to all employer information and 106.13 all forms of access to employees within the bargaining unit 106.14 which would be permitted to the current contract holder, 106.15 including the rights in section 179A.07, subdivision 6. This 106.16 section does not affect an existing collective bargaining 106.17 contract. Incoming exclusive representatives of court employees 106.18 from judicial districts that come under section 480.181, 106.19 subdivision 1, paragraph (b), are immediately, upon 106.20 certification, responsible for bargaining on behalf of all 106.21 previously unrepresented employees assigned to their units. All 106.22 other rights and duties of exclusive representatives begin on 106.23 July 1, 2001. 106.24 (b) Nothing in sections 3 to 15 prevents an exclusive 106.25 representative certified after the effective date of section 3 106.26 to 15 from assessing fair share or dues deductions immediately 106.27 upon certification for employees in a unit established under 106.28 section 9 if the employees were unrepresented for collective 106.29 bargaining purposes before that certification. 106.30 Sec. 11. [179A.103] [GENERAL PROVISIONS FOR COURT 106.31 EMPLOYEES.] 106.32 Subdivision 1. [CONTRACTS.] Contracts for the period 106.33 commencing July 1, 2000, for the judicial district court 106.34 employees of judicial districts that are under section 480.181, 106.35 subdivision 1, paragraph (b), must be negotiated with the state 106.36 court administrator. Negotiations for those contracts may begin 107.1 any time after July 1, 1999, and may be initiated by either 107.2 party notifying the other of the desire to begin the negotiating 107.3 process. Negotiations are subject to this chapter. 107.4 Subd. 2. [DATE OF EMPLOYMENT.] The date of first 107.5 employment by the state court system is the date on which 107.6 services were first performed by the employee for the employer 107.7 from which the employee is being transferred. 107.8 Subd. 3. [PROBATIONARY PERIODS.] Except as otherwise 107.9 provided in a successor contract, probationary periods are not 107.10 affected by the transfer of employees to the state court system. 107.11 Subd. 4. [WAGE PROTECTION.] Court employees in judicial 107.12 districts coming under section 480.181, subdivision 1, paragraph 107.13 (b), may not have a decrease in wages as a result of their 107.14 transfer to state employment. Wage scales negotiated in a 107.15 judicial district contract are not to be applied to a court 107.16 employee of a judicial district who was a court employee of a 107.17 county within the judicial district at the time the judicial 107.18 district came under section 480.181, subdivision 1, paragraph 107.19 (b), until the wage for the employee under the scale is equal to 107.20 or greater than the wage the employee was receiving on the date 107.21 the judicial district came under section 480.181, subdivision 1, 107.22 paragraph (b). 107.23 Sec. 12. [179A.104] [BOARD OF PUBLIC DEFENSE.] 107.24 Subdivision 1. [BOARD OF PUBLIC DEFENSE EMPLOYEE 107.25 UNITS.] The state board of public defense shall meet and 107.26 negotiate with the exclusive representative of each of the 107.27 statewide units specified in this section. The units provided 107.28 in this section are the only appropriate statewide units for 107.29 state employees of the board. Employees of the state board of 107.30 public defense, unless otherwise excluded, are included within 107.31 the units which include the classifications to which they are 107.32 assigned for purposes of compensation. The following are the 107.33 appropriate statewide units of state employees of the board: 107.34 (1) assistant district and assistant state public defender 107.35 unit; and 107.36 (2) clerical and support staff unit. 108.1 Each unit consists of the classifications or positions assigned 108.2 to it in the schedule of job classifications and positions 108.3 maintained by the state board of public defense. 108.4 Subd. 2. [EXCLUSIONS.] The following employees are 108.5 excluded from the appropriate statewide units under subdivision 108.6 1: 108.7 (1) the positions of state public defender, deputy state 108.8 public defender, and chief district public defender; 108.9 (2) the positions of managing attorney and managing legal 108.10 secretary in judicial district public defender offices and in 108.11 the state public defender's office; 108.12 (3) positions of all employees in the administrative 108.13 services office of the state board of public defense; 108.14 (4) positions of all part-time and temporary employees as 108.15 defined under section 179A.03, subdivision 14, clauses (e) and 108.16 (f). 108.17 Sec. 13. Minnesota Statutes 1998, section 179A.12, 108.18 subdivision 4, is amended to read: 108.19 Subd. 4. [STATE UNIT ELECTIONS.] The commissioner shall 108.20 not consider a petition for a decertification election during 108.21 the term of a contract covering employees of the executive 108.22 branchor judicial branches of the state of Minnesota except for 108.23 a period forfrom not more than 270 to not less than 210 days 108.24 before its date of termination. 108.25 Sec. 14. Minnesota Statutes 1998, section 179A.22, 108.26 subdivision 2, is amended to read: 108.27 Subd. 2. [EMPLOYER.] The employer of state executive 108.28 branch employees shall be, for purposes of sections 179A.01 to 108.29 179A.25, the commissioner of employee relations or the 108.30 commissioner's representative. 108.31 Sec. 15. Minnesota Statutes 1998, section 179A.22, 108.32 subdivision 3, is amended to read: 108.33 Subd. 3. [DUTIES.] In all negotiations between the 108.34 executive branch of the state and exclusive representatives, the 108.35 state executive branch shall be represented by the commissioner 108.36 of employee relations or the commissioner's representative. The 109.1 attorney general, and each appointing authority shall cooperate 109.2 with the commissioner of employee relations in conducting 109.3 negotiations and shall make available any personnel and other 109.4 resources necessary to enable the commissioner to conduct 109.5 effective negotiations. 109.6 Sec. 16. [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 109.7 Subdivision 1. [EMPLOYER.] The employer of court employees 109.8 is, for purposes of sections 179A.01 to 179A.25, the state court 109.9 administrator or designated representative. 109.10 Subd. 2. [DUTIES.] In all negotiations between the state 109.11 court system and exclusive representatives of court employees, 109.12 the state court system must be represented by the state court 109.13 administrator or designated representative. All judges and 109.14 managerial, confidential, and supervisory personnel of the 109.15 supreme court, the court of appeals, and the judicial districts 109.16 that are under section 480.181, subdivision 1, paragraph (b), 109.17 shall cooperate with the designated representative of the state 109.18 court administrator in conducting negotiations and shall make 109.19 available any personnel and other resources necessary to enable 109.20 the representative of the state court administrator to conduct 109.21 effective negotiations. 109.22 Subd. 3. [AGREEMENTS.] The state court administrator is 109.23 authorized to enter into agreements with exclusive 109.24 representatives. 109.25 Sec. 17. [179A.226] [BOARD OF PUBLIC DEFENSE EMPLOYEES; 109.26 NEGOTIATIONS.] 109.27 Subdivision 1. [DUTIES.] In all negotiations between the 109.28 state board of public defense and exclusive representatives, the 109.29 board must be represented by the chief administrator of the 109.30 board or the chief administrator's designee. Each appointing 109.31 authority shall cooperate with the chief administrator in 109.32 conducting negotiations and shall make available any personnel 109.33 and other resources necessary to enable the chief administrator 109.34 to conduct effective negotiations. For purposes of this 109.35 subdivision, "appointing authority" means the state public 109.36 defender, the deputy state public defender, or the chief public 110.1 defender of the judicial district, as appropriate. 110.2 Subd. 2. [AGREEMENTS.] The state board of public defense 110.3 is authorized to enter into agreements with exclusive 110.4 representatives. 110.5 Sec. 18. Minnesota Statutes 1998, section 243.50, is 110.6 amended to read: 110.7 243.50 [PAYMENT OF COURT REPORTER.] 110.8 Such transcripts and tapes shall be furnished by the court 110.9 reporter who shall be paid therefor by the countystate courts, 110.10 on certificates duly certified to by the judge presiding at the 110.11 sentence, and filed with the county auditor,the same fee per 110.12 folio provided by statute for transcripts of testimony furnished 110.13 to parties ordering the same in civil proceedings and for tapes 110.14 on a costs basis. 110.15 Sec. 19. Minnesota Statutes 1998, section 253B.23, 110.16 subdivision 1, is amended to read: 110.17 Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding 110.18 under this chapter the court shall allow and order paid to each 110.19 witness subpoenaed the fees and mileage prescribed by law; to 110.20 each examiner a reasonable sum for services and for travel; to 110.21 persons conveying the patient to the place of detention, 110.22 disbursements for the travel, board, and lodging of the patient 110.23 and of themselves and their authorized assistants; and to the 110.24 patient's counsel, when appointed by the court, a reasonable sum 110.25 for travel and for the time spent in court or in preparing for 110.26 the hearing. Upon the court's order, the county auditor shall 110.27 issue a warrant on the county treasurer for payment of the 110.28 amounts allowed, excluding the costs of the examiner, which must 110.29 be paid by the state courts. 110.30 (b) Whenever venue of a proceeding has been transferred 110.31 under this chapter, the costs of the proceedings shall be 110.32 reimbursed to the county where the proceedings were conducted by 110.33 the county of the patient's residence. 110.34 Sec. 20. Minnesota Statutes 1998, section 253B.23, 110.35 subdivision 8, is amended to read: 110.36 Subd. 8. [TRANSCRIPTS.] For purposes of taking an appeal 111.1 or petition for habeas corpus or for a judicial determination of 111.2 mental competency or need for commitment, transcripts of 111.3 commitment proceedings, or portions of them, shall be made 111.4 available to the parties upon written application to the court. 111.5 Upon a showing by a party that the party is unable to pay the 111.6 cost of a transcript, it shall be made available at no expense 111.7 to the party. The state courts shall pay the cost of the 111.8 transcript. 111.9 Sec. 21. Minnesota Statutes 1998, section 257.69, 111.10 subdivision 2, is amended to read: 111.11 Subd. 2. [GUARDIAN; LEGAL FEES.] (a) The court may order 111.12 expert witness and guardian ad litem fees and other costs of the 111.13 trial and pretrial proceedings, including appropriate tests, to 111.14 be paid by the parties in proportions and at times determined by 111.15 the court. The court shall require a party to pay part of the 111.16 fees of court-appointed counsel according to the party's ability 111.17 to pay, but if counsel has been appointed the appropriate agency 111.18 shall pay the party's proportion of all other fees and costs. 111.19 The agency responsible for child support enforcement shall pay 111.20 the fees and costs for blood or genetic tests in a proceeding in 111.21 which it is a party, is the real party in interest, or is acting 111.22 on behalf of the child. However, at the close of a proceeding 111.23 in which paternity has been established under sections 257.51 to 111.24 257.74, the court shall order the adjudicated father to 111.25 reimburse the public agency, if the court finds he has 111.26 sufficient resources to pay the costs of the blood or genetic 111.27 tests. When a party bringing an action is represented by the 111.28 county attorney, no filing fee shall be paid to the court 111.29 administrator. 111.30 (b) In each fiscal year, the state treasurer shall deposit 111.31 guardian ad litem reimbursements in the general fund and credit 111.32 them to a separate account with the trial courts. The balance 111.33 of this account is appropriated to the trial courts and does not 111.34 cancel but is available until expended. Expenditures by the 111.35 state court administrator's office from this account must be 111.36 based on the amount of the guardian ad litem reimbursements 112.1 received by the state from the courts in each judicial district. 112.2 Sec. 22. Minnesota Statutes 1998, section 260.251, 112.3 subdivision 2, is amended to read: 112.4 Subd. 2. [COURT EXPENSES.] The following expenses are a 112.5 charge upon the county in which proceedings are held upon 112.6 certification of the judge of juvenile court or upon such other 112.7 authorization provided by law: 112.8 (a) The fees and mileage of witnesses, and the expenses and 112.9 mileage of officers serving notices and subpoenas ordered by the 112.10 court, as prescribed by law. 112.11 (b) The expenses for travel and board of the juvenile court112.12 judge when holding court in places other than the county seat.112.13 (c)The expense of transporting a child to a place 112.14 designated by a child-placing agency for the care of the child 112.15 if the court transfers legal custody to a child-placing agency. 112.16 (d)(c) The expense of transporting a minor to a place 112.17 designated by the court. 112.18 (e)(d) Reasonable compensation for an attorney appointed 112.19 by the court to serve as counsel or guardian ad litem. 112.20 The state courts shall pay for guardian ad litem expenses. 112.21 Sec. 23. Minnesota Statutes 1998, section 260.251, 112.22 subdivision 5, is amended to read: 112.23 Subd. 5. [GUARDIAN AD LITEM FEES.] (a) In proceedings in 112.24 which the court appoints a guardian ad litem pursuant to section 112.25 260.155, subdivision 4, clause (a), the court may inquire into 112.26 the ability of the parents to pay for the guardian ad litem's 112.27 services and, after giving the parents a reasonable opportunity 112.28 to be heard, may order the parents to pay guardian fees. 112.29 (b) In each fiscal year, the state treasurer shall deposit 112.30 guardian ad litem reimbursements in the general fund and credit 112.31 them to a separate account with the trial courts. The balance 112.32 of this account is appropriated to the trial courts and does not 112.33 cancel but is available until expended. Expenditures by the 112.34 state court administrator's office from this account must be 112.35 based on the amount of the guardian ad litem reimbursements 112.36 received by the state from the courts in each judicial district. 113.1 Sec. 24. Minnesota Statutes 1998, section 260.56, is 113.2 amended to read: 113.3 260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 113.4 Any judge of this state who appoints counsel or a guardian 113.5 ad litem pursuant to the provisions of the Interstate Compact on 113.6 Juveniles may allow a reasonable fee to be paid by the countyon 113.7 order of the court. The costs of the counsel must be paid by 113.8 the county and the cost of the guardian ad litem, if any, must 113.9 be paid by the state courts. 113.10 Sec. 25. Minnesota Statutes 1998, section 466.01, 113.11 subdivision 6, is amended to read: 113.12 Subd. 6. [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 113.13 of sections 466.01 to 466.15, "employee," "officer," or "agent" 113.14 means a present or former employee, officer, or agent of a 113.15 municipality, or other person acting on behalf of the 113.16 municipality in an official capacity, temporarily or 113.17 permanently, with or without compensation, but does not include 113.18 an independent contractor other than a nonprofit firefighting 113.19 corporation that has associated with it a relief association as 113.20 defined in section 424A.001, subdivision 4. "Employee" includes 113.21 court administrators who are not under section 480.181, 113.22 subdivision 1, paragraph (b), and their staff under chapter 485, 113.23 district administration staff in the second and fourth judicial 113.24 districts, guardians ad litem,and other employees within the 113.25 court system whose salaries are paid by the county, other than 113.26 employees who remain on the county payroll under section 113.27 480.181, subdivision 2. 113.28 Sec. 26. Minnesota Statutes 1998, section 480.181, 113.29 subdivision 1, is amended to read: 113.30 Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] (a) 113.31 District court referees, judicial officers, court reporters, law 113.32 clerks, anddistrict administration staff, other than district 113.33 administration staff in the second and fourth judicial 113.34 districts, guardian ad litem program coordinators and staff, and 113.35 other court employees under paragraph (b), are state employees 113.36 and are governed by the judicial branch personnel rules adopted 114.1 by the supreme court. The supreme court, in consultation with 114.2 the conference of chief judges, shall establish the salary range 114.3 of these employees under the judicial branch personnel rules. 114.4 In establishing the salary ranges, the supreme court shall 114.5 consider differences in the cost of living in different areas of 114.6 the state. 114.7 (b) The court administrator and employees of the court 114.8 administrator who are in the fifth, seventh, eighth, or ninth 114.9 judicial district are state employees. 114.10 Sec. 27. [480.182] [STATE ASSUMPTION OF CERTAIN COURT 114.11 COSTS.] 114.12 Notwithstanding any law to the contrary, the state courts 114.13 will pay for the following court-related programs and costs: 114.14 (1) court interpreter program costs; 114.15 (2) guardian ad litem program and personnel costs; 114.16 (3) examination costs, not including hospitalization or 114.17 treatment costs, for mental commitments and related proceedings 114.18 under chapter 253B; 114.19 (4) examination costs under rule 20 of the Rules of 114.20 Criminal Procedure; 114.21 (5) in forma pauperis costs; 114.22 (6) costs for transcripts mandated by statute, except in 114.23 appeal cases and postconviction cases handled by the board of 114.24 public defense; and 114.25 (7) jury program costs, not including personnel. 114.26 Sec. 28. Minnesota Statutes 1998, section 484.64, 114.27 subdivision 3, is amended to read: 114.28 Subd. 3. [CHAMBERS AND SUPPLIES.] The board of county 114.29 commissioners of Ramsey county shall provide suitable chambers 114.30 and courtroom space, clerks, bailiffs, and other personnel to 114.31 assist said judge, together with necessary library, supplies, 114.32 stationery and other expenses necessary thereto. The state 114.33 shall provide referees, court reporters, andlaw clerks, and 114.34 guardian ad litem program coordinators and staff. 114.35 Sec. 29. Minnesota Statutes 1998, section 484.65, 114.36 subdivision 3, is amended to read: 115.1 Subd. 3. [SPACE; PERSONNEL; SUPPLIES.] The board of county 115.2 commissioners of Hennepin county shall provide suitable chambers 115.3 and courtroom space, clerks, bailiffs, and other personnel to 115.4 assist said judge, together with necessary library, supplies, 115.5 stationery and other expenses necessary thereto. The state 115.6 shall provide referees, court reporters, andlaw clerks, and 115.7 guardian ad litem program coordinators and staff. 115.8 Sec. 30. Minnesota Statutes 1998, section 485.018, 115.9 subdivision 2, is amended to read: 115.10 Subd. 2. [SET BY BOARD.] Except in counties in a judicial 115.11 district under section 480.181, subdivision 1, paragraph (b), 115.12 the county board of each of the counties specified in 115.13 subdivision 1 annually shall set by resolution the salary of the 115.14 court administrator of district court which shall be paid to the 115.15 court administrator of district court at such intervals as the 115.16 board shall determine but not less often than once each month. 115.17 At the January meeting the board shall set by resolution the 115.18 minimum salary to be paid the court administrator of district 115.19 court for the term next following. In the event a vacancy 115.20 occurs in the office of the court administrator of district 115.21 court the board may set the annual salary for the remainder of 115.22 the calendar year at an amount less than was set for that year. 115.23 The board in any case specified in this subdivision may not set 115.24 the annual salary at an amount less than the minimums provided 115.25 in subdivision 1 but it may set the salary in excess of such 115.26 minimums. The salary of the court administrator of district 115.27 court shall not be reduced during the term for which the court 115.28 administrator is appointed. 115.29 In the event that duties are assigned to the court 115.30 administrator of district court which are in addition to the 115.31 court administrator's duties as court administrator, additional 115.32 compensation may be provided for the additional duties. The 115.33 county board by resolution shall determine the additional 115.34 compensation which shall be paid and specify the duties for 115.35 which the additional compensation is to be paid. 115.36 Sec. 31. Minnesota Statutes 1998, section 485.018, 116.1 subdivision 6, is amended to read: 116.2 Subd. 6. [BUDGET FOR OFFICE.] Except in counties in a 116.3 judicial district under section 480.181, subdivision 1, 116.4 paragraph (b), the county board by resolution shall provide the 116.5 budget for (1) the salaries of deputies, court administrators 116.6 and other employees in the office of the court administrator of 116.7 district court; (2) other expenses necessary in the performance 116.8 of the duties of said office and (3) the payment of premiums of 116.9 any bonds required of the court administrator of district court 116.10 or any deputy, court administrator or employee in said office 116.11 and the board is authorized to appropriate funds therefor and 116.12 for the salary of the court administrator of district court. 116.13 Sec. 32. Minnesota Statutes 1998, section 485.03, is 116.14 amended to read: 116.15 485.03 [DEPUTIES.] 116.16 (a) The county board shall determine the number of 116.17 permanent full time deputies, clerks and other employees in the 116.18 office of the court administrator of district court and shall 116.19 fix the compensation for each position. The county board shall 116.20 also budget for temporary deputies and other employees and shall 116.21 fix their rates of compensation. This paragraph does not apply 116.22 to a county in a judicial district under section 480.181, 116.23 subdivision 1, paragraph (b). 116.24 (b) The court administrator shall appoint in writing the 116.25 deputies and other employees, for whose acts the court 116.26 administrator shall be responsible, and whom the court 116.27 administrator may remove at pleasure. Before each enters upon 116.28 official duties, the appointment and oath of each shall be filed 116.29 with the county recorder. 116.30 Sec. 33. Minnesota Statutes 1998, section 485.27, is 116.31 amended to read: 116.32 485.27 [DUTIES; ASSIGNMENT.] 116.33 The court administrator, with approval of the county board 116.34 of commissioners, may transfer to the county board of 116.35 commissioners duties of the court administrator relating to 116.36 vital statistics under sections 144.211 to 144.227, to notaries 117.1 public under section 359.061, to hospital liens under sections 117.2 514.69 and 514.70, and to marriage licenses under chapter 517. 117.3 The county board of commissioners shall assign these duties to 117.4 the appropriate county department. In the event of full state 117.5 funding of allthe court administrator's offices in the statea 117.6 judicial district, the functions shall become county 117.7 functions in that judicial district. 117.8 Sec. 34. Minnesota Statutes 1998, section 487.02, 117.9 subdivision 2, is amended to read: 117.10 Subd. 2. The county board shall levy taxes annually 117.11 against the taxable property within the county as necessary for 117.12 the establishment, operation and maintenance of the county court 117.13 or courts within the county. This subdivision does not apply to 117.14 a county in a judicial district under section 481.181, 117.15 subdivision 1, paragraph (b). 117.16 Sec. 35. Minnesota Statutes 1998, section 487.10, 117.17 subdivision 4, is amended to read: 117.18 Subd. 4. Except in a county in a judicial district under 117.19 section 480.181, subdivision 1, paragraph (b), the county board 117.20 shall determine the number of permanent full time deputies, 117.21 clerks and other employees in the office of the clerk of county 117.22 court and shall fix the compensation for each position. The 117.23 county board shall also budget for temporary deputies and other 117.24 employees and shall fix their rates of compensation. The clerk 117.25 shall appoint in writing the deputies and other employees for 117.26 whose acts the clerk shall be responsible, and whom the clerk 117.27 may remove at pleasure. Before entering upon official duties, 117.28 the appointment and oath of each such employee shall be filed 117.29 with the county recorder. 117.30 Sec. 36. Minnesota Statutes 1998, section 518.165, 117.31 subdivision 3, is amended to read: 117.32 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 117.33 either subdivision 1 or 2 may be appointed either as a volunteer 117.34 or on a fee basis. If a guardian ad litem is appointed on a fee 117.35 basis, the court shall enter an order for costs, fees, and 117.36 disbursements in favor of the child's guardian ad litem. The 118.1 order may be made against either or both parties, except that 118.2 any part of the costs, fees, or disbursements which the court 118.3 finds the parties are incapable of paying shall be borne by the 118.4 county in which the proceeding is being held. In no event may 118.5 the court order that costs, fees, or disbursements be paid by a 118.6 party receiving public assistance or legal assistance or by a 118.7 party whose annual income falls below the poverty line as 118.8 established under United States Code, title 42, section 9902(2). 118.9 (b) In each fiscal year, the state treasurer shall deposit 118.10 guardian ad litem reimbursements in the general fund and credit 118.11 them to a separate account with the trial courts. The balance 118.12 of this account is appropriated to the trial courts and does not 118.13 cancel but is available until expended. Expenditures by the 118.14 state court administrator's office from this account must be 118.15 based on the amount of the guardian ad litem reimbursements 118.16 received by the state from the courts in each judicial district. 118.17 Sec. 37. Minnesota Statutes 1998, section 546.13, is 118.18 amended to read: 118.19 546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 118.20 If a juror becomes sick or otherwise unable to perform 118.21 duty, the court may discharge the juror. In that case, unless 118.22 the parties consent to accept the verdict of the remaining 118.23 jurors, another may be sworn in place of the discharged juror 118.24 and the trial begun anew, or the jury may be discharged and 118.25 another then or afterward impaneled. If the court, while a jury 118.26 is kept together, shall order that they be provided with food 118.27 and lodging, the sheriff shall furnish the same at the expense 118.28 of the countystate courts. 118.29 Sec. 38. Minnesota Statutes 1998, section 546.44, 118.30 subdivision 3, is amended to read: 118.31 Subd. 3. The fees and expenses of a qualified interpreter 118.32 shall be determined by the presiding official and paid by the 118.33 court, board, commission, agency or licensing authority before 118.34 whom the proceeding is taking place. The fees and expenses of a 118.35 qualified per diem interpreter for a court must be paid by the 118.36 state courts. 119.1 Sec. 39. Minnesota Statutes 1998, section 563.01, 119.2 subdivision 2, is amended to read: 119.3 Subd. 2. Whenever pursuant to this section the court 119.4 directs expenses to be paid, the expenses shall be paid by the 119.5 proper governing body in the same manner as other claims are119.6 paidstate. 119.7 Sec. 40. Minnesota Statutes 1998, section 563.01, 119.8 subdivision 9, is amended to read: 119.9 Subd. 9. Upon motion, the court may rescind its permission 119.10 to proceed in forma pauperis if it finds the allegations of 119.11 poverty contained in the affidavit are untrue, or if, following 119.12 commencement of the action, the party becomes able to pay the 119.13 fees, costs and security for the costs. In such cases, the 119.14 court may direct the party to pay to the court administrator any 119.15 costs allowing the action to proceed. The court administrator 119.16 shall transmit the costs to the state treasurer for deposit in 119.17 the state treasury and credit them to the general fund. 119.18 Sec. 41. Minnesota Statutes 1998, section 563.01, 119.19 subdivision 10, is amended to read: 119.20 Subd. 10. Judgment may be rendered for costs at the 119.21 conclusion of the action as in other cases. In the event any 119.22 person recovers moneys by either settlement or judgment as a 119.23 result of commencing or defending an action in forma pauperis, 119.24 the costs deferred and the expenses directed by the court to be 119.25 paid under this section shall be included in such moneys and 119.26 shall be paid directly to the court administrator by the 119.27 opposing party. The court administrator shall transmit the 119.28 costs to the state treasurer for deposit in the state treasury 119.29 and credit them to the general fund. 119.30 Sec. 42. Minnesota Statutes 1998, section 611.33, 119.31 subdivision 3, is amended to read: 119.32 Subd. 3. The fees and expenses of a qualified interpreter 119.33 shall be fixed and ordered paid by the presiding official before 119.34 whom the proceeding is taking place out of the general revenue119.35 fund of the county in which the proceeding occurs. The fees and 119.36 expenses must be paid by the state courts. Payment for any 120.1 activities requiring interpreter services on behalf of law 120.2 enforcement, the board of public defense, prosecutors, or 120.3 corrections agents other than court appearances is the 120.4 responsibility of the agency that requested the services. 120.5 Sec. 43. [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 120.6 OF COURT-APPOINTED ATTORNEYS.] 120.7 Subdivision 1. [TASK FORCE; GOALS.] The supreme court is 120.8 requested to establish a task force to study and make 120.9 recommendations regarding a system for funding and administering 120.10 court-appointed attorney functions in civil cases, including 120.11 attorneys and related personnel for civil commitments and 120.12 proceedings under Minnesota Statutes, chapter 253B, child 120.13 protection cases, paternity cases, guardianship or 120.14 conservatorship cases, and other civil proceedings where 120.15 indigent persons are entitled to court-appointed counsel. The 120.16 goal of the task force is to design a system that is independent 120.17 from court and county administration and funding and that 120.18 promotes equal access to justice and equal representation for 120.19 indigent persons across the state. 120.20 Subd. 2. [RECOMMENDATIONS; REPORT.] (a) The task force 120.21 shall consider options that address the goals in subdivision 1, 120.22 including: 120.23 (1) creation of an independent court-appointed attorney 120.24 board to manage civil court-appointed attorney functions; and 120.25 (2) other options identified by the task force. 120.26 (b) The supreme court is requested to report to the 120.27 legislature by January 15, 2001, with the report and 120.28 recommendations of the task force. The supreme court is 120.29 requested to disband the task force January 15, 2001. 120.30 Sec. 44. [TRANSITIONAL PROVISIONS.] 120.31 Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county 120.32 may not increase the number of employees in the county in a 120.33 position that is being transferred to state employment under 120.34 this article without approval of the supreme court, unless the 120.35 increase was authorized before January 1, 1999. A county may 120.36 not increase the salaries of these employees without approval of 121.1 the supreme court, unless the increase is made under a plan 121.2 adopted before January 1, 1999. 121.3 Subd. 2. [TRANSFER OF PROPERTY.] The title to all personal 121.4 property that is used by employees being transferred to state 121.5 employment under this article in the scope of their employment 121.6 is transferred to the state when they become state employees. 121.7 Subd. 3. [RULES.] The supreme court, in consultation with 121.8 the conference of chief judges, may adopt rules to implement 121.9 this article. 121.10 Subd. 4. [BUDGETS.] Notwithstanding any law to the 121.11 contrary, the fiscal year 2000 budgets for the court 121.12 administrators' offices being transferred to state employment 121.13 under this article, including the number of complement positions 121.14 and salaries, must be submitted by the court administrators to 121.15 the supreme court. The budgets must include the current levels 121.16 of funding and positions at the time of submission as well as 121.17 any requests for increases in funding and positions. 121.18 Sec. 45. [PLAN FOR STATE ASSUMPTION OF COURT 121.19 ADMINISTRATION COSTS.] 121.20 The supreme court, in consultation with the conference of 121.21 chief judges, is requested to prepare a plan for state 121.22 assumption of court administration costs in every judicial 121.23 district. The plan should include a timetable that provides for 121.24 statewide assumption of court administration costs by July 1, 121.25 2002. The supreme court is requested to report to the 121.26 legislature with the results of the plan by January 15, 2000. 121.27 Sec. 46. [REPEALER.] 121.28 Minnesota Statutes 1998, sections 357.021, subdivision 2a; 121.29 and 563.01, subdivision 1, are repealed. 121.30 Sec. 47. [EFFECTIVE DATES.] 121.31 Subdivision 1. [STATE TAKEOVER OF COURT ADMINISTRATION AND 121.32 RELATED COSTS.] The provisions of this article continuing the 121.33 state takeover of court administration costs in the eighth 121.34 judicial district are effective January 1, 2000. The other 121.35 provisions of this article relating to the state takeover of 121.36 court administration costs in the fifth, seventh, and ninth 122.1 judicial districts are effective July 1, 2000. 122.2 Subd. 2. [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 122.3 provisions of this article relating to the state takeover of 122.4 miscellaneous court reporter transcript and jury costs are 122.5 effective July 1, 2000. 122.6 Subd. 3. [MISCELLANEOUS COST.] The provisions of sections 122.7 1, 2, and 18 to 46, relating to the state takeover of court 122.8 interpreter costs, guardian ad litem costs, rule 20 and mental 122.9 commitment examination costs, and in forma pauperis costs are 122.10 effective January 1, 2000, in the eighth judicial district; July 122.11 1, 2000, in the fifth, seventh, and ninth judicial districts; 122.12 and July 1, 2001, in the remaining judicial districts.