3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the operation of state government; crime 1.3 prevention and judiciary finance; appropriating money 1.4 for the judicial branch, public safety, public 1.5 defense, crime victims, corrections, human rights, and 1.6 related purposes; establishing and expanding grant 1.7 programs, task forces, and pilot projects; requiring 1.8 reports and studies; increasing the number of judges; 1.9 transferring, modifying, and expanding responsibility 1.10 for various governmental responsibilities; providing 1.11 procedures for integrated criminal justice information 1.12 systems; adopting various provisions relating to 1.13 corrections; expanding the categories of offenders 1.14 that must provide a biological specimen for DNA 1.15 testing; expanding postconviction relief for certain 1.16 offenders; establishing the Rush city correctional 1.17 facility; authorizing a lease-purchase agreement for a 1.18 northern satellite laboratory facility and additional 1.19 work related to a new facility in St. Paul for the 1.20 bureau of criminal apprehension; imposing, clarifying, 1.21 and expanding certain criminal and civil provisions 1.22 and penalties; closing a work program for nonviolent 1.23 offenders; making certain changes related to sex 1.24 offenders; expanding the housing and court calendar 1.25 program; creating a program to license qualified court 1.26 interpreters; increasing the state's fiscal 1.27 responsibility for certain persons prior to civil 1.28 commitment; establishing requirements relating to 1.29 out-of-home placements of juveniles; providing for 1.30 state funding of certain programs and personnel; 1.31 providing for state funding of court administration 1.32 costs in specified judicial districts; establishing 1.33 collective bargaining provisions for court employees 1.34 and public defenders; extending the sunset date for a 1.35 juvenile records provision; amending Minnesota 1.36 Statutes 1998, sections 2.722, subdivision 1; 16B.35, 1.37 by adding a subdivision; 43A.02, subdivision 25; 1.38 43A.24, subdivision 2; 119A.26; 119A.28, subdivisions 1.39 2 and 3; 119A.29, subdivision 1; 119A.31, subdivision 1.40 3; 119A.32; 119A.33; 119A.34, subdivisions 3 and 4; 1.41 168A.40, subdivision 2; 179A.03, subdivisions 7, 14, 1.42 15, and by adding a subdivision; 179A.06, subdivision 1.43 2; 179A.10, subdivision 4; 179A.12, subdivision 4; 1.44 179A.22, subdivisions 2 and 3; 241.016; 241.0221, 1.45 subdivision 4; 241.275, subdivisions 1 and 2; 242.192; 1.46 243.50; 244.052, subdivisions 1, 3, 4, and by adding a 2.1 subdivision; 244.18, subdivision 3; 253B.185, by 2.2 adding a subdivision; 253B.23, subdivisions 1 and 8; 2.3 256.01, subdivision 2; 256.486, subdivisions 1 and 2; 2.4 257.69, subdivision 2; 260.151, subdivision 3; 2.5 260.161, subdivision 1; 260.181, by adding a 2.6 subdivision; 260.185, by adding a subdivision; 2.7 260.251, subdivisions 2 and 5; 260.56; 299A.62, 2.8 subdivision 1; 299A.64, subdivision 10; 299C.65, 2.9 subdivisions 2, 5, and by adding subdivisions; 2.10 340A.703; 346.56; 466.01, subdivision 6; 480.181, 2.11 subdivision 1; 484.013, subdivisions 1 and 2; 484.64, 2.12 subdivision 3; 484.65, subdivision 3; 485.018, 2.13 subdivisions 2 and 6; 485.03; 485.27; 487.10, 2.14 subdivision 4; 518.165, subdivision 3; 546.13; 546.44, 2.15 subdivision 3; 563.01, subdivisions 2, 9, and 10; 2.16 590.01, subdivision 1, and by adding a subdivision; 2.17 609.035, subdivisions 1, 2, and by adding a 2.18 subdivision; 609.102, by adding a subdivision; 2.19 609.3461, subdivisions 1 and 2; 611.33, subdivision 3; 2.20 611A.77; 626.843, subdivision 4; 626.845, subdivision 2.21 1; 626.8462; 626.8463, subdivision 1; and 626.8465, 2.22 subdivision 2; Laws 1997, chapter 85, article 3, 2.23 section 53; proposing coding for new law in Minnesota 2.24 Statutes, chapters 179A; 241; 243; 260; 299A; 480; and 2.25 626; repealing Minnesota Statutes 1998, sections 2.26 119A.04, subdivision 5; 241.275, subdivision 5; 2.27 241.277; 256D.05, subdivisions 3 and 3a; 357.021, 2.28 subdivision 2a; 563.01, subdivision 1; 609.113; 2.29 626.5532, subdivision 2; and 626.8463, subdivision 2. 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 $ 547,845,000 $ 582,487,000 $1,130,332,000 2.45 Special Revenue 8,258,000 7,902,000 16,160,000 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 $ 557,780,000 $ 592,098,000 $1,149,878,000 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 $ 26,359,000 $ 25,474,000 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 When purchasing furniture or fixtures, 3.19 the Supreme Court must consider 3.20 purchasing furniture or fixtures that 3.21 were made as part of an industrial and 3.22 commercial activity authorized by 3.23 Minnesota Statutes, section 241.27. 3.24 $55,000 the first year and $18,000 the 3.25 second year are for access to justice 3.26 initiatives. 3.27 $50,000 the first year and $50,000 the 3.28 second year are for judicial branch 3.29 infrastructure. 3.30 $14,000 the first year is for the 3.31 judicial salary supplement. 3.32 Subd. 3. Civil Legal Services 3.33 6,484,000 6,484,000 3.34 This appropriation is for legal 3.35 services to low-income clients and for 3.36 family farm legal assistance under 3.37 Minnesota Statutes, section 480.242. 3.38 Any unencumbered balance remaining in 3.39 the first year does not cancel but is 3.40 available for the second year of the 3.41 biennium. A qualified legal services 3.42 program, as defined in Minnesota 3.43 Statutes, section 480.24, subdivision 3.44 3, may provide legal services to 3.45 persons eligible for family farm legal 3.46 assistance under Minnesota Statutes, 3.47 section 480.242. 3.48 Of this appropriation, $877,000 the 3.49 first year and $877,000 the second year 3.50 are to improve the access of low-income 3.51 clients to legal representation in 3.52 family law matters. This appropriation 3.53 must be distributed under Minnesota 3.54 Statutes, section 480.242, to the 3.55 qualified legal services programs 3.56 described in Minnesota Statutes, 3.57 section 480.242, subdivision 2, 4.1 paragraph (a). Any unencumbered 4.2 balance remaining in the first year 4.3 does not cancel and is available for 4.4 the second year of the biennium. 4.5 Subd. 4. State Court Administration 4.6 13,498,000 12,595,000 4.7 $1,500,000 the first year and 4.8 $1,500,000 the second year are to begin 4.9 development and implementation of the 4.10 infrastructure for a coordinated and 4.11 integrated statewide criminal and 4.12 juvenile justice information system; 4.13 and for implementation of the judicial 4.14 branch justice information network. 4.15 This appropriation must be included in 4.16 the budget base for the 2002-2003 4.17 biennium. 4.18 $50,000 the first year and $50,000 the 4.19 second year are for a grant writer. 4.20 $25,000 the first year and $25,000 the 4.21 second year are for court document 4.22 translation costs. 4.23 $1,000,000 the first year is for 4.24 regional adult detention facility 4.25 construction planning grants under 4.26 article 2, section 22. Of this amount, 4.27 $200,000 is for a grant to plan, 4.28 develop, and issue a request for 4.29 proposals for the construction and 4.30 operation of a regional adult detention 4.31 facility by a private vendor. This is 4.32 a one-time appropriation. 4.33 $150,000 the first year and $150,000 4.34 the second year are for the state's 4.35 share of the costs associated with the 4.36 precommitment detention of persons as 4.37 described in Minnesota Statutes, 4.38 section 253B.185, subdivision 5. This 4.39 is a one-time appropriation. 4.40 The appropriation in Laws 1998, chapter 4.41 367, article 1, section 2, subdivision 4.42 4, for the parental cooperation task 4.43 force is available until expended. 4.44 $75,000 each year is transferred from 4.45 the base amount to the Center for Crime 4.46 Victim Services to operate the 4.47 mediation programs for crime victims 4.48 and offenders under Minnesota Statutes, 4.49 section 611A.77. 4.50 Subd. 5. Law Library Operations 4.51 1,871,000 1,846,000 4.52 $40,000 the first year and $40,000 the 4.53 second year are for increased costs in 4.54 maintaining the library's publication 4.55 collection. 4.56 $50,000 the first year and $13,000 the 4.57 second year are for a law library MNET 4.58 connection. 5.1 Sec. 3. COURT OF APPEALS 6,450,000 6,549,000 5.2 Sec. 4. DISTRICT COURTS 76,665,000 79,334,000 5.3 $1,570,000 the first year and 5.4 $3,168,000 the second year are for 5.5 human resource enhancements, including 5.6 one trial court judge unit each in the 5.7 seventh, ninth, and tenth judicial 5.8 districts beginning July 1, 1999; two 5.9 trial court judge units in the first 5.10 judicial district and one trial court 5.11 judge unit in the tenth judicial 5.12 district beginning January 1, 2000; one 5.13 judge unit each in the seventh, ninth, 5.14 and tenth judicial districts beginning 5.15 on July 1, 2000, and one judge unit 5.16 each in the first and tenth judicial 5.17 districts and two judge units in the 5.18 fourth judicial district beginning 5.19 January 1, 2001. Each judge unit 5.20 consists of a judge, law clerk, and 5.21 court reporter. This appropriation 5.22 also is to fund six new law clerk 5.23 positions beginning on or after July 1, 5.24 1999. 5.25 $46,000 the first year and $48,000 the 5.26 second year are for one referee 5.27 conversion in the second judicial 5.28 district and one referee conversion in 5.29 the fourth judicial district. 5.30 $65,000 the first year and $65,000 the 5.31 second year are for salary costs 5.32 related to the community court in the 5.33 fourth judicial district. This is a 5.34 one-time appropriation. 5.35 $110,000 the first year and $110,000 5.36 the second year are for the continued 5.37 funding of the community court in the 5.38 second judicial district. This is a 5.39 one-time appropriation. 5.40 The second judicial district and fourth 5.41 judicial district shall each report 5.42 quarterly to the chairs and ranking 5.43 minority members of the legislative 5.44 committees and divisions with 5.45 jurisdiction over criminal justice 5.46 funding on: 5.47 (1) how money appropriated for this 5.48 initiative was spent; and 5.49 (2) the cooperation of other criminal 5.50 justice agencies and county units of 5.51 government in the community courts' 5.52 efforts. 5.53 The first report is due on October 1, 5.54 1999. None of this appropriation may 5.55 be used for the purpose of complying 5.56 with these reporting requirements. 5.57 $200,000 the first year and $25,000 the 5.58 second year are for the statewide 5.59 expansion of video technology in the 5.60 court system. 6.1 $200,000 the first year and $200,000 6.2 the second year are for upgrading the 6.3 infrastructure of the judicial branch. 6.4 Sec. 5. BOARD ON JUDICIAL 6.5 STANDARDS 233,000 238,000 6.6 Sec. 6. TAX COURT 660,000 671,000 6.7 Sec. 7. PUBLIC SAFETY 6.8 Subdivision 1. Total 6.9 Appropriation 44,595,000 41,848,000 6.10 Summary by Fund 6.11 2000 2001 6.12 General 42,398,000 39,607,000 6.13 Special Revenue 520,000 532,000 6.14 State Government 6.15 Special Revenue 7,000 7,000 6.16 Environmental 44,000 46,000 6.17 Trunk Highway 1,626,000 1,656,000 6.18 The amounts that may be spent from this 6.19 appropriation for each program are 6.20 specified in the following subdivisions. 6.21 Subd. 2. Emergency Management 6.22 Summary by Fund 6.23 General 3,861,000 3,892,000 6.24 Environmental 44,000 46,000 6.25 $60,000 the first year and $60,000 the 6.26 second year are one-time appropriations 6.27 to provide the bomb disposal 6.28 reimbursements authorized by Minnesota 6.29 Statutes, section 299C.063, subdivision 6.30 2. 6.31 The commissioner shall develop an 6.32 implementation plan under which the 6.33 division of emergency management makes 6.34 bomb disposal and domestic terrorism 6.35 response services available to 6.36 requesting local governments and 6.37 agencies on a statewide basis. The 6.38 statewide plan shall identify and 6.39 establish a service delivery system 6.40 that is based on regional needs and 6.41 resources and through which the 6.42 necessary services are provided in an 6.43 efficient and cost-effective manner by 6.44 state agencies, local municipalities, 6.45 and private service providers. The 6.46 commissioner shall submit the 6.47 implementation plan to the chairs and 6.48 ranking minority members of the senate 6.49 and house committees with jurisdiction 6.50 over criminal justice funding and 6.51 policy by January 15, 2001. 6.52 Subd. 3. Criminal Apprehension 7.1 Summary by Fund 7.2 General 23,327,000 23,080,000 7.3 Special Revenue 520,000 532,000 7.4 State Government 7.5 Special Revenue 7,000 7,000 7.6 Trunk Highway 1,626,000 1,656,000 7.7 $99,000 the first year and $99,000 the 7.8 second year from the Bureau of Criminal 7.9 Apprehension account in the special 7.10 revenue fund are for grants to local 7.11 officials for the cooperative 7.12 investigation of cross-jurisdictional 7.13 criminal activity. Any unencumbered 7.14 balance remaining in the first year 7.15 does not cancel but is available for 7.16 the second year. 7.17 $421,000 the first year and $433,000 7.18 the second year from the Bureau of 7.19 Criminal Apprehension account in the 7.20 special revenue fund are for laboratory 7.21 activities. 7.22 $5,000,000 the first year and 7.23 $4,000,000 the second year are for the 7.24 statewide criminal and juvenile justice 7.25 data information system upgrade. 7.26 $210,000 the first year and $210,000 7.27 the second year are to be transferred 7.28 to the commissioner of corrections for 7.29 a statewide probation system component 7.30 of the criminal justice information 7.31 system. This appropriation must be 7.32 included in the budget base for the 7.33 2002-2003 biennium. 7.34 $500,000 the first year and $55,000 the 7.35 second year are for a lab information 7.36 management system. 7.37 $344,000 the first year and $400,000 7.38 the second year are for laboratory 7.39 supplies and equipment. This is a 7.40 one-time appropriation. 7.41 $800,000 the second year is for 7.42 start-up costs, including employee 7.43 hiring and training, for the northern 7.44 BCA satellite laboratory facility in 7.45 the city of Bemidji, for which 7.46 predesign money was appropriated in 7.47 Laws 1998, chapter 404, section 13, 7.48 subdivision 11. 7.49 $15,000 the first year is for the 7.50 capitol security study described in 7.51 article 5, section 13. This is a 7.52 one-time appropriation. 7.53 $125,000 the second year is to expand 7.54 DNA testing of predatory offenders. 7.55 Subd. 4. Fire Marshal 7.56 3,099,000 3,203,000 8.1 $52,000 the second year is for a fire 8.2 code development and training 8.3 position. The permanent complement of 8.4 the division is increased by one 8.5 position. 8.6 The state fire marshal shall purchase 8.7 and maintain equipment for use at fire 8.8 scenes to enhance its response in arson 8.9 investigations. The costs related to 8.10 purchase and maintenance of this 8.11 equipment shall come out of the fire 8.12 marshal's base budget. 8.13 Subd. 5. Alcohol and Gambling Enforcement 8.14 1,821,000 1,849,000 8.15 $75,000 the first year and $75,000 the 8.16 second year are for liquor law 8.17 compliance check grants under article 8.18 2, section 21. By January 15, 2002, 8.19 the commissioner shall report to the 8.20 chairs and ranking minority members of 8.21 the senate and house committees and 8.22 divisions having jurisdiction over 8.23 criminal justice funding on the grants 8.24 awarded under this paragraph. This is 8.25 a one-time appropriation. 8.26 Subd. 6. Law Enforcement and Community Grants 8.27 10,290,000 7,583,000 8.28 $1,000,000 the first year is for grants 8.29 to pay the costs of developing or 8.30 implementing a criminal justice 8.31 information integration plan as 8.32 described in Minnesota Statutes, 8.33 section 299C.65, subdivision 6 or 7. 8.34 The commissioner shall make a minimum 8.35 of two grants from this appropriation. 8.36 This is a one-time appropriation. 8.37 The commissioner of public safety shall 8.38 consider using a portion of federal 8.39 Byrne grant funds for costs related to 8.40 developing or implementing a criminal 8.41 justice information system integration 8.42 plan as described in Minnesota 8.43 Statutes, section 299C.65, subdivision 8.44 6 or 7. 8.45 $400,000 the first year is for a grant 8.46 to the city of Marshall to construct, 8.47 furnish, and equip a regional emergency 8.48 response training center. The balance, 8.49 if any, does not cancel but is 8.50 available for the fiscal year ending 8.51 June 30, 2001. 8.52 $10,000 the first year is for the 8.53 commissioner of public safety to 8.54 reconvene the task force that developed 8.55 the statewide master plan for fire and 8.56 law enforcement training facilities 8.57 under Laws 1998, chapter 404, section 8.58 21, subdivision 3, for the purpose of 8.59 developing specific recommendations 8.60 concerning the siting, financing and 8.61 use of these training facilities. The 9.1 commissioner's report shall include 9.2 detailed recommendations concerning the 9.3 following issues: 9.4 (1) the specific cities, counties, or 9.5 regions of the state where training 9.6 facilities should be located; 9.7 (2) the reasons why a training facility 9.8 should be sited in the recommended 9.9 location, including a description of 9.10 the public safety training needs in 9.11 that part of the state; 9.12 (3) the extent to which neighboring 9.13 cities and counties should be required 9.14 to collaborate in funding and operating 9.15 the recommended training facilities; 9.16 (4) an appropriate amount for a local 9.17 funding match (up to 50 percent) for 9.18 cities and counties using the training 9.19 facility to contribute in money or 9.20 other resources to build, expand, or 9.21 operate the facility; 9.22 (5) the feasibility of providing 9.23 training at one or more of the 9.24 recommended facilities for both law 9.25 enforcement and fire safety personnel; 9.26 (6) whether the regional or statewide 9.27 need for increased public safety 9.28 training resources can be met through 9.29 the expansion of existing training 9.30 facilities rather than the creation of 9.31 new facilities and, if so, which 9.32 facilities should be expanded; and 9.33 (7) any other issues the task force 9.34 deems relevant. 9.35 By January 15, 2000, the commissioner 9.36 shall submit the report to the chairs 9.37 and ranking minority members of the 9.38 house and senate committees and 9.39 divisions with jurisdiction over 9.40 capital investment issues and criminal 9.41 justice funding and policy. 9.42 $746,000 the first year and $766,000 9.43 the second year are for personnel and 9.44 administrative costs for the criminal 9.45 gang oversight council and strike force 9.46 described in Minnesota Statutes, 9.47 section 299A.64. 9.48 $1,171,000 the first year and 9.49 $2,412,000 are for the grants 9.50 authorized under Minnesota Statutes, 9.51 section 299A.66, subdivisions 1 and 2. 9.52 Of this appropriation, $1,595,000 each 9.53 year shall be included in the 2002-2003 9.54 biennial base budget. 9.55 By January 15, 2000, the criminal gang 9.56 oversight council shall submit a report 9.57 to the chairs and ranking minority 9.58 members of the senate and house 9.59 committees and divisions with 9.60 jurisdiction over criminal justice 10.1 funding and policy describing the 10.2 following: 10.3 (1) the types of crimes on which the 10.4 oversight council and strike force have 10.5 primarily focused their investigative 10.6 efforts since their inception; 10.7 (2) a detailed accounting of how the 10.8 oversight council and strike force have 10.9 spent all funds and donations they have 10.10 received since their inception, 10.11 including donations of goods and 10.12 services; 10.13 (3) the extent to which the activities 10.14 of the oversight council and strike 10.15 force overlap or duplicate the 10.16 activities of the fugitive task force 10.17 or the activities of any federal, 10.18 state, or local task forces that 10.19 investigate interjurisdictional 10.20 criminal activity; and 10.21 (4) the long-term goals that the 10.22 criminal gang oversight council and 10.23 strike force hope to achieve. 10.24 The commissioner of public safety shall 10.25 consider using a portion of federal 10.26 Byrne grant funds for criminal gang 10.27 prevention and intervention activities 10.28 to (1) help gang members separate 10.29 themselves, or remain separated, from 10.30 gangs; and (2) prevent individuals from 10.31 becoming affiliated with gangs. 10.32 $50,000 the first year is for a grant 10.33 to the Minnesota Safety Council to 10.34 continue the crosswalk safety awareness 10.35 campaign. The Minnesota Safety Council 10.36 shall work with the department of 10.37 transportation to develop a long range 10.38 plan to continue the crosswalk safety 10.39 awareness campaign. 10.40 $500,000 the first year is for grants 10.41 under Minnesota Statutes, section 10.42 299A.62, subdivision 1. These grants 10.43 shall be distributed as provided in 10.44 Minnesota Statutes, section 299A.62, 10.45 subdivision 2. This is a one-time 10.46 appropriation. 10.47 Up to $30,000 of the appropriation for 10.48 grants under Minnesota Statutes, 10.49 section 299A.62, is for grants to 10.50 requesting local law enforcement 10.51 agencies to purchase dogs trained to 10.52 detect or locate controlled substances 10.53 by scent. Grants are limited to one 10.54 dog per county. 10.55 $500,000 the first year is a one-time 10.56 appropriation for a grant to the Ramsey 10.57 county attorney's office to establish 10.58 and fund the domestic assault and child 10.59 abuse prosecution unit. This is a 10.60 one-time appropriation. 10.61 $50,000 the first year and $50,000 the 11.1 second year are for grants to the 11.2 northwest Hennepin human services 11.3 council to administer the northwest 11.4 community law enforcement project, to 11.5 be available until June 30, 2001. This 11.6 is a one-time appropriation. 11.7 $30,000 the first year is to assist 11.8 volunteer ambulance services, licensed 11.9 under Minnesota Statutes, chapter 144E, 11.10 in purchasing automatic external 11.11 defibrillators. Ambulance services are 11.12 eligible for a grant under this 11.13 provision if they do not already 11.14 possess an automatic external 11.15 defibrillator and if they provide a 25 11.16 percent match in nonstate funds. This 11.17 is a one-time appropriation. 11.18 $50,000 the first year and $50,000 the 11.19 second year are for grants under 11.20 Minnesota Statutes, section 119A.31, 11.21 subdivision 1, clause (12), to 11.22 organizations that focus on 11.23 intervention and prevention of teenage 11.24 prostitution. 11.25 The commissioner of public safety shall 11.26 administer a program to distribute tire 11.27 deflators to local or state law 11.28 enforcement agencies selected by the 11.29 commissioner of public safety and to 11.30 distribute or otherwise make available 11.31 a computer-controlled driving simulator 11.32 to local or state law enforcement 11.33 agencies or POST-certified skills 11.34 programs selected by the commissioner 11.35 of public safety. 11.36 Before any decisions are made on which 11.37 law enforcement agencies will receive 11.38 tire deflators or the driving 11.39 simulator, a committee consisting of a 11.40 representative from the Minnesota 11.41 chiefs of police association, a 11.42 representative from the Minnesota 11.43 sheriffs association, a representative 11.44 from the state patrol, and a 11.45 representative from the Minnesota 11.46 police and peace officers association 11.47 shall evaluate the applications. The 11.48 commissioner shall consult with the 11.49 committee concerning its evaluation and 11.50 recommendations on distribution 11.51 proposals prior to making a final 11.52 decision on distribution. 11.53 Law enforcement agencies that receive 11.54 tire deflators under this section 11.55 must: (i) provide any necessary 11.56 training to their employees concerning 11.57 use of the tire deflators; (ii) compile 11.58 statistics on use of the tire deflators 11.59 and the results; (iii) provide a 11.60 one-to-one match in nonstate funds; and 11.61 (iv) report this information to the 11.62 commissioner as required. 11.63 Law enforcement agencies or 11.64 POST-certified skills programs that 11.65 receive a computer-controlled driving 12.1 simulator under this section must: 12.2 (1) provide necessary training to their 12.3 employees in emergency vehicle 12.4 operations and in the conduct of police 12.5 pursuits; 12.6 (2) provide a five-year plan for 12.7 maintaining the hardware necessary to 12.8 operate the driving simulator; 12.9 (3) provide a five-year plan to update 12.10 software necessary to operate the 12.11 driving simulator; 12.12 (4) provide a plan to make the driving 12.13 simulator available at a reasonable 12.14 cost and with reasonable availability 12.15 to other law enforcement agencies to 12.16 train their officers; and 12.17 (5) provide an estimate of the 12.18 availability of the driving simulator 12.19 for use by other law enforcement 12.20 agencies. 12.21 By January 15, 2001, the commissioner 12.22 shall report to the chairs and ranking 12.23 minority members of the house and 12.24 senate committees and divisions having 12.25 jurisdiction over criminal justice 12.26 matters on the tire deflators and the 12.27 driving simulator distributed under 12.28 this section. 12.29 $285,000 the first year is for a 12.30 one-time grant to the city of 12.31 Minneapolis to implement a coordinated 12.32 criminal justice system response to the 12.33 CODEFOR (Computer Optimized 12.34 Development-Focus on Results) law 12.35 enforcement strategy. This 12.36 appropriation is available until 12.37 expended. 12.38 $795,000 the first year is for a 12.39 one-time grant to Hennepin county to 12.40 implement a coordinated criminal 12.41 justice system response to the CODEFOR 12.42 (Computer Optimized Development-Focus 12.43 on Results) law enforcement strategy. 12.44 This appropriation is available until 12.45 expended. 12.46 $420,000 the first year is for a 12.47 one-time grant to the fourth judicial 12.48 district public defender's office to 12.49 accommodate the CODEFOR (Computer 12.50 Optimized Development-Focus on Results) 12.51 law enforcement strategy. This 12.52 appropriation is available until 12.53 expended. 12.54 $150,000 the first year and $150,000 12.55 the second year are for weed and seed 12.56 grants under Minnesota Statutes, 12.57 section 299A.63. Money not expended 12.58 the first year is available for grants 12.59 during the second year. This is a 12.60 one-time appropriation. 13.1 $200,000 each year is a one-time 13.2 appropriation for a grant to the center 13.3 for reducing rural violence to continue 13.4 the technical assistance and related 13.5 rural violence prevention services the 13.6 center offers to rural communities. 13.7 $500,000 the first year and $500,000 13.8 the second year are to operate the 13.9 weekend camp program at Camp Ripley 13.10 described in Laws 1997, chapter 239, 13.11 article 1, section 12, subdivision 3, 13.12 as amended by Laws 1998, chapter 367, 13.13 article 10, section 13. The powers and 13.14 duties of the department of corrections 13.15 with respect to the weekend program are 13.16 transferred to the department of public 13.17 safety under Minnesota Statutes, 13.18 section 15.039. The commissioner shall 13.19 attempt to expand the program to serve 13.20 500 juveniles per year within this 13.21 appropriation. 13.22 An additional $125,000 the first year 13.23 and $125,000 the second year are for 13.24 the weekend camp program at Camp Ripley. 13.25 $500,000 the first year and $500,000 13.26 the second year are for Asian-American 13.27 juvenile crime intervention and 13.28 prevention grants under Minnesota 13.29 Statutes, section 256.486. The powers 13.30 and duties of the department of human 13.31 services, with respect to that program, 13.32 are transferred to the department of 13.33 public safety under Minnesota Statutes, 13.34 section 15.039. This is a one-time 13.35 appropriation. 13.36 Sec. 8. CRIME VICTIM 13.37 SERVICES CENTER 13.38 Subdivision 1. Total 13.39 Appropriation 13,617,000 31,535,000 13.40 Subd. 2. Crime Victim 13.41 Reparations Board 13.42 2,126,000 2,133,000 13.43 $50,000 the first year and $45,000 the 13.44 second year are for computer system 13.45 enhancements. This is a one-time 13.46 appropriation. 13.47 Subd. 3. Crime Victims 13.48 Assistance 13.49 11,491,000 29,402,000 13.50 The executive director of the center 13.51 and the commissioner of human services 13.52 shall, in consultation with affected 13.53 parties, report by October 15, 1999, to 13.54 the governor, the commissioner of 13.55 finance, and appropriate legislative 13.56 committee chairs, on a complete plan 13.57 and legislation necessary for 13.58 implementation of the transfer of 13.59 payments to battered women's shelters 13.60 from the department to the center 14.1 effective July 1, 2000. The plan must 14.2 not exceed funding appropriated for 14.3 that purpose in fiscal year 2001 and 14.4 shall assume funding at that same level 14.5 for the following biennium. 14.6 $50,000 the first year and $50,000 the 14.7 second year are for the crime victim 14.8 emergency fund. 14.9 $109,000 the second year is for the 14.10 administration of the battered women's 14.11 shelter per diem payments. 14.12 $37,000 the first year and $38,000 the 14.13 second year are for the pilot project 14.14 grant program to provide 14.15 neighborhood-based services to crime 14.16 victims and witnesses described in 14.17 article 2, section 23. This 14.18 appropriation must be used by the grant 14.19 recipient to begin offering services in 14.20 new locations. This is a one-time 14.21 appropriation. 14.22 $103,000 the first year and $103,000 14.23 the second year are for grants under 14.24 Minnesota Statutes, section 611A.32, to 14.25 an existing battered women's shelter in 14.26 the city of Bloomington. 14.27 $103,000 the first year and $103,000 14.28 the second year are for grants under 14.29 Minnesota Statutes, section 611A.32, to 14.30 an American Indian battered women's 14.31 shelter in the city of Duluth. 14.32 $50,000 the first year is for a grant 14.33 to the Minnesota state colleges and 14.34 universities board to be used by the 14.35 center for applied research and policy 14.36 analysis at Metropolitan state 14.37 university to conduct a research 14.38 project to assess violence in the 14.39 Asian-Pacific communities and improve 14.40 data collection practices of mainstream 14.41 systems and institutions that work with 14.42 Asian-Pacific communities. By March 1, 14.43 2000, the center shall report the 14.44 results of the study to the chairs and 14.45 ranking minority members of the senate 14.46 and house committees and divisions 14.47 having jurisdiction over criminal 14.48 justice policy and funding. 14.49 $143,000 the first year is for grants 14.50 to the family violence coordinating 14.51 council in the fourth judicial district 14.52 for the development of a plan and the 14.53 evaluation and report by the domestic 14.54 fatality review team under article 2, 14.55 section 27. This appropriation is 14.56 available until expended. 14.57 $300,000 the first year and $300,000 14.58 the second year shall be used to award 14.59 a grant for the residential program for 14.60 women leaving prostitution described in 14.61 article 2, section 25. This is a 14.62 one-time appropriation. 15.1 $30,000 the first year and $30,000 the 15.2 second year are for grants to the city 15.3 of St. Paul to provide support services 15.4 to the surviving family members of 15.5 homicide, suicide, and accidental death 15.6 victims. This is a one-time 15.7 appropriation. 15.8 Sec. 9. CRIME VICTIM 15.9 OMBUDSMAN 404,000 389,000 15.10 $20,000 the first year is for the crime 15.11 victims case management system. 15.12 Sec. 10. BOARD OF PRIVATE DETECTIVE 15.13 AND PROTECTIVE AGENT SERVICES 135,000 140,000 15.14 Sec. 11. BOARD OF PEACE OFFICER 15.15 STANDARDS AND TRAINING 15.16 Summary by Fund 15.17 Special Revenue Fund Total 4,339,000 4,362,000 15.18 General Fund Total 300,000 300,000 15.19 This appropriation is from the peace 15.20 officer training account in the special 15.21 revenue fund. Any receipts credited to 15.22 the peace officer training account in 15.23 the special revenue fund in the first 15.24 year in excess of $4,339,000 must be 15.25 transferred and credited to the general 15.26 fund. Any receipts credited to the 15.27 peace officer training account in the 15.28 special revenue fund in the second year 15.29 in excess of $4,362,000 must be 15.30 transferred and credited to the general 15.31 fund. 15.32 $300,000 each year is appropriated from 15.33 the general fund for reimbursement to 15.34 local law enforcement agencies for the 15.35 cost of providing training in emergency 15.36 vehicle operations and police pursuit. 15.37 The board may transfer positions to 15.38 conduct the compliance reviews required 15.39 in Minnesota Statutes, section 626.8459. 15.40 Sec. 12. BOARD OF PUBLIC DEFENSE 15.41 Subdivision 1. Total 15.42 Appropriation 44,272,000 47,617,000 15.43 None of this appropriation shall be 15.44 used to pay for lawsuits against public 15.45 agencies or public officials to change 15.46 social or public policy. 15.47 The amounts that may be spent from this 15.48 appropriation for each program are 15.49 specified in the following subdivisions. 15.50 The state public defender may use money 15.51 appropriated as part of the office's 15.52 base budget to hire a personnel 15.53 director. 15.54 Subd. 2. State Public 15.55 Defender 16.1 3,080,000 3,383,000 16.2 $220,000 the second year is for salary 16.3 increases. 16.4 Subd. 3. Administrative Services 16.5 Office 16.6 1,215,000 1,243,000 16.7 $7,000 the second year is for salary 16.8 increases. 16.9 Subd. 4. District Public 16.10 Defense 16.11 39,977,000 42,991,000 16.12 $2,214,000 the second year is for 16.13 salary increases. 16.14 $1,069,000 the first year and 16.15 $1,119,000 the second year are for 16.16 grants to the five existing public 16.17 defense corporations under Minnesota 16.18 Statutes, section 611.216. 16.19 $300,000 the first year is for the 16.20 statewide connection project. 16.21 $50,000 the first year is for increased 16.22 public defender costs in the second 16.23 judicial district related to the 16.24 activities of the Ramsey county 16.25 attorney's domestic assault and child 16.26 abuse prosecution unit. This 16.27 appropriation is available until June 16.28 30, 2001. 16.29 Sec. 13. CORRECTIONS 16.30 Subdivision 1. Total 16.31 Appropriation 325,897,000 343,753,000 16.32 Summary by Fund 16.33 General 327,362,000 345,243,000 16.34 Special Revenue 1,122,000 1,122,000 16.35 The amounts that may be spent from this 16.36 appropriation for each program are 16.37 specified in the following subdivisions. 16.38 Any unencumbered balances remaining in 16.39 the first year do not cancel but are 16.40 available for the second year of the 16.41 biennium. 16.42 Positions and administrative money may 16.43 be transferred within the department of 16.44 corrections as the commissioner 16.45 considers necessary, upon the advance 16.46 approval of the commissioner of finance. 16.47 For the biennium ending June 30, 2001, 16.48 the commissioner of corrections may, 16.49 with the approval of the commissioner 16.50 of finance, transfer funds to or from 16.51 salaries. 17.1 During the biennium ending June 30, 17.2 2001, the commissioner may enter into 17.3 contracts with private corporations or 17.4 governmental units of the state of 17.5 Minnesota to house adult offenders 17.6 committed to the commissioner of 17.7 corrections. Every effort shall be 17.8 made to house individuals committed to 17.9 the commissioner of corrections in 17.10 Minnesota correctional facilities. 17.11 If the commissioner deems it necessary 17.12 to reduce staff positions during the 17.13 biennium ending June 30, 2001, the 17.14 commissioner shall reduce at least the 17.15 same percentage of management and 17.16 supervisory personnel as line and 17.17 support personnel to ensure employee 17.18 safety, inmate safety, and facility 17.19 security. By January 15, 2002, the 17.20 commissioner shall report to the chairs 17.21 and ranking minority members of the 17.22 senate and house committees and 17.23 divisions having jurisdiction over 17.24 criminal justice funding on whether it 17.25 was necessary to reduce staff 17.26 positions, and, if so, the percentage 17.27 of management and supervisory personnel 17.28 positions that were reduced compared 17.29 with the number of line and support 17.30 personnel positions reduced. 17.31 During the biennium ending June 30, 17.32 2001, if it is necessary to reduce 17.33 services or staffing within a 17.34 correctional facility, the commissioner 17.35 or the commissioner's designee shall 17.36 meet with affected exclusive 17.37 representatives. The commissioner 17.38 shall make every reasonable effort to 17.39 retain correctional officer and prison 17.40 industry employees should reductions be 17.41 necessary. 17.42 During the biennium ending June 30, 17.43 2001, the commissioner shall consider 17.44 ways to reduce the per diem in adult 17.45 correctional facilities. As part of 17.46 this consideration, the commissioner 17.47 shall consider reduction in management 17.48 and supervisory personnel levels in 17.49 addition to line staff levels within 17.50 adult correctional institutions, 17.51 provided this objective can be 17.52 accomplished without compromising 17.53 safety and security. By January 15, 17.54 2002, the commissioner shall report to 17.55 the chairs and ranking minority members 17.56 of the senate and house committees and 17.57 divisions having jurisdiction over 17.58 criminal justice funding on what 17.59 methods were considered to reduce per 17.60 diems under this paragraph and what 17.61 changes, if any, were implemented to 17.62 achieve the reductions. 17.63 Subd. 2. Correctional 17.64 Institutions 17.65 Summary by Fund 18.1 General Fund 207,086,000 222,346,000 18.2 Special Revenue Fund 865,000 785,000 18.3 $11,116,000 the first year and 18.4 $22,205,000 the second year are for 18.5 start-up and operating expenses of the 18.6 new custody level 4 correctional 18.7 facility at Rush City. 18.8 If the commissioner contracts with 18.9 other states, local units of 18.10 government, or the federal government 18.11 to rent beds in the Rush City 18.12 correctional facility under Minnesota 18.13 Statutes, section 243.51, subdivision 18.14 1, to the extent possible, the 18.15 commissioner shall charge a per diem 18.16 under the contract that is equal to or 18.17 greater than the per diem cost of 18.18 housing Minnesota inmates in the 18.19 facility. This per diem cost shall be 18.20 based on the assumption that the 18.21 facility is at or near capacity. 18.22 Notwithstanding any laws to the 18.23 contrary, the commissioner may use the 18.24 per diem monies to operate the state 18.25 correctional institutions. 18.26 $500,000 the first year and $500,000 18.27 the second year are for asset 18.28 preservation and facility repair. This 18.29 funding may be transferred between 18.30 programs, to the extent it is used for 18.31 the same purpose. The commissioner may 18.32 use any other available funding for 18.33 this purpose, to the extent it is not 18.34 inconsistent with any other law. 18.35 $532,000 the first year and $866,000 18.36 the second year are for the expansion 18.37 of the mental health and infirmary unit 18.38 at the Minnesota Correctional 18.39 Facility-Oak Park Heights. 18.40 $15,000 the first year is for a grant 18.41 to a Rice county-based organization for 18.42 the purpose of purchasing and placing 18.43 cemetery monuments or memorial 18.44 monuments on graves of former Faribault 18.45 Regional Center residents who are 18.46 buried in any cemetery located on the 18.47 grounds of MCF-Faribault or other 18.48 nearby cemeteries in Rice county. 18.49 Monuments shall not be placed if the 18.50 family of the deceased resident objects 18.51 to the placement of the monument. The 18.52 grant recipient must include family 18.53 members of deceased residents of the 18.54 regional center, members of local 18.55 service or charitable organizations, 18.56 members of the Faribault Chamber of 18.57 Commerce, and former employees of the 18.58 Faribault regional center. 18.59 Subd. 3. Juvenile Services 18.60 13,468,000 13,441,000 18.61 $100,000 the first year and $100,000 18.62 the second year are for asset 19.1 preservation and facility repair. This 19.2 funding may be transferred between 19.3 programs, to the extent it is used for 19.4 the same purpose. The commissioner may 19.5 use any other available funding for 19.6 this purpose, to the extent it is not 19.7 inconsistent with any other law. 19.8 $200,000 the first year and $200,000 19.9 the second year are to expand aftercare 19.10 and transition services to youth under 19.11 the care of the commissioner of 19.12 corrections. 19.13 $100,000 the first year and $100,000 19.14 the second year are for two academic 19.15 teacher positions at the Minnesota 19.16 Correctional Facility-Red Wing. 19.17 $65,000 the first year and $65,000 the 19.18 second year are for increased 19.19 vocational education at the Minnesota 19.20 Correctional Facility-Red Wing. 19.21 $200,000 the first year is for 19.22 severance costs related to the closure 19.23 of the Minnesota Correctional 19.24 Facility-Sauk Centre. 19.25 Subd. 4. Community Services 19.26 Summary by Fund 19.27 General 95,327,000 97,416,000 19.28 Special Revenue 90,000 90,000 19.29 All money received by the commissioner 19.30 of corrections pursuant to the domestic 19.31 abuse investigation fee under Minnesota 19.32 Statutes, section 609.2244, is 19.33 available for use by the commissioner 19.34 and is appropriated annually to the 19.35 commissioner of corrections for costs 19.36 related to conducting the 19.37 investigations. 19.38 $500,000 the first year and $500,000 19.39 the second year are for increased 19.40 funding for intensive community 19.41 supervision. 19.42 $1,500,000 the first year and 19.43 $3,500,000 the second year are for a 19.44 statewide probation and supervised 19.45 release caseload and workload reduction 19.46 grant program. Counties that deliver 19.47 correctional services through Minnesota 19.48 Statutes, chapter 244, and that qualify 19.49 for new probation officers under this 19.50 program shall receive full 19.51 reimbursement for the officers' 19.52 salaries and reimbursement for the 19.53 officers' benefits and support as set 19.54 forth in the probations standards task 19.55 force report, not to exceed $70,000 per 19.56 officer annually. Positions funded by 19.57 this appropriation may not supplant 19.58 existing services. Position control 19.59 numbers for these positions must be 19.60 annually reported to the commissioner 20.1 of corrections. 20.2 The commissioner shall distribute money 20.3 appropriated for state and county 20.4 probation officer caseload and workload 20.5 reduction, increased supervised release 20.6 and probation services, and county 20.7 probation officer reimbursement 20.8 according to the formula contained in 20.9 Minnesota Statutes, section 401.10. 20.10 These appropriations may not be used to 20.11 supplant existing state or county 20.12 probation officer positions or existing 20.13 correctional services or programs. The 20.14 money appropriated under this provision 20.15 is intended to reduce state and county 20.16 probation officer caseload and workload 20.17 overcrowding and to increase 20.18 supervision of individuals sentenced to 20.19 probation at the county level. This 20.20 increased supervision may be 20.21 accomplished through a variety of 20.22 methods, including, but not limited to: 20.23 (1) innovative technology services, 20.24 such as automated probation reporting 20.25 systems and electronic monitoring; 20.26 (2) prevention and diversion programs; 20.27 (3) intergovernmental cooperation 20.28 agreements between local governments 20.29 and appropriate community resources; 20.30 and 20.31 (4) traditional probation program 20.32 services. 20.33 By January 15, 2001, the commissioner 20.34 of corrections shall report to the 20.35 chairs and ranking minority members of 20.36 the senate and house committees and 20.37 divisions having jurisdiction over 20.38 criminal justice funding on the 20.39 outcomes achieved through the use of 20.40 state probation caseload reduction 20.41 appropriations made since 1995. The 20.42 commissioner shall, to the extent 20.43 possible, include an analysis of the 20.44 ongoing results relating to the 20.45 measures described in the uniform 20.46 statewide probation outcome measures 20.47 workgroup's 1998 report to the 20.48 legislature. 20.49 $150,000 each year is for a grant to 20.50 the Dodge-Filmore-Olmsted community 20.51 corrections agency for a pilot project 20.52 to increase supervision of sex 20.53 offenders who are on probation, 20.54 intensive community supervision, 20.55 supervised release, or intensive 20.56 supervised release by means of caseload 20.57 reduction. The grant shall be used to 20.58 reduce the number of offenders 20.59 supervised by officers with specialized 20.60 caseloads to an average of 35 20.61 offenders. This is a one-time 20.62 appropriation. The grant recipient 20.63 shall report by January 15, 2002, to 20.64 the House and Senate committees and 21.1 divisions with jurisdiction over 21.2 criminal justice policy and funding on 21.3 the outcomes of the pilot project. 21.4 $175,000 the first year and $175,000 21.5 the second year are for county 21.6 probation officer reimbursements. 21.7 $50,000 the first year and $50,000 the 21.8 second year are for the emergency 21.9 housing initiative. 21.10 $150,000 the first year and $150,000 21.11 the second year are for probation and 21.12 supervised release services. 21.13 $250,000 the first year and $250,000 21.14 the second year are for increased 21.15 funding of the sentencing to service 21.16 program and for a housing coordinator 21.17 for the institution work crews in the 21.18 sentencing to serve program. 21.19 $25,000 the first year and $25,000 the 21.20 second year are for sex offender 21.21 transition programming. 21.22 $250,000 each year is for increased bed 21.23 capacity for work release offenders. 21.24 $50,000 each year is for programming 21.25 for adult female offenders. 21.26 The following amounts are one-time 21.27 appropriations for the statewide 21.28 productive day initiative program 21.29 defined in Minnesota Statutes, section 21.30 241.275: 21.31 $472,000 to the Hennepin county 21.32 community corrections agency; 21.33 $472,000 to the Ramsey county community 21.34 corrections agency; 21.35 $590,000 to the Arrowhead regional 21.36 community corrections agency; 21.37 $425,000 to the Dodge-Fillmore-Olmsted 21.38 community corrections agency; 21.39 $283,000 to the Anoka county community 21.40 corrections agency; and 21.41 $118,000 to the tri-county (Polk, 21.42 Norman, and Red Lake) community 21.43 corrections agency. 21.44 $250,000 the first year and $250,000 21.45 the second year are for grants to 21.46 Dakota county for the community justice 21.47 zone pilot project described in article 21.48 2, section 24. This is a one-time 21.49 appropriation. 21.50 $230,000 the first year is for grants 21.51 related to restorative justice 21.52 programs. The commissioner may make 21.53 grants to fund new as well as existing 21.54 programs. This is a one-time 21.55 appropriation. 22.1 The money appropriated for restorative 22.2 justice program grants under this 22.3 subdivision may be used to fund the use 22.4 of restorative justice in domestic 22.5 abuse cases, except in cases where the 22.6 restorative justice process that is 22.7 used includes a meeting at which the 22.8 offender and victim are both present at 22.9 the same time. "Domestic abuse" has 22.10 the meaning given in Minnesota 22.11 Statutes, section 518B.01, subdivision 22.12 2. 22.13 $25,000 each year is for the juvenile 22.14 mentoring project. This is a one-time 22.15 appropriation. 22.16 Subd. 6. Management Services 22.17 Summary by Fund 22.18 General Fund 11,481,000 12,040,000 22.19 Special Revenue Fund 167,000 247,000 22.20 $800,000 the first year and $1,200,000 22.21 the second year are for technology 22.22 improvements. 22.23 Sec. 14. CORRECTIONS OMBUDSMAN 470,000 400,000 22.24 If the reduction in the base level 22.25 funding causes a reduction in the 22.26 number of employees, then the 22.27 commissioner of corrections and 22.28 commissioner of public safety shall 22.29 make reasonable efforts to transfer the 22.30 affected employees to positions within 22.31 the department of corrections or 22.32 department of public safety. 22.33 Sec. 15. SENTENCING GUIDELINES 22.34 COMMISSION 567,000 528,000 22.35 $100,000 the first year and $50,000 the 22.36 second year are for the sentencing 22.37 guidelines worksheet. This is a 22.38 one-time appropriation. 22.39 Sec. 16. HUMAN RIGHTS 3,862,000 3,924,000 22.40 Sec. 17. UNIFORM LAWS COMMISSION 37,000 38,000 22.41 Sec. 18. AUTOMOBILE THEFT PREVENTION 22.42 BOARD 2,277,000 1,886,000 22.43 This appropriation is from the 22.44 automobile theft prevention account in 22.45 the special revenue fund. 22.46 Of this appropriation, up to $400,000 22.47 the first year is transferred to the 22.48 commissioner of public safety for the 22.49 purchase and distribution of tire 22.50 deflators to local or state law 22.51 enforcement agencies and for the 22.52 purchase of a computer-controlled 22.53 driving simulator. Any amount not 22.54 spent by the commissioner of public 22.55 safety for this purpose shall be 22.56 returned to the automobile theft 23.1 prevention account in the special 23.2 revenue fund and may be used for other 23.3 automobile theft prevention activities. 23.4 The automobile theft prevention board 23.5 may not spend any money it receives 23.6 from surcharges in the fiscal year 23.7 2000-2001 biennium, unless the 23.8 legislature approves the spending. 23.9 The executive director of the auto 23.10 theft prevention board may not sit on 23.11 the automobile theft prevention board. 23.12 Sec. 19. ADMINISTRATION 3,554,000 -0- 23.13 $3,386,000 is to complete design 23.14 documents and site preparation for the 23.15 new facility for the bureau of criminal 23.16 apprehension in St. Paul for which site 23.17 acquisition and preliminary design 23.18 money were appropriated in Laws 1998, 23.19 chapter 404, section 13, subdivision 23.20 11. The commissioner may use a 23.21 design-build method of project 23.22 development and construction for this 23.23 project. The commissioner may award a 23.24 design-build contract on the basis of 23.25 requests for proposals or requests for 23.26 qualifications without bids. This is a 23.27 one-time appropriation. 23.28 $168,000 the first year is for the 23.29 maintenance of the former Minnesota 23.30 correctional facility-Sauk Centre. 23.31 This appropriation is available until 23.32 expended. This is a one-time 23.33 appropriation. 23.34 Sec. 20. ECONOMIC SECURITY 500,000 500,000 23.35 $500,000 the first year and $500,000 23.36 the second year are for grants to 23.37 cities of the first class that 23.38 demonstrate a need for creating and 23.39 expanding curfew enforcement, truancy 23.40 prevention, and pretrial diversion 23.41 programs. Programs funded under this 23.42 section must have clearly established 23.43 neighborhood, community, and family 23.44 outcome measures of success and must 23.45 report to the commissioner on the 23.46 achievement of these outcomes on or 23.47 before June 30, 2001. 23.48 Sec. 21. DEFICIENCY APPROPRIATION 23.49 Fiscal Year 1999 23.50 General 2,074,000 23.51 This appropriation for fiscal year 1999 23.52 is added to the appropriation in Laws 23.53 1997, chapter 239, article 1, section 23.54 7, subdivision 2, to provide matching 23.55 funds for federal emergency management 23.56 assistance funds received for natural 23.57 disaster assistance payments. This 23.58 appropriation is available the day 23.59 following final enactment. 24.1 Sec. 22. SUNSET OF 24.2 UNCODIFIED LANGUAGE 24.3 All uncodified language contained in 24.4 this article expires on June 30, 2001, 24.5 unless a different expiration date is 24.6 explicit. 24.7 ARTICLE 2 24.8 CRIME PREVENTION AND LAW ENFORCEMENT GRANTS 24.9 Section 1. Minnesota Statutes 1998, section 119A.26, is 24.10 amended to read: 24.11 119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 24.12 Subdivision 1. [OFFICE
; ASSISTANT COMMISSIONER.] The 24.13 office of drug policy and violence prevention is an office in 24.14 the department of children, families, and learningpublic 24.15 safety, headed by an assistant commissioner appointed bythe 24.16 commissioner to serve in the unclassified service. 24.17 The assistantcommissioner may appoint other employees. 24.18 The assistantcommissioner shall coordinate the violence 24.19 prevention activities and the prevention and supply reduction 24.20 activities of state and local agencies and provide one24.21 professional staff member to assist on a full-time basis the24.22 work of the chemical abuse prevention resource counciluse the 24.23 resources of the office to conduct activities related to crime 24.24 prevention and enforcement as deemed necessary. 24.25 Subd. 2. [DUTIES.] (a) The assistantcommissioner shall: 24.26 (1) gather, develop, and make available throughout the 24.27 state information and educational materials on preventing and 24.28 reducing violence in the family and in the community, both 24.29 directly and by serving as a clearinghouse for information and 24.30 educational materials from schools, state and local agencies, 24.31 community service providers, and local organizations; 24.32 (2) foster collaboration among schools, state and local 24.33 agencies, community service providers, and local organizations 24.34 that assist in violence intervention or prevention; 24.35 (3) assist schools, state and local agencies, service 24.36 providers, and organizations, on request, with training and 24.37 other programs designed to educate individuals about violence 24.38 and reinforce values that contribute to ending violence; 25.1 (4) after consulting with all state agencies involved in 25.2 preventing or reducing violence within the family or community, 25.3 develop a statewide strategy for preventing and reducing 25.4 violence that encompasses the efforts of those agencies and 25.5 takes into account all money available for preventing or 25.6 reducing violence from any source; 25.7 (5) submit the strategy to the governor by January 15 of 25.8 each calendar year, along with a summary of activities occurring 25.9 during the previous year to prevent or reduce violence 25.10 experienced by children, young people, and their families; and25.11 (6) assist appropriate professional and occupational 25.12 organizations, including organizations of law enforcement 25.13 officers, prosecutors, and educators, in developing and 25.14 operating informational and training programs to improve the 25.15 effectiveness of activities to prevent or reduce violence within 25.16 the family or community; and 25.17 (7) take other actions deemed necessary to reduce the 25.18 incidence of crime. 25.19 The commissioner also may, through this program, support 25.20 activities and strategies of the criminal gang council and 25.21 strike force as specified in sections 299A.64, 299A.65, and 25.22 299A.66. 25.23 (b) The assistantcommissioner shall gather and make 25.24 available information on prevention and supply reduction 25.25 activities throughout the state, foster cooperation among 25.26 involved state and local agencies, and assist agencies and 25.27 public officials in training and other programs designed to 25.28 improve the effectiveness of prevention and supply reduction 25.29 activities. 25.30 (c) The assistantcommissioner shall coordinate the 25.31 distribution of funds received by the state of Minnesota through 25.32 the federal Anti-Drug Abuse Act. The assistantcommissioner 25.33 shall recommend to the commissionerdetermine recipients of 25.34 grants under sections 119A.30 and 299A.33, after consultation 25.35 with the chemical abuse prevention resource council. 25.36 (d) The assistantcommissioner shall: 26.1 (1) after consultation with all state agencies involved in 26.2 prevention or supply reduction activities, develop a state 26.3 chemical abuse and dependency strategy encompassing the efforts 26.4 of those agencies and taking into account all money available 26.5 for prevention and supply reduction activities, from any source; 26.6 (2) submit the strategy to the governor by January 15 of 26.7 each year, along with a summary of prevention and supply 26.8 reduction activities during the preceding calendar year; 26.9 (3) assist appropriate professional and occupational 26.10 organizations, including organizations of law enforcement 26.11 officers, prosecutors, and educators, in developing and 26.12 operating informational and training programs to improve the 26.13 effectiveness of prevention and supply reduction activities; 26.14 (4) provide information, including information on drug 26.15 trends, and assistance to state and local agencies, both 26.16 directly and by functioning as a clearinghouse for information 26.17 from other agencies; 26.18 (5) facilitate cooperation among drug program agencies; and 26.19 (6) in coordination with the chemical abuse prevention 26.20 resource council, review, approve, and coordinate the 26.21 administration of prevention, criminal justice, and treatment 26.22 grants. 26.23 Sec. 2. Minnesota Statutes 1998, section 119A.28, 26.24 subdivision 2, is amended to read: 26.25 Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 26.26 furtherance of the general purpose specified in subdivision 1, 26.27 the council shall: 26.28 (1) assist state agencies in the coordination of drug 26.29 policies and programs and in the provision of services to other 26.30 units of government, communities, and citizens; 26.31 (2) promote among state agencies policies to achieve 26.32 uniformity in state and federal grant programs and to streamline 26.33 those programs; 26.34 (3) oversee comprehensive data collection and research and 26.35 evaluation of alcohol and drug program activities; 26.36 (4) seek the advice and counsel of appropriate interest 27.1 groups and advise the assistantcommissioner of the office of27.2 drug policy and violence preventionpublic safety; 27.3 (5) seek additional private funding for community-based 27.4 programs and research and evaluation; 27.5 (6) evaluate whether law enforcement narcotics task forces 27.6 should be reduced in number and increased in geographic size, 27.7 and whether new sources of funding are available for the task 27.8 forces; 27.9 (7) continue to promote clarity of roles among federal, 27.10 state, and local law enforcement activities; and 27.11 (8) establish criteria to evaluate law enforcement drug 27.12 programs. 27.13 Sec. 3. Minnesota Statutes 1998, section 119A.28, 27.14 subdivision 3, is amended to read: 27.15 Subd. 3. [GRANT PROGRAMS.] The council shall, in 27.16 coordination with the assistantcommissioner of the office of27.17 drug policy and violence prevention, review and approve state 27.18 agency plans regarding the use of federal funds for programs to 27.19 reduce chemical abuse or reduce the supply of controlled 27.20 substances. The appropriate state agencies would have 27.21 responsibility for management of state and federal drug grant 27.22 programs. 27.23 Sec. 4. Minnesota Statutes 1998, section 119A.29, 27.24 subdivision 1, is amended to read: 27.25 Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The 27.26 commissioner of children, families, and learningpublic safety 27.27 may establish pilot projects at neighborhood centers serving 27.28 youths between the ages of 11 to 21. The centers may offer 27.29 recreational activities, social services, meals, job skills and 27.30 career services, and provide referrals for youths to other 27.31 available services outside the centers. The commissioner may 27.32 consult with other appropriate agencies and, to the extent 27.33 possible, use existing resources and staff in creating the 27.34 programs. The commissioner shall ensure that the programs, if 27.35 offered, are adequately staffed by specially trained personnel 27.36 and outreach street workers. Each center may integrate 28.1 community volunteers into the program's activities and services 28.2 and cooperate with local law enforcement agencies. The centers 28.3 must be open during hours convenient to youths including 28.4 evenings, weekends, and extended summer hours. However, there 28.5 may not be any conflicts with truancy laws. Each center must 28.6 have a plan for evaluation designed to measure the program's 28.7 effectiveness in aiding youths. 28.8 Sec. 5. Minnesota Statutes 1998, section 119A.31, 28.9 subdivision 3, is amended to read: 28.10 Subd. 3. [REPORT.] The commissioner shall submit a written 28.11 report to the children's cabinet andchairs of the committees of 28.12 the senate and house of representatives with jurisdiction over 28.13 criminal justice policy and funding of crime prevention 28.14 programs, by February 1 each year, based on the information 28.15 provided by applicants under this subdivision. 28.16 Sec. 6. Minnesota Statutes 1998, section 119A.32, is 28.17 amended to read: 28.18 119A.32 [OTHER DUTIES.] 28.19 The assistantcommissioner assigned to the office of drug28.20 policy and violence preventionof public safety, in consultation 28.21 with the chemical abuse and violence prevention council, shall: 28.22 (1) provide information and assistance upon request to 28.23 school preassessment teams established under section 121A.26 and 28.24 school and community advisory teams established under section 28.25 121A.27; 28.26 (2) provide information and assistance upon request to the 28.27 state board of pharmacy with respect to the board's enforcement 28.28 of chapter 152; 28.29 (3) cooperate with and provide information and assistance 28.30 upon request to the alcohol and other drug abuse section in the 28.31 department of human services; 28.32 (4) assist in coordinatingcoordinate the policy of the 28.33 office with that of the narcotic enforcement unit in the bureau 28.34 of criminal apprehension; and 28.35 (5) coordinate the activities of the regional drug task 28.36 forces, provide assistance and information to them upon request, 29.1 and assist in the formation of task forces in areas of the state 29.2 in which no task force operates. 29.3 Sec. 7. Minnesota Statutes 1998, section 119A.33, is 29.4 amended to read: 29.5 119A.33 [COOPERATION OF OTHER AGENCIES.] 29.6 State agencies, and agencies and governing bodies of 29.7 political subdivisions, shall cooperate with the assistant29.8 commissioner assigned to the office of drug policycommissioner 29.9 of public safety and shall provide any public information 29.10 requested by the assistantcommissioner assigned to the office29.11 of drug policy. 29.12 Sec. 8. Minnesota Statutes 1998, section 119A.34, 29.13 subdivision 3, is amended to read: 29.14 Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant29.15 commissioner of the office of drug policypublic safety may 29.16 award a grant to a county, multicounty organization, or city, as 29.17 described in subdivision 1, for establishing and operating a 29.18 multidisciplinary chemical abuse prevention team. The assistant29.19 commissioner may approve up to five applications for grants 29.20 under this subdivision. The grant funds must be used to 29.21 establish a multidisciplinary chemical abuse prevention team to 29.22 carry out the duties in subdivision 2. 29.23 Sec. 9. Minnesota Statutes 1998, section 119A.34, 29.24 subdivision 4, is amended to read: 29.25 Subd. 4. [ ASSISTANT COMMISSIONER;ADMINISTRATION OF 29.26 GRANTS.] The assistantcommissioner shall develop a process for 29.27 administering grants under subdivision 3. The process must be 29.28 compatible with the community grant program under the Drug Free 29.29 Schools and Communities Act, Public Law Number 100-690. The 29.30 process for administering the grants must include establishing 29.31 criteria the assistantcommissioner shall apply in awarding 29.32 grants. The assistantcommissioner shall issue requests for 29.33 proposals for grants under subdivision 3. The request must be 29.34 designed to obtain detailed information about the applicant and 29.35 other information the assistantcommissioner considers necessary 29.36 to evaluate and select a grant recipient. The applicant shall 30.1 submit a proposal for a grant on a form and in a manner 30.2 prescribed by the assistantcommissioner. The assistant30.3 commissioner shall award grants under this section so that 50 30.4 percent of the funds appropriated for the grants go to the 30.5 metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 30.6 Ramsey, Scott, and Washington counties, and 50 percent of the 30.7 funds go to the area outside the metropolitan area. The process 30.8 for administering the grants must also include procedures for 30.9 monitoring the recipients' use of grant funds and reporting 30.10 requirements for grant recipients. 30.11 Sec. 10. Minnesota Statutes 1998, section 256.486, 30.12 subdivision 1, is amended to read: 30.13 Subdivision 1. [GRANT PROGRAM.] The commissioner of human30.14 servicespublic safety shall establish a grant program for 30.15 coordinated, family-based crime intervention and prevention 30.16 services for Asian-American youth. The commissioners of human 30.17 services, children, families, and learning, and public safety 30.18 shall work together to coordinate grant activities. 30.19 Sec. 11. Minnesota Statutes 1998, section 256.486, 30.20 subdivision 2, is amended to read: 30.21 Subd. 2. [GRANT RECIPIENTS.] The commissioner, in 30.22 consultation with the Asian-Pacific council, shall award grants 30.23 in amounts up to $150,000 to agencies based in the 30.24 Asian-American community that have experience providing 30.25 coordinated, family-based community services to Asian-American 30.26 youth and families. 30.27 Sec. 12. [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN, 30.28 FAMILIES, AND LEARNING.] 30.29 The powers and duties of the department of children, 30.30 families, and learning with respect to the office of drug policy 30.31 and violence prevention and community advisory violence 30.32 prevention council under Minnesota Statutes 1998, sections 30.33 119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 30.34 119A.33, and 119A.34, are transferred to the department of 30.35 public safety under section 15.039. 30.36 Sec. 13. Minnesota Statutes 1998, section 299A.62, 31.1 subdivision 1, is amended to read: 31.2 Subdivision 1. [PROGRAM ESTABLISHED.] A community-oriented 31.3 policing grant program is established under the administration 31.4 of the commissioner of public safety. Grants may be awarded as 31.5 provided in subdivision 2 for the following purposes: 31.6 (1) to enable local law enforcement agencies to hire law 31.7 enforcement officers. The grants must be used by law 31.8 enforcement agencies to increase the complement of officers in 31.9 the agency by paying the salaries of new officers who replace an 31.10 existing officer who has been reassigned primarily to 31.11 investigate and prevent juvenile crime or to perform 31.12 community-oriented policing duties; and31.13 (2) to enable local law enforcement agencies to assign 31.14 overtime officers to high crime areas within their 31.15 jurisdictions; and 31.16 (3) to enable local law enforcement agencies to implement 31.17 or expand community-oriented policing projects, liaison efforts 31.18 with local school districts, and other innovative community 31.19 policing initiatives. 31.20 Sec. 14. Minnesota Statutes 1998, section 299C.65, 31.21 subdivision 2, is amended to read: 31.22 Subd. 2. [REPORT, TASK FORCE.] The policy group shall file 31.23 an annual report with the governor, supreme court, and 31.24 legislaturechairs and ranking minority members of the senate 31.25 and house committees and divisions with jurisdiction over 31.26 criminal justice funding and policy by December 1 of each 31.27 even-numbered year. 31.28 The report must make recommendations concerning any 31.29 legislative changes or appropriations that are needed to ensure 31.30 that the criminal justice information systems operate accurately 31.31 and efficiently. To assist them in developing their 31.32 recommendations, the chair, the commissioners, and the 31.33 administrator shall appoint a task force consisting of the 31.34 members of the criminal and juvenile justice information policy 31.35 group or their designees and the following additional members: 31.36 (1) the director of the office of strategic and long-range 32.1 planning; 32.2 (2) two sheriffs recommended by the Minnesota sheriffs 32.3 association; 32.4 (3) two police chiefs recommended by the Minnesota chiefs 32.5 of police association; 32.6 (4) two county attorneys recommended by the Minnesota 32.7 county attorneys association; 32.8 (5) two city attorneys recommended by the Minnesota league 32.9 of cities; 32.10 (6) two public defenders appointed by the board of public 32.11 defense; 32.12 (7) two district judges appointed by the conference of 32.13 chief judges, one of whom is currently assigned to the juvenile 32.14 court; 32.15 (8) two community corrections administrators recommended by 32.16 the Minnesota association of counties, one of whom represents a 32.17 community corrections act county; 32.18 (9) two probation officers; 32.19 (10) twofour public members, one of whom has been a victim 32.20 of crime, and two who are representatives of the private 32.21 business community who have expertise in integrated information 32.22 systems; 32.23 (11) two court administrators; 32.24 (12) two membersone member of the house of representatives 32.25 appointed by the speaker of the house; and32.26 (13) two membersone member of the senate appointed by the 32.27 majority leader .; 32.28 (14) the attorney general or a designee; 32.29 (15) the commissioner of administration or a designee; 32.30 (16) an individual recommended by the Minnesota league of 32.31 cities; and 32.32 (17) an individual recommended by the Minnesota association 32.33 of counties. 32.34 In making these appointments, the appointing authority shall 32.35 select members with expertise in integrated data systems or best 32.36 practices. 33.1 Sec. 15. Minnesota Statutes 1998, section 299C.65, 33.2 subdivision 5, is amended to read: 33.3 Subd. 5. [REVIEW OF FUNDING REQUESTAND GRANT 33.4 REQUESTS.] (a) The criminal and juvenile justice information 33.5 policy group shall review the funding requests for criminal 33.6 justice information systems from state, county, and municipal 33.7 government agencies. The policy group shall review the requests 33.8 for compatibility to statewide criminal justice information 33.9 systemssystem standards. The review shall be forwarded to the 33.10 chairs and ranking minority members of the house judiciary33.11 committee and judiciary finance division, and the chairs of the33.12 senate crime prevention committee and crime prevention and33.13 judiciary finance divisionand senate committees and divisions 33.14 with jurisdiction over criminal justice funding and policy. 33.15 (b) The policy group shall also review funding requests for 33.16 criminal justice information systems grants to be made by the 33.17 commissioner of public safety as provided in this section. 33.18 Within the limits of available appropriations, the commissioner 33.19 of public safety shall make grants for projects that have been 33.20 approved by the policy group. 33.21 (c) If a funding request is for development of a 33.22 comprehensive criminal justice information integration plan, the 33.23 policy group shall ensure that the request contains the 33.24 components specified in subdivision 6. If a funding request is 33.25 for implementation of a plan or other criminal justice 33.26 information systems project, the policy group shall ensure that: 33.27 (1) the government agency has adopted a comprehensive plan 33.28 that complies with subdivision 6; 33.29 (2) the request contains the components specified in 33.30 subdivision 7; and 33.31 (3) the request demonstrates that it is consistent with the 33.32 government agency's comprehensive plan. 33.33 Sec. 16. Minnesota Statutes 1998, section 299C.65, is 33.34 amended by adding a subdivision to read: 33.35 Subd. 6. [DEVELOPMENT OF INTEGRATION PLAN.] (a) If a 33.36 funding request is for funds to develop a comprehensive criminal 34.1 justice information integration plan to integrate all systems 34.2 within a jurisdiction, the requesting agency must submit to the 34.3 policy group a request that contains the following components: 34.4 (1) the vision, mission, goals, objectives, and scope of 34.5 the integration plan; 34.6 (2) a statement of need identifying problems, 34.7 inefficiencies, gaps, overlaps, and barriers within the 34.8 requesting agency's jurisdiction, including those related to 34.9 current systems and interfaces, business practices, policies, 34.10 laws, and rules; 34.11 (3) a list of agency heads and staff who will direct the 34.12 effort and a statement demonstrating collaboration among all of 34.13 the agencies involved; 34.14 (4) a statement that the integration plan would integrate 34.15 all systems within the six major business functions of the 34.16 criminal justice community, including incident reporting, 34.17 investigation, arrest, detention, adjudication, and disposition, 34.18 including postsentence supervision and treatment, and related 34.19 civil, family, and human services proceedings, processes, and 34.20 services, to the extent it was cost beneficial; 34.21 (5) a statement demonstrating that the requesting agency 34.22 has consulted with individuals involved in day-to-day business 34.23 practices, use, and operation of current criminal justice 34.24 information systems so as to identify barriers and gaps; 34.25 (6) a planning methodology that will result in at least the 34.26 following deliverables: 34.27 (i) an identification of problems in the state's criminal 34.28 justice data model, where applicable, including data policy 34.29 problems and proposed changes; 34.30 (ii) a function and process model that includes business 34.31 process improvement and redesign opportunities, prioritized 34.32 business change objectives, and short-term opportunities for 34.33 improvement that can be pursued immediately while developing and 34.34 implementing the long-range integration plan; 34.35 (iii) a technology model that includes network, 34.36 communication, and security standards and guidelines; 35.1 (iv) an application architecture; 35.2 (v) a complete gap analysis that includes identification of 35.3 gaps, omissions, and redundancies in the collection and 35.4 dissemination of criminal justice information in the requesting 35.5 agency's jurisdiction; 35.6 (vi) an assessment of current and alternative directions 35.7 for business practices, applications, and technology, ranging 35.8 from simple modifications to complete redesign; 35.9 (vii) a business process redesign model, showing existing 35.10 and redesigned process and process vision, future performance 35.11 targets, design principles, new process flow, and benefits; and 35.12 (viii) a long-range integration plan that includes time 35.13 frames for the retirement, renewal, or redevelopment of systems 35.14 and applications identified in clauses (i) to (vii) along with 35.15 justification based on age, business processes not supported, 35.16 and data deficiencies; 35.17 (7) projected timelines for developing and executing the 35.18 plan; 35.19 (8) an estimate of the resources needed to develop, 35.20 execute, operate, and maintain the integration plan; 35.21 (9) a statement that the final integration plan will 35.22 contain all the components in this subdivision in final form; 35.23 (10) an identification of how the applicant will satisfy 35.24 the match requirements of subdivision 8; and 35.25 (11) any other matters the policy group deems necessary for 35.26 successful development or implementation of the integration plan 35.27 and resulting systems. 35.28 (b) An agency may submit an interim integration plan to the 35.29 policy group if it identifies high priority integration tasks 35.30 during the development of the integration plan. The interim 35.31 plan shall identify the tasks and the business case for 35.32 completing these tasks in advance of completing the entire plan. 35.33 Sec. 17. Minnesota Statutes 1998, section 299C.65, is 35.34 amended by adding a subdivision to read: 35.35 Subd. 7. [IMPLEMENTATION OF INTEGRATION PLAN.] If the 35.36 request is for funds to implement an integration plan, the 36.1 requesting agency must submit the following to the policy group: 36.2 (1) an integration plan containing the components described 36.3 in subdivision 6; 36.4 (2) a description of how implementation of the integration 36.5 plan will improve operation of the criminal justice system in 36.6 the requesting agency's jurisdiction; 36.7 (3) an identification of how the applicant will satisfy the 36.8 match requirement in subdivision 8; and 36.9 (4) a means for evaluating outcomes of the plan's 36.10 implementation. 36.11 Sec. 18. Minnesota Statutes 1998, section 299C.65, is 36.12 amended by adding a subdivision to read: 36.13 Subd. 8. [LOCAL MATCH.] The policy group may approve 36.14 grants only if the applicant provides matching funds to pay 36.15 one-half of the costs of developing or implementing the 36.16 integration plan. The policy group shall adopt policies 36.17 concerning the use of in kind resources to satisfy a portion of 36.18 the match requirement and the sources from which matching funds 36.19 may be obtained. 36.20 Sec. 19. Minnesota Statutes 1998, section 299C.65, is 36.21 amended by adding a subdivision to read: 36.22 Subd. 9. [DOCUMENTATION AND REPORTING REQUIREMENTS.] Every 36.23 recipient of matching funds to develop or implement an 36.24 integration plan shall submit to the policy group all requested 36.25 documentation, including final plans and a report evaluating 36.26 whether and how the development or implementation of the 36.27 integration plan improved the operation of the criminal justice 36.28 system in the requesting agency's jurisdiction. The policy 36.29 group shall establish the recipient's reporting dates at the 36.30 time funds are awarded. 36.31 Sec. 20. [INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM 36.32 AID; REPORT REQUIRED.] 36.33 By January 15, 2000, the legislative commission on planning 36.34 and fiscal policy shall report to the chairs and ranking 36.35 minority members of the senate and house committees and 36.36 divisions having jurisdiction over criminal justice funding and 37.1 policy on the advisability of using county criminal justice aid 37.2 to encourage the development of integrated criminal justice 37.3 information systems. 37.4 Sec. 21. [LIQUOR LAW COMPLIANCE CHECK GRANT PROGRAM.] 37.5 The commissioner of public safety may award grants to local 37.6 units of government to conduct compliance checks for on-sale and 37.7 off-sale intoxicating liquor license holders to determine 37.8 whether the license holder is complying with Minnesota Statutes, 37.9 section 340A.503. The commissioner shall develop criteria for 37.10 issuing grants under this section. By February 1, 2000, and 37.11 February 1, 2001, grant recipients shall report to the 37.12 commissioner on how grant money was used, including information 37.13 on compliance checks conducted in the reporting period. 37.14 Sec. 22. [REGIONAL ADULT DETENTION FACILITY CONSTRUCTION 37.15 PLANNING GRANTS.] 37.16 Subdivision 1. [GRANT PROGRAM ESTABLISHED; CONTENTS OF 37.17 REQUIRED PLANS.] The supreme court, through the state court 37.18 administrator, shall make grants under this section to judicial 37.19 districts, groups of two or more counties, or groups that 37.20 include at least one county or judicial district and a tribal 37.21 government, to plan the construction of regional adult detention 37.22 facilities. Grant recipients shall use the money to develop a 37.23 plan that, at a minimum, must include the following items 37.24 related to the facility, if known: its location, its inmate 37.25 capacity, any services to be offered to inmates, its 37.26 construction costs, its per diem and operating costs, and its 37.27 number of beds, if any, that will be available for use by 37.28 counties or other entities outside the judicial district. If 37.29 the amount of the grant permits, the recipient shall conduct a 37.30 predesign study for the proposed facility. 37.31 Subd. 2. [GRANT DISTRIBUTION.] The state court 37.32 administrator shall distribute grants equitably across the state 37.33 so that the planning needs of each judicial district for 37.34 construction of regional adult detention facilities are 37.35 addressed. The state court administrator shall award grants and 37.36 determine the amount of grants in a manner that attempts to 38.1 bring judicial districts across the state to a uniform level of 38.2 planning for the construction of regional adult detention 38.3 facilities. To further this goal, if the state court 38.4 administrator determines that the planning contemplated by this 38.5 section has already been conducted for a judicial district, the 38.6 administrator shall increase the amount of grants to recipients 38.7 from districts not as far advanced in the planning process to 38.8 bring these districts up to the level of the districts that have 38.9 conducted planning. 38.10 Subd. 3. [REPORT REQUIRED.] (a) By January 15, 2000, the 38.11 state court administrator shall report to the chairs and ranking 38.12 minority members of the senate and house committees or divisions 38.13 having jurisdiction over criminal justice funding on grants made 38.14 pursuant to this section. 38.15 (b) By January 15, 2000, recipients of grants shall forward 38.16 the plans funded by the grant to the chairs and ranking minority 38.17 members of the senate and house committees or divisions having 38.18 jurisdiction over criminal justice funding. 38.19 Sec. 23. [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 38.20 TO CRIME VICTIMS AND WITNESSES.] 38.21 Subdivision 1. [PROGRAM ESTABLISHED.] The executive 38.22 director of the center for crime victim services shall 38.23 administer a pilot project grant program and make grants to 38.24 nonprofit organizations to provide neighborhood-based services 38.25 to victims and witnesses of crime during the period between the 38.26 occurrence of the crime and the filing of charges against the 38.27 alleged perpetrator. Grant recipients must target victims and 38.28 witnesses of crime from groups that currently underreport crime, 38.29 including recent immigrants or refugees, communities of color, 38.30 and victims of bias-motivated crime. Services must be provided 38.31 in locations and at times typically convenient to prospective 38.32 clients. The types of services that may be offered by grant 38.33 recipients are those that attempt to address the lack of trust 38.34 and understanding that prospective clients have of the criminal 38.35 justice system and include legal advice and advocacy services. 38.36 The executive director shall ensure that grants under this 39.1 section fund pilot projects offering the described services in 39.2 at least two locations. 39.3 Subd. 2. [REQUIRED REPORT.] By January 15, 2002, the 39.4 executive director shall report to the chairs and ranking 39.5 minority members of the senate and house committees and 39.6 divisions having jurisdiction over criminal justice funding on 39.7 the grants made and pilot projects funded under this section. 39.8 Sec. 24. [PILOT PROJECT FOR COMMUNITY JUSTICE ZONE IN 39.9 DAKOTA COUNTY.] 39.10 Subdivision 1. [PILOT PROJECT ESTABLISHED.] Dakota county 39.11 is authorized to establish a community justice zone pilot 39.12 project that includes the redesign of juvenile court. 39.13 Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota 39.14 county shall select two or three communities within Dakota 39.15 county as sites for the pilot project. Within each community 39.16 selected, the Dakota county juvenile court and the department of 39.17 community corrections shall identify organizations to serve as 39.18 partners in the redesign of juvenile court and development of 39.19 community justice zones. The partner organizations shall 39.20 include schools, social service agencies, law enforcement 39.21 agencies, city officials, housing representatives, community 39.22 groups, and faith communities. The juvenile court and 39.23 department of community corrections shall meet with 39.24 representatives of the partner organizations to identify common 39.25 values and to adopt an action plan. The action plan may 39.26 include, but not be limited to, any or all of the following: 39.27 (1) community forums with criminal justice system 39.28 representatives; 39.29 (2) community notification and involvement in prison 39.30 release cases; 39.31 (3) development of a criminal justice team with a community 39.32 prosecutor, local police officers, and probation officers; 39.33 (4) a prosecutor outreach program in designated community 39.34 schools; 39.35 (5) support circles for supervised release offenders; 39.36 (6) probation and police teams; 40.1 (7) expansion of circle sentencing and development of 40.2 guidelines for circle sentencing; 40.3 (8) probation officers working out of police stations; 40.4 (9) peace officer and probation officer ride-along 40.5 programs; 40.6 (10) expansion of school-based probation; and 40.7 (11) crime prevention outreach through local cable 40.8 television and other media outlets. 40.9 Subd. 3. [REPORT.] The Dakota county community corrections 40.10 department with the Dakota county juvenile court shall report to 40.11 the house and senate committees responsible for criminal justice 40.12 policy by January 15, 2001, with an evaluation of the project 40.13 and recommendations for implementation in other jurisdictions. 40.14 Sec. 25. [RESIDENTIAL PROGRAMS FOR WOMEN LEAVING 40.15 PROSTITUTION; GRANT.] 40.16 Subdivision 1. [GRANT AUTHORIZED.] The executive director 40.17 of the center for crime victim services shall award a grant to a 40.18 nonprofit organization to develop and administer a residential 40.19 program for women leaving prostitution. The executive director 40.20 shall award a grant to a nonprofit organization that can 40.21 demonstrate a 25 percent funding match. The funding match may 40.22 come from local or federal sources, the nonprofit organization, 40.23 or any other source. Residential program services include, but 40.24 are not limited to, chemical dependency services, sexual trauma 40.25 mental health services, and independent living skills 40.26 preparation, including living skills development and 40.27 coordination of community resources for personal and family 40.28 stability and success. 40.29 Subd. 2. [GRANT ADMINISTRATION.] The executive director 40.30 shall develop a process for administering the grant, including 40.31 criteria for the grant. The executive director shall issue a 40.32 request for proposals for a grant under subdivision 1. The 40.33 request must be designed to obtain detailed information about 40.34 the applicant and other information the executive director 40.35 considers necessary to evaluate and select a grant recipient. 40.36 The applicant shall submit a proposal grant on a form and in a 41.1 manner prescribed by the executive director. 41.2 Sec. 26. [BUREAU OF CRIMINAL APPREHENSION, BEMIDJI 41.3 SATELLITE LABORATORY FACILITY.] 41.4 Subdivision 1. [LEASE-PURCHASE AGREEMENT.] The 41.5 commissioner of administration and the city of Bemidji may enter 41.6 into a lease-purchase agreement providing for the state to 41.7 acquire a northern satellite laboratory facility for the bureau 41.8 of criminal apprehension in the city of Bemidji, for which 41.9 predesign money was appropriated in Laws 1998, chapter 404, 41.10 section 13, subdivision 11. The lease-purchase agreement is 41.11 subject to the following terms: 41.12 (1) the term of the lease must not exceed 20 years; 41.13 (2) the lease-purchase agreement must provide the 41.14 commissioner of administration with a unilateral right to 41.15 purchase the satellite laboratory facility from the city of 41.16 Bemidji at the end of the lease term for a specified amount 41.17 based upon the outstanding balance of the revenue bonds issued 41.18 by the city under subdivision 2; 41.19 (3) the lease-purchase agreement must provide for the 41.20 construction of the satellite laboratory facility in accordance 41.21 with the plans and specifications submitted by the commissioner; 41.22 (4) the lease-purchase agreement must provide for annual 41.23 lease payments to the city of Bemidji equal to the annual 41.24 principal and interest payments due on the revenue bonds issued 41.25 by the city under subdivision 2, plus any service fees charged 41.26 by the trustee or paying agent in connection with the bond 41.27 payments; and 41.28 (5) the lease-purchase agreement must provide the 41.29 commissioner with complete authority over the construction, 41.30 operation, and maintenance of the satellite laboratory facility. 41.31 Subd. 2. [CONSTRUCTION OF FACILITY.] The city of Bemidji 41.32 may acquire the necessary site and construct, or cause to be 41.33 constructed, the satellite laboratory facility in accordance 41.34 with the lease-purchase agreement authorized in subdivision 1. 41.35 The city of Bemidji may issue revenue bonds to finance site 41.36 acquisition and construction of the satellite laboratory 42.1 facility under Minnesota Statutes, chapter 475, provided that 42.2 the bonds are deemed to be payable wholly from the proceeds of a 42.3 revenue producing convenience for all purposes of Minnesota 42.4 Statutes, chapter 475. 42.5 Sec. 27. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT.] 42.6 Subdivision 1. [PILOT PROJECT AUTHORIZED; PURPOSE.] The 42.7 fourth judicial district may establish a domestic fatality 42.8 review team as a 30-month pilot project to review domestic 42.9 violence deaths that have occurred in the district. The purpose 42.10 of the review team is to assess domestic violence deaths in 42.11 order to develop recommendations for policies and protocols for 42.12 community prevention and intervention initiatives to reduce and 42.13 eliminate the incidence of domestic violence and resulting 42.14 fatalities. 42.15 Subd. 2. [DEFINITION OF DOMESTIC VIOLENCE 42.16 DEATH.] "Domestic violence death" means a homicide or suicide 42.17 under any of the following circumstances: 42.18 (1) the alleged perpetrator and victim resided together at 42.19 any time; 42.20 (2) the alleged perpetrator and victim have a child in 42.21 common, regardless of whether they were married or lived 42.22 together at any time; 42.23 (3) the alleged perpetrator and victim were married, 42.24 separated, or divorced; 42.25 (4) the alleged perpetrator and victim had a sexual 42.26 relationship or a significant romantic relationship; 42.27 (5) the alleged perpetrator had been stalking the victim; 42.28 (6) the homicide victim lived in the same household, was 42.29 present in the workplace of, was in proximity of, or was related 42.30 by blood or affinity to a victim who experienced or was 42.31 threatened with domestic abuse by the alleged perpetrator; 42.32 (7) the victim or the perpetrator was a child of a person 42.33 in a relationship that is described within this definition; or 42.34 (8) any other circumstances that the domestic fatality 42.35 review team decides falls within the parameters of its mission. 42.36 "Domestic violence death" must be interpreted broadly to 43.1 give the domestic fatality review team discretion to review 43.2 fatalities that have occurred both directly and peripherally to 43.3 domestic relationships. 43.4 Subd. 3. [MEMBERSHIP.] (a) The chief judge, in 43.5 consultation with the family violence coordinating council, 43.6 shall appoint the members of the domestic fatality review team. 43.7 Membership must reflect a commitment to diversity and relevant 43.8 professional experience. The review team members must include: 43.9 (1) the medical examiner; 43.10 (2) a judicial court officer (judge or referee); 43.11 (3) a county and city attorney and a public defender; 43.12 (4) the county sheriff and a peace officer; 43.13 (5) a representative from family court services and the 43.14 department of corrections; 43.15 (6) a physician familiar with domestic violence issues; 43.16 (7) a representative from district court administration and 43.17 the domestic abuse service center; 43.18 (8) a public citizen representative or a representative 43.19 from a civic organization; 43.20 (9) a mental health professional; and 43.21 (10) domestic violence advocates or shelter workers. 43.22 (b) There must be at least three domestic violence 43.23 advocates or shelter workers on the domestic fatality review 43.24 team. No two members may represent the same agency. Members 43.25 representing advocates or shelters must be selected by the 43.26 advocacy community. At least one position must be designated 43.27 for a minority representative and one position must rotate in 43.28 order to include an advocate from the community in which the 43.29 fatality under review took place. 43.30 (c) The domestic fatality review team may also invite other 43.31 relevant persons to serve on an ad hoc basis and participate as 43.32 full members of the review team for a particular review. These 43.33 persons may include, but are not limited to: 43.34 (1) individuals with particular expertise that would be 43.35 helpful to the review panel; or 43.36 (2) representatives of organizations or agencies that had 44.1 contact with or provided services to the homicide victim, or to 44.2 the alleged perpetrator, a victim who experienced or was 44.3 threatened with domestic abuse by the alleged perpetrator, or a 44.4 family member of one of those individuals. 44.5 Subd. 4. [EVALUATION AND REPORT.] (a) The domestic 44.6 fatality review team shall develop a system for evaluating the 44.7 effectiveness of its program and shall focus on identifiable 44.8 goals and outcomes. An evaluation must include data components 44.9 as well as input from individuals involved in the review process. 44.10 (b) The domestic fatality review team shall issue two 44.11 annual reports to the legislature during the pilot project; one 44.12 on or before December 31, 2000, and one on or before December 44.13 31, 2001. The reports must consist of the written aggregate 44.14 recommendations of the domestic fatality review team without 44.15 reference to specific cases. The December 31, 2001, report must 44.16 include recommendations for legislation. The reports must be 44.17 available upon request and distributed to the governor, attorney 44.18 general, supreme court, county board, and district court. 44.19 Sec. 28. [INSTRUCTION TO REVISOR.] 44.20 The revisor of statutes shall renumber each section of 44.21 Minnesota Statutes listed in column A with the number listed in 44.22 column B. The revisor shall also make necessary cross-reference 44.23 changes consistent with the renumbering. 44.24 Column A Column B 44.25 119A.25 299A.281 44.26 119A.26 299A.282 44.27 119A.27 299A.283 44.28 119A.28 299A.284 44.29 119A.29 299A.285 44.30 119A.31 299A.286 44.31 119A.32 299A.287 44.32 119A.33 299A.288 44.33 119A.34 299A.289 44.34 256.486 299A.2892 44.35 Sec. 29. [REPEALER.] 44.36 Minnesota Statutes 1998, section 119A.04, subdivision 5, is 45.1 repealed. 45.2 ARTICLE 3 45.3 GENERAL CRIMINAL PROVISIONS 45.4 Section 1. Minnesota Statutes 1998, section 340A.703, is 45.5 amended to read: 45.6 340A.703 [MISDEMEANORS.] 45.7 Where no other penalty is specified a violation of any 45.8 provision of this chapter is a misdemeanor. A minimum fine of 45.9 $100 must be assessed against a person under the age of 21 years 45.10 who violates section 340A.503. 45.11 Sec. 2. Minnesota Statutes 1998, section 590.01, 45.12 subdivision 1, is amended to read: 45.13 Subdivision 1. [PETITION.] Except at a time when direct 45.14 appellate relief is available, a person convicted of a crime, 45.15 who claims that: 45.16 (1) the conviction obtained or the sentence or other 45.17 disposition made violated the person's rights under the 45.18 Constitution or laws of the United States or of the state ,; or 45.19 (2) scientific evidence not available at trial, obtained 45.20 pursuant to a motion granted under subdivision 1a, establishes 45.21 the petitioner's actual innocence; 45.22 may commence a proceeding to secure relief by filing a petition 45.23 in the district court in the county in which the conviction was 45.24 had to vacate and set aside the judgment and to discharge the 45.25 petitioner or to resentence the petitioner or grant a new trial 45.26 or correct the sentence or make other disposition as may be 45.27 appropriate. Nothing contained herein shall prevent the supreme 45.28 court or the court of appeals, upon application by a party, from 45.29 granting a stay of a case on appeal for the purpose of allowing 45.30 an appellant to apply to the district court for an evidentiary 45.31 hearing under the provisions of this chapter. The proceeding 45.32 shall conform with sections 590.01 to 590.06. 45.33 Sec. 3. Minnesota Statutes 1998, section 590.01, is 45.34 amended by adding a subdivision to read: 45.35 Subd. 1a. [MOTION FOR FINGERPRINT OR FORENSIC TESTING NOT 45.36 AVAILABLE AT TRIAL.] (a) A person convicted of a crime may make 46.1 a motion for the performance of fingerprint or forensic DNA 46.2 testing to demonstrate the person's actual innocence if: 46.3 (1) the testing is to be performed on evidence secured in 46.4 relation to the trial which resulted in the conviction; and 46.5 (2) the evidence was not subject to the testing because 46.6 either the technology for the testing was not available at the 46.7 time of the trial or the testing was not available as evidence 46.8 at the time of the trial. 46.9 The motion shall be filed before the district court that entered 46.10 the judgment of conviction. Reasonable notice of the motion 46.11 shall be served on the prosecuting attorney who represented the 46.12 state at trial. 46.13 (b) A person who makes a motion under paragraph (a) must 46.14 present a prima facie case that: 46.15 (1) identity was an issue in the trial; and 46.16 (2) the evidence to be tested has been subject to a chain 46.17 of custody sufficient to establish that it has not been 46.18 substituted, tampered with, replaced, or altered in any material 46.19 aspect. 46.20 (c) The court shall order that the testing be performed if: 46.21 (1) a prima facie case has been established under paragraph 46.22 (b); 46.23 (2) the testing has the scientific potential to produce 46.24 new, noncumulative evidence materially relevant to the 46.25 defendant's assertion of actual innocence; and 46.26 (3) the testing requested employs a scientific method 46.27 generally accepted within the relevant scientific community. 46.28 The court shall impose reasonable conditions on the testing 46.29 designed to protect the state's interests in the integrity of 46.30 the evidence and the testing process. 46.31 Sec. 4. Minnesota Statutes 1998, section 609.035, 46.32 subdivision 1, is amended to read: 46.33 Subdivision 1. Except as provided in subdivisions 2, 3, 46.34 and4, and 5, and in sections 609.251, 609.585, 609.21, 46.35 subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 46.36 if a person's conduct constitutes more than one offense under 47.1 the laws of this state, the person may be punished for only one 47.2 of the offenses and a conviction or acquittal of any one of them 47.3 is a bar to prosecution for any other of them. All the 47.4 offenses, if prosecuted, shall be included in one prosecution 47.5 which shall be stated in separate counts. 47.6 Sec. 5. Minnesota Statutes 1998, section 609.035, 47.7 subdivision 2, is amended to read: 47.8 Subd. 2. (a) When a person is being sentenced for a 47.9 violation of a provision listed in paragraph (f), the court may 47.10 sentence the person to a consecutive term of imprisonment for a 47.11 violation of any other provision listed in paragraph (f), 47.12 notwithstanding the fact that the offenses arose out of the same 47.13 course of conduct, subject to the limitation on consecutive 47.14 sentences contained in section 609.15, subdivision 2, and except 47.15 as provided in paragraphs (b), (c), and (d) of this subdivision. 47.16 (b) When a person is being sentenced for a violation of 47.17 section 169.129 the court may not impose a consecutive sentence 47.18 for a violation of a provision of section 169.121, subdivision 47.19 1, or for a violation of a provision of section 171.20, 171.24, 47.20 or 171.30. 47.21 (c) When a person is being sentenced for a violation of 47.22 section 171.20, 171.24, or 171.30, the court may not impose a 47.23 consecutive sentence for another violation of a provision in 47.24 chapter 171. 47.25 (d) When a person is being sentenced for a violation of 47.26 section 169.791 or 169.797, the court may not impose a 47.27 consecutive sentence for another violation of a provision of 47.28 sections 169.79 to 169.7995. 47.29 (e) This subdivision does not limit the authority of the 47.30 court to impose consecutive sentences for crimes arising on 47.31 different dates or to impose a consecutive sentence when a 47.32 person is being sentenced for a crime and is also in violation 47.33 of the conditions of a stayed or otherwise deferred sentence 47.34 under section 609.135. 47.35 (f) This subdivision applies to misdemeanor and gross 47.36 misdemeanor violations of the following if the offender has two 48.1 or more prior impaired driving convictions as defined in section 48.2 169.121, subdivision 3: 48.3 (1) section 169.121, subdivision 1, driving while 48.4 intoxicated; 48.5 (2) section 169.121, subdivision 1a, testing refusal; 48.6 (3) section 169.129, aggravated driving while intoxicated; 48.7 (4) section 169.791, failure to provide proof of insurance; 48.8 (5) section 169.797, failure to provide vehicle insurance; 48.9 (6) section 171.20, subdivision 2, operation after 48.10 revocation, suspension, cancellation, or disqualification; 48.11 (7) section 171.24, driving without valid license; and 48.12 (8) section 171.30, violation of condition of limited 48.13 license ; and48.14 (9) section 609.487, fleeing a peace officer. 48.15 Sec. 6. Minnesota Statutes 1998, section 609.035, is 48.16 amended by adding a subdivision to read: 48.17 Subd. 5. [EXCEPTION; FLEEING A PEACE OFFICER.] 48.18 Notwithstanding subdivision 1, a prosecution or conviction for 48.19 violating section 609.487 is not a bar to conviction of or 48.20 punishment for any other crime committed by the defendant as 48.21 part of the same conduct. If an offender is punished for more 48.22 than one crime as authorized by this subdivision and the court 48.23 imposes consecutive sentences for the crimes, the consecutive 48.24 sentences are not a departure from the sentencing guidelines. 48.25 Sec. 7. Minnesota Statutes 1998, section 609.3461, 48.26 subdivision 1, is amended to read: 48.27 Subdivision 1. [UPON SENTENCING.] The court shall order an 48.28 offender to provide a biological specimen for the purpose of DNA 48.29 analysis as defined in section 299C.155 when: 48.30 (1) the court sentences a person charged with violating or 48.31 attempting to violate section 609.185, clause (2), 609.342,48.32 609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2),48.33 who is convicted of violating one of those sectionsany of the 48.34 following, and the person is convicted of that offense or of any 48.35 offense arising out of the same set of circumstances ;: 48.36 (i) murder under section 609.185, 609.19, or 609.195; 49.1 (ii) manslaughter under section 609.20 or 609.205; 49.2 (iii) assault under section 609.221, 609.222, or 609.223; 49.3 (iv) robbery under section 609.24 or aggravated robbery 49.4 under section 609.245; 49.5 (v) kidnapping under section 609.25; 49.6 (vi) false imprisonment under section 609.255; 49.7 (vii) criminal sexual conduct under section 609.342, 49.8 609.343, 609.344, or 609.345; 49.9 (viii) incest under section 609.365; 49.10 (ix) burglary under section 609.582, subdivision 1; or 49.11 (x) indecent exposure under section 617.23, subdivision 3, 49.12 clause (2); 49.13 (2) the court sentences a person as a patterned sex 49.14 offender under section 609.108; or 49.15 (3) the juvenile court adjudicates a person a delinquent 49.16 child who is the subject of a delinquency petition for violating 49.17 or attempting to violate section 609.185, clause (2), 609.342,49.18 609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2)49.19 any of the following, and the delinquency adjudication is based 49.20 on a violation of one of those sections or of any offense 49.21 arising out of the same set of circumstances: 49.22 (i) murder under section 609.185, 609.19, or 609.195; 49.23 (ii) manslaughter under section 609.20 or 609.205; 49.24 (iii) assault under section 609.221, 609.222, or 609.223; 49.25 (iv) robbery under section 609.24 or aggravated robbery 49.26 under section 609.245; 49.27 (v) kidnapping under section 609.25; 49.28 (vi) false imprisonment under section 609.255; 49.29 (vii) criminal sexual conduct under section 609.342, 49.30 609.343, 609.344, or 609.345; 49.31 (viii) incest under section 609.365; 49.32 (ix) burglary under section 609.582, subdivision 1; or 49.33 (x) indecent exposure under section 617.23, subdivision 3, 49.34 clause (2). 49.35 The biological specimen or the results of the analysis shall be 49.36 maintained by the bureau of criminal apprehension as provided in 50.1 section 299C.155. 50.2 Sec. 8. Minnesota Statutes 1998, section 609.3461, 50.3 subdivision 2, is amended to read: 50.4 Subd. 2. [BEFORE RELEASE.] If a person convicted of50.5 violating or attempting to violate section 609.185, clause (2),50.6 609.342, 609.343, 609.344, 609.345, or 617.23, subdivision 3,50.7 clause (2), or initially charged with violating one of those50.8 sections and convicted of another offense arising out of the50.9 same set of circumstances, or sentenced as a patterned sex50.10 offender under section 609.108, and committed to the custody of50.11 the commissioner of corrections, or serving a term of50.12 imprisonment in this state under a reciprocal agreement although50.13 convicted in another state of an offense described in this50.14 subdivision or a similar law of the United States or any other50.15 state, has not provided a biological specimen for the purpose of50.16 DNA analysis,The commissioner of corrections or local 50.17 corrections authority shall order thea person to provide a 50.18 biological specimen for the purpose of DNA analysis before 50.19 completion of the person's term of imprisonment .when the person 50.20 has not provided a biological specimen for the purpose of DNA 50.21 analysis and the person: 50.22 (1) was convicted of violating or attempting to violate any 50.23 of the following or initially charged with violating one of the 50.24 following sections and convicted of another offense arising out 50.25 of the same set of circumstances: 50.26 (i) murder under section 609.185, 609.19, or 609.195; 50.27 (ii) manslaughter under section 609.20 or 609.205; 50.28 (iii) assault under section 609.221, 609.222, or 609.223; 50.29 (iv) robbery under section 609.24 or aggravated robbery 50.30 under section 609.245; 50.31 (v) kidnapping under section 609.25; 50.32 (vi) false imprisonment under section 609.255; 50.33 (vii) criminal sexual conduct under section 609.342, 50.34 609.343, 609.344, or 609.345; 50.35 (viii) incest under section 609.365; 50.36 (ix) burglary under section 609.582, subdivision 1; or 51.1 (x) indecent exposure under section 617.23, subdivision 3, 51.2 clause (2); or 51.3 (2) was sentenced as a patterned sex offender under section 51.4 609.108, and committed to the custody of the commissioner of 51.5 corrections; or 51.6 (3) is serving a term of imprisonment in this state under a 51.7 reciprocal agreement although convicted in another state of an 51.8 offense described in this subdivision or a similar law of the 51.9 United States or any other state. The commissioner of 51.10 corrections or local corrections authority shall forward the 51.11 sample to the bureau of criminal apprehension. 51.12 Sec. 9. [INSTRUCTION TO REVISOR.] 51.13 The revisor of statutes shall renumber Minnesota Statutes 51.14 1998, section 609.3461, as section 609.117. 51.15 Sec. 10. [REPEALER.] 51.16 Minnesota Statutes 1998, section 609.113, is repealed. 51.17 Sec. 11. [EFFECTIVE DATE.] 51.18 Sections 1 and 4 to 6 are effective August 1, 1999, and 51.19 apply to crimes committed on or after that date. 51.20 Sections 7 to 9 are effective July 1, 2000, and apply to 51.21 offenders sentenced or released on or after that date. 51.22 Section 10 is effective the day after final enactment. 51.23 ARTICLE 4 51.24 CORRECTIONS 51.25 Section 1. Minnesota Statutes 1998, section 16B.35, is 51.26 amended by adding a subdivision to read: 51.27 Subd. 1b. [EXCEPTION.] A prohibition on using state 51.28 appropriations to pay for art in correctional facilities does 51.29 not apply to art produced through programming in correctional 51.30 facilities. 51.31 Sec. 2. Minnesota Statutes 1998, section 241.016, is 51.32 amended to read: 51.33 241.016 [ AGENCYANNUAL PERFORMANCE REPORTING; RECIDIVISM51.34 ANALYSISREPORT REQUIRED.] 51.35 Subdivision 1. [ANNUAL REPORT.] Notwithstanding section 51.36 15.91, the department of corrections shall issue a performance 52.1 report by November 30 of each year. The issuance and content of 52.2 the report must conform with section 15.91. 52.3 Subd. 2. [RECIDIVISM ANALYSIS.] The report required 52.4 by section 15.91subdivision 1 must include an evaluation and 52.5 analysis of the programming in all department of corrections 52.6 facilities. This evaluation and analysis must include: 52.7 (1) a description of the vocational, work, and industries 52.8 programs and information on the recidivism rates for offenders 52.9 who participated in these types of programming; 52.10 (2) a description of the educational programs and 52.11 information on the recidivism rates for offenders who 52.12 participated in educational programming; and 52.13 (3) a description of the chemical dependency, sex offender, 52.14 and mental health treatment programs and information on the 52.15 recidivism rates for offenders who participated in these 52.16 treatment programs. 52.17 The analysis of recidivism rates must include a breakdown 52.18 of recidivism rates for juvenile offenders, adult male 52.19 offenders, and adult female offenders. 52.20 Sec. 3. Minnesota Statutes 1998, section 241.0221, 52.21 subdivision 4, is amended to read: 52.22 Subd. 4. [MINIMUM STANDARDS.] (a) The commissioner shall 52.23 establish, under chapter 14, minimum standards for the 52.24 construction or rehabilitation of all local detention facilities 52.25 and their operations by July 1, 1993. Interim standards 52.26 developed by the commissioner may be used until that time. 52.27 (b) The commissioner shall establish requirements for 52.28 alternative detention program subsidies and the maximum amount 52.29 of funding each eligible participating county can receive. 52.30 These subsidy requirements are not subject to chapter 14 52.31 procedures. Compliance with requirements established by the 52.32 commissioner constitutes a minimum requirement for the granting 52.33 of subsidy funding. 52.34 (c) The commissioner may administratively establish minimum 52.35 training service requirements and the maximum amount of funding 52.36 that will be annually expended by the department of corrections 53.1 for such training. 53.2 Sec. 4. [241.272] [FEE COLLECTION.] 53.3 Subdivision 1. [DEFINITION.] (a) As used in this section, 53.4 the following terms have the meanings given them: 53.5 (b) "Correctional fees" include fees for the following 53.6 correctional services: 53.7 (1) community service work placement and supervision; 53.8 (2) restitution collection; 53.9 (3) supervision; 53.10 (4) court-ordered investigations; or 53.11 (5) any other service provided by a probation officer or 53.12 parole agency for offenders supervised by the commissioner of 53.13 corrections. 53.14 (c) "Probation" has the meaning given in section 609.02, 53.15 subdivision 15. 53.16 (d) "Supervised release" has the meaning given in section 53.17 244.01, subdivision 7. 53.18 Subd. 2. [CORRECTIONAL FEES ESTABLISHED.] To defray costs 53.19 associated with correctional services, the commissioner of 53.20 corrections may establish a schedule of correctional fees to 53.21 charge persons convicted of a crime and supervised by the 53.22 commissioner. The correctional fees on the schedule must be 53.23 reasonably related to offenders' abilities to pay and the actual 53.24 cost of correctional services. 53.25 Subd. 3. [FEE COLLECTION.] (a) The commissioner of 53.26 corrections may impose and collect fees from individuals on 53.27 probation and supervised release at any time while the offender 53.28 is under sentence or after the sentence has been discharged. 53.29 (b) The commissioner may use any available civil means of 53.30 debt collection in collecting a correctional fee. 53.31 Subd. 4. [EXEMPTION FROM FEE.] The commissioner of 53.32 corrections may waive payment of the fee if the commissioner 53.33 determines that the offender does not have the ability to pay 53.34 the fee, the prospects for payment are poor, or there are 53.35 extenuating circumstances justifying waiver of the fee. Instead 53.36 of waiving the fee, the commissioner may require the offender to 54.1 perform community work service as a means of paying the fee. 54.2 Subd. 5. [RESTITUTION PAYMENT PRIORITY.] If an offender 54.3 has been ordered by a court to pay restitution, the offender 54.4 shall be obligated to pay the restitution ordered before paying 54.5 the correctional fee. However, if the offender is making 54.6 reasonable payments to satisfy the restitution obligation, the 54.7 commissioner may also collect a correctional fee. 54.8 Subd. 6. [USE OF FEES.] Correctional fees collected under 54.9 this section go to the general fund. 54.10 Subd. 7. [ANNUAL REPORT.] Beginning January 15, 2001, the 54.11 commissioner shall submit an annual report on the implementation 54.12 of this section to the chairs and ranking minority members of 54.13 the senate and house committees and divisions with jurisdiction 54.14 over criminal justice funding and policy. At a minimum, the 54.15 report shall include information on the types of correctional 54.16 services for which fees were imposed, the aggregate amount of 54.17 fees imposed, and the amount of fees collected. 54.18 Sec. 5. Minnesota Statutes 1998, section 241.275, 54.19 subdivision 1, is amended to read: 54.20 Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) As used in 54.21 this section, "correctional facility" includes a community-based 54.22 day program toin which an adult or juvenile offender is 54.23 sentenced in lieu of incarcerationplaced as part of a sentence 54.24 or disposition order, if the program provides close supervision 54.25 of offenders through such means as electronic monitoring and 54.26 drug and alcohol testing. 54.27 (b) TheAll counties of Hennepin, Ramsey, and St. Louis54.28 shall eachare encouraged to establish a productive day 54.29 initiative program in their correctional facilities as described54.30 in this sectionfor adult and juvenile offenders under their 54.31 jurisdiction. The productive day program shall be designed to 54.32 motivate sentenced offenders in local correctional54.33 facilitiesoffenders to develop basic life and work skills 54.34 through training and education, thereby creating opportunities 54.35 for offenders to achieve more successful integration into the 54.36 community upon their release. 55.1 Sec. 6. Minnesota Statutes 1998, section 241.275, 55.2 subdivision 2, is amended to read: 55.3 Subd. 2. [PROGRAM COMPONENTS.] The productive day 55.4 initiative programs shallmay include, but are not limited to, 55.5 components described in paragraphs (a) to (c). 55.6 (a) The initiative programs shallmay contain programs 55.7 designed to promote the offender's self-esteem, self-discipline, 55.8 and economic self-sufficiency by providing structured training 55.9 and education with respect to basic life skills, including 55.10 hygiene, personal financial budgeting, literacy, and conflict 55.11 management. 55.12 (b) The programs shallmay contain individualized 55.13 educational, vocational, and work programs designed to 55.14 productively occupy an offender for at least eight hours a day. 55.15 (c) The program administrators shallmay develop 55.16 correctional industry programs, including marketing efforts to 55.17 attract work opportunities both inside correctional facilities 55.18 and outside in the community. Program options may include 55.19 expanding and reorganizing on-site industry programs, locating 55.20 off-site industry work areas, community service work programs, 55.21 and employment programs. To develop innovative work programs, 55.22 program administrators may enlist members of the business and 55.23 labor community to help target possible productive enterprises 55.24 for offender work programs. 55.25 (d) Whenever offenders are assigned to work within the 55.26 correctional facility or with any state department or agency, 55.27 local unit of government, or other government subdivision, the 55.28 program administrator must certify to the appropriate bargaining 55.29 agent that work performed by offenders will not result in the 55.30 displacement of current employed workers or workers on seasonal 55.31 layoff or layoff from a substantially equivalent position, 55.32 including partial displacement such as reduction in hours of 55.33 work other than overtime work, wages, or other employment 55.34 benefits. 55.35 Sec. 7. Minnesota Statutes 1998, section 242.192, is 55.36 amended to read: 56.1 242.192 [CHARGES TO COUNTIES.] 56.2 The commissioner shall charge counties or other appropriate 56.3 jurisdictions for the actual per diem cost of confinement, 56.4 excluding educational costs, of juveniles at the Minnesota 56.5 correctional facility-Red Wing and of juvenile females committed 56.6 to the commissioner of corrections. This charge applies to both 56.7 counties that participate in the Community Corrections Act and 56.8 those that do not. The commissioner shall annually determine 56.9 costs, making necessary adjustments to reflect the actual costs 56.10 of confinement. All money received under this section must be 56.11 deposited in the state treasury and credited to the general fund. 56.12 Sec. 8. [243.95] [MINNESOTA CORRECTIONAL FACILITY - RUSH 56.13 CITY.] 56.14 There is established the Minnesota correctional facility - 56.15 Rush City at Rush City, Minnesota, in which may be placed 56.16 persons committed to the commissioner of corrections by the 56.17 courts of this state who, in the opinion of the commissioner, 56.18 may benefit from the programs available in the facility. The 56.19 general control and management of the facility shall be under 56.20 the commissioner of corrections. 56.21 Sec. 9. Minnesota Statutes 1998, section 244.18, 56.22 subdivision 3, is amended to read: 56.23 Subd. 3. [FEE COLLECTION.] The chief executive officer of 56.24 a local correctional agency may collect local correctional fees 56.25 assessed under section 609.102. The local correctional agency 56.26 may collect the fee at any time while the offender is under 56.27 sentence or after the sentence has been discharged. A local 56.28 probation and parole agency established under section 244.19 or 56.29 community corrections agency established under section 401.02 56.30 may not impose a fee under this section if the offender is 56.31 supervised by the commissioner of corrections and the 56.32 commissioner of corrections imposes and collects a fee under 56.33 section 241.272. The agency may use any available civil means 56.34 of debt collection in collecting a local correctional fee. 56.35 Sec. 10. Minnesota Statutes 1998, section 609.102, is 56.36 amended by adding a subdivision to read: 57.1 Subd. 2a. [IMPOSITION OF CORRECTIONAL FEE.] When a person 57.2 convicted of a crime is supervised by the commissioner of 57.3 corrections, the commissioner may collect a correctional fee 57.4 under section 241.272. 57.5 Sec. 11. [CAMP RIPLEY WORK PROGRAM; CLOSURE.] 57.6 By June 30, 1999, all offenders sentenced to the Camp 57.7 Ripley work program under Minnesota Statutes, section 609.113, 57.8 must be transferred back to the sentencing county to complete 57.9 their sentences in a local facility. 57.10 Sec. 12. [SELECTION OF VENDOR TO OPERATE EDUCATIONAL 57.11 PROGRAM AT MCF-RED WING.] 57.12 The assessment for excellence task force, appointed by the 57.13 commissioner of corrections, shall assist the commissioner of 57.14 administration in developing a request for proposals from 57.15 vendors to operate the educational program at the Minnesota 57.16 correctional facility - Red Wing. The commissioner of 57.17 administration shall issue the request for proposals by November 57.18 1, 1999, and shall select a vendor who shall begin operating the 57.19 program by January 1, 2000. The department of corrections may 57.20 respond to the request for proposals. 57.21 Sec. 13. [STUDY OF CORRECTIONAL OFFICER STAFFING.] 57.22 Subdivision 1. [STUDY REQUIRED.] The commissioner of 57.23 corrections shall study issues related to correctional officer 57.24 staffing at correctional facilities under the commissioner's 57.25 control. The study must focus on the ratio of supervisory 57.26 officers to nonsupervisory officers, the criteria and average 57.27 length of time for promotion to supervisory positions, the 57.28 salaries of supervisory and nonsupervisory officers, the ratio 57.29 of all officers to inmates, and other related issues. To the 57.30 degree feasible, the commissioner shall compare the department's 57.31 staffing system and pay scale to that of other states with 57.32 comparable correctional systems, the federal government, and 57.33 private correctional vendors. 57.34 Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the 57.35 commissioner shall report to the chairs and ranking minority 57.36 members of the senate and house committees and divisions having 58.1 jurisdiction over criminal justice funding on the results of the 58.2 study described in subdivision 1. 58.3 Sec. 14. [MINNESOTA CORRECTIONAL FACILITY - SAUK CENTRE; 58.4 TRANSFER.] 58.5 Before January 1, 2000, the commissioner of corrections 58.6 shall transfer the residents of the Minnesota correctional 58.7 facility - Sauk Centre to other facilities. On January 1, 2000, 58.8 responsibility for operating and maintaining the state land and 58.9 buildings that compose the Minnesota correctional facility - 58.10 Sauk Centre is transferred to the commissioner of administration 58.11 under Minnesota Statutes, section 15.039. 58.12 Sec. 15. [AUTHORITY TO ISSUE RFP; JUVENILE FEMALE 58.13 PROGRAMMING.] 58.14 (a) The commissioner of corrections may develop and issue a 58.15 request for proposals from vendors to provide residential 58.16 services to juvenile females committed to the custody of the 58.17 commissioner of corrections. The commissioner also may select a 58.18 vendor to provide the services. 58.19 (b) The authority granted under this section exists until a 58.20 state-operated juvenile female facility is available to house 58.21 juvenile female offenders. 58.22 Sec. 16. [STUDY ON SUPERVISION OF SEX OFFENDERS.] 58.23 (a) The commissioner of corrections is directed to study 58.24 issues related to the caseloads of probation officers 58.25 supervising sex offenders. This study shall focus on 58.26 recommendations to improve the current supervision of sex 58.27 offenders to increase public safety and reduce the risk of 58.28 reoffense by sex offenders. These recommendations shall address 58.29 methods of supervision, use of specialized sex offender 58.30 caseloads, the optimum number of offenders to be supervised by 58.31 each probation officer, the availability of suitable housing for 58.32 sex offenders, and other relevant factors. 58.33 (b) In conducting the study, the commissioner shall consult 58.34 with representatives from community corrections act counties, 58.35 representatives from county probation officer counties, state 58.36 parole and probation agents, law enforcement officers with 59.1 experience dealing with sex offenders, a treatment professional 59.2 trained in the assessment of sex offenders, and a victim 59.3 services professional. 59.4 (c) The commissioner shall report by February 1, 2000, to 59.5 the house and senate committees and divisions with jurisdiction 59.6 over criminal justice policy and funding on recommendations 59.7 resulting from the study. 59.8 Sec. 17. [REPEALER.] 59.9 (a) Minnesota Statutes 1998, section 241.275, subdivision 59.10 5, is repealed. 59.11 (b) Minnesota Statutes 1998, section 241.277, is repealed. 59.12 Sec. 18. [EFFECTIVE DATE.] 59.13 Sections 11 and 17, paragraph (b), are effective the day 59.14 following final enactment; however, the adult work program 59.15 described in Minnesota Statutes, section 241.277, shall continue 59.16 to operate until all offenders at the program on the day 59.17 following final enactment have completed it, or June 30, 1999, 59.18 whichever is earlier. 59.19 Sections 12, 15, and 16 are effective the day following 59.20 final enactment. 59.21 ARTICLE 5 59.22 LAW ENFORCEMENT 59.23 Section 1. Minnesota Statutes 1998, section 168A.40, 59.24 subdivision 2, is amended to read: 59.25 Subd. 2. [PROGRAM DUTIES.] The automobile theft prevention 59.26 board shall: 59.27 (1) develop and sponsor the implementation of statewide 59.28 plans, programs, and strategies to combat automobile theft, 59.29 improve the administration of the automobile theft laws, and 59.30 provide a forum for identification of critical problems for 59.31 those persons dealing with automobile theft; 59.32 (2) coordinate the development, adoption, and 59.33 implementation of plans, programs, and strategies relating to 59.34 interagency and intergovernmental cooperation with respect to 59.35 automobile theft enforcement; 59.36 (3) annually audit at its own discretionthe plans and 60.1 programs that it has funded in whole or in part to evaluate the 60.2 effectiveness of the plans and programs and withdraw funding 60.3 should the board determine that a plan or program is ineffective 60.4 or is no longer in need of further financial support from the 60.5 fund; 60.6 (4) develop a plan of operation including an assessment of 60.7 the scope of the problem of automobile theft, including areas of 60.8 the state where the problem is greatest; an analysis of various 60.9 methods of combating the problem of automobile theft; a plan for 60.10 providing financial support to combat automobile theft; a plan 60.11 for eliminating car hijacking; and an estimate of the funds 60.12 required to implement the plan; and 60.13 (5) distribute money from the automobile theft prevention 60.14 special revenue account for automobile theft prevention 60.15 activities, including: 60.16 (i) paying the administrative costs of the board; 60.17 (ii) providing financial support to the state patrol and 60.18 local law enforcement agencies for automobile theft enforcement 60.19 teams; 60.20 (iii) providing financial support to state or local law 60.21 enforcement agencies for programs designed to reduce the 60.22 incidence of automobile theft and for improved equipment and 60.23 techniques for responding to automobile thefts; 60.24 (iv) providing financial support to local prosecutors for 60.25 programs designed to reduce the incidence of automobile theft; 60.26 (v) providing financial support to judicial agencies for 60.27 programs designed to reduce the incidence of automobile theft; 60.28 (vi) providing financial support for neighborhood or 60.29 community organizations or business organizations for programs 60.30 designed to reduce the incidence of automobile theft; 60.31 (vii) providing financial support for automobile theft 60.32 educational and training programs for state and local law 60.33 enforcement officials, driver and vehicle services exam and 60.34 inspections staff, and members of the judiciary; and 60.35 (viii) conducting educational programs designed to inform 60.36 automobile owners of methods of preventing automobile theft and 61.1 to provide equipment, for experimental purposes, to enable 61.2 automobile owners to prevent automobile theft. 61.3 By January 15 of each year, the board shall report to the 61.4 governor and legislature on its activities and expenditures in 61.5 the preceding year. 61.6 Sec. 2. Minnesota Statutes 1998, section 260.161, 61.7 subdivision 1, is amended to read: 61.8 Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The 61.9 juvenile court judge shall keep such minutes and in such manner 61.10 as the court deems necessary and proper. Except as provided in 61.11 paragraph (b), the court shall keep and maintain records 61.12 pertaining to delinquent adjudications until the person reaches 61.13 the age of 28 years and shall release the records on an 61.14 individual to another juvenile court that has jurisdiction of 61.15 the juvenile, to a requesting adult court for purposes of 61.16 sentencing, or to an adult court or juvenile court as required 61.17 by the right of confrontation of either the United States 61.18 Constitution or the Minnesota Constitution. The juvenile court 61.19 shall provide, upon the request of any other juvenile court, 61.20 copies of the records concerning adjudications involving the 61.21 particular child. The court also may provide copies of records 61.22 concerning delinquency adjudications, on request, to law 61.23 enforcement agencies, probation officers, and corrections agents 61.24 if the court finds that providing these records serves public 61.25 safety or is in the best interests of the child. Until July 1, 61.26 19992001, juvenile court delinquency proceeding records of 61.27 adjudications, court transcripts, and delinquency petitions, 61.28 including any probable cause attachments that have been filed or 61.29 police officer reports relating to a petition, must be released 61.30 to requesting law enforcement agencies and prosecuting 61.31 authorities for purposes of investigating and prosecuting 61.32 violations of section 609.229, provided that psychological or 61.33 mental health reports may not be included with those records. 61.34 The agency receiving the records may release the records only as 61.35 permitted under this section or authorized by law. 61.36 The court shall also keep an index in which files 62.1 pertaining to juvenile matters shall be indexed under the name 62.2 of the child. After the name of each file shall be shown the 62.3 file number and, if ordered by the court, the book and page of 62.4 the register in which the documents pertaining to such file are 62.5 listed. The court shall also keep a register properly indexed 62.6 in which shall be listed under the name of the child all 62.7 documents filed pertaining to the child and in the order filed. 62.8 The list shall show the name of the document and the date of 62.9 filing thereof. The juvenile court legal records shall be 62.10 deposited in files and shall include the petition, summons, 62.11 notice, findings, orders, decrees, judgments, and motions and 62.12 such other matters as the court deems necessary and proper. 62.13 Unless otherwise provided by law, all court records shall be 62.14 open at all reasonable times to the inspection of any child to 62.15 whom the records relate, and to the child's parent and guardian. 62.16 (b) The court shall retain records of the court finding 62.17 that a juvenile committed an act that would be a felony or gross 62.18 misdemeanor level offense until the offender reaches the age of 62.19 28. If the offender commits a felony as an adult, or the court 62.20 convicts a child as an extended jurisdiction juvenile, the court 62.21 shall retain the juvenile records for as long as the records 62.22 would have been retained if the offender had been an adult at 62.23 the time of the juvenile offense. This paragraph does not apply 62.24 unless the juvenile was provided counsel as required by section 62.25 260.155, subdivision 2. 62.26 Sec. 3. [299A.411] [POSTTRAUMATIC STRESS SYNDROME 62.27 BENEFIT.] 62.28 (a) A law enforcement agency shall provide benefits to any 62.29 peace officer, as defined in section 626.84, subdivision 1, 62.30 paragraph (c), employed by the agency who: 62.31 (1) suffers a debilitating psychological reaction to a 62.32 traumatic event; 62.33 (2) is diagnosed by a psychiatrist or a licensed 62.34 psychologist as suffering from posttraumatic stress syndrome; 62.35 and 62.36 (3) is determined by a psychiatrist or a licensed 63.1 psychologist to be unable to perform other peace officer job 63.2 duties offered by the employer through reassignment. 63.3 A peace officer who meets all of the conditions of this 63.4 paragraph is entitled to the benefits described in paragraph 63.5 (b). A peace officer who meets the conditions in clauses (1) 63.6 and (2) is entitled to the benefits in paragraph (b), clause 63.7 (2). The availability of benefits does not depend on whether 63.8 there is also an accompanying physical injury or physical cause 63.9 of the condition. 63.10 (b) The benefits provided by the law enforcement agency 63.11 shall include: 63.12 (1) payment by the employer for unreimbursed loss of wages 63.13 during the time period the officer is disabled, but not to 63.14 exceed one year; and 63.15 (2) payment by the employer for unreimbursed expenses for 63.16 medical treatment, including psychiatric or psychological 63.17 counseling, to cure and relieve the effects of the posttraumatic 63.18 stress syndrome during the time period the officer is disabled, 63.19 but not to exceed one year. 63.20 (c) The employer may request a peace officer to undergo an 63.21 examination by a psychiatrist or licensed psychologist selected 63.22 by the employer. 63.23 (d) As used in this section, "traumatic event" means an 63.24 event involving the employee lawfully taking the life of or 63.25 causing great bodily harm, as defined in section 609.02, 63.26 subdivision 8, to another by force or violence. "Debilitating 63.27 psychological reaction" means that, following the traumatic 63.28 event, the peace officer is unable to perform the essential 63.29 functions of the peace officer's job without reassignment. 63.30 Sec. 4. Minnesota Statutes 1998, section 299A.64, 63.31 subdivision 10, is amended to read: 63.32 Subd. 10. [REQUIRED REPORT.] By February 1 of each year, 63.33 the council shall report to the chairs of the senate and house 63.34 of representatives committees and divisions having jurisdiction 63.35 over criminal justice policy and funding on the activities of 63.36 the council and strike force. This annual report shall include: 64.1 (1) a description of the council's goals for the previous 64.2 year and for the coming year; 64.3 (2) a description of the outcomes the council achieved or 64.4 did not achieve during the preceding year and a description of 64.5 the outcomes the council will seek to achieve during the coming 64.6 year; and 64.7 (3) any legislative recommendations the council has 64.8 including, where necessary, a description of the specific 64.9 legislation needed to implement the recommendations. 64.10 Sec. 5. Minnesota Statutes 1998, section 626.843, 64.11 subdivision 4, is amended to read: 64.12 Subd. 4. [REPORTING REQUIREMENTS.] The board shall report 64.13 to the attorney general, from time to time, and to the 64.14 governor and the legislatureat least biennially concerning the 64.15 activities of the board. The board shall report biannually to 64.16 the chairs of the senate and house committees and divisions 64.17 having jurisdiction over criminal justice funding concerning the 64.18 activities of the board. In addition to other relevant items, 64.19 the report must include detailed information concerning the 64.20 compliance reviews required in section 626.8459. 64.21 Sec. 6. Minnesota Statutes 1998, section 626.845, 64.22 subdivision 1, is amended to read: 64.23 Subdivision 1. [POWERS AND DUTIES.] The board shall have 64.24 the following powers and duties: 64.25 (a) To certify peace officers' training schools or programs 64.26 administered by state, county and municipalities located within 64.27 this state in whole or in part no later than 90 days after 64.28 receipt of an application for certification. The reasons for 64.29 noncertification of any school or program or part thereof shall 64.30 be transmitted to the school within 90 days and shall contain a 64.31 detailed explanation of the reasons for which the school or 64.32 program was disapproved and an explanation of what supporting 64.33 material or other requirements are necessary for the board to 64.34 reconsider. Disapproval of a school or program shall not 64.35 preclude the reapplication for certification of the school or 64.36 program; 65.1 (b) To issue certificates to schools, and to revoke such 65.2 certification when necessary to maintain the objectives and 65.3 purposes of sections 626.841 to 626.863; 65.4 (c) To certify, as qualified, instructors at peace officer 65.5 training schools, and to issue appropriate certificates to such 65.6 instructors; 65.7 (d) To license peace officers who have satisfactorily 65.8 completed certified basic training programs, and passed 65.9 examinations as required by the board; 65.10 (e) To cause studies and surveys to be made relating to the 65.11 establishment, operation, and approval of state, county, and 65.12 municipal peace officer training schools; 65.13 (f) To consult and cooperate with state, county, and 65.14 municipal peace officer training schools for the development of 65.15 in-service training programs for peace officers; 65.16 (g) To consult and cooperate with universities, colleges, 65.17 and technical colleges for the development of specialized 65.18 courses of instruction and study in the state for peace officers 65.19 and part-time peace officers in police science and police 65.20 administration; 65.21 (h) To consult and cooperate with other departments and 65.22 agencies of the state and federal government concerned with 65.23 peace officer standards and training; 65.24 (i) To perform such other acts as may be necessary and 65.25 appropriate to carry out the powers and duties as set forth in 65.26 the provisions of sections 626.841 to 626.863; 65.27 (j) To coordinate the provision, on a regional basis, of 65.28 skills oriented basic training courses to graduates of certified 65.29 law enforcement training schools or programs; 65.30 (k) To obtain criminal conviction data for persons seeking 65.31 a license to be issued or possessing a license issued by the 65.32 board. The board shall have authority to obtain criminal 65.33 conviction data to the full extent that any other law 65.34 enforcement agency, as that term is defined by state or federal 65.35 law, has to obtain the data; 65.36 (l) To prepare and transmit annually to the governor a 66.1 report of its activities with respect to allocation of moneys 66.2 appropriated to it for peace officers training, including the 66.3 name and address of each recipient of money for that purpose, 66.4 the amount awarded, and the purpose of the award; and 66.5 (m) To assist and cooperate with any political subdivision 66.6 or state law enforcement agency which employs persons licensed 66.7 by the board to establish written procedures for the 66.8 investigation and resolution of allegations of misconduct of 66.9 persons licensed by the board, and to enforce licensing 66.10 sanctions for failure to implement such procedures ; and66.11 (n) To assist and cooperate with political subdivisions and66.12 state law enforcement agencies that employ persons licensed by66.13 the board in establishing written procedures to govern the66.14 conduct of peace officers who are in pursuit of a vehicle in66.15 violation of section 609.487, and requirements for the training66.16 of peace officers in conducting pursuits. The board may impose66.17 licensing sanctions for failure to establish pursuit procedures66.18 and training requirements by October 1, 1989. 66.19 In addition, the board may maintain data received from law 66.20 enforcement agencies under section 626.87, subdivision 5, 66.21 provide the data to requesting law enforcement agencies who are 66.22 conducting background investigations, and maintain data on 66.23 applicants and licensees as part of peace officer license data. 66.24 The data that may be maintained include the name of the law 66.25 enforcement agency conducting the investigation and data on the 66.26 candidate provided under section 626.87, subdivision 5, clauses 66.27 (1) and (2). 66.28 Sec. 7. [626.8458] [VEHICLE PURSUITS; POLICIES AND 66.29 INSTRUCTION REQUIRED.] 66.30 Subdivision 1. [PURPOSE.] The legislature finds that 66.31 emergency vehicle operations are an integral part of law 66.32 enforcement's commitment to public safety. Law enforcement 66.33 agencies shall make reasonable efforts to guide their officers 66.34 in the safe and responsible performance of their emergency 66.35 response duties. Although laws and rules provide the foundation 66.36 for the conduct of law enforcement officers, continuous and 67.1 effective training is essential to ensure proper law enforcement 67.2 action during emergency vehicle operations, including police 67.3 pursuits. This training must be designed to give officers both 67.4 skills and decision-making ability so that emergency vehicle 67.5 operations can be resolved safely and successfully. 67.6 Subd. 2. [STATEWIDE MODEL POLICY.] (a) By July 1, 1999, 67.7 the board shall adopt a new or revised model policy governing 67.8 the conduct of peace officers who are in pursuit of a vehicle 67.9 being operated in violation of section 609.487. The board shall 67.10 seek and consider comments of members of the public when 67.11 adopting the policy. In order to assist peace officers in 67.12 responding to the complex and unpredictable factors associated 67.13 with police pursuits, the model policy shall, at a minimum, 67.14 contain the following components: 67.15 (1) a statement describing the philosophy of the model 67.16 policy. This philosophy must state that the safety of all 67.17 persons involved in or by a police pursuit is of primary 67.18 importance. It also must balance the risks of the pursuit to 67.19 the public and peace officers with the consequences of failing 67.20 to pursue; 67.21 (2) the factors to be considered in initiating and 67.22 terminating a pursuit, and the standards for evaluating the need 67.23 to initiate or terminate a pursuit; 67.24 (3) the procedures, tactics, and technologies used during 67.25 pursuits; 67.26 (4) the various responsibilities of the pursuing officers, 67.27 the officer supervising the pursuit, the dispatcher, and air 67.28 support; 67.29 (5) the procedures governing interjurisdictional pursuits; 67.30 (6) the procedures governing care of any persons injured in 67.31 the course of the pursuit; 67.32 (7) the contents of pursuit reports filed under section 67.33 626.5532; and 67.34 (8) the procedures used to evaluate each pursuit. 67.35 (b) The board shall review and, as necessary, revise the 67.36 model pursuit policy in collaboration with the Minnesota chiefs 68.1 of police association, the Minnesota sheriffs association, the 68.2 Minnesota police and peace officers association, a 68.3 representative from the state patrol, and other interested law 68.4 enforcement industry groups. 68.5 Subd. 3. [AGENCY POLICIES REQUIRED.] (a) The chief law 68.6 enforcement officer of every state and local law enforcement 68.7 agency must establish and enforce a written policy governing the 68.8 conduct of peace officers employed by the agency who are in 68.9 pursuit of a vehicle being operated in violation of section 68.10 609.487. The policy must, at a minimum, comply with the 68.11 requirements of any new or revised model pursuit policy adopted 68.12 by the board under subdivision 2 and must take into account the 68.13 comments of members of the public and any pursuit vehicle 68.14 technology that is available to the agency. 68.15 (b) Every state and local law enforcement agency must 68.16 certify annually to the board that it has adopted a written 68.17 policy in compliance with the board's model pursuit policy. 68.18 (c) The board shall assist the chief law enforcement 68.19 officer of each state and local law enforcement agency in 68.20 developing and implementing pursuit policies under this 68.21 subdivision. 68.22 Subd. 4. [PRESERVICE TRAINING IN POLICE PURSUITS 68.23 REQUIRED.] (a) By January 1, 2000, the board shall prepare 68.24 learning objectives for instructing peace officers in emergency 68.25 vehicle operations and in the conduct of police pursuits. The 68.26 course shall consist of at least seven hours of classroom and 68.27 skills-based training. 68.28 (b) An individual is not eligible to take the peace officer 68.29 licensing examination or the part-time peace officer licensing 68.30 examination on or after January 1, 2000, unless the individual 68.31 has received the training described in paragraph (a). 68.32 Subd. 5. [IN-SERVICE TRAINING IN POLICE PURSUITS 68.33 REQUIRED.] The chief law enforcement officer of every state and 68.34 local law enforcement agency shall provide in-service training 68.35 in emergency vehicle operations and in the conduct of police 68.36 pursuits to every peace officer and part-time peace officer 69.1 employed by the agency who the chief law enforcement officer 69.2 determines may be involved in a police pursuit given the 69.3 officer's responsibilities. The training shall comply with 69.4 learning objectives developed and approved by the board and 69.5 shall consist of at least eight hours of classroom and 69.6 skills-based training every three years. 69.7 Subd. 6. [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 69.8 board may impose licensing sanctions and seek injunctive relief 69.9 under section 214.11 for failure to comply with the requirements 69.10 of this section. 69.11 Sec. 8. [626.8459] [POST BOARD; COMPLIANCE REVIEWS 69.12 REQUIRED.] 69.13 (a) Each year, the board shall conduct compliance reviews 69.14 on all state and local law enforcement agencies. The compliance 69.15 reviews must ensure that the agencies are complying with all 69.16 requirements imposed on them by statute and rule. The board 69.17 shall include in the reports to the legislature required in 69.18 section 626.843, subdivision 4, detailed information on the 69.19 compliance reviews conducted under this section. At a minimum, 69.20 the reports must specify each requirement imposed by statute and 69.21 rule on law enforcement agencies, the compliance rate of each 69.22 agency, and the action taken by the board, if any, against an 69.23 agency not in compliance. 69.24 (b) The board may impose licensing sanctions and seek 69.25 injunctive relief under section 214.l1 for an agency's failure 69.26 to comply with a requirement imposed on it in statute or rule. 69.27 Sec. 9. Minnesota Statutes 1998, section 626.8462, is 69.28 amended to read: 69.29 626.8462 [COMPETENCY REQUIREMENTS.] 69.30 Part-time peace officer licensing examinations shall be 69.31 designed to insure competency in the following areas reasonably 69.32 achievable in courses within a total hourly maximum of 5480 69.33 hours: 69.34 (1) permissible use of force by peace officers, including 69.35 deadly force; 69.36 (a)(2) law of arrest, including probable cause; 70.1 (b)(3) law of search and seizure; 70.2 (c)(4) confessions and interrogations, oral and written; 70.3 (d)(5) law and rules of evidence; 70.4 (e)(6) Minnesota criminal code; 70.5 (f)(7) juvenile law; 70.6 (g)(8) general principles of criminal investigations; 70.7 (h)(9) crime scene search and investigation; 70.8 (i)(10) preservation and collection of crime scene 70.9 evidence; and 70.10 (j)(11) traffic enforcement, including accident 70.11 investigation. 70.12 The board shall prepare learning objectives for an 80-hour 70.13 course to test competency under this section. 70.14 Upon request, the board shall provide to any sheriff or 70.15 chief of police lesson plans and instructional materials 70.16 reasonably necessary to conduct classes in the required areas of 70.17 study. Nothing herein shall be construed to prohibit a 70.18 requirement for more comprehensive training imposed by a local 70.19 law enforcement agency. 70.20 Sec. 10. Minnesota Statutes 1998, section 626.8463, 70.21 subdivision 1, is amended to read: 70.22 Subdivision 1. [APPOINTMENT REQUIREMENTS.] (a) Any 70.23 individual appointed or employed as a part-time peace officer 70.24 shall provide proof to the board that the individual has: 70.25 (1) satisfied the selection standards of the board then in 70.26 effect; 70.27 (2) successfully completed board recognized courses in 70.28 first aid and firearms training, including legal limitations on 70.29 the justifiable use of deadly force; and 70.30 (3) successfully passed a board part-time peace officer 70.31 licensing examination. 70.32 (b) The board shall develop a new examination that tests in 70.33 depth the expanded competency requirements of section 626.8462. 70.34 Sec. 11. Minnesota Statutes 1998, section 626.8465, 70.35 subdivision 2, is amended to read: 70.36 Subd. 2. [PART-TIME PEACE OFFICER LICENSE, RESTRICTION.] 71.1 Subject to section 626.8468, subdivision 1, any individual 71.2 licensed by the board as a part-time peace officer shall be 71.3 eligible for appointment or employment anywhere in the state as 71.4 a part-time peace officer but not as a peace officer unless the 71.5 individual meets board training and licensing requirements then 71.6 in effect for peace officers. 71.7 Sec. 12. [626.8468] [PART-TIME PEACE OFFICERS; CAP ON 71.8 NUMBER PER AGENCY, EXPANDED TRAINING REQUIRED, CONTINUING 71.9 EDUCATION.] 71.10 Subdivision 1. [CAP ON NUMBER OF PART-TIME PEACE OFFICERS 71.11 PER AGENCY.] (a) A law enforcement agency that employed a 71.12 licensed part-time peace officer or that was in the process of 71.13 training an individual to become a licensed part-time peace 71.14 officer on or before February 1, 1999, may continue to do so. 71.15 No agency may employ more part-time peace officers than it 71.16 employed in calendar year 1996, 1997, or 1998. 71.17 (b) After January 1, 2000, the board may issue additional 71.18 part-time peace officer licenses to a law enforcement agency 71.19 that employs a part-time peace officer and that demonstrates to 71.20 the board an extraordinary and temporary need for the additional 71.21 license. 71.22 (c) If a local unit of government dissolves a law 71.23 enforcement agency that employs a part-time peace officer 71.24 authorized under this subdivision and contracts with another law 71.25 enforcement agency to provide law enforcement services, the law 71.26 enforcement agency contracted with may add that number of 71.27 part-time positions to the agency's maximum under this 71.28 subdivision if the agency hires or offers employment to all 71.29 full-time peace officers employed by the dissolved agency at the 71.30 time of dissolution. The employment offered must be of 71.31 comparable responsibility and salary. 71.32 Subd. 2. [EXPANDED TRAINING REQUIRED.] Each person seeking 71.33 initial licensure as a part-time peace officer shall 71.34 successfully complete the competency training described in 71.35 section 626.8462. Before issuing a part-time peace officer 71.36 license or allowing a person to take the examination described 72.1 in section 626.8462, the board shall ensure that the applicant 72.2 has successfully completed the training. The chief law 72.3 enforcement officer of the agency employing or seeking to employ 72.4 the applicant shall submit proof to the board that the applicant 72.5 has successfully completed the training before the applicant may 72.6 take the examination. 72.7 Subd. 3. [CONTINUING EDUCATION.] All licensed part-time 72.8 peace officers shall comply with continuing education standards 72.9 required by the board. The officers may receive reimbursement 72.10 for the costs of this education from the peace officers training 72.11 account described in section 357.021, subdivision 7. 72.12 Sec. 13. [CAPITOL COMPLEX SECURITY STUDY.] 72.13 Subdivision 1. [STUDY REQUIRED.] The superintendent of the 72.14 bureau of criminal apprehension shall conduct an in-depth study 72.15 on issues related to capitol complex security, including general 72.16 security in the capitol complex and specific security for 72.17 constitutional officers and their families, legislators, members 72.18 of the judiciary housed in the capitol complex, state employees, 72.19 visitors to the capitol complex, and visiting dignitaries. The 72.20 superintendent shall analyze the strengths and weaknesses of the 72.21 current manner in which security is provided. To the degree 72.22 feasible, the superintendent shall examine how similar security 72.23 is provided in other states. 72.24 Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the 72.25 superintendent shall report to the legislature and the governor 72.26 on the results of the study. In addition to the requirements 72.27 described in subdivision 1, the report must include 72.28 recommendations on ways to improve security, if improvements are 72.29 determined to be necessary. These recommendations must be 72.30 accompanied by an analysis of the increased resources necessary 72.31 to implement the improvements. The report must address the 72.32 advisability of having a single entity provide this security and 72.33 an assessment of which state agency or division would be best 72.34 suited to the role. 72.35 Sec. 14. [ASSISTANCE FOR DISASTERS AND EXTRAORDINARY 72.36 EXPENSES.] 73.1 Subdivision 1. [STUDY.] The commissioners of public 73.2 safety, finance, and planning shall establish a work group to 73.3 study the issues of disasters and extraordinary emergency 73.4 expenses caused by natural or other disasters. The study shall 73.5 make findings and recommendations that address the following: 73.6 (a) situations that meet the definition of a disaster or an 73.7 extraordinary expense that may include: 73.8 (1) federal, state, or local disaster declarations; 73.9 (2) the events that trigger extraordinary emergency 73.10 expenses; and 73.11 (3) the process of determining extraordinary costs; 73.12 (b) eligible recipients for assistance that may include: 73.13 (1) state agencies; 73.14 (2) counties; 73.15 (3) political subdivisions; 73.16 (4) individuals; 73.17 (5) businesses; and 73.18 (6) private nonprofits; 73.19 (c) propose appropriate types of funding and funding 73.20 sources to provide assistance in the situations identified in 73.21 paragraph (a); 73.22 (d) identify measures to prevent or reduce the costs of 73.23 disasters and extraordinary emergency expenses that may include: 73.24 (1) increasing the capability of local entities to respond; 73.25 (2) hazard mitigation; and 73.26 (3) a cost-benefit analysis of the measures proposed; and 73.27 (e) possible legislative responses to requests for state 73.28 aid for local extraordinary disaster expenses. 73.29 Subd. 2. [MEMBERSHIP.] The commissioners shall seek 73.30 participation in the work group from representatives of the 73.31 following groups: 73.32 (1) Association of Minnesota Counties; 73.33 (2) League of Minnesota Cities; 73.34 (3) Minnesota Townships Association; 73.35 (4) Association of Minnesota Emergency Managers; and 73.36 (5) Metropolitan Emergency Managers Association. 74.1 The commissioners may appoint other members as they deem 74.2 necessary. 74.3 Subd. 3. [REPORT.] By October 1, 1999, the commissioners 74.4 shall submit their report containing specific findings and 74.5 recommendations to the chairs and ranking minority members of 74.6 the house judiciary finance committee, the house transportation 74.7 finance committee, the senate crime prevention and judicial 74.8 budget division and the senate transportation budget division. 74.9 Sec. 15. [REPEALER.] 74.10 (a) Minnesota Statutes 1998, section 626.5532, subdivision 74.11 2, is repealed. 74.12 (b) Minnesota Statutes 1998, section 626.8463, subdivision 74.13 2, is repealed. 74.14 Sec. 16. [EFFECTIVE DATE.] 74.15 Sections 3, 8 to 12, and 15, paragraph (b), are effective 74.16 the day following final enactment. 74.17 ARTICLE 6 74.18 OTHER PROVISIONS 74.19 Section 1. Minnesota Statutes 1998, section 2.722, 74.20 subdivision 1, is amended to read: 74.21 Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the 74.22 state is divided into ten judicial districts composed of the 74.23 following named counties, respectively, in each of which 74.24 districts judges shall be chosen as hereinafter specified: 74.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 74.26 Sibley; 2832 judges; and four permanent chambers shall be 74.27 maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 74.28 other shall be maintained at the place designated by the chief 74.29 judge of the district; 74.30 2. Ramsey; 2426 judges; 74.31 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 74.32 Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 74.33 chambers shall be maintained in Faribault, Albert Lea, Austin, 74.34 Rochester, and Winona; 74.35 4. Hennepin; 5760 judges; 74.36 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 75.1 Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 75.2 Martin, and Jackson; 1716 judges; and permanent chambers shall 75.3 be maintained in Marshall, Windom, Fairmont, New Ulm, and 75.4 Mankato; 75.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges; 75.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 75.7 Stearns, Todd, Clay, Becker, and Wadena; 2224 judges; and 75.8 permanent chambers shall be maintained in Moorhead, Fergus 75.9 Falls, Little Falls, and St. Cloud; 75.10 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 75.11 Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 75.12 Traverse, and Wilkin; 11 judges; and permanent chambers shall be 75.13 maintained in Morris, Montevideo, and Willmar; 75.14 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 75.15 Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 75.16 Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 75.17 2022 judges; and permanent chambers shall be maintained in 75.18 Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 75.19 and International Falls; and 75.20 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 75.21 Chisago, and Washington; 3539 judges; and permanent chambers 75.22 shall be maintained in Anoka, Stillwater, and other places 75.23 designated by the chief judge of the district. 75.24 Sec. 2. Minnesota Statutes 1998, section 244.052, 75.25 subdivision 1, is amended to read: 75.26 Subdivision 1. [DEFINITIONS.] As used in this section: 75.27 (1) "confinement" means confinement in a state correctional 75.28 facility or a state treatment facility; 75.29 (2) "law enforcement agency" means the law enforcement 75.30 agency having primary jurisdiction over the location where the 75.31 offender expects to reside upon release; and75.32 (3) "residential facility" means a facility that is 75.33 licensed as a residential program, as defined in section 75.34 245A.02, subdivision 14, by the commissioner of human services 75.35 under chapter 245A, or the commissioner of corrections under 75.36 section 241.021, whose staff are trained in the supervision of 76.1 sex offenders; and 76.2 (4) "sex offender" and "offender" mean a person who has 76.3 been convicted of an offense for which registration under 76.4 section 243.166 is required or a person who has been committed 76.5 pursuant to a court commitment order under section 253B.185 or 76.6 Minnesota Statutes 1992, section 526.10, regardless of whether 76.7 the person was convicted of any offense. 76.8 Sec. 3. Minnesota Statutes 1998, section 244.052, 76.9 subdivision 3, is amended to read: 76.10 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 76.11 commissioner of corrections shall establish and administer 76.12 end-of-confinement review committees at each state correctional 76.13 facility and at each state treatment facility where sex 76.14 offenders are confined. The committees shall assess on a 76.15 case-by-case basis the public risk posed by sex offenders who 76.16 are about to be released from confinement. 76.17 (b) Each committee shall be a standing committee and shall 76.18 consist of the following members appointed by the commissioner: 76.19 (1) the chief executive officer or head of the correctional 76.20 or treatment facility where the offender is currently confined, 76.21 or that person's designee; 76.22 (2) a law enforcement officer; 76.23 (3) a treatment professional who is trained in the 76.24 assessment of sex offenders; 76.25 (4) a caseworker experienced in supervising sex offenders; 76.26 and 76.27 (5) a victim's services professional. 76.28 Members of the committee, other than the facility's chief 76.29 executive officer or head, shall be appointed by the 76.30 commissioner to two-year terms. The chief executive officer or 76.31 head of the facility or designee shall act as chair of the 76.32 committee and shall use the facility's staff, as needed, to 76.33 administer the committee, obtain necessary information from 76.34 outside sources, and prepare risk assessment reports on 76.35 offenders. 76.36 (c) The committee shall have access to the following data 77.1 on a sex offender only for the purposes of its assessment and to 77.2 defend the committee's risk assessment determination upon 77.3 administrative review under this section: 77.4 (1) private medical data under section 13.42 or 144.335, or 77.5 welfare data under section 13.46 that relate to medical 77.6 treatment of the offender; 77.7 (2) private and confidential court services data under 77.8 section 13.84; 77.9 (3) private and confidential corrections data under section 77.10 13.85; and 77.11 (4) private criminal history data under section 13.87. 77.12 Data collected and maintained by the committee under this 77.13 paragraph may not be disclosed outside the committee, except as 77.14 provided under section 13.05, subdivision 3 or 4. The sex 77.15 offender has access to data on the offender collected and 77.16 maintained by the committee, unless the data are confidential 77.17 data received under this paragraph. 77.18 (d)(i) Except as otherwise provided in item (ii), at least 77.19 90 days before a sex offender is to be released from 77.20 confinement, the commissioner of corrections shall convene the 77.21 appropriate end-of-confinement review committee for the purpose 77.22 of assessing the risk presented by the offender and determining 77.23 the risk level to which the offender shall be assigned under 77.24 paragraph (e). The offender and the law enforcement agency that 77.25 was responsible for the charge resulting in confinement shall be 77.26 notified of the time and place of the committee's meeting. The 77.27 offender has a right to be present and be heard at the meeting. 77.28 The law enforcement agency may provide material in writing that 77.29 is relevant to the offender's risk level to the chair of the 77.30 committee. The committee shall use the risk factors described 77.31 in paragraph (g) and the risk assessment scale developed under 77.32 subdivision 2 to determine the offender's risk assessment score 77.33 and risk level. Offenders scheduled for release from 77.34 confinement shall be assessed by the committee established at 77.35 the facility from which the offender is to be released. 77.36 (ii) If an offender is received for confinement in a 78.1 facility with less than 90 days remaining in the offender's term 78.2 of confinement, the offender's risk shall be assessed at the 78.3 first regularly scheduled end of confinement review committee 78.4 that convenes after the appropriate documentation for the risk 78.5 assessment is assembled by the committee. The commissioner 78.6 shall make reasonable efforts to ensure that offender's risk is 78.7 assessed and a risk level is assigned or reassigned at least 30 78.8 days before the offender's release date. 78.9 (e) The committee shall assign to risk level I a sex 78.10 offender whose risk assessment score indicates a low risk of 78.11 reoffense. The committee shall assign to risk level II an 78.12 offender whose risk assessment score indicates a moderate risk 78.13 of reoffense. The committee shall assign to risk level III an 78.14 offender whose risk assessment score indicates a high risk of 78.15 reoffense. 78.16 (f) Before the sex offender is released from confinement, 78.17 the committee shall prepare a risk assessment report which 78.18 specifies the risk level to which the offender has been assigned 78.19 and the reasons underlying the committee's risk assessment 78.20 decision. The committee shall give the report to the offender 78.21 and to the law enforcement agency at least 60 days before an 78.22 offender is released from confinement. If the risk assessment 78.23 is performed under the circumstances described in paragraph (d), 78.24 item (ii), the report shall be given to the offender and the law 78.25 enforcement agency as soon as it is available. The committee 78.26 also shall inform the offender of the availability of review 78.27 under subdivision 6. 78.28 (g) As used in this subdivision, "risk factors" includes, 78.29 but is not limited to, the following factors: 78.30 (1) the seriousness of the offense should the offender 78.31 reoffend. This factor includes consideration of the following: 78.32 (i) the degree of likely force or harm; 78.33 (ii) the degree of likely physical contact; and 78.34 (iii) the age of the likely victim; 78.35 (2) the offender's prior offense history. This factor 78.36 includes consideration of the following: 79.1 (i) the relationship of prior victims to the offender; 79.2 (ii) the number of prior offenses or victims; 79.3 (iii) the duration of the offender's prior offense history; 79.4 (iv) the length of time since the offender's last prior 79.5 offense while the offender was at risk to commit offenses; and 79.6 (v) the offender's prior history of other antisocial acts; 79.7 (3) the offender's characteristics. This factor includes 79.8 consideration of the following: 79.9 (i) the offender's response to prior treatment efforts; and 79.10 (ii) the offender's history of substance abuse; 79.11 (4) the availability of community supports to the offender. 79.12 This factor includes consideration of the following: 79.13 (i) the availability and likelihood that the offender will 79.14 be involved in therapeutic treatment; 79.15 (ii) the availability of residential supports to the 79.16 offender, such as a stable and supervised living arrangement in 79.17 an appropriate location; 79.18 (iii) the offender's familial and social relationships, 79.19 including the nature and length of these relationships and the 79.20 level of support that the offender may receive from these 79.21 persons; and 79.22 (iv) the offender's lack of education or employment 79.23 stability; 79.24 (5) whether the offender has indicated or credible evidence 79.25 in the record indicates that the offender will reoffend if 79.26 released into the community; and 79.27 (6) whether the offender demonstrates a physical condition 79.28 that minimizes the risk of reoffense, including but not limited 79.29 to, advanced age or a debilitating illness or physical condition. 79.30 (h) Upon the request of the law enforcement agency or the 79.31 offender's corrections agent, the commissioner may reconvene the 79.32 end-of-confinement review committee for the purpose of 79.33 reassessing the risk level to which an offender has been 79.34 assigned under paragraph (e). In a request for a reassessment, 79.35 the law enforcement agency which was responsible for the charge 79.36 resulting in confinement or agent shall list the facts and 80.1 circumstances arising after the initial assignment or facts and 80.2 circumstances known to law enforcement or the agent but not 80.3 considered by the committee under paragraph (e) which support 80.4 the request for a reassessment. The request for reassessment 80.5 must occur within 30 days of receipt of the report indicating 80.6 the offender's risk level assignment. Upon review of the 80.7 request, the end-of-confinement review committee may reassign an 80.8 offender to a different risk level. If the offender is 80.9 reassigned to a higher risk level, the offender has the right to 80.10 seek review of the committee's determination under subdivision 6. 80.11 (i) An offender may request the end-of-confinement review 80.12 committee to reassess the offender's assigned risk level after 80.13 two years have elapsed since the committee's initial risk 80.14 assessment and may renew the request once every two years 80.15 following subsequent denials. In a request for reassessment, 80.16 the offender shall list the facts and circumstances which 80.17 demonstrate that the offender no longer poses the same degree of 80.18 risk to the community. The committee shall follow the process 80.19 outlined in paragraphs (a) to (e), and (g) in the reassessment. 80.20 (j) The commissioner shall establish an end-of-confinement 80.21 review committee to assign a risk level to offenders who are 80.22 released from a federal correctional facility in Minnesota or 80.23 another state and who intend to reside in Minnesota, and to 80.24 offenders accepted from another state under a reciprocal 80.25 agreement for parole supervision under the interstate compact 80.26 authorized by section 243.16. The committee shall make 80.27 reasonable efforts to conform to the same timelines as applied 80.28 to Minnesota cases. Offenders accepted from another state under 80.29 a reciprocal agreement for probation supervision are not 80.30 assigned a risk level, but are considered downward dispositional 80.31 departures. The probation or court services officer and law 80.32 enforcement officer shall manage such cases in accordance with 80.33 section 244.10, subdivision 2a. The policies and procedures of 80.34 the committee for federal offenders and interstate compact cases 80.35 must be in accordance with all requirements as set forth in this 80.36 section, unless restrictions caused by the nature of federal or 81.1 interstate transfers prevents such conformance. 81.2 (k) If the committee assigns a sex offender to risk level 81.3 III, the committee shall determine whether residency 81.4 restrictions shall be included in the conditions of the 81.5 offender's release based on the offender's pattern of offending 81.6 behavior. 81.7 Sec. 4. Minnesota Statutes 1998, section 244.052, 81.8 subdivision 4, is amended to read: 81.9 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 81.10 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 81.11 area where the sex offender resides, expects to reside, is 81.12 employed, or is regularly found, shall disclose to the public 81.13 any information regarding the offender contained in the report 81.14 forwarded to the agency under subdivision 3, paragraph (f), if 81.15 the agency determines that disclosure of the information is 81.16 relevant and necessary to protect the public and to counteract 81.17 the offender's dangerousness. The extent of the information 81.18 disclosed and the community to whom disclosure is made must 81.19 relate to the level of danger posed by the offender, to the 81.20 offender's pattern of offending behavior, and to the need of 81.21 community members for information to enhance their individual 81.22 and collective safety. 81.23 (b) The law enforcement agency shall consider the following 81.24 guidelines in determining the scope of disclosure made under 81.25 this subdivision: 81.26 (1) if the offender is assigned to risk level I, the agency 81.27 may maintain information regarding the offender within the 81.28 agency and may disclose it to other law enforcement agencies. 81.29 Additionally, the agency may disclose the information to any 81.30 victims of or witnesses to the offense committed by the offender. 81.31 The agency shall disclose the information to victims of the 81.32 offense committed by the offender who have requested disclosure; 81.33 (2) if the offender is assigned to risk level II, the 81.34 agency also may disclose the information to agencies and groups 81.35 that the offender is likely to encounter for the purpose of 81.36 securing those institutions and protecting individuals in their 82.1 care while they are on or near the premises of the institution. 82.2 These agencies and groups include the staff members of public 82.3 and private educational institutions, day care establishments, 82.4 and establishments and organizations that primarily serve 82.5 individuals likely to be victimized by the offender. The agency 82.6 also may disclose the information to individuals the agency 82.7 believes are likely to be victimized by the offender. The 82.8 agency's belief shall be based on the offender's pattern of 82.9 offending or victim preference as documented in the information 82.10 provided by the department of corrections or human services; 82.11 (3) if the offender is assigned to risk level III, the 82.12 agency also may disclose the information to other members of the 82.13 community whom the offender is likely to encounter. 82.14 Notwithstanding the assignment of a sex offender to risk 82.15 level II or III, a law enforcement agency may not make the 82.16 disclosures permitted by clause (2) or (3), if :the offender is 82.17 placed or resides in a residential facility that is licensed as82.18 a residential program, as defined in section 245A.02,82.19 subdivision 14, by the commissioner of human services under82.20 chapter 254A, or the commissioner of corrections under section82.21 241.021; and the facility and its staff are trained in the82.22 supervision of sex offenders. However, if an offender is placed 82.23 or resides in a licensedresidential facility, the offender and 82.24 the head of the facility shall designate the offender's likely 82.25 residence upon release from the facility and the head of the 82.26 facility shall notify the commissioner of corrections or the 82.27 commissioner of human services of the offender's likely 82.28 residence at least 14 days before the offender's scheduled 82.29 release date. The commissioner shall give this information to 82.30 the law enforcement agency having jurisdiction over the 82.31 offender's likely residence. The head of the residential 82.32 facility also shall notify the commissioner of corrections or 82.33 human services within 48 hours after finalizing the offender's 82.34 approved relocation plan to a permanent residence. Within five 82.35 days after receiving this notification, the appropriate 82.36 commissioner shall give to the appropriate law enforcement 83.1 agency all relevant information the commissioner has concerning 83.2 the offender, including information on the risk factors in the 83.3 offender's history and the risk level to which the offender was 83.4 assigned. After receiving this information, the law enforcement 83.5 agency may make the disclosures permitted by clause (2) or (3), 83.6 as appropriate. 83.7 (c) As used in paragraph (b), clauses (2) and (3), "likely 83.8 to encounter" means that: 83.9 (1) the organizations or community members are in a 83.10 location or in close proximity to a location where the offender 83.11 lives or is employed, or which the offender visits or is likely 83.12 to visit on a regular basis, other than the location of the 83.13 offender's outpatient treatment program; and 83.14 (2) the types of interaction which ordinarily occur at that 83.15 location and other circumstances indicate that contact with the 83.16 offender is reasonably certain. 83.17 (d) A law enforcement agency or official who decides to 83.18 disclose information under this subdivision shall make a good 83.19 faith effort to make the notification within 14 days of receipt 83.20 of a confirmed address from the department of corrections 83.21 indicating that the offender will be, or has been, released from 83.22 confinement, or accepted for supervision, or has moved to a new 83.23 address and will reside at the address indicated. If a change 83.24 occurs in the release plan, this notification provision does not 83.25 require an extension of the release date. 83.26 (e) A law enforcement agency or official that decides to 83.27 disclose information under this subdivision shall not disclose 83.28 the identity of the victims of or witnesses to the offender's 83.29 offenses. 83.30 (f) A law enforcement agency may continue to disclose 83.31 information on an offender under this subdivision for as long as 83.32 the offender is required to register under section 243.166. 83.33 Sec. 5. Minnesota Statutes 1998, section 244.052, is 83.34 amended by adding a subdivision to read: 83.35 Subd. 4a. [LEVEL III OFFENDERS; LOCATION OF 83.36 RESIDENCE.] When an offender assigned to risk level III is 84.1 released from confinement or a residential facility to reside in 84.2 the community or changes residence while on supervised or 84.3 conditional release, the agency responsible for the offender's 84.4 supervision shall take into consideration the proximity of the 84.5 offender's residence to that of other level III offenders and, 84.6 to the greatest extent feasible, shall mitigate the 84.7 concentration of level III offenders. 84.8 Sec. 6. Minnesota Statutes 1998, section 253B.185, is 84.9 amended by adding a subdivision to read: 84.10 Subd. 5. [FINANCIAL RESPONSIBILITY.] (a) For purposes of 84.11 this subdivision, "state facility" has the meaning given in 84.12 section 246.50. 84.13 (b) Notwithstanding sections 246.54, 253B.045, and any 84.14 other law to the contrary, when a petition is filed for 84.15 commitment under this section pursuant to the notice required in 84.16 section 244.05, subdivision 7, the state and county are each 84.17 responsible for 50 percent of the cost of the person's 84.18 confinement at a state facility or county jail, prior to 84.19 commitment. 84.20 (c) The county shall submit an invoice to the state court 84.21 administrator for reimbursement of the state's share of the cost 84.22 of confinement. 84.23 (d) Notwithstanding paragraph (b), the state's 84.24 responsibility for reimbursement is limited to the amount 84.25 appropriated for this purpose. 84.26 Sec. 7. Minnesota Statutes 1998, section 256.01, 84.27 subdivision 2, is amended to read: 84.28 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 84.29 section 241.021, subdivision 2, the commissioner of human 84.30 services shall: 84.31 (1) Administer and supervise all forms of public assistance 84.32 provided for by state law and other welfare activities or 84.33 services as are vested in the commissioner. Administration and 84.34 supervision of human services activities or services includes, 84.35 but is not limited to, assuring timely and accurate distribution 84.36 of benefits, completeness of service, and quality program 85.1 management. In addition to administering and supervising human 85.2 services activities vested by law in the department, the 85.3 commissioner shall have the authority to: 85.4 (a) require county agency participation in training and 85.5 technical assistance programs to promote compliance with 85.6 statutes, rules, federal laws, regulations, and policies 85.7 governing human services; 85.8 (b) monitor, on an ongoing basis, the performance of county 85.9 agencies in the operation and administration of human services, 85.10 enforce compliance with statutes, rules, federal laws, 85.11 regulations, and policies governing welfare services and promote 85.12 excellence of administration and program operation; 85.13 (c) develop a quality control program or other monitoring 85.14 program to review county performance and accuracy of benefit 85.15 determinations; 85.16 (d) require county agencies to make an adjustment to the 85.17 public assistance benefits issued to any individual consistent 85.18 with federal law and regulation and state law and rule and to 85.19 issue or recover benefits as appropriate; 85.20 (e) delay or deny payment of all or part of the state and 85.21 federal share of benefits and administrative reimbursement 85.22 according to the procedures set forth in section 256.017; 85.23 (f) make contracts with and grants to public and private 85.24 agencies and organizations, both profit and nonprofit, and 85.25 individuals, using appropriated funds; and 85.26 (g) enter into contractual agreements with federally 85.27 recognized Indian tribes with a reservation in Minnesota to the 85.28 extent necessary for the tribe to operate a federally approved 85.29 family assistance program or any other program under the 85.30 supervision of the commissioner. The commissioner shall consult 85.31 with the affected county or counties in the contractual 85.32 agreement negotiations, if the county or counties wish to be 85.33 included, in order to avoid the duplication of county and tribal 85.34 assistance program services. The commissioner may establish 85.35 necessary accounts for the purposes of receiving and disbursing 85.36 funds as necessary for the operation of the programs. 86.1 (2) Inform county agencies, on a timely basis, of changes 86.2 in statute, rule, federal law, regulation, and policy necessary 86.3 to county agency administration of the programs. 86.4 (3) Administer and supervise all child welfare activities; 86.5 promote the enforcement of laws protecting handicapped, 86.6 dependent, neglected and delinquent children, and children born 86.7 to mothers who were not married to the children's fathers at the 86.8 times of the conception nor at the births of the children; 86.9 license and supervise child-caring and child-placing agencies 86.10 and institutions; supervise the care of children in boarding and 86.11 foster homes or in private institutions; and generally perform 86.12 all functions relating to the field of child welfare now vested 86.13 in the state board of control. 86.14 (4) Administer and supervise all noninstitutional service 86.15 to handicapped persons, including those who are visually 86.16 impaired, hearing impaired, or physically impaired or otherwise 86.17 handicapped. The commissioner may provide and contract for the 86.18 care and treatment of qualified indigent children in facilities 86.19 other than those located and available at state hospitals when 86.20 it is not feasible to provide the service in state hospitals. 86.21 (5) Assist and actively cooperate with other departments, 86.22 agencies and institutions, local, state, and federal, by 86.23 performing services in conformity with the purposes of Laws 86.24 1939, chapter 431. 86.25 (6) Act as the agent of and cooperate with the federal 86.26 government in matters of mutual concern relative to and in 86.27 conformity with the provisions of Laws 1939, chapter 431, 86.28 including the administration of any federal funds granted to the 86.29 state to aid in the performance of any functions of the 86.30 commissioner as specified in Laws 1939, chapter 431, and 86.31 including the promulgation of rules making uniformly available 86.32 medical care benefits to all recipients of public assistance, at 86.33 such times as the federal government increases its participation 86.34 in assistance expenditures for medical care to recipients of 86.35 public assistance, the cost thereof to be borne in the same 86.36 proportion as are grants of aid to said recipients. 87.1 (7) Establish and maintain any administrative units 87.2 reasonably necessary for the performance of administrative 87.3 functions common to all divisions of the department. 87.4 (8) Act as designated guardian of both the estate and the 87.5 person of all the wards of the state of Minnesota, whether by 87.6 operation of law or by an order of court, without any further 87.7 act or proceeding whatever, except as to persons committed as 87.8 mentally retarded. For children under the guardianship of the 87.9 commissioner whose interests would be best served by adoptive 87.10 placement, the commissioner may contract with a licensed 87.11 child-placing agency to provide adoption services. A contract 87.12 with a licensed child-placing agency must be designed to 87.13 supplement existing county efforts and may not replace existing 87.14 county programs, unless the replacement is agreed to by the 87.15 county board and the appropriate exclusive bargaining 87.16 representative or the commissioner has evidence that child 87.17 placements of the county continue to be substantially below that 87.18 of other counties. 87.19 (9) Act as coordinating referral and informational center 87.20 on requests for service for newly arrived immigrants coming to 87.21 Minnesota. 87.22 (10) The specific enumeration of powers and duties as 87.23 hereinabove set forth shall in no way be construed to be a 87.24 limitation upon the general transfer of powers herein contained. 87.25 (11) Establish county, regional, or statewide schedules of 87.26 maximum fees and charges which may be paid by county agencies 87.27 for medical, dental, surgical, hospital, nursing and nursing 87.28 home care and medicine and medical supplies under all programs 87.29 of medical care provided by the state and for congregate living 87.30 care under the income maintenance programs. 87.31 (12) Have the authority to conduct and administer 87.32 experimental projects to test methods and procedures of 87.33 administering assistance and services to recipients or potential 87.34 recipients of public welfare. To carry out such experimental 87.35 projects, it is further provided that the commissioner of human 87.36 services is authorized to waive the enforcement of existing 88.1 specific statutory program requirements, rules, and standards in 88.2 one or more counties. The order establishing the waiver shall 88.3 provide alternative methods and procedures of administration, 88.4 shall not be in conflict with the basic purposes, coverage, or 88.5 benefits provided by law, and in no event shall the duration of 88.6 a project exceed four years. It is further provided that no 88.7 order establishing an experimental project as authorized by the 88.8 provisions of this section shall become effective until the 88.9 following conditions have been met: 88.10 (a) The secretary of health, education, and welfare of the 88.11 United States has agreed, for the same project, to waive state 88.12 plan requirements relative to statewide uniformity. 88.13 (b) A comprehensive plan, including estimated project 88.14 costs, shall be approved by the legislative advisory commission 88.15 and filed with the commissioner of administration. 88.16 (13) According to federal requirements, establish 88.17 procedures to be followed by local welfare boards in creating 88.18 citizen advisory committees, including procedures for selection 88.19 of committee members. 88.20 (14) Allocate federal fiscal disallowances or sanctions 88.21 which are based on quality control error rates for the aid to 88.22 families with dependent children, Minnesota family investment 88.23 program-statewide, medical assistance, or food stamp program in 88.24 the following manner: 88.25 (a) One-half of the total amount of the disallowance shall 88.26 be borne by the county boards responsible for administering the 88.27 programs. For the medical assistance, MFIP-S, and AFDC 88.28 programs, disallowances shall be shared by each county board in 88.29 the same proportion as that county's expenditures for the 88.30 sanctioned program are to the total of all counties' 88.31 expenditures for the AFDC, MFIP-S, and medical assistance 88.32 programs. For the food stamp program, sanctions shall be shared 88.33 by each county board, with 50 percent of the sanction being 88.34 distributed to each county in the same proportion as that 88.35 county's administrative costs for food stamps are to the total 88.36 of all food stamp administrative costs for all counties, and 50 89.1 percent of the sanctions being distributed to each county in the 89.2 same proportion as that county's value of food stamp benefits 89.3 issued are to the total of all benefits issued for all 89.4 counties. Each county shall pay its share of the disallowance 89.5 to the state of Minnesota. When a county fails to pay the 89.6 amount due hereunder, the commissioner may deduct the amount 89.7 from reimbursement otherwise due the county, or the attorney 89.8 general, upon the request of the commissioner, may institute 89.9 civil action to recover the amount due. 89.10 (b) Notwithstanding the provisions of paragraph (a), if the 89.11 disallowance results from knowing noncompliance by one or more 89.12 counties with a specific program instruction, and that knowing 89.13 noncompliance is a matter of official county board record, the 89.14 commissioner may require payment or recover from the county or 89.15 counties, in the manner prescribed in paragraph (a), an amount 89.16 equal to the portion of the total disallowance which resulted 89.17 from the noncompliance, and may distribute the balance of the 89.18 disallowance according to paragraph (a). 89.19 (15) Develop and implement special projects that maximize 89.20 reimbursements and result in the recovery of money to the 89.21 state. For the purpose of recovering state money, the 89.22 commissioner may enter into contracts with third parties. Any 89.23 recoveries that result from projects or contracts entered into 89.24 under this paragraph shall be deposited in the state treasury 89.25 and credited to a special account until the balance in the 89.26 account reaches $1,000,000. When the balance in the account 89.27 exceeds $1,000,000, the excess shall be transferred and credited 89.28 to the general fund. All money in the account is appropriated 89.29 to the commissioner for the purposes of this paragraph. 89.30 (16) Have the authority to make direct payments to 89.31 facilities providing shelter to women and their children 89.32 according to section 256D.05, subdivision 3. Upon the written 89.33 request of a shelter facility that has been denied payments 89.34 under section 256D.05, subdivision 3, the commissioner shall 89.35 review all relevant evidence and make a determination within 30 89.36 days of the request for review regarding issuance of direct 90.1 payments to the shelter facility. Failure to act within 30 days 90.2 shall be considered a determination not to issue direct payments. 90.3 (17) Have the authority to establish and enforce the 90.4 following county reporting requirements: 90.5 (a) The commissioner shall establish fiscal and statistical 90.6 reporting requirements necessary to account for the expenditure 90.7 of funds allocated to counties for human services programs. 90.8 When establishing financial and statistical reporting 90.9 requirements, the commissioner shall evaluate all reports, in 90.10 consultation with the counties, to determine if the reports can 90.11 be simplified or the number of reports can be reduced. 90.12 (b) The county board shall submit monthly or quarterly 90.13 reports to the department as required by the commissioner. 90.14 Monthly reports are due no later than 15 working days after the 90.15 end of the month. Quarterly reports are due no later than 30 90.16 calendar days after the end of the quarter, unless the 90.17 commissioner determines that the deadline must be shortened to 90.18 20 calendar days to avoid jeopardizing compliance with federal 90.19 deadlines or risking a loss of federal funding. Only reports 90.20 that are complete, legible, and in the required format shall be 90.21 accepted by the commissioner. 90.22 (c) If the required reports are not received by the 90.23 deadlines established in clause (b), the commissioner may delay 90.24 payments and withhold funds from the county board until the next 90.25 reporting period. When the report is needed to account for the 90.26 use of federal funds and the late report results in a reduction 90.27 in federal funding, the commissioner shall withhold from the 90.28 county boards with late reports an amount equal to the reduction 90.29 in federal funding until full federal funding is received. 90.30 (d) A county board that submits reports that are late, 90.31 illegible, incomplete, or not in the required format for two out 90.32 of three consecutive reporting periods is considered 90.33 noncompliant. When a county board is found to be noncompliant, 90.34 the commissioner shall notify the county board of the reason the 90.35 county board is considered noncompliant and request that the 90.36 county board develop a corrective action plan stating how the 91.1 county board plans to correct the problem. The corrective 91.2 action plan must be submitted to the commissioner within 45 days 91.3 after the date the county board received notice of noncompliance. 91.4 (e) The final deadline for fiscal reports or amendments to 91.5 fiscal reports is one year after the date the report was 91.6 originally due. If the commissioner does not receive a report 91.7 by the final deadline, the county board forfeits the funding 91.8 associated with the report for that reporting period and the 91.9 county board must repay any funds associated with the report 91.10 received for that reporting period. 91.11 (f) The commissioner may not delay payments, withhold 91.12 funds, or require repayment under paragraph (c) or (e) if the 91.13 county demonstrates that the commissioner failed to provide 91.14 appropriate forms, guidelines, and technical assistance to 91.15 enable the county to comply with the requirements. If the 91.16 county board disagrees with an action taken by the commissioner 91.17 under paragraph (c) or (e), the county board may appeal the 91.18 action according to sections 14.57 to 14.69. 91.19 (g) Counties subject to withholding of funds under 91.20 paragraph (c) or forfeiture or repayment of funds under 91.21 paragraph (e) shall not reduce or withhold benefits or services 91.22 to clients to cover costs incurred due to actions taken by the 91.23 commissioner under paragraph (c) or (e). 91.24 (18) Allocate federal fiscal disallowances or sanctions for 91.25 audit exceptions when federal fiscal disallowances or sanctions 91.26 are based on a statewide random sample for the foster care 91.27 program under title IV-E of the Social Security Act, United 91.28 States Code, title 42, in direct proportion to each county's 91.29 title IV-E foster care maintenance claim for that period. 91.30 (19) Be responsible for ensuring the detection, prevention, 91.31 investigation, and resolution of fraudulent activities or 91.32 behavior by applicants, recipients, and other participants in 91.33 the human services programs administered by the department. 91.34 (20) Require county agencies to identify overpayments, 91.35 establish claims, and utilize all available and cost-beneficial 91.36 methodologies to collect and recover these overpayments in the 92.1 human services programs administered by the department. 92.2 (21) Have the authority to administer a drug rebate program 92.3 for drugs purchased pursuant to the senior citizen drug program 92.4 established under section 256.955 after the beneficiary's 92.5 satisfaction of any deductible established in the program. The 92.6 commissioner shall require a rebate agreement from all 92.7 manufacturers of covered drugs as defined in section 256B.0625, 92.8 subdivision 13. For each drug, the amount of the rebate shall 92.9 be equal to the basic rebate as defined for purposes of the 92.10 federal rebate program in United States Code, title 42, section 92.11 1396r-8(c)(1). This basic rebate shall be applied to 92.12 single-source and multiple-source drugs. The manufacturers must 92.13 provide full payment within 30 days of receipt of the state 92.14 invoice for the rebate within the terms and conditions used for 92.15 the federal rebate program established pursuant to section 1927 92.16 of title XIX of the Social Security Act. The manufacturers must 92.17 provide the commissioner with any information necessary to 92.18 verify the rebate determined per drug. The rebate program shall 92.19 utilize the terms and conditions used for the federal rebate 92.20 program established pursuant to section 1927 of title XIX of the 92.21 Social Security Act. 92.22 (22) Develop recommended standards for foster care homes 92.23 that address the components of specialized therapeutic services 92.24 to be provided by foster care homes with those services. 92.25 Sec. 8. Minnesota Statutes 1998, section 260.151, 92.26 subdivision 3, is amended to read: 92.27 Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The 92.28 local social services agency , at its option, mayshall establish 92.29 a juvenile treatment screening team to conduct screenings and 92.30 prepare case plans under this subdivision. The team, which may 92.31 be the team constituted under section 245.4885 or 256B.092 or 92.32 Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 92.33 social workers, juvenile justice professionals, and persons with 92.34 expertise in the treatment of juveniles who are emotionally 92.35 disabled, chemically dependent, or have a developmental 92.36 disability. The team shall involve parents or guardians in the 93.1 screening process as appropriate. 93.2 (b) This paragraph applies only in counties that have93.3 established a juvenile treatment screening team under paragraph93.4 (a).If the court, prior to, or as part of, a final 93.5 disposition, proposes to place a child: 93.6 (1) for the primary purpose of treatment for an emotional 93.7 disturbance, a developmental disability, or chemical dependency 93.8 in a residential treatment facility out of state or in one which 93.9 is within the state and licensed by the commissioner of human 93.10 services under chapter 245A; or 93.11 (2) in any out-of-home setting potentially exceeding 30 93.12 days in duration, including a postdispositional placement in a 93.13 facility licensed by the commissioner of corrections or human 93.14 services, 93.15 the court shall notify the county welfare agency. The county's 93.16 juvenile treatment screening team must either: (1) screen and 93.17 evaluate the child and file its recommendations with the court 93.18 within 14 days of receipt of the notice; or (2) elect not to 93.19 screen a given case, and notify the court of that decision 93.20 within three working days. 93.21 (c) If the screening team has elected to screen and 93.22 evaluate the child, the child may not be placed for the primary 93.23 purpose of treatment for an emotional disturbance, a 93.24 developmental disability, or chemical dependency, in a 93.25 residential treatment facility out of state nor in a residential 93.26 treatment facility within the state that is licensed under 93.27 chapter 245A, unless one of the following conditions applies: 93.28 (1) a treatment professional certifies that an emergency 93.29 requires the placement of the child in a facility within the 93.30 state; 93.31 (2) the screening team has evaluated the child and 93.32 recommended that a residential placement is necessary to meet 93.33 the child's treatment needs and the safety needs of the 93.34 community, that it is a cost-effective means of meeting the 93.35 treatment needs, and that it will be of therapeutic value to the 93.36 child; or 94.1 (3) the court, having reviewed a screening team 94.2 recommendation against placement, determines to the contrary 94.3 that a residential placement is necessary. The court shall 94.4 state the reasons for its determination in writing, on the 94.5 record, and shall respond specifically to the findings and 94.6 recommendation of the screening team in explaining why the 94.7 recommendation was rejected. The attorney representing the 94.8 child and the prosecuting attorney shall be afforded an 94.9 opportunity to be heard on the matter. 94.10 Sec. 9. [260.154] [CLASSIFICATION SYSTEM FOR JUVENILE 94.11 OFFENDERS.] 94.12 Each county shall develop a written policy for classifying 94.13 juvenile offenders. The policy must include methods to classify 94.14 the reoffense risk and service needs of juvenile offenders. In 94.15 developing its policy, each county, to the extent practicable, 94.16 shall consult with the department of corrections and attempt to 94.17 achieve compatibility with other counties' classification 94.18 systems. The department of corrections shall cooperate with 94.19 counties in the development of their classification systems by 94.20 offering training programs, explaining existing county risk 94.21 assessment practices, and providing other requested services. 94.22 Sec. 10. Minnesota Statutes 1998, section 260.181, is 94.23 amended by adding a subdivision to read: 94.24 Subd. 3b. [INTENDED OUTCOMES.] When the court orders an 94.25 out-of-home placement disposition for a child, the court shall 94.26 state in its disposition order the intended outcome of the 94.27 placement. 94.28 Sec. 11. Minnesota Statutes 1998, section 260.185, is 94.29 amended by adding a subdivision to read: 94.30 Subd. 1d. [CASE PLAN.] (a) For each disposition ordered 94.31 for an out-of-home placement potentially exceeding 30 days, the 94.32 court shall order the appropriate agency to develop a case plan 94.33 in consultation with the child's parent or parents, guardian or 94.34 custodian, and other appropriate parties. At a minimum, the 94.35 case plan must specify: 94.36 (1) the actions to be taken by the child and, if 95.1 appropriate, the child's parent, guardian, or custodian to 95.2 insure the child's safety, future lawful conduct, and compliance 95.3 with the court's disposition order; and 95.4 (2) the services to be offered and provided by the agency 95.5 to the child and, if appropriate, the child's parent, guardian, 95.6 or custodian. 95.7 (b) The court shall review the case plan and, upon 95.8 approving it, incorporate it into its disposition order. The 95.9 court may review and modify the terms of the case plan as 95.10 appropriate. A party has a right to request a court review of 95.11 the reasonableness of the case plan upon a showing of a 95.12 substantial change of circumstances. 95.13 Sec. 12. [260.196] [COUNTY RESPONSIBILITY FOR TRANSITIONAL 95.14 SERVICES PLANS.] 95.15 When a child is subject to a court dispositional order 95.16 resulting in an out-of-home placement potentially exceeding 30 95.17 days in a residential program under this chapter, the county in 95.18 which the court is located is responsible for monitoring the 95.19 implementation of a transitional service plan upon the child's 95.20 discharge from the program. The county's responsibility under 95.21 this section extends to juveniles committed to the commissioner 95.22 of corrections who have completed the 90-day residential 95.23 after-care component of the program. The county's 95.24 responsibility includes monitoring and coordinating after-care 95.25 services to the child. 95.26 Sec. 13. [260.197] [REPORTS ON ACHIEVEMENT OF GOALS OF 95.27 COURT-ORDERED OUT-OF-HOME PLACEMENTS.] 95.28 By January 15, 2002, and each January 15 after that, the 95.29 commissioners of corrections and human services shall report to 95.30 the legislature on the extent to which the goals of 95.31 court-ordered out-of-home placements required under section 95.32 260.181, subdivision 3b, are being met. 95.33 Sec. 14. Minnesota Statutes 1998, section 346.56, is 95.34 amended to read: 95.35 346.56 [UNAUTHORIZED RELEASE OF ANIMALS.] 95.36 Subd. 2. [LIABILITY FOR DAMAGES.] A person who without 96.1 permission releases an animal lawfully confined for science, 96.2 research, commerce, or education is liable: 96.3 (1) to the owner of the animal for damages, including the 96.4 costs of restoring the animal to confinement and to its health 96.5 condition prior to release; and96.6 (2) for damage to personal and real property caused by the 96.7 released animal .; 96.8 (3) if the release causes the failure or interruption of an 96.9 experiment, the person is liablefor all costs of repeating the 96.10 experiment, including replacement of the animals, labor, and 96.11 materials; and 96.12 (4) for any other damage the person causes to property in 96.13 the facility from which the animal was released. 96.14 Subd. 3. [AMOUNT OF DAMAGES.] A person who is damaged 96.15 under subdivision 2, clause (3) or (4), is entitled to recover a 96.16 minimum of $5,000 or three times the actual damages incurred by 96.17 that person under subdivision 2, clause (3) or (4), whichever is 96.18 greater, and punitive damages, costs, and reasonable attorney 96.19 fees. 96.20 Subd. 4. [THIRD PARTY LIABILITY; PRESUMPTION.] A person or 96.21 organization who plans or assists in the development of a plan 96.22 to release, without permission, an animal lawfully confined for 96.23 science, research, commerce, or education, or who otherwise 96.24 aids, advises, hires, counsels, or encourages another to commit 96.25 the act is jointly and severally liable for all damages under 96.26 subdivision 3. There is a rebuttable presumption that a person 96.27 or organization who claims responsibility for the act is liable 96.28 under this subdivision. 96.29 Sec. 15. [480.175] [QUALIFIED COURT INTERPRETERS.] 96.30 Subdivision 1. [ESTABLISHMENT.] The supreme court, through 96.31 the office of the state court administrator, shall establish a 96.32 program for training, testing, registering, and certifying 96.33 qualified court interpreters. 96.34 Subd. 2. [FEES.] The supreme court may adopt rules to 96.35 assess fees for training, testing, registering, and certifying 96.36 court interpreters. Any fees imposed and collected shall be 97.1 deposited with the state treasurer and shall constitute a 97.2 special fund in the state treasury. The money in this fund 97.3 shall not cancel back to the general fund and is appropriated 97.4 annually to the supreme court for the cost of training, testing, 97.5 certifying, and registering court interpreters. 97.6 Subd. 3. [REPORT.] By January 15 of each year, the supreme 97.7 court shall report to the chairs and ranking minority members of 97.8 the senate and house committees and divisions with jurisdiction 97.9 over criminal justice funding on the amount of fees imposed, 97.10 collected, and appropriated under this section. The report must 97.11 include information on how the money is being used. 97.12 Sec. 16. Minnesota Statutes 1998, section 484.013, 97.13 subdivision 1, is amended to read: 97.14 Subdivision 1. [ESTABLISHMENT.] (a) A program is 97.15 established in the second and fourth judicial districts to 97.16 consolidate the hearing and determination of matters related to 97.17 residential rental housing and to ensure continuity and 97.18 consistency in the disposition of cases. 97.19 (b) Outside the second and fourth judicial districts, a 97.20 district court may establish the program described in paragraph 97.21 (a) in counties that it specifies in the district. 97.22 Sec. 17. Minnesota Statutes 1998, section 484.013, 97.23 subdivision 2, is amended to read: 97.24 Subd. 2. [JURISDICTION.] The housing calendar program may 97.25 consolidate the hearing and determination of all proceedings 97.26 under chapters 504 and 566; criminal and civil proceedings 97.27 related to violations of any state, county or city health, 97.28 safety, housing, building, fire prevention or housing 97.29 maintenance code; escrow of rent proceedings; landlord-tenant97.30 damage actions;and actions for rent and rentabatement. A 97.31 proceeding under sections 566.01 to 566.17 may not be delayed 97.32 because of the consolidation of matters under the housing 97.33 calendar program. 97.34 The program must provide for the consolidation of 97.35 landlord-tenant damage actions and actions for rent at the 97.36 request of either party. A court may not consolidate claims 98.1 unless the plaintiff has met the applicable jurisdictional and 98.2 procedural requirements for each cause of action. A request for 98.3 consolidation of claims by the plaintiff does not require 98.4 mandatory joinder of defendant's claims, and a defendant is not 98.5 barred from raising those claims at another time or forum. 98.6 Sec. 18. Minnesota Statutes 1998, section 611A.77, is 98.7 amended to read: 98.8 611A.77 [MEDIATION PROGRAMS FOR CRIME VICTIMS AND 98.9 OFFENDERS.] 98.10 Subdivision 1. [GRANTS.] The state court administrator98.11 executive director of the center for crime victim services shall 98.12 award grants to nonprofit organizations to create or expand 98.13 mediation programs for crime victims and offenders. For 98.14 purposes of this section, "offender" means an adult charged with 98.15 a nonviolent crime or a juvenile who has been referred to a 98.16 mediation program before or after a petition for delinquency has 98.17 been filed in connection with a nonviolent offense, and 98.18 "nonviolent crime" and "nonviolent offense" exclude any offense 98.19 in which the victim is a family or household member, as defined 98.20 in section 518B.01, subdivision 2. 98.21 Subd. 2. [PROGRAMS.] The state court administrator98.22 executive director of the center for crime victim services shall 98.23 award grants to further the following goals: 98.24 (1) to expand existing mediation programs for crime victims 98.25 and juvenile offenders to also include adult offenders; 98.26 (2) to initiate victim-offender mediation programs in areas 98.27 that have no victim-offender mediation programs; 98.28 (3) to expand the opportunities for crime victims to be 98.29 involved in the criminal justice process; 98.30 (4) to evaluate the effectiveness of victim-offender 98.31 mediation programs in reducing recidivism and encouraging the 98.32 payment of court-ordered restitution; and 98.33 (5) to evaluate the satisfaction of victims who participate 98.34 in the mediation programs. 98.35 Subd. 3. [MEDIATOR QUALIFICATIONS.] The state court98.36 administratorexecutive director of the center for crime victim 99.1 services shall establish criteria to ensure that mediators 99.2 participating in the program are qualified. 99.3 Subd. 4. [MATCH REQUIRED.] A nonprofit organization may 99.4 not receive a grant under this section unless the group has 99.5 raised a matching amount from other sources. 99.6 Sec. 19. Laws 1997, chapter 85, article 3, section 53, is 99.7 amended to read: 99.8 Sec. 53. [TRANSFER OF RESPONSIBILITIES FOR PROVIDING 99.9 SECURE CRISIS SHELTER.] 99.10 In state fiscal year 20002001, all the powers, duties, and 99.11 functions of the commissioner of human services relating to the 99.12 operation and funding of shelters for battered women are 99.13 transferred to the commissioner of correctionsexecutive 99.14 director of the center for crime victim services in accordance 99.15 with Minnesota Statutes, section 15.039, except for personnel 99.16 transfers under Minnesota Statutes, section 15.039, subdivision 99.17 7. 99.18 No payments by the general assistance program under 99.19 Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a, 99.20 will be made after June 30, 2000. 99.21 Sec. 20. [TASK FORCE ON JUVENILE OUT-OF-HOME PLACEMENT 99.22 GOALS.] 99.23 Subdivision 1. [TASK FORCE ESTABLISHED.] The chief justice 99.24 of the supreme court is requested to convene a task force on 99.25 juvenile out-of-home placement goals. If the task force is 99.26 convened, it shall: 99.27 (1) develop a uniform list of possible out-of-home 99.28 placement goals for juvenile court dispositions from which 99.29 judges could select when complying with Minnesota Statutes, 99.30 section 260.181, subdivision 3b; and 99.31 (2) identify steps required to be taken by state agencies 99.32 to collect and report summary information on the achievement of 99.33 these goals. 99.34 The task force shall specify which agencies should collect 99.35 the information and identify costs related to collecting it. 99.36 Subd. 2. [MEMBERSHIP.] The chief justice should invite 100.1 individuals with a demonstrated interest and experience in 100.2 issues related to juvenile out-of-home placements to join the 100.3 task force. In addition, the chief justice should invite 100.4 legislators and representatives from the executive branch to 100.5 join the task force, as well as representatives from county 100.6 corrections agencies and communities of color. 100.7 Subd. 3. [REPORT REQUIRED.] By January 15, 2001, the task 100.8 force shall report its recommendations to the chairs and ranking 100.9 minority members of the senate and house committees having 100.10 jurisdiction over issues related to criminal justice, civil law, 100.11 and human services. The report must identify any changes 100.12 required in law to implement its recommendations. The task 100.13 force expires upon submission of its report. 100.14 Sec. 21. [TASK FORCE ON INFORMATION COLLECTION FOR 100.15 OUT-OF-HOME PLACEMENTS.] 100.16 Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners 100.17 of corrections and human services shall convene a task force to 100.18 identify ways to collect comprehensive statewide information on 100.19 juvenile out-of-home placement spending and individual juvenile 100.20 out-of-home placements. The task force shall review and address 100.21 the findings made in the January 1999 juvenile out-of-home 100.22 placement program evaluation report prepared by the office of 100.23 the legislative auditor. The task force shall: (1) identify 100.24 ways for county corrections agencies to report information on 100.25 all individual out-of-home placements, including preadjudication 100.26 detention and postadjudication placements; (2) identify ways to 100.27 coordinate these efforts with the data collection requirements 100.28 of the umbrella rule; (3) identify ways to coordinate the data 100.29 collection systems of the department of human services and 100.30 corrections to ensure that juvenile out-of-home placement data 100.31 can be shared between the agencies; and (4) study ways to 100.32 increase federal reimbursement for out-of-home placements and 100.33 after care costs including juvenile probation. The task force 100.34 expires upon submission of its recommendations to the 100.35 commissioners. 100.36 Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the 101.1 commissioners of corrections and human services shall report to 101.2 the chairs and ranking minority members of the senate and house 101.3 committees having jurisdiction over issues related to criminal 101.4 justice, civil law, and human services on the recommendations of 101.5 the task force. 101.6 Sec. 22. [TASK FORCE ON RESIDENTIAL PROGRAM COMPLETION 101.7 INFORMATION.] 101.8 Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners 101.9 of corrections and human services shall convene a task force to 101.10 adopt uniform definitions for measuring residential program 101.11 completion rates for juveniles placed in residential facilities. 101.12 Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the 101.13 commissioners of corrections and human services shall report to 101.14 the chairs and ranking minority members of the senate and house 101.15 committees having jurisdiction over issues related to criminal 101.16 justice, civil law, and human services on the recommendations of 101.17 the task force. The task force expires upon submission of its 101.18 recommendations to the commissioners. 101.19 Sec. 23. [CULTURALLY APPROPRIATE SERVICES FOR JUVENILES.] 101.20 Subdivision 1. [IDENTIFICATION OF BEST PRACTICES 101.21 REQUIRED.] The commissioners of corrections and human services 101.22 shall study issues involving providing culturally appropriate 101.23 screening, assessment, case management, and direct services for 101.24 juveniles in juvenile court. The commissioners shall identify a 101.25 set of best practices in these areas and make these recommended 101.26 best practices available to the staffs of juvenile residential 101.27 facilities and counties. 101.28 Subd. 2. [REPORT.] By January 15, 2001, the commissioners 101.29 of corrections and human services shall report their findings 101.30 and recommendations to the chairs and ranking minority members 101.31 of the senate and house committees having jurisdiction over 101.32 issues related to criminal justice, civil law, and human 101.33 services. 101.34 Sec. 24. [DEPARTMENT OF HUMAN SERVICES JUVENILE 101.35 OUT-OF-HOME PLACEMENT DATABASE.] 101.36 The department of human services shall continue to review 102.1 and monitor the social services information system to ensure the 102.2 accuracy and completeness of data on juvenile out-of-home 102.3 placements, including the number of children in out-of-home 102.4 placements, characteristics of those children, days spent in 102.5 placement, outcomes of placements, and other data necessary to 102.6 evaluate the out-of-home placement of juveniles on a county and 102.7 statewide basis. To the extent possible, the department shall 102.8 identify and correct errors and omissions in its current 102.9 database in order to facilitate future analyses and comparisons 102.10 of juvenile out-of-home placements. 102.11 Sec. 25. [NEW JUDGESHIPS.] 102.12 Three of the additional judgeships authorized for judicial 102.13 districts in Minnesota Statutes, section 2.722, subdivision 1, 102.14 are established effective July 1, 1999, three are established 102.15 effective January 1, 2000, three are established effective July 102.16 1, 2000, and four are established effective January 1, 2001. 102.17 Sec. 26. [REPEALER.] 102.18 Minnesota Statutes 1998, section 256D.05, subdivisions 3 102.19 and 3a, are repealed. 102.20 Sec. 27. [EFFECTIVE DATES.] 102.21 Sections 2 to 5 are effective August 1, 1999, and apply to 102.22 offenders released from confinement or residential facilities on 102.23 or after that date, and to changes of residence by offenders 102.24 after that date. Sections 12 and 26 are effective July 1, 102.25 2000. Section 14 is effective the day following final enactment. 102.26 ARTICLE 7 102.27 STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS; 102.28 COLLECTIVE BARGAINING 102.29 Section 1. Minnesota Statutes 1998, section 43A.02, 102.30 subdivision 25, is amended to read: 102.31 Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all 102.32 judges of the appellate courts, all employees of the appellate 102.33 courts, including commissions, boards, and committees 102.34 established by the supreme court, the board of law examiners, 102.35 the law library, the office of the state public defender, 102.36 district public defenders and their employees, all judges of all 103.1 courts of law, district court referees, judicial officers, court 103.2 reporters, law clerks, district administration employees under 103.3 section 484.68, court administrator or employee of the court and103.4 guardian ad litem program employeesin the eightha judicial 103.5 district under section 480.181, subdivision 1, paragraph (b), 103.6 guardian ad litem program employees, and other agencies placed 103.7 in the judicial branch by law. Judicial branch does not include 103.8 district administration or public defenders or their employees 103.9 in the second and fourth judicial districts, court 103.10 administrators not under section 480.181, subdivision 1, 103.11 paragraph (b), or their staff under chapter 485, guardians ad103.12 litem,or other employees within the court system whose salaries 103.13 are paid by the county, other than employees who remain on the 103.14 county payroll under section 480.181, subdivision 2. 103.15 Sec. 2. Minnesota Statutes 1998, section 43A.24, 103.16 subdivision 2, is amended to read: 103.17 Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons 103.18 are eligible for state paid life insurance and hospital, 103.19 medical, and dental benefits as determined in applicable 103.20 collective bargaining agreements or by the commissioner or by 103.21 plans pursuant to section 43A.18, subdivision 6, or by the board 103.22 of regents for employees of the University of Minnesota not 103.23 covered by collective bargaining agreements. Coverages made 103.24 available, including optional coverages, are as contained in the 103.25 plan established pursuant to section 43A.18, subdivision 2: 103.26 (a) a member of the state legislature, provided that 103.27 changes in benefits resulting in increased costs to the state 103.28 shall not be effective until expiration of the term of the 103.29 members of the existing house of representatives. An eligible 103.30 member of the state legislature may decline to be enrolled for 103.31 state paid coverages by filing a written waiver with the 103.32 commissioner. The waiver shall not prohibit the member from 103.33 enrolling the member or dependents for optional coverages, 103.34 without cost to the state, as provided for in section 43A.26. A 103.35 member of the state legislature who returns from a leave of 103.36 absence to a position previously occupied in the civil service 104.1 shall be eligible to receive the life insurance and hospital, 104.2 medical, and dental benefits to which the position is entitled; 104.3 (b) a permanent employee of the legislature or a permanent 104.4 employee of a permanent study or interim committee or commission 104.5 or a state employee on leave of absence to work for the 104.6 legislature, during a regular or special legislative session; 104.7 (c) a judge of the appellate courts or an officer or 104.8 employee of these courts; a judge of the district court, a judge 104.9 of county court, or a judge of county municipal court; a 104.10 district court referee, judicial officer, court reporter, or law 104.11 clerk; a district administrator; an employee of the office of 104.12 the district administrator that is not in the second or fourth 104.13 judicial district; a court administrator or employee of the 104.14 court administrator in the eightha judicial district under 104.15 section 480.181, subdivision 1, paragraph (b), and a guardian ad 104.16 litem program administrator in the eighth judicial104.17 districtemployee; 104.18 (d) a salaried employee of the public employees retirement 104.19 association; 104.20 (e) a full-time military or civilian officer or employee in 104.21 the unclassified service of the department of military affairs 104.22 whose salary is paid from state funds; 104.23 (f) a salaried employee of the Minnesota historical 104.24 society, whether paid from state funds or otherwise, who is not 104.25 a member of the governing board; 104.26 (g) an employee of the regents of the University of 104.27 Minnesota; 104.28 (h) notwithstanding section 43A.27, subdivision 3, an 104.29 employee of the state of Minnesota or the regents of the 104.30 University of Minnesota who is at least 60 and not yet 65 years 104.31 of age on July 1, 1982, who is otherwise eligible for employee 104.32 and dependent insurance and benefits pursuant to section 43A.18 104.33 or other law, who has at least 20 years of service and retires, 104.34 earlier than required, within 60 days of March 23, 1982; or an 104.35 employee who is at least 60 and not yet 65 years of age on July 104.36 1, 1982, who has at least 20 years of state service and retires, 105.1 earlier than required, from employment at Rochester state 105.2 hospital after July 1, 1981; or an employee who is at least 55 105.3 and not yet 65 years of age on July 1, 1982, and is covered by 105.4 the Minnesota state retirement system correctional employee 105.5 retirement plan or the state patrol retirement fund, who has at 105.6 least 20 years of state service and retires, earlier than 105.7 required, within 60 days of March 23, 1982. For purposes of 105.8 this clause, a person retires when the person terminates active 105.9 employment in state or University of Minnesota service and 105.10 applies for a retirement annuity. Eligibility shall cease when 105.11 the retired employee attains the age of 65, or when the employee 105.12 chooses not to receive the annuity that the employee has applied 105.13 for. The retired employee shall be eligible for coverages to 105.14 which the employee was entitled at the time of retirement, 105.15 subject to any changes in coverage through collective bargaining 105.16 or plans established pursuant to section 43A.18, for employees 105.17 in positions equivalent to that from which retired, provided 105.18 that the retired employee shall not be eligible for state-paid 105.19 life insurance. Coverages shall be coordinated with relevant 105.20 health insurance benefits provided through the federally 105.21 sponsored Medicare program; 105.22 (i) an employee of an agency of the state of Minnesota 105.23 identified through the process provided in this paragraph who is 105.24 eligible to retire prior to age 65. The commissioner and the 105.25 exclusive representative of state employees shall enter into 105.26 agreements under section 179A.22 to identify employees whose 105.27 positions are in programs that are being permanently eliminated 105.28 or reduced due to federal or state policies or practices. 105.29 Failure to reach agreement identifying these employees is not 105.30 subject to impasse procedures provided in chapter 179A. The 105.31 commissioner must prepare a plan identifying eligible employees 105.32 not covered by a collective bargaining agreement in accordance 105.33 with the process outlined in section 43A.18, subdivisions 2 and 105.34 3. For purposes of this paragraph, a person retires when the 105.35 person terminates active employment in state service and applies 105.36 for a retirement annuity. Eligibility ends as provided in the 106.1 agreement or plan, but must cease at the end of the month in 106.2 which the retired employee chooses not to receive an annuity, or 106.3 the employee is eligible for employer-paid health insurance from 106.4 a new employer. The retired employees shall be eligible for 106.5 coverages to which they were entitled at the time of retirement, 106.6 subject to any changes in coverage through collective bargaining 106.7 or plans established under section 43A.18 for employees in 106.8 positions equivalent to that from which they retired, provided 106.9 that the retired employees shall not be eligible for state-paid 106.10 life insurance; 106.11 (j) employees of the state public defender's office, and106.12 district public defenders and their employees other than in the106.13 second and fourth judicial districtsstate board of public 106.14 defense, with eligibility determined by the state board of 106.15 public defense in consultation with the commissioner of employee 106.16 relations; and 106.17 (k) employees of the health data institute under section 106.18 62J.451, subdivision 12, as paid for by the health data 106.19 institute. 106.20 Sec. 3. Minnesota Statutes 1998, section 179A.03, 106.21 subdivision 7, is amended to read: 106.22 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 106.23 firefighters, peace officers subject to licensure under sections 106.24 626.84 to 626.863, 911 system and police and fire department 106.25 public safety dispatchers, guards at correctional facilities, 106.26 confidential employees, supervisory employees, assistant county 106.27 attorneys, assistant city attorneys, principals, and assistant 106.28 principals. However, for state employees, "essential employee" 106.29 means all employees in law enforcement, health care 106.30 professionals, correctional guards, professional engineering, 106.31 and supervisory collective bargaining units, irrespective of 106.32 severance, and no other employees. For University of Minnesota 106.33 employees, "essential employee" means all employees in law 106.34 enforcement, nursing professional and supervisory units, 106.35 irrespective of severance, and no other employees. 106.36 "Firefighters" means salaried employees of a fire department 107.1 whose duties include, directly or indirectly, controlling, 107.2 extinguishing, preventing, detecting, or investigating 107.3 fires. Employees for whom the state court administrator is the 107.4 negotiating employer are not essential employees. 107.5 Sec. 4. Minnesota Statutes 1998, section 179A.03, 107.6 subdivision 14, is amended to read: 107.7 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or 107.8 "employee" means any person appointed or employed by a public 107.9 employer except: 107.10 (a) elected public officials; 107.11 (b) election officers; 107.12 (c) commissioned or enlisted personnel of the Minnesota 107.13 national guard; 107.14 (d) emergency employees who are employed for emergency work 107.15 caused by natural disaster; 107.16 (e) part-time employees whose service does not exceed the 107.17 lesser of 14 hours per week or 35 percent of the normal work 107.18 week in the employee's appropriate unit; 107.19 (f) employees whose positions are basically temporary or 107.20 seasonal in character and: (1) are not for more than 67 working 107.21 days in any calendar year; or (2) are not for more than 100 107.22 working days in any calendar year and the employees are under 107.23 the age of 22, are full-time students enrolled in a nonprofit or 107.24 public educational institution prior to being hired by the 107.25 employer, and have indicated, either in an application for 107.26 employment or by being enrolled at an educational institution 107.27 for the next academic year or term, an intention to continue as 107.28 students during or after their temporary employment; 107.29 (g) employees providing services for not more than two 107.30 consecutive quarters to the board of trustees of the Minnesota 107.31 state colleges and universities under the terms of a 107.32 professional or technical services contract as defined in 107.33 section 16C.08, subdivision 1; 107.34 (h) employees of charitable hospitals as defined by section 107.35 179.35, subdivision 3; 107.36 (i) full-time undergraduate students employed by the school 108.1 which they attend under a work-study program or in connection 108.2 with the receipt of financial aid, irrespective of number of 108.3 hours of service per week; 108.4 (j) an individual who is employed for less than 300 hours 108.5 in a fiscal year as an instructor in an adult vocational 108.6 education program; 108.7 (k) an individual hired by a school district or the board 108.8 of trustees of the Minnesota state colleges and universities to 108.9 teach one course for up to four credits for one quarter in a 108.10 year; 108.11 (l) with respect to court employees: 108.12 (1) personal secretaries to judges; 108.13 (2) court reporters; 108.14 (3) law clerks; 108.15 (4) managerial employees; 108.16 (5) confidential employees; and 108.17 (6) supervisory employees. 108.18 The following individuals are public employees regardless 108.19 of the exclusions of clauses (e) and (f): 108.20 (1)(i) An employee hired by a school district or the board 108.21 of trustees of the Minnesota state colleges and universities 108.22 except at the university established in section 136F.13 or for 108.23 community services or community education instruction offered on 108.24 a noncredit basis: (i)(A) to replace an absent teacher or 108.25 faculty member who is a public employee, where the replacement 108.26 employee is employed more than 30 working days as a replacement 108.27 for that teacher or faculty member; or (ii)(B) to take a 108.28 teaching position created due to increased enrollment, 108.29 curriculum expansion, courses which are a part of the curriculum 108.30 whether offered annually or not, or other appropriate reasons; 108.31 and 108.32 (2)(ii) An employee hired for a position under clause 108.33 (f)(1) if that same position has already been filled under 108.34 clause (f)(1) in the same calendar year and the cumulative 108.35 number of days worked in that same position by all employees 108.36 exceeds 67 calendar days in that year. For the purpose of this 109.1 paragraph, "same position" includes a substantially equivalent 109.2 position if it is not the same position solely due to a change 109.3 in the classification or title of the position. 109.4 Sec. 5. Minnesota Statutes 1998, section 179A.03, 109.5 subdivision 15, is amended to read: 109.6 Subd. 15. [PUBLIC EMPLOYER.] "Public employer" or 109.7 "employer" means: 109.8 (a) the state of Minnesota for employees of the state not 109.9 otherwise provided for in this subdivision or section 179A.10 109.10 for executive branch employees; 109.11 (b) the board of regents of the University of Minnesota for 109.12 its employees; and109.13 (c) the state court administrator for court employees; 109.14 (d) the state board of public defense for its employees; 109.15 and 109.16 (e) notwithstanding any other law to the contrary, the 109.17 governing body of a political subdivision or its agency or 109.18 instrumentality which has final budgetary approval authority for 109.19 its employees. However, the views of elected appointing 109.20 authorities who have standing to initiate interest arbitration, 109.21 and who are responsible for the selection, direction, 109.22 discipline, and discharge of individual employees shall be 109.23 considered by the employer in the course of the discharge of 109.24 rights and duties under sections 179A.01 to 179A.25. 109.25 When two or more units of government subject to sections 109.26 179A.01 to 179A.25 undertake a project or form a new agency 109.27 under law authorizing common or joint action, the employer is 109.28 the governing person or board of the created agency. The 109.29 governing official or body of the cooperating governmental units 109.30 shall be bound by an agreement entered into by the created 109.31 agency according to sections 179A.01 to 179A.25. 109.32 "Public employer" or "employer" does not include a 109.33 "charitable hospital" as defined in section 179.35, subdivision 109.34 2. 109.35 Nothing in this subdivision diminishes the authority 109.36 granted pursuant to law to an appointing authority with respect 110.1 to the selection, direction, discipline, or discharge of an 110.2 individual employee if this action is consistent with general 110.3 procedures and standards relating to selection, direction, 110.4 discipline, or discharge which are the subject of an agreement 110.5 entered into under sections 179A.01 to 179A.25. 110.6 Sec. 6. Minnesota Statutes 1998, section 179A.03, is 110.7 amended by adding a subdivision to read: 110.8 Subd. 20. [COURT EMPLOYEE.] "Court employee" means a 110.9 public employee employed by the supreme court, court of appeals, 110.10 or a judicial district that is under section 480.181, 110.11 subdivision 1, paragraph (b). 110.12 Sec. 7. Minnesota Statutes 1998, section 179A.06, 110.13 subdivision 2, is amended to read: 110.14 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the 110.15 right to form and join labor or employee organizations, and have 110.16 the right not to form and join such organizations. Public 110.17 employees in an appropriate unit have the right by secret ballot 110.18 to designate an exclusive representative to negotiate grievance 110.19 procedures and the terms and conditions of employment with their 110.20 employer. Confidential employees of the state, confidential 110.21 court employees, and theconfidential University of 110.22 Minnesota employees are excluded from bargaining. Supervisory 110.23 and managerial court employees are excluded from bargaining. 110.24 Other confidential employees, supervisory employees, principals, 110.25 and assistant principals may form their own organizations. An 110.26 employer shall extend exclusive recognition to a representative 110.27 of or an organization of supervisory or confidential employees, 110.28 or principals and assistant principals, for the purpose of 110.29 negotiating terms or conditions of employment, in accordance 110.30 with sections 179A.01 to 179A.25, applicable to essential 110.31 employees. 110.32 Supervisory or confidential employee organizations shall 110.33 not participate in any capacity in any negotiations which 110.34 involve units of employees other than supervisory or 110.35 confidential employees. Except for organizations which 110.36 represent supervisors who are: (1) firefighters, peace officers 111.1 subject to licensure under sections 626.84 to 626.863, guards at 111.2 correctional facilities, or employees at hospitals other than 111.3 state hospitals; and (2) not state or University of Minnesota 111.4 employees, a supervisory or confidential employee organization 111.5 which is affiliated with another employee organization which is 111.6 the exclusive representative of nonsupervisory or 111.7 nonconfidential employees of the same public employer shall not 111.8 be certified, or act as, an exclusive representative for the 111.9 supervisory or confidential employees. For the purpose of this 111.10 subdivision, affiliation means either direct or indirect and 111.11 includes affiliation through a federation or joint body of 111.12 employee organizations. 111.13 Sec. 8. Minnesota Statutes 1998, section 179A.10, 111.14 subdivision 4, is amended to read: 111.15 Subd. 4. [OTHER ASSIGNMENTS.] The commissioner shall 111.16 assign state employee classifications, court employee 111.17 classifications, University of Minnesota employee 111.18 classifications, and supervisory positions to the appropriate 111.19 units when the classifications or positions have not been 111.20 assigned under subdivision 2 or section 179A.101 or 179A.11 or 111.21 have been significantly modified in occupational content 111.22 subsequent to assignment under these sections. The assignment 111.23 of the classes shall be made on the basis of the community of 111.24 interest of the majority of employees in these classes with the 111.25 employees within the statutory units. All the employees in a 111.26 class, excluding supervisory and confidential employees, shall 111.27 be assigned to a single appropriate unit. 111.28 Sec. 9. [179A.101] [COURT UNITS.] 111.29 Subdivision 1. [COURT EMPLOYEE UNITS.] (a) The state court 111.30 administrator shall meet and negotiate with the exclusive 111.31 representative of each of the units specified in this section. 111.32 The units provided in this section are the only appropriate 111.33 units for court employees. Court employees, unless otherwise 111.34 excluded, are included within the units which include the 111.35 classifications to which they are assigned for purposes of 111.36 compensation. Initial assignment of classifications to 112.1 bargaining units shall be made by the state court administrator 112.2 by August 15, 1999. An exclusive representative may appeal the 112.3 initial assignment decision of the state court administrator by 112.4 filing a petition with the commissioner within 45 days of being 112.5 certified as the exclusive representative for a judicial 112.6 district. The units in this subdivision are the appropriate 112.7 units of court employees. 112.8 (b) The judicial district unit consists of clerical, 112.9 administrative, and technical employees of a judicial district 112.10 under section 480.181, subdivision 1, paragraph (b), or of two 112.11 or more of these districts that are represented by the same 112.12 employee organization or one or more subordinate bodies of the 112.13 same employee organization. The judicial district unit includes 112.14 individuals, not otherwise excluded, whose work is typically 112.15 clerical or secretarial in nature, including nontechnical data 112.16 recording and retrieval and general office work, and 112.17 individuals, not otherwise excluded, whose work is not typically 112.18 manual and which requires specialized knowledge or skills 112.19 acquired through two-year academic programs or equivalent 112.20 experience or on-the-job training. 112.21 (c) The appellate courts unit consists of clerical, 112.22 administrative, and technical employees of the court of appeals 112.23 and clerical, administrative, and technical employees of the 112.24 supreme court. The appellate courts unit includes individuals, 112.25 not otherwise excluded, whose work is typically clerical or 112.26 secretarial in nature, including nontechnical data recording and 112.27 retrieval and general office work, and individuals, not 112.28 otherwise excluded, whose work is not typically manual and which 112.29 requires specialized knowledge or skills acquired through 112.30 two-year academic programs or equivalent experience or 112.31 on-the-job training. 112.32 (d) The court employees professional employee unit consists 112.33 of professional employees, not otherwise excluded, that are 112.34 employed by the supreme court, the court of appeals, or a 112.35 judicial district under section 480.181, subdivision 1, 112.36 paragraph (b). 113.1 (e) Copies of collective bargaining agreements entered into 113.2 under this section must be submitted to the legislative 113.3 coordinating commission for the commission's information. 113.4 Subd. 2. [EXCLUSIONS.] The following employees are 113.5 excluded from the appropriate units under subdivision 1: 113.6 (1) personal secretaries to judges; 113.7 (2) court reporters; 113.8 (3) law clerks; 113.9 (4) managerial employees; 113.10 (5) confidential employees; and 113.11 (6) supervisory employees. 113.12 Subd. 3. [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN 113.13 ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization 113.14 or one or more subordinate bodies of the same employee 113.15 organization is certified as the exclusive representative of the 113.16 employees in more than one judicial district unit, all judicial 113.17 district units for which the employee organization or one or 113.18 more subordinate bodies of the same employee organization has 113.19 been certified will be combined into one unit and the employee 113.20 organization certified as exclusive representative of the 113.21 employees of the new, combined unit. The commissioner shall 113.22 issue a certification within 45 days of receipt of a petition 113.23 demonstrating that an employee organization or one or more 113.24 subordinate bodies of the same employee organization is 113.25 certified as the exclusive representative of employees in more 113.26 than one judicial district unit. 113.27 Sec. 10. [179A.102] [TRANSITION TO NEW BARGAINING UNIT 113.28 STRUCTURE.] 113.29 Subdivision 1. [APPLICATION OF SECTION.] Notwithstanding 113.30 the provisions of section 179A.12 or any other law, this section 113.31 governs, where contrary to other law, the initial certification 113.32 and decertification, if any, of exclusive representatives for 113.33 the appropriate units established by section 9. Subsequent to 113.34 the initial certification and decertification, if any, pursuant 113.35 to this section, this section does not apply. 113.36 Subd. 2. [EXISTING MAJORITY.] The commissioner shall 114.1 certify an employee organization as exclusive representative for 114.2 an appropriate unit established under section 9 upon a petition 114.3 filed with the commissioner by the organization within 30 days 114.4 of the effective date of the judicial district coming under 114.5 section 480.181, subdivision 1, paragraph (b), demonstrating 114.6 that the petitioner is certified pursuant to section 179A.12 as 114.7 the exclusive representative of a majority of the employees 114.8 included within the unit established by section 9 as of that 114.9 effective date. Two or more employee organizations that 114.10 represent the employees in a unit established by section 9 may 114.11 petition jointly under this subdivision, provided that any 114.12 organization may withdraw from a joint certification in favor of 114.13 the remaining organizations on 30 days' notice to the remaining 114.14 organizations, the employer, and the commissioner, without 114.15 affecting the rights and obligations of the remaining 114.16 organizations or the employer. The commissioner shall make a 114.17 determination on a timely petition within 45 days of its receipt. 114.18 Subd. 3. [NO EXISTING MAJORITY.] (a) If no exclusive 114.19 representative is certified under subdivision 2, the 114.20 commissioner shall certify an employee organization as exclusive 114.21 representative for an appropriate unit established under section 114.22 9 upon a petition filed by the organization within the time 114.23 period provided in subdivision 2 demonstrating that the 114.24 petitioner is certified under section 179A.12 as the exclusive 114.25 representative of fewer than a majority of the employees 114.26 included within the unit established by section 9, if no other 114.27 employee organization so certified has filed a petition within 114.28 the time period provided in subdivision 2 and a majority of the 114.29 employees in the unit established by section 9 are represented 114.30 by employee organizations under section 179A.12 on the effective 114.31 date of the judicial district coming under section 480.181, 114.32 subdivision 1, paragraph (b). Two or more employee 114.33 organizations, each of which represents employees included in 114.34 the unit established by section 9, may petition jointly under 114.35 this paragraph, provided that any organization may withdraw from 114.36 a joint certification in favor of the remaining organizations on 115.1 30 days' notice to the remaining organizations, the employer, 115.2 and the commissioner without affecting the rights and 115.3 obligations of the remaining organizations or the employer. The 115.4 commissioner shall make a determination on a timely petition 115.5 within 45 days of its receipt. 115.6 (b) If no exclusive representative is certified under 115.7 subdivision 2 or paragraph (a), and an employee organization 115.8 petitions the commissioner within 90 days of the effective date 115.9 of the judicial district coming under section 480.181, 115.10 subdivision 1, paragraph (b), demonstrating that a majority of 115.11 the employees included within a unit established by section 9 115.12 wish to be represented by the petitioner, where this majority is 115.13 evidenced by current dues deduction rights, signed statements 115.14 from court employees in counties within the district that are 115.15 not currently represented by any employee organization plainly 115.16 indicating that the signatories wish to be represented for 115.17 collective bargaining purposes by the petitioner rather than by 115.18 any other organization, or a combination of those, the 115.19 commissioner shall certify the petitioner as exclusive 115.20 representative of the employees in the unit established by 115.21 section 9. The commissioner shall make a determination on a 115.22 timely petition within 45 days of its receipt. 115.23 (c) If no exclusive representative is certified under 115.24 subdivision 2 or paragraph (a) or (b), and an employee 115.25 organization petitions the commissioner subsequent to the 115.26 effective date of the judicial district coming under section 115.27 480.181, subdivision 1, paragraph (b), demonstrating that at 115.28 least 30 percent of the employees included within a unit 115.29 established by section 9 wish to be represented by the 115.30 petitioner, where this 30 percent is evidenced by current dues 115.31 deduction rights, signed statements from court employees in 115.32 counties within the district that are not currently represented 115.33 by any employee organization plainly indicating that the 115.34 signatories wish to be represented for collective bargaining 115.35 purposes by the petitioner rather than by any other 115.36 organization, or a combination of those, the commissioner shall 116.1 conduct a secret ballot election to determine the wishes of the 116.2 majority. The election must be conducted within 45 days of 116.3 receipt or final decision on any petitions filed pursuant to 116.4 subdivision 2, whichever is later. The election is governed by 116.5 section 179A.12, where not inconsistent with other provisions of 116.6 this section. 116.7 Subd. 4. [DECERTIFICATION.] The commissioner may not 116.8 consider a petition for decertification of an exclusive 116.9 representative certified under this section for one year after 116.10 certification. After that time a petition must be considered 116.11 under the provisions of section 179A.12. 116.12 Subd. 5. [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 116.13 terms and conditions of collective bargaining agreements 116.14 covering judicial district employees in districts that come 116.15 under section 480.181, subdivision 1, paragraph (b), remain in 116.16 effect until a successor agreement becomes effective. 116.17 Subd. 6. [CONTRACT AND REPRESENTATION 116.18 RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 116.19 9, the exclusive representatives of units of court employees 116.20 certified prior to the effective date of the judicial district 116.21 coming under section 480.181, subdivision 1, paragraph (b), 116.22 remain responsible for administration of their contracts and for 116.23 other contractual duties and have the right to dues and fair 116.24 share fee deduction and other contractual privileges and rights 116.25 until a contract is agreed upon with the state court 116.26 administrator for a new unit established under section 9 or 116.27 until June 30, 2001, whichever is earlier. Exclusive 116.28 representatives of court employees certified after the effective 116.29 date of this section in the judicial district are immediately 116.30 upon certification responsible for bargaining on behalf of 116.31 employees within the unit. They are also responsible for 116.32 administering grievances arising under previous contracts 116.33 covering employees included within the unit which remain 116.34 unresolved on June 30, 2001, or upon agreement with the state 116.35 court administrator on a contract for a new unit established 116.36 under section 9, whichever is earlier. Where the employer does 117.1 not object, these responsibilities may be varied by agreement 117.2 between the outgoing and incoming exclusive representatives. 117.3 All other rights and duties of representation begin on July 1, 117.4 2001, except that exclusive representatives certified after the 117.5 effective date of this section shall immediately, upon 117.6 certification, have the right to all employer information and 117.7 all forms of access to employees within the bargaining unit 117.8 which would be permitted to the current contract holder, 117.9 including the rights in section 179A.07, subdivision 6. This 117.10 section does not affect an existing collective bargaining 117.11 contract. Incoming exclusive representatives of court employees 117.12 from judicial districts that come under section 480.181, 117.13 subdivision 1, paragraph (b), are immediately, upon 117.14 certification, responsible for bargaining on behalf of all 117.15 previously unrepresented employees assigned to their units. All 117.16 other rights and duties of exclusive representatives begin on 117.17 July 1, 2001. 117.18 (b) Nothing in sections 3 to 15 prevents an exclusive 117.19 representative certified after the effective date of section 3 117.20 to 15 from assessing fair share or dues deductions immediately 117.21 upon certification for employees in a unit established under 117.22 section 9 if the employees were unrepresented for collective 117.23 bargaining purposes before that certification. 117.24 Sec. 11. [179A.103] [GENERAL PROVISIONS FOR COURT 117.25 EMPLOYEES.] 117.26 Subdivision 1. [CONTRACTS.] Contracts for the period 117.27 commencing July 1, 2000, for the judicial district court 117.28 employees of judicial districts that are under section 480.181, 117.29 subdivision 1, paragraph (b), must be negotiated with the state 117.30 court administrator. Negotiations for those contracts may begin 117.31 any time after July 1, 1999, and may be initiated by either 117.32 party notifying the other of the desire to begin the negotiating 117.33 process. Negotiations are subject to this chapter. 117.34 Subd. 2. [DATE OF EMPLOYMENT.] The date of first 117.35 employment by the state court system is the date on which 117.36 services were first performed by the employee for the employer 118.1 from which the employee is being transferred. 118.2 Subd. 3. [PROBATIONARY PERIODS.] Except as otherwise 118.3 provided in a successor contract, probationary periods are not 118.4 affected by the transfer of employees to the state court system. 118.5 Subd. 4. [WAGE PROTECTION.] Court employees in judicial 118.6 districts coming under section 480.181, subdivision 1, paragraph 118.7 (b), may not have a decrease in wages as a result of their 118.8 transfer to state employment. Wage scales negotiated in a 118.9 judicial district contract are not to be applied to a court 118.10 employee of a judicial district who was a court employee of a 118.11 county within the judicial district at the time the judicial 118.12 district came under section 480.181, subdivision 1, paragraph 118.13 (b), until the wage for the employee under the scale is equal to 118.14 or greater than the wage the employee was receiving on the date 118.15 the judicial district came under section 480.181, subdivision 1, 118.16 paragraph (b). 118.17 Sec. 12. [179A.104] [BOARD OF PUBLIC DEFENSE.] 118.18 Subdivision 1. [BOARD OF PUBLIC DEFENSE EMPLOYEE 118.19 UNITS.] The state board of public defense shall meet and 118.20 negotiate with the exclusive representative of each of the 118.21 statewide units specified in this section. The units provided 118.22 in this section are the only appropriate statewide units for 118.23 state employees of the board. Employees of the state board of 118.24 public defense, unless otherwise excluded, are included within 118.25 the units which include the classifications to which they are 118.26 assigned for purposes of compensation. The following are the 118.27 appropriate statewide units of state employees of the board: 118.28 (1) assistant district and assistant state public defender 118.29 unit; and 118.30 (2) clerical and support staff unit. 118.31 Each unit consists of the classifications or positions assigned 118.32 to it in the schedule of job classifications and positions 118.33 maintained by the state board of public defense. 118.34 Subd. 2. [EXCLUSIONS.] The following employees are 118.35 excluded from the appropriate statewide units under subdivision 118.36 1: 119.1 (1) the positions of state public defender, deputy state 119.2 public defender, and chief district public defender; 119.3 (2) the positions of managing attorney and managing legal 119.4 secretary in judicial district public defender offices and in 119.5 the state public defender's office; 119.6 (3) positions of all employees in the administrative 119.7 services office of the state board of public defense; 119.8 (4) positions of all part-time and temporary employees as 119.9 defined under section 179A.03, subdivision 14, clauses (e) and 119.10 (f). 119.11 Sec. 13. Minnesota Statutes 1998, section 179A.12, 119.12 subdivision 4, is amended to read: 119.13 Subd. 4. [STATE UNIT ELECTIONS.] The commissioner shall 119.14 not consider a petition for a decertification election during 119.15 the term of a contract covering employees of the executive 119.16 branchor judicial branches of the state of Minnesota except for 119.17 a period forfrom not more than 270 to not less than 210 days 119.18 before its date of termination. 119.19 Sec. 14. Minnesota Statutes 1998, section 179A.22, 119.20 subdivision 2, is amended to read: 119.21 Subd. 2. [EMPLOYER.] The employer of state executive 119.22 branch employees shall be, for purposes of sections 179A.01 to 119.23 179A.25, the commissioner of employee relations or the 119.24 commissioner's representative. 119.25 Sec. 15. Minnesota Statutes 1998, section 179A.22, 119.26 subdivision 3, is amended to read: 119.27 Subd. 3. [DUTIES.] In all negotiations between the 119.28 executive branch of the state and exclusive representatives, the 119.29 state executive branch shall be represented by the commissioner 119.30 of employee relations or the commissioner's representative. The 119.31 attorney general, and each appointing authority shall cooperate 119.32 with the commissioner of employee relations in conducting 119.33 negotiations and shall make available any personnel and other 119.34 resources necessary to enable the commissioner to conduct 119.35 effective negotiations. 119.36 Sec. 16. [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 120.1 Subdivision 1. [EMPLOYER.] The employer of court employees 120.2 is, for purposes of sections 179A.01 to 179A.25, the state court 120.3 administrator or designated representative. 120.4 Subd. 2. [DUTIES.] In all negotiations between the state 120.5 court system and exclusive representatives of court employees, 120.6 the state court system must be represented by the state court 120.7 administrator or designated representative. All judges and 120.8 managerial, confidential, and supervisory personnel of the 120.9 supreme court, the court of appeals, and the judicial districts 120.10 that are under section 480.181, subdivision 1, paragraph (b), 120.11 shall cooperate with the designated representative of the state 120.12 court administrator in conducting negotiations and shall make 120.13 available any personnel and other resources necessary to enable 120.14 the representative of the state court administrator to conduct 120.15 effective negotiations. 120.16 Subd. 3. [AGREEMENTS.] The state court administrator is 120.17 authorized to enter into agreements with exclusive 120.18 representatives. 120.19 Sec. 17. [179A.226] [BOARD OF PUBLIC DEFENSE EMPLOYEES; 120.20 NEGOTIATIONS.] 120.21 Subdivision 1. [DUTIES.] In all negotiations between the 120.22 state board of public defense and exclusive representatives, the 120.23 board must be represented by the chief administrator of the 120.24 board or the chief administrator's designee. Each appointing 120.25 authority shall cooperate with the chief administrator in 120.26 conducting negotiations and shall make available any personnel 120.27 and other resources necessary to enable the chief administrator 120.28 to conduct effective negotiations. For purposes of this 120.29 subdivision, "appointing authority" means the state public 120.30 defender, the deputy state public defender, or the chief public 120.31 defender of the judicial district, as appropriate. 120.32 Subd. 2. [AGREEMENTS.] The state board of public defense 120.33 is authorized to enter into agreements with exclusive 120.34 representatives. 120.35 Sec. 18. Minnesota Statutes 1998, section 243.50, is 120.36 amended to read: 121.1 243.50 [PAYMENT OF COURT REPORTER.] 121.2 Such transcripts and tapes shall be furnished by the court 121.3 reporter who shall be paid therefor by the countystate courts, 121.4 on certificates duly certified to by the judge presiding at the 121.5 sentence, and filed with the county auditor,the same fee per 121.6 folio provided by statute for transcripts of testimony furnished 121.7 to parties ordering the same in civil proceedings and for tapes 121.8 on a costs basis. 121.9 Sec. 19. Minnesota Statutes 1998, section 253B.23, 121.10 subdivision 1, is amended to read: 121.11 Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding 121.12 under this chapter the court shall allow and order paid to each 121.13 witness subpoenaed the fees and mileage prescribed by law; to 121.14 each examiner a reasonable sum for services and for travel; to 121.15 persons conveying the patient to the place of detention, 121.16 disbursements for the travel, board, and lodging of the patient 121.17 and of themselves and their authorized assistants; and to the 121.18 patient's counsel, when appointed by the court, a reasonable sum 121.19 for travel and for the time spent in court or in preparing for 121.20 the hearing. Upon the court's order, the county auditor shall 121.21 issue a warrant on the county treasurer for payment of the 121.22 amounts allowed, excluding the costs of the examiner, which must 121.23 be paid by the state courts. 121.24 (b) Whenever venue of a proceeding has been transferred 121.25 under this chapter, the costs of the proceedings shall be 121.26 reimbursed to the county where the proceedings were conducted by 121.27 the county of the patient's residence. 121.28 Sec. 20. Minnesota Statutes 1998, section 253B.23, 121.29 subdivision 8, is amended to read: 121.30 Subd. 8. [TRANSCRIPTS.] For purposes of taking an appeal 121.31 or petition for habeas corpus or for a judicial determination of 121.32 mental competency or need for commitment, transcripts of 121.33 commitment proceedings, or portions of them, shall be made 121.34 available to the parties upon written application to the court. 121.35 Upon a showing by a party that the party is unable to pay the 121.36 cost of a transcript, it shall be made available at no expense 122.1 to the party. The state courts shall pay the cost of the 122.2 transcript. 122.3 Sec. 21. Minnesota Statutes 1998, section 257.69, 122.4 subdivision 2, is amended to read: 122.5 Subd. 2. [GUARDIAN; LEGAL FEES.] (a) The court may order 122.6 expert witness and guardian ad litem fees and other costs of the 122.7 trial and pretrial proceedings, including appropriate tests, to 122.8 be paid by the parties in proportions and at times determined by 122.9 the court. The court shall require a party to pay part of the 122.10 fees of court-appointed counsel according to the party's ability 122.11 to pay, but if counsel has been appointed the appropriate agency 122.12 shall pay the party's proportion of all other fees and costs. 122.13 The agency responsible for child support enforcement shall pay 122.14 the fees and costs for blood or genetic tests in a proceeding in 122.15 which it is a party, is the real party in interest, or is acting 122.16 on behalf of the child. However, at the close of a proceeding 122.17 in which paternity has been established under sections 257.51 to 122.18 257.74, the court shall order the adjudicated father to 122.19 reimburse the public agency, if the court finds he has 122.20 sufficient resources to pay the costs of the blood or genetic 122.21 tests. When a party bringing an action is represented by the 122.22 county attorney, no filing fee shall be paid to the court 122.23 administrator. 122.24 (b) In each fiscal year, the state treasurer shall deposit 122.25 guardian ad litem reimbursements in the general fund and credit 122.26 them to a separate account with the trial courts. The balance 122.27 of this account is appropriated to the trial courts and does not 122.28 cancel but is available until expended. Expenditures by the 122.29 state court administrator's office from this account must be 122.30 based on the amount of the guardian ad litem reimbursements 122.31 received by the state from the courts in each judicial district. 122.32 Sec. 22. Minnesota Statutes 1998, section 260.251, 122.33 subdivision 2, is amended to read: 122.34 Subd. 2. [COURT EXPENSES.] The following expenses are a 122.35 charge upon the county in which proceedings are held upon 122.36 certification of the judge of juvenile court or upon such other 123.1 authorization provided by law: 123.2 (a) The fees and mileage of witnesses, and the expenses and 123.3 mileage of officers serving notices and subpoenas ordered by the 123.4 court, as prescribed by law. 123.5 (b) The expenses for travel and board of the juvenile court123.6 judge when holding court in places other than the county seat.123.7 (c)The expense of transporting a child to a place 123.8 designated by a child-placing agency for the care of the child 123.9 if the court transfers legal custody to a child-placing agency. 123.10 (d)(c) The expense of transporting a minor to a place 123.11 designated by the court. 123.12 (e)(d) Reasonable compensation for an attorney appointed 123.13 by the court to serve as counsel or guardian ad litem, except in 123.14 the eighth judicial district where the state courts shall pay 123.15 for counsel to a guardian ad litem until the recommendations of 123.16 the task force created in section 42 are implemented. 123.17 The state courts shall pay for guardian ad litem expenses. 123.18 Sec. 23. Minnesota Statutes 1998, section 260.251, 123.19 subdivision 5, is amended to read: 123.20 Subd. 5. [GUARDIAN AD LITEM FEES.] (a) In proceedings in 123.21 which the court appoints a guardian ad litem pursuant to section 123.22 260.155, subdivision 4, clause (a), the court may inquire into 123.23 the ability of the parents to pay for the guardian ad litem's 123.24 services and, after giving the parents a reasonable opportunity 123.25 to be heard, may order the parents to pay guardian fees. 123.26 (b) In each fiscal year, the state treasurer shall deposit 123.27 guardian ad litem reimbursements in the general fund and credit 123.28 them to a separate account with the trial courts. The balance 123.29 of this account is appropriated to the trial courts and does not 123.30 cancel but is available until expended. Expenditures by the 123.31 state court administrator's office from this account must be 123.32 based on the amount of the guardian ad litem reimbursements 123.33 received by the state from the courts in each judicial district. 123.34 Sec. 24. Minnesota Statutes 1998, section 260.56, is 123.35 amended to read: 123.36 260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 124.1 Any judge of this state who appoints counsel or a guardian 124.2 ad litem pursuant to the provisions of the Interstate Compact on 124.3 Juveniles may allow a reasonable fee to be paid by the countyon 124.4 order of the court. The costs of the counsel must be paid by 124.5 the county and the cost of the guardian ad litem, if any, must 124.6 be paid by the state courts, except that the costs of counsel to 124.7 a guardian ad litem in the eighth judicial district shall be 124.8 paid by the state courts until the recommendations of the task 124.9 force created in section 42 are implemented. 124.10 Sec. 25. Minnesota Statutes 1998, section 466.01, 124.11 subdivision 6, is amended to read: 124.12 Subd. 6. [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 124.13 of sections 466.01 to 466.15, "employee," "officer," or "agent" 124.14 means a present or former employee, officer, or agent of a 124.15 municipality, or other person acting on behalf of the 124.16 municipality in an official capacity, temporarily or 124.17 permanently, with or without compensation, but does not include 124.18 an independent contractor other than a nonprofit firefighting 124.19 corporation that has associated with it a relief association as 124.20 defined in section 424A.001, subdivision 4. "Employee" includes 124.21 court administrators who are not under section 480.181, 124.22 subdivision 1, paragraph (b), and their staff under chapter 485, 124.23 district administration staff in the second and fourth judicial 124.24 districts, guardians ad litem,and other employees within the 124.25 court system whose salaries are paid by the county, other than 124.26 employees who remain on the county payroll under section 124.27 480.181, subdivision 2. 124.28 Sec. 26. Minnesota Statutes 1998, section 480.181, 124.29 subdivision 1, is amended to read: 124.30 Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] (a) 124.31 District court referees, judicial officers, court reporters, law 124.32 clerks, anddistrict administration staff, other than district 124.33 administration staff in the second and fourth judicial 124.34 districts, guardian ad litem program coordinators and staff, and 124.35 other court employees under paragraph (b), are state employees 124.36 and are governed by the judicial branch personnel rules adopted 125.1 by the supreme court. The supreme court, in consultation with 125.2 the conference of chief judges, shall establish the salary range 125.3 of these employees under the judicial branch personnel rules. 125.4 In establishing the salary ranges, the supreme court shall 125.5 consider differences in the cost of living in different areas of 125.6 the state. 125.7 (b) The court administrator and employees of the court 125.8 administrator who are in the fifth, seventh, eighth, or ninth 125.9 judicial district are state employees. 125.10 Sec. 27. [480.182] [STATE ASSUMPTION OF CERTAIN COURT 125.11 COSTS.] 125.12 (a) Notwithstanding any law to the contrary, the state 125.13 courts will pay for the following court-related programs and 125.14 costs: 125.15 (1) court interpreter program costs; 125.16 (2) guardian ad litem program and personnel costs; 125.17 (3) examination costs, not including hospitalization or 125.18 treatment costs, for mental commitments and related proceedings 125.19 under chapter 253B; 125.20 (4) examination costs under rule 20 of the Rules of 125.21 Criminal Procedure; 125.22 (5) in forma pauperis costs; 125.23 (6) costs for transcripts mandated by statute, except in 125.24 appeal cases and postconviction cases handled by the board of 125.25 public defense; and 125.26 (7) jury program costs, not including personnel. 125.27 (b) In counties in a judicial district under section 125.28 480.181, subdivision 1, paragraph (b), the state courts shall 125.29 pay the witness fees and mileage fees specified in sections 125.30 253B.23, subdivision 1; 260.141, subdivision 2; 260.251, 125.31 subdivision 2, clause (a); 357.24; 357.32; 525.012, subdivision 125.32 5; and 627.02. 125.33 Sec. 28. Minnesota Statutes 1998, section 484.64, 125.34 subdivision 3, is amended to read: 125.35 Subd. 3. [CHAMBERS AND SUPPLIES.] The board of county 125.36 commissioners of Ramsey county shall provide suitable chambers 126.1 and courtroom space, clerks, bailiffs, and other personnel to 126.2 assist said judge, together with necessary library, supplies, 126.3 stationery and other expenses necessary thereto. The state 126.4 shall provide referees, court reporters, andlaw clerks, and 126.5 guardian ad litem program coordinators and staff. 126.6 Sec. 29. Minnesota Statutes 1998, section 484.65, 126.7 subdivision 3, is amended to read: 126.8 Subd. 3. [SPACE; PERSONNEL; SUPPLIES.] The board of county 126.9 commissioners of Hennepin county shall provide suitable chambers 126.10 and courtroom space, clerks, bailiffs, and other personnel to 126.11 assist said judge, together with necessary library, supplies, 126.12 stationery and other expenses necessary thereto. The state 126.13 shall provide referees, court reporters, andlaw clerks, and 126.14 guardian ad litem program coordinators and staff. 126.15 Sec. 30. Minnesota Statutes 1998, section 485.018, 126.16 subdivision 2, is amended to read: 126.17 Subd. 2. [SET BY BOARD.] Except in counties in a judicial 126.18 district under section 480.181, subdivision 1, paragraph (b), 126.19 the county board of each of the counties specified in 126.20 subdivision 1 annually shall set by resolution the salary of the 126.21 court administrator of district court which shall be paid to the 126.22 court administrator of district court at such intervals as the 126.23 board shall determine but not less often than once each month. 126.24 At the January meeting the board shall set by resolution the 126.25 minimum salary to be paid the court administrator of district 126.26 court for the term next following. In the event a vacancy 126.27 occurs in the office of the court administrator of district 126.28 court the board may set the annual salary for the remainder of 126.29 the calendar year at an amount less than was set for that year. 126.30 The board in any case specified in this subdivision may not set 126.31 the annual salary at an amount less than the minimums provided 126.32 in subdivision 1 but it may set the salary in excess of such 126.33 minimums. The salary of the court administrator of district 126.34 court shall not be reduced during the term for which the court 126.35 administrator is appointed. 126.36 In the event that duties are assigned to the court 127.1 administrator of district court which are in addition to the 127.2 court administrator's duties as court administrator, additional 127.3 compensation may be provided for the additional duties. The 127.4 county board by resolution shall determine the additional 127.5 compensation which shall be paid and specify the duties for 127.6 which the additional compensation is to be paid. 127.7 Sec. 31. Minnesota Statutes 1998, section 485.018, 127.8 subdivision 6, is amended to read: 127.9 Subd. 6. [BUDGET FOR OFFICE.] Except in counties in a 127.10 judicial district under section 480.181, subdivision 1, 127.11 paragraph (b), the county board by resolution shall provide the 127.12 budget for (1) the salaries of deputies, court administrators 127.13 and other employees in the office of the court administrator of 127.14 district court; (2) other expenses necessary in the performance 127.15 of the duties of said office and (3) the payment of premiums of 127.16 any bonds required of the court administrator of district court 127.17 or any deputy, court administrator or employee in said office 127.18 and the board is authorized to appropriate funds therefor and 127.19 for the salary of the court administrator of district court. 127.20 Sec. 32. Minnesota Statutes 1998, section 485.03, is 127.21 amended to read: 127.22 485.03 [DEPUTIES.] 127.23 (a) The county board shall determine the number of 127.24 permanent full time deputies, clerks and other employees in the 127.25 office of the court administrator of district court and shall 127.26 fix the compensation for each position. The county board shall 127.27 also budget for temporary deputies and other employees and shall 127.28 fix their rates of compensation. This paragraph does not apply 127.29 to a county in a judicial district under section 480.181, 127.30 subdivision 1, paragraph (b). 127.31 (b) The court administrator shall appoint in writing the 127.32 deputies and other employees, for whose acts the court 127.33 administrator shall be responsible, and whom the court 127.34 administrator may remove at pleasure. Before each enters upon 127.35 official duties, the appointment and oath of each shall be filed 127.36 with the county recorder. 128.1 Sec. 33. Minnesota Statutes 1998, section 485.27, is 128.2 amended to read: 128.3 485.27 [DUTIES; ASSIGNMENT.] 128.4 The court administrator, with approval of the county board 128.5 of commissioners, may transfer to the county board of 128.6 commissioners duties of the court administrator relating to 128.7 vital statistics under sections 144.211 to 144.227, to notaries 128.8 public under section 359.061, to hospital liens under sections 128.9 514.69 and 514.70, and to marriage licenses under chapter 517. 128.10 The county board of commissioners shall assign these duties to 128.11 the appropriate county department. In the event of full state 128.12 funding of allthe court administrator's offices in the statea 128.13 judicial district, the functions shall become county 128.14 functions in that judicial district. 128.15 Sec. 34. Minnesota Statutes 1998, section 487.10, 128.16 subdivision 4, is amended to read: 128.17 Subd. 4. Except in a county in a judicial district under 128.18 section 480.181, subdivision 1, paragraph (b), the county board 128.19 shall determine the number of permanent full time deputies, 128.20 clerks and other employees in the office of the clerk of county 128.21 court and shall fix the compensation for each position. The 128.22 county board shall also budget for temporary deputies and other 128.23 employees and shall fix their rates of compensation. The clerk 128.24 shall appoint in writing the deputies and other employees for 128.25 whose acts the clerk shall be responsible, and whom the clerk 128.26 may remove at pleasure. Before entering upon official duties, 128.27 the appointment and oath of each such employee shall be filed 128.28 with the county recorder. 128.29 Sec. 35. Minnesota Statutes 1998, section 518.165, 128.30 subdivision 3, is amended to read: 128.31 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 128.32 either subdivision 1 or 2 may be appointed either as a volunteer 128.33 or on a fee basis. If a guardian ad litem is appointed on a fee 128.34 basis, the court shall enter an order for costs, fees, and 128.35 disbursements in favor of the child's guardian ad litem. The 128.36 order may be made against either or both parties, except that 129.1 any part of the costs, fees, or disbursements which the court 129.2 finds the parties are incapable of paying shall be borne by the 129.3 county in which the proceeding is being heldstate courts. The 129.4 costs of court-appointed counsel to the guardian ad litem shall 129.5 be paid by the county in which the proceeding is being held if a 129.6 party is incapable of paying for them. Until the 129.7 recommendations of the task force created in section 42 are 129.8 implemented, the costs of court-appointed counsel to a guardian 129.9 ad litem in the eighth judicial district shall be paid by the 129.10 state courts if a party is incapable of paying for them. In no 129.11 event may the court order that costs, fees, or disbursements be 129.12 paid by a party receiving public assistance or legal assistance 129.13 or by a party whose annual income falls below the poverty line 129.14 as established under United States Code, title 42, section 129.15 9902(2). 129.16 (b) In each fiscal year, the state treasurer shall deposit 129.17 guardian ad litem reimbursements in the general fund and credit 129.18 them to a separate account with the trial courts. The balance 129.19 of this account is appropriated to the trial courts and does not 129.20 cancel but is available until expended. Expenditures by the 129.21 state court administrator's office from this account must be 129.22 based on the amount of the guardian ad litem reimbursements 129.23 received by the state from the courts in each judicial district. 129.24 Sec. 36. Minnesota Statutes 1998, section 546.13, is 129.25 amended to read: 129.26 546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 129.27 If a juror becomes sick or otherwise unable to perform 129.28 duty, the court may discharge the juror. In that case, unless 129.29 the parties consent to accept the verdict of the remaining 129.30 jurors, another may be sworn in place of the discharged juror 129.31 and the trial begun anew, or the jury may be discharged and 129.32 another then or afterward impaneled. If the court, while a jury 129.33 is kept together, shall order that they be provided with food 129.34 and lodging, the sheriff shall furnish the same at the expense 129.35 of the countystate courts. 129.36 Sec. 37. Minnesota Statutes 1998, section 546.44, 130.1 subdivision 3, is amended to read: 130.2 Subd. 3. The fees and expenses of a qualified interpreter 130.3 shall be determined by the presiding official and paid by the 130.4 court, board, commission, agency or licensing authority before 130.5 whom the proceeding is taking place. The fees and expenses of a 130.6 qualified per diem interpreter for a court must be paid by the 130.7 state courts. 130.8 Sec. 38. Minnesota Statutes 1998, section 563.01, 130.9 subdivision 2, is amended to read: 130.10 Subd. 2. Whenever pursuant to this section the court 130.11 directs expenses to be paid, the expenses shall be paid by the 130.12 proper governing body in the same manner as other claims are130.13 paidstate. 130.14 Sec. 39. Minnesota Statutes 1998, section 563.01, 130.15 subdivision 9, is amended to read: 130.16 Subd. 9. Upon motion, the court may rescind its permission 130.17 to proceed in forma pauperis if it finds the allegations of 130.18 poverty contained in the affidavit are untrue, or if, following 130.19 commencement of the action, the party becomes able to pay the 130.20 fees, costs and security for the costs. In such cases, the 130.21 court may direct the party to pay to the court administrator any 130.22 costs allowing the action to proceed. The court administrator 130.23 shall transmit the costs to the state treasurer for deposit in 130.24 the state treasury and credit them to the general fund. 130.25 Sec. 40. Minnesota Statutes 1998, section 563.01, 130.26 subdivision 10, is amended to read: 130.27 Subd. 10. Judgment may be rendered for costs at the 130.28 conclusion of the action as in other cases. In the event any 130.29 person recovers moneys by either settlement or judgment as a 130.30 result of commencing or defending an action in forma pauperis, 130.31 the costs deferred and the expenses directed by the court to be 130.32 paid under this section shall be included in such moneys and 130.33 shall be paid directly to the court administrator by the 130.34 opposing party. The court administrator shall transmit the 130.35 costs to the state treasurer for deposit in the state treasury 130.36 and credit them to the general fund. 131.1 Sec. 41. Minnesota Statutes 1998, section 611.33, 131.2 subdivision 3, is amended to read: 131.3 Subd. 3. The fees and expenses of a qualified interpreter 131.4 shall be fixed and ordered paid by the presiding official before 131.5 whom the proceeding is taking place out of the general revenue131.6 fund of the county in which the proceeding occurs. The fees and 131.7 expenses must be paid by the state courts. Payment for any 131.8 activities requiring interpreter services on behalf of law 131.9 enforcement, the board of public defense, prosecutors, or 131.10 corrections agents other than court appearances is the 131.11 responsibility of the agency that requested the services. 131.12 Sec. 42. [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 131.13 OF COURT-APPOINTED ATTORNEYS.] 131.14 Subdivision 1. [TASK FORCE; GOALS.] The supreme court is 131.15 requested to establish a task force to study and make 131.16 recommendations regarding a system for funding and administering 131.17 court-appointed attorney functions in civil cases, including 131.18 attorneys and related personnel for civil commitments and 131.19 proceedings under Minnesota Statutes, chapter 253B, child 131.20 protection cases, paternity cases, guardianship or 131.21 conservatorship cases, and other civil proceedings where 131.22 indigent persons are entitled to court-appointed counsel. The 131.23 goal of the task force is to design a system that is independent 131.24 from court and county administration and funding and that 131.25 promotes equal access to justice and equal representation for 131.26 indigent persons across the state. 131.27 Subd. 2. [RECOMMENDATIONS; REPORT.] (a) The task force 131.28 shall consider options that address the goals in subdivision 1, 131.29 including: 131.30 (1) creation of an independent court-appointed attorney 131.31 board to manage civil court-appointed attorney functions; and 131.32 (2) other options identified by the task force. 131.33 (b) The supreme court is requested to report to the 131.34 legislature by January 15, 2001, with the report and 131.35 recommendations of the task force. The supreme court is 131.36 requested to disband the task force January 15, 2001. 132.1 Sec. 43. [TRANSITIONAL PROVISIONS.] 132.2 Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county 132.3 may not increase the number of employees in the county in a 132.4 position that is being transferred to state employment under 132.5 this article without approval of the supreme court, unless the 132.6 increase was authorized before January 1, 1999. A county may 132.7 not increase the salaries of these employees without approval of 132.8 the supreme court, unless the increase is made under a plan 132.9 adopted before January 1, 1999. 132.10 Subd. 2. [TRANSFER OF PROPERTY.] The title to all personal 132.11 property that is used by employees being transferred to state 132.12 employment under this article in the scope of their employment 132.13 is transferred to the state when they become state employees. 132.14 Subd. 3. [RULES.] The supreme court, in consultation with 132.15 the conference of chief judges, may adopt rules to implement 132.16 this article. 132.17 Subd. 4. [BUDGETS.] Notwithstanding any law to the 132.18 contrary, the fiscal year 2000 budgets for the court 132.19 administrators' offices being transferred to state employment 132.20 under this article, including the number of complement positions 132.21 and salaries, must be submitted by the court administrators to 132.22 the supreme court. The budgets must include the current levels 132.23 of funding and positions at the time of submission as well as 132.24 any requests for increases in funding and positions. 132.25 Sec. 44. [PLAN FOR STATE ASSUMPTION OF COURT 132.26 ADMINISTRATION COSTS.] 132.27 The supreme court, in consultation with the conference of 132.28 chief judges, is requested to prepare a plan for state 132.29 assumption of court administration costs in every judicial 132.30 district. The plan should include a timetable that provides for 132.31 statewide assumption of court administration costs by July 1, 132.32 2003. In addition, the plan should include consideration of 132.33 unique geographical concerns that may be addressed by 132.34 collaboration with county boards. The supreme court is 132.35 requested to report to the legislature with the results of the 132.36 plan by December 15, 2000. 133.1 Sec. 45. [REPEALER.] 133.2 Minnesota Statutes 1998, sections 357.021, subdivision 2a; 133.3 and 563.01, subdivision 1, are repealed. 133.4 Sec. 46. [EFFECTIVE DATES.] 133.5 Subdivision 1. [STATE TAKEOVER OF COURT ADMINISTRATION AND 133.6 RELATED COSTS.] The provisions of this article continuing the 133.7 state takeover of court administration costs in the eighth 133.8 judicial district are effective January 1, 2000. The other 133.9 provisions of this article relating to the state takeover of 133.10 court administration costs in the fifth, seventh, and ninth 133.11 judicial districts are effective July 1, 2000. 133.12 Subd. 2. [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 133.13 provisions of this article relating to the state takeover of 133.14 miscellaneous court reporter transcript and jury costs are 133.15 effective July 1, 2000. 133.16 Subd. 3. [MISCELLANEOUS COST.] The provisions of sections 133.17 1, 2, and 18 to 45, relating to the state takeover of court 133.18 interpreter costs, guardian ad litem costs, rule 20 and mental 133.19 commitment examination costs, and in forma pauperis costs are 133.20 effective January 1, 2000, in the eighth judicial district; July 133.21 1, 2000, in the fifth, seventh, and ninth judicial districts; 133.22 and July 1, 2001, in the remaining judicial districts. 133.23 Subd. 4. [EFFECTIVE DATE CONTINGENCY.] Notwithstanding 133.24 subdivisions 1 to 3, sections 1 to 11, 13 to 16, and 18 to 45 do 133.25 not take effect unless an appropriation and off-setting state 133.26 aids and fine transfers specified in the 1999 omnibus tax bill 133.27 take effect in fiscal year 2001. 133.28 Subd. 5. [BOARD OF PUBLIC DEFENSE AND SUPREME COURT PLAN.] 133.29 Sections 12, 17, and 44 are effective the day following final 133.30 enactment.