as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; creating the department 1.3 of crime victims and violence prevention; 1.4 consolidating crime victims and violence prevention 1.5 programs within this department; amending Minnesota 1.6 Statutes 1996, sections 15.01; 15.06, subdivision 1; 1.7 299C.065, subdivisions 2 and 4; and 611A.07; Minnesota 1.8 Statutes 1997 Supplement, sections 15A.0815, 1.9 subdivision 2; and 611A.01; proposing coding for new 1.10 law as Minnesota Statutes, chapter 611B; repealing 1.11 Minnesota Statutes 1996, sections 119A.20; 119A.21; 1.12 119A.22; 119A.23, subdivisions 3, 4, and 5; 119A.25; 1.13 119A.26, subdivision 1; 119A.27; 119A.28; 119A.29; 1.14 119A.31, subdivisions 2 and 3; 119A.32; 119A.33; 1.15 119A.34; 268.29; 299C.065, subdivisions 1a and 3a; 1.16 611A.02; 611A.0311; 611A.04, subdivisions 1, 1a, 1b, 1.17 2, and 3; 611A.045, subdivisions 2 and 3; 611A.046; 1.18 611A.05; 611A.21; 611A.22; 611A.221; 611A.25, 1.19 subdivisions 1 and 2; 611A.31; 611A.32; 611A.33; 1.20 611A.34; 611A.35; 611A.36; 611A.361, subdivisions 1 1.21 and 2; 611A.41; 611A.43; 611A.51; 611A.52, 1.22 subdivisions 1, 2, 3, 4, 5, 7, 9, and 10; 611A.53, 1.23 subdivisions 1, 1a, and 2; 611A.54; 611A.55; 611A.56, 1.24 subdivision 2; 611A.57; 611A.58; 611A.60; 611A.61; 1.25 611A.612; 611A.62; 611A.63; 611A.64; 611A.65; 611A.66; 1.26 611A.67; 611A.70; 611A.71, subdivisions 1, 2, 3, 4, 1.27 and 6; 611A.72; 611A.73; 611A.74, subdivisions 2, 4, 1.28 5, and 6; 611A.76; 611A.77; and 611A.78; Minnesota 1.29 Statutes 1997 Supplement, sections 119A.26, 1.30 subdivision 2; 119A.31, subdivision 1; 119A.37; 1.31 611A.04, subdivision 4; 611A.045, subdivision 1; 1.32 611A.25, subdivision 3; 611A.361, subdivision 3; 1.33 611A.52, subdivisions 6 and 8; 611A.53, subdivision 1.34 1b; 611A.56, subdivision 1; 611A.675; 611A.71, 1.35 subdivisions 5 and 7; and 611A.74, subdivisions 1, 1a, 1.36 and 3. 1.37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.38 Section 1. [LEGISLATIVE INTENT.] 1.39 The legislature recognizes the legitimacy of and the 1.40 continuing need for providing services to crime victims and 1.41 programs for the prevention of crime. The legislature further 2.1 recognizes the importance of the involvement of victims, victim 2.2 advocates, and the community in these programs. It is the 2.3 intent of the legislature to preserve this involvement while 2.4 simultaneously providing for a more streamlined and efficient 2.5 process. 2.6 The legislature's intent in merging crime victims services 2.7 and violence prevention programs into one department is to: 2.8 (1) provide these services in a more efficient manner; 2.9 (2) increase the quantity and quality of the services 2.10 offered; 2.11 (3) provide for a unified and stronger voice to advocate on 2.12 the behalf of those who receive the services; 2.13 (4) provide easier access to crime prevention programs for 2.14 the community; 2.15 (5) provide easier access to victim services for crime 2.16 victims; 2.17 (6) provide better information about services and 2.18 appropriate referrals to them; 2.19 (7) improve training opportunities for service providers 2.20 and other members of the criminal justice community; 2.21 (8) increase collaboration between providers; 2.22 (9) identify and rectify gaps in services; and 2.23 (10) improve the continuum of care offered in response to 2.24 violence in the community. 2.25 Sec. 2. Minnesota Statutes 1996, section 15.01, is amended 2.26 to read: 2.27 15.01 [DEPARTMENTS OF THE STATE.] 2.28 The following agencies are designated as the departments of 2.29 the state government: the department of administration; the 2.30 department of agriculture; the department of commerce; the 2.31 department of corrections; the department of children, families, 2.32 and learning; the department of crime victims and violence 2.33 prevention; the department of economic security; the department 2.34 of trade and economic development; the department of finance; 2.35 the department of health; the department of human rights; the 2.36 department of labor and industry; the department of military 3.1 affairs; the department of natural resources; the department of 3.2 employee relations; the department of public safety; the 3.3 department of public service; the department of human services; 3.4 the department of revenue; the department of transportation; the 3.5 department of veterans affairs; and their successor departments. 3.6 Sec. 3. Minnesota Statutes 1996, section 15.06, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [APPLICABILITY.] This section applies to 3.9 the following departments or agencies: the departments of 3.10 administration, agriculture, commerce, corrections, crime 3.11 victims and violence prevention, economic security, children, 3.12 families, and learning, employee relations, trade and economic 3.13 development, finance, health, human rights, labor and industry, 3.14 natural resources, public safety, public service, human 3.15 services, revenue, transportation, and veterans affairs; the 3.16 housing finance and pollution control agencies; the office of 3.17 commissioner of iron range resources and rehabilitation; the 3.18 bureau of mediation services; and their successor departments 3.19 and agencies. The heads of the foregoing departments or 3.20 agencies are "commissioners." 3.21 Sec. 4. Minnesota Statutes 1997 Supplement, section 3.22 15A.0815, subdivision 2, is amended to read: 3.23 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 3.24 positions in this subdivision may not exceed 85 percent of the 3.25 salary of the governor: 3.26 Commissioner of administration; 3.27 Commissioner of agriculture; 3.28 Commissioner of children, families, and learning; 3.29 Commissioner of commerce; 3.30 Commissioner of corrections; 3.31 Commissioner of crime victims and violence prevention; 3.32 Commissioner of economic security; 3.33 Commissioner of employee relations; 3.34 Commissioner of finance; 3.35 Commissioner of health; 3.36 Executive director, higher education services office; 4.1 Commissioner, housing finance agency; 4.2 Commissioner of human rights; 4.3 Commissioner of human services; 4.4 Executive director, state board of investment; 4.5 Commissioner of labor and industry; 4.6 Commissioner of natural resources; 4.7 Director of office of strategic and long-range planning; 4.8 Commissioner, pollution control agency; 4.9 Commissioner of public safety; 4.10 Commissioner, department of public service; 4.11 Commissioner of revenue; 4.12 Commissioner of trade and economic development; 4.13 Commissioner of transportation; and 4.14 Commissioner of veterans affairs. 4.15 Sec. 5. Minnesota Statutes 1996, section 299C.065, 4.16 subdivision 2, is amended to read: 4.17 Subd. 2. [APPLICATION FOR GRANT.] A county sheriff or the 4.18 chief administrative officer of a municipal police department 4.19 may apply to the commissioner of public safety for a grant for 4.20 any of the purposes described in subdivision 1or 1a, on forms 4.21 andpursuantaccording to procedures developed by the 4.22 superintendent.For grants under subdivision 1,The application 4.23shallmust describe the type of intended criminal investigation, 4.24 an estimate of the amount of money required, and any other 4.25 information the superintendent deems necessary. 4.26 Sec. 6. Minnesota Statutes 1996, section 299C.065, 4.27 subdivision 4, is amended to read: 4.28 Subd. 4. [DATA CLASSIFICATION.] An application to the 4.29 commissioner for money is a confidential record. Information 4.30 within investigative files that identifies or could reasonably 4.31 be used to ascertain the identity ofassisted witnesses,4.32 sources,or undercover investigators is a confidential record. 4.33 A report at the conclusion of an investigation is a public 4.34 record, except that information in a report pertaining to the4.35identity or location of an assisted witness is private data. 4.36 Sec. 7. Minnesota Statutes 1997 Supplement, section 5.1 611A.01, is amended to read: 5.2 611A.01 [DEFINITIONS.] 5.3 For the purposes of sections 611A.01 to 611A.06: 5.4(a) "Crime"(1) "crime" means conduct that is prohibited by 5.5 local ordinance and results in bodily harm to an individual; or 5.6 conduct that is included within the definition of "crime" in 5.7 section 609.02, subdivision 1, or would be included within that 5.8 definition but for the fact that (i) the person engaging in the 5.9 conduct lacked capacity to commit the crime under the laws of 5.10 this state, or (ii) the act was alleged or found to have been 5.11 committed by a juvenile; 5.12(b) "Victim"(2) "victim" means a natural person who incurs 5.13 loss or harm as a result of a crime, including a good faith 5.14 effort to prevent a crime,and for purposes of sections 611A.045.15and 611A.045, also includes (i) a corporation that incurs loss5.16or harm as a result of a crime, (ii) a government entity that5.17incurs loss or harm as a result of a crime, and (iii) any other5.18entity authorized to receive restitution under section 609.10 or5.19609.125. Ifor, if the victim is a natural person and is 5.20 deceased, "victim" means the deceased's surviving spouse or next 5.21 of kin; and 5.22(c) "Juvenile"(3) "juvenile" has the same meaning as given 5.23 to the term "child" in section 260.015, subdivision 2. 5.24 Sec. 8. Minnesota Statutes 1996, section 611A.07, is 5.25 amended to read: 5.26 611A.07 [ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE 5.27 VICTIMS; STANDARDS.] 5.28 Subdivision 1. [GENERALLY.] The commissioner of 5.29 corrections, after considering the recommendations of the 5.30battered womencrime victims services advisory counciland the5.31sexual assault advisory council, and in collaboration with the 5.32 commissioner ofpublic safetycrime victims and violence 5.33 prevention, shall adopt standards governing electronic 5.34 monitoring devices used to protect victims of domestic abuse. 5.35 In developing proposed standards, the commissioner shall 5.36 consider the experience of the courts in the tenth judicial 6.1 district in the use of the devices to protect victims of 6.2 domestic abuse. These standardsshallmust promote the safety 6.3 of the victim andshallmust include measures to avoid the 6.4 disparate use of the device with communities of color, product 6.5 standards, monitoring agency standards, and victim disclosure 6.6 standards. 6.7 CHAPTER 611B 6.8 THE DEPARTMENT OF CRIME VICTIMS AND VIOLENCE PREVENTION 6.9 DEFINITIONS; ORGANIZATION OF DEPARTMENT; GENERAL PROVISIONS 6.10 Sec. 9. [611B.01] [DEFINITIONS.] 6.11 Subdivision 1. [APPLICATION.] The definitions in this 6.12 section apply to this chapter. 6.13 Subd. 2. [ADVISORY COUNCIL.] "Advisory council" means the 6.14 crime victims services advisory council established in section 6.15 611B.03 and includes subcommittees of the council. 6.16 Subd. 3. [COMMISSIONER.] "Commissioner" means the 6.17 commissioner of crime victims and violence prevention. 6.18 Subd. 4. [CRIME.] "Crime" has the meaning given in section 6.19 611A.01. 6.20 Subd. 5. [DEPARTMENT.] "Department" means the department 6.21 of crime victims and violence prevention. 6.22 Subd. 6. [JUVENILE.] "Juvenile" has the same meaning as 6.23 given to the term "child" in section 260.015, subdivision 2. 6.24 Subd. 7. [VICTIM.] "Victim" means a natural person who 6.25 incurs loss or harm as a result of a crime, including a good 6.26 faith effort to prevent a crime, and, for purposes of sections 6.27 611B.07 and 611B.08, also includes: 6.28 (1) a corporation that incurs loss or harm as a result of a 6.29 crime; 6.30 (2) a government entity that incurs loss or harm as a 6.31 result of a crime; and 6.32 (3) any other entity authorized to receive restitution 6.33 under section 609.10 or 609.125. 6.34 If the victim is a natural person and is deceased, "victim" 6.35 means the deceased's surviving spouse or next of kin. 6.36 Sec. 10. [611B.02] [DEPARTMENT OF CRIME VICTIMS AND 7.1 VIOLENCE PREVENTION; ORGANIZATION.] 7.2 The department of crime victims and violence prevention is 7.3 an agency in the executive branch under the administrative 7.4 control of a commissioner appointed by the governor with the 7.5 advice and consent of the senate. The commissioner may appoint 7.6 two deputy commissioners. The commissioner has the general 7.7 powers provided in section 15.06, subdivision 6. 7.8 Sec. 11. [611B.03] [CRIME VICTIMS SERVICES ADVISORY 7.9 COUNCIL.] 7.10 Subdivision 1. [MEMBERSHIP.] The commissioner shall 7.11 appoint a 15-member advisory council consisting of: 7.12 (1) a district court judge or court administrator appointed 7.13 upon recommendation of the chief justice of the supreme court; 7.14 (2) a county attorney appointed upon recommendation of the 7.15 Minnesota County Attorneys Association; 7.16 (3) a peace officer; 7.17 (4) a probation officer; 7.18 (5) an individual involved in restorative justice or 7.19 victim-offender mediation; 7.20 (6) a crime victims services provider who provides services 7.21 for crimes other than sexual assault, domestic violence, 7.22 homicide, or driving while impaired; or a victim of this type of 7.23 crime; 7.24 (7) a crime victims services provider who provides services 7.25 in homicide cases or a family member of a homicide victim; 7.26 (8) a crime victims services provider who provides services 7.27 in driving while impaired cases or a victim of a driving while 7.28 impaired offense; 7.29 (9) two individuals who provide services to victims of 7.30 sexual assault or who are sexual assault victims or a 7.31 combination of the two; 7.32 (10) two individuals who provide services for battered 7.33 women or who are victims of domestic violence or a combination 7.34 of the two; 7.35 (11) an individual who provides services for abused 7.36 children or a person who was abused as a child; and 8.1 (12) two public members. 8.2 The appointments must take into account sex, race, and 8.3 geographic distribution. The commissioner shall designate one 8.4 of the members to serve as the council's chair. 8.5 Subd. 2. [GENERAL PROVISIONS.] Section 15.059, 8.6 subdivisions 2, 3, and 4, apply to the council. However, the 8.7 terms of the members are two years. No member may serve on the 8.8 council for more than two terms. Notwithstanding section 8.9 15.059, subdivision 5, the council does not expire. 8.10 Subd. 3. [DUTIES.] The council shall: 8.11 (1) advise the commissioner on the implementation and 8.12 continued operation of this chapter; 8.13 (2) review on a regular basis the treatment of victims by 8.14 the criminal justice system and the need and availability of 8.15 services to victims; 8.16 (3) advise the commissioner in the coordination and 8.17 allocation of federal funds for crime victims assistance 8.18 programs; 8.19 (4) advocate necessary changes and monitor victim-related 8.20 legislation; 8.21 (5) provide information, training, and technical assistance 8.22 to state and local agencies and groups involved in victim and 8.23 witness assistance; 8.24 (6) serve as a clearinghouse for information concerning 8.25 victim and witness programs; 8.26 (7) develop guidelines for the implementation of victim and 8.27 witness assistance programs and aid in the creation and 8.28 development of programs; 8.29 (8) coordinate the development and implementation of 8.30 policies and guidelines for the treatment of victims and 8.31 witnesses, and the delivery of services to them; 8.32 (9) develop ongoing public awareness efforts and programs 8.33 to assist victims; 8.34 (10) serve as a liaison between the commissioner and 8.35 organizations that provide services to crime victims; 8.36 (11) administer the grant program described in section 9.1 611B.42; and 9.2 (12) perform any other function described in this chapter. 9.3 Subd. 4. [SUBCOMMITTEES.] The commissioner may establish 9.4 subcommittees of the council and select their members, including 9.5 a chair, if desired. A subcommittee may carry out any of the 9.6 responsibilities of the council and has all of the powers of the 9.7 council. However, unless the council decides otherwise, any 9.8 action taken by a subcommittee must be approved by the council. 9.9 Subd. 5. [CONFLICTS OF INTEREST.] A member of the council 9.10 or a subcommittee of the council must be excluded from 9.11 participating in review and recommendations concerning a grant 9.12 application if the member: 9.13 (1) serves or has served at any time during the past three 9.14 years as an employee, volunteer, or governing board member of an 9.15 organization whose application is being reviewed; or 9.16 (2) has a financial interest in the funding of the 9.17 applicant organization. 9.18 Sec. 12. [611B.04] [SCOPE OF VICTIMS' RIGHTS.] 9.19 The rights afforded to crime victims in sections 611B.01 to 9.20 611B.10 are applicable to adult criminal cases, juvenile 9.21 delinquency proceedings, juvenile traffic proceedings involving 9.22 driving under the influence of alcohol or drugs, and proceedings 9.23 involving any other act committed by a juvenile that would be a 9.24 crime as defined in section 609.02, if committed by an adult. 9.25 Sec. 13. [611B.05] [NOTIFICATION OF VICTIMS' RIGHTS.] 9.26 Subdivision 1. [VICTIMS' RIGHTS.] (a) The advisory council 9.27 shall develop two model notices of the rights of crime victims. 9.28 (b) The initial notice of the rights of crime victims must 9.29 be distributed by a peace officer to each victim at the time of 9.30 initial contact with the victim. The notice must inform a 9.31 victim of: 9.32 (1) the victim's right to apply for reparations to cover 9.33 losses, not including property losses, resulting from a violent 9.34 crime and the telephone number to call to request an 9.35 application; 9.36 (2) the victim's right to request that the law enforcement 10.1 agency withhold public access to data revealing the victim's 10.2 identity under section 13.82, subdivision 10, paragraph (d); 10.3 (3) the additional rights of domestic abuse victims as 10.4 described in section 629.341; 10.5 (4) information on the nearest crime victim assistance 10.6 program or resource; and 10.7 (5) the victim's rights, if an offender is charged, to be 10.8 informed of and participate in the prosecution process, 10.9 including the right to request restitution. 10.10 (c) A supplemental notice of the rights of crime victims 10.11 must be distributed by the city or county attorney's office to 10.12 each victim, within a reasonable time after the offender is 10.13 charged or petitioned. This notice must inform a victim of all 10.14 the rights of crime victims under this chapter and chapter 611A. 10.15 Subd. 2. [NOTICE OF RIGHTS OF VICTIMS IN JUVENILE 10.16 COURT.] (a) The advisory council shall develop a notice of the 10.17 rights of victims in juvenile court that explains: 10.18 (1) the rights of victims in the juvenile court; 10.19 (2) when a juvenile matter is public; 10.20 (3) the procedures to be followed in juvenile court 10.21 proceedings; and 10.22 (4) other relevant matters. 10.23 (b) The juvenile court shall distribute a copy of the 10.24 notice to each victim of juvenile crime who attends a juvenile 10.25 court proceeding, along with a notice of services for victims 10.26 available in that judicial district. 10.27 Sec. 14. [611B.06] [DOMESTIC ABUSE PROSECUTION PLANS 10.28 REQUIRED.] 10.29 Subdivision 1. [DEFINITIONS.] For purposes of this section: 10.30 (1) "domestic abuse" has the meaning given in section 10.31 518B.01, subdivision 2; and 10.32 (2) "domestic abuse case" means a prosecution for: 10.33 (i) a crime that involves domestic abuse; 10.34 (ii) a violation of a condition of release following an 10.35 arrest for a crime that involves domestic abuse; or 10.36 (iii) a violation of a domestic abuse order for protection. 11.1 Subd. 2. [CONTENTS OF PLAN.] Each county and city attorney 11.2 shall develop and implement a written plan to expedite and 11.3 improve the efficiency and just disposition of domestic abuse 11.4 cases brought to the prosecuting authority. Domestic abuse 11.5 advocates, law enforcement officials, and other interested 11.6 members of the public must have an opportunity to assist in the 11.7 development or adaptation of the plans in each jurisdiction. 11.8 The commissioner shall make the model and related training and 11.9 technical assistance available to all city and county 11.10 attorneys. All plans must state goals and contain policies and 11.11 procedures to address the following matters: 11.12 (1) early assignment of a trial prosecutor who has the 11.13 responsibility of handling the domestic abuse case through 11.14 disposition, whenever feasible, or, where applicable, probation 11.15 revocation, and early contact between the trial prosecutor and 11.16 the victim; 11.17 (2) procedures to facilitate the earliest possible contact 11.18 between the prosecutor's office and the victim for the purpose 11.19 of acquainting the victim with the criminal justice process, the 11.20 use of subpoenas, the victim's role as a witness in the 11.21 prosecution, and the domestic abuse or victim services that are 11.22 available; 11.23 (3) procedures to coordinate the trial prosecutor's efforts 11.24 with those of the domestic abuse advocate or victim advocate, 11.25 where available, and to facilitate the early provision of 11.26 advocacy services to the victim; 11.27 (4) procedures to encourage the prosecution of all domestic 11.28 abuse cases where a crime can be proven; 11.29 (5) methods that will be used to identify, gather, and 11.30 preserve evidence in addition to the victim's in-court testimony 11.31 that will enhance the ability to prosecute a case when a victim 11.32 is reluctant to assist, including physical evidence of the 11.33 victim's injury, evidence relating to the scene of the crime, 11.34 eyewitness testimony, and statements of the victim made at or 11.35 near the time of the injury; 11.36 (6) procedures for educating local law enforcement agencies 12.1 about the contents of the plan and their role in assisting with 12.2 its implementation; 12.3 (7) the use of subpoenas for victims and witnesses, where 12.4 appropriate; 12.5 (8) procedures for annual review of the plan to evaluate 12.6 whether it is meeting its goals effectively and whether 12.7 improvements are needed; and 12.8 (9) a timetable for implementation. 12.9 Subd. 3. [NOTICE FILED.] Each city and county attorney 12.10 shall file a notice that a prosecution plan has been adopted 12.11 with the commissioner. 12.12 RESTITUTION 12.13 Sec. 15. [611B.07] [ORDER OF RESTITUTION.] 12.14 Subdivision 1. [REQUEST; DECISION.] (a) A victim of a 12.15 crime has the right to receive restitution as part of the 12.16 disposition of a criminal charge or juvenile delinquency 12.17 proceeding against the offender if the offender is convicted or 12.18 found delinquent. The court, or a person or agency designated 12.19 by the court, shall request information from the victim to 12.20 determine the amount of restitution owed. The court or its 12.21 designee shall obtain the information from the victim in 12.22 affidavit form or by other competent evidence. Information 12.23 submitted relating to restitution must describe the items or 12.24 elements of loss, itemize the total dollar amounts of 12.25 restitution claimed, and specify the reasons justifying these 12.26 amounts, if restitution is in the form of money or property. A 12.27 request for restitution may include, but is not limited to, any 12.28 out-of-pocket losses resulting from the crime, including medical 12.29 and therapy costs, replacement of wages and services, expenses 12.30 incurred to return a child who was a victim of a crime under 12.31 section 609.26 to the child's parents or lawful custodian, and 12.32 funeral expenses. An actual or prospective civil action 12.33 involving the alleged crime may not be used by the court as a 12.34 basis to deny a victim's right to obtain court-ordered 12.35 restitution under this section. In order to be considered at 12.36 the sentencing or dispositional hearing, all information 13.1 regarding restitution must be received by the court 13.2 administrator of the appropriate court at least three business 13.3 days before the sentencing or dispositional hearing. The court 13.4 administrator shall provide copies of this request to the 13.5 prosecutor and the offender or the offender's attorney at least 13.6 24 hours before the sentencing or dispositional hearing. The 13.7 issue of restitution is reserved, or the sentencing or 13.8 dispositional hearing or hearing on the restitution request may 13.9 be continued, if the victim's affidavit or other competent 13.10 evidence submitted by the victim is not received in time. At 13.11 the sentencing or dispositional hearing, the court shall give 13.12 the offender an opportunity to respond to specific items of 13.13 restitution and their dollar amounts in accordance with the 13.14 procedures established in section 611B.08, subdivision 4. 13.15 (b) The court may amend or issue an order of restitution 13.16 after the sentencing or dispositional hearing if: 13.17 (1) the offender is on probation, committed to the 13.18 commissioner of corrections, or on supervised release; 13.19 (2) sufficient evidence of a right to restitution has been 13.20 submitted; and 13.21 (3) the true extent of the victim's loss or the loss of the 13.22 subcommittee on crime victims reparations was not known at the 13.23 time of the sentencing or dispositional hearing, or hearing on 13.24 the restitution request. 13.25 If the court holds a hearing on the restitution request, 13.26 the court must notify the offender, the offender's attorney, the 13.27 victim, the prosecutor, and the subcommittee on crime victims 13.28 reparations at least five business days before the hearing. The 13.29 court's restitution decision is governed by this section and 13.30 section 611B.08. 13.31 (c) The court shall grant or deny restitution or partial 13.32 restitution and shall state on the record its reasons for its 13.33 decision on restitution if information relating to restitution 13.34 has been presented. If the court grants partial restitution, it 13.35 shall also specify the full amount of restitution that may be 13.36 docketed as a civil judgment under subdivision 5. The court may 14.1 not require that the victim waive or otherwise forfeit any 14.2 rights or causes of action as a condition of granting 14.3 restitution or partial restitution. In the case of a defendant 14.4 who is on probation, the court may not refuse to enforce an 14.5 order for restitution solely on the grounds that the order has 14.6 been docketed as a civil judgment. 14.7 Subd. 2. [SUBCOMMITTEE'S REQUEST.] The subcommittee on 14.8 crime victims reparations may request restitution on behalf of a 14.9 victim by filing a copy of its orders, if any, that detail any 14.10 amounts paid by it to the victim. The subcommittee may file the 14.11 payment order with the court administrator or with the person or 14.12 agency the court has designated to obtain information relating 14.13 to restitution. The subcommittee shall submit the payment order 14.14 not less than three business days after it is issued by the 14.15 subcommittee. The court administrator shall provide copies of 14.16 the payment order to the prosecutor and the offender or the 14.17 offender's attorney within 48 hours of receiving it from the 14.18 subcommittee or at least 24 hours before the sentencing or 14.19 dispositional hearing, whichever is earlier. By operation of 14.20 law, the issue of restitution is reserved if the payment order 14.21 is not received at least three days before the sentencing or 14.22 dispositional hearing. The filing of a payment order for 14.23 reparations with the court administrator also serves as a 14.24 request for restitution by the victim. The restitution 14.25 requested by the subcommittee may be considered to be both on 14.26 its own behalf and on the victim's behalf. If the subcommittee 14.27 has not paid reparations to the victim or on the victim's 14.28 behalf, restitution may be made directly to the victim. If the 14.29 subcommittee has paid reparations to the victim or on the 14.30 victim's behalf, the court shall order restitution payments to 14.31 be made directly to the subcommittee. 14.32 Subd. 3. [AFFIDAVIT OF DISCLOSURE.] An offender who has 14.33 been ordered by the court to make restitution in an amount of 14.34 $500 or more shall file an affidavit of financial disclosure 14.35 with the correctional agency responsible for investigating the 14.36 financial resources of the offender on request of the agency. 15.1 The commissioner shall prescribe what financial information the 15.2 affidavit must contain. 15.3 Subd. 4. [PROCEDURES.] The offender shall make restitution 15.4 payments to the court administrator of the county in which the 15.5 restitution is to be paid. The court administrator shall 15.6 disburse restitution in incremental payments and may not keep a 15.7 restitution payment for longer than 30 days. However, the court 15.8 administrator is not required to disburse a restitution payment 15.9 that is under $10 unless the payment would fulfill the 15.10 offender's restitution obligation. The court administrator 15.11 shall keep records of the amount of restitution ordered in each 15.12 case, any change made to the restitution order, and the amount 15.13 of restitution actually paid by the offender. The court 15.14 administrator shall forward the data collected to the state 15.15 court administrator, who shall compile the data and make it 15.16 available to the supreme court and the legislature upon request. 15.17 Subd. 5. [EFFECT OF ORDER FOR RESTITUTION.] An order of 15.18 restitution may be enforced by any person named in the order to 15.19 receive the restitution, or by the subcommittee on crime victims 15.20 reparations, in the same manner as a judgment in a civil action. 15.21 Any order for restitution in favor of a victim also operates as 15.22 an order for restitution in favor of the subcommittee if the 15.23 subcommittee has paid reparations to the victim or on the 15.24 victim's behalf. Filing fees for docketing an order of 15.25 restitution as a civil judgment are waived for any victim named 15.26 in the restitution order. An order of restitution must be 15.27 docketed as a civil judgment, in the name of any person named in 15.28 the order and in the name of the subcommittee, by the court 15.29 administrator of the district court in the county in which the 15.30 order of restitution was entered. The court administrator also 15.31 shall notify the commissioner of revenue of the restitution debt 15.32 in the manner provided in chapter 270A, the Revenue Recapture 15.33 Act. A juvenile court is not required to appoint a guardian ad 15.34 litem for a juvenile offender before docketing a restitution 15.35 order. Interest accrues on the unpaid balance of the judgment 15.36 as provided in section 549.09. Whether the order of restitution 16.1 has been docketed or not, it is a debt that is not dischargeable 16.2 in bankruptcy. A decision for or against restitution in any 16.3 criminal or juvenile proceeding is not a bar to any civil action 16.4 by the victim or by the state under section 611B.34 against the 16.5 offender. The offender must be given credit, in any order for 16.6 judgment in favor of a victim in a civil action, for any 16.7 restitution paid to the victim for the same injuries for which 16.8 the judgment is awarded. 16.9 Subd. 6. [PAYMENT OF RESTITUTION.] When the court orders 16.10 both the payment of restitution and the payment of a fine and 16.11 the defendant does not pay the entire amount of court-ordered 16.12 restitution and the fine at the same time, the court may order 16.13 that all restitution be paid before the fine is paid. 16.14 Sec. 16. [611B.08] [PROCEDURE FOR ISSUING ORDER OF 16.15 RESTITUTION.] 16.16 Subdivision 1. [CRITERIA.] (a) The court, in determining 16.17 whether to order restitution and the amount of the restitution, 16.18 shall consider the following factors: 16.19 (1) the amount of economic loss sustained by the victim as 16.20 a result of the offense; and 16.21 (2) the income, resources, and obligations of the defendant. 16.22 (b) If there is more than one victim of a crime, the court 16.23 shall give priority to victims who are not governmental entities 16.24 when ordering restitution. 16.25 Subd. 2. [PRESENTENCE INVESTIGATION.] The presentence 16.26 investigation report made under section 609.115, subdivision 1, 16.27 must contain information pertaining to the factors set forth in 16.28 subdivision 1. 16.29 Subd. 3. [PAYMENT STRUCTURE.] The court shall include in 16.30 every restitution order a provision requiring a payment schedule 16.31 or structure. The court may assign the responsibility for 16.32 developing the schedule or structure to the court administrator, 16.33 a probation officer, or another designated person. The person 16.34 who develops the payment schedule or structure shall consider 16.35 relevant information supplied by the defendant. If the 16.36 defendant is placed on supervised probation, the payment 17.1 schedule or structure must be incorporated into the probation 17.2 agreement and must provide that the obligation to pay 17.3 restitution continues throughout the term of probation. If the 17.4 defendant is not placed on probation, the structure or schedule 17.5 must provide that the obligation to pay restitution begins no 17.6 later than 60 days after the restitution order is issued. 17.7 Subd. 4. [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the 17.8 sentencing, dispositional hearing, or hearing on the restitution 17.9 request, the offender has the burden to produce evidence if the 17.10 offender intends to challenge the amount of restitution or 17.11 specific items of restitution or their dollar amounts. This 17.12 burden of production must include a detailed sworn affidavit of 17.13 the offender setting forth all challenges to the restitution or 17.14 items of restitution and specifying all reasons justifying 17.15 dollar amounts of restitution that differ from the amounts 17.16 requested by the victim or victims. The affidavit must be 17.17 served on the prosecuting attorney and the court at least five 17.18 business days before the hearing. A dispute as to the proper 17.19 amount or type of restitution must be resolved by the court by 17.20 the preponderance of the evidence. The burden of demonstrating 17.21 the amount of loss sustained by a victim as a result of the 17.22 offense and the appropriateness of a particular type of 17.23 restitution is on the prosecution. 17.24 Sec. 17. [611B.09] [VICTIM'S RIGHT TO REQUEST PROBATION 17.25 REVIEW HEARING.] 17.26 A victim has the right to ask the offender's probation 17.27 officer to request a probation review hearing if the offender 17.28 fails to pay restitution as required in a restitution order. 17.29 Sec. 18. [611B.10] [PENALTIES NO BAR TO CIVIL REMEDIES.] 17.30 The provision in any law for a penalty or forfeiture for 17.31 its violation may not be construed to deprive an injured person 17.32 of the right to recover from the offender damages sustained by 17.33 reason of the violation of law. 17.34 PROGRAM TO AID VICTIMS OF SEXUAL ATTACKS 17.35 Sec. 19. [611B.11] [DEVELOPMENT OF STATEWIDE PROGRAM; 17.36 SERVICES.] 18.1 Subdivision 1. [DEFINITION.] As used in this section and 18.2 section 611B.12, a "sexual attack" means any nonconsensual act 18.3 of rape, sodomy, or indecent liberties. 18.4 Subd. 2. [COMMISSIONER'S DUTY.] The commissioner, in 18.5 consultation with the advisory council, shall develop a 18.6 community-based, statewide program to aid victims of sexual 18.7 attacks. 18.8 Subd. 3. [PROGRAM COMPONENTS.] (a) The program may include 18.9 voluntary counseling by trained personnel to begin as soon as 18.10 possible after a sexual attack is reported. The counselor must 18.11 be of the same sex as the victim and, if requested, shall 18.12 accompany the victim to the hospital and to other proceedings 18.13 concerning the alleged attack, including police questioning, 18.14 police investigation, and court proceedings. The counselor 18.15 shall also inform the victim of hospital procedures, police and 18.16 court procedures, the possibility of contracting a sexually 18.17 transmitted disease, the possibility of pregnancy, expected 18.18 emotional reactions, and any other relevant information, and 18.19 shall make appropriate referrals for any assistance desired by 18.20 the victim. 18.21 (b) The program may also include payment of all costs of 18.22 any medical examinations and medical treatment the victim may 18.23 require as a result of the sexual attack if the victim is not 18.24 otherwise reimbursed for these expenses or is ineligible to 18.25 receive compensation under any other law of this state or of the 18.26 United States. 18.27 Sec. 20. [611B.12] [POWERS OF COMMISSIONER.] 18.28 In addition to developing the statewide program, the 18.29 commissioner may: 18.30 (1) assist and encourage county attorneys to assign 18.31 prosecuting attorneys trained in sensitivity and understanding 18.32 of victims of sexual attacks; 18.33 (2) assist the peace officers standards and training board 18.34 and municipal police forces to develop programs to provide peace 18.35 officers training in sensitivity and understanding of victims of 18.36 sexual attacks and encourage the assignment of trained peace 19.1 officers of the same sex as the victim to conduct all necessary 19.2 questioning of the victim; and 19.3 (3) encourage hospital administrators to place a high 19.4 priority on the expeditious treatment of victims of sexual 19.5 attacks, and to retain personnel trained in sensitivity and 19.6 understanding of victims of sexual attacks. 19.7 Sec. 21. [611B.13] [ADDITIONAL POWER.] 19.8 The department's victim service division may accept and 19.9 expend funds received from other state agencies, other units of 19.10 governments, and other agencies that result from the 19.11 distribution of resource materials. 19.12 BATTERED WOMEN 19.13 Sec. 22. [611B.15] [DEFINITIONS.] 19.14 Subdivision 1. [SCOPE.] For the purposes of sections 19.15 611B.15 to 611B.21, the following terms have the meanings given. 19.16 Subd. 2. [BATTERED WOMAN.] "Battered woman" means a woman 19.17 who is being or has been victimized by domestic abuse as defined 19.18 in section 518B.01, subdivision 2. 19.19 Subd. 3. [EMERGENCY SHELTER SERVICES.] "Emergency shelter 19.20 services" include, but are not limited to, secure crisis 19.21 shelters for battered women and housing networks for battered 19.22 women. 19.23 Subd. 4. [SUPPORT SERVICES.] "Support services" include, 19.24 but are not limited to, advocacy services, legal services, 19.25 counseling services, transportation services, child care 19.26 services, and 24-hour information and referral services. 19.27 Sec. 23. [611B.16] [BATTERED WOMEN PROGRAMS.] 19.28 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 19.29 award grants to programs that provide emergency shelter services 19.30 and support services to battered women and their children. The 19.31 commissioner shall also award grants for training, technical 19.32 assistance, and the development and implementation of education 19.33 programs to increase public awareness of the causes of 19.34 battering, means of preventing and ending domestic violence, and 19.35 the problems faced by battered women. Grants must be awarded in 19.36 a manner that ensures equitable distribution to programs serving 20.1 metropolitan and nonmetropolitan populations. Community-based 20.2 domestic abuse advocacy and support services programs must be 20.3 established in every judicial assignment district. 20.4 Subd. 2. [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 20.5 commissioner shall establish at least one program under this 20.6 section to provide emergency shelter services and support 20.7 services to battered American Indian women. The commissioner 20.8 shall grant continuing operating expenses to the program 20.9 established under this subdivision in the same manner as 20.10 operating expenses are granted to programs established under 20.11 subdivision 1. 20.12 Subd. 3. [APPLICATIONS.] Any public or private nonprofit 20.13 agency may apply to the commissioner for a grant to provide 20.14 emergency shelter services, support services, or both, to 20.15 battered women and their children. The application must be 20.16 submitted in a form approved by the commissioner by rule adopted 20.17 under chapter 14, after consultation with the advisory council, 20.18 and must include: 20.19 (1) a proposal for the provision of emergency shelter 20.20 services, support services, or both, for battered women and 20.21 their children; 20.22 (2) a proposed budget; 20.23 (3) evidence of an ability to integrate into the proposed 20.24 program the uniform method of data collection and program 20.25 evaluation established under sections 611B.17 and 611B.18; 20.26 (4) evidence of an ability to represent the interests of 20.27 battered women and their children to local law enforcement 20.28 agencies and courts, county welfare agencies, and local boards 20.29 or departments of health; 20.30 (5) evidence of an ability to do outreach to unserved and 20.31 underserved populations and to provide culturally and 20.32 linguistically appropriate services; and 20.33 (6) any other content the commissioner may require by rule 20.34 adopted under chapter 14, after considering the recommendations 20.35 of the advisory council. 20.36 Programs that have been approved for grants in prior years 21.1 may submit materials that indicate changes in items listed in 21.2 clauses (1) to (6) in order to qualify for renewal funding. 21.3 Nothing in this subdivision may be construed to require programs 21.4 to submit complete applications for each year of renewal funding. 21.5 Subd. 4. [DUTIES OF GRANTEES.] Every public or private 21.6 nonprofit agency that receives a grant to provide emergency 21.7 shelter services and support services to battered women shall 21.8 comply with all rules of the commissioner related to the 21.9 administration of the pilot programs. 21.10 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 21.11 Personal history information and other information collected, 21.12 used, or maintained by a grantee from which the identity of any 21.13 battered woman may be determined is private data on individuals, 21.14 as defined in section 13.02, subdivision 12, and the grantee 21.15 shall maintain the data in accordance with the provisions of 21.16 chapter 13. 21.17 Sec. 24. [611B.17] [DUTIES OF COMMISSIONER.] 21.18 The commissioner shall: 21.19 (1) review applications for and award grants to a program 21.20 pursuant to section 611B.16, subdivision 1, after considering 21.21 the recommendation of the advisory council; 21.22 (2) after considering the recommendation of the advisory 21.23 council, appoint a program director to perform the duties set 21.24 forth in section 611B.20; 21.25 (3) design and implement a uniform method of collecting 21.26 data on battered women to be used to evaluate the programs 21.27 funded under section 611B.16; 21.28 (4) provide technical aid to applicants in the development 21.29 of grant requests and provide technical aid to programs in 21.30 meeting the data collection requirements established by the 21.31 commissioner; and 21.32 (5) adopt, under chapter 14, all rules necessary to 21.33 implement the provisions of sections 611B.15 to 611B.21. 21.34 Sec. 25. [611B.18] [DUTIES OF ADVISORY COUNCIL.] 21.35 The advisory council shall: 21.36 (1) advise the commissioner on all planning, development, 22.1 data collection, rulemaking, funding, and evaluation of programs 22.2 and services for battered women that are funded under section 22.3 611B.16, other than matters of a purely administrative nature; 22.4 (2) advise the commissioner on the adoption of rules under 22.5 chapter 14 governing the award of grants to ensure that funded 22.6 programs are consistent with section 611B.16, subdivision 1; 22.7 (3) recommend to the commissioner the names of five 22.8 applicants for the position of battered women program director; 22.9 (4) advise the commissioner on the rules adopted under 22.10 chapter 14 in accordance with section 611B.17; 22.11 (5) review applications received by the commissioner for 22.12 grants under section 611B.16 and make recommendations on the 22.13 awarding of grants; and 22.14 (6) advise the program director in the performance of 22.15 duties in the administration and coordination of the programs 22.16 funded under section 611B.16. 22.17 Sec. 26. [611B.19] [ADVISORY COUNCIL RECOMMENDATIONS.] 22.18 The commissioner shall consider the advisory council's 22.19 recommendations before awarding grants or adopting policies 22.20 regarding the planning, development, data collection, 22.21 rulemaking, funding, or evaluation of programs and services for 22.22 battered women funded under section 611B.16. Before taking 22.23 action on matters related to programs and services for battered 22.24 women and their children, except day-to-day administrative 22.25 operations, the commissioner shall notify the advisory council 22.26 of the intended action. Notification of grant award decisions 22.27 must be given to the advisory council in time to allow the 22.28 council to request reconsideration. 22.29 Sec. 27. [611B.20] [BATTERED WOMEN PROGRAM DIRECTOR.] 22.30 The commissioner shall appoint a program director. In 22.31 appointing the program director, the commissioner shall give due 22.32 consideration to the list of applicants submitted to the 22.33 commissioner under section 611B.18, subdivision 1. The program 22.34 director shall administer the funds appropriated for sections 22.35 611B.15 to 611B.21, consult with and provide staff to the 22.36 advisory council, and perform other duties related to battered 23.1 women programs as the commissioner may assign. The program 23.2 director serves at the pleasure of the commissioner in the 23.3 unclassified service. 23.4 Sec. 28. [611B.21] [DATA COLLECTION.] 23.5 Subdivision 1. [FORM PRESCRIBED.] The commissioner shall, 23.6 by rule adopted under chapter 14, after considering the 23.7 recommendations of the advisory council, prescribe a uniform 23.8 form and method for the collection of data on battered women. 23.9 The method and form of data collection must be designed to 23.10 document the incidence of assault on battered women. All data 23.11 collected by the commissioner under this section are summary 23.12 data within the meaning of section 13.02, subdivision 19. 23.13 Subd. 2. [MANDATORY DATA COLLECTION.] Every local law 23.14 enforcement agency shall collect data related to battered women 23.15 in the form required by the commissioner. The data must be 23.16 collected and transmitted to the commissioner at times as the 23.17 commissioner shall, by rule, require. 23.18 Subd. 3. [IMMUNITY FROM LIABILITY.] Any person 23.19 participating in good faith and exercising due care in the 23.20 collection and transmission of data under this section is immune 23.21 from any civil or criminal liability that otherwise might result 23.22 by reason of the person's action. 23.23 CRISIS CENTER 23.24 Sec. 29. [611B.23] [CRIME VICTIM CRISIS CENTER.] 23.25 Subdivision 1. [DEFINITION.] For the purposes of this 23.26 section, "center" means a crime victim crisis center providing 23.27 services to victims of crime. 23.28 Subd. 2. [COMMISSIONER'S DUTY.] The commissioner shall 23.29 maintain at least two operational centers. The commissioner may 23.30 contract with a public or private agency for the purposes of 23.31 planning, implementing, and evaluating the centers. 23.32 Subd. 3. [DUTIES OF CENTERS.] The centers shall: 23.33 (1) provide direct crisis intervention to crime victims; 23.34 (2) provide transportation for crime victims to assist them 23.35 in obtaining necessary emergency services; 23.36 (3) investigate the availability of insurance or other 24.1 financial resources available to the crime victims; 24.2 (4) refer crime victims to public or private agencies 24.3 providing existing needed services; 24.4 (5) encourage the development of services that are not 24.5 already being provided by existing agencies; 24.6 (6) coordinate the services that are already being provided 24.7 by various agencies; 24.8 (7) facilitate the general education of crime victims about 24.9 the criminal justice process; 24.10 (8) educate the public as to program availability; 24.11 (9) encourage educational programs that will serve to 24.12 reduce victimization and diminish the extent of trauma where 24.13 victimization occurs; and 24.14 (10) provide other appropriate services. 24.15 CRIME VICTIMS REPARATIONS 24.16 Sec. 30. [611B.26] [DEFINITIONS.] 24.17 Subdivision 1. [TERMS.] For the purposes of sections 24.18 611B.26 to 611B.41, the following terms have the meanings given 24.19 them. 24.20 Subd. 2. [ACCOMPLICE.] "Accomplice" means a person who 24.21 would be held criminally liable for the crime of another under 24.22 section 609.05. 24.23 Subd. 3. [CLAIMANT.] "Claimant" means a person entitled to 24.24 apply for reparations under sections 611B.26 to 611B.41. 24.25 Subd. 4. [COLLATERAL SOURCE.] "Collateral source" means a 24.26 source of benefits or advantages for economic loss otherwise 24.27 reparable under sections 611B.26 to 611B.41 that the victim or 24.28 claimant has received, or that is readily available to the 24.29 victim, from: 24.30 (1) the offender; 24.31 (2) the government of the United States or any of its 24.32 agencies, a state or any of its political subdivisions, or an 24.33 instrumentality of two or more states, unless the law providing 24.34 for the benefits or advantages makes them excess or secondary to 24.35 benefits under sections 611B.26 to 611B.41; 24.36 (3) social security, Medicare, and Medicaid; 25.1 (4) state required temporary nonoccupational disability 25.2 insurance; 25.3 (5) workers' compensation; 25.4 (6) wage continuation programs of any employer; 25.5 (7) proceeds of a contract of insurance payable to the 25.6 victim for economic loss sustained because of the crime; 25.7 (8) a contract providing prepaid hospital and other health 25.8 care services, or benefits for disability; 25.9 (9) any private source as a voluntary donation or gift; or 25.10 (10) proceeds of a lawsuit brought as a result of the crime. 25.11 The term does not include a life insurance contract. 25.12 Subd. 5. [CRIME.] (a) "Crime" means conduct that: 25.13 (1) occurs or is attempted anywhere within the geographical 25.14 boundaries of this state, including Indian reservations and 25.15 other trust lands; 25.16 (2) poses a substantial threat of personal injury or death; 25.17 and 25.18 (3) is included within the definition of "crime" in section 25.19 609.02, subdivision 1, or would be included within that 25.20 definition but for the fact that: (i) the person engaging in 25.21 the conduct lacked capacity to commit the crime under the laws 25.22 of this state; or (ii) the act was alleged or found to have been 25.23 committed by a juvenile. 25.24 (b) A crime occurs whether or not any person is prosecuted 25.25 or convicted, but the conviction of a person whose acts give 25.26 rise to the claim is conclusive evidence that a crime was 25.27 committed unless an application for rehearing, appeal, or 25.28 petition for certiorari is pending or a new trial or rehearing 25.29 has been ordered. 25.30 (c) "Crime" does not include an act involving the operation 25.31 of a motor vehicle, aircraft, or watercraft that results in 25.32 injury or death, except that a crime includes any of the 25.33 following: 25.34 (1) injury or death intentionally inflicted through the use 25.35 of a motor vehicle, aircraft, or watercraft; 25.36 (2) injury or death caused by a driver in violation of 26.1 section 169.09, subdivision 1; 169.121; or 609.21; and 26.2 (3) injury or death caused by a driver of a motor vehicle 26.3 in the immediate act of fleeing the scene of a crime in which 26.4 the driver knowingly and willingly participated. 26.5 (d) Notwithstanding paragraph (a), "crime" includes an act 26.6 of international terrorism as defined in United States Code, 26.7 title 18, section 2331, committed outside the United States 26.8 against a resident of this state. 26.9 Subd. 6. [DEPENDENT.] "Dependent" means a person who was 26.10 dependent upon a deceased victim for support at the time of the 26.11 crime. 26.12 Subd. 7. [ECONOMIC LOSS.] (a) "Economic loss" means actual 26.13 economic detriment incurred as a direct result of injury or 26.14 death. 26.15 (b) In the case of injury, the term is limited to: 26.16 (1) reasonable expenses incurred for necessary medical, 26.17 chiropractic, hospital, rehabilitative, and dental products, 26.18 services, or accommodations, including ambulance services, 26.19 drugs, appliances, and prosthetic devices; 26.20 (2) reasonable expenses associated with recreational 26.21 therapy where a claimant has suffered amputation of a limb; 26.22 (3) reasonable expenses incurred for psychological or 26.23 psychiatric products, services, or accommodations, not to exceed 26.24 an amount to be set by the subcommittee, where the nature of the 26.25 injury or the circumstances of the crime are such that the 26.26 treatment is necessary to the rehabilitation of the victim; 26.27 (4) loss of income that the victim would have earned had 26.28 the victim not been injured; 26.29 (5) reasonable expenses incurred for substitute child care 26.30 or household services to replace those the victim or claimant 26.31 would have performed had the victim or the claimant's child not 26.32 been injured; and 26.33 (6) reasonable expenses actually incurred to return a child 26.34 who was a victim of a crime under section 609.25 or 609.26 to 26.35 the child's parents or lawful custodian, limited to 26.36 transportation costs, meals, and lodging from the time the child 27.1 was located until the child was returned home. 27.2 As used in clause (5), "child care services" means services 27.3 provided by facilities licensed under and in compliance with 27.4 Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 27.5 9545.0670, or exempted from licensing requirements under section 27.6 245A.03. Licensed facilities must be paid at a rate not to 27.7 exceed their standard rate of payment. Facilities exempted from 27.8 licensing requirements must be paid at a rate not to exceed $3 27.9 an hour per child for daytime child care or $4 an hour per child 27.10 for evening child care. 27.11 (b) In the case of death, the term is limited to: 27.12 (1) reasonable expenses actually incurred for funeral, 27.13 burial, or cremation, not to exceed an amount to be determined 27.14 by the subcommittee on the first day of each fiscal year; 27.15 (2) reasonable expenses for medical, chiropractic, 27.16 hospital, rehabilitative, psychological and psychiatric 27.17 services, products, or accommodations which were incurred prior 27.18 to the victim's death and for which the victim's survivors or 27.19 estate are liable; 27.20 (3) loss of support, including contributions of money, 27.21 products, or goods, but excluding services which the victim 27.22 would have supplied to dependents if the victim had lived; and 27.23 (4) reasonable expenses incurred for substitute child care 27.24 and household services to replace those which the victim or 27.25 claimant would have performed for the benefit of dependents if 27.26 the victim or the claimant's child had lived. 27.27 Claims for loss of support for minor children made under 27.28 clause (3) must be paid for three years or until the child 27.29 reaches 18 years old, whichever is the shorter period. After 27.30 three years, if the child is younger than 18 years old a claim 27.31 for loss of support may be resubmitted to the subcommittee, and 27.32 the subcommittee staff shall evaluate the claim giving 27.33 consideration to the child's financial need and to the 27.34 availability of funds to the subcommittee. Claims for loss of 27.35 support for a spouse made under clause (3) must also be reviewed 27.36 at least once every three years. The subcommittee staff shall 28.1 evaluate the claim giving consideration to the spouse's 28.2 financial need and to the availability of funds to the 28.3 subcommittee. 28.4 Claims for substitute child care services made under clause 28.5 (4) are limited to the actual care that the deceased victim 28.6 would have provided to enable surviving family members to pursue 28.7 economic, educational, and other activities other than 28.8 recreational activities. 28.9 Subd. 8. [INJURY.] "Injury" means actual bodily harm 28.10 including pregnancy and emotional trauma. 28.11 Subd. 9. [SUBCOMMITTEE.] "Subcommittee" means the 28.12 subcommittee of the crime victims services advisory council 28.13 described in section 611B.29. 28.14 Subd. 10. [VICTIM.] "Victim" means a person who suffers 28.15 personal injury or death as a direct result of: 28.16 (1) a crime; 28.17 (2) the good faith effort of any person to prevent a crime; 28.18 or 28.19 (3) the good faith effort of any person to apprehend a 28.20 person suspected of engaging in a crime. 28.21 Sec. 31. [611B.27] [ELIGIBILITY FOR REPARATIONS.] 28.22 Subdivision 1. [GENERALLY.] Except as provided in 28.23 subdivisions 2 and 4, the following persons are entitled to 28.24 reparations upon a showing by a preponderance of the evidence 28.25 that the requirements for reparations have been met: 28.26 (1) a victim who has incurred economic loss; 28.27 (2) a dependent who has incurred economic loss; 28.28 (3) the estate of a deceased victim if the estate has 28.29 incurred economic loss; 28.30 (4) any other person who has incurred economic loss by 28.31 purchasing for a victim any of the products, services, and 28.32 accommodations described in section 611B.26, subdivision 7; and 28.33 (5) the guardian, guardian ad litem, conservator, or 28.34 authorized agent of any of these persons. 28.35 Subd. 2. [PROVIDERS; LIMITATIONS.] No hospital, medical 28.36 organization, health care provider, or other entity that is not 29.1 an individual may qualify for reparations under subdivision 1, 29.2 clause (4). If a hospital, medical organization, health care 29.3 provider, or other entity that is not an individual qualifies 29.4 for reparations under subdivision 1, clause (5), because it is a 29.5 guardian, guardian ad litem, conservator, or authorized agent, 29.6 any reparations to which the entity is entitled must be made 29.7 payable solely or jointly to the victim, if alive, or to the 29.8 victim's estate or successors, if the victim is deceased. 29.9 Subd. 3. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 29.10 Minnesota resident who is the victim of a crime committed 29.11 outside the geographical boundaries of this state but who 29.12 otherwise meets the requirements of this section has the same 29.13 rights under this chapter as if the crime had occurred within 29.14 this state upon a showing that the state, territory, or United 29.15 States possession in which the crime occurred does not have a 29.16 crime victim reparations law covering the resident's injury or 29.17 death. 29.18 (b) Notwithstanding paragraph (a), a Minnesota resident who 29.19 is the victim of a crime involving international terrorism who 29.20 otherwise meets the requirements of this section has the same 29.21 rights under this chapter as if the crime had occurred within 29.22 this state regardless of where the crime occurred or whether the 29.23 jurisdiction has a crime victims reparations law. 29.24 Subd. 4. [WHEN REPARATIONS NOT AWARDED.] No reparations 29.25 may be awarded to a claimant otherwise eligible if: 29.26 (1) the crime was not reported to the police within 30 days 29.27 of its occurrence or, if it could not reasonably have been 29.28 reported within that period, within 30 days of the time when a 29.29 report could reasonably have been made, except that a victim of 29.30 criminal sexual conduct in the first, second, third, or fourth 29.31 degree who does not report the crime within 30 days of its 29.32 occurrence is deemed to have been unable to have reported it 29.33 within that period; 29.34 (2) the victim or claimant failed or refused to cooperate 29.35 fully with the police and other law enforcement officials; 29.36 (3) the victim or claimant was the offender or an 30.1 accomplice of the offender or an award to the claimant would 30.2 unjustly benefit the offender or an accomplice; 30.3 (4) the victim or claimant was in the act of committing a 30.4 crime at the time the injury occurred; 30.5 (5) the claim is less than $50; or 30.6 (6) no claim was filed with the subcommittee within two 30.7 years of victim's injury or death, except that: 30.8 (i) if the claimant was unable to file a claim within that 30.9 period, then the claim can be made within two years of the time 30.10 when a claim could have been filed; and 30.11 (ii) if the victim's injury or death was not reasonably 30.12 discoverable within two years of the injury or death, then the 30.13 claim can be made within two years of the time when the injury 30.14 or death is reasonably discoverable. The following 30.15 circumstances do not render a claimant unable to file a claim 30.16 for the purposes of this clause: 30.17 (A) lack of knowledge of the existence of the Minnesota 30.18 crime victims reparations law; 30.19 (B) the failure of a law enforcement agency to provide 30.20 information or assistance to a potential claimant under section 30.21 611B.40; 30.22 (C) the incompetency of the claimant if the claimant's 30.23 affairs were being managed during that period by a guardian, 30.24 guardian ad litem, conservator, authorized agent, or parent; or 30.25 (D) the fact that the claimant is not of the age of 30.26 majority. 30.27 The limitations contained in clauses (1) and (6) do not 30.28 apply to victims of domestic child abuse as defined in section 30.29 260.015, subdivision 24. In those cases, the two-year 30.30 limitation period commences running with the report of the crime 30.31 to the police. 30.32 Sec. 32. [611B.28] [AMOUNT OF REPARATIONS.] 30.33 Reparations must equal economic loss except that: 30.34 (1) reparations must be reduced to the extent that economic 30.35 loss is recouped from a collateral source or collateral sources; 30.36 (2) reparations must be denied or reduced to the extent, if 31.1 any, that the subcommittee deems reasonable because of the 31.2 contributory misconduct of the claimant or of a victim through 31.3 whom the claimant claims; and 31.4 (3) reparations paid to all claimants suffering economic 31.5 loss as the result of the injury or death of any one victim may 31.6 not exceed $50,000. 31.7 Where compensation is readily available to a claimant from 31.8 a collateral source, the claimant must take reasonable steps to 31.9 recoup from the collateral source before claiming reparations. 31.10 No employer may deny an employee an award of benefits based 31.11 on the employee's eligibility or potential eligibility for 31.12 reparations. 31.13 Sec. 33. [611B.29] [SUBCOMMITTEE ON CRIME VICTIMS 31.14 REPARATIONS.] 31.15 Subdivision 1. [ESTABLISHMENT; DUTIES.] The commissioner 31.16 shall appoint five members of the advisory council to serve on a 31.17 subcommittee of the council. The subcommittee shall: 31.18 (1) provide all claimants with an opportunity for hearing 31.19 pursuant to chapter 14; 31.20 (2) adopt rules to implement and administer sections 31.21 611B.26 to 611B.41, including rules governing the method of 31.22 practice and procedure before the subcommittee, prescribing the 31.23 manner in which applications for reparations are to be made and 31.24 providing for discovery proceedings; 31.25 (3) publicize widely the availability of reparations and 31.26 the method of making claims; and 31.27 (4) prepare and transmit annually to the governor and the 31.28 commissioner a report of its activities including the number of 31.29 claims awarded, a brief description of the facts in each case, 31.30 the amount of reparation awarded, and a statistical summary of 31.31 claims and awards made and denied. 31.32 Subd. 2. [POWERS.] In addition to exercising any powers 31.33 specified elsewhere in sections 611B.26 to 611B.41 or other law, 31.34 the subcommittee upon its own motion or the motion of a claimant 31.35 or the attorney general may: 31.36 (1) issue subpoenas for the appearance of witnesses and the 32.1 production of books, records, and other documents; 32.2 (2) administer oaths and affirmations and cause to be taken 32.3 affidavits and depositions within and outside of this state; 32.4 (3) take notice of judicially cognizable facts and general, 32.5 technical, and scientific facts within the subcommittee members' 32.6 specialized knowledge; 32.7 (4) order a mental or physical examination of a victim or 32.8 an autopsy of a deceased victim provided that notice is given to 32.9 the person to be examined if not deceased, or, if deceased, to 32.10 the claimant, and that the claimant and the attorney general 32.11 receive copies of any resulting report; 32.12 (5) suspend or postpone the proceedings on a claim if a 32.13 criminal prosecution arising out of the incident that is the 32.14 basis of the claim has been commenced or is imminent; 32.15 (6) request from prosecuting attorneys and law enforcement 32.16 officers investigations and data to enable the subcommittee to 32.17 perform its duties under sections 611B.26 to 611B.41; 32.18 (7) grant emergency reparations pending the final 32.19 determination of a claim if it is one with respect to which an 32.20 award will probably be made and undue hardship will result to 32.21 the claimant if immediate payment is not made; and 32.22 (8) reconsider any decision granting or denying reparations 32.23 or determining their amount. 32.24 Subd. 3. [SUBCOMMITTEE AUTHORITY.] Notwithstanding section 32.25 611B.03, subdivision 4, actions taken by the subcommittee need 32.26 not be approved by the advisory council. 32.27 Subd. 4. [REPARATIONS DIRECTOR.] The commissioner shall 32.28 appoint a director to administer sections 611B.26 to 611B.41, 32.29 including the funds appropriated for those sections. The 32.30 director may appoint employees necessary to implement these 32.31 sections. The director shall consult with the subcommittee and 32.32 perform any duties related to reparations that the subcommittee 32.33 or commissioner may require. The director serves at the 32.34 pleasure of the commissioner in the unclassified service. 32.35 Sec. 34. [611B.31] [DETERMINATION OF CLAIMS.] 32.36 Subdivision 1. [INVESTIGATION.] The subcommittee staff 33.1 shall examine the papers filed in support of the claim and cause 33.2 an investigation to be conducted into the validity of a claim to 33.3 the extent that an investigation is necessary. 33.4 Subd. 2. [CLAIM DECISION.] The director may decide the 33.5 claim in favor of a claimant in the amount claimed on the basis 33.6 of the papers filed in support of it and the report of the 33.7 investigation of such claim. If unable to decide the claim upon 33.8 the basis of the papers and any report of investigation, the 33.9 director shall discuss the matter with other members of the 33.10 subcommittee present at a subcommittee meeting. After 33.11 discussion, the subcommittee shall vote on whether to grant or 33.12 deny the claim or whether further investigation is necessary. 33.13 The director shall then issue a decision granting or denying the 33.14 claim. 33.15 Subd. 3. [WRITTEN DECISION.] The written decision granting 33.16 or denying a claim must be filed with the subcommittee and a 33.17 copy must be provided to the claimant. 33.18 Subd. 4. [RECONSIDERATION.] Within 30 days after receiving 33.19 the decision of the subcommittee, the claimant may apply for 33.20 reconsideration before the whole subcommittee. Upon request for 33.21 reconsideration, the subcommittee shall reexamine all 33.22 information filed by the claimant, including any new information 33.23 the claimant provides, and all information obtained by 33.24 investigation. The subcommittee may also conduct additional 33.25 examination into the validity of the claim. Upon 33.26 reconsideration, the subcommittee may affirm, modify, or reverse 33.27 the prior ruling. No appeal may be taken to the advisory 33.28 council. A claimant denied reparations upon reconsideration is 33.29 entitled to a contested case hearing within the meaning of 33.30 chapter 14. 33.31 Subd. 5. [DATA.] Claims for reparations and supporting 33.32 documents and reports are investigative data and subject to 33.33 section 13.39 until the claim is paid, denied, withdrawn, or 33.34 abandoned. Following the payment, denial, withdrawal, or 33.35 abandonment of a claim, the claim and supporting documents and 33.36 reports are private data on individuals as defined in section 34.1 13.02, subdivision 12. However, the subcommittee may forward 34.2 any reparations claim forms, supporting documents, and reports 34.3 to local law enforcement authorities for purposes of 34.4 implementing section 611B.41. 34.5 Sec. 35. [611B.32] [ATTORNEY FEES; LIMITATION FOR 34.6 REPRESENTATION BEFORE SUBCOMMITTEE.] 34.7 The subcommittee may limit the fee charged by any attorney 34.8 for representing a claimant before the subcommittee. 34.9 Sec. 36. [611B.33] [REPARATIONS; HOW PAID.] 34.10 Reparations may be awarded in a lump sum or in installments 34.11 at the discretion of the subcommittee. The amount of any 34.12 emergency award must be deducted from the final award, if a lump 34.13 sum, or prorated over a period of time if the final award is 34.14 made in installments. Reparations are exempt from execution or 34.15 attachment except by persons who have supplied services, 34.16 products, or accommodations to the victim as a result of the 34.17 injury or death that is the basis of the claim. The 34.18 subcommittee, at its discretion, may order that all or part of 34.19 the reparations awarded be paid directly to these suppliers. 34.20 Sec. 37. [611B.34] [SUBROGATION.] 34.21 Subdivision 1. [SUBROGATION RIGHTS OF STATE.] The state is 34.22 subrogated, to the extent of reparations awarded, to all the 34.23 claimant's rights to recover benefits or advantages for economic 34.24 loss from a source that is or, if readily available to the 34.25 victim or claimant, would be a collateral source. Nothing in 34.26 this section limits the claimant's right to bring a cause of 34.27 action to recover other damages. 34.28 Subd. 2. [DUTY OF CLAIMANT TO ASSIST.] A claimant who 34.29 receives reparations must agree to assist the state in pursuing 34.30 any subrogation rights arising out of the claim. The 34.31 subcommittee may require a claimant to agree to represent the 34.32 state's subrogation interests if the claimant brings a cause of 34.33 action for damages arising out of the crime or occurrence for 34.34 which the subcommittee has awarded reparations. An attorney who 34.35 represents the state's subrogation interests in accordance with 34.36 the client's agreement with the subcommittee is entitled to 35.1 reasonable attorney fees not to exceed one-third of the amount 35.2 recovered on behalf of the state. 35.3 Sec. 38. [611B.35] [CRIME VICTIMS ACCOUNT.] 35.4 The crime victims account is a special account in the state 35.5 treasury. Amounts collected by the state under section 611B.34 35.6 or paid to the subcommittee under section 611B.07, subdivision 35.7 2, must be credited to this account. Money credited to this 35.8 account is annually appropriated to the department for use for 35.9 crime victim reparations under sections 611B.26 to 611B.41. 35.10 Sec. 39. [611B.36] [MEDICAL PRIVILEGE.] 35.11 There is no privilege as to communication or records 35.12 relevant to an issue of the physical, mental, or emotional 35.13 condition of the claimant or victim in a proceeding under 35.14 sections 611B.26 to 611B.30 in which that condition is an 35.15 issue. Nothing contained in this section may be interpreted to 35.16 abridge the attorney-client privilege. 35.17 Sec. 40. [611B.37] [ENFORCEMENT OF SUBCOMMITTEE ORDERS.] 35.18 If a person refuses to comply with an order of the 35.19 subcommittee or asserts a privilege to withhold or suppress 35.20 evidence relevant to a claim, the subcommittee may make any just 35.21 order including denial of the claim, but may not find the person 35.22 in contempt. If necessary to carry out any of its powers and 35.23 duties, the subcommittee may petition the district court for an 35.24 appropriate order, but the court may not find a person in 35.25 contempt for refusing to submit to a mental or physical 35.26 examination. 35.27 Sec. 41. [611B.38] [DEPARTMENT OF CORRECTIONS; 35.28 RESTITUTION.] 35.29 The department of corrections, as a means of assisting in 35.30 the rehabilitation of persons committed to its care, may 35.31 establish programs and procedures by which these persons may 35.32 contribute toward restitution of persons injured as a 35.33 consequence of criminal acts performed by persons committed to 35.34 the department of corrections. 35.35 Sec. 42. [611B.39] [USE OF RECORD OF CLAIM; EVIDENCE.] 35.36 Neither a record of the proceedings on a claim, a decision 36.1 of the subcommittee, nor the fact that an award has been made or 36.2 denied is admissible as evidence in any criminal or civil action 36.3 against the alleged offender, except an action by the state on 36.4 its subrogation claim. 36.5 Sec. 43. [611B.40] [LAW ENFORCEMENT AGENCIES; DUTY TO 36.6 INFORM VICTIMS OF RIGHT TO FILE CLAIM.] 36.7 All law enforcement agencies investigating crimes shall 36.8 provide victims with notice of their right to apply for 36.9 reparations and with the telephone number to call to request an 36.10 application form. 36.11 Law enforcement agencies shall assist the subcommittee in 36.12 performing its duties under sections 611B.26 to 611B.41. Within 36.13 ten days after receiving a request from the subcommittee, law 36.14 enforcement agencies shall supply the subcommittee with 36.15 requested reports, notwithstanding any provisions to the 36.16 contrary in chapter 13, and including reports otherwise 36.17 maintained as confidential or not open to inspection under 36.18 section 260.161. All data released to the subcommittee retain 36.19 the data classification that the data had in the possession of 36.20 the law enforcement agency. 36.21 Sec. 44. [611B.41] [FRAUDULENT CLAIMS; PENALTY.] 36.22 Any person who knowingly makes a false claim under sections 36.23 611B.26 to 611B.41 is guilty of a gross misdemeanor. 36.24 GRANTS FOR EMERGENCY NEEDS OF CRIME VICTIMS 36.25 Sec. 45. [611B.42] [FUND FOR EMERGENCY NEEDS OF CRIME 36.26 VICTIMS.] 36.27 Subdivision 1. [DEFINITION.] As used in this section, 36.28 "emergency assistance" includes, but is not limited to: 36.29 (1) replacement of necessary property that was lost, 36.30 damaged, or stolen as a result of the crime; 36.31 (2) purchase and installation of necessary home security 36.32 devices; 36.33 (3) transportation to locations related to the victim's 36.34 needs, such as medical facilities and facilities of the criminal 36.35 justice system; 36.36 (4) cleanup of the crime scene; and 37.1 (5) reimbursement for reasonable travel and living expenses 37.2 the victim incurred to attend court proceedings that were held 37.3 at a location other than the place where the crime occurred due 37.4 to a change of venue. 37.5 Subd. 2. [GRANTS AUTHORIZED.] The advisory council shall 37.6 make grants to prosecutors and victim assistance programs for 37.7 the purpose of providing emergency assistance to victims. 37.8 Subd. 3. [APPLICATION FOR GRANTS.] A city or county 37.9 attorney's office or victim assistance program may apply to the 37.10 council for a grant for any of the purposes described in this 37.11 section or for any other emergency assistance purpose approved 37.12 by the council. The application must be on forms and according 37.13 to procedures developed by the council. The application must 37.14 describe the type or types of intended emergency assistance, 37.15 estimate the amount of money required, and include any other 37.16 information deemed necessary by the council. 37.17 Subd. 4. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 37.18 county attorney's office or victim assistance program that 37.19 receives a grant under this section shall file an annual report 37.20 with the council itemizing the expenditures made during the 37.21 preceding year, the purpose of those expenditures, and the 37.22 ultimate disposition, if any, of each assisted victim's criminal 37.23 case. 37.24 VICTIMS' RIGHTS ENFORCEMENT AND COMPLIANCE 37.25 Sec. 46. [611B.46] [DEFINITIONS.] 37.26 Subdivision 1. [DEFINITIONS.] The definitions in this 37.27 section apply to this section and section 611B.47. 37.28 Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority" 37.29 includes anyone who is the subject of a complaint to the 37.30 division of victims' rights enforcement and compliance or anyone 37.31 within the agency who is in a supervisory position with regard 37.32 to one who is the subject of a complaint. 37.33 Subd. 3. [ELEMENTS OF THE CRIMINAL JUSTICE SYSTEM.] 37.34 "Elements of the criminal justice system" refers to prosecuting 37.35 attorneys and members of their staff; the judiciary; peace 37.36 officers; probation and corrections officers; and city, state, 38.1 and county officials involved in the criminal justice system. 38.2 Subd. 4. [VICTIM.] "Victim" refers to anyone or the next 38.3 of kin of anyone who has been or purports to have been subjected 38.4 to a criminal act, whether a felony, a gross misdemeanor, or 38.5 misdemeanor. 38.6 Subd. 5. [VICTIM ASSISTANCE PROGRAM.] "Victim assistance 38.7 program" refers to an entity that provides or claims to provide 38.8 services and assistance to victims on a regular, ongoing basis. 38.9 Sec. 47. [611B.47] [VICTIMS' RIGHTS ENFORCEMENT AND 38.10 COMPLIANCE DIVISION.] 38.11 Subdivision 1. [APPOINTMENT; POWERS.] The department's 38.12 division of victims' rights enforcement and compliance is headed 38.13 by a director who is appointed by the commissioner to serve in 38.14 the unclassified service at the pleasure of the commissioner. 38.15 No person may serve as director while holding any other public 38.16 office. The division may investigate decisions, acts, and other 38.17 matters of the criminal justice system so as to promote the 38.18 highest attainable standards of competence, efficiency, and 38.19 justice for crime victims in the criminal justice system. 38.20 Subd. 2. [ORGANIZATION OF DIVISION.] The director may 38.21 appoint employees necessary to discharge responsibilities of the 38.22 division. The director may delegate to staff members any of the 38.23 director's authority or duties except the duties of formally 38.24 making recommendations to appropriate authorities and reports to 38.25 the governor or to the legislature. 38.26 Subd. 3. [DUTIES.] The director may investigate complaints 38.27 concerning possible violation of the rights of crime victims or 38.28 witnesses provided under this chapter and chapter 611A, the 38.29 delivery of victim services by victim assistance programs, the 38.30 administration of the crime victims reparations act, and other 38.31 complaints of mistreatment by elements of the criminal justice 38.32 system or victim assistance programs. The director shall act as 38.33 a liaison, when the director deems necessary, between agencies, 38.34 either in the criminal justice system or in victim assistance 38.35 programs, and victims and witnesses. The director may be 38.36 concerned with activities that strengthen procedures and 39.1 practices that lessen the risk that objectionable administrative 39.2 acts will occur. The director must be made available through 39.3 the use of a toll-free telephone number and shall answer 39.4 questions concerning the criminal justice system and victim 39.5 services put to the director by victims and witnesses in 39.6 accordance with the director's knowledge of the facts or law, 39.7 unless the information is otherwise restricted. The director 39.8 shall establish a procedure for referral to the crime victim 39.9 crisis centers, the subcommittee on crime victims reparations, 39.10 and other victim assistance programs when services are requested 39.11 by crime victims or when deemed necessary by the director. 39.12 The director's files are confidential data as defined in 39.13 section 13.02, subdivision 3, during the course of an 39.14 investigation or while the files are active. Upon completion of 39.15 the investigation or when the files are placed on inactive 39.16 status, they are private data on individuals as defined in 39.17 section 13.02, subdivision 12. 39.18 Subd. 4. [POWERS.] (a) The director may undertake other 39.19 activities necessary to carry out the duties set out in 39.20 subdivision 3. 39.21 (b) The director, with or without a complaint, may 39.22 investigate any action of an element of the criminal justice 39.23 system or a victim assistance program included in subdivision 3. 39.24 (c) The director may request and must be given access to 39.25 information and assistance the director considers necessary for 39.26 the discharge of responsibilities. The director may inspect, 39.27 examine, and be provided copies of records and documents of all 39.28 elements of the criminal justice system and victim assistance 39.29 programs. The director may request and must be given access to 39.30 police reports pertaining to juveniles and juvenile delinquency 39.31 petitions, notwithstanding section 260.161. Any information 39.32 received by the director retains its data classification under 39.33 chapter 13 while in the director's possession. Juvenile records 39.34 obtained under this subdivision may not be released to any 39.35 person. 39.36 (d) The director may prescribe the methods by which 40.1 complaints are to be made, received, and acted upon; may 40.2 determine the scope and manner of investigations to be made; 40.3 and, subject to the requirements of this section, may determine 40.4 the form, frequency, and distribution of the director's 40.5 conclusions, recommendations, and proposals. 40.6 (e) After completing investigation of a complaint, the 40.7 director shall inform in writing the complainant, the 40.8 investigated person or entity, and other appropriate authorities 40.9 of the action taken. If the complaint involved the conduct of 40.10 an element of the criminal justice system in relation to a 40.11 criminal or civil proceeding, the director's findings must be 40.12 forwarded to the court in which the proceeding occurred. 40.13 (f) Before announcing a conclusion or recommendation that 40.14 expressly or impliedly criticizes an administrative agency or 40.15 any person, the director shall consult with that agency or 40.16 person. 40.17 Subd. 5. [NO COMPELLED TESTIMONY.] Neither the director 40.18 nor any member of the director's staff may be compelled to 40.19 testify or produce evidence in any judicial or administrative 40.20 proceeding with respect to matters involving the exercise of 40.21 official duties except as may be necessary to enforce the 40.22 provisions of this section. 40.23 Subd. 6. [RECOMMENDATIONS.] (a) On finding a complaint 40.24 valid after duly considering the complaint and whatever material 40.25 the director deems pertinent, the director may recommend action 40.26 to the appropriate authority. 40.27 (b) If the director makes a recommendation to an 40.28 appropriate authority for action, the authority, within a 40.29 reasonable time period, but not more than 30 days, shall inform 40.30 the director about the action taken or the reasons for not 40.31 complying with the recommendation. 40.32 (c) The director may publish conclusions and suggestions by 40.33 transmitting them to the governor, the legislature or any of its 40.34 committees, the press, and others who may be concerned. When 40.35 publishing an opinion adverse to an administrative agency, the 40.36 director shall include any statement the administrative agency 41.1 may have made to the director by way of explaining its past 41.2 difficulties or its present rejection of the director's 41.3 proposals. 41.4 Subd. 7. [REPORTS.] In addition to whatever reports the 41.5 director may make from time to time, the director shall 41.6 biennially report to the legislature and to the governor 41.7 concerning the exercise of the division's functions during the 41.8 preceding biennium. The biennial report is due by the beginning 41.9 of the legislative session following the end of the biennium. 41.10 CRIME VICTIMS SERVICES TELEPHONE LINE 41.11 Sec. 48. [611B.48] [CRIME VICTIMS SERVICES TELEPHONE 41.12 LINE.] 41.13 The commissioner shall operate at least one statewide 41.14 toll-free 24-hour telephone line for the purpose of providing 41.15 crime victims with referrals for victim services and resources. 41.16 MEDIATION PROGRAMS 41.17 Sec. 49. [611B.49] [MEDIATION PROGRAMS FOR CRIME VICTIMS 41.18 AND OFFENDERS.] 41.19 Subdivision 1. [DEFINITIONS.] For purposes of this section: 41.20 (1) "offender" means an adult charged with a nonviolent 41.21 crime or a juvenile who has been referred to a mediation program 41.22 before or after a petition for delinquency has been filed in 41.23 connection with a nonviolent offense; and 41.24 (2) "nonviolent crime" and "nonviolent offense" exclude any 41.25 offense in which the victim is a family or household member, as 41.26 defined in section 518B.01, subdivision 2. 41.27 Subd. 2. [GRANTS.] The commissioner shall award grants to 41.28 nonprofit organizations to create or expand mediation programs 41.29 for crime victims and offenders. The grants must further the 41.30 following goals: 41.31 (1) to expand existing mediation programs for crime victims 41.32 and juvenile offenders to also include adult offenders; 41.33 (2) to initiate victim-offender mediation programs in areas 41.34 that have no victim-offender mediation programs; 41.35 (3) to expand the opportunities for crime victims to be 41.36 involved in the criminal justice process; 42.1 (4) to evaluate the effectiveness of victim-offender 42.2 mediation programs in reducing recidivism and encouraging the 42.3 payment of court-ordered restitution; and 42.4 (5) to evaluate the satisfaction of victims who participate 42.5 in the mediation programs. 42.6 Subd. 3. [MEDIATOR QUALIFICATIONS.] The commissioner shall 42.7 establish criteria to ensure that mediators participating in the 42.8 program are qualified. 42.9 Subd. 4. [MATCH REQUIRED.] A nonprofit organization may 42.10 not receive a grant under this section unless the group has 42.11 raised a matching amount from other sources. 42.12 ANNUAL REPORT 42.13 Sec. 50. [611B.51] [REPORT TO THE LEGISLATURE.] 42.14 The commissioner shall report to the legislature biennially 42.15 on the activities of the programs under this chapter. 42.16 JUVENILE JUSTICE ADVISORY COMMITTEE 42.17 Sec. 51. [611B.52] [JUVENILE JUSTICE PROGRAM.] 42.18 The governor shall designate the department as the sole 42.19 agency responsible for supervising the preparation and 42.20 administration of the state plan for juvenile justice required 42.21 by the Juvenile Justice and Delinquency Prevention Act of 1974, 42.22 as amended. 42.23 The governor shall designate the juvenile justice advisory 42.24 committee as the supervisory board for the department with 42.25 respect to preparation and administration of the state plan and 42.26 award of grants. 42.27 The governor shall appoint members to the juvenile justice 42.28 advisory committee in accordance with the membership 42.29 requirements of the Juvenile Justice and Delinquency Prevention 42.30 Act of 1974, as amended. 42.31 ABUSED CHILDREN 42.32 Sec. 52. [611B.53] [ABUSED CHILD PROGRAM.] 42.33 Subdivision 1. [DEFINITIONS.] For the purposes of sections 42.34 611B.53 to 611B.555, the following terms have the meanings given. 42.35 Subd. 2. [ABUSED CHILD.] "Abused child" means a child, 42.36 under the age of 18 years, who has suffered physical, emotional, 43.1 or mental injury; harmful neglect; sexual abuse or exploitation; 43.2 or negligent treatment. 43.3 Subd. 3. [ABUSED CHILDREN SERVICES.] "Abused children 43.4 services" means any service or program designed to provide 43.5 advocacy, education, prevention, or direct service to or on 43.6 behalf of abused children, children at risk, and their families. 43.7 Sec. 53. [611B.54] [GRANTS TO SERVICE PROVIDER PROGRAMS.] 43.8 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 43.9 award grants to programs that provide abused children services. 43.10 Grants must be awarded in a manner that ensures equitable 43.11 distribution to programs serving metropolitan and 43.12 nonmetropolitan populations. 43.13 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 43.14 agency may apply to the commissioner for a grant to provide 43.15 abused children services. The application must be submitted in 43.16 a form approved by the commissioner after consultation with the 43.17 advisory council and must include: 43.18 (1) a proposal for the provision of abused children 43.19 services to, or on behalf of, abused children, children at risk, 43.20 and their families; 43.21 (2) a proposed budget; 43.22 (3) evidence of ability to represent the interests of 43.23 abused children and their families to local law enforcement 43.24 agencies and courts, social services, and health agencies; 43.25 (4) evidence of ability to do outreach to unserved and 43.26 underserved populations and to provide culturally and 43.27 linguistically appropriate services; and 43.28 (5) any other information the commissioner may require by 43.29 policy or by rule adopted under chapter 14 after considering the 43.30 recommendations of the advisory council. 43.31 Programs that have been approved for grants in prior years 43.32 may submit materials that indicate changes in items listed in 43.33 clauses (1) to (5) in order to qualify for renewal funding. 43.34 Nothing in this subdivision may be construed to require programs 43.35 to submit complete applications for each year of funding. 43.36 Subd. 3. [DUTIES.] Every public or private nonprofit 44.1 agency that receives a grant under this section to provide 44.2 abused children services shall comply with all requirements of 44.3 the commissioner related to the administration of the grants. 44.4 Subd. 4. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 44.5 Personal history information and other information collected, 44.6 used, or maintained by a grantee from which the identity of any 44.7 abused child or family members may be determined is private data 44.8 on individuals as defined in section 13.02, subdivision 12, and 44.9 the grantee shall maintain the data in accordance with 44.10 provisions of chapter 13. 44.11 Sec. 54. [611B.55] [DUTIES OF COMMISSIONER.] 44.12 The commissioner shall: 44.13 (1) review applications and award grants to programs 44.14 pursuant to section 611B.54 after considering the recommendation 44.15 of the advisory council; 44.16 (2) design a uniform method of collecting data on abused 44.17 children programs to be used to monitor and assure compliance of 44.18 the programs funded under section 611B.54; 44.19 (3) provide technical aid to applicants in the development 44.20 of grant requests and to programs in meeting the data collection 44.21 requirements established by the commissioner; 44.22 (4) after considering the recommendation of the advisory 44.23 council, appoint a program director to perform the duties set 44.24 forth in this clause. In appointing the program director, the 44.25 commissioner shall give due consideration to the list of 44.26 applicants submitted to the commissioner under section 44.27 611B.555. The program director shall administer the funds 44.28 appropriated for sections 611B.53 to 611B.555, consult with and 44.29 provide staff to the advisory council, and perform other duties 44.30 related to abused children programs as the commissioner may 44.31 assign; and 44.32 (5) adopt, under chapter 14, all rules necessary to 44.33 implement the provisions of sections 611B.53 to 611B.555. 44.34 Sec. 55. [611B.555] [ROLE OF ADVISORY COUNCIL.] 44.35 Subdivision 1. [DUTIES.] The advisory council shall: 44.36 (1) advise the commissioner on all planning, development, 45.1 data collection, rulemaking, funding, and evaluation of abused 45.2 children programs; 45.3 (2) advise the commissioner on the adoption of rules under 45.4 chapter 14 governing the award of grants to ensure that funded 45.5 programs are consistent with section 611B.54; 45.6 (3) recommend to the commissioner the names of five 45.7 applicants for the position of abused children program director; 45.8 (4) advise the commissioner on the rules adopted under 45.9 chapter 14; 45.10 (5) review applications received by the commissioner for 45.11 grants under section 611B.54 and make recommendations on the 45.12 awarding of grants; and 45.13 (6) advise the program director in the performance of 45.14 duties in the administration and coordination of the programs 45.15 funded under section 611B.54. 45.16 Subd. 2. [ADVISORY COUNCIL RECOMMENDATIONS.] The 45.17 commissioner shall consider the advisory council's 45.18 recommendations before awarding grants or adopting policies 45.19 regarding the planning, development, data collection, 45.20 rulemaking, funding, or evaluation of programs and services for 45.21 abused children under section 611B.54. Before taking action on 45.22 matters related to programs and abused children services, except 45.23 day-to-day administrative operations, the commissioner shall 45.24 notify the advisory council of the intended action. 45.25 Notification of grant award decisions shall be given to the 45.26 advisory council in time to allow the council to request 45.27 reconsideration. 45.28 DRUG POLICY AND VIOLENCE PREVENTION 45.29 Sec. 56. [611B.56] [DEFINITIONS.] 45.30 Subdivision 1. [APPLICABILITY.] For purposes of sections 45.31 611B.56 to 611B.64, the following terms have the meanings given 45.32 them. 45.33 Subd. 2. [CHEMICAL ABUSE.] "Chemical abuse" means the use 45.34 of a controlled substance or the abuse of alcoholic beverages. 45.35 Subd. 3. [CONTROLLED SUBSTANCE.] "Controlled substance" 45.36 has the meaning given in section 152.01, subdivision 4. 46.1 Subd. 4. [DIRECTOR.] "Director" means the head of the 46.2 division of drug policy and violence prevention described in 46.3 section 611B.57. 46.4 Subd. 5. [PREVENTION ACTIVITY.] "Prevention activity" 46.5 means an activity carried on by a government agency that is 46.6 designed to reduce chemical abuse and dependency, including 46.7 education, prevention, treatment, and rehabilitation programs. 46.8 Subd. 6. [SUPPLY REDUCTION ACTIVITY.] "Supply reduction 46.9 activity" means an activity carried on by a government agency 46.10 that is designed to reduce the supply or use of controlled 46.11 substances, including law enforcement, eradication, and 46.12 prosecutorial activities. 46.13 Sec. 57. [611B.57] [DIVISION OF DRUG POLICY AND VIOLENCE 46.14 PREVENTION.] 46.15 Subdivision 1. [GENERALLY.] The department's division of 46.16 drug policy and violence prevention is headed by a director 46.17 appointed by the commissioner to serve in the unclassified 46.18 service. The director may appoint other employees. The 46.19 director shall coordinate the violence prevention activities and 46.20 the prevention and supply reduction activities of state and 46.21 local agencies. 46.22 Subd. 2. [DUTIES.] (a) The director shall: 46.23 (1) gather, develop, and make available throughout the 46.24 state information and educational materials on preventing and 46.25 reducing violence in the family and in the community, both 46.26 directly and by serving as a clearinghouse for information and 46.27 educational materials from schools, state and local agencies, 46.28 community service providers, and local organizations; 46.29 (2) foster collaboration among schools, state and local 46.30 agencies, community service providers, and local organizations 46.31 that assist in violence intervention or prevention; 46.32 (3) assist schools, state and local agencies, service 46.33 providers, and organizations, on request, with training and 46.34 other programs designed to educate individuals about violence 46.35 and reinforce values that contribute to ending violence; 46.36 (4) after consulting with all state agencies involved in 47.1 preventing or reducing violence within the family or community, 47.2 develop a statewide strategy for preventing and reducing 47.3 violence that encompasses the efforts of those agencies and 47.4 takes into account all money available for preventing or 47.5 reducing violence from any source; 47.6 (5) submit the strategy to the governor by January 15 of 47.7 each calendar year, along with a summary of activities occurring 47.8 during the previous year to prevent or reduce violence 47.9 experienced by children, young people, and their families; and 47.10 (6) assist appropriate professional and occupational 47.11 organizations, including organizations of law enforcement 47.12 officers, prosecutors, and educators, in developing and 47.13 operating informational and training programs to improve the 47.14 effectiveness of activities to prevent or reduce violence within 47.15 the family or community. 47.16 (b) The director shall gather and make available 47.17 information on prevention and supply reduction activities 47.18 throughout the state, foster cooperation among involved state 47.19 and local agencies, and assist agencies and public officials in 47.20 training and other programs designed to improve the 47.21 effectiveness of prevention and supply reduction activities. 47.22 (c) The director shall coordinate the distribution of funds 47.23 received by the state through the federal Anti-Drug Abuse Act. 47.24 The director shall recommend to the commissioner recipients of 47.25 grants under sections 299A.33 and 611B.61. 47.26 (d) The director shall: 47.27 (1) after consultation with all state agencies involved in 47.28 prevention or supply reduction activities, develop a state 47.29 chemical abuse and dependency strategy encompassing the efforts 47.30 of those agencies and taking into account all money available 47.31 for prevention and supply reduction activities from any source; 47.32 (2) submit the strategy to the governor by January 15 of 47.33 each year, along with a summary of prevention and supply 47.34 reduction activities during the preceding calendar year; 47.35 (3) assist appropriate professional and occupational 47.36 organizations, including organizations of law enforcement 48.1 officers, prosecutors, and educators, in developing and 48.2 operating informational and training programs to improve the 48.3 effectiveness of prevention and supply reduction activities; 48.4 (4) provide information, including information on drug 48.5 trends, and assistance to state and local agencies, both 48.6 directly and by functioning as a clearinghouse for information 48.7 from other agencies; 48.8 (5) facilitate cooperation among drug program agencies; and 48.9 (6) review, approve, and coordinate the administration of 48.10 prevention, criminal justice, and treatment grants. 48.11 (e) The director shall: 48.12 (1) assist state agencies in the coordination of drug 48.13 policies and programs and in the provision of services to other 48.14 units of government, communities, and citizens; 48.15 (2) promote among state agencies policies to achieve 48.16 uniformity in state and federal grant programs and to streamline 48.17 those programs; 48.18 (3) oversee comprehensive data collection and research and 48.19 evaluation of alcohol and drug program activities; 48.20 (4) seek the advice and counsel of appropriate interest 48.21 groups and advise the assistant commissioner of the office of 48.22 drug policy and violence prevention; 48.23 (5) seek additional private funding for community-based 48.24 programs and research and evaluation; 48.25 (6) evaluate whether law enforcement narcotics task forces 48.26 should be reduced in number and increased in geographic size, 48.27 and whether new sources of funding are available for the task 48.28 forces; 48.29 (7) continue to promote clarity of roles among federal, 48.30 state, and local law enforcement activities; and 48.31 (8) establish criteria to evaluate law enforcement drug 48.32 programs. 48.33 Subd. 3. [GRANT PROGRAMS.] The director shall review and 48.34 approve state agency plans regarding the use of federal funds 48.35 for programs to reduce chemical abuse or reduce the supply of 48.36 controlled substances. The appropriate state agencies would 49.1 have responsibility for management of state and federal drug 49.2 grant programs. 49.3 Sec. 58. [611B.60] [YOUTH NEIGHBORHOOD CENTERS; PILOT 49.4 PROJECTS ESTABLISHED.] 49.5 Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The 49.6 commissioner may establish pilot projects at neighborhood 49.7 centers serving youths between the ages of 11 to 21. The 49.8 centers may offer recreational activities, social services, 49.9 meals, job skills, and career services, and provide referrals 49.10 for youths to other available services outside the centers. The 49.11 commissioner may consult with other appropriate agencies and, to 49.12 the extent possible, use existing resources and staff in 49.13 creating the programs. The commissioner shall ensure that the 49.14 programs, if offered, are adequately staffed by specially 49.15 trained personnel and outreach street workers. Each center may 49.16 integrate community volunteers into the program's activities and 49.17 services and cooperate with local law enforcement agencies. The 49.18 centers must be open during hours convenient to youths, 49.19 including evenings, weekends, and extended summer hours. A 49.20 center's hours, however, may not conflict with truancy laws. 49.21 Each center must have a plan for evaluation designed to measure 49.22 the program's effectiveness in aiding youths. 49.23 Subd. 2. [ADVISORY BOARD.] The commissioner shall 49.24 establish an advisory board to help develop plans and programs 49.25 for the youth centers established in subdivision 1. The 49.26 commissioner shall encourage youths and their families to 49.27 participate on the board. 49.28 Sec. 59. [611B.62] [COMMUNITY CRIME PREVENTION PROGRAMS; 49.29 GRANTS.] 49.30 Subdivision 1. [PROGRAMS.] The commissioner shall 49.31 administer a grant program to fund community-based programs that 49.32 are designed to enhance the community's sense of personal 49.33 security and to assist the community in its crime control and 49.34 prevention efforts. Examples of qualifying programs include, 49.35 but are not limited to, the following: 49.36 (1) community-based programs designed to provide services 50.1 for children under 14 years of age who are juvenile offenders or 50.2 who are at risk of becoming juvenile offenders. The programs 50.3 must give priority to: 50.4 (i) juvenile restitution; 50.5 (ii) prearrest or pretrial diversion, including through 50.6 mediation; 50.7 (iii) probation innovation; 50.8 (iv) establishing teen courts and community service; or 50.9 (v) postincarceration alternatives to assist youth in 50.10 returning to their communities; 50.11 (2) community-based programs designed to provide at-risk 50.12 children and youth under 14 years of age with after-school and 50.13 summer enrichment activities; 50.14 (3) community-based programs designed to discourage young 50.15 people from involvement in unlawful drug or street gang 50.16 activities such as neighborhood youth centers; 50.17 (4) neighborhood block clubs and innovative community-based 50.18 crime prevention programs; 50.19 (5) community-based and school-based programs designed to 50.20 enrich the educational, cultural, or recreational opportunities 50.21 of at-risk children and youth, including programs designed to 50.22 keep at-risk youth from dropping out of school and encourage 50.23 school dropouts to return to school; 50.24 (6) community-based programs designed to intervene with 50.25 juvenile offenders who are identified as likely to engage in 50.26 repeated criminal activity in the future unless intervention is 50.27 undertaken; 50.28 (7) community-based collaboratives that coordinate multiple 50.29 programs and funding sources to address the needs of at-risk 50.30 children and youth, including, but not limited to, 50.31 collaboratives that address the continuum of services for 50.32 juvenile offenders and those who are at risk of becoming 50.33 juvenile offenders; 50.34 (8) programs that are proven successful at increasing the 50.35 rate of school success or the rate of post-secondary education 50.36 attendance for high-risk students; 51.1 (9) community-based programs that provide services to 51.2 homeless youth; 51.3 (10) programs designed to reduce truancy; 51.4 (11) other community-based and school-based crime 51.5 prevention programs that are innovative and encourage 51.6 substantial involvement by members of the community served by 51.7 the program; 51.8 (12) community-based programs that attempt to prevent and 51.9 ameliorate the effects of teenage prostitution; 51.10 (13) programs for mentoring at-risk youth, including youth 51.11 at risk of gang involvement; and 51.12 (14) programs operated by community violence prevention 51.13 councils. 51.14 Subd. 2. [GRANT PROCEDURE.] A local unit of government or 51.15 a nonprofit community-based entity may apply for a grant by 51.16 submitting an application with the commissioner. The applicant 51.17 shall specify the following in its application: 51.18 (1) a description of each program for which funding is 51.19 sought; 51.20 (2) outcomes and performance indicators for the program; 51.21 (3) a description of the planning process that identifies 51.22 local community needs, surveys existing programs, provides for 51.23 coordination with existing programs, and involves all affected 51.24 sectors of the community; 51.25 (4) the geographical area to be served by the program; 51.26 (5) statistical information as to the number of arrests in 51.27 the geographical area for violent crimes and for crimes 51.28 involving schedule I and II controlled substances; and 51.29 (6) the number of economically disadvantaged youth in the 51.30 geographical areas to be served by the program. 51.31 For purposes of clause (5), "violent crime" includes a 51.32 violation of or an attempt or conspiracy to violate any of the 51.33 following laws: section 609.185; 609.19; 609.195; 609.20; 51.34 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 51.35 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 51.36 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 52.1 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 52.2 609.562; 609.582, subdivision 1; or 609.687, or any provision of 52.3 chapter 152 that is punishable by a maximum sentence greater 52.4 than ten years. 52.5 The commissioner shall give priority to funding 52.6 community-based collaboratives, programs that demonstrate 52.7 substantial involvement by members of the community served by 52.8 the program, and programs that either serve the geographical 52.9 areas that have the highest crime rates, as measured by the data 52.10 supplied under clause (5), or serve geographical areas that have 52.11 the largest concentrations of economically disadvantaged youth. 52.12 Up to 2.5 percent of the appropriation may be used by the 52.13 commissioner to administer the program. 52.14 Subd. 3. [REPORT.] The commissioner shall submit a written 52.15 report to the children's cabinet and chairs of the house and 52.16 senate committees and divisions with jurisdiction over criminal 52.17 justice policy and funding by February 1 each year, based on the 52.18 information provided by applicants under this subdivision. 52.19 Sec. 60. [611B.63] [OTHER DUTIES.] 52.20 The director shall: 52.21 (1) provide information and assistance upon request to 52.22 school preassessment teams established under section 126.034 and 52.23 school and community advisory teams established under section 52.24 126.035; 52.25 (2) provide information and assistance upon request to the 52.26 state board of pharmacy with respect to the board's enforcement 52.27 of chapter 152; 52.28 (3) cooperate with and provide information and assistance 52.29 upon request to the alcohol and other drug abuse section in the 52.30 department of human services; 52.31 (4) assist in coordinating the policy of the office with 52.32 that of the narcotic enforcement unit in the bureau of criminal 52.33 apprehension; and 52.34 (5) coordinate the activities of the regional drug task 52.35 forces, provide assistance and information to them upon request, 52.36 and assist in the formation of task forces in areas of the state 53.1 in which no task force operates. 53.2 Sec. 61. [611B.64] [COOPERATION OF OTHER AGENCIES.] 53.3 State agencies, and agencies and governing bodies of 53.4 political subdivisions, shall cooperate with the director and 53.5 shall provide any public information requested by the director. 53.6 Sec. 62. [611B.65] [MULTIDISCIPLINARY CHEMICAL ABUSE 53.7 PREVENTION TEAM.] 53.8 Subdivision 1. [ESTABLISHMENT OF TEAM.] A county, a 53.9 multicounty organization of counties formed by an agreement 53.10 under section 471.59, or a statutory or home rule charter city 53.11 with a population of no more than 50,000, may establish a 53.12 multidisciplinary chemical abuse prevention team. The chemical 53.13 abuse prevention team may include, but need not be limited to, 53.14 representatives of health, mental health, public health, law 53.15 enforcement, educational, social service, court service, 53.16 community education, religious, and other appropriate agencies, 53.17 and parent and youth groups. For purposes of this section, 53.18 "chemical abuse" has the meaning given in Minnesota Rules, part 53.19 9530.6605, subpart 6. When possible, the team must coordinate 53.20 its activities with existing local groups, organizations, and 53.21 other teams dealing with the same issues the team is addressing. 53.22 Subd. 2. [DUTIES OF TEAM.] (a) A multidisciplinary 53.23 chemical abuse prevention team shall: 53.24 (1) assist in coordinating chemical abuse prevention and 53.25 treatment services provided by various groups, organizations, 53.26 and agencies in the community; 53.27 (2) disseminate information on the chemical abuse 53.28 prevention and treatment services that are available within the 53.29 community in which the team is established; 53.30 (3) develop and conduct educational programs on chemical 53.31 abuse prevention for adults and youth within the community in 53.32 which the team is established; 53.33 (4) conduct activities to address other high-risk behaviors 53.34 related to chemical abuse, including, but not limited to, 53.35 suicide, delinquency, and family violence; and 53.36 (5) conduct other appropriate chemical abuse prevention 54.1 activities. 54.2 (b) The team, in carrying out its duties under this 54.3 subdivision, must focus on chemical abuse issues and needs 54.4 unique to the community in which the team is established. In 54.5 defining the needs and goals of the team, the team shall consult 54.6 with the governmental body of the city or county in which the 54.7 team is established. When a team is established in a 54.8 multicounty area, the team shall consult with representatives of 54.9 the county boards of each county. 54.10 (c) The team, in carrying out its duties, shall comply with 54.11 the Government Data Practices Act in chapter 13, and 54.12 requirements for confidentiality of records under Code of 54.13 Federal Regulations, title 42, sections 2.1 to 2.67, as amended 54.14 through December 31, 1988, and section 254A.09. 54.15 Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The director 54.16 of the division of drug policy and violence prevention may award 54.17 a grant to a county, multicounty organization, or city, as 54.18 described in subdivision 1, for establishing and operating a 54.19 multidisciplinary chemical abuse prevention team. The director 54.20 may approve up to five applications for grants under this 54.21 subdivision. The grant funds must be used to establish a 54.22 multidisciplinary chemical abuse prevention team to carry out 54.23 the duties described in subdivision 2. 54.24 Subd. 4. [DIRECTOR; ADMINISTRATION OF GRANTS.] The 54.25 director shall develop a process for administering grants under 54.26 subdivision 3. The process must be compatible with the 54.27 community grant program under the Drug Free Schools and 54.28 Communities Act, Public Law Number 100-690. The process for 54.29 administering the grants must include establishing criteria the 54.30 director shall apply in awarding grants. The director shall 54.31 issue requests for proposals for grants under subdivision 3. 54.32 The request must be designed to obtain detailed information 54.33 about the applicant and other information the director considers 54.34 necessary to evaluate and select a grant recipient. The 54.35 applicant shall submit a proposal for a grant on a form and in a 54.36 manner prescribed by the director. The director shall award 55.1 grants under this section so that 50 percent of the funds 55.2 appropriated for the grants go to the metropolitan area composed 55.3 of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 55.4 Washington counties, and 50 percent of the funds go to the area 55.5 outside the metropolitan area. The process for administering 55.6 the grants must also include procedures for monitoring the 55.7 recipients' use of grant funds and reporting requirements for 55.8 grant recipients. 55.9 Sec. 63. [611B.655] [GRANTS FOR FAMILY VISITATION 55.10 CENTERS.] 55.11 Subdivision 1. [PURPOSE.] The commissioner shall issue a 55.12 request for proposals from existing local nonprofit, 55.13 nongovernmental, or governmental organizations to use existing 55.14 local facilities as family visitation centers that may also be 55.15 used for visitation exchanges. The commissioner shall award 55.16 grants in amounts up to $50,000 for the purpose of creating or 55.17 maintaining family visitation centers in an effort to reduce 55.18 children's vulnerability to violence and trauma related to 55.19 family visitation, where there has been a history of domestic 55.20 violence or abuse within the family. The commissioner shall 55.21 award the grants to provide the greatest possible number of 55.22 family visitation centers and to locate them to provide for the 55.23 broadest possible geographic distribution of the centers 55.24 throughout the state. 55.25 Each children's family visitation center must use existing 55.26 local facilities to provide a healthy interactive environment 55.27 for parents who are separated or divorced and for parents with 55.28 children in foster homes to visit with their children. The 55.29 centers must be available for use by district courts who may 55.30 order visitation to occur at a family visitation center. The 55.31 centers may also be used as drop-off sites, so that parents who 55.32 are under court order to have no contact with each other can 55.33 exchange children for visitation at a neutral site. Each center 55.34 must provide sufficient security to ensure a safe visitation 55.35 environment for children and their parents. A grantee must 55.36 demonstrate the ability to provide a 25 percent local match, 56.1 which may include in-kind contributions. 56.2 Subd. 2. [COUNTY INVOLVEMENT.] Each county or group of 56.3 counties is encouraged to provide supervised visitation services 56.4 in an effort to fill the gap in the court system that orders 56.5 supervised visitation but does not provide a center to 56.6 accomplish the supervised visitation as ordered. Each county or 56.7 group of counties is encouraged to either financially contribute 56.8 to an existing family visitation center in the area, or 56.9 establish a new center if there is not one in the area, possibly 56.10 through county social services. In creating a new center, the 56.11 county may collaborate with other counties, other family 56.12 visitation centers, family services collaboratives, court 56.13 services, and any other entity or organization. The goal is to 56.14 provide family visitation centers statewide. The county shall 56.15 apply for funding that may be available through the federal 56.16 government, specifically for family preservation or family 56.17 reunification purposes, or any other source of funding that will 56.18 aid in developing and maintaining this vital service. 56.19 Subd. 3. [FUNDING.] The commissioner may award grants to 56.20 create or maintain family visitation centers. 56.21 In awarding grants to maintain a family visitation center, 56.22 the commissioner may award a grant to a center that can 56.23 demonstrate a 35 percent local match, provided the center is 56.24 diligently exploring and pursuing all available funding options 56.25 in an effort to become self-sustaining, and those efforts are 56.26 reported to the commissioner. 56.27 In awarding grants to create a family visitation center, 56.28 the commissioner shall give priority to: 56.29 (1) areas of the state where no other family visitation 56.30 center or similar facility exists; 56.31 (2) applicants who demonstrate that private funding for the 56.32 center is available and will continue; and 56.33 (3) facilities that are adapted for use to care for 56.34 children, such as day care centers, religious institutions, 56.35 community centers, schools, technical colleges, parenting 56.36 resource centers, and child care referral services. 57.1 In awarding grants to create or maintain a family 57.2 visitation center, the commissioner shall require the proposed 57.3 center to meet standards developed by the commissioner to ensure 57.4 the safety of the custodial parent and children. 57.5 Subd. 4. [ADDITIONAL SERVICES.] Each family visitation 57.6 center may provide parenting and child development classes, 57.7 offer support groups to participating custodial parents, and 57.8 hold regular classes designed to assist children who have 57.9 experienced domestic violence and abuse. Each family visitation 57.10 center must have available an individual knowledgeable about or 57.11 experienced in the provision of services to battered women on 57.12 its staff, its board of directors, or otherwise available to it 57.13 for consultation. 57.14 Subd. 5. [ADMINISTRATION.] In administering the grants 57.15 authorized by this section, the commissioner shall ensure that 57.16 the term "family visitation center" is used in all future 57.17 applications, publicity releases, requests for proposals, and 57.18 other materials of like nature. Materials published prior to 57.19 the enactment of this legislation which use different terms may 57.20 be distributed by the commissioner until supplies are gone. 57.21 VICTIM AND WITNESS PROTECTION 57.22 Sec. 64. [611B.66] [GRANT PROGRAM FOR WITNESS AND VICTIM 57.23 PROTECTION.] 57.24 Subdivision 1. [WITNESS AND VICTIM PROTECTION FUND.] The 57.25 witness and victim protection fund is under the administration 57.26 of the commissioner. The commissioner may make grants to local 57.27 officials to provide for the relocation or other protection of a 57.28 victim, witness, or potential witness who is involved in a 57.29 criminal prosecution and who the commissioner has reason to 57.30 believe is or is likely to be the target of a violent crime or a 57.31 violation of section 609.498 or 609.713, in connection with that 57.32 prosecution. The commissioner may award grants for any of the 57.33 following actions in connection with the protection of a witness 57.34 or victim under this section: 57.35 (1) to provide suitable documents to enable the person to 57.36 establish a new identity or otherwise protect the person; 58.1 (2) to provide housing for the person; 58.2 (3) to provide for the transportation of household 58.3 furniture and other personal property to the person's new 58.4 residence; 58.5 (4) to provide the person with a payment to meet basic 58.6 living expenses for a time period the commissioner deems 58.7 necessary; 58.8 (5) to assist the person in obtaining employment; and 58.9 (6) to provide other services necessary to assist the 58.10 person in becoming self-sustaining. 58.11 Subd. 2. [APPLICATION FOR GRANT.] A county sheriff or the 58.12 chief administrative officer of a municipal police department 58.13 may apply to the commissioner for a grant for any of the 58.14 purposes described in subdivision 1, on forms and according to 58.15 procedures developed by the commissioner. 58.16 Subd. 3. [ACCOUNTING REPORT.] The head of a law 58.17 enforcement agency that receives a grant under subdivision 1 58.18 shall file a report with the commissioner at the conclusion of 58.19 the case detailing the specific purposes for which the money was 58.20 spent. By January 1 of each even-numbered year, the 58.21 commissioner shall prepare and submit to the chairs of the 58.22 committees and divisions in the senate and house of 58.23 representatives with jurisdiction over criminal justice policy 58.24 and funding a summary report of witness assistance services 58.25 provided under this section. 58.26 Subd. 4. [DATA CLASSIFICATION.] An application to the 58.27 commissioner for money is a confidential record. Information 58.28 within investigative files that identifies or could reasonably 58.29 be used to ascertain the identity of assisted witnesses is a 58.30 confidential record. A report at the conclusion of an 58.31 investigation is a public record, except that information in a 58.32 report pertaining to the identity or location of an assisted 58.33 witness is private data. 58.34 Sec. 65. [TRANSFERS FROM OTHER AGENCIES.] 58.35 The responsibilities of the department of corrections with 58.36 respect to victims services and restorative justice are 59.1 transferred to the department of crime victims and violence 59.2 prevention under Minnesota Statutes, section 15.039. The 59.3 responsibilities of the department of public safety with respect 59.4 to crime victims services are transferred to the department of 59.5 crime victims and violence prevention under section 15.039. The 59.6 responsibilities of the department of children, families, and 59.7 learning with respect to the abused children programs, 59.8 multidisciplinary chemical abuse prevention teams, family 59.9 visitation center grants, and the office of drug policy and 59.10 violence prevention are transferred to the department of crime 59.11 victims and violence prevention under section 15.039. The 59.12 responsibilities of the department of economic security with 59.13 respect to the juvenile justice advisory committee are 59.14 transferred to the department of crime victims and violence 59.15 prevention under section 15.039. The responsibilities of the 59.16 bureau of criminal apprehension with respect to witness and 59.17 victim protection grants are transferred to the department of 59.18 crime victims and violence prevention under section 15.039. The 59.19 responsibilities of the supreme court with respect to the 59.20 mediation grant program for crime victims and offenders are 59.21 transferred to the department of crime victims and violence 59.22 prevention under section 15.039. 59.23 Sec. 66. [REVISOR'S INSTRUCTIONS.] 59.24 The revisor of statutes shall make changes in 59.25 cross-references in existing statutory sections consistent with 59.26 this act. 59.27 Sec. 67. [REPORT TO LEGISLATURE.] 59.28 On or before February 1, 1999, the crime victims services 59.29 advisory council shall report to the chairs of the senate crime 59.30 prevention and house of representatives judiciary committees on 59.31 the implementation, use, and administration of the grant program 59.32 created under Minnesota Statutes, section 611B.42. 59.33 Sec. 68. [REPEALER.] 59.34 Minnesota Statutes 1996, sections 119A.20; 119A.21; 59.35 119A.22; 119A.23, subdivisions 3, 4, and 5; 119A.25; 119A.26, 59.36 subdivision 1; 119A.27; 119A.28; 119A.29; 119A.31, subdivisions 60.1 2 and 3; 119A.32; 119A.33; 119A.34; 268.29; 299C.065, 60.2 subdivisions 1a and 3a; 611A.02; 611A.0311; 611A.04, 60.3 subdivisions 1, 1a, 1b, 2, and 3; 611A.045, subdivisions 2 and 60.4 3; 611A.046; 611A.05; 611A.21; 611A.22; 611A.221; 611A.25, 60.5 subdivisions 1 and 2; 611A.31; 611A.32; 611A.33; 611A.34; 60.6 611A.35; 611A.36; 611A.361, subdivisions 1 and 2; 611A.41; 60.7 611A.43; 611A.51; 611A.52, subdivisions 1, 2, 3, 4, 5, 7, 9, and 60.8 10; 611A.53, subdivisions 1, 1a, and 2; 611A.54; 611A.55; 60.9 611A.56, subdivision 2; 611A.57; 611A.58; 611A.60; 611A.61; 60.10 611A.612; 611A.62; 611A.63; 611A.64; 611A.65; 611A.66; 611A.67; 60.11 611A.70; 611A.71, subdivisions 1, 2, 3, 4, and 6; 611A.72; 60.12 611A.73; 611A.74, subdivisions 2, 4, 5, and 6; 611A.76; 611A.77; 60.13 and 611A.78; Minnesota Statutes 1997 Supplement, sections 60.14 119A.26, subdivision 2; 119A.31, subdivision 1; 119A.37; 60.15 611A.04, subdivision 4; 611A.045, subdivision 1; 611A.25, 60.16 subdivision 3; 611A.361, subdivision 3; 611A.52, subdivisions 6 60.17 and 8; 611A.53, subdivision 1b; 611A.56, subdivision 1; 60.18 611A.675; 611A.71, subdivisions 5 and 7; and 611A.74, 60.19 subdivisions 1, 1a, and 3, are repealed. 60.20 Sec. 69. [APPROPRIATION.] 60.21 $....... is appropriated to the commissioner of crime 60.22 victims and violence prevention from the general fund for the 60.23 fiscal year ending June 30, 1999, to: 60.24 (1) hire personnel necessary: 60.25 (i) to perform auditing and research functions within the 60.26 department; and 60.27 (ii) to coordinate and maximize the securing of money from 60.28 independent sources for grant purposes; and 60.29 (2) organize the department and implement this act. 60.30 Sec. 70. [EFFECTIVE DATE.] 60.31 Sections 1 to 69 are effective July 1, 1998.