SF 3304

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; reorganizing the 
  1.3             Minnesota center for crime victim services as a 
  1.4             division of the department of public safety; providing 
  1.5             for its duties; transferring its powers and duties to 
  1.6             the commissioner of public safety; transferring the 
  1.7             powers and duties of the commissioner of corrections 
  1.8             concerning victims services to the commissioner of 
  1.9             public safety and the Minnesota center for crime 
  1.10            victim services; authorizing the director of the 
  1.11            Minnesota center for crime victim services to 
  1.12            administer grants for crime victims; amending 
  1.13            Minnesota Statutes 2000, sections 609.3241; 611A.01; 
  1.14            611A.07, subdivision 1; 611A.25, subdivision 1; 
  1.15            611A.31; 611A.361, subdivision 1; 611A.77, subdivision 
  1.16            1; 629.342, subdivision 2; proposing coding for new 
  1.17            law in Minnesota Statutes, chapter 611A; repealing 
  1.18            Minnesota Statutes 2000, sections 611A.21; 611A.22; 
  1.19            611A.221; 611A.33; 611A.345; 611A.35; 611A.41; 
  1.20            611A.43; 611A.78. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 2000, section 609.3241, is 
  1.23  amended to read: 
  1.24     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  1.25     When a court sentences an adult convicted of violating 
  1.26  section 609.322 or 609.324, while acting other than as a 
  1.27  prostitute, the court shall impose an assessment of not less 
  1.28  than $250 and not more than $500 for a violation of section 
  1.29  609.324, subdivision 2, or a misdemeanor violation of section 
  1.30  609.324, subdivision 3; otherwise the court shall impose an 
  1.31  assessment of not less than $500 and not more than $1,000.  The 
  1.32  mandatory minimum portion of the assessment is to be used for 
  1.33  the purposes described in section 626.558, subdivision 2a, and 
  2.1   is in addition to the surcharge required by section 357.021, 
  2.2   subdivision 6.  Any portion of the assessment imposed in excess 
  2.3   of the mandatory minimum amount shall be forwarded to the 
  2.4   general fund and is appropriated annually to the commissioner of 
  2.5   corrections Minnesota center for crime victim services.  
  2.6   The commissioner, with the assistance of the general crime 
  2.7   victims advisory council, director of the center shall use money 
  2.8   received under this section for grants to agencies that provide 
  2.9   assistance to individuals who have stopped or wish to stop 
  2.10  engaging in prostitution.  Grant money may be used to provide 
  2.11  these individuals with medical care, child care, temporary 
  2.12  housing, and educational expenses. 
  2.13     Sec. 2.  Minnesota Statutes 2000, section 611A.01, is 
  2.14  amended to read: 
  2.15     611A.01 [DEFINITIONS.] 
  2.16     Subdivision 1.  [SCOPE.] For the purposes of sections 
  2.17  611A.01 to 611A.06: this chapter, the definitions in this 
  2.18  section have the meanings given. 
  2.19     Subd. 2.  [CENTER.] "Center" means the Minnesota center for 
  2.20  crime victim services established as a division within the 
  2.21  department of public safety. 
  2.22     (a) Subd. 3.  [CRIME.] "Crime" means conduct that is 
  2.23  prohibited by local ordinance and results in bodily harm to an 
  2.24  individual; or conduct that is included within the definition of 
  2.25  "crime" in section 609.02, subdivision 1, or would be included 
  2.26  within that definition but for the fact that (i) the person 
  2.27  engaging in the conduct lacked capacity to commit the crime 
  2.28  under the laws of this state, or (ii) the act was alleged or 
  2.29  found to have been committed by a juvenile;. 
  2.30     (b) Subd. 4.  [VICTIM.] "Victim" means a natural person who 
  2.31  incurs loss or harm as a result of a crime, including a good 
  2.32  faith effort to prevent a crime, and for purposes of sections 
  2.33  611A.04 and 611A.045, also includes (i) a corporation that 
  2.34  incurs loss or harm as a result of a crime, (ii) a government 
  2.35  entity that incurs loss or harm as a result of a crime, and 
  2.36  (iii) any other entity authorized to receive restitution under 
  3.1   section 609.10 or 609.125.  If the victim is a natural person 
  3.2   and is deceased, "victim" means the deceased's surviving spouse 
  3.3   or next of kin; and. 
  3.4      Subd. 5.  [DIRECTOR.] "Director" means the director of the 
  3.5   Minnesota center for crime victim services. 
  3.6      Subd. 6.  [GENERAL CRIME.] "General crime" means a crime 
  3.7   defined in subdivision 3, which is not already included in the 
  3.8   definitions of sexual assault, domestic abuse, or abused 
  3.9   children. 
  3.10     (c) Subd. 7.  [JUVENILE.] "Juvenile" has the same meaning 
  3.11  as given to the term "child" in section 260B.007, subdivision 3. 
  3.12     Subd. 8.  [SEXUAL ASSAULT.] "Sexual assault" means an act 
  3.13  of sexual violence as defined in sections 609.342 to 609.3451, 
  3.14  and other criminal violations which involve nonconsensual verbal 
  3.15  or physical sexual activity or sexual exploitation. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 611A.07, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [GENERALLY.] The commissioner of 
  3.19  corrections, after considering the recommendations of the 
  3.20  advisory council on battered women and domestic abuse and the 
  3.21  sexual assault advisory council, and in collaboration with the 
  3.22  commissioner of public safety and the director of the Minnesota 
  3.23  center for crime victim services, shall adopt standards 
  3.24  governing electronic monitoring devices used to protect victims 
  3.25  of domestic abuse.  In developing proposed standards, the 
  3.26  commissioner shall consider the experience of the courts in the 
  3.27  tenth judicial district in the use of the devices to protect 
  3.28  victims of domestic abuse.  These standards shall promote the 
  3.29  safety of the victim and shall include measures to avoid the 
  3.30  disparate use of the device with communities of color, product 
  3.31  standards, monitoring agency standards, and victim disclosure 
  3.32  standards.  
  3.33     Sec. 4.  Minnesota Statutes 2000, section 611A.25, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [CREATION.] The commissioner of corrections 
  3.36  public safety shall appoint a 12-member advisory council on 
  4.1   sexual assault to advise the commissioner on the implementation 
  4.2   and continued operation of sections 611A.21 and 611A.221.  The 
  4.3   sexual assault advisory council shall also serve as a liaison 
  4.4   between the commissioner and organizations that provide services 
  4.5   to victims of sexual assault, and as an advocate within the 
  4.6   department of corrections public safety for the rights of sexual 
  4.7   assault victims. 
  4.8      Sec. 5.  [611A.26] [POWERS OF COMMISSIONER.] 
  4.9      The commissioner of public safety is authorized to make 
  4.10  grants utilizing state and federal funds to any governmental 
  4.11  unit, public or nonprofit entity or tribal government for the 
  4.12  provision or enhancement of services pertaining to crime 
  4.13  victims.  Applications for grants to serve crime victims shall 
  4.14  be submitted in a form approved by the commissioner. 
  4.15     Sec. 6.  Minnesota Statutes 2000, section 611A.31, is 
  4.16  amended to read: 
  4.17     611A.31 [DEFINITIONS.] 
  4.18     Subdivision 1.  For the purposes of sections 611A.31 to 
  4.19  611A.36 this chapter, the following terms have the meanings 
  4.20  given. 
  4.21     Subd. 2.  "Battered woman" means a woman who is being or 
  4.22  has been victimized by domestic abuse as defined in section 
  4.23  518B.01, subdivision 2. 
  4.24     Subd. 3.  "Emergency shelter services" include, but are not 
  4.25  limited to, secure crisis shelters for battered women and 
  4.26  housing networks for battered women. 
  4.27     Subd. 4.  "Support services" include, but are not limited 
  4.28  to, advocacy services, legal services, counseling services, 
  4.29  transportation services, child care services, and 24 hour 
  4.30  information and referral services. 
  4.31     Subd. 5.  "Commissioner" means the commissioner of the 
  4.32  department of corrections public safety or a designee. 
  4.33     Sec. 7.  Minnesota Statutes 2000, section 611A.361, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [CREATION.] The commissioner of corrections 
  4.36  public safety shall appoint a 12-member advisory council on 
  5.1   general crime victims to advise the commissioner on the 
  5.2   implementation and continued operation of chapter 611A with 
  5.3   respect to victims of crimes other than sexual assault and 
  5.4   domestic abuse.  The general crime victims advisory council 
  5.5   shall also serve as a liaison between the commissioner and 
  5.6   organizations that provide services to victims of crime, and as 
  5.7   an advocate within the department of corrections public safety 
  5.8   for the rights of general crime victims. 
  5.9      Sec. 8.  [611A.445] [MINNESOTA CENTER FOR CRIME VICTIM 
  5.10  SERVICES; CREATION; ORGANIZATION.] 
  5.11     The Minnesota center for crime victim services is created, 
  5.12  for budgetary and administrative purposes, as a division of the 
  5.13  department of public safety.  The commissioner of public safety 
  5.14  shall appoint the director of the center.  The director shall 
  5.15  serve in the unclassified service at the pleasure of the 
  5.16  commissioner.  The commissioner shall fill any vacancy in the 
  5.17  office of director. 
  5.18     Sec. 9.  [611A.446] [TRANSFER OF VICTIM SERVICES FUNCTIONS 
  5.19  TO THE CENTER FOR CRIME VICTIM SERVICES.] 
  5.20     Subdivision 1.  [COMMISSIONER OF CORRECTIONS.] Except for 
  5.21  the duties relating to notice of release of offenders under 
  5.22  section 611A.06, all powers and duties imposed on the 
  5.23  commissioner of corrections relating to victim services and 
  5.24  rights by this chapter transferred to and imposed on the 
  5.25  director of the Minnesota center for crime victim services as a 
  5.26  division of the department of public safety. 
  5.27     Subd. 2.  [TRANSFER OF POWER.] The provisions of section 
  5.28  15.039 apply to the transfer of power and duties of the 
  5.29  commissioner of corrections under subdivision 1, relating to 
  5.30  victim services and rights imposed by this chapter, to the 
  5.31  director of the Minnesota center for crime victim services as a 
  5.32  division of the department of public safety. 
  5.33     Sec. 10.  Minnesota Statutes 2000, section 611A.77, 
  5.34  subdivision 1, is amended to read: 
  5.35     Subdivision 1.  [GRANTS.] The executive director of the 
  5.36  center for crime victim services shall award grants to nonprofit 
  6.1   organizations any public or nonprofit agency or tribal 
  6.2   government to create or expand mediation programs for crime 
  6.3   victims and offenders.  For purposes of this section, "offender" 
  6.4   means an adult charged with a nonviolent crime or a juvenile who 
  6.5   has been referred to a mediation program before or after a 
  6.6   petition for delinquency has been filed in connection with a 
  6.7   nonviolent offense, and "nonviolent crime" and "nonviolent 
  6.8   offense" exclude any offense in which the victim is a family or 
  6.9   household member, as defined in section 518B.01, subdivision 2. 
  6.10     Sec. 11.  Minnesota Statutes 2000, section 629.342, 
  6.11  subdivision 2, is amended to read: 
  6.12     Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
  6.13  law enforcement agency shall develop, adopt, and implement a 
  6.14  written policy regarding arrest procedures for domestic abuse 
  6.15  incidents.  In the development of a policy, each law enforcement 
  6.16  agency shall consult with domestic abuse advocates, community 
  6.17  organizations, and other law enforcement agencies with expertise 
  6.18  in the recognition and handling of domestic abuse incidents.  
  6.19  The policy shall discourage dual arrests, include consideration 
  6.20  of whether one of the parties acted in self defense, and provide 
  6.21  guidance to officers concerning instances in which officers 
  6.22  should remain at the scene of a domestic abuse incident until 
  6.23  the likelihood of further imminent violence has been eliminated. 
  6.24     (b) The bureau of criminal apprehension, the board of peace 
  6.25  officer standards and training, and the advisory council on 
  6.26  battered women and domestic abuse appointed by the commissioner 
  6.27  of corrections public safety under section 611A.34, in 
  6.28  consultation with the Minnesota chiefs of police association, 
  6.29  the Minnesota sheriffs association, and the Minnesota police and 
  6.30  peace officers association, shall develop a written model policy 
  6.31  regarding arrest procedures for domestic abuse incidents for use 
  6.32  by local law enforcement agencies.  Each law enforcement agency 
  6.33  may adopt the model policy in lieu of developing its own policy 
  6.34  under the provisions of paragraph (a). 
  6.35     (c) Local law enforcement agencies that have already 
  6.36  developed a written policy regarding arrest procedures for 
  7.1   domestic abuse incidents before July 1, 1992, are not required 
  7.2   to develop a new policy but must review their policies and 
  7.3   consider the written model policy developed under paragraph (b). 
  7.4      Sec. 12.  [REPEALER.] 
  7.5      Minnesota Statutes 2000, sections 611A.21; 611A.22; 
  7.6   611A.221; 611A.33; 611A.345; 611A.35; 611A.41; 611A.43; and 
  7.7   611A.78, are repealed.