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Minnesota Legislature

Office of the Revisor of Statutes

SF 3345

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to criminal justice; appropriating money for 
  1.3             the judicial branch, public safety, corrections, 
  1.4             criminal justice, crime prevention programs, and 
  1.5             related purposes; modifying various fees, assessments, 
  1.6             and surcharges; implementing, clarifying, and 
  1.7             modifying certain criminal and juvenile provisions; 
  1.8             prescribing, clarifying, and modifying certain penalty 
  1.9             provisions; establishing, clarifying, expanding, and 
  1.10            making permanent various pilot programs, grant 
  1.11            programs, task forces, working groups, reports, and 
  1.12            studies; providing for the collection, maintenance, 
  1.13            and reporting of certain data; expanding, clarifying, 
  1.14            and modifying the powers of the commissioner of 
  1.15            corrections; making various changes to the 1997 
  1.16            omnibus criminal justice funding bill; providing for 
  1.17            the coordination of services for disasters; clarifying 
  1.18            and modifying certain laws involving public defenders; 
  1.19            appropriating public defender reimbursements to the 
  1.20            board of public defense; requesting the supreme court 
  1.21            to amend the Rules of Criminal Procedure; accelerating 
  1.22            the repeal of the automobile theft prevention program; 
  1.23            limiting the entities that must have an affirmative 
  1.24            action plan approved by the commissioner of human 
  1.25            rights; conveying state land to the city of Faribault; 
  1.26            amending Minnesota Statutes 1996, sections 3.739, 
  1.27            subdivision 1; 12.09, by adding a subdivision; 13.99, 
  1.28            by adding a subdivision; 168.042, subdivisions 12 and 
  1.29            15; 169.121, subdivision 5a; 171.16, subdivision 3; 
  1.30            241.01, subdivision 7, and by adding a subdivision; 
  1.31            242.32, subdivision 1; 299C.06; 299C.09; 299F.04, by 
  1.32            adding a subdivision; 357.021, by adding subdivisions; 
  1.33            488A.03, subdivision 11; 588.01, subdivision 3; 
  1.34            609.3241; 611.14; 611.20, subdivision 3; 611.26, 
  1.35            subdivisions 2 and 3; and 611.27, subdivisions 1 and 
  1.36            7; Minnesota Statutes 1997 Supplement, sections 
  1.37            97A.065, subdivision 2; 168.042, subdivision 11a; 
  1.38            169.14, subdivision 5d; 171.29, subdivision 2; 
  1.39            241.277, subdivisions 6, 9, and by adding a 
  1.40            subdivision; 357.021, subdivision 2; 363.073, 
  1.41            subdivision 1; 401.13; 609.101, subdivision 5; 
  1.42            609.113, subdivision 3; and 611.25, subdivision 3; 
  1.43            amending Laws 1996, chapter 408, article 2, section 
  1.44            16; and Laws 1997, chapter 239, article 1, sections 7 
  1.45            and 12; proposing coding for new law in Minnesota 
  1.46            Statutes, chapters 169; 241; 299C; 609; and 611A; 
  2.1             repealing Minnesota Statutes 1996, sections 609.101, 
  2.2             subdivision 1; 609.563, subdivision 2; 611.216, 
  2.3             subdivision 1a; 611.26, subdivision 9; 611.27, 
  2.4             subdivision 2; and 626.861; Minnesota Statutes 1997 
  2.5             Supplement, section 611.27, subdivision 4. 
  2.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.7                              ARTICLE 1
  2.8                            APPROPRIATIONS
  2.9   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.10     The sums shown in the columns headed "APPROPRIATIONS" are 
  2.11  appropriated from the general fund, or another named fund, to 
  2.12  the agencies and for the purposes specified in this article to 
  2.13  be available for the fiscal years indicated for each purpose.  
  2.14  The figures "1998" and "1999," where used in this article, mean 
  2.15  that the appropriation or appropriations listed under them are 
  2.16  available for the year ending June 30, 1998, or June 30, 1999, 
  2.17  respectively. 
  2.18                          SUMMARY BY FUND
  2.19                                          1998           1999
  2.20  General Fund Total                $      632,000 $    6,984,000
  2.21  TOTAL                             $      632,000 $    6,984,000
  2.22                                             APPROPRIATIONS 
  2.23                                         Available for the Year 
  2.24                                             Ending June 30 
  2.25                                            1998         1999 
  2.26  Sec. 2.  SUPREME COURT            $      -0-     $    1,023,000 
  2.27  $150,000 is for two positions to 
  2.28  improve financial and human resources 
  2.29  services to the courts. 
  2.30  $200,000 is for a community justice 
  2.31  system collaboration team in the 
  2.32  judicial branch. 
  2.33  $33,000 is for law clerk salary equity 
  2.34  adjustments. 
  2.35  $140,000 is a one-time appropriation 
  2.36  for civil legal services to low-income 
  2.37  clients. 
  2.38  $400,000 is a one-time appropriation to 
  2.39  begin the establishment of community 
  2.40  courts.  Of this amount, $200,000 is to 
  2.41  begin a community court in the fourth 
  2.42  judicial district and $200,000 is to 
  2.43  begin a community court in the second 
  2.44  judicial district. 
  2.45  $100,000 is a one-time appropriation 
  2.46  for a grant to the Minneapolis city 
  2.47  attorney for collecting and maintaining 
  3.1   the information required by article 5, 
  3.2   section 9.  This appropriation is 
  3.3   available until expended. 
  3.4   Up to $5,000 of the amount appropriated 
  3.5   in Laws 1997, chapter 239, article 1, 
  3.6   section 2, subdivision 2, may be used 
  3.7   for the normal operation of the court 
  3.8   for which no other reimbursement is 
  3.9   provided. 
  3.10  Sec. 3.  COURT OF APPEALS                 60,000        204,000 
  3.11  $60,000 the first year is for a 
  3.12  workers' compensation deficiency. 
  3.13  $90,000 the second year is for a sixth 
  3.14  appellate panel. 
  3.15  $114,000 the second year is for law 
  3.16  clerk salary equity adjustments.  
  3.17  Sec. 4.  DISTRICT COURTS                 -0-          1,075,000 
  3.18  $315,000 is for seven additional law 
  3.19  clerk positions. 
  3.20  $760,000 is for law clerk salary equity 
  3.21  adjustments. 
  3.22  Sec. 5.  BOARD ON JUDICIAL
  3.23  STANDARDS                                -0-            100,000 
  3.24  $100,000 is a one-time appropriation 
  3.25  for costs associated with the 
  3.26  investigation and public hearing 
  3.27  regarding complaints presented to the 
  3.28  board. 
  3.29  Sec. 6.  BOARD OF PUBLIC
  3.30  DEFENSE                                   10,000         20,000 
  3.31  $10,000 the first year and $20,000 the 
  3.32  second year are for increased employer 
  3.33  contribution rates for coverage under 
  3.34  the General Plan of the Public 
  3.35  Employees' Retirement Association 
  3.36  (PERA). 
  3.37  Sec. 7.  CORRECTIONS
  3.38  Subdivision 1.  Total 
  3.39  Appropriation                            220,000      2,713,000
  3.40  The amounts that may be spent from this 
  3.41  appropriation for each program are 
  3.42  specified in the following subdivisions.
  3.43  Subd. 2.  Correctional Institutions
  3.44  The commissioner may use operating 
  3.45  funds appropriated in Laws 1997, 
  3.46  chapter 239, article 1, section 12, to 
  3.47  renovate Building 35 to provide for 74 
  3.48  medium security beds at the Moose Lake 
  3.49  Correctional Facility.  An amount up to 
  3.50  $1,500,000 may be used for the 
  3.51  necessary renovation. 
  3.52  The commissioner may not open the 
  3.53  Brainerd facility.  
  4.1   Subd. 3.  Community Services
  4.2          220,000      2,713,000 
  4.3   $170,000 the first year and $315,000 
  4.4   the second year are for probation and 
  4.5   supervised release for the state 
  4.6   assumption of juvenile and adult 
  4.7   misdemeanant probation services in 
  4.8   Winona county. 
  4.9   $50,000 the first year and $210,000 the 
  4.10  second year are for probation and 
  4.11  supervised release for the state 
  4.12  assumption of juvenile and adult 
  4.13  misdemeanant probation services in 
  4.14  Benton county. 
  4.15  The appropriation in Laws 1997, chapter 
  4.16  239, article 1, section 12, subdivision 
  4.17  2, for the fiscal year ending June 30, 
  4.18  1999, for correctional institutions is 
  4.19  reduced by $1,000,000.  That amount is 
  4.20  added to the appropriation in Laws 
  4.21  1997, chapter 239, article 1, section 
  4.22  12, subdivision 4, for the fiscal year 
  4.23  ending June 30, 1999, and shall be used 
  4.24  for increased grants to counties that 
  4.25  deliver correctional services.  This 
  4.26  money shall be added to the base level 
  4.27  appropriated under Laws 1997, chapter 
  4.28  239, article 1, section 12, subdivision 
  4.29  4, for probation officer workload 
  4.30  reduction and is intended to reduce 
  4.31  state and county probation officer 
  4.32  caseload and workload overcrowding and 
  4.33  to increase supervision of individuals 
  4.34  sentenced to probation at the county 
  4.35  level.  This increased supervision may 
  4.36  be accomplished through a variety of 
  4.37  methods, including, but not limited to: 
  4.38  (1) innovative technology services, 
  4.39  such as automated probation reporting 
  4.40  systems and electronic monitoring; 
  4.41  (2) prevention and diversion programs; 
  4.42  (3) intergovernmental cooperation 
  4.43  agreements between local governments 
  4.44  and appropriate community resources; 
  4.45  and 
  4.46  (4) traditional probation program 
  4.47  services. 
  4.48  Counties that deliver correctional 
  4.49  services under Minnesota Statutes, 
  4.50  section 244.19, and that qualify for 
  4.51  new probation officers under this 
  4.52  program shall receive full 
  4.53  reimbursement for the officers' 
  4.54  benefits and support not to exceed 
  4.55  $70,000 annually.  Positions funded by 
  4.56  this appropriation may not supplant 
  4.57  existing services. 
  4.58  The commissioner shall distribute money 
  4.59  appropriated for state and county 
  4.60  probation officer caseload and workload 
  4.61  reduction according to the formula 
  5.1   contained in Minnesota Statutes, 
  5.2   section 401.10.  This appropriation may 
  5.3   not be used to supplant existing state 
  5.4   or county probation officer positions 
  5.5   or existing correctional services or 
  5.6   programs. 
  5.7   The appropriation in Laws 1997, chapter 
  5.8   239, article 1, section 12, subdivision 
  5.9   2, for the fiscal year ending June 30, 
  5.10  1999, for correctional institutions is 
  5.11  reduced by $222,000.  That amount is 
  5.12  added to the appropriation in Laws 
  5.13  1997, chapter 239, article 1, section 
  5.14  12, subdivision 4, for the fiscal year 
  5.15  ending June 30, 1999, and shall be used 
  5.16  for a grant to Ramsey county for the 
  5.17  development and operation of the 
  5.18  breaking the cycle of violence pilot 
  5.19  project described in article 2, section 
  5.20  9.  Ramsey county must provide at least 
  5.21  a one-to-one funding match. 
  5.22  $50,000 the second year is for grants 
  5.23  to existing restorative justice 
  5.24  programs, as described in Minnesota 
  5.25  Statutes, section 611A.775.  In 
  5.26  awarding grants under this section, the 
  5.27  commissioner shall give priority to 
  5.28  existing programs that involve 
  5.29  face-to-face dialogue.  This 
  5.30  appropriation is available until 
  5.31  expended. 
  5.32  $123,000 the second year is a one-time 
  5.33  appropriation to fund additional 
  5.34  juvenile mentoring pilot programs of 
  5.35  the type described in Laws 1996, 
  5.36  chapter 408, article 2, section 8.  At 
  5.37  the end of the pilot programs, the 
  5.38  commissioner shall report findings and 
  5.39  recommendations concerning the pilot 
  5.40  programs to the chairs of the house and 
  5.41  senate committees with jurisdiction 
  5.42  over criminal justice and higher 
  5.43  education issues.  This appropriation 
  5.44  is available until expended. 
  5.45  $250,000 the second year is a one-time 
  5.46  appropriation for a grant to the 
  5.47  southwest and west central service 
  5.48  cooperative to operate the child guide 
  5.49  prevention program for children in 
  5.50  kindergarten through grade 6. 
  5.51  $765,000 the second year is to 
  5.52  administer the remote electronic 
  5.53  alcohol monitoring program described in 
  5.54  Minnesota Statutes, section 169.1219. 
  5.55  $1,000,000 the second year is a 
  5.56  one-time appropriation for the 
  5.57  institution community work crew house 
  5.58  construction program.  Funds returned 
  5.59  to the state upon sale of houses under 
  5.60  this program must be deposited into the 
  5.61  account created in Minnesota Statutes, 
  5.62  section 241.278, and are appropriated 
  5.63  for further projects under this program.
  5.64  Sec. 8.  CORRECTIONS OMBUDSMAN            30,000         30,000 
  6.1   $30,000 the first year and $30,000 the 
  6.2   second year are for agency head salary 
  6.3   and benefit adjustments to the 
  6.4   Ombudsman for Corrections. 
  6.5   Sec. 9.  PUBLIC SAFETY
  6.6   Subdivision 1.  Total       
  6.7   Appropriation                            164,000      1,455,000 
  6.8   The amounts that may be spent from this 
  6.9   appropriation for each program are 
  6.10  specified in the following subdivisions.
  6.11  Subd. 2.  Emergency         
  6.12  Management    
  6.13         100,000         50,000 
  6.14  $100,000 the first year is a one-time 
  6.15  appropriation for the purchase of 
  6.16  flood-fighting supplies and equipment. 
  6.17  $50,000 the second year is to fund one 
  6.18  full-time staff person to coordinate 
  6.19  volunteer resources during disasters, 
  6.20  as described in article 5, section 1. 
  6.21  Subd. 3.  Crime Victim     
  6.22  Ombudsman   
  6.23          64,000        265,000 
  6.24  $64,000 the first year and $165,000 the 
  6.25  second year are for the consolidation 
  6.26  of crime victim services under 
  6.27  provisions of reorganization order 180. 
  6.28  $100,000 the second year is a one-time 
  6.29  appropriation for grants to 
  6.30  organizations providing intensive case 
  6.31  management specific to the needs of 
  6.32  prostituted individuals receiving 
  6.33  housing component services, such as 
  6.34  rental, mortgage, and utility 
  6.35  assistance.  Grantees must provide a 
  6.36  match of five percent in money or 
  6.37  in-kind services.  This appropriation 
  6.38  is available until expended. 
  6.39  Subd. 4.  Fire Marshall
  6.40         -0-            170,000 
  6.41  $170,000 is to establish, administer, 
  6.42  and maintain the arson investigative 
  6.43  data system described in Minnesota 
  6.44  Statutes, section 299F.04. 
  6.45  Subd. 5.  Criminal Apprehension
  6.46         -0-             50,000 
  6.47  $50,000 is to administer and maintain 
  6.48  the conditional release data system 
  6.49  described in Minnesota Statutes, 
  6.50  section 299C.147. 
  6.51  Subd. 6.  Law Enforcement and
  6.52  Community Grants
  7.1          -0-            920,000 
  7.2   $220,000 is a one-time appropriation 
  7.3   for weed and seed grants under 
  7.4   Minnesota Statutes, section 299A.63. 
  7.5   $500,000 is a one-time appropriation to 
  7.6   provide grants to local law enforcement 
  7.7   agencies to purchase automatic external 
  7.8   defibrillators under article 2, section 
  7.9   8. 
  7.10  $100,000 is a one-time appropriation to 
  7.11  conduct the study of the use of 
  7.12  biometrics in law enforcement described 
  7.13  in article 2, section 10. 
  7.14  $50,000 is a one-time appropriation for 
  7.15  a grant to the Minnesota safety council 
  7.16  to promote crosswalk safety. 
  7.17  $50,000 is a one-time appropriation for 
  7.18  a grant to the city of Fridley to plan, 
  7.19  design, establish, and begin the 
  7.20  operation of a truancy service center.  
  7.21  The center must serve southern Anoka 
  7.22  county. 
  7.23  Sec. 10.  BOARD OF PEACE    
  7.24  OFFICER STANDARDS AND TRAINING          148,000        104,000 
  7.25  $148,000 the first year is a one-time 
  7.26  appropriation for extraordinary legal 
  7.27  costs related to the settlement and 
  7.28  release of a wrongful discharge claim. 
  7.29  $104,000 the second year is a one-time 
  7.30  appropriation for Metropolitan State 
  7.31  University to establish a center for 
  7.32  applied research and policy analysis.  
  7.33  This center must serve as a liaison 
  7.34  between the public, educational 
  7.35  institutions, and public safety 
  7.36  professionals for purposes of 
  7.37  conducting research to document the 
  7.38  effectiveness and efficiency of current 
  7.39  programs and exploring new methods for 
  7.40  improving public safety. 
  7.41  Sec. 11.  TRADE AND    
  7.42  ECONOMIC DEVELOPMENT                        -0-         50,000 
  7.43  $50,000 is a one-time appropriation for 
  7.44  the board of invention to make grants 
  7.45  to encourage the efforts of persons 
  7.46  seeking inventive solutions to issues 
  7.47  involving law enforcement and crime 
  7.48  prevention. 
  7.49  Sec. 12.  ADMINISTRATION                    -0-        200,000
  7.50  $200,000 is a one-time appropriation to 
  7.51  conduct the pretrial release study 
  7.52  described in article 6, section 19.  
  7.53  Sec. 13.  LEGISLATIVE COORDINATING 
  7.54  COMMISSION                                  -0-         10,000
  7.55  $10,000 is a one-time appropriation for 
  7.56  compensation and expenses for the 
  7.57  members of the:  (1) task force on 
  8.1   sexually dangerous persons/persons with 
  8.2   psychopathic personalities created in 
  8.3   article 5, section 11; and (2) task 
  8.4   force on the guilty but mentally ill 
  8.5   verdict created in article 6, section 
  8.6   23.  This sum is available the day 
  8.7   following final enactment. 
  8.8   Sec. 14.  HUMAN RIGHTS                                        
  8.9   The commissioner of human rights may 
  8.10  transfer staff and money appropriated 
  8.11  for staffing within the department as 
  8.12  the commissioner sees fit. 
  8.13                             ARTICLE 2
  8.14           CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
  8.15     Section 1.  Minnesota Statutes 1997 Supplement, section 
  8.16  168.042, subdivision 11a, is amended to read: 
  8.17     Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
  8.18  PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
  8.19  vehicles reinstates a person's registration plates after 
  8.20  impoundment for reasons other than those described in 
  8.21  subdivision 11, the registrar shall charge the person $25 $50 
  8.22  for each vehicle for which the registration plates are being 
  8.23  reinstated.  Money raised under this subdivision must be paid 
  8.24  into the state treasury and credited to the highway user tax 
  8.25  distribution fund. 
  8.26     Sec. 2.  Minnesota Statutes 1996, section 168.042, 
  8.27  subdivision 12, is amended to read: 
  8.28     Subd. 12.  [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 
  8.29  violator or registered owner may apply to the commissioner for 
  8.30  new registration plates, which must bear a special series of 
  8.31  numbers or letters so as to be readily identified by traffic law 
  8.32  enforcement officers.  The commissioner may authorize the 
  8.33  issuance of special plates if: 
  8.34     (1) the violator has a qualified licensed driver whom the 
  8.35  violator must identify; 
  8.36     (2) the violator or registered owner has a limited license 
  8.37  issued under section 171.30; 
  8.38     (3) the registered owner is not the violator and the 
  8.39  registered owner has a valid or limited driver's license; or 
  8.40     (4) a member of the registered owner's household has a 
  9.1   valid driver's license. 
  9.2   The commissioner may issue the special plates on payment of a 
  9.3   $25 $50 fee for each vehicle for which special plates are 
  9.4   requested. 
  9.5      Sec. 3.  Minnesota Statutes 1996, section 168.042, 
  9.6   subdivision 15, is amended to read: 
  9.7      Subd. 15.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
  9.8   collected from the sale or reinstatement of license plates under 
  9.9   this section must be paid into the state treasury and 
  9.10  credited one-half to the highway user tax distribution fund and 
  9.11  one-half to the general fund. 
  9.12     Sec. 4.  [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 
  9.13  PROGRAM.] 
  9.14     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  9.15  following terms have the meanings given. 
  9.16     (a) "Breath analyzer unit" means a device that performs 
  9.17  breath alcohol testing and is connected to a remote electronic 
  9.18  alcohol monitoring system. 
  9.19     (b) "Remote electronic alcohol monitoring system" means a 
  9.20  system that electronically monitors the alcohol concentration of 
  9.21  individuals in their homes or other locations to ensure 
  9.22  compliance with conditions of pretrial release, supervised 
  9.23  release, or probation. 
  9.24     Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
  9.25  conference of chief judges, the state court administrator, and 
  9.26  the commissioner of public safety, the commissioner of 
  9.27  corrections shall establish a program to use breath analyzer 
  9.28  units to monitor DWI offenders who are ordered to abstain from 
  9.29  alcohol use as a condition of pretrial release, supervised 
  9.30  release, or probation.  The program must include procedures to 
  9.31  ensure that violators of this condition of release receive swift 
  9.32  consequences for the violation. 
  9.33     Subd. 3.  [COSTS OF PROGRAM.] Offenders who are ordered to 
  9.34  participate in the program shall also be ordered to pay the per 
  9.35  diem cost of the monitoring unless the offender is indigent.  
  9.36  The commissioner of corrections shall reimburse the judicial 
 10.1   districts in a manner proportional to their use of remote 
 10.2   electronic alcohol monitoring for any costs the districts incur 
 10.3   in participating in the program.  
 10.4      Subd. 4.  [REPORT REQUIRED.] After five years, the 
 10.5   commissioner of corrections shall evaluate the effectiveness of 
 10.6   the program and report the results of this evaluation to the 
 10.7   conference of chief judges, the state court administrator, the 
 10.8   commissioner of public safety, and the chairs of the house and 
 10.9   senate committees and divisions having jurisdiction over 
 10.10  criminal justice policy and funding. 
 10.11     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 10.12  171.29, subdivision 2, is amended to read: 
 10.13     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 10.14  license has been revoked as provided in subdivision 1, except 
 10.15  under section 169.121 or 169.123, shall pay a $30 fee before the 
 10.16  driver's license is reinstated. 
 10.17     (b) A person whose driver's license has been revoked as 
 10.18  provided in subdivision 1 under section 169.121 or 169.123 shall 
 10.19  pay a $250 fee plus a $10 $40 surcharge before the driver's 
 10.20  license is reinstated.  The $250 fee is to be credited as 
 10.21  follows: 
 10.22     (1) Twenty percent shall be credited to the trunk highway 
 10.23  fund. 
 10.24     (2) Fifty-five percent shall be credited to the general 
 10.25  fund. 
 10.26     (3) Eight percent shall be credited to a separate account 
 10.27  to be known as the bureau of criminal apprehension account.  
 10.28  Money in this account may be appropriated to the commissioner of 
 10.29  public safety and the appropriated amount shall be apportioned 
 10.30  80 percent for laboratory costs and 20 percent for carrying out 
 10.31  the provisions of section 299C.065. 
 10.32     (4) Twelve percent shall be credited to a separate account 
 10.33  to be known as the alcohol-impaired driver education account.  
 10.34  Money in the account is appropriated as follows: 
 10.35     (i) The first $200,000 in a fiscal year is to the 
 10.36  commissioner of children, families, and learning for programs in 
 11.1   elementary and secondary schools. 
 11.2      (ii) The remainder credited in a fiscal year is 
 11.3   appropriated to the commissioner of transportation to be spent 
 11.4   as grants to the Minnesota highway safety center at St. Cloud 
 11.5   State University for programs relating to alcohol and highway 
 11.6   safety education in elementary and secondary schools. 
 11.7      (5) Five percent shall be credited to a separate account to 
 11.8   be known as the traumatic brain injury and spinal cord injury 
 11.9   account.  $100,000 is annually appropriated from the account to 
 11.10  the commissioner of human services for traumatic brain injury 
 11.11  case management services.  The remaining money in the account is 
 11.12  annually appropriated to the commissioner of health to establish 
 11.13  and maintain the traumatic brain injury and spinal cord injury 
 11.14  registry created in section 144.662 and to reimburse the 
 11.15  commissioner of economic security for the reasonable cost of 
 11.16  services provided under section 268A.03, clause (o). 
 11.17     (c) The $10 $40 surcharge shall be credited to a separate 
 11.18  account to be known as the remote electronic alcohol monitoring 
 11.19  pilot program account.  The commissioner shall transfer the 
 11.20  balance of this account to the commissioner of finance on a 
 11.21  monthly basis for deposit in the general fund. 
 11.22     Sec. 6.  [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 
 11.23     A community-based organization, in collaboration with a 
 11.24  local governmental unit, may establish a restorative justice 
 11.25  program.  A restorative justice program is a program that 
 11.26  provides forums where certain individuals charged with or 
 11.27  petitioned for having committed an offense meet with the victim, 
 11.28  if appropriate; the victim's family members or other supportive 
 11.29  persons, if appropriate; the offender's family members or other 
 11.30  supportive persons, if appropriate; a law enforcement official 
 11.31  or prosecutor when appropriate; other criminal justice system 
 11.32  professionals when appropriate; and members of the community, in 
 11.33  order to: 
 11.34     (1) discuss the impact of the offense on the victim and the 
 11.35  community; 
 11.36     (2) provide support to the victim and methods for 
 12.1   reintegrating the victim into community life; 
 12.2      (3) assign an appropriate sanction to the offender; and 
 12.3      (4) provide methods for reintegrating the offender into 
 12.4   community life. 
 12.5      Sec. 7.  Laws 1996, chapter 408, article 2, section 16, is 
 12.6   amended to read: 
 12.7      Sec. 16.  [REPEALER.] 
 12.8      (a) Minnesota Statutes 1994, section 299A.60, is repealed. 
 12.9      (b) Section 1 is repealed January July 1, 2002 1999. 
 12.10     Sec. 8.  [AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT PROGRAM.] 
 12.11     (a) As used in this section, "local law enforcement agency" 
 12.12  includes the capitol complex security division of the department 
 12.13  of public safety. 
 12.14     (b) The commissioner of public safety shall administer a 
 12.15  grant program to provide grants to local law enforcement 
 12.16  agencies to purchase automatic external defibrillators.  Grants 
 12.17  awarded under this section may only be made to law enforcement 
 12.18  agencies that are first responders for medical emergencies.  Law 
 12.19  enforcement agencies that receive grants under this section must:
 12.20     (1) provide any necessary training to their employees 
 12.21  concerning the use of the defibrillator; 
 12.22     (2) retain or consult with a physician consultant who is 
 12.23  responsible for assisting the agency with issues involving the 
 12.24  defibrillator and following up on the medical status of persons 
 12.25  on whom a defibrillator has been used; and 
 12.26     (3) compile statistics on the use of the defibrillator and 
 12.27  its results and report this information to the commissioner as 
 12.28  required. 
 12.29     (c) By January 15, 1999, the commissioner shall report to 
 12.30  the chairs of the senate and house divisions having jurisdiction 
 12.31  over criminal justice funding on grants awarded under paragraph 
 12.32  (b). 
 12.33     Sec. 9.  [BREAKING THE CYCLE OF VIOLENCE PILOT PROJECT.] 
 12.34     (a) Ramsey county shall establish a one-year pilot project 
 12.35  providing intensive intervention to families who have been 
 12.36  involved in the violent drug culture.  The pilot project must be 
 13.1   divided into three phases.  Phase I must provide up to 90 days 
 13.2   of intensive residential services as an alternative to the 
 13.3   incarceration of adult women and out-of-home placement of their 
 13.4   children.  Phase II must involve placement in a transitional 
 13.5   housing program.  Phase III must involve reintegration into 
 13.6   neighborhood living and responsible citizenship with the 
 13.7   assistance of community-based neighborhood organizations that 
 13.8   are recruited by project staff.  Case management for families 
 13.9   and weekly urine analysis for the adult women must be provided 
 13.10  throughout the project.  
 13.11     (b) By January 15, 2000, Ramsey county shall report to the 
 13.12  chairs of the senate and house divisions having jurisdiction 
 13.13  over criminal justice funding on the results of the pilot 
 13.14  project. 
 13.15     Sec. 10.  [STUDY OF THE USE OF BIOMETRICS IN LAW 
 13.16  ENFORCEMENT.] 
 13.17     Subdivision 1.  [STUDY REQUIRED.] The commissioner of 
 13.18  public safety shall study the use of biometrics in law 
 13.19  enforcement.  The study must evaluate potential uses for 
 13.20  biometrics in such areas as the enforcement of laws prohibiting 
 13.21  the purchase of alcohol and tobacco products by underaged 
 13.22  persons, deployment in peace officer squad cars, crime 
 13.23  prevention efforts, and other innovative law enforcement 
 13.24  applications.  In addition, the study must evaluate the costs 
 13.25  associated with these potential uses. 
 13.26     Subd. 2.  [REPORT.] By January 15, 1999, the commissioner 
 13.27  shall report to the chairs of the senate and house committees 
 13.28  and divisions having jurisdiction over criminal justice policy 
 13.29  and funding on the results of the study. 
 13.30                             ARTICLE 3
 13.31                      GENERAL CRIME PROVISIONS
 13.32     Section 1.  [609.5631] [ARSON IN THE FOURTH DEGREE.] 
 13.33     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 13.34  section, the following terms have the meanings given. 
 13.35     (b) "Multiple unit residential building" means a building 
 13.36  containing two or more apartments. 
 14.1      (c) "Public building" means a building such as a hotel, 
 14.2   hospital, motel, dormitory, sanitarium, nursing home, theater, 
 14.3   stadium, gymnasium, amusement park building, school or other 
 14.4   building used for educational purposes, museum, restaurant, bar, 
 14.5   correctional institution, place of worship, or other building of 
 14.6   public assembly. 
 14.7      Subd. 2.  [CRIME DESCRIBED.] Whoever intentionally by means 
 14.8   of fire or explosives sets fire to or burns or causes to be 
 14.9   burned any real or personal property in a multiple unit 
 14.10  residential building or public building is guilty of a gross 
 14.11  misdemeanor and may be sentenced to imprisonment for not more 
 14.12  than one year or to payment of a fine of not more than $3,000, 
 14.13  or both. 
 14.14     Sec. 2.  [609.5632] [ARSON IN THE FIFTH DEGREE.] 
 14.15     Whoever intentionally by means of fire or explosives sets 
 14.16  fire to or burns or causes to be burned any real or personal 
 14.17  property of value is guilty of a misdemeanor and may be 
 14.18  sentenced to imprisonment for not more than 90 days or to 
 14.19  payment of a fine of not more than $700, or both. 
 14.20     Sec. 3.  [REPEALER.] 
 14.21     Minnesota Statutes 1996, section 609.563, subdivision 2, is 
 14.22  repealed. 
 14.23     Sec. 4.  [EFFECTIVE DATE.] 
 14.24     Sections 1 to 3 are effective August 1, 1998, and apply to 
 14.25  crimes committed on or after that date. 
 14.26                             ARTICLE 4
 14.27                            CORRECTIONS
 14.28     Section 1.  Minnesota Statutes 1996, section 3.739, 
 14.29  subdivision 1, is amended to read: 
 14.30     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
 14.31  arising out of the circumstances described in this subdivision 
 14.32  shall be presented to, heard, and determined as provided in 
 14.33  subdivision 2: 
 14.34     (1) an injury to or death of an inmate of a state, 
 14.35  regional, or local correctional facility or county jail who has 
 14.36  been conditionally released and ordered to perform uncompensated 
 15.1   work for a state agency, a political subdivision or public 
 15.2   corporation of this state, a nonprofit educational, medical, or 
 15.3   social service agency, or a private business or individual, as a 
 15.4   condition of the release, while performing the work; 
 15.5      (2) an injury to or death of a person sentenced by a court, 
 15.6   granted a suspended sentence by a court, or subject to a court 
 15.7   disposition order, and who, under court order, is performing 
 15.8   work (a) in restitution, (b) in lieu of or to work off fines or 
 15.9   court ordered costs, (c) in lieu of incarceration, or (d) as a 
 15.10  term or condition of a sentence, suspended sentence, or 
 15.11  disposition order, while performing the work; 
 15.12     (3) an injury to or death of a person, who has been 
 15.13  diverted from the court system and who is performing work as 
 15.14  described in paragraph (1) or (2) under a written agreement 
 15.15  signed by the person, and if a juvenile, by a parent or 
 15.16  guardian; or 
 15.17     (4) an injury to or death of any person caused by an 
 15.18  individual who was performing work as described in paragraph 
 15.19  (1), (2), or (3); or 
 15.20     (5) necessary medical care of offenders sentenced to the 
 15.21  Camp Ripley work program described in section 241.277. 
 15.22     Sec. 2.  Minnesota Statutes 1996, section 241.01, 
 15.23  subdivision 7, is amended to read: 
 15.24     Subd. 7.  [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 
 15.25  commissioner of corrections may authorize and permit public or 
 15.26  private social service, educational, or rehabilitation agencies 
 15.27  or organizations, and their clients; or lawyers, insurance 
 15.28  companies, or others; to use the facilities, staff, and other 
 15.29  resources of correctional facilities under the commissioner's 
 15.30  control and may require the participating agencies or 
 15.31  organizations to pay all or part of the costs thereof.  All sums 
 15.32  of money received pursuant to the agreements herein authorized 
 15.33  shall not cancel until the end of the fiscal year immediately 
 15.34  following the fiscal year in which the funds were received.  The 
 15.35  funds are available for use by the commissioner during that 
 15.36  period, and are hereby appropriated annually to the commissioner 
 16.1   of corrections for the purposes of this subdivision. 
 16.2      The commissioner may provide meals for staff and visitors 
 16.3   for efficiency of operation and may require the participants to 
 16.4   pay all or part of the costs of the meals.  All sums of money 
 16.5   received under this provision are appropriated to the 
 16.6   commissioner and shall not cancel until the end of the fiscal 
 16.7   year immediately following the fiscal year in which the funds 
 16.8   were received.  
 16.9      Sec. 3.  Minnesota Statutes 1996, section 241.01, is 
 16.10  amended by adding a subdivision to read: 
 16.11     Subd. 9.  [LEASES FOR CORRECTIONAL FACILITY 
 16.12  PROPERTY.] Money collected as rent under section 16B.24, 
 16.13  subdivision 5, for state property at any of the correctional 
 16.14  facilities administered by the commissioner of corrections is 
 16.15  appropriated to the commissioner and is dedicated to the 
 16.16  correctional facility from which it is generated.  Any balance 
 16.17  remaining at the end of the fiscal year shall not cancel and is 
 16.18  available until expended.  
 16.19     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
 16.20  241.277, subdivision 6, is amended to read: 
 16.21     Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
 16.22  court to the work program must serve a minimum of two-thirds of 
 16.23  the pronounced sentence unless the offender is terminated from 
 16.24  the program and remanded to the custody of the sentencing court 
 16.25  as provided in subdivision 7.  The offender may be required to 
 16.26  remain at the program beyond the minimum sentence for any period 
 16.27  up to the full sentence if the offender violates disciplinary 
 16.28  rules.  An offender whose program completion occurs on a 
 16.29  Saturday, Sunday, or holiday shall be allowed to return to the 
 16.30  community on the last day before the completion date that is not 
 16.31  a Saturday, Sunday, or holiday.  If the offender's stay in the 
 16.32  program was extended due to a violation of the disciplinary 
 16.33  rules and the offender's day of completion is a Saturday, 
 16.34  Sunday, or holiday, the offender shall not be allowed to return 
 16.35  to the community until the day following that is not a Saturday, 
 16.36  Sunday, or holiday. 
 17.1      Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 17.2   241.277, is amended by adding a subdivision to read: 
 17.3      Subd. 6a.  [FURLOUGHS.] The commissioner may furlough an 
 17.4   offender for up to three days in the event of the death of a 
 17.5   family member or spouse.  If the commissioner determines that 
 17.6   the offender requires serious and immediate medical attention, 
 17.7   the commissioner may grant furloughs of up to three days to 
 17.8   provide appropriate health care. 
 17.9      Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 17.10  241.277, subdivision 9, is amended to read: 
 17.11     Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
 17.12  to the program must pay 25 percent of the per diem expenses for 
 17.13  the offender.  Per diem money received from the counties are 
 17.14  appropriated to the commissioner of corrections for program 
 17.15  expenses.  Sums of money received by the commissioner under this 
 17.16  subdivision shall not cancel until the end of the fiscal year 
 17.17  immediately following the fiscal year in which the funds were 
 17.18  received by the commissioner.  The commissioner is responsible 
 17.19  for all other costs associated with the placement of offenders 
 17.20  in the program, including, but not limited to, the remaining per 
 17.21  diem expenses and the full cost of transporting offenders to and 
 17.22  from the program.  Costs of medical care must be paid according 
 17.23  to the provisions of section 3.739. 
 17.24     Sec. 7.  [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 
 17.25  COUNTY JAIL INMATES.] 
 17.26     The commissioner of corrections, in the interest of inmate 
 17.27  rehabilitation, may enter into interagency agreements with 
 17.28  state, county, or municipal agencies, or contract with nonprofit 
 17.29  agencies to fund or partially fund the cost of programs that use 
 17.30  state or county jail inmates as a work force.  The commissioner 
 17.31  is authorized to receive and deposit funds via these agreements 
 17.32  into the special revenue fund.  The funds are appropriated to 
 17.33  partially or fully support those programs.  The commissioner may 
 17.34  establish separate inmate accounts within those programs. 
 17.35     Sec. 8.  Minnesota Statutes 1996, section 242.32, 
 17.36  subdivision 1, is amended to read: 
 18.1      Subdivision 1.  [COMMUNITY-BASED PROGRAMMING.] The 
 18.2   commissioner of corrections shall be charged with the duty of 
 18.3   developing constructive programs for the prevention and decrease 
 18.4   of delinquency and crime among youth.  To that end, the 
 18.5   commissioner shall cooperate with counties and existing agencies 
 18.6   to encourage the establishment of new programming, both local 
 18.7   and statewide, to provide a continuum of services for serious 
 18.8   and repeat juvenile offenders who do not require secure 
 18.9   placement.  The commissioner shall work jointly with the 
 18.10  commissioner of human services and counties and municipalities 
 18.11  to develop and provide community-based services for residential 
 18.12  placement of juvenile offenders and community-based services for 
 18.13  nonresidential programming for juvenile offenders and their 
 18.14  families.  
 18.15     Notwithstanding any law to the contrary, the commissioner 
 18.16  is authorized to contract with counties placing juveniles in the 
 18.17  serious/chronic program, PREPARE, at the Minnesota Correctional 
 18.18  Facility-Red Wing to provide necessary extended community 
 18.19  transition programming.  Funds resulting from the contracts 
 18.20  shall be deposited in the state treasury and are appropriated to 
 18.21  the commissioner for juvenile correctional purposes. 
 18.22     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
 18.23  401.13, is amended to read: 
 18.24     401.13 [CHARGES MADE TO COUNTIES.] 
 18.25     Each participating county will be charged a sum equal to 
 18.26  the actual per diem cost of confinement, excluding education 
 18.27  costs, of those juveniles committed to the commissioner and 
 18.28  confined in a state correctional facility.  The commissioner 
 18.29  shall annually determine costs making necessary adjustments to 
 18.30  reflect the actual costs of confinement.  The commissioner of 
 18.31  corrections shall bill the counties and deposit the receipts 
 18.32  from the counties in the general fund.  All charges shall be a 
 18.33  charge upon the county of commitment. 
 18.34     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 18.35  609.113, subdivision 3, is amended to read: 
 18.36     Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
 19.1   ineligible to be sentenced to the work program if: 
 19.2      (1) the court determines that the person has a debilitating 
 19.3   chemical dependency or serious mental health problem or the 
 19.4   person has a serious and chronic condition requiring ongoing and 
 19.5   continuous medical monitoring and treatment by a medical 
 19.6   professional; or 
 19.7      (2) the person has been convicted of a nonviolent felony or 
 19.8   gross misdemeanor offense after having initially been charged 
 19.9   with committing a crime against the person. 
 19.10     Sec. 11.  Laws 1997, chapter 239, article 1, section 12, 
 19.11  subdivision 2, is amended to read: 
 19.12  Subd. 2.  Correctional 
 19.13  Institutions  
 19.14     179,965,000    189,823,000
 19.15  The commissioner may expend federal 
 19.16  grant money in an amount up to 
 19.17  $1,000,000 to supplement the renovation 
 19.18  of the buildings at the Brainerd 
 19.19  regional center for use as a 
 19.20  correctional facility. 
 19.21  The commissioner may not open the 
 19.22  Brainerd facility on or after May 1, 
 19.23  1999. 
 19.24  If the commissioner deems it necessary 
 19.25  to reduce staff positions during the 
 19.26  biennium ending June 30, 1999, the 
 19.27  commissioner must reduce at least the 
 19.28  same percentage of management and 
 19.29  supervisory personnel as line and 
 19.30  support personnel in order to ensure 
 19.31  employee safety, inmate safety, and 
 19.32  facility security. 
 19.33  During the biennium ending June 30, 
 19.34  1999, if it is necessary to reduce 
 19.35  services or staffing within a 
 19.36  correctional facility, the commissioner 
 19.37  or the commissioner's designee shall 
 19.38  meet with affected exclusive 
 19.39  representatives.  The commissioner 
 19.40  shall make every reasonable effort to 
 19.41  retain correctional officer and prison 
 19.42  industry employees should reductions be 
 19.43  necessary. 
 19.44  During the biennium ending June 30, 
 19.45  1999, the commissioner must consider 
 19.46  ways to reduce the per diem in adult 
 19.47  correctional facilities.  As part of 
 19.48  this consideration, the commissioner 
 19.49  must consider reduction in management 
 19.50  and supervisory personnel levels in 
 19.51  addition to line staff levels within 
 19.52  adult correctional institutions, 
 19.53  provided this objective can be 
 19.54  accomplished without compromising 
 20.1   safety and security. 
 20.2   The commissioner shall develop criteria 
 20.3   to designate geriatric and disabled 
 20.4   inmates eligible for transfer to 
 20.5   nursing facilities, including 
 20.6   state-operated facilities.  Upon 
 20.7   certification by the commissioner that 
 20.8   a nursing facility can meet necessary 
 20.9   security requirements, the commissioner 
 20.10  may contract with the facility for the 
 20.11  placement and housing of eligible 
 20.12  geriatric and disabled inmates.  
 20.13  Inmates placed in a nursing facility 
 20.14  must meet the criteria specified in 
 20.15  Minnesota Statutes, section 244.05, 
 20.16  subdivision 8, and are considered to be 
 20.17  on conditional medical release. 
 20.18  $700,000 the first year and $1,500,000 
 20.19  the second year are to operate a work 
 20.20  program at Camp Ripley under Minnesota 
 20.21  Statutes, section 241.277. 
 20.22     Sec. 12.  Laws 1997, chapter 239, article 1, section 12, 
 20.23  subdivision 3, is amended to read: 
 20.24  Subd. 3.  Juvenile Services
 20.25      17,070,000     17,790,000 
 20.26  $500,000 each year is to plan for and 
 20.27  establish a weekend camp program at 
 20.28  Camp Ripley designed for first- or 
 20.29  second-time male juvenile offenders 
 20.30  ages 11 to 14.  The commissioner shall 
 20.31  develop eligibility standards for the 
 20.32  program.  The camp shall be a highly 
 20.33  structured program and teach work 
 20.34  skills, such as responsibility, 
 20.35  organization, time management, and 
 20.36  follow-through.  The juvenile offenders 
 20.37  will each develop a community service 
 20.38  plan that will be implemented upon 
 20.39  return to the community.  The program 
 20.40  shall receive referrals from youth 
 20.41  service agencies, police, school 
 20.42  officials, parents, and the courts.  By 
 20.43  January 15, 1998, the commissioner 
 20.44  shall report to the chairs of the house 
 20.45  and senate criminal justice funding 
 20.46  divisions a proposed budget for this 
 20.47  camp program for the second year of the 
 20.48  fiscal biennium and shall include a 
 20.49  description of the proposed outcomes 
 20.50  for the program. 
 20.51  $100,000 the first year is to conduct 
 20.52  planning for and evaluation of 
 20.53  additional camp programs and aftercare 
 20.54  services for juvenile offenders, 
 20.55  including, but not limited to, the 
 20.56  Vision Quest program and a three-week 
 20.57  work camp. 
 20.58  $500,000 the first year is to renovate 
 20.59  two cottages at the Minnesota 
 20.60  correctional facility-Red Wing.  
 20.61  $1,021,000 the second year is to 
 21.1   transfer the sex offender program from 
 21.2   the Minnesota correctional 
 21.3   facility-Sauk Centre and operate it at 
 21.4   the Minnesota correctional facility-Red 
 21.5   Wing. 
 21.6   $333,000 the second year is for housing 
 21.7   and programming for female juvenile 
 21.8   offenders committed to the commissioner 
 21.9   of corrections. 
 21.10  $130,000 the first year and $130,000 
 21.11  the second year are to improve 
 21.12  aftercare services for juveniles 
 21.13  released from correctional facilities 
 21.14  by adding two professional and one 
 21.15  clerical positions. 
 21.16  The commissioner shall design the 
 21.17  juvenile support network to provide 
 21.18  aftercare services for these 
 21.19  offenders.  The network must coordinate 
 21.20  support services in the community for 
 21.21  returning juveniles.  Counties, 
 21.22  communities, and schools must develop 
 21.23  and implement the network.  The 
 21.24  commissioner shall require aftercare 
 21.25  programs to be incorporated into 
 21.26  Community Corrections Act plans. 
 21.27     Sec. 13.  Laws 1997, chapter 239, article 1, section 12, 
 21.28  subdivision 4, is amended to read: 
 21.29  Subd. 4.  Community Services 
 21.30      80,387,000     84,824,000 
 21.31  $225,000 each year is for school-based 
 21.32  probation pilot programs.  Of this 
 21.33  amount, $150,000 each year is for 
 21.34  Dakota county and $75,000 each year is 
 21.35  for Anoka county.  This is a one-time 
 21.36  appropriation. 
 21.37  $50,000 each year is for the Ramsey 
 21.38  county enhanced probation pilot 
 21.39  project.  The appropriation may not be 
 21.40  used to supplant law enforcement or 
 21.41  county probation officer positions, or 
 21.42  correctional services or programs.  
 21.43  This is a one-time appropriation. 
 21.44  $200,000 the first year is for the gang 
 21.45  intervention pilot project.  This is a 
 21.46  one-time appropriation. 
 21.47  $50,000 the first year and $50,000 the 
 21.48  second year are for grants to local 
 21.49  communities to establish and implement 
 21.50  pilot project restorative justice 
 21.51  programs. 
 21.52  $95,000 the first year is for the 
 21.53  Dakota county family group conferencing 
 21.54  pilot project established in Laws 1996, 
 21.55  chapter 408, article 2, section 9.  
 21.56  This is a one-time appropriation. 
 21.57  All money received by the commissioner 
 21.58  of corrections pursuant to the domestic 
 22.1   abuse investigation fee under Minnesota 
 22.2   Statutes, section 609.2244, is 
 22.3   available for use by the commissioner 
 22.4   and is appropriated annually to the 
 22.5   commissioner of corrections for costs 
 22.6   related to conducting the 
 22.7   investigations. 
 22.8   $750,000 each year is for an increase 
 22.9   in community corrections act subsidy 
 22.10  funding.  The funding shall be 
 22.11  distributed according to the community 
 22.12  corrections aid formula in Minnesota 
 22.13  Statutes, section 401.10. 
 22.14  $4,000,000 the second year is for 
 22.15  juvenile residential treatment grants 
 22.16  to counties to defray the cost of 
 22.17  juvenile delinquent residential 
 22.18  treatment.  Eighty percent of this 
 22.19  appropriation must be distributed to 
 22.20  noncommunity corrections act counties 
 22.21  and 20 percent must be distributed to 
 22.22  community corrections act counties.  
 22.23  The commissioner shall distribute the 
 22.24  money according to the formula 
 22.25  contained in Minnesota Statutes, 
 22.26  section 401.10.  By January 15, 
 22.27  counties must submit a report to the 
 22.28  commissioner describing the purposes 
 22.29  for which the grants were used. 
 22.30  $60,000 the first year and $60,000 the 
 22.31  second year are for the electronic 
 22.32  alcohol monitoring of DWI and domestic 
 22.33  abuse offenders pilot program. 
 22.34  $123,000 each year shall be distributed 
 22.35  to the Dodge-Fillmore-Olmsted community 
 22.36  corrections agency and $124,000 each 
 22.37  year shall be distributed to the 
 22.38  Arrowhead regional corrections agency 
 22.39  for use in a pilot project to expand 
 22.40  the agencies' productive day initiative 
 22.41  programs, as defined in Minnesota 
 22.42  Statutes, section 241.275, to include 
 22.43  juvenile offenders who are 16 years of 
 22.44  age and older.  This is a one-time 
 22.45  appropriation. 
 22.46  $2,000,000 the first year and 
 22.47  $2,000,000 the second year are for a 
 22.48  statewide probation and supervised 
 22.49  release caseload and workload reduction 
 22.50  grant program.  Counties that deliver 
 22.51  correctional services through Minnesota 
 22.52  Statutes, chapter 260, and that qualify 
 22.53  for new probation officers under this 
 22.54  program shall receive full 
 22.55  reimbursement for the officers' 
 22.56  salaries and reimbursement for the 
 22.57  officers' benefits and support as set 
 22.58  forth in the probations standards task 
 22.59  force report, not to exceed $70,000 per 
 22.60  officer annually.  Positions funded by 
 22.61  this appropriation may not supplant 
 22.62  existing services.  Position control 
 22.63  numbers for these positions must be 
 22.64  annually reported to the commissioner 
 22.65  of corrections. 
 23.1   The commissioner shall distribute money 
 23.2   appropriated for state and county 
 23.3   probation officer caseload and workload 
 23.4   reduction, increased intensive 
 23.5   supervised release and probation 
 23.6   services, and county probation officer 
 23.7   reimbursement according to the formula 
 23.8   contained in Minnesota Statutes, 
 23.9   section 401.10.  These appropriations 
 23.10  may not be used to supplant existing 
 23.11  state or county probation officer 
 23.12  positions or existing correctional 
 23.13  services or programs.  The money 
 23.14  appropriated under this provision is 
 23.15  intended to reduce state and county 
 23.16  probation officer caseload and workload 
 23.17  overcrowding and to increase 
 23.18  supervision of individuals sentenced to 
 23.19  probation at the county level.  This 
 23.20  increased supervision may be 
 23.21  accomplished through a variety of 
 23.22  methods, including but not limited to:  
 23.23  (1) innovative technology services, 
 23.24  such as automated probation reporting 
 23.25  systems and electronic monitoring; (2) 
 23.26  prevention and diversion programs; (3) 
 23.27  intergovernmental cooperation 
 23.28  agreements between local governments 
 23.29  and appropriate community resources; 
 23.30  and (4) traditional probation program 
 23.31  services. 
 23.32  $700,000 the first year and $700,000 
 23.33  the second year are for grants to 
 23.34  judicial districts for the 
 23.35  implementation of innovative projects 
 23.36  to improve the administration of 
 23.37  justice, including, but not limited to, 
 23.38  drug courts, night courts, community 
 23.39  courts, family courts, and projects 
 23.40  emphasizing early intervention and 
 23.41  coordination of justice system 
 23.42  resources in the resolution of cases.  
 23.43  Of this amount, up to $25,000 may be 
 23.44  used to develop a gun education 
 23.45  curriculum under article 2.  This is a 
 23.46  one-time appropriation. 
 23.47  During fiscal year 1998, up to $500,000 
 23.48  of unobligated funds available under 
 23.49  Minnesota Statutes, section 401.10, 
 23.50  subdivision 2, from fiscal year 1997 
 23.51  may be used for a court services 
 23.52  tracking system for the counties.  
 23.53  Notwithstanding Minnesota Statutes, 
 23.54  section 401.10, subdivision 2, these 
 23.55  funds are available for use in any 
 23.56  county using the court services 
 23.57  tracking system. 
 23.58  Before the commissioner uses money that 
 23.59  would otherwise cancel to the general 
 23.60  fund for the court services tracking 
 23.61  system, the proposal for the system 
 23.62  must be reviewed by the criminal and 
 23.63  juvenile justice information policy 
 23.64  group. 
 23.65  $52,500 of the amount appropriated to 
 23.66  the commissioner in Laws 1995, chapter 
 23.67  226, article 1, section 11, subdivision 
 24.1   3, for the criterion-related 
 24.2   cross-validation study is available 
 24.3   until January 1, 1998.  The study must 
 24.4   be completed by January 1, 1998. 
 24.5      Sec. 14.  [EFFECTIVE DATE.] 
 24.6      Sections 1 to 8 and 10 to 12 are effective the day 
 24.7   following final enactment. 
 24.8                              ARTICLE 5
 24.9         LAW ENFORCEMENT, PUBLIC SAFETY, AND DATA COLLECTION
 24.10     Section 1.  Minnesota Statutes 1996, section 12.09, is 
 24.11  amended by adding a subdivision to read: 
 24.12     Subd. 9.  [VOLUNTEER RESOURCES COORDINATION.] The division 
 24.13  shall provide ongoing coordination of a network of state, local, 
 24.14  and federal government agencies and private organizations to 
 24.15  ensure the smooth coordination of donations and volunteerism 
 24.16  during major disasters.  Duties include:  
 24.17     (1) hotline management, including training, staffing, 
 24.18  information distribution, and coordination with emergency 
 24.19  operations management; 
 24.20     (2) coordination between government and private relief 
 24.21  agencies; 
 24.22     (3) networking with volunteer organizations; 
 24.23     (4) locating resources for anticipated disaster needs and 
 24.24  making these resources available to local governments in a 
 24.25  database; 
 24.26     (5) training in disaster preparation; 
 24.27     (6) revising existing plans based on experience with 
 24.28  disasters and testing the plans with simulated disasters; and 
 24.29     (7) maintaining public information about disaster donations 
 24.30  and volunteerism. 
 24.31     Sec. 2.  Minnesota Statutes 1996, section 13.99, is amended 
 24.32  by adding a subdivision to read: 
 24.33     Subd. 90c.  [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 
 24.34  arson investigative data system are classified in section 
 24.35  299F.04, subdivision 3a.  
 24.36     Sec. 3.  Minnesota Statutes 1996, section 299C.06, is 
 24.37  amended to read: 
 25.1      299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
 25.2   COOPERATE.] 
 25.3      It shall be the duty of all sheriffs, chiefs of police, 
 25.4   city marshals, constables, prison wardens, superintendents of 
 25.5   insane hospitals, reformatories and correctional schools, 
 25.6   probation and parole officers, school attendance officers, 
 25.7   coroners, county attorneys, court clerks, the commissioner of 
 25.8   public safety, the commissioner of transportation, and the state 
 25.9   fire marshal to furnish to the division statistics and 
 25.10  information regarding the number of crimes reported and 
 25.11  discovered, arrests made, complaints, informations, and 
 25.12  indictments, filed and the disposition made of same, pleas, 
 25.13  convictions, acquittals, probations granted or 
 25.14  denied, conditional release information, receipts, transfers, 
 25.15  and discharges to and from prisons, reformatories, correctional 
 25.16  schools, and other institutions, paroles granted and revoked, 
 25.17  commutation of sentences and pardons granted and rescinded, and 
 25.18  all other data useful in determining the cause and amount of 
 25.19  crime in this state and to form a basis for the study of crime, 
 25.20  police methods, court procedure, and penal problems. Such 
 25.21  statistics and information shall be furnished upon the request 
 25.22  of the division and upon such forms as may be prescribed and 
 25.23  furnished by it.  The division shall have the power to inspect 
 25.24  and prescribe the form and substance of the records kept by 
 25.25  those officials from which the information is so furnished. 
 25.26     Sec. 4.  Minnesota Statutes 1996, section 299C.09, is 
 25.27  amended to read: 
 25.28     299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 
 25.29  AND INDEXES.] 
 25.30     The bureau shall install systems for identification of 
 25.31  criminals, including the fingerprint system, the modus operandi 
 25.32  system, the conditional release data system, and such others as 
 25.33  the superintendent deems proper.  The bureau shall keep a 
 25.34  complete record and index of all information received in 
 25.35  convenient form for consultation and comparison.  The bureau 
 25.36  shall obtain from wherever procurable and file for record finger 
 26.1   and thumb prints, measurements, photographs, plates, outline 
 26.2   pictures, descriptions, modus operandi statements, conditional 
 26.3   release information, or such other information as the 
 26.4   superintendent considers necessary, of persons who have been or 
 26.5   shall hereafter be convicted of a felony, gross misdemeanor, or 
 26.6   an attempt to commit a felony or gross misdemeanor, within the 
 26.7   state, or who are known to be habitual criminals.  To the extent 
 26.8   that the superintendent may determine it to be necessary, the 
 26.9   bureau shall obtain like information concerning persons 
 26.10  convicted of a crime under the laws of another state or 
 26.11  government, the central repository of this records system is the 
 26.12  bureau of criminal apprehension in St. Paul. 
 26.13     Sec. 5.  [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 
 26.14     Subdivision 1.  [DEFINITION.] As used in this section, 
 26.15  "conditional release" means probation, conditional release, and 
 26.16  supervised release. 
 26.17     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
 26.18  maintain a computerized data system for the purpose of assisting 
 26.19  criminal justice agencies in monitoring and enforcing the 
 26.20  conditions of conditional release imposed on criminal offenders 
 26.21  by a sentencing court or the commissioner of corrections.  The 
 26.22  data in the system are private data as defined in section 13.02, 
 26.23  subdivision 12, but are accessible to criminal justice agencies 
 26.24  as defined in section 13.02, subdivision 3a, and to criminal 
 26.25  justice agencies in other states in the conduct of their 
 26.26  official duties. 
 26.27     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
 26.28  criminal justice agencies may submit data to and obtain data 
 26.29  from the conditional release data system.  The commissioner of 
 26.30  corrections may require that any or all information be submitted 
 26.31  to the conditional release data system.  A consent to the 
 26.32  release of data in the conditional release data system from the 
 26.33  individual who is the subject of the data is not effective.  
 26.34     Subd. 4.  [RULES.] The bureau shall adopt rules to provide 
 26.35  for the orderly collection, entry, retrieval, and deletion of 
 26.36  data contained in the conditional release data system. 
 27.1      Sec. 6.  Minnesota Statutes 1996, section 299F.04, is 
 27.2   amended by adding a subdivision to read: 
 27.3      Subd. 3a.  [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 
 27.4   in this section, "criminal justice agency" means state and local 
 27.5   prosecution authorities, state and local law enforcement 
 27.6   agencies, local fire departments, and the office of state fire 
 27.7   marshal. 
 27.8      (b) The state fire marshal shall administer and maintain a 
 27.9   computerized arson investigative data system for the purpose of 
 27.10  assisting criminal justice agencies in the investigation and 
 27.11  prosecution of suspected arson violations.  This data system is 
 27.12  separate from the reporting system maintained by the department 
 27.13  of public safety under section 299F.05, subdivision 2.  The 
 27.14  system consists of data on individuals who are 14 years old or 
 27.15  older who law enforcement agencies determine are or may be 
 27.16  engaged in arson activity.  Notwithstanding section 260.161, 
 27.17  subdivision 3, data in the system on adults and juveniles may be 
 27.18  maintained together.  Data in the system must be submitted and 
 27.19  maintained as provided in this subdivision. 
 27.20     (c) Subject to the provisions of paragraph (d), a criminal 
 27.21  justice agency may submit the following data on suspected arson 
 27.22  violations to the arson investigative data system: 
 27.23     (1) the suspect's name, known aliases, if any, and other 
 27.24  identifying characteristics; 
 27.25     (2) the modus operandi used to commit the violation, 
 27.26  including means of ignition; 
 27.27     (3) any known motive for the violation; 
 27.28     (4) any other crimes committed as part of the same 
 27.29  behavioral incident; 
 27.30     (5) the address of the building, the building owner's 
 27.31  identity, and the building occupant's identity; and 
 27.32     (6) the name of the reporting agency and a contact person.  
 27.33  A criminal justice agency that reports data to the arson 
 27.34  investigative data system shall maintain records documenting the 
 27.35  data in its own records system for at least the time period 
 27.36  specified in paragraph (e). 
 28.1      (d) The state fire marshal shall maintain in the arson 
 28.2   investigative data system any of the data reported under 
 28.3   paragraph (c) that the fire marshal believes will assist in the 
 28.4   investigation and prosecution of arson cases.  In lieu of or in 
 28.5   connection with any of these data, the state fire marshal may 
 28.6   include in the data system a reference to the criminal justice 
 28.7   agency that originally reported the data, with a notation to 
 28.8   system users that the agency is the repository of more detailed 
 28.9   information on the particular suspected arson violation. 
 28.10     (e) Notwithstanding section 138.17, the state fire marshal 
 28.11  shall destroy data on juveniles entered into the system when 
 28.12  three years have elapsed since the data were entered into the 
 28.13  system, except as otherwise provided in this paragraph.  If the 
 28.14  fire marshal has information that, since entry of data into the 
 28.15  system, the juvenile has been convicted as an adult or has been 
 28.16  adjudicated or has a stayed adjudication as a juvenile for an 
 28.17  offense that would be a crime if committed by an adult, the data 
 28.18  must be maintained until three years have elapsed since the last 
 28.19  record of a conviction, adjudication, or stayed adjudication of 
 28.20  the individual.  Upon request of the criminal justice agency 
 28.21  that submitted data to the system, the state fire marshal shall 
 28.22  destroy the data regardless of whether three years have elapsed 
 28.23  since the data were entered into the system. 
 28.24     (f) Data in the arson investigative data system are 
 28.25  confidential data on individuals as defined in section 13.02, 
 28.26  subdivision 3, but are accessible to criminal justice agencies. 
 28.27     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
 28.28  363.073, subdivision 1, is amended to read: 
 28.29     Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
 28.30  agency of the state shall accept any bid or proposal for a 
 28.31  contract or agreement unless the firm or business has an 
 28.32  affirmative action plan submitted to the commissioner of human 
 28.33  rights for approval.  No department or agency of the state shall 
 28.34  execute any contract or agreement for goods or services in 
 28.35  excess of $100,000 with any business having more than 40 
 28.36  full-time employees, either within or outside this state 
 29.1   Minnesota or any other state, on a single working day during the 
 29.2   previous 12 months, unless the firm or business has an 
 29.3   affirmative action plan for the employment of minority persons, 
 29.4   women, and the disabled that has been approved by the 
 29.5   commissioner of human rights.  Receipt of a certificate of 
 29.6   compliance issued by the commissioner shall signify that a firm 
 29.7   or business has an affirmative action plan that has been 
 29.8   approved by the commissioner.  A certificate shall be valid for 
 29.9   a period of two years.  A municipality as defined in section 
 29.10  466.01, subdivision 1, that receives state money for any reason 
 29.11  is encouraged to prepare and implement an affirmative action 
 29.12  plan for the employment of minority persons, women, and the 
 29.13  disabled and submit the plan to the commissioner of human rights.
 29.14     Sec. 8.  Laws 1997, chapter 239, article 1, section 7, 
 29.15  subdivision 8, is amended to read: 
 29.16  Subd. 8.  Law Enforcement and Community Grants
 29.17       3,260,000      2,745,000 
 29.18  The appropriations in this subdivision 
 29.19  are one-time appropriations. 
 29.20  $2,250,000 each year is to provide 
 29.21  funding for: 
 29.22  (1) grants under Minnesota Statutes, 
 29.23  section 299A.62, subdivision 1, clause 
 29.24  (2), to enable local law enforcement 
 29.25  agencies to assign overtime officers to 
 29.26  high crime areas within their 
 29.27  jurisdictions.  These grants shall be 
 29.28  distributed as provided in subdivision 
 29.29  2 of that section.  Up to $23,000 may 
 29.30  be used to administer grants awarded 
 29.31  under this clause; and 
 29.32  (2) weed and seed grants under 
 29.33  Minnesota Statutes, section 299A.63.  
 29.34  This appropriation shall be divided in 
 29.35  equal parts between the two programs.  
 29.36  Money not expended in the first year is 
 29.37  available for grants during the second 
 29.38  year.  
 29.39  By February 1, 1998, the commissioner 
 29.40  shall report to the chairs of the 
 29.41  senate and house divisions having 
 29.42  jurisdiction over criminal justice 
 29.43  funding, on grants made under clauses 
 29.44  (1) and (2). 
 29.45  $50,000 the first year is for Ramsey 
 29.46  county to continue the special unit 
 29.47  enforcing the state nuisance laws.  
 30.1   $50,000 the first year is for one or 
 30.2   more grants to community-based programs 
 30.3   to conduct research on street gang 
 30.4   culture and, based on this research, 
 30.5   develop effective prevention and 
 30.6   intervention techniques to help youth 
 30.7   avoid or end their street gang 
 30.8   involvement.  Each program receiving a 
 30.9   grant shall provide a report to the 
 30.10  criminal gang oversight council that 
 30.11  contains the following information: 
 30.12  (1) the results of the program's 
 30.13  research on street gang culture; 
 30.14  (2) the program's plans for additional 
 30.15  research on street gang culture, if 
 30.16  any; and 
 30.17  (3) the prevention and intervention 
 30.18  techniques developed by the program. 
 30.19  An interim report must be provided to 
 30.20  the council six months after a program 
 30.21  is awarded a grant.  A final report 
 30.22  must be provided to the council by 
 30.23  February 1, 1999.  A copy of each 
 30.24  report also must be provided to the 
 30.25  commissioner of public safety. 
 30.26  Each program receiving a grant also 
 30.27  must provide information and 
 30.28  recommendations on gang culture to the 
 30.29  criminal gang oversight council and 
 30.30  criminal gang strike force, as 
 30.31  requested by the council or strike 
 30.32  force. 
 30.33  $40,000 the first year shall be 
 30.34  transferred as a grant to a nonprofit 
 30.35  organization to be used to meet 
 30.36  one-half of the state match requirement 
 30.37  if the organization receives federal 
 30.38  matching funding to:  (1) acquire 
 30.39  interactive multimedia equipment for 
 30.40  courtroom presentations to aid in the 
 30.41  prosecution of complex homicide and 
 30.42  child fatality cases; and (2) retain a 
 30.43  forensic pathologist skilled in making 
 30.44  such presentations to serve as a 
 30.45  consultant to prosecutors statewide for 
 30.46  one year.  This grant is available only 
 30.47  if the organization obtains funds for 
 30.48  the remainder of the state match from 
 30.49  other sources. 
 30.50  $175,000 the first year is for grants 
 30.51  to the Council on Black Minnesotans to 
 30.52  continue the program established in 
 30.53  Laws 1996, chapter 408, article 2, 
 30.54  section 13. 
 30.55  $250,000 each year is for grants to 
 30.56  local governmental units that have 
 30.57  incurred costs implementing Minnesota 
 30.58  Statutes, section 244.052 or 244.10, 
 30.59  subdivision 2a.  Local governmental 
 30.60  units shall detail the costs they have 
 30.61  incurred along with any other 
 30.62  information required by the 
 30.63  commissioner.  The commissioner shall 
 31.1   award grants in a manner that 
 31.2   reimburses local governmental units 
 31.3   demonstrating the greatest need.  Of 
 31.4   this appropriation, up to $40,000 may 
 31.5   be used for educational equipment and 
 31.6   training to be used for sex offender 
 31.7   notification meetings by law 
 31.8   enforcement agencies around the state. 
 31.9   $120,000 each year is for a grant to 
 31.10  the northwest Hennepin human services 
 31.11  council to administer the northwest 
 31.12  community law enforcement project, to 
 31.13  be available until June 30, 1999.  
 31.14  $75,000 each year is for grants to 
 31.15  Hennepin and Ramsey counties to 
 31.16  administer the community service grant 
 31.17  pilot project program.  
 31.18  $100,000 the first year is for grants 
 31.19  to the city of St. Paul to be used by 
 31.20  the city to acquire and renovate a 
 31.21  building for a joint use police 
 31.22  storefront and youth activity center in 
 31.23  the north end area of St. Paul. 
 31.24  $25,000 the first year is for the 
 31.25  criminal alert network to disseminate 
 31.26  data regarding the use of fraudulent 
 31.27  checks and the coordination of security 
 31.28  and antiterrorism efforts with the 
 31.29  Federal Bureau of Investigation.  This 
 31.30  money is available only if the 
 31.31  commissioner determines the expansion 
 31.32  is feasible.  If the commissioner 
 31.33  determines that one or both of the uses 
 31.34  are not feasible, the commissioner 
 31.35  shall reduce the amount spent 
 31.36  accordingly. 
 31.37  $75,000 the first year is for a grant 
 31.38  to the Fourth Judicial District to plan 
 31.39  for a family violence coordinating 
 31.40  council. 
 31.41     Sec. 9.  [CRIME REPORTS BY MINNEAPOLIS, HENNEPIN COUNTY, 
 31.42  AND THE HENNEPIN COUNTY DISTRICT COURT REQUIRED.] 
 31.43     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 31.44  following terms have the meanings given: 
 31.45     (1) "crime" refers to any misdemeanor, gross misdemeanor, 
 31.46  enhanced gross misdemeanor, or felony offense; 
 31.47     (2) "neighborhood" means: 
 31.48     (i) a neighborhood as defined for the purposes of the 
 31.49  neighborhood revitalization program under section 469.1831, if 
 31.50  applicable; or 
 31.51     (ii) a planning district as identified and mapped for city 
 31.52  district planning purposes; 
 31.53     (3) "reporting period" means the period from July 1, 1998, 
 32.1   to December 31, 1998; 
 32.2      (4) "types of cases" refers to a categorization of persons 
 32.3   arrested or cited for, charged with, or prosecuted for any crime 
 32.4   including, but not limited to, the following: murder, criminal 
 32.5   sexual conduct, robbery, aggravated assault, burglary, 
 32.6   larceny-theft, motor vehicle theft, arson, domestic assault, 
 32.7   other assaults, prostitution, narcotic controlled substance law 
 32.8   violations, vandalism, other property violations, weapons 
 32.9   offenses, disorderly conduct, and DWI, provided that a person 
 32.10  being arrested for multiple offenses must be categorized by the 
 32.11  most serious offense; and 
 32.12     (5) "types of crime" refers to a categorization of crimes 
 32.13  into the eight part I offense categories and twenty part II 
 32.14  offense categories listed in the uniform crime report published 
 32.15  annually by the federal bureau of investigation. 
 32.16     Subd. 2.  [INFORMATION REQUIRED.] (a) Minneapolis shall 
 32.17  collect and maintain the following information on crimes and 
 32.18  criminal cases occurring within the city: 
 32.19     (1) the number and types of crimes reported to local law 
 32.20  enforcement agencies; 
 32.21     (2) the number of individuals arrested for crimes by local 
 32.22  law enforcement agencies; 
 32.23     (3) the number of tab charges and citations issued for 
 32.24  crimes by local law enforcement agencies; 
 32.25     (4) the number and types of crimes cleared by arrest, 
 32.26  citation or tab charge; 
 32.27     (5) the number and types of cases that are referred to the 
 32.28  city attorney for review or prosecution; 
 32.29     (6) the number and types of cases that result in the 
 32.30  issuance of a criminal complaint by the city attorney; and 
 32.31     (7) the number and types of cases that the city attorney: 
 32.32  (i) dropped, declined, or denied; or (ii) diverted pretrial. 
 32.33     The city attorney shall also note the full-time equivalent 
 32.34  number of attorneys, and the number of cases, by assignment area 
 32.35  for the reporting period. 
 32.36     (b) Hennepin county shall collect and maintain the 
 33.1   following information for criminal cases relating to crimes 
 33.2   occurring within Minneapolis: 
 33.3      (1) the number and types of cases that are referred to the 
 33.4   county attorney for review or prosecution; 
 33.5      (2) the number and types of cases that result in the 
 33.6   issuance of a complaint or indictment; and 
 33.7      (3) the number and types of cases that the county attorney: 
 33.8   (i) dropped, declined, or denied; or (ii) diverted pretrial in 
 33.9   accordance with Minnesota Statutes, section 401.065 or 388.24; 
 33.10     The county also shall determine the date by which it came, 
 33.11  or expects to come, into compliance with Minnesota Statutes, 
 33.12  section 299C.115, regarding warrant information to be provided 
 33.13  electronically statewide. 
 33.14     (c) The Hennepin county district court shall collect and 
 33.15  maintain for cases occurring within Minneapolis: 
 33.16     (1) the disposition of cases filed with the court, 
 33.17  including the number and types of cases resulting in dismissal, 
 33.18  continuance for dismissal, pretrial diversion, guilty plea, 
 33.19  finding of guilt following trial, stay of adjudication or 
 33.20  imposition, or verdict of acquittal; and 
 33.21     (2) the number and types of cases that are referred to the 
 33.22  violations bureau. 
 33.23     (d) Minneapolis, Hennepin county, and the Hennepin county 
 33.24  district court shall jointly determine: 
 33.25     (i) the date by which they had, or plan to have, an 
 33.26  integrated criminal justice information system capable of 
 33.27  regular and full public reporting on the occurrence and handling 
 33.28  of crime and criminal cases; and 
 33.29     (ii) the actual or projected cost of such a system. 
 33.30     Subd. 3.  [REPORTS.] Minneapolis, Hennepin county, and the 
 33.31  Hennepin county district court shall publish by February 1, 1999 
 33.32  a report describing the information required to be collected 
 33.33  under subdivision 2 for the reporting period.  If practicable, 
 33.34  the information reported must be stratified by neighborhood 
 33.35  within Minneapolis.  The report must be submitted to the chairs 
 33.36  of the house and senate committees and divisions having 
 34.1   jurisdiction over criminal justice policy and funding. 
 34.2      Sec. 10.  [LICENSING STUDY.] 
 34.3      The commissioner of public safety shall study the issue of 
 34.4   licensing private fire investigators and report findings to the 
 34.5   chairs of the senate crime prevention and house judiciary 
 34.6   committees by January 15, 1999. 
 34.7      Sec. 11.  [TASK FORCE ON SEXUALLY DANGEROUS PERSONS/PERSONS 
 34.8   WITH PSYCHOPATHIC PERSONALITIES.] 
 34.9      Subdivision 1.  [DUTIES.] The task force on sexually 
 34.10  dangerous persons and persons with psychopathic personalities 
 34.11  shall study issues involving these individuals.  At a minimum, 
 34.12  the task force shall examine the current system of treatment, 
 34.13  commitment, and confinement; the financial costs associated with 
 34.14  it; and alternatives to it, including indeterminate criminal 
 34.15  sentencing.  The task force shall study how other states have 
 34.16  addressed this issue.  The task force shall develop plans 
 34.17  addressing alternative methods to deal with these individuals 
 34.18  within constitutional limits and while balancing the need for 
 34.19  public safety, ensuring that these individuals are treated 
 34.20  humanely and fairly, and financial prudence. 
 34.21     Subd. 2.  [MEMBERSHIP.] The task force consists of the 
 34.22  following individuals: 
 34.23     (1) the commissioner of human services, or a designee; 
 34.24     (2) the commissioner of corrections, or a designee; 
 34.25     (3) a defense attorney experienced in representing 
 34.26  individuals petitioned as being sexually dangerous or as having 
 34.27  sexual psychopathic personalities, appointed by the state public 
 34.28  defender; 
 34.29     (4) a county attorney, appointed by the Minnesota county 
 34.30  attorneys association; 
 34.31     (5) a district court judge, appointed by the conference of 
 34.32  chief judges; 
 34.33     (6) a county commissioner from a county outside the 
 34.34  seven-county metropolitan area that has incurred costs related 
 34.35  to the civil commitment of a person who is sexually dangerous or 
 34.36  has a sexual psychopathic personality, appointed by the 
 35.1   association of Minnesota counties; 
 35.2      (7) a medical specialist experienced in the field of sex 
 35.3   offenders, appointed by the Minnesota psychiatric association; 
 35.4      (8) one majority and one minority member of the senate, 
 35.5   appointed by the senate subcommittee on committees of the rules 
 35.6   committee; 
 35.7      (9) one majority and one minority member of the house of 
 35.8   representatives, appointed by the speaker; and 
 35.9      (10) a public member, appointed by the governor. 
 35.10  The task force may elect a chair from among its members.  The 
 35.11  task force may use legislative staff to provide legal counsel, 
 35.12  research, and secretarial and clerical assistance. 
 35.13     Subd. 3.  [EXPENSES.] Members of the task force may receive 
 35.14  compensation and expenses as provided in Minnesota Statutes, 
 35.15  section 15.059, subdivision 3. 
 35.16     Subd. 4.  [REPORT REQUIRED.] The task force shall report 
 35.17  its findings and recommendations to the chairs of the senate and 
 35.18  house committees and divisions having jurisdiction over criminal 
 35.19  justice policy and funding by January 15, 1999. 
 35.20     Sec. 12.  [EFFECTIVE DATE.] 
 35.21     Section 11 is effective the day following final enactment. 
 35.22                             ARTICLE 6
 35.23                    COURTS AND PUBLIC DEFENDERS
 35.24     Section 1.  Minnesota Statutes 1997 Supplement, section 
 35.25  97A.065, subdivision 2, is amended to read: 
 35.26     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
 35.27  forfeited bail collected from prosecutions of violations of:  
 35.28  the game and fish laws; sections 84.091 to 84.15; sections 84.81 
 35.29  to 84.88 84.91; section 169.121, when the violation involved an 
 35.30  off-road recreational vehicle as defined in section 169.01, 
 35.31  subdivision 86; chapter 348; and any other law relating to wild 
 35.32  animals or aquatic vegetation, must be paid to the treasurer of 
 35.33  the county where the violation is prosecuted.  The county 
 35.34  treasurer shall submit one-half of the receipts to the 
 35.35  commissioner and credit the balance to the county general 
 35.36  revenue fund except as provided in paragraphs (b), (c), and (d). 
 36.1      (b) The commissioner must reimburse a county, from the game 
 36.2   and fish fund, for the cost of keeping prisoners prosecuted for 
 36.3   violations under this section if the county board, by 
 36.4   resolution, directs:  (1) the county treasurer to submit all 
 36.5   fines and forfeited bail to the commissioner; and (2) the county 
 36.6   auditor to certify and submit monthly itemized statements to the 
 36.7   commissioner.  
 36.8      (c) The county treasurer shall indicate the amount of the 
 36.9   receipts that are assessments or surcharges imposed under 
 36.10  section 609.101 and shall submit all of those receipts to the 
 36.11  commissioner.  The receipts must be credited to the game and 
 36.12  fish fund to provide peace officer training for persons employed 
 36.13  by the commissioner who are licensed under section 626.84, 
 36.14  subdivision 1, clause (c), and who possess peace officer 
 36.15  authority for the purpose of enforcing game and fish laws. 
 36.16     (d) The county treasurer shall submit one-half of the 
 36.17  receipts collected under paragraph (a) from prosecutions of 
 36.18  violations of sections 84.81 to 84.91, and 169.121, including 
 36.19  except receipts that are assessments or surcharges imposed under 
 36.20  section 609.101 357.021, subdivision 6, to the commissioner 
 36.21  state treasurer and credit the balance to the county general 
 36.22  fund.  The commissioner state treasurer shall credit these 
 36.23  receipts to the snowmobile trails and enforcement account in the 
 36.24  natural resources fund. 
 36.25     (d) The county treasurer shall indicate the amount of the 
 36.26  receipts that are surcharges imposed under section 357.021, 
 36.27  subdivision 6, and shall submit all of those receipts to the 
 36.28  state treasurer. 
 36.29     Sec. 2.  Minnesota Statutes 1996, section 169.121, 
 36.30  subdivision 5a, is amended to read: 
 36.31     Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
 36.32  SURCHARGE.] When a court sentences a person convicted of an 
 36.33  offense enumerated in section 169.126, subdivision 1, it shall 
 36.34  impose a chemical dependency assessment charge of $125.  A 
 36.35  person shall pay an additional surcharge of $5 if the person is 
 36.36  convicted of (i) a violation of section 169.129, or (ii) a 
 37.1   violation of this section within five years of a prior impaired 
 37.2   driving conviction, as defined in subdivision 3, or a prior 
 37.3   conviction for an offense arising out of an arrest for a 
 37.4   violation of section 169.121 or 169.129.  This section applies 
 37.5   when the sentence is executed, stayed, or suspended.  The court 
 37.6   may not waive payment or authorize payment of the assessment 
 37.7   charge and surcharge in installments unless it makes written 
 37.8   findings on the record that the convicted person is indigent or 
 37.9   that the assessment charge and surcharge would create undue 
 37.10  hardship for the convicted person or that person's immediate 
 37.11  family. 
 37.12     The county shall collect and forward to the commissioner of 
 37.13  finance $25 of the chemical dependency assessment charge and the 
 37.14  $5 surcharge, if any, within 60 days after sentencing or explain 
 37.15  to the commissioner in writing why the money was not forwarded 
 37.16  within this time period.  The commissioner shall credit the 
 37.17  money to the general fund.  The county shall collect and keep 
 37.18  $100 of the chemical dependency assessment charge.  
 37.19     The chemical dependency assessment charge and surcharge 
 37.20  required under this section are in addition to the surcharge 
 37.21  required by section 609.101 357.021, subdivision 6. 
 37.22     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
 37.23  169.14, subdivision 5d, is amended to read: 
 37.24     Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
 37.25  commissioner, on trunk highways and temporary trunk highways, 
 37.26  and local authorities, on streets and highways under their 
 37.27  jurisdiction, may authorize the use of reduced maximum speed 
 37.28  limits in highway work zones.  The commissioner or local 
 37.29  authority is not required to conduct an engineering and traffic 
 37.30  investigation before authorizing a reduced speed limit in a 
 37.31  highway work zone. 
 37.32     (b) The minimum highway work zone speed limit is 20 miles 
 37.33  per hour.  The work zone speed limit must not reduce the 
 37.34  established speed limit on the affected street or highway by 
 37.35  more than 15 miles per hour, except that the highway work zone 
 37.36  speed limit shall not exceed 40 miles per hour.  Highway work 
 38.1   zone speed limits are effective on erection of appropriate 
 38.2   regulatory speed limit signs.  The signs must be removed or 
 38.3   covered when they are not required.  A speed greater than the 
 38.4   posted highway work zone speed limit is unlawful.  
 38.5      (c) For purposes of this subdivision, "highway work zone" 
 38.6   means a segment of highway or street where a road authority or 
 38.7   its agent is constructing, reconstructing, or maintaining the 
 38.8   physical structure of the roadway, its shoulders, or features 
 38.9   adjacent to the roadway, including underground and overhead 
 38.10  utilities and highway appurtenances. 
 38.11     (d) Notwithstanding section 609.0331 or 609.101 or other 
 38.12  law to the contrary, a person who violates a speed limit 
 38.13  established under paragraph (b), or who violates any other 
 38.14  provision of this section while in a highway work zone, is 
 38.15  assessed an additional surcharge equal to the amount of the fine 
 38.16  imposed for the speed violation, but not less than $25. 
 38.17     Sec. 4.  Minnesota Statutes 1996, section 171.16, 
 38.18  subdivision 3, is amended to read: 
 38.19     Subd. 3.  [SUSPENSION FOR FAILURE TO PAY FINE.] When any 
 38.20  court reports to the commissioner that a person:  (1) has been 
 38.21  convicted of violating a law of this state or an ordinance of a 
 38.22  political subdivision which regulates the operation or parking 
 38.23  of motor vehicles, (2) has been sentenced to the payment of a 
 38.24  fine or had a penalty assessment surcharge levied against that 
 38.25  person, or sentenced to a fine upon which a penalty assessment 
 38.26  surcharge was levied, and (3) has refused or failed to comply 
 38.27  with that sentence or to pay the penalty assessment surcharge, 
 38.28  notwithstanding the fact that the court has determined that the 
 38.29  person has the ability to pay the fine or penalty assessment 
 38.30  surcharge, the commissioner shall suspend the driver's license 
 38.31  of such person for 30 days for a refusal or failure to pay or 
 38.32  until notified by the court that the fine or penalty assessment 
 38.33  surcharge, or both if a fine and penalty assessment surcharge 
 38.34  were not paid, has been paid.  
 38.35     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
 38.36  357.021, subdivision 2, is amended to read: 
 39.1      Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 39.2   collected by the court administrator shall be as follows: 
 39.3      (1) In every civil action or proceeding in said court, 
 39.4   including any case arising under the tax laws of the state that 
 39.5   could be transferred or appealed to the tax court, the 
 39.6   plaintiff, petitioner, or other moving party shall pay, when the 
 39.7   first paper is filed for that party in said action, a fee of 
 39.8   $122. 
 39.9      The defendant or other adverse or intervening party, or any 
 39.10  one or more of several defendants or other adverse or 
 39.11  intervening parties appearing separately from the others, shall 
 39.12  pay, when the first paper is filed for that party in said 
 39.13  action, a fee of $122. 
 39.14     The party requesting a trial by jury shall pay $75. 
 39.15     The fees above stated shall be the full trial fee 
 39.16  chargeable to said parties irrespective of whether trial be to 
 39.17  the court alone, to the court and jury, or disposed of without 
 39.18  trial, and shall include the entry of judgment in the action, 
 39.19  but does not include copies or certified copies of any papers so 
 39.20  filed or proceedings under chapter 103E, except the provisions 
 39.21  therein as to appeals. 
 39.22     (2) Certified copy of any instrument from a civil or 
 39.23  criminal proceeding, $10, and $5 for an uncertified copy. 
 39.24     (3) Issuing a subpoena, $3 for each name. 
 39.25     (4) Issuing an execution and filing the return thereof; 
 39.26  issuing a writ of attachment, injunction, habeas corpus, 
 39.27  mandamus, quo warranto, certiorari, or other writs not 
 39.28  specifically mentioned, $10. 
 39.29     (5) Issuing a transcript of judgment, or for filing and 
 39.30  docketing a transcript of judgment from another court, $7.50. 
 39.31     (6) Filing and entering a satisfaction of judgment, partial 
 39.32  satisfaction, or assignment of judgment, $5. 
 39.33     (7) Certificate as to existence or nonexistence of 
 39.34  judgments docketed, $5 for each name certified to. 
 39.35     (8) Filing and indexing trade name; or recording basic 
 39.36  science certificate; or recording certificate of physicians, 
 40.1   osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 40.2      (9) For the filing of each partial, final, or annual 
 40.3   account in all trusteeships, $10. 
 40.4      (10) For the deposit of a will, $5. 
 40.5      (11) For recording notary commission, $25, of which, 
 40.6   notwithstanding subdivision 1a, paragraph (b), $20 must be 
 40.7   forwarded to the state treasurer to be deposited in the state 
 40.8   treasury and credited to the general fund. 
 40.9      (12) When a defendant pleads guilty to or is sentenced for 
 40.10  a petty misdemeanor other than a parking violation, the 
 40.11  defendant shall pay a fee of $11. 
 40.12     (13) Filing a motion or response to a motion for 
 40.13  modification of child support, a fee fixed by rule or order of 
 40.14  the supreme court.  
 40.15     (14) (13) All other services required by law for which no 
 40.16  fee is provided, such fee as compares favorably with those 
 40.17  herein provided, or such as may be fixed by rule or order of the 
 40.18  court. 
 40.19     (15) (14) In addition to any other filing fees under this 
 40.20  chapter, a surcharge in the amount of $75 must be assessed in 
 40.21  accordance with section 259.52, subdivision 14, for each 
 40.22  adoption petition filed in district court to fund the putative 
 40.23  fathers' adoption registry under section 259.52. 
 40.24     The fees in clauses (3) and (4) need not be paid by a 
 40.25  public authority or the party the public authority represents. 
 40.26     Sec. 6.  Minnesota Statutes 1996, section 357.021, is 
 40.27  amended by adding a subdivision to read: 
 40.28     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC 
 40.29  OFFENDERS.] (a) The court shall impose and the court 
 40.30  administrator shall collect a $25 surcharge on every person 
 40.31  convicted of any felony, gross misdemeanor, misdemeanor, or 
 40.32  petty misdemeanor offense, other than a violation of a law or 
 40.33  ordinance relating to vehicle parking.  The surcharge shall be 
 40.34  imposed whether or not the person is sentenced to imprisonment 
 40.35  or the sentence is stayed.  
 40.36     (b) If the court fails to impose a surcharge as required by 
 41.1   this subdivision, the court administrator shall correct the 
 41.2   record to show imposition of a $25 surcharge. 
 41.3      (c) The court may not waive payment of the surcharge 
 41.4   required under this subdivision.  Upon a showing of indigency or 
 41.5   undue hardship upon the convicted person or the convicted 
 41.6   person's immediate family, the sentencing court may authorize 
 41.7   payment of the surcharge in installments. 
 41.8      (d) The court administrator or other entity collecting a 
 41.9   surcharge shall forward it to the state treasurer. 
 41.10     (e) If the convicted person is sentenced to imprisonment, 
 41.11  the chief executive officer of the correctional facility in 
 41.12  which the convicted person is incarcerated may collect the 
 41.13  surcharge from any earnings the inmate accrues from work 
 41.14  performed in the facility or while on conditional release.  The 
 41.15  chief executive officer shall forward the amount collected to 
 41.16  the state treasurer. 
 41.17     Sec. 7.  Minnesota Statutes 1996, section 357.021, is 
 41.18  amended by adding a subdivision to read: 
 41.19     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE 
 41.20  TREASURER.] The state treasurer shall disburse surcharges 
 41.21  received under subdivision 6 and section 97A.065, subdivision 2, 
 41.22  as follows: 
 41.23     (1) one percent of the surcharge shall be credited to the 
 41.24  game and fish fund to provide peace officer training for 
 41.25  employees of the department of natural resources who are 
 41.26  licensed under sections 626.84 to 626.863, and who possess peace 
 41.27  officer authority for the purpose of enforcing game and fish 
 41.28  laws; 
 41.29     (2) 45 percent of the surcharge shall be credited to the 
 41.30  peace officers training account in the special revenue fund; and 
 41.31     (3) 54 percent of the surcharge shall be credited to the 
 41.32  general fund. 
 41.33     Sec. 8.  Minnesota Statutes 1996, section 488A.03, 
 41.34  subdivision 11, is amended to read: 
 41.35     Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
 41.36  fees payable to the administrator for services are the same in 
 42.1   amount as the fees then payable to the district court of 
 42.2   Hennepin county for like services.  Library and filing fees are 
 42.3   not required of the defendant in an unlawful detainer action.  
 42.4   The fees payable to the administrator for all other services of 
 42.5   the administrator or the court shall be fixed by rules 
 42.6   promulgated by a majority of the judges. 
 42.7      (b) Fees are payable to the administrator in advance.  
 42.8      (c) Judgments will be entered only upon written application.
 42.9      (d) The following fees shall be taxed in all cases for all 
 42.10  charges where applicable:  (a) The state of Minnesota and any 
 42.11  governmental subdivision within the jurisdictional area of 
 42.12  any municipal district court herein established may present 
 42.13  cases for hearing before said municipal district court; (b) In 
 42.14  the event the court takes jurisdiction of a prosecution for the 
 42.15  violation of a statute or ordinance by the state or a 
 42.16  governmental subdivision other than a city or town in Hennepin 
 42.17  county, all fines, penalties, and forfeitures collected shall be 
 42.18  paid over to the treasurer of the governmental subdivision which 
 42.19  submitted a case charges for prosecution under ordinance 
 42.20  violation and to the county treasurer in all other cases charges 
 42.21  except where a different disposition is provided by law, in 
 42.22  which case, payment shall be made to the public official 
 42.23  entitled thereto.  The following fees shall be taxed to the 
 42.24  county or to the state or governmental subdivision which would 
 42.25  be entitled to payment of the fines, forfeiture or penalties in 
 42.26  any case, and shall be paid to the court administrator for 
 42.27  disposing of the matter: 
 42.28     (1) In all cases For each charge where the defendant is 
 42.29  brought into court and pleads guilty and is sentenced, or the 
 42.30  matter is otherwise disposed of without trial .......... $5. 
 42.31     (2) In arraignments where the defendant waives a 
 42.32  preliminary examination .......... $10. 
 42.33     (3) In all other cases For all other charges where the 
 42.34  defendant stands trial or has a preliminary examination by the 
 42.35  court .......... $15. 
 42.36     (4) In all cases For all charges where a defendant was 
 43.1   issued a statute, traffic, or ordinance violation tag citation 
 43.2   and a fine is paid or the case is otherwise disposed of in a 
 43.3   violations bureau .......... $1 $5. 
 43.4      (5) Upon the effective date of a $2 increase in the expired 
 43.5   meter fine schedule that is enacted on or after August 1, 1987, 
 43.6   the amount payable to the court administrator must be increased 
 43.7   by $1 for each expired meter violation disposed of in a 
 43.8   violations bureau the increase in clause (4), the fine schedule 
 43.9   amounts shall be increased by $5.  Additional money, if any, 
 43.10  received by the fourth judicial district administrator as a 
 43.11  result of this section shall be used to fund an automated 
 43.12  citation system and revenue collections initiative and to pay 
 43.13  the related administrative costs of the court administrator's 
 43.14  office. 
 43.15     Sec. 9.  Minnesota Statutes 1996, section 588.01, 
 43.16  subdivision 3, is amended to read: 
 43.17     Subd. 3.  [CONSTRUCTIVE.] Constructive contempts are those 
 43.18  not committed in the immediate presence of the court, and of 
 43.19  which it has no personal knowledge, and may arise from any of 
 43.20  the following acts or omissions: 
 43.21     (1) misbehavior in office, or other willful neglect or 
 43.22  violation of duty, by an attorney, court administrator, sheriff, 
 43.23  coroner, or other person appointed or elected to perform a 
 43.24  judicial or ministerial service; 
 43.25     (2) deceit or abuse of the process or proceedings of the 
 43.26  court by a party to an action or special proceeding; 
 43.27     (3) disobedience of any lawful judgment, order, or process 
 43.28  of the court; 
 43.29     (4) assuming to be an attorney or other officer of the 
 43.30  court, and acting as such without authority; 
 43.31     (5) rescuing any person or property in the custody of an 
 43.32  officer by virtue of an order or process of the court; 
 43.33     (6) unlawfully detaining a witness or party to an action 
 43.34  while going to, remaining at, or returning from the court where 
 43.35  the action is to be tried; 
 43.36     (7) any other unlawful interference with the process or 
 44.1   proceedings of a court; 
 44.2      (8) disobedience of a subpoena duly served, or refusing to 
 44.3   be sworn or to answer as a witness; 
 44.4      (9) when summoned as a juror in a court, neglecting to 
 44.5   attend or serve, improperly conversing with a party to an action 
 44.6   to be tried at the court or with any person relative to the 
 44.7   merits of the action, or receiving a communication from a party 
 44.8   or other person in reference to it, and failing to immediately 
 44.9   disclose the same to the court; 
 44.10     (10) disobedience, by an inferior tribunal or officer, of 
 44.11  the lawful judgment, order, or process of a superior court, 
 44.12  proceeding in an action or special proceeding in any court 
 44.13  contrary to law after it has been removed from its jurisdiction, 
 44.14  or disobedience of any lawful order or process of a judicial 
 44.15  officer; 
 44.16     (11) failure or refusal to pay a penalty assessment 
 44.17  surcharge levied pursuant to section 626.861 357.021, 
 44.18  subdivision 6.  
 44.19     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
 44.20  609.101, subdivision 5, is amended to read: 
 44.21     Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
 44.22  PAYMENTS.] (a) The court may not waive payment of the minimum 
 44.23  fine, surcharge, or assessment required by this section.  
 44.24     (b) If the defendant qualifies for the services of a public 
 44.25  defender or the court finds on the record that the convicted 
 44.26  person is indigent or that immediate payment of the fine, 
 44.27  surcharge, or assessment would create undue hardship for the 
 44.28  convicted person or that person's immediate family, the court 
 44.29  may reduce the amount of the minimum fine to not less than $50.  
 44.30     (c) The court also may authorize payment of the fine, 
 44.31  surcharge, or assessment in installments. 
 44.32     Sec. 11.  Minnesota Statutes 1996, section 609.3241, is 
 44.33  amended to read: 
 44.34     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 44.35     When a court sentences an adult convicted of violating 
 44.36  section 609.322, 609.323, or 609.324, while acting other than as 
 45.1   a prostitute, the court shall impose an assessment of not less 
 45.2   than $250 and not more than $500 for a violation of section 
 45.3   609.324, subdivision 2, or a misdemeanor violation of section 
 45.4   609.324, subdivision 3; otherwise the court shall impose an 
 45.5   assessment of not less than $500 and not more than $1,000.  The 
 45.6   mandatory minimum portion of the assessment is to be used for 
 45.7   the purposes described in section 626.558, subdivision 2a, and 
 45.8   is in addition to the assessment or surcharge required by 
 45.9   section 609.101 357.021, subdivision 6.  Any portion of the 
 45.10  assessment imposed in excess of the mandatory minimum amount 
 45.11  shall be forwarded to the general fund and is appropriated 
 45.12  annually to the commissioner of corrections.  The commissioner, 
 45.13  with the assistance of the general crime victims advisory 
 45.14  council, shall use money received under this section for grants 
 45.15  to agencies that provide assistance to individuals who have 
 45.16  stopped or wish to stop engaging in prostitution.  Grant money 
 45.17  may be used to provide these individuals with medical care, 
 45.18  child care, temporary housing, and educational expenses. 
 45.19     Sec. 12.  Minnesota Statutes 1996, section 611.14, is 
 45.20  amended to read: 
 45.21     611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
 45.22     The following persons who are financially unable to obtain 
 45.23  counsel are entitled to be represented by a public defender: 
 45.24     (1) a person charged with a felony or, gross misdemeanor, 
 45.25  or misdemeanor including a person charged under sections 629.01 
 45.26  to 629.29; 
 45.27     (2) a person appealing from a conviction of a felony or 
 45.28  gross misdemeanor, or a person convicted of a felony or gross 
 45.29  misdemeanor, who is pursuing a postconviction proceeding and who 
 45.30  has not already had a direct appeal of the conviction; 
 45.31     (3) a person who is entitled to be represented by counsel 
 45.32  under section 609.14, subdivision 2; or 
 45.33     (4) a minor who is entitled to be represented by counsel 
 45.34  under section 260.155, subdivision 2, if the judge of the 
 45.35  juvenile court concerned has requested and received the approval 
 45.36  of a majority of the district court judges of the judicial 
 46.1   district to utilize the services of the public defender in such 
 46.2   cases, and approval of the compensation on a monthly, hourly, or 
 46.3   per diem basis to be paid for such services under section 
 46.4   260.251, subdivision 2, clause (e); or 
 46.5      (5) a person, entitled by law to be represented by counsel, 
 46.6   charged with an offense within the trial jurisdiction of a 
 46.7   district court, if the trial judge or a majority of the trial 
 46.8   judges of the court concerned have requested and received 
 46.9   approval of a majority of the district court judges of the 
 46.10  judicial district to utilize the services of the public defender 
 46.11  in such cases and approval of the compensation on a monthly, 
 46.12  hourly, or per diem basis to be paid for such services by the 
 46.13  county within the court's jurisdiction. 
 46.14     Sec. 13.  Minnesota Statutes 1996, section 611.20, 
 46.15  subdivision 3, is amended to read: 
 46.16     Subd. 3.  [REIMBURSEMENT.] In each fiscal year, the state 
 46.17  treasurer shall deposit the first $180,000 in the general fund. 
 46.18  payments in excess of $180,000 shall be deposited in the general 
 46.19  fund and credited credit them to a separate account with the 
 46.20  board of public defense.  The amount credited to this account is 
 46.21  appropriated to the board of public defense. 
 46.22     The balance of this account does not cancel but is 
 46.23  available until expended.  Expenditures by the board from this 
 46.24  account for each judicial district public defense office must be 
 46.25  based on the amount of the payments received by the state from 
 46.26  the courts in each judicial district. 
 46.27     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
 46.28  611.25, subdivision 3, is amended to read: 
 46.29     Subd. 3.  [DUTIES.] The state public defender shall prepare 
 46.30  a biennial report to the board and a report to the governor and 
 46.31  the supreme court on the operation of the state public 
 46.32  defender's office, district defender systems, and public defense 
 46.33  corporations.  The biennial report is due on or before the 
 46.34  beginning of the legislative session following the end of the 
 46.35  biennium.  The state public defender may require the reporting 
 46.36  of statistical data, budget information, and other cost factors 
 47.1   by the chief district public defenders and appointed counsel 
 47.2   systems.  The state public defender shall design and conduct 
 47.3   programs for the training of all state and district public 
 47.4   defenders, appointed counsel, and attorneys for public defense 
 47.5   corporations funded under section 611.26.  The state public 
 47.6   defender shall establish policies and procedures to administer 
 47.7   the district public defender system, consistent with standards 
 47.8   adopted by the state board of public defense. 
 47.9      Sec. 15.  Minnesota Statutes 1996, section 611.26, 
 47.10  subdivision 2, is amended to read: 
 47.11     Subd. 2.  [APPOINTMENT; TERMS.] The state board of public 
 47.12  defense shall appoint a chief district public defender for each 
 47.13  judicial district.  When appointing a chief district public 
 47.14  defender, the state board of public defense membership shall be 
 47.15  increased to include two residents of the district appointed by 
 47.16  the chief judge of the district to reflect the characteristics 
 47.17  of the population served by the public defender in that 
 47.18  district. The additional members shall serve only in the 
 47.19  capacity of selecting the district public defender.  The ad hoc 
 47.20  state board of public defense shall appoint a chief district 
 47.21  public defender only after requesting and giving reasonable time 
 47.22  to receive any recommendations from the public, the local bar 
 47.23  association, and the judges of the district, and the county 
 47.24  commissioners within the district.  Each chief district public 
 47.25  defender shall be a qualified attorney, licensed to practice law 
 47.26  in this state.  The chief district public defender shall be 
 47.27  appointed for a term of four years, beginning January 1, 
 47.28  pursuant to the following staggered term schedule:  (1) in 1992 
 47.29  2000, the second and eighth districts; (2) in 1993 2001, the 
 47.30  first, third, fourth, and tenth districts; (3) in 1994 2002, the 
 47.31  fifth and ninth districts; and (4) in 1995 1999, the sixth and 
 47.32  seventh districts.  The chief district public defenders shall 
 47.33  serve for four-year terms and may be removed for cause upon the 
 47.34  order of the state board of public defense.  Vacancies in the 
 47.35  office shall be filled by the appointing authority for the 
 47.36  unexpired term. 
 48.1      Sec. 16.  Minnesota Statutes 1996, section 611.26, 
 48.2   subdivision 3, is amended to read: 
 48.3      Subd. 3.  [COMPENSATION.] (a) The compensation of the chief 
 48.4   district public defender shall be set by the board of public 
 48.5   defense. and the compensation of each assistant district public 
 48.6   defender shall be set by the chief district public defender with 
 48.7   the approval of the board of public defense.  To assist the 
 48.8   board of public defense in determining compensation under this 
 48.9   subdivision, counties shall provide to the board information on 
 48.10  the compensation of county attorneys, including salaries and 
 48.11  benefits, rent, secretarial staff, and other pertinent budget 
 48.12  data.  For purposes of this subdivision, compensation means 
 48.13  salaries, cash payments, and employee benefits including paid 
 48.14  time off and group insurance benefits, and other direct and 
 48.15  indirect items of compensation including the value of office 
 48.16  space provided by the employer.  
 48.17     (b) This subdivision does not limit the rights of public 
 48.18  defenders to collectively bargain with their employers. 
 48.19     Sec. 17.  Minnesota Statutes 1996, section 611.27, 
 48.20  subdivision 1, is amended to read: 
 48.21     Subdivision 1.  [COUNTY PAYMENT RESPONSIBILITY.] (a) The 
 48.22  total compensation and expenses, including office equipment and 
 48.23  supplies, of the district public defender are to be paid by the 
 48.24  county or counties comprising the judicial district. 
 48.25     (b) A chief district public defender shall annually submit 
 48.26  a comprehensive budget to the state board of public defense.  
 48.27  The budget shall be in compliance with standards and forms 
 48.28  required by the board and must, at a minimum, include detailed 
 48.29  substantiation as to all revenues and expenditures.  The chief 
 48.30  district public defender shall, at times and in the form 
 48.31  required by the board, submit reports to the board concerning 
 48.32  its operations, including the number of cases handled and funds 
 48.33  expended for these services. 
 48.34     Within ten days after an assistant district public defender 
 48.35  is appointed, the district public defender shall certify to the 
 48.36  state board of public defense the compensation that has been 
 49.1   recommended for the assistant.  
 49.2      (c) The state board of public defense shall transmit the 
 49.3   proposed budget of each district public defender to the 
 49.4   respective district court administrators and county budget 
 49.5   officers for comment before the board's final approval of the 
 49.6   budget.  The board shall determine and certify to the respective 
 49.7   county boards a final comprehensive budget for the office of the 
 49.8   district public defender that includes all expenses.  After the 
 49.9   board determines the allocation of the state funds authorized 
 49.10  pursuant to paragraph (e), the board shall apportion the 
 49.11  expenses of the district public defenders among the several 
 49.12  counties and each county shall pay its share in monthly 
 49.13  installments.  The county share is the proportion of the total 
 49.14  expenses that the population in the county bears to the total 
 49.15  population in the district as determined by the last federal 
 49.16  census.  If the district public defender or an assistant 
 49.17  district public defender is temporarily transferred to a county 
 49.18  not situated in that public defender's judicial district, said 
 49.19  county shall pay the proportionate part of that public 
 49.20  defender's expenses for the services performed in said county.  
 49.21     (d) Reimbursement for actual and necessary travel expenses 
 49.22  in the conduct of the office of the district public defender 
 49.23  shall be charged to either (1) the general expenses of the 
 49.24  office, (2) the general expenses of the district for which the 
 49.25  expenses were incurred if outside the district, or (3) the 
 49.26  office of the state public defender if the services were 
 49.27  rendered for that office. 
 49.28     (e) (b) Money appropriated to the state board of public 
 49.29  defense for the board's administration, for the state public 
 49.30  defender, for the judicial district public defenders, and for 
 49.31  the public defense corporations shall be expended as determined 
 49.32  by the board.  In distributing funds to district public 
 49.33  defenders, the board shall consider the geographic distribution 
 49.34  of public defenders, the equity of compensation among the 
 49.35  judicial districts, public defender case loads, and the results 
 49.36  of the weighted case load study. 
 50.1      Sec. 18.  Minnesota Statutes 1996, section 611.27, 
 50.2   subdivision 7, is amended to read: 
 50.3      Subd. 7.  [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 
 50.4   Notwithstanding subdivision 4, The state's obligation for the 
 50.5   costs of the public defender services is limited to the 
 50.6   appropriations made to the board of public defense.  Services 
 50.7   and expenses in cases where adequate representation cannot be 
 50.8   provided by the district public defender shall be the 
 50.9   responsibility of the state board of public defense. 
 50.10     Sec. 19.  [PRETRIAL RELEASE STUDY.] 
 50.11     (a) The commissioner of administration shall study the 
 50.12  issue of pretrial release.  At a minimum, the study must address:
 50.13     (1) the extent to which under current law crimes are 
 50.14  committed by persons on pretrial release, including the numbers 
 50.15  and types of crimes committed; 
 50.16     (2) the extent to which persons on pretrial release 
 50.17  currently fail to appear as required by courts; 
 50.18     (3) the extent to which persons on pretrial release 
 50.19  currently violate conditions of release; 
 50.20     (4) the extent to which the enactment of a constitutional 
 50.21  amendment and a statute authorizing pretrial detention would 
 50.22  increase the number of individuals subject to pretrial detention 
 50.23  or the length of time that those individuals are detained; 
 50.24     (5) the extent, if any, to which increasing the number of 
 50.25  individuals subject to pretrial detention or the length of time 
 50.26  that those individuals are detained decreases the number of 
 50.27  crimes committed by persons on pretrial release or the number of 
 50.28  persons not appearing as directed by the court; 
 50.29     (6) costs associated with increasing the number of 
 50.30  individuals subject to pretrial detention or the length of time 
 50.31  that those individuals are detained; 
 50.32     (7) the effect that fully funded pretrial services programs 
 50.33  have on the number and types of crimes committed by individuals 
 50.34  on pretrial release or the number of individuals on pretrial 
 50.35  release who do not appear as directed by the court; and 
 50.36     (8) an analysis of the comparative costs of fully funding 
 51.1   pretrial services programs as compared with the costs of 
 51.2   increased pretrial detention. 
 51.3      (b) By January 15, 1999, the commissioner shall report to 
 51.4   the chairs of the senate and house committees and divisions 
 51.5   having jurisdiction over criminal justice policy and funding on 
 51.6   the results of the study.  In addition to the requirements 
 51.7   contained in paragraph (a), the report must also include 
 51.8   recommendations, if any, on how laws involving pretrial release 
 51.9   may be amended within the current constitutional framework to 
 51.10  lower the risk that persons on pretrial release will commit new 
 51.11  offenses or not appear as directed by a court. 
 51.12     Sec. 20.  [SUPREME COURT REQUESTED TO AMEND RULES OF 
 51.13  CRIMINAL PROCEDURE.] 
 51.14     The supreme court is requested to amend Rule 6.02 of the 
 51.15  Rules of Criminal Procedure to allow a court, judge, or judicial 
 51.16  officer to consider the safety of any person or the community 
 51.17  when imposing a condition of release or combination of 
 51.18  conditions of release on an offender who is released before 
 51.19  trial. 
 51.20     Sec. 21.  [REPORT ON SURCHARGES.] 
 51.21     The state court administrator shall collect information on 
 51.22  the amount of revenue collected annually from the imposition of 
 51.23  surcharges under Minnesota Statutes, section 97A.065, 
 51.24  subdivision 2, or 357.021, subdivision 6, and shall report this 
 51.25  information to the chairs of the house and senate divisions 
 51.26  having jurisdiction over criminal justice funding by January 15, 
 51.27  2001. 
 51.28     Sec. 22.  [WORK ZONE FINES.] 
 51.29     The conference of chief judges is requested to add a 
 51.30  payable fine for work zone violations under Minnesota Statutes, 
 51.31  section 169.14, subdivision 5b, to the payables list and make it 
 51.32  applicable to violations occurring on or after January 1, 1999. 
 51.33     Sec. 23.  [TASK FORCE ON THE GUILTY BUT MENTALLY ILL 
 51.34  VERDICT.] 
 51.35     Subdivision 1.  [DUTIES.] A task force shall study the 
 51.36  guilty but mentally ill verdict.  The task force shall study the 
 52.1   laws of states that have adopted this verdict and issues 
 52.2   associated with its implementation.  In addition, the task force 
 52.3   shall consider other issues involving mental health and the 
 52.4   criminal justice system, such as:  the mental illness defense, 
 52.5   including how often and in what types of cases it is raised, its 
 52.6   success, and what happens to persons found not guilty of a crime 
 52.7   because of mental illness; current mental health treatment 
 52.8   provided to inmates at state correctional facilities, including 
 52.9   the type, quality, and comprehensiveness of offered treatment, 
 52.10  and the costs involved; likely results of adopting the guilty 
 52.11  but mentally ill verdict, including its potential effect on 
 52.12  trials and mental health treatment offered to persons convicted 
 52.13  as or who plead guilty but mentally ill; and civil commitments 
 52.14  under Minnesota Statutes, chapter 253B. 
 52.15     Subd. 2.  [MEMBERSHIP.] The task force consists of the 
 52.16  following individuals: 
 52.17     (1) two county attorneys, appointed by the Minnesota county 
 52.18  attorneys association; 
 52.19     (2) two defense attorneys, one who is experienced in mental 
 52.20  health issues and one who is experienced in criminal defense 
 52.21  issues, appointed by the state public defender; 
 52.22     (3) a district court judge, appointed by the conference on 
 52.23  chief judges; 
 52.24     (4) a medical expert, appointed by the Minnesota 
 52.25  psychiatric association; 
 52.26     (5) a mental health consumer advocate, appointed by the 
 52.27  Minnesota mental health association; 
 52.28     (6) the commissioner of corrections, or a designee; 
 52.29     (7) the commissioner of human services, or a designee; 
 52.30     (8) one majority and one minority member of the senate, 
 52.31  appointed by the subcommittee on committees of the rules 
 52.32  committee; and 
 52.33     (9) one majority and one minority member of the house of 
 52.34  representatives, appointed by the speaker. 
 52.35  The task force may elect a chair from among its members.  The 
 52.36  task force may use legislative staff to provide legal counsel, 
 53.1   research, and secretarial and clerical assistance. 
 53.2      Subd. 3.  [RESOURCES.] Task force members may receive 
 53.3   compensation and expenses as provided in Minnesota Statutes, 
 53.4   section 15.059, subdivision 3. 
 53.5      Subd. 4.  [REPORT.] By January 15, 1999, the task force 
 53.6   shall report to the chairs of the senate crime prevention and 
 53.7   house judiciary committees on its findings and recommendations.  
 53.8   If the task force recommends the adoption of a guilty but 
 53.9   mentally ill verdict or other changes in law, the report must 
 53.10  contain suggested language for its implementation. 
 53.11     Sec. 24.  [STUDY OF FINE DISTRIBUTION.] 
 53.12     The court administrator for the fourth judicial district 
 53.13  shall initiate a study of the feasibility of modifying the fine 
 53.14  distribution system in the fourth judicial district to, among 
 53.15  other matters, reflect more accurately incarceration costs that 
 53.16  are absorbed by prosecuting municipalities.  The study shall 
 53.17  include the participation of local prosecutors and county and 
 53.18  city officials.  The court administrator shall make 
 53.19  recommendations to the legislature on this issue by January 15, 
 53.20  1999. 
 53.21     Sec. 25.  [INSTRUCTION TO REVISOR.] 
 53.22     The revisor shall change the term "penalty assessment" or 
 53.23  similar term to "surcharge" or similar term wherever the term 
 53.24  appears in Minnesota Rules in connection with the board of peace 
 53.25  officer standards and training. 
 53.26     Sec. 26.  [REPORT ON PUBLIC DEFENDER REIMBURSEMENTS.] 
 53.27     By December 15, 2000, the board of public defense shall 
 53.28  report on the money appropriated under Minnesota Statutes, 
 53.29  section 611.20, subdivision 3, to the chairs of the house and 
 53.30  senate divisions having jurisdiction over criminal justice 
 53.31  funding.  The report must specify the amount of money 
 53.32  appropriated to the board, the amount of money spent by the 
 53.33  board, and what the money was spent on. 
 53.34     Sec. 27.  [REPEALER.] 
 53.35     (a) Minnesota Statutes 1996, sections 609.101, subdivision 
 53.36  1; and 626.861, are repealed. 
 54.1      (b) Minnesota Statutes 1996, sections 611.216, subdivision 
 54.2   1a; 611.26, subdivision 9; and 611.27, subdivision 2; and 
 54.3   Minnesota Statutes 1997 Supplement, section 611.27, subdivision 
 54.4   4, are repealed. 
 54.5      (c) The amendment made to Minnesota Statutes, section 
 54.6   588.01, subdivision 3, expires July 1, 1999. 
 54.7      Sec. 28.  [EFFECTIVE DATE.] 
 54.8      Section 23 is effective the day following final enactment.  
 54.9   Sections 1 to 11, 21, and 27, paragraph (a), are effective 
 54.10  January 1, 1999.  Section 13 is effective July 1, 1999. 
 54.11                             ARTICLE 7
 54.12                           MISCELLANEOUS
 54.13     Section 1.  [CONVEYANCE OF STATE LAND TO CITY OF 
 54.14  FARIBAULT.] 
 54.15     Subdivision 1.  [CONVEYANCE.] Notwithstanding Minnesota 
 54.16  Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 
 54.17  administration shall convey to the city of Faribault for no 
 54.18  consideration the land described in subdivision 3. 
 54.19     Subd. 2.  [FORM.] The conveyance must be in a form approved 
 54.20  by the attorney general and must provide that the land reverts 
 54.21  to the state if Parcels A and B cease to be used for a nature 
 54.22  interpretive center and recreational trail system or if Parcel C 
 54.23  ceases to be used for a municipal park. 
 54.24     Subd. 3.  [DESCRIPTION.] (a) The land to be conveyed are 
 54.25  those parts of Section 31, 32, and 33 in Township 110 North, 
 54.26  Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 
 54.27  Township 109 North, Range 20 West, in the city of Faribault, 
 54.28  Rice county, Minnesota, described as follows: 
 54.29     (1) Parcel A:  Beginning at the Southeast corner of the 
 54.30     Southeast Quarter of said Section 31; thence South 89 
 54.31     degrees, 58 minutes, 35 seconds West, along the South line 
 54.32     of said Southeast Quarter (for purposes of this description 
 54.33     bearings are assumed and based on said South line being 
 54.34     South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 
 54.35     to a point in the easterly right-of-way line of the 
 54.36     Chicago, Rock Island and Pacific railroad; thence North 8 
 55.1      degrees, 28 minutes, 35 seconds East, along said easterly 
 55.2      right-of-way line, 64.53 feet to a point in the center line 
 55.3      of the Straight river; thence along said river center line 
 55.4      on the following six courses:  (1) North 38 degrees, 39 
 55.5      minutes, 35 seconds East, 291.75 feet; (2) thence North 20 
 55.6      degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 
 55.7      thence North 34 degrees, 19 minutes, 49 seconds East, 
 55.8      248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 
 55.9      seconds East, 435.03 feet; (5) thence North 18 degrees, 9 
 55.10     minutes, 34 seconds West, 657.76 feet; (6) thence North 46 
 55.11     degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 
 55.12     in the West line of the Southwest Quarter of said Section 
 55.13     32; thence North 0 degrees, 5 minutes, 56 seconds West, 
 55.14     along said West line, 161.66 feet to a point in the 
 55.15     southwesterly right-of-way line of a street known as 
 55.16     Institute Place; thence along said southwesterly line of 
 55.17     Institute Place on the following three courses:  (1) South 
 55.18     61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 
 55.19     thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 
 55.20     feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 
 55.21     East, 215.06 feet to the Northeast corner of Block 1 in 
 55.22     AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 
 55.23     32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 
 55.24     PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 
 55.25     thence North 89 degrees, 21 minutes, 4 seconds West, along 
 55.26     the North line of said Block 1, a distance of 111.58 feet 
 55.27     to the Northwest corner of said Block 1; thence South 11 
 55.28     degrees, 41 minutes, 14 seconds East, along the West line 
 55.29     of said Block 1, a distance of 202.66 feet; thence South 12 
 55.30     degrees, 51 minutes, 4 seconds East, along said westerly 
 55.31     line of Block 1, a distance of 349.14 feet to the Southwest 
 55.32     corner of said Block 1; thence South 74 degrees, 6 minutes, 
 55.33     4 seconds East, along the southerly line of said Block 1, a 
 55.34     distance of 205.26 feet; thence South 82 degrees, 21 
 55.35     minutes, 4 seconds East, along said southerly line of Block 
 55.36     1, a distance of 106.92 feet to the Southeast corner of 
 56.1      said Block 1; thence South 38 degrees, 13 minutes, 56 
 56.2      seconds West, 194.00 feet; thence South 0 degrees, 13 
 56.3      minutes, 56 seconds West, 1000.00 feet; thence South 46 
 56.4      degrees, 15 minutes, 16 seconds West, 626.46 feet to said 
 56.5      point of beginning; 
 56.6      (2) Parcel B:  Commencing at the Northwest corner of the 
 56.7      Northeast Quarter of said Section 5; thence South 89 
 56.8      degrees, 30 minutes, 57 seconds East, along the North line 
 56.9      of said Northeast Quarter of Section 5 (for purposes of 
 56.10     this description bearings are assumed and based on said 
 56.11     North line being South 89 degrees, 30 minutes, 57 seconds 
 56.12     East), a distance of 937.89 feet to the point of beginning 
 56.13     of the parcel to be herein described; thence northwesterly 
 56.14     along a nontangential curve, concave southwesterly (curve 
 56.15     data:  delta angle = 64 degrees, 8 minutes, 9 seconds; 
 56.16     radius = 500.00 feet; chord bearing and distance = North 57 
 56.17     degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 
 56.18     distance of 559.69 feet; thence South 89 degrees, 58 
 56.19     minutes, 44 seconds West, 175.00 feet; thence 
 56.20     northwesterly, along a tangential curve, concave 
 56.21     northeasterly (curve data:  delta angle = 90 degrees, 0 
 56.22     minutes, 0 seconds; radius = 80.00 feet; chord bearing and 
 56.23     distance = North 45 degrees, 1 minute, 16 seconds West, 
 56.24     113.14 feet), an arc distance of 125.66 feet; thence North 
 56.25     0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 
 56.26     point in the North line of the South One-fourth of the 
 56.27     Southeast Quarter of said Section 32; thence South 89 
 56.28     degrees, 28 minutes, 9 seconds East, along said North line, 
 56.29     2413.98 feet to a point in the East line of said Southeast 
 56.30     Quarter of Section 32; thence South 0 degrees, 1 minute, 9 
 56.31     seconds East, along said East line, 399.59 feet; thence 
 56.32     South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 
 56.33     thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 
 56.34     feet to a point in the North line of the West One-half of 
 56.35     the Northwest Quarter of said Section 4; thence South 89 
 56.36     degrees, 38 minutes, 30 seconds East, along said North 
 57.1      line, 490.37 feet to the Northeast corner of said West 
 57.2      One-half of the Northwest Quarter; thence South 0 degrees, 
 57.3      24 minutes, 20 seconds West, along the East line of said 
 57.4      West One-half of the Northwest Quarter, 2670.04 feet to the 
 57.5      Southeast corner of said West One-half of the Northwest 
 57.6      Quarter; thence South 0 degrees, 24 minutes, 20 seconds 
 57.7      West, along the East line of the Northwest Quarter of the 
 57.8      Southwest Quarter of said Section 4, a distance of 598.97 
 57.9      feet to a point in the center line of the Straight river; 
 57.10     thence South 34 degrees, 34 minutes, 54 seconds West, along 
 57.11     said river center line, 447.98 feet; thence continue along 
 57.12     said river center line, South 13 degrees, 53 minutes, 50 
 57.13     seconds West, 359.52 feet to a point in the South line of 
 57.14     the Northwest Quarter of the Southwest Quarter of said 
 57.15     Section 4; thence North 89 degrees, 35 minutes, 28 seconds 
 57.16     West, along said South line of the Northwest Quarter of the 
 57.17     Southwest Quarter, 983.94 feet to the Southwest corner of 
 57.18     said Northwest Quarter of the Southwest Quarter; thence 
 57.19     North 89 degrees, 38 minutes, 42 seconds West, along the 
 57.20     South line of the Northeast Quarter of the Southeast 
 57.21     Quarter of said Section 5, a distance of 1328.17 feet to 
 57.22     the Southwest corner of said Northeast Quarter of the 
 57.23     Southeast Quarter; thence South 0 degrees, 31 minutes, 57 
 57.24     seconds West, along the East line of the Southwest Quarter 
 57.25     of the Southeast Quarter of said Section 5, a distance of 
 57.26     1320.78 feet to the Southeast corner of said Southwest 
 57.27     Quarter of the Southeast Quarter; thence North 89 degrees, 
 57.28     54 minutes, 59 seconds West, along the South line of said 
 57.29     Southwest Quarter of the Southeast Quarter, 1329.77 feet to 
 57.30     the Southwest corner of said Southwest Quarter of the 
 57.31     Southeast Quarter; thence North 89 degrees, 16 minutes, 29 
 57.32     seconds West, along the North line of the Northwest Quarter 
 57.33     of said Section 8, a distance of 435.63 feet to a point in 
 57.34     the northwesterly line of the City of Faribault Trail; 
 57.35     thence South 61 degrees, 6 minutes, 11 seconds West, along 
 57.36     said Faribault Trail, 20.70 feet to the beginning of a 
 58.1      spiral curve; thence southwesterly along said Faribault 
 58.2      Trail on said spiral curve, concave northwesterly (center 
 58.3      line curve data:  radius = 1644.62 feet; spiral angle = 3 
 58.4      degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 
 58.5      chord bearing and distance = South 62 degrees, 14 minutes, 
 58.6      7 seconds West, 191.95 feet), to the beginning of a 
 58.7      circular curve; thence continue southwesterly along said 
 58.8      Faribault Trail on a circular curve, concave northwesterly 
 58.9      (curve data:  delta angle = 1 degree, 55 minutes, 51 
 58.10     seconds; radius = 1544.62 feet; chord bearing and distance 
 58.11     = South 65 degrees, 31 minutes, 4 seconds West, 52.05 
 58.12     feet), an arc distance of 52.05 feet; thence continue along 
 58.13     said Faribault Trail, South 23 degrees, 31 minutes, 1 
 58.14     second East, 50.00 feet; thence continue southwesterly 
 58.15     along said Faribault Trail, on a curve, concave 
 58.16     northwesterly (curve data:  delta angle = 38 degrees, 51 
 58.17     minutes, 59 seconds; radius = 1594.62 feet; chord bearing 
 58.18     and distance = South 85 degrees, 54 minutes, 58 seconds 
 58.19     West, 1061.08 feet), an arc distance of 1081.70 feet; 
 58.20     thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 
 58.21     feet to a point in the center line of Glynview Trail 
 58.22     (county state aid highway 19); thence North 48 degrees, 33 
 58.23     minutes, 14 seconds West, along said Glynview Trail center 
 58.24     line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 
 58.25     seconds East, 285.93 feet to a point in the southwesterly 
 58.26     line of said Faribault Trail; thence North 11 degrees, 41 
 58.27     minutes, 14 seconds East, 101.49 feet to a point in the 
 58.28     northwesterly line of said Faribault Trail; thence North 40 
 58.29     degrees, 40 minutes, 22 seconds East, 265.18 feet to a 
 58.30     point in said North line of the Northwest Quarter of 
 58.31     Section 8; thence North 42 degrees, 10 minutes, 22 seconds 
 58.32     East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 
 58.33     seconds East, 205.00 feet to a point in the West line of 
 58.34     the Southeast Quarter of the Southwest Quarter of said 
 58.35     Section 5; thence North 0 degrees, 40 minutes, 22 seconds 
 58.36     East, along said West line, 410.33 feet to a point in the 
 59.1      center line of said Straight river; thence northwesterly 
 59.2      along said river center line on the following 5 courses:  
 59.3      (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 
 59.4      feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 
 59.5      850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 
 59.6      East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 
 59.7      seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 
 59.8      43 seconds West, 200.73 feet to a point in the West line of 
 59.9      the Southwest Quarter of said Section 5; thence North 0 
 59.10     degrees, 44 minutes, 44 seconds East, along said West line, 
 59.11     307.02 feet to the Southwest corner of the Northwest 
 59.12     Quarter of said Section 5; thence North 0 degrees, 37 
 59.13     minutes, 43 seconds East, along the West line of said 
 59.14     Northwest Quarter of Section 5, a distance of 264.00 feet; 
 59.15     thence North 30 degrees, 52 minutes, 17 seconds West, 
 59.16     396.00 feet; thence North 49 degrees, 52 minutes, 17 
 59.17     seconds West, 178.86 feet; thence South 51 degrees, 7 
 59.18     minutes, 43 seconds West, 264.00 feet; thence North 81 
 59.19     degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 
 59.20     North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 
 59.21     to a point in the center line of said Straight river; 
 59.22     thence northerly and westerly along said river center line 
 59.23     on the following 4 courses:  (1) North 19 degrees, 25 
 59.24     minutes, 39 seconds East, 131.22 feet; (2) North 42 
 59.25     degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 
 59.26     North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 
 59.27     (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 
 59.28     feet to a point in the North line of the South One-half of 
 59.29     the Northeast Quarter of said Section 6; thence South 89 
 59.30     degrees, 55 minutes, 31 seconds East, along said North 
 59.31     line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 
 59.32     seconds East, 384.78 feet; thence North 47 degrees, 4 
 59.33     minutes, 29 seconds East, 195.36 feet; thence South 86 
 59.34     degrees, 25 minutes, 31 seconds East, 108.44 feet to a 
 59.35     point in the southwesterly right-of-way line of the 
 59.36     Chicago, Milwaukee, St. Paul and Pacific railroad; thence 
 60.1      southeasterly along said railroad right-of-way line on a 
 60.2      curve, concave northeasterly (curve data:  delta angle = 0 
 60.3      degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 
 60.4      chord bearing and distance = South 23 degrees, 57 minutes, 
 60.5      58 seconds East, 37.16 feet), an arc distance of 37.16 
 60.6      feet; thence North 65 degrees, 40 minutes, 30 seconds East, 
 60.7      200.00 feet to a point in the northeasterly right-of-way 
 60.8      line of said railroad; thence South 78 degrees, 31 minutes, 
 60.9      31 seconds East, 644.57 feet; thence South 41 degrees, 58 
 60.10     minutes, 52 seconds East, 980.53 feet to a point in a line 
 60.11     49.50 feet westerly from and parallel with the East line of 
 60.12     the Southwest Quarter of the Northwest Quarter of said 
 60.13     Section 5; thence South 0 degrees, 36 minutes, 52 seconds 
 60.14     West, along said parallel line, 1003.61 feet to a point in 
 60.15     the North line of the Northwest Quarter of the Southwest 
 60.16     Quarter of said Section 5; thence South 0 degrees, 40 
 60.17     minutes, 22 seconds West, along a line parallel with and 
 60.18     49.50 feet westerly of the East line of said Northwest 
 60.19     Quarter of the Southwest Quarter of Section 5, a distance 
 60.20     of 86.04 feet; thence South 66 degrees, 3 minutes, 0 
 60.21     seconds West, 600.24 feet; thence South 9 degrees, 16 
 60.22     minutes, 10 seconds West, 117.00 feet; thence South 55 
 60.23     degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 
 60.24     South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 
 60.25     to a point in a line 16.50 feet easterly from and parallel 
 60.26     with the West line of the Northeast Quarter of the 
 60.27     Southwest Quarter of said Section 5; thence North 0 
 60.28     degrees, 40 minutes, 22 seconds East, along said parallel 
 60.29     line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 
 60.30     seconds East, 190.00 feet; thence North 0 degrees, 40 
 60.31     minutes, 22 seconds East, 200.00 feet; thence North 89 
 60.32     degrees, 19 minutes, 38 seconds West, 190.00 feet to a 
 60.33     point in said line 16.50 feet easterly from and parallel 
 60.34     with the West line of the Northeast Quarter of the 
 60.35     Southwest Quarter of said Section 5; thence North 0 
 60.36     degrees, 40 minutes, 22 seconds East, along said parallel 
 61.1      line, 133.39 feet to a point in the South line of the 
 61.2      Southeast Quarter of the Northwest Quarter of said Section 
 61.3      5; thence North 0 degrees, 36 minutes, 52 seconds East, 
 61.4      along a line parallel with and 16.50 feet easterly of the 
 61.5      West line of said Southeast Quarter of the Northwest 
 61.6      Quarter of Section 5, a distance of 720.09 feet; thence 
 61.7      South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 
 61.8      to a point in the East line of said Southeast Quarter of 
 61.9      the Northwest Quarter of Section 5; thence South 89 
 61.10     degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 
 61.11     North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 
 61.12     thence North 18 degrees, 38 minutes, 14 seconds West, 
 61.13     124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 
 61.14     East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 
 61.15     seconds East, 108.46 feet to a point designated as Point A; 
 61.16     thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 
 61.17     feet; thence North 52 degrees, 19 minutes, 41 seconds East, 
 61.18     270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 
 61.19     West, 500.00 feet; thence along a tangential curve, concave 
 61.20     westerly (curve data:  delta angle = 23 degrees, 14 
 61.21     minutes, 51 seconds; radius = 500.00 feet; chord bearing 
 61.22     and distance = North 14 degrees, 15 minutes, 41 seconds 
 61.23     West, 201.48 feet), an arc distance of 202.87 feet to said 
 61.24     point of beginning; and 
 61.25     (3) Parcel C:  Beginning at the Northeast corner of the 
 61.26     Southwest Quarter of said section 32; thence southerly, 
 61.27     along the East line of said Southwest Quarter (for purposes 
 61.28     of this description bearing of said East line is assumed 
 61.29     South 0 degrees, 4 minutes, 9 seconds West), a distance of 
 61.30     1638.76 feet; thence North 89 degrees, 18 minutes, 51 
 61.31     seconds West, 33.00 feet to the Southeast corner of Block 
 61.32     1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 
 61.33     COUNTY, MINNESOTA, said Southeast corner being a point in 
 61.34     the West line of Tenth Avenue Northeast and the true point 
 61.35     of beginning of the parcel to be herein described; thence 
 61.36     South 0 degrees, 4 minutes, 9 seconds West, along said West 
 62.1      line of Tenth Avenue Northeast, 360.00 feet; thence North 
 62.2      89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 
 62.3      point in the East line of vacated State Avenue; thence 
 62.4      North 0 degrees, 4 minutes, 9 seconds East, along said East 
 62.5      line of vacated State Avenue, 360.00 feet to the Southwest 
 62.6      corner of said Block 1; thence South 89 degrees, 18 
 62.7      minutes, 51 seconds East, along the South line of said 
 62.8      Block 1, 826.98 feet to said true point of beginning. 
 62.9      (b) The following land is excepted from the land described 
 62.10  in paragraph (a): 
 62.11     (1) Parcel D:  That part of the North One-half of the 
 62.12     Northeast Quarter of Section 6 and that part of the North 
 62.13     One-half of the Northwest Quarter of Section 5, all in 
 62.14     Township 109 North, Range 20 West, in the city of 
 62.15     Faribault, Rice county, Minnesota, described as follows:  
 62.16     Beginning at a point in the East line of said Northeast 
 62.17     Quarter of Section 6 (for purposes of this description 
 62.18     bearings are assumed and based on said East line being 
 62.19     South 0 degrees, 37 minutes, 43 seconds West), a distance 
 62.20     of 1309.61 feet southerly from the Northeast corner of said 
 62.21     Northeast Quarter; thence South 86 degrees, 27 minutes, 58 
 62.22     seconds West, 153.73 feet; thence North 0 degrees, 13 
 62.23     minutes, 34 seconds East, 252.29 feet; thence South 89 
 62.24     degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 
 62.25     in the southwesterly right-of-way line of the Chicago, Rock 
 62.26     Island and Pacific railroad; thence southeasterly, along 
 62.27     said railroad right-of-way line, on a curve, concave 
 62.28     northeasterly (curve data:  radius = 2914.77 feet; delta 
 62.29     angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 
 62.30     distance = South 30 degrees, 58 minutes, 52 seconds East, 
 62.31     277.26 feet), an arc distance of 277.37 feet; thence South 
 62.32     86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 
 62.33     point of beginning; and 
 62.34     (2) the property deeded to the Chicago, Rock Island and 
 62.35     Pacific railroad, and City of Faribault Trail. 
 62.36     (c) The land described in paragraph (a) is subject to: 
 63.1      (1) Glynview Trail (county state aid highway 19) over the 
 63.2      southwesterly side thereof; 
 63.3      (2) 220th Street East over part of the southerly side of 
 63.4      Section 5; 
 63.5      (3) Fifth Street Northeast over part of the northerly side 
 63.6      of the South One-quarter of the Southeast Quarter of 
 63.7      Section 32; 
 63.8      (4) an easement for ingress and egress over and across 
 63.9      Parcel B, said easement being a strip of land 30.00 feet in 
 63.10     width lying immediately adjacent to and southwesterly of 
 63.11     the southwesterly right-of-way line of said Chicago, Rock 
 63.12     Island and Pacific railroad, bounded on the North by the 
 63.13     southerly line of Parcel D, and bounded on the East by a 
 63.14     line 49.50 feet westerly of and parallel with said East 
 63.15     line of the Southwest Quarter of the Northwest Quarter of 
 63.16     Section 5; and 
 63.17     (5) an easement for access to and maintenance of a deep 
 63.18     sewer tunnel over, under, and across part of Parcel B, 
 63.19     being a strip of land 100.00 feet in width, 50.00 feet on 
 63.20     both sides of the following described center line:  
 63.21     Commencing at said Point A in Parcel B; thence North 56 
 63.22     degrees, 4 minutes, 42 seconds East, 267.00 feet to the 
 63.23     point of beginning of said easement center line; thence 
 63.24     South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 
 63.25     and there terminating; the side lines of said easement to 
 63.26     be lengthened or shortened to meet in said course herein 
 63.27     described as North 56 degrees, 4 minutes, 42 seconds East. 
 63.28     Subd. 4.  [PURPOSE.] The land to be conveyed is no longer 
 63.29  utilized by the department of corrections in Faribault.  The 
 63.30  city of Faribault intends to continue to use Parcels A and B for 
 63.31  a nature interpretive center and recreational trail system and 
 63.32  Parcel C for a municipal park. 
 63.33     Sec. 2.  [EFFECTIVE DATE.] 
 63.34     Section 1 is effective the day following final enactment.