1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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; 244.05, subdivision 7; 299C.06; 1.32 299C.09; 299F.04, by adding a subdivision; 357.021, by 1.33 adding subdivisions; 488A.03, subdivision 11; 588.01, 1.34 subdivision 3; 609.3241; 611.14; 611.20, subdivision 1.35 3; 611.26, subdivisions 2 and 3; and 611.27, 1.36 subdivisions 1 and 7; Minnesota Statutes 1997 1.37 Supplement, sections 97A.065, subdivision 2; 168.042, 1.38 subdivision 11a; 169.14, subdivision 5d; 171.29, 1.39 subdivision 2; 241.277, subdivisions 6, 9, and by 1.40 adding a 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 open the Brainerd 3.53 facility on or after July 1, 1999, if 4.1 the commissioner shows a demonstrated 4.2 need for the opening and the 4.3 legislature, by law, approves it. 4.4 Subd. 3. Community Services 4.5 220,000 2,713,000 4.6 $170,000 the first year and $315,000 4.7 the second year are for probation and 4.8 supervised release for the state 4.9 assumption of juvenile and adult 4.10 misdemeanant probation services in 4.11 Winona county. 4.12 $50,000 the first year and $210,000 the 4.13 second year are for probation and 4.14 supervised release for the state 4.15 assumption of juvenile and adult 4.16 misdemeanant probation services in 4.17 Benton county. 4.18 The appropriation in Laws 1997, chapter 4.19 239, article 1, section 12, subdivision 4.20 2, for the fiscal year ending June 30, 4.21 1999, for correctional institutions is 4.22 reduced by $1,000,000. That amount is 4.23 added to the appropriation in Laws 4.24 1997, chapter 239, article 1, section 4.25 12, subdivision 4, for the fiscal year 4.26 ending June 30, 1999, and shall be used 4.27 for increased grants to counties that 4.28 deliver correctional services. This 4.29 money shall be added to the base level 4.30 appropriated under Laws 1997, chapter 4.31 239, article 1, section 12, subdivision 4.32 4, for probation officer workload 4.33 reduction and is intended to reduce 4.34 state and county probation officer 4.35 caseload and workload overcrowding and 4.36 to increase supervision of individuals 4.37 sentenced to probation at the county 4.38 level. This increased supervision may 4.39 be accomplished through a variety of 4.40 methods, including, but not limited to: 4.41 (1) innovative technology services, 4.42 such as automated probation reporting 4.43 systems and electronic monitoring; 4.44 (2) prevention and diversion programs; 4.45 (3) intergovernmental cooperation 4.46 agreements between local governments 4.47 and appropriate community resources; 4.48 and 4.49 (4) traditional probation program 4.50 services. 4.51 Counties that deliver correctional 4.52 services under Minnesota Statutes, 4.53 section 244.19, and that qualify for 4.54 new probation officers under this 4.55 program shall receive full 4.56 reimbursement for the officers' 4.57 benefits and support not to exceed 4.58 $70,000 annually. Positions funded by 4.59 this appropriation may not supplant 4.60 existing services. 5.1 The commissioner shall distribute money 5.2 appropriated for state and county 5.3 probation officer caseload and workload 5.4 reduction according to the formula 5.5 contained in Minnesota Statutes, 5.6 section 401.10. This appropriation may 5.7 not be used to supplant existing state 5.8 or county probation officer positions 5.9 or existing correctional services or 5.10 programs. 5.11 The appropriation in Laws 1997, chapter 5.12 239, article 1, section 12, subdivision 5.13 2, for the fiscal year ending June 30, 5.14 1999, for correctional institutions is 5.15 reduced by $222,000. That amount is 5.16 added to the appropriation in Laws 5.17 1997, chapter 239, article 1, section 5.18 12, subdivision 4, for the fiscal year 5.19 ending June 30, 1999, and shall be used 5.20 for a grant to Ramsey county for the 5.21 development and operation of the 5.22 breaking the cycle of violence pilot 5.23 project described in article 2, section 5.24 9. Ramsey county must provide at least 5.25 a one-to-one funding match. 5.26 $50,000 the second year is for grants 5.27 to existing restorative justice 5.28 programs, as described in Minnesota 5.29 Statutes, section 611A.775. In 5.30 awarding grants under this section, the 5.31 commissioner shall give priority to 5.32 existing programs that involve 5.33 face-to-face dialogue. This 5.34 appropriation is available until 5.35 expended. 5.36 $123,000 the second year is a one-time 5.37 appropriation to fund additional 5.38 juvenile mentoring pilot programs of 5.39 the type described in Laws 1996, 5.40 chapter 408, article 2, section 8. At 5.41 the end of the pilot programs, the 5.42 commissioner shall report findings and 5.43 recommendations concerning the pilot 5.44 programs to the chairs of the house and 5.45 senate committees with jurisdiction 5.46 over criminal justice and higher 5.47 education issues. This appropriation 5.48 is available until expended. 5.49 $250,000 the second year is a one-time 5.50 appropriation for a grant to the 5.51 southwest and west central service 5.52 cooperative to operate the child guide 5.53 prevention program for children in 5.54 kindergarten through grade 6. 5.55 $765,000 the second year is to 5.56 administer the remote electronic 5.57 alcohol monitoring program described in 5.58 Minnesota Statutes, section 169.1219. 5.59 $1,000,000 the second year is a 5.60 one-time appropriation for the 5.61 institution community work crew house 5.62 construction program. Funds returned 5.63 to the state upon sale of houses under 5.64 this program must be deposited into the 5.65 account created in Minnesota Statutes, 6.1 section 241.278, and are appropriated 6.2 for further projects under this program. 6.3 Sec. 8. CORRECTIONS OMBUDSMAN 30,000 30,000 6.4 $30,000 the first year and $30,000 the 6.5 second year are for agency head salary 6.6 and benefit adjustments to the 6.7 Ombudsman for Corrections. 6.8 Sec. 9. PUBLIC SAFETY 6.9 Subdivision 1. Total 6.10 Appropriation 164,000 1,455,000 6.11 The amounts that may be spent from this 6.12 appropriation for each program are 6.13 specified in the following subdivisions. 6.14 Subd. 2. Emergency 6.15 Management 6.16 100,000 50,000 6.17 $100,000 the first year is a one-time 6.18 appropriation for the purchase of 6.19 flood-fighting supplies and equipment. 6.20 $50,000 the second year is to fund one 6.21 full-time staff person to coordinate 6.22 volunteer resources during disasters, 6.23 as described in article 5, section 1. 6.24 Subd. 3. Crime Victim 6.25 Ombudsman 6.26 64,000 265,000 6.27 $64,000 the first year and $165,000 the 6.28 second year are for the consolidation 6.29 of crime victim services under 6.30 provisions of reorganization order 180. 6.31 $100,000 the second year is a one-time 6.32 appropriation for grants to 6.33 organizations providing intensive case 6.34 management specific to the needs of 6.35 prostituted individuals receiving 6.36 housing component services, such as 6.37 rental, mortgage, and utility 6.38 assistance. Grantees must provide a 6.39 match of five percent in money or 6.40 in-kind services. This appropriation 6.41 is available until expended. 6.42 Subd. 4. Fire Marshall 6.43 -0- 170,000 6.44 $170,000 is to establish, administer, 6.45 and maintain the arson investigative 6.46 data system described in Minnesota 6.47 Statutes, section 299F.04. 6.48 Subd. 5. Criminal Apprehension 6.49 -0- 50,000 6.50 $50,000 is to administer and maintain 6.51 the conditional release data system 6.52 described in Minnesota Statutes, 7.1 section 299C.147. 7.2 Subd. 6. Law Enforcement and 7.3 Community Grants 7.4 -0- 920,000 7.5 $220,000 is a one-time appropriation 7.6 for weed and seed grants under 7.7 Minnesota Statutes, section 299A.63. 7.8 $500,000 is a one-time appropriation to 7.9 provide grants to local law enforcement 7.10 agencies to purchase automatic external 7.11 defibrillators under article 2, section 7.12 8. 7.13 $100,000 is a one-time appropriation to 7.14 conduct the study of the use of 7.15 biometrics in law enforcement described 7.16 in article 2, section 10. 7.17 $50,000 is a one-time appropriation for 7.18 a grant to the Minnesota safety council 7.19 to promote crosswalk safety. 7.20 $50,000 is a one-time appropriation for 7.21 a grant to the city of Fridley to plan, 7.22 design, establish, and begin the 7.23 operation of a truancy service center. 7.24 The center must serve southern Anoka 7.25 county. 7.26 Sec. 10. BOARD OF PEACE 7.27 OFFICER STANDARDS AND TRAINING 148,000 104,000 7.28 $148,000 the first year is a one-time 7.29 appropriation for extraordinary legal 7.30 costs related to the settlement and 7.31 release of a wrongful discharge claim. 7.32 $104,000 the second year is a one-time 7.33 appropriation for Metropolitan State 7.34 University to establish a center for 7.35 applied research and policy analysis. 7.36 This center must serve as a liaison 7.37 between the public, educational 7.38 institutions, and public safety 7.39 professionals for purposes of 7.40 conducting research to document the 7.41 effectiveness and efficiency of current 7.42 programs and exploring new methods for 7.43 improving public safety. 7.44 Sec. 11. TRADE AND 7.45 ECONOMIC DEVELOPMENT -0- 50,000 7.46 $50,000 is a one-time appropriation for 7.47 the board of invention to make grants 7.48 to encourage the efforts of persons 7.49 seeking inventive solutions to issues 7.50 involving law enforcement and crime 7.51 prevention. 7.52 Sec. 12. ADMINISTRATION -0- 200,000 7.53 $200,000 is a one-time appropriation to 7.54 conduct the pretrial release study 7.55 described in article 6, section 19. 7.56 Sec. 13. LEGISLATIVE COORDINATING 8.1 COMMISSION -0- 10,000 8.2 $10,000 is a one-time appropriation for 8.3 compensation and expenses for the 8.4 members of the: (1) task force on 8.5 sexually dangerous persons/persons with 8.6 psychopathic personalities created in 8.7 article 5, section 11; and (2) task 8.8 force on the guilty but mentally ill 8.9 verdict created in article 6, section 8.10 23. This sum is available the day 8.11 following final enactment. 8.12 Sec. 14. HUMAN RIGHTS 8.13 The commissioner of human rights may 8.14 transfer staff and money appropriated 8.15 for staffing within the department as 8.16 the commissioner sees fit. 8.17 ARTICLE 2 8.18 CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS 8.19 Section 1. Minnesota Statutes 1997 Supplement, section 8.20 168.042, subdivision 11a, is amended to read: 8.21 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION 8.22 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 8.23 vehicles reinstates a person's registration plates after 8.24 impoundment for reasons other than those described in 8.25 subdivision 11, the registrar shall charge the person
$25$50 8.26 for each vehicle for which the registration plates are being 8.27 reinstated. Money raised under this subdivision must be paid8.28 into the state treasury and credited to the highway user tax8.29 distribution fund.8.30 Sec. 2. Minnesota Statutes 1996, section 168.042, 8.31 subdivision 12, is amended to read: 8.32 Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 8.33 violator or registered owner may apply to the commissioner for 8.34 new registration plates, which must bear a special series of 8.35 numbers or letters so as to be readily identified by traffic law 8.36 enforcement officers. The commissioner may authorize the 8.37 issuance of special plates if: 8.38 (1) the violator has a qualified licensed driver whom the 8.39 violator must identify; 8.40 (2) the violator or registered owner has a limited license 8.41 issued under section 171.30; 8.42 (3) the registered owner is not the violator and the 9.1 registered owner has a valid or limited driver's license; or 9.2 (4) a member of the registered owner's household has a 9.3 valid driver's license. 9.4 The commissioner may issue the special plates on payment of a 9.5 $25$50 fee for each vehicle for which special plates are 9.6 requested. 9.7 Sec. 3. Minnesota Statutes 1996, section 168.042, 9.8 subdivision 15, is amended to read: 9.9 Subd. 15. [FEES CREDITED TO HIGHWAY USER FUND.] Fees 9.10 collected from the sale or reinstatement of license plates under 9.11 this section must be paid into the state treasury and 9.12 credited one-half to the highway user tax distribution fund and 9.13 one-half to the general fund. 9.14 Sec. 4. [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 9.15 PROGRAM.] 9.16 Subdivision 1. [DEFINITIONS.] As used in this section, the 9.17 following terms have the meanings given. 9.18 (a) "Breath analyzer unit" means a device that performs 9.19 breath alcohol testing and is connected to a remote electronic 9.20 alcohol monitoring system. 9.21 (b) "Remote electronic alcohol monitoring system" means a 9.22 system that electronically monitors the alcohol concentration of 9.23 individuals in their homes or other locations to ensure 9.24 compliance with conditions of pretrial release, supervised 9.25 release, or probation. 9.26 Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the 9.27 conference of chief judges, the state court administrator, and 9.28 the commissioner of public safety, the commissioner of 9.29 corrections shall establish a program to use breath analyzer 9.30 units to monitor DWI offenders who are ordered to abstain from 9.31 alcohol use as a condition of pretrial release, supervised 9.32 release, or probation. The program must include procedures to 9.33 ensure that violators of this condition of release receive swift 9.34 consequences for the violation. 9.35 Subd. 3. [COSTS OF PROGRAM.] Offenders who are ordered to 9.36 participate in the program shall also be ordered to pay the per 10.1 diem cost of the monitoring unless the offender is indigent. 10.2 The commissioner of corrections shall reimburse the judicial 10.3 districts in a manner proportional to their use of remote 10.4 electronic alcohol monitoring for any costs the districts incur 10.5 in participating in the program. 10.6 Subd. 4. [REPORT REQUIRED.] After five years, the 10.7 commissioner of corrections shall evaluate the effectiveness of 10.8 the program and report the results of this evaluation to the 10.9 conference of chief judges, the state court administrator, the 10.10 commissioner of public safety, and the chairs of the house and 10.11 senate committees and divisions having jurisdiction over 10.12 criminal justice policy and funding. 10.13 Sec. 5. Minnesota Statutes 1997 Supplement, section 10.14 171.29, subdivision 2, is amended to read: 10.15 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 10.16 license has been revoked as provided in subdivision 1, except 10.17 under section 169.121 or 169.123, shall pay a $30 fee before the 10.18 driver's license is reinstated. 10.19 (b) A person whose driver's license has been revoked as 10.20 provided in subdivision 1 under section 169.121 or 169.123 shall 10.21 pay a $250 fee plus a $10$40 surcharge before the driver's 10.22 license is reinstated. The $250 fee is to be credited as 10.23 follows: 10.24 (1) Twenty percent shall be credited to the trunk highway 10.25 fund. 10.26 (2) Fifty-five percent shall be credited to the general 10.27 fund. 10.28 (3) Eight percent shall be credited to a separate account 10.29 to be known as the bureau of criminal apprehension account. 10.30 Money in this account may be appropriated to the commissioner of 10.31 public safety and the appropriated amount shall be apportioned 10.32 80 percent for laboratory costs and 20 percent for carrying out 10.33 the provisions of section 299C.065. 10.34 (4) Twelve percent shall be credited to a separate account 10.35 to be known as the alcohol-impaired driver education account. 10.36 Money in the account is appropriated as follows: 11.1 (i) The first $200,000 in a fiscal year is to the 11.2 commissioner of children, families, and learning for programs in 11.3 elementary and secondary schools. 11.4 (ii) The remainder credited in a fiscal year is 11.5 appropriated to the commissioner of transportation to be spent 11.6 as grants to the Minnesota highway safety center at St. Cloud 11.7 State University for programs relating to alcohol and highway 11.8 safety education in elementary and secondary schools. 11.9 (5) Five percent shall be credited to a separate account to 11.10 be known as the traumatic brain injury and spinal cord injury 11.11 account. $100,000 is annually appropriated from the account to 11.12 the commissioner of human services for traumatic brain injury 11.13 case management services. The remaining money in the account is 11.14 annually appropriated to the commissioner of health to establish 11.15 and maintain the traumatic brain injury and spinal cord injury 11.16 registry created in section 144.662 and to reimburse the 11.17 commissioner of economic security for the reasonable cost of 11.18 services provided under section 268A.03, clause (o). 11.19 (c) The $10$40 surcharge shall be credited to a separate 11.20 account to be known as the remote electronic alcohol monitoring 11.21 pilotprogram account. The commissioner shall transfer the 11.22 balance of this account to the commissioner of finance on a 11.23 monthly basis for deposit in the general fund. 11.24 Sec. 6. [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 11.25 A community-based organization, in collaboration with a 11.26 local governmental unit, may establish a restorative justice 11.27 program. A restorative justice program is a program that 11.28 provides forums where certain individuals charged with or 11.29 petitioned for having committed an offense meet with the victim, 11.30 if appropriate; the victim's family members or other supportive 11.31 persons, if appropriate; the offender's family members or other 11.32 supportive persons, if appropriate; a law enforcement official 11.33 or prosecutor when appropriate; other criminal justice system 11.34 professionals when appropriate; and members of the community, in 11.35 order to: 11.36 (1) discuss the impact of the offense on the victim and the 12.1 community; 12.2 (2) provide support to the victim and methods for 12.3 reintegrating the victim into community life; 12.4 (3) assign an appropriate sanction to the offender; and 12.5 (4) provide methods for reintegrating the offender into 12.6 community life. 12.7 Sec. 7. Laws 1996, chapter 408, article 2, section 16, is 12.8 amended to read: 12.9 Sec. 16. [REPEALER.] 12.10 (a) Minnesota Statutes 1994, section 299A.60, is repealed. 12.11 (b) Section 1 is repealed JanuaryJuly 1, 20021999. 12.12 Sec. 8. [AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT PROGRAM.] 12.13 (a) As used in this section, "local law enforcement agency" 12.14 includes the capitol complex security division of the department 12.15 of public safety. 12.16 (b) The commissioner of public safety shall administer a 12.17 grant program to provide grants to local law enforcement 12.18 agencies to purchase automatic external defibrillators. Grants 12.19 awarded under this section may only be made to law enforcement 12.20 agencies that are first responders for medical emergencies. Law 12.21 enforcement agencies that receive grants under this section must: 12.22 (1) provide any necessary training to their employees 12.23 concerning the use of the defibrillator; 12.24 (2) retain or consult with a physician consultant who is 12.25 responsible for assisting the agency with issues involving the 12.26 defibrillator and following up on the medical status of persons 12.27 on whom a defibrillator has been used; and 12.28 (3) compile statistics on the use of the defibrillator and 12.29 its results and report this information to the commissioner as 12.30 required. 12.31 (c) By January 15, 1999, the commissioner shall report to 12.32 the chairs of the senate and house divisions having jurisdiction 12.33 over criminal justice funding on grants awarded under paragraph 12.34 (b). 12.35 Sec. 9. [BREAKING THE CYCLE OF VIOLENCE PILOT PROJECT.] 12.36 (a) Ramsey county shall establish a one-year pilot project 13.1 providing intensive intervention to families who have been 13.2 involved in the violent drug culture. The pilot project must be 13.3 divided into three phases. Phase I must provide up to 90 days 13.4 of intensive residential services as an alternative to the 13.5 incarceration of adult women and out-of-home placement of their 13.6 children. Phase II must involve placement in a transitional 13.7 housing program. Phase III must involve reintegration into 13.8 neighborhood living and responsible citizenship with the 13.9 assistance of community-based neighborhood organizations that 13.10 are recruited by project staff. Case management for families 13.11 and weekly urine analysis for the adult women must be provided 13.12 throughout the project. 13.13 (b) By January 15, 2000, Ramsey county shall report to the 13.14 chairs of the senate and house divisions having jurisdiction 13.15 over criminal justice funding on the results of the pilot 13.16 project. 13.17 Sec. 10. [STUDY OF THE USE OF BIOMETRICS IN LAW 13.18 ENFORCEMENT.] 13.19 Subdivision 1. [STUDY REQUIRED.] The commissioner of 13.20 public safety shall study the use of biometrics in law 13.21 enforcement. The study must evaluate potential uses for 13.22 biometrics in such areas as the enforcement of laws prohibiting 13.23 the purchase of alcohol and tobacco products by underaged 13.24 persons, deployment in peace officer squad cars, crime 13.25 prevention efforts, and other innovative law enforcement 13.26 applications. In addition, the study must evaluate the costs 13.27 associated with these potential uses. 13.28 Subd. 2. [REPORT.] By January 15, 1999, the commissioner 13.29 shall report to the chairs of the senate and house committees 13.30 and divisions having jurisdiction over criminal justice policy 13.31 and funding on the results of the study. 13.32 ARTICLE 3 13.33 GENERAL CRIME PROVISIONS 13.34 Section 1. [609.5631] [ARSON IN THE FOURTH DEGREE.] 13.35 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 13.36 section, the following terms have the meanings given. 14.1 (b) "Multiple unit residential building" means a building 14.2 containing two or more apartments. 14.3 (c) "Public building" means a building such as a hotel, 14.4 hospital, motel, dormitory, sanitarium, nursing home, theater, 14.5 stadium, gymnasium, amusement park building, school or other 14.6 building used for educational purposes, museum, restaurant, bar, 14.7 correctional institution, place of worship, or other building of 14.8 public assembly. 14.9 Subd. 2. [CRIME DESCRIBED.] Whoever intentionally by means 14.10 of fire or explosives sets fire to or burns or causes to be 14.11 burned any real or personal property in a multiple unit 14.12 residential building or public building is guilty of a gross 14.13 misdemeanor and may be sentenced to imprisonment for not more 14.14 than one year or to payment of a fine of not more than $3,000, 14.15 or both. 14.16 Sec. 2. [609.5632] [ARSON IN THE FIFTH DEGREE.] 14.17 Whoever intentionally by means of fire or explosives sets 14.18 fire to or burns or causes to be burned any real or personal 14.19 property of value is guilty of a misdemeanor and may be 14.20 sentenced to imprisonment for not more than 90 days or to 14.21 payment of a fine of not more than $700, or both. 14.22 Sec. 3. [REPEALER.] 14.23 Minnesota Statutes 1996, section 609.563, subdivision 2, is 14.24 repealed. 14.25 Sec. 4. [EFFECTIVE DATE.] 14.26 Sections 1 to 3 are effective August 1, 1998, and apply to 14.27 crimes committed on or after that date. 14.28 ARTICLE 4 14.29 CORRECTIONS 14.30 Section 1. Minnesota Statutes 1996, section 3.739, 14.31 subdivision 1, is amended to read: 14.32 Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands 14.33 arising out of the circumstances described in this subdivision 14.34 shall be presented to, heard, and determined as provided in 14.35 subdivision 2: 14.36 (1) an injury to or death of an inmate of a state, 15.1 regional, or local correctional facility or county jail who has 15.2 been conditionally released and ordered to perform uncompensated 15.3 work for a state agency, a political subdivision or public 15.4 corporation of this state, a nonprofit educational, medical, or 15.5 social service agency, or a private business or individual, as a 15.6 condition of the release, while performing the work; 15.7 (2) an injury to or death of a person sentenced by a court, 15.8 granted a suspended sentence by a court, or subject to a court 15.9 disposition order, and who, under court order, is performing 15.10 work (a) in restitution, (b) in lieu of or to work off fines or 15.11 court ordered costs, (c) in lieu of incarceration, or (d) as a 15.12 term or condition of a sentence, suspended sentence, or 15.13 disposition order, while performing the work; 15.14 (3) an injury to or death of a person, who has been 15.15 diverted from the court system and who is performing work as 15.16 described in paragraph (1) or (2) under a written agreement 15.17 signed by the person, and if a juvenile, by a parent or 15.18 guardian; or15.19 (4) an injury to or death of any person caused by an 15.20 individual who was performing work as described in paragraph 15.21 (1), (2), or (3); or 15.22 (5) necessary medical care of offenders sentenced to the 15.23 Camp Ripley work program described in section 241.277. 15.24 Sec. 2. Minnesota Statutes 1996, section 241.01, 15.25 subdivision 7, is amended to read: 15.26 Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 15.27 commissioner of corrections may authorize and permit public or 15.28 private social service, educational, or rehabilitation agencies 15.29 or organizations, and their clients; or lawyers, insurance 15.30 companies, or others; to use the facilities, staff, and other 15.31 resources of correctional facilities under the commissioner's 15.32 control and may require the participating agencies or 15.33 organizations to pay all or part of the costs thereof. All sums 15.34 of money received pursuant to the agreements herein authorized 15.35 shall not cancel until the end of the fiscal year immediately 15.36 following the fiscal year in which the funds were received. The 16.1 funds are available for use by the commissioner during that 16.2 period, and are hereby appropriated annually to the commissioner 16.3 of corrections for the purposes of this subdivision. 16.4 The commissioner may provide meals for staff and visitors 16.5 for efficiency of operation and may require the participants to 16.6 pay all or part of the costs of the meals. All sums of money 16.7 received under this provision are appropriated to the 16.8 commissioner and shall not cancel until the end of the fiscal 16.9 year immediately following the fiscal year in which the funds 16.10 were received. 16.11 Sec. 3. Minnesota Statutes 1996, section 241.01, is 16.12 amended by adding a subdivision to read: 16.13 Subd. 9. [LEASES FOR CORRECTIONAL FACILITY 16.14 PROPERTY.] Money collected as rent under section 16B.24, 16.15 subdivision 5, for state property at any of the correctional 16.16 facilities administered by the commissioner of corrections is 16.17 appropriated to the commissioner and is dedicated to the 16.18 correctional facility from which it is generated. Any balance 16.19 remaining at the end of the fiscal year shall not cancel and is 16.20 available until expended. 16.21 Sec. 4. Minnesota Statutes 1997 Supplement, section 16.22 241.277, subdivision 6, is amended to read: 16.23 Subd. 6. [LENGTH OF STAY.] An offender sentenced by a 16.24 court to the work program must serve a minimum of two-thirds of 16.25 the pronounced sentence unless the offender is terminated from 16.26 the program and remanded to the custody of the sentencing court 16.27 as provided in subdivision 7. The offender may be required to 16.28 remain at the program beyond the minimum sentence for any period 16.29 up to the full sentence if the offender violates disciplinary 16.30 rules. An offender whose program completion occurs on a 16.31 Saturday, Sunday, or holiday shall be allowed to return to the 16.32 community on the last day before the completion date that is not 16.33 a Saturday, Sunday, or holiday. If the offender's stay in the 16.34 program was extended due to a violation of the disciplinary 16.35 rules and the offender's day of completion is a Saturday, 16.36 Sunday, or holiday, the offender shall not be allowed to return 17.1 to the community until the day following that is not a Saturday, 17.2 Sunday, or holiday. 17.3 Sec. 5. Minnesota Statutes 1997 Supplement, section 17.4 241.277, is amended by adding a subdivision to read: 17.5 Subd. 6a. [FURLOUGHS.] The commissioner may furlough an 17.6 offender for up to three days in the event of the death of a 17.7 family member or spouse. If the commissioner determines that 17.8 the offender requires serious and immediate medical attention, 17.9 the commissioner may grant furloughs of up to three days to 17.10 provide appropriate health care. 17.11 Sec. 6. Minnesota Statutes 1997 Supplement, section 17.12 241.277, subdivision 9, is amended to read: 17.13 Subd. 9. [COSTS OF PROGRAM.] Counties sentencing offenders 17.14 to the program must pay 25 percent of the per diem expenses for 17.15 the offender. Per diem money received from the counties are 17.16 appropriated to the commissioner of corrections for program 17.17 expenses. Sums of money received by the commissioner under this 17.18 subdivision shall not cancel until the end of the fiscal year 17.19 immediately following the fiscal year in which the funds were 17.20 received by the commissioner. The commissioner is responsible 17.21 for all other costs associated with the placement of offenders 17.22 in the program, including, but not limited to, the remaining per 17.23 diem expenses and the full cost of transporting offenders to and 17.24 from the program. Costs of medical care must be paid according 17.25 to the provisions of section 3.739. 17.26 Sec. 7. [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 17.27 COUNTY JAIL INMATES.] 17.28 The commissioner of corrections, in the interest of inmate 17.29 rehabilitation, may enter into interagency agreements with 17.30 state, county, or municipal agencies, or contract with nonprofit 17.31 agencies to fund or partially fund the cost of programs that use 17.32 state or county jail inmates as a work force. The commissioner 17.33 is authorized to receive and deposit funds via these agreements 17.34 into the special revenue fund. The funds are appropriated to 17.35 partially or fully support those programs. The commissioner may 17.36 establish separate inmate accounts within those programs. 18.1 Sec. 8. Minnesota Statutes 1996, section 242.32, 18.2 subdivision 1, is amended to read: 18.3 Subdivision 1. [COMMUNITY-BASED PROGRAMMING.] The 18.4 commissioner of corrections shall be charged with the duty of 18.5 developing constructive programs for the prevention and decrease 18.6 of delinquency and crime among youth. To that end, the 18.7 commissioner shall cooperate with counties and existing agencies 18.8 to encourage the establishment of new programming, both local 18.9 and statewide, to provide a continuum of services for serious 18.10 and repeat juvenile offenders who do not require secure 18.11 placement. The commissioner shall work jointly with the 18.12 commissioner of human services and counties and municipalities 18.13 to develop and provide community-based services for residential 18.14 placement of juvenile offenders and community-based services for 18.15 nonresidential programming for juvenile offenders and their 18.16 families. 18.17 Notwithstanding any law to the contrary, the commissioner 18.18 is authorized to contract with counties placing juveniles in the 18.19 serious/chronic program, PREPARE, at the Minnesota Correctional 18.20 Facility-Red Wing to provide necessary extended community 18.21 transition programming. Funds resulting from the contracts 18.22 shall be deposited in the state treasury and are appropriated to 18.23 the commissioner for juvenile correctional purposes. 18.24 Sec. 9. Minnesota Statutes 1996, section 244.05, 18.25 subdivision 7, is amended to read: 18.26 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 18.27 Before the commissioner releases from prison any inmate 18.28 convicted under sections 609.342 to 609.345 or sentenced as a 18.29 patterned offender under section 609.1352, and determined by the 18.30 commissioner to be in a high risk category, the commissioner 18.31 shall make a preliminary determination whether, in the 18.32 commissioner's opinion, a petition under section 253B.185 may be 18.33 appropriate. If the commissioner determines that a petition may 18.34 be appropriate, the commissioner shall forward this 18.35 determination, along with a summary of the reasons for the 18.36 determination, to the county attorney in the county where the 19.1 inmate was convicted no later than six12 months before the 19.2 inmate's release date. If the inmate is received for 19.3 incarceration with less than 12 months remaining in the inmate's 19.4 term of imprisonment, the commissioner shall forward the 19.5 determination as soon as is practicable. Upon receiving the 19.6 commissioner's preliminary determination, the county attorney 19.7 shall proceed in the manner provided in section 253B.185. The 19.8 commissioner shall release to the county attorney all requested 19.9 documentation maintained by the department. 19.10 Sec. 10. Minnesota Statutes 1997 Supplement, section 19.11 401.13, is amended to read: 19.12 401.13 [CHARGES MADE TO COUNTIES.] 19.13 Each participating county will be charged a sum equal to 19.14 the actual per diem cost of confinement, excluding education 19.15 costs, of those juveniles committed to the commissioner and 19.16 confined in a state correctional facility. The commissioner 19.17 shall annually determine costs making necessary adjustments to 19.18 reflect the actual costs of confinement. The commissioner of 19.19 corrections shall bill the counties and deposit the receipts 19.20 from the counties in the general fund. All charges shall be a 19.21 charge upon the county of commitment. 19.22 Sec. 11. Minnesota Statutes 1997 Supplement, section 19.23 609.113, subdivision 3, is amended to read: 19.24 Subd. 3. [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 19.25 ineligible to be sentenced to the work program if: 19.26 (1) the court determines that the person has a debilitating 19.27 chemical dependency or serious mental health problem or the 19.28 person has a serious and chronic condition requiring ongoing and 19.29 continuous medical monitoring and treatment by a medical 19.30 professional; or 19.31 (2) the person has been convicted of a nonviolent felony or 19.32 gross misdemeanor offense after having initially been charged 19.33 with committing a crime against the person. 19.34 Sec. 12. Laws 1997, chapter 239, article 1, section 12, 19.35 subdivision 2, is amended to read: 19.36 Subd. 2. Correctional 20.1 Institutions 20.2 179,965,000 189,823,000 20.3 The commissioner may expend federal 20.4 grant money in an amount up to 20.5 $1,000,000 to supplement the renovation 20.6 of the buildings at the Brainerd 20.7 regional center for use as a 20.8 correctional facility. 20.9 The commissioner may open the Brainerd 20.10 facility on or after May 1, 1999July 20.11 1, 1999, if the commissioner shows a 20.12 demonstrated need for the opening and 20.13 the legislature, by law, approves it. 20.14 If the commissioner deems it necessary 20.15 to reduce staff positions during the 20.16 biennium ending June 30, 1999, the 20.17 commissioner must reduce at least the 20.18 same percentage of management and 20.19 supervisory personnel as line and 20.20 support personnel in order to ensure 20.21 employee safety, inmate safety, and 20.22 facility security. 20.23 During the biennium ending June 30, 20.24 1999, if it is necessary to reduce 20.25 services or staffing within a 20.26 correctional facility, the commissioner 20.27 or the commissioner's designee shall 20.28 meet with affected exclusive 20.29 representatives. The commissioner 20.30 shall make every reasonable effort to 20.31 retain correctional officer and prison 20.32 industry employees should reductions be 20.33 necessary. 20.34 During the biennium ending June 30, 20.35 1999, the commissioner must consider 20.36 ways to reduce the per diem in adult 20.37 correctional facilities. As part of 20.38 this consideration, the commissioner 20.39 must consider reduction in management 20.40 and supervisory personnel levels in 20.41 addition to line staff levels within 20.42 adult correctional institutions, 20.43 provided this objective can be 20.44 accomplished without compromising 20.45 safety and security. 20.46 The commissioner shall develop criteria 20.47 to designate geriatric and disabled 20.48 inmates eligible for transfer to 20.49 nursing facilities, including 20.50 state-operated facilities. Upon 20.51 certification by the commissioner that 20.52 a nursing facility can meet necessary 20.53 security requirements, the commissioner 20.54 may contract with the facility for the 20.55 placement and housing of eligible 20.56 geriatric and disabled inmates. 20.57 Inmates placed in a nursing facility 20.58 must meet the criteria specified in 20.59 Minnesota Statutes, section 244.05, 20.60 subdivision 8, and are considered to be 20.61 on conditional medical release. 20.62 $700,000 the first year and $1,500,000 20.63 the second year are to operate a work 21.1 program at Camp Ripley under Minnesota 21.2 Statutes, section 241.277. 21.3 Sec. 13. Laws 1997, chapter 239, article 1, section 12, 21.4 subdivision 3, is amended to read: 21.5 Subd. 3. Juvenile Services 21.6 17,070,000 17,790,000 21.7 $500,000 each year is to plan for and 21.8 establish a weekend camp program at 21.9 Camp Ripley designed for first- or 21.10 second-time male juvenile offenders 21.11 ages 11 to 14. The commissioner shall 21.12 develop eligibility standards for the 21.13 program. The camp shall be a highly 21.14 structured program and teach work 21.15 skills, such as responsibility, 21.16 organization, time management, and 21.17 follow-through. The juvenile offenders 21.18 will each develop a community service 21.19 plan that will be implemented upon 21.20 return to the community. The program 21.21 shall receive referrals from youth 21.22 service agencies, police, school 21.23 officials, parents, and the courts. By 21.24 January 15, 1998, the commissioner 21.25 shall report to the chairs of the house 21.26 and senate criminal justice funding 21.27 divisions a proposed budget for this 21.28 camp program for the second year of the 21.29 fiscal biennium and shall include a 21.30 description of the proposed outcomes 21.31 for the program. 21.32 $100,000 the first year is to conduct 21.33 planning for and evaluation of 21.34 additional camp programs and aftercare 21.35 services for juvenile offenders, 21.36 including, but not limited to, the 21.37 Vision Quest program and a three-week 21.38 work camp. 21.39 $500,000 the first year is to renovate 21.40 two cottages at the Minnesota 21.41 correctional facility-Red Wing. 21.42 $1,021,000 the second year is to 21.43 transfer the sex offender program from 21.44 the Minnesota correctional 21.45 facility-Sauk Centre and operate it at 21.46 the Minnesota correctional facility-Red 21.47 Wing. 21.48 $333,000 the second year is for housing 21.49 and programming for female juvenile 21.50 offenders committed to the commissioner 21.51 of corrections. 21.52 $130,000 the first year and $130,000 21.53 the second year are to improve 21.54 aftercare services for juveniles 21.55 released from correctional facilities 21.56 by adding two professional and one21.57 clerical positions. 21.58 The commissioner shall design the 21.59 juvenile support network to provide 21.60 aftercare services for these 22.1 offenders. The network must coordinate 22.2 support services in the community for 22.3 returning juveniles. Counties, 22.4 communities, and schools must develop 22.5 and implement the network. The 22.6 commissioner shall require aftercare 22.7 programs to be incorporated into 22.8 Community Corrections Act plans. 22.9 Sec. 14. Laws 1997, chapter 239, article 1, section 12, 22.10 subdivision 4, is amended to read: 22.11 Subd. 4. Community Services 22.12 80,387,000 84,824,000 22.13 $225,000 each year is for school-based 22.14 probation pilot programs. Of this 22.15 amount, $150,000 each year is for 22.16 Dakota county and $75,000 each year is 22.17 for Anoka county. This is a one-time 22.18 appropriation. 22.19 $50,000 each year is for the Ramsey 22.20 county enhanced probation pilot 22.21 project. The appropriation may not be 22.22 used to supplant law enforcement or 22.23 county probation officer positions, or 22.24 correctional services or programs. 22.25 This is a one-time appropriation. 22.26 $200,000 the first year is for the gang 22.27 intervention pilot project. This is a 22.28 one-time appropriation. 22.29 $50,000 the first year and $50,000 the 22.30 second year are for grants to local 22.31 communities to establish and implement 22.32 pilot project restorative justice 22.33 programs. 22.34 $95,000 the first year is for the 22.35 Dakota county family group conferencing 22.36 pilot project established in Laws 1996, 22.37 chapter 408, article 2, section 9. 22.38 This is a one-time appropriation. 22.39 All money received by the commissioner 22.40 of corrections pursuant to the domestic 22.41 abuse investigation fee under Minnesota 22.42 Statutes, section 609.2244, is 22.43 available for use by the commissioner 22.44 and is appropriated annually to the 22.45 commissioner of corrections for costs 22.46 related to conducting the 22.47 investigations. 22.48 $750,000 each year is for an increase 22.49 in community corrections act subsidy 22.50 funding. The funding shall be 22.51 distributed according to the community 22.52 corrections aid formula in Minnesota 22.53 Statutes, section 401.10. 22.54 $4,000,000 the second year is for 22.55 juvenile residential treatment grants 22.56 to counties to defray the cost of 22.57 juvenile delinquent residential 22.58 treatment. Eighty percent of this 22.59 appropriation must be distributed to 23.1 noncommunity corrections act counties 23.2 and 20 percent must be distributed to 23.3 community corrections act counties. 23.4 The commissioner shall distribute the 23.5 money according to the formula 23.6 contained in Minnesota Statutes, 23.7 section 401.10. By January 15, 23.8 counties must submit a report to the 23.9 commissioner describing the purposes 23.10 for which the grants were used. 23.11 $60,000 the first year and $60,000 the 23.12 second year are for the electronic 23.13 alcohol monitoring of DWI and domestic 23.14 abuse offenders pilot program. 23.15 $123,000 each year shall be distributed 23.16 to the Dodge-Fillmore-Olmsted community 23.17 corrections agency and $124,000 each 23.18 year shall be distributed to the 23.19 Arrowhead regional corrections agency 23.20 for use in a pilot project to expand 23.21 the agencies' productive day initiative 23.22 programs, as defined in Minnesota 23.23 Statutes, section 241.275, to include 23.24 juvenile offenders who are 16 years of 23.25 age and older. This is a one-time 23.26 appropriation. 23.27 $2,000,000 the first year and 23.28 $2,000,000 the second year are for a 23.29 statewide probation and supervised 23.30 release caseload and workload reduction 23.31 grant program. Counties that deliver 23.32 correctional services through Minnesota 23.33 Statutes, chapter 260, and that qualify 23.34 for new probation officers under this 23.35 program shall receive full 23.36 reimbursement for the officers' 23.37 salaries and reimbursement for the 23.38 officers' benefits and support as set 23.39 forth in the probations standards task 23.40 force report, not to exceed $70,000 per 23.41 officer annually. Positions funded by 23.42 this appropriation may not supplant 23.43 existing services. Position control 23.44 numbers for these positions must be 23.45 annually reported to the commissioner 23.46 of corrections. 23.47 The commissioner shall distribute money 23.48 appropriated for state and county 23.49 probation officer caseload and workload 23.50 reduction, increased intensive 23.51 supervised release and probation 23.52 services, and county probation officer 23.53 reimbursement according to the formula 23.54 contained in Minnesota Statutes, 23.55 section 401.10. These appropriations 23.56 may not be used to supplant existing 23.57 state or county probation officer 23.58 positions or existing correctional 23.59 services or programs. The money 23.60 appropriated under this provision is 23.61 intended to reduce state and county 23.62 probation officer caseload and workload 23.63 overcrowding and to increase 23.64 supervision of individuals sentenced to 23.65 probation at the county level. This 23.66 increased supervision may be 23.67 accomplished through a variety of 24.1 methods, including but not limited to: 24.2 (1) innovative technology services, 24.3 such as automated probation reporting 24.4 systems and electronic monitoring; (2) 24.5 prevention and diversion programs; (3) 24.6 intergovernmental cooperation 24.7 agreements between local governments 24.8 and appropriate community resources; 24.9 and (4) traditional probation program 24.10 services. 24.11 $700,000 the first year and $700,000 24.12 the second year are for grants to 24.13 judicial districts for the 24.14 implementation of innovative projects 24.15 to improve the administration of 24.16 justice, including, but not limited to, 24.17 drug courts, night courts, community 24.18 courts, family courts, and projects 24.19 emphasizing early intervention and 24.20 coordination of justice system 24.21 resources in the resolution of cases. 24.22 Of this amount, up to $25,000 may be 24.23 used to develop a gun education 24.24 curriculum under article 2. This is a 24.25 one-time appropriation. 24.26 During fiscal year 1998, up to $500,000 24.27 of unobligated funds available under 24.28 Minnesota Statutes, section 401.10, 24.29 subdivision 2, from fiscal year 1997 24.30 may be used for a court services 24.31 tracking system for the counties. 24.32 Notwithstanding Minnesota Statutes, 24.33 section 401.10, subdivision 2, these 24.34 funds are available for use in any 24.35 county using the court services 24.36 tracking system. 24.37 Before the commissioner uses money that 24.38 would otherwise cancel to the general 24.39 fund for the court services tracking 24.40 system, the proposal for the system 24.41 must be reviewed by the criminal and 24.42 juvenile justice information policy 24.43 group. 24.44 $52,500 of the amount appropriated to 24.45 the commissioner in Laws 1995, chapter 24.46 226, article 1, section 11, subdivision 24.47 3, for the criterion-related 24.48 cross-validation study is available 24.49 until January 1, 1998. The study must 24.50 be completed by January 1, 1998. 24.51 Sec. 15. [HEALTH CARE COST REDUCTIONS.] 24.52 Subdivision 1. [IMPLEMENTATION REPORT.] The commissioner 24.53 of corrections shall report to the chairs and ranking minority 24.54 members of the senate and house committees and divisions having 24.55 jurisdiction over criminal justice policy and funding by 24.56 December 15, 1998, on progress in implementing initiatives 24.57 related to: 24.58 (1) a review of the current health care delivery system 25.1 within the department; 25.2 (2) development of requests for proposals to consolidate 25.3 contracts, negotiate discounts, regionalize health care 25.4 delivery; reduce transportation costs; and implement other 25.5 health care cost containment initiatives; 25.6 (3) formalization of utilization review requirements; 25.7 (4) expansion of telemedicine; and 25.8 (5) increasing the cost-effective use of infirmary services. 25.9 The report must also include the results of strategic planning 25.10 efforts, including but not limited to planning efforts to 25.11 improve fiscal management, improve record keeping and data 25.12 collection, expand infirmary services, and expand mental health 25.13 services. 25.14 Subd. 2. [COST CONTAINMENT PLAN.] The commissioner shall 25.15 present to the chairs and ranking minority members of the senate 25.16 and house committees and divisions having jurisdiction over 25.17 criminal justice policy and funding, by January 1, 1999, a plan 25.18 to reduce inmate per diem health care costs, controlling for 25.19 inflation, by at least 40 percent over a four-year period. In 25.20 developing the plan, the commissioner shall consider the use of 25.21 prepaid, capitated payments and other managed care techniques. 25.22 The plan may also include health care initiatives currently 25.23 being implemented by the commissioner, or being evaluated by the 25.24 commissioner as part of the development of a strategic plan. 25.25 The cost containment plan must include methods to improve data 25.26 collection and analysis, so as to allow regular reporting of 25.27 health care expenditures for specific services and procedures at 25.28 both the aggregate and patient-specific levels, and effective 25.29 monitoring of health care quality. 25.30 Sec. 16. [EFFECTIVE DATE.] 25.31 Sections 1 to 8 and 11 to 13 are effective the day 25.32 following final enactment. 25.33 ARTICLE 5 25.34 LAW ENFORCEMENT, PUBLIC SAFETY, AND DATA COLLECTION 25.35 Section 1. Minnesota Statutes 1996, section 12.09, is 25.36 amended by adding a subdivision to read: 26.1 Subd. 9. [VOLUNTEER RESOURCES COORDINATION.] The division 26.2 shall provide ongoing coordination of a network of state, local, 26.3 26.4 and federal government agencies and private organizations to 26.5 ensure the smooth coordination of donations and volunteerism 26.6 during major disasters. Duties include: 26.7 (1) hotline management, including training, staffing, 26.8 information distribution, and coordination with emergency 26.9 operations management; 26.10 (2) coordination between government and private relief 26.11 agencies; 26.12 (3) networking with volunteer organizations; 26.13 (4) locating resources for anticipated disaster needs and 26.14 making these resources available to local governments in a 26.15 database; 26.16 (5) training in disaster preparation; 26.17 (6) revising existing plans based on experience with 26.18 disasters and testing the plans with simulated disasters; and 26.19 (7) maintaining public information about disaster donations 26.20 and volunteerism. 26.21 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended 26.22 by adding a subdivision to read: 26.23 Subd. 90c. [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 26.24 arson investigative data system are classified in section 26.25 299F.04, subdivision 3a. 26.26 Sec. 3. Minnesota Statutes 1996, section 299C.06, is 26.27 amended to read: 26.28 299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 26.29 COOPERATE.] 26.30 It shall be the duty of all sheriffs, chiefs of police, 26.31 city marshals, constables, prison wardens, superintendents of 26.32 insane hospitals, reformatories and correctional schools, 26.33 probation and parole officers, school attendance officers, 26.34 coroners, county attorneys, court clerks, the commissioner of 26.35 public safety, the commissioner of transportation, and the state 26.36 fire marshal to furnish to the division statistics and 26.37 information regarding the number of crimes reported and 27.1 discovered, arrests made, complaints, informations, and 27.2 indictments, filed and the disposition made of same, pleas, 27.3 convictions, acquittals, probations granted or 27.4 denied, conditional release information, receipts, transfers, 27.5 and discharges to and from prisons, reformatories, correctional 27.6 schools, and other institutions, paroles granted and revoked, 27.7 commutation of sentences and pardons granted and rescinded, and 27.8 all other data useful in determining the cause and amount of 27.9 crime in this state and to form a basis for the study of crime, 27.10 police methods, court procedure, and penal problems. Such 27.11 statistics and information shall be furnished upon the request 27.12 of the division and upon such forms as may be prescribed and 27.13 furnished by it. The division shall have the power to inspect 27.14 and prescribe the form and substance of the records kept by 27.15 those officials from which the information is so furnished. 27.16 Sec. 4. Minnesota Statutes 1996, section 299C.09, is 27.17 amended to read: 27.18 299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 27.19 AND INDEXES.] 27.20 The bureau shall install systems for identification of 27.21 criminals, including the fingerprint system, the modus operandi 27.22 system, the conditional release data system, and such others as 27.23 the superintendent deems proper. The bureau shall keep a 27.24 complete record and index of all information received in 27.25 convenient form for consultation and comparison. The bureau 27.26 shall obtain from wherever procurable and file for record finger 27.27 and thumb prints, measurements, photographs, plates, outline 27.28 pictures, descriptions, modus operandi statements, conditional 27.29 release information, or such other information as the 27.30 superintendent considers necessary, of persons who have been or 27.31 shall hereafter be convicted of a felony, gross misdemeanor, or 27.32 an attempt to commit a felony or gross misdemeanor, within the 27.33 state, or who are known to be habitual criminals. To the extent 27.34 that the superintendent may determine it to be necessary, the 27.35 bureau shall obtain like information concerning persons 27.36 convicted of a crime under the laws of another state or 28.1 government, the central repository of this records system is the 28.2 bureau of criminal apprehension in St. Paul. 28.3 Sec. 5. [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 28.4 Subdivision 1. [DEFINITION.] As used in this section, 28.5 "conditional release" means probation, conditional release, and 28.6 supervised release. 28.7 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 28.8 maintain a computerized data system for the purpose of assisting 28.9 criminal justice agencies in monitoring and enforcing the 28.10 conditions of conditional release imposed on criminal offenders 28.11 by a sentencing court or the commissioner of corrections. The 28.12 data in the system are private data as defined in section 13.02, 28.13 subdivision 12, but are accessible to criminal justice agencies 28.14 as defined in section 13.02, subdivision 3a, and to criminal 28.15 justice agencies in other states in the conduct of their 28.16 official duties. 28.17 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 28.18 criminal justice agencies may submit data to and obtain data 28.19 from the conditional release data system. The commissioner of 28.20 corrections may require that any or all information be submitted 28.21 to the conditional release data system. A consent to the 28.22 release of data in the conditional release data system from the 28.23 individual who is the subject of the data is not effective. 28.24 Subd. 4. [RULES.] The bureau shall adopt rules to provide 28.25 for the orderly collection, entry, retrieval, and deletion of 28.26 data contained in the conditional release data system. 28.27 Sec. 6. Minnesota Statutes 1996, section 299F.04, is 28.28 amended by adding a subdivision to read: 28.29 Subd. 3a. [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 28.30 in this section, "criminal justice agency" means state and local 28.31 prosecution authorities, state and local law enforcement 28.32 agencies, local fire departments, and the office of state fire 28.33 marshal. 28.34 (b) The state fire marshal shall administer and maintain a 28.35 computerized arson investigative data system for the purpose of 28.36 assisting criminal justice agencies in the investigation and 29.1 prosecution of suspected arson violations. This data system is 29.2 separate from the reporting system maintained by the department 29.3 of public safety under section 299F.05, subdivision 2. The 29.4 system consists of data on individuals who are 14 years old or 29.5 older who law enforcement agencies determine are or may be 29.6 engaged in arson activity. Notwithstanding section 260.161, 29.7 subdivision 3, data in the system on adults and juveniles may be 29.8 maintained together. Data in the system must be submitted and 29.9 maintained as provided in this subdivision. 29.10 (c) Subject to the provisions of paragraph (d), a criminal 29.11 justice agency may submit the following data on suspected arson 29.12 violations to the arson investigative data system: 29.13 (1) the suspect's name, known aliases, if any, and other 29.14 identifying characteristics; 29.15 (2) the modus operandi used to commit the violation, 29.16 including means of ignition; 29.17 (3) any known motive for the violation; 29.18 (4) any other crimes committed as part of the same 29.19 behavioral incident; 29.20 (5) the address of the building, the building owner's 29.21 identity, and the building occupant's identity; and 29.22 (6) the name of the reporting agency and a contact person. 29.23 A criminal justice agency that reports data to the arson 29.24 investigative data system shall maintain records documenting the 29.25 data in its own records system for at least the time period 29.26 specified in paragraph (e). 29.27 (d) The state fire marshal shall maintain in the arson 29.28 investigative data system any of the data reported under 29.29 paragraph (c) that the fire marshal believes will assist in the 29.30 investigation and prosecution of arson cases. In lieu of or in 29.31 connection with any of these data, the state fire marshal may 29.32 include in the data system a reference to the criminal justice 29.33 agency that originally reported the data, with a notation to 29.34 system users that the agency is the repository of more detailed 29.35 information on the particular suspected arson violation. 29.36 (e) Notwithstanding section 138.17, the state fire marshal 30.1 shall destroy data on juveniles entered into the system when 30.2 three years have elapsed since the data were entered into the 30.3 system, except as otherwise provided in this paragraph. If the 30.4 fire marshal has information that, since entry of data into the 30.5 system, the juvenile has been convicted as an adult or has been 30.6 adjudicated or has a stayed adjudication as a juvenile for an 30.7 offense that would be a crime if committed by an adult, the data 30.8 must be maintained until three years have elapsed since the last 30.9 record of a conviction, adjudication, or stayed adjudication of 30.10 the individual. Upon request of the criminal justice agency 30.11 that submitted data to the system, the state fire marshal shall 30.12 destroy the data regardless of whether three years have elapsed 30.13 since the data were entered into the system. 30.14 (f) Data in the arson investigative data system are 30.15 confidential data on individuals as defined in section 13.02, 30.16 subdivision 3, but are accessible to criminal justice agencies. 30.17 Sec. 7. Minnesota Statutes 1997 Supplement, section 30.18 363.073, subdivision 1, is amended to read: 30.19 Subdivision 1. [SCOPE OF APPLICATION.] No department or 30.20 agency of the state shall accept any bid or proposal for a 30.21 contract or agreement unless the firm or business has an 30.22 affirmative action plan submitted to the commissioner of human 30.23 rights for approval. No department or agency of the state shall 30.24 execute any contract or agreement for goods or services in 30.25 excess of $100,000 with any business having more than 40 30.26 full-time employees, either within or outside this state30.27 Minnesota or any other state, on a single working day during the 30.28 previous 12 months, unless the firm or business has an 30.29 affirmative action plan for the employment of minority persons, 30.30 women, and the disabled that has been approved by the 30.31 commissioner of human rights. Receipt of a certificate of 30.32 compliance issued by the commissioner shall signify that a firm 30.33 or business has an affirmative action plan that has been 30.34 approved by the commissioner. A certificate shall be valid for 30.35 a period of two years. A municipality as defined in section 30.36 466.01, subdivision 1, that receives state money for any reason 31.1 is encouraged to prepare and implement an affirmative action 31.2 plan for the employment of minority persons, women, and the 31.3 disabled and submit the plan to the commissioner of human rights. 31.4 Sec. 8. Laws 1997, chapter 239, article 1, section 7, 31.5 subdivision 8, is amended to read: 31.6 Subd. 8. Law Enforcement and Community Grants 31.7 3,260,000 2,745,000 31.8 The appropriations in this subdivision 31.9 are one-time appropriations. 31.10 $2,250,000 each year is to provide 31.11 funding for: 31.12 (1) grants under Minnesota Statutes, 31.13 section 299A.62, subdivision 1, clause 31.14 (2), to enable local law enforcement 31.15 agencies to assign overtime officers to 31.16 high crime areas within their 31.17 jurisdictions. These grants shall be 31.18 distributed as provided in subdivision 31.19 2 of that section. Up to $23,000 may 31.20 be used to administer grants awarded 31.21 under this clause; and 31.22 (2) weed and seed grants under 31.23 Minnesota Statutes, section 299A.63. 31.24 This appropriation shall be divided in 31.25 equal parts between the two programs. 31.26 Money not expended in the first year is 31.27 available for grants during the second 31.28 year. 31.29 By February 1, 1998, the commissioner 31.30 shall report to the chairs of the 31.31 senate and house divisions having 31.32 jurisdiction over criminal justice 31.33 funding, on grants made under clauses 31.34 (1) and (2). 31.35 $50,000 the first year is for Ramsey 31.36 county to continue the special unit 31.37 enforcing the state nuisance laws. 31.38 $50,000 the first year is for one or 31.39 more grants to community-based programs 31.40 to conduct research on street gang 31.41 culture and, based on this research, 31.42 develop effective prevention and 31.43 intervention techniques to help youth 31.44 avoid or end their street gang 31.45 involvement. Each program receiving a 31.46 grant shall provide a report to the 31.47 criminal gang oversight council that 31.48 contains the following information: 31.49 (1) the results of the program's 31.50 research on street gang culture; 31.51 (2) the program's plans for additional 31.52 research on street gang culture, if 31.53 any; and 32.1 (3) the prevention and intervention 32.2 techniques developed by the program. 32.3 An interim report must be provided to 32.4 the council six months after a program 32.5 is awarded a grant. A final report 32.6 must be provided to the council by 32.7 February 1, 1999. A copy of each 32.8 report also must be provided to the 32.9 commissioner of public safety. 32.10 Each program receiving a grant also 32.11 must provide information and 32.12 recommendations on gang culture to the 32.13 criminal gang oversight council and 32.14 criminal gang strike force, as 32.15 requested by the council or strike 32.16 force. 32.17 $40,000 the first yearshall be 32.18 transferred as a grant to a nonprofit 32.19 organization to be used to meet 32.20 one-half of the state match requirement 32.21 if the organization receives federal32.22 matching funding to: (1) acquire 32.23 interactive multimedia equipment for 32.24 courtroom presentations to aid in the 32.25 prosecution of complex homicide and 32.26 child fatality cases; and (2) retain a 32.27 forensic pathologist skilled in making 32.28 such presentations to serve as a 32.29 consultant to prosecutors statewide for 32.30 one year. This grant is available only 32.31 if the organization obtains funds for 32.32 the remainder of the state match from 32.33 other sources. 32.34 $175,000 the first year is for grants 32.35 to the Council on Black Minnesotans to 32.36 continue the program established in 32.37 Laws 1996, chapter 408, article 2, 32.38 section 13. 32.39 $250,000 each year is for grants to 32.40 local governmental units that have 32.41 incurred costs implementing Minnesota 32.42 Statutes, section 244.052 or 244.10, 32.43 subdivision 2a. Local governmental 32.44 units shall detail the costs they have 32.45 incurred along with any other 32.46 information required by the 32.47 commissioner. The commissioner shall 32.48 award grants in a manner that 32.49 reimburses local governmental units 32.50 demonstrating the greatest need. Of 32.51 this appropriation, up to $40,000 may 32.52 be used for educational equipment and 32.53 training to be used for sex offender 32.54 notification meetings by law 32.55 enforcement agencies around the state. 32.56 $120,000 each year is for a grant to 32.57 the northwest Hennepin human services 32.58 council to administer the northwest 32.59 community law enforcement project, to 32.60 be available until June 30, 1999. 32.61 $75,000 each year is for grants to 32.62 Hennepin and Ramsey counties to 32.63 administer the community service grant 32.64 pilot project program. 33.1 $100,000 the first year is for grants 33.2 to the city of St. Paul to be used by 33.3 the city to acquire and renovate a 33.4 building for a joint use police 33.5 storefront and youth activity center in 33.6 the north end area of St. Paul. 33.7 $25,000 the first year is for the 33.8 criminal alert network to disseminate 33.9 data regarding the use of fraudulent 33.10 checks and the coordination of security 33.11 and antiterrorism efforts with the 33.12 Federal Bureau of Investigation. This 33.13 money is available only if the 33.14 commissioner determines the expansion 33.15 is feasible. If the commissioner 33.16 determines that one or both of the uses 33.17 are not feasible, the commissioner 33.18 shall reduce the amount spent 33.19 accordingly. 33.20 $75,000 the first year is for a grant 33.21 to the Fourth Judicial District to plan 33.22 for a family violence coordinating 33.23 council. 33.24 Sec. 9. [CRIME REPORTS BY MINNEAPOLIS, HENNEPIN COUNTY, 33.25 AND THE HENNEPIN COUNTY DISTRICT COURT REQUIRED.] 33.26 Subdivision 1. [DEFINITIONS.] As used in this section, the 33.27 following terms have the meanings given: 33.28 (1) "crime" refers to any misdemeanor, gross misdemeanor, 33.29 enhanced gross misdemeanor, or felony offense; 33.30 (2) "neighborhood" means: 33.31 (i) a neighborhood as defined for the purposes of the 33.32 neighborhood revitalization program under section 469.1831, if 33.33 applicable; or 33.34 (ii) a planning district as identified and mapped for city 33.35 district planning purposes; 33.36 (3) "reporting period" means the period from July 1, 1998, 33.37 to December 31, 1998; 33.38 (4) "types of cases" refers to a categorization of persons 33.39 arrested or cited for, charged with, or prosecuted for any crime 33.40 including, but not limited to, the following: murder, criminal 33.41 sexual conduct, robbery, aggravated assault, burglary, 33.42 larceny-theft, motor vehicle theft, arson, domestic assault, 33.43 other assaults, prostitution, narcotic controlled substance law 33.44 violations, vandalism, other property violations, weapons 33.45 offenses, disorderly conduct, and DWI, provided that a person 33.46 being arrested for multiple offenses must be categorized by the 34.1 most serious offense; and 34.2 (5) "types of crime" refers to a categorization of crimes 34.3 into the eight part I offense categories and twenty part II 34.4 offense categories listed in the uniform crime report published 34.5 annually by the federal bureau of investigation. 34.6 Subd. 2. [INFORMATION REQUIRED.] (a) Minneapolis shall 34.7 collect and maintain the following information on crimes and 34.8 criminal cases occurring within the city: 34.9 (1) the number and types of crimes reported to local law 34.10 enforcement agencies; 34.11 (2) the number of individuals arrested for crimes by local 34.12 law enforcement agencies; 34.13 (3) the number of tab charges and citations issued for 34.14 crimes by local law enforcement agencies; 34.15 (4) the number and types of crimes cleared by arrest, 34.16 citation or tab charge; 34.17 (5) the number and types of cases that are referred to the 34.18 city attorney for review or prosecution; 34.19 (6) the number and types of cases that result in the 34.20 issuance of a criminal complaint by the city attorney; and 34.21 (7) the number and types of cases that the city attorney: 34.22 (i) dropped, declined, or denied; or (ii) diverted pretrial. 34.23 The city attorney shall also note the full-time equivalent 34.24 number of attorneys, and the number of cases, by assignment area 34.25 for the reporting period. 34.26 (b) Hennepin county shall collect and maintain the 34.27 following information for criminal cases relating to crimes 34.28 occurring within Minneapolis: 34.29 (1) the number and types of cases that are referred to the 34.30 county attorney for review or prosecution; 34.31 (2) the number and types of cases that result in the 34.32 issuance of a complaint or indictment; and 34.33 (3) the number and types of cases that the county attorney: 34.34 (i) dropped, declined, or denied; or (ii) diverted pretrial in 34.35 accordance with Minnesota Statutes, section 401.065 or 388.24; 34.36 The county also shall determine the date by which it came, 35.1 or expects to come, into compliance with Minnesota Statutes, 35.2 section 299C.115, regarding warrant information to be provided 35.3 electronically statewide. 35.4 (c) The Hennepin county district court shall collect and 35.5 maintain for cases occurring within Minneapolis: 35.6 (1) the disposition of cases filed with the court, 35.7 including the number and types of cases resulting in dismissal, 35.8 continuance for dismissal, pretrial diversion, guilty plea, 35.9 finding of guilt following trial, stay of adjudication or 35.10 imposition, or verdict of acquittal; and 35.11 (2) the number and types of cases that are referred to the 35.12 violations bureau. 35.13 (d) Minneapolis, Hennepin county, and the Hennepin county 35.14 district court shall jointly determine: 35.15 (i) the date by which they had, or plan to have, an 35.16 integrated criminal justice information system capable of 35.17 regular and full public reporting on the occurrence and handling 35.18 of crime and criminal cases; and 35.19 (ii) the actual or projected cost of such a system. 35.20 Subd. 3. [REPORTS.] Minneapolis, Hennepin county, and the 35.21 Hennepin county district court shall publish by February 1, 1999 35.22 a report describing the information required to be collected 35.23 under subdivision 2 for the reporting period. If practicable, 35.24 the information reported must be stratified by neighborhood 35.25 within Minneapolis. The report must be submitted to the chairs 35.26 of the house and senate committees and divisions having 35.27 jurisdiction over criminal justice policy and funding. 35.28 Sec. 10. [LICENSING STUDY.] 35.29 The commissioner of public safety shall study the issue of 35.30 licensing private fire investigators and report findings to the 35.31 chairs of the senate crime prevention and house judiciary 35.32 committees by January 15, 1999. 35.33 Sec. 11. [TASK FORCE ON SEXUALLY DANGEROUS PERSONS/PERSONS 35.34 WITH PSYCHOPATHIC PERSONALITIES.] 35.35 Subdivision 1. [DUTIES.] The task force on sexually 35.36 dangerous persons and persons with psychopathic personalities 36.1 shall study issues involving these individuals. At a minimum, 36.2 the task force shall examine the current system of treatment, 36.3 commitment, and confinement; the financial costs associated with 36.4 it; and alternatives to it, including indeterminate criminal 36.5 sentencing. The task force shall study how other states have 36.6 addressed this issue. The task force shall develop plans 36.7 addressing alternative methods to deal with these individuals 36.8 within constitutional limits and while balancing the need for 36.9 public safety, ensuring that these individuals are treated 36.10 humanely and fairly, and financial prudence. 36.11 Subd. 2. [MEMBERSHIP.] The task force consists of the 36.12 following individuals: 36.13 (1) the commissioner of human services, or a designee; 36.14 (2) the commissioner of corrections, or a designee; 36.15 (3) a defense attorney experienced in representing 36.16 individuals petitioned as being sexually dangerous or as having 36.17 sexual psychopathic personalities, appointed by the state public 36.18 defender; 36.19 (4) a county attorney, appointed by the Minnesota county 36.20 attorneys association; 36.21 (5) the attorney general or designee; 36.22 (6) a district court judge, appointed by the conference of 36.23 chief judges; 36.24 (7) a county commissioner from a county outside the 36.25 seven-county metropolitan area that has incurred costs related 36.26 to the civil commitment of a person who is sexually dangerous or 36.27 has a sexual psychopathic personality, appointed by the 36.28 association of Minnesota counties; 36.29 (8) a medical specialist experienced in the field of sex 36.30 offenders, appointed by the Minnesota psychiatric association; 36.31 (9) two majority and two minority members of the senate, 36.32 appointed by the senate subcommittee on committees of the rules 36.33 committee; 36.34 (10) two majority and two minority members of the house of 36.35 representatives, appointed by the speaker; and 36.36 (11) a public member, appointed by the governor. 37.1 The task force may elect a chair from among its members. The 37.2 task force may use legislative staff to provide legal counsel, 37.3 research, and secretarial and clerical assistance. 37.4 Subd. 3. [EXPENSES.] Members of the task force may receive 37.5 compensation and expenses as provided in Minnesota Statutes, 37.6 section 15.059, subdivision 3. 37.7 Subd. 4. [REPORT REQUIRED.] The task force shall report 37.8 its findings and recommendations to the chairs of the senate and 37.9 house committees and divisions having jurisdiction over criminal 37.10 justice policy and funding by January 15, 1999. 37.11 Sec. 12. [EFFECTIVE DATE.] 37.12 Section 11 is effective the day following final enactment. 37.13 ARTICLE 6 37.14 COURTS AND PUBLIC DEFENDERS 37.15 Section 1. Minnesota Statutes 1997 Supplement, section 37.16 97A.065, subdivision 2, is amended to read: 37.17 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 37.18 forfeited bail collected from prosecutions of violations of: 37.19 the game and fish laws; sections 84.091 to 84.15; sections 84.81 37.20 to 84.8884.91; section 169.121, when the violation involved an 37.21 off-road recreational vehicle as defined in section 169.01, 37.22 subdivision 86; chapter 348; and any other law relating to wild 37.23 animals or aquatic vegetation, must be paid to the treasurer of 37.24 the county where the violation is prosecuted. The county 37.25 treasurer shall submit one-half of the receipts to the 37.26 commissioner and credit the balance to the county general 37.27 revenue fund except as provided in paragraphs (b), (c), and (d). 37.28 (b) The commissioner must reimburse a county, from the game 37.29 and fish fund, for the cost of keeping prisoners prosecuted for 37.30 violations under this section if the county board, by 37.31 resolution, directs: (1) the county treasurer to submit all 37.32 fines and forfeited bail to the commissioner; and (2) the county 37.33 auditor to certify and submit monthly itemized statements to the 37.34 commissioner. 37.35 (c) The county treasurer shall indicate the amount of the37.36 receipts that are assessments or surcharges imposed under38.1 section 609.101 and shall submit all of those receipts to the38.2 commissioner. The receipts must be credited to the game and38.3 fish fund to provide peace officer training for persons employed38.4 by the commissioner who are licensed under section 626.84,38.5 subdivision 1, clause (c), and who possess peace officer38.6 authority for the purpose of enforcing game and fish laws.38.7 (d)The county treasurer shall submit one-half of the 38.8 receipts collected under paragraph (a) from prosecutions of 38.9 violations of sections 84.81 to 84.91, and 169.121, including38.10 except receipts that are assessments orsurcharges imposed under 38.11 section 609.101357.021, subdivision 6, to the commissioner38.12 state treasurer and credit the balance to the county general 38.13 fund. The commissionerstate treasurer shall credit these 38.14 receipts to the snowmobile trails and enforcement account in the 38.15 natural resources fund. 38.16 (d) The county treasurer shall indicate the amount of the 38.17 receipts that are surcharges imposed under section 357.021, 38.18 subdivision 6, and shall submit all of those receipts to the 38.19 state treasurer. 38.20 Sec. 2. Minnesota Statutes 1996, section 169.121, 38.21 subdivision 5a, is amended to read: 38.22 Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 38.23 SURCHARGE.] When a court sentences a person convicted of an 38.24 offense enumerated in section 169.126, subdivision 1, it shall 38.25 impose a chemical dependency assessment charge of $125. A 38.26 person shall pay an additional surcharge of $5 if the person is 38.27 convicted of (i) a violation of section 169.129, or (ii) a 38.28 violation of this section within five years of a prior impaired 38.29 driving conviction, as defined in subdivision 3, or a prior 38.30 conviction for an offense arising out of an arrest for a 38.31 violation of section 169.121 or 169.129. This section applies 38.32 when the sentence is executed, stayed, or suspended. The court 38.33 may not waive payment or authorize payment of the assessment 38.34 charge and surcharge in installments unless it makes written 38.35 findings on the record that the convicted person is indigent or 38.36 that the assessment charge and surcharge would create undue 39.1 hardship for the convicted person or that person's immediate 39.2 family. 39.3 The county shall collect and forward to the commissioner of 39.4 finance $25 of the chemical dependency assessment charge and the 39.5 $5 surcharge, if any, within 60 days after sentencing or explain 39.6 to the commissioner in writing why the money was not forwarded 39.7 within this time period. The commissioner shall credit the 39.8 money to the general fund. The county shall collect and keep 39.9 $100 of the chemical dependency assessment charge. 39.10 The chemical dependency assessment charge and surcharge 39.11 required under this section are in addition to the surcharge 39.12 required by section 609.101357.021, subdivision 6. 39.13 Sec. 3. Minnesota Statutes 1997 Supplement, section 39.14 169.14, subdivision 5d, is amended to read: 39.15 Subd. 5d. [SPEED ZONING IN WORK ZONES ; SURCHARGE.] (a) The 39.16 commissioner, on trunk highways and temporary trunk highways, 39.17 and local authorities, on streets and highways under their 39.18 jurisdiction, may authorize the use of reduced maximum speed 39.19 limits in highway work zones. The commissioner or local 39.20 authority is not required to conduct an engineering and traffic 39.21 investigation before authorizing a reduced speed limit in a 39.22 highway work zone. 39.23 (b) The minimum highway work zone speed limit is 20 miles 39.24 per hour. The work zone speed limit must not reduce the 39.25 established speed limit on the affected street or highway by 39.26 more than 15 miles per hour, except that the highway work zone 39.27 speed limit shall not exceed 40 miles per hour. Highway work 39.28 zone speed limits are effective on erection of appropriate 39.29 regulatory speed limit signs. The signs must be removed or 39.30 covered when they are not required. A speed greater than the 39.31 posted highway work zone speed limit is unlawful. 39.32 (c) For purposes of this subdivision, "highway work zone" 39.33 means a segment of highway or street where a road authority or 39.34 its agent is constructing, reconstructing, or maintaining the 39.35 physical structure of the roadway, its shoulders, or features 39.36 adjacent to the roadway, including underground and overhead 40.1 utilities and highway appurtenances. 40.2 (d) Notwithstanding section 609.0331 or 609.101 or other40.3 law to the contrary, a person who violates a speed limit40.4 established under paragraph (b), or who violates any other40.5 provision of this section while in a highway work zone, is40.6 assessed an additional surcharge equal to the amount of the fine40.7 imposed for the speed violation, but not less than $25.40.8 Sec. 4. Minnesota Statutes 1996, section 171.16, 40.9 subdivision 3, is amended to read: 40.10 Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] When any 40.11 court reports to the commissioner that a person: (1) has been 40.12 convicted of violating a law of this state or an ordinance of a 40.13 political subdivision which regulates the operation or parking 40.14 of motor vehicles, (2) has been sentenced to the payment of a 40.15 fine or had a penalty assessmentsurcharge levied against that 40.16 person, or sentenced to a fine upon which a penalty assessment40.17 surcharge was levied, and (3) has refused or failed to comply 40.18 with that sentence or to pay the penalty assessmentsurcharge, 40.19 notwithstanding the fact that the court has determined that the 40.20 person has the ability to pay the fine or penalty assessment40.21 surcharge, the commissioner shall suspend the driver's license 40.22 of such person for 30 days for a refusal or failure to pay or 40.23 until notified by the court that the fine or penalty assessment40.24 surcharge, or both if a fine and penalty assessmentsurcharge 40.25 were not paid, has been paid. 40.26 Sec. 5. Minnesota Statutes 1997 Supplement, section 40.27 357.021, subdivision 2, is amended to read: 40.28 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 40.29 collected by the court administrator shall be as follows: 40.30 (1) In every civil action or proceeding in said court, 40.31 including any case arising under the tax laws of the state that 40.32 could be transferred or appealed to the tax court, the 40.33 plaintiff, petitioner, or other moving party shall pay, when the 40.34 first paper is filed for that party in said action, a fee of 40.35 $122. 40.36 The defendant or other adverse or intervening party, or any 41.1 one or more of several defendants or other adverse or 41.2 intervening parties appearing separately from the others, shall 41.3 pay, when the first paper is filed for that party in said 41.4 action, a fee of $122. 41.5 The party requesting a trial by jury shall pay $75. 41.6 The fees above stated shall be the full trial fee 41.7 chargeable to said parties irrespective of whether trial be to 41.8 the court alone, to the court and jury, or disposed of without 41.9 trial, and shall include the entry of judgment in the action, 41.10 but does not include copies or certified copies of any papers so 41.11 filed or proceedings under chapter 103E, except the provisions 41.12 therein as to appeals. 41.13 (2) Certified copy of any instrument from a civil or 41.14 criminal proceeding, $10, and $5 for an uncertified copy. 41.15 (3) Issuing a subpoena, $3 for each name. 41.16 (4) Issuing an execution and filing the return thereof; 41.17 issuing a writ of attachment, injunction, habeas corpus, 41.18 mandamus, quo warranto, certiorari, or other writs not 41.19 specifically mentioned, $10. 41.20 (5) Issuing a transcript of judgment, or for filing and 41.21 docketing a transcript of judgment from another court, $7.50. 41.22 (6) Filing and entering a satisfaction of judgment, partial 41.23 satisfaction, or assignment of judgment, $5. 41.24 (7) Certificate as to existence or nonexistence of 41.25 judgments docketed, $5 for each name certified to. 41.26 (8) Filing and indexing trade name; or recording basic 41.27 science certificate; or recording certificate of physicians, 41.28 osteopaths, chiropractors, veterinarians, or optometrists, $5. 41.29 (9) For the filing of each partial, final, or annual 41.30 account in all trusteeships, $10. 41.31 (10) For the deposit of a will, $5. 41.32 (11) For recording notary commission, $25, of which, 41.33 notwithstanding subdivision 1a, paragraph (b), $20 must be 41.34 forwarded to the state treasurer to be deposited in the state 41.35 treasury and credited to the general fund. 41.36 (12) When a defendant pleads guilty to or is sentenced for42.1 a petty misdemeanor other than a parking violation, the42.2 defendant shall pay a fee of $11.42.3 (13)Filing a motion or response to a motion for 42.4 modification of child support, a fee fixed by rule or order of 42.5 the supreme court. 42.6 (14)(13) All other services required by law for which no 42.7 fee is provided, such fee as compares favorably with those 42.8 herein provided, or such as may be fixed by rule or order of the 42.9 court. 42.10 (15)(14) In addition to any other filing fees under this 42.11 chapter, a surcharge in the amount of $75 must be assessed in 42.12 accordance with section 259.52, subdivision 14, for each 42.13 adoption petition filed in district court to fund the putative 42.14 fathers' adoption registry under section 259.52. 42.15 The fees in clauses (3) and (4) need not be paid by a 42.16 public authority or the party the public authority represents. 42.17 Sec. 6. Minnesota Statutes 1996, section 357.021, is 42.18 amended by adding a subdivision to read: 42.19 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC 42.20 OFFENDERS.] (a) The court shall impose and the court 42.21 administrator shall collect a $25 surcharge on every person 42.22 convicted of any felony, gross misdemeanor, misdemeanor, or 42.23 petty misdemeanor offense, other than a violation of a law or 42.24 ordinance relating to vehicle parking. The surcharge shall be 42.25 imposed whether or not the person is sentenced to imprisonment 42.26 or the sentence is stayed. 42.27 (b) If the court fails to impose a surcharge as required by 42.28 this subdivision, the court administrator shall correct the 42.29 record to show imposition of a $25 surcharge. 42.30 (c) The court may not waive payment of the surcharge 42.31 required under this subdivision. Upon a showing of indigency or 42.32 undue hardship upon the convicted person or the convicted 42.33 person's immediate family, the sentencing court may authorize 42.34 payment of the surcharge in installments. 42.35 (d) The court administrator or other entity collecting a 42.36 surcharge shall forward it to the state treasurer. 43.1 (e) If the convicted person is sentenced to imprisonment, 43.2 the chief executive officer of the correctional facility in 43.3 which the convicted person is incarcerated may collect the 43.4 surcharge from any earnings the inmate accrues from work 43.5 performed in the facility or while on conditional release. The 43.6 chief executive officer shall forward the amount collected to 43.7 the state treasurer. 43.8 Sec. 7. Minnesota Statutes 1996, section 357.021, is 43.9 amended by adding a subdivision to read: 43.10 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE 43.11 TREASURER.] The state treasurer shall disburse surcharges 43.12 received under subdivision 6 and section 97A.065, subdivision 2, 43.13 as follows: 43.14 (1) one percent of the surcharge shall be credited to the 43.15 game and fish fund to provide peace officer training for 43.16 employees of the department of natural resources who are 43.17 licensed under sections 626.84 to 626.863, and who possess peace 43.18 officer authority for the purpose of enforcing game and fish 43.19 laws; 43.20 (2) 45 percent of the surcharge shall be credited to the 43.21 peace officers training account in the special revenue fund; and 43.22 (3) 54 percent of the surcharge shall be credited to the 43.23 general fund. 43.24 Sec. 8. Minnesota Statutes 1996, section 488A.03, 43.25 subdivision 11, is amended to read: 43.26 Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 43.27 fees payable to the administrator for services are the same in 43.28 amount as the fees then payable to the district court of 43.29 Hennepin county for like services. Library and filing fees are 43.30 not required of the defendant in an unlawful detainer action. 43.31 The fees payable to the administrator for all other services of 43.32 the administrator or the court shall be fixed by rules 43.33 promulgated by a majority of the judges. 43.34 (b) Fees are payable to the administrator in advance. 43.35 (c) Judgments will be entered only upon written application. 43.36 (d) The following fees shall be taxed in all casesfor all 44.1 charges where applicable: (a) The state of Minnesota and any 44.2 governmental subdivision within the jurisdictional area of 44.3 any municipaldistrict court herein established may present 44.4 cases for hearing before said municipaldistrict court; (b) In 44.5 the event the court takes jurisdiction of a prosecution for the 44.6 violation of a statute or ordinance by the state or a 44.7 governmental subdivision other than a city or town in Hennepin 44.8 county, all fines, penalties, and forfeitures collected shall be 44.9 paid over to the treasurer of the governmental subdivision which 44.10 submitted a casecharges for prosecution under ordinance 44.11 violation and to the county treasurer in all other casescharges 44.12 except where a different disposition is provided by law, in 44.13 which case, payment shall be made to the public official 44.14 entitled thereto. The following fees shall be taxed to the 44.15 county or to the state or governmental subdivision which would 44.16 be entitled to payment of the fines, forfeiture or penalties in 44.17 any case, and shall be paid to the court administrator for 44.18 disposing of the matter: 44.19 (1) In all casesFor each charge where the defendant is 44.20 brought into court and pleads guilty and is sentenced, or the 44.21 matter is otherwise disposed of without trial .......... $5. 44.22 (2) In arraignments where the defendant waives a 44.23 preliminary examination .......... $10. 44.24 (3) In all other casesFor all other charges where the 44.25 defendant stands trial or has a preliminary examination by the 44.26 court .......... $15. 44.27 (4) In all casesFor all charges where a defendant was 44.28 issued a statute, traffic, or ordinance violation tagcitation 44.29 and a fine is paid or the case is otherwise disposed of in a 44.30 violations bureau .......... $1$5. 44.31 (5) Upon the effective date of a $2 increase in the expired44.32 meter fine schedule that is enacted on or after August 1, 1987,44.33 the amount payable to the court administrator must be increased44.34 by $1 for each expired meter violation disposed of in a44.35 violations bureauthe increase in clause (4), the fine schedule 44.36 amounts shall be increased by $5. Additional money, if any, 45.1 received by the fourth judicial district administrator as a 45.2 result of this section shall be used to fund an automated 45.3 citation system and revenue collections initiative and to pay 45.4 the related administrative costs of the court administrator's 45.5 office. 45.6 Sec. 9. Minnesota Statutes 1996, section 588.01, 45.7 subdivision 3, is amended to read: 45.8 Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those 45.9 not committed in the immediate presence of the court, and of 45.10 which it has no personal knowledge, and may arise from any of 45.11 the following acts or omissions: 45.12 (1) misbehavior in office, or other willful neglect or 45.13 violation of duty, by an attorney, court administrator, sheriff, 45.14 coroner, or other person appointed or elected to perform a 45.15 judicial or ministerial service; 45.16 (2) deceit or abuse of the process or proceedings of the 45.17 court by a party to an action or special proceeding; 45.18 (3) disobedience of any lawful judgment, order, or process 45.19 of the court; 45.20 (4) assuming to be an attorney or other officer of the 45.21 court, and acting as such without authority; 45.22 (5) rescuing any person or property in the custody of an 45.23 officer by virtue of an order or process of the court; 45.24 (6) unlawfully detaining a witness or party to an action 45.25 while going to, remaining at, or returning from the court where 45.26 the action is to be tried; 45.27 (7) any other unlawful interference with the process or 45.28 proceedings of a court; 45.29 (8) disobedience of a subpoena duly served, or refusing to 45.30 be sworn or to answer as a witness; 45.31 (9) when summoned as a juror in a court, neglecting to 45.32 attend or serve, improperly conversing with a party to an action 45.33 to be tried at the court or with any person relative to the 45.34 merits of the action, or receiving a communication from a party 45.35 or other person in reference to it, and failing to immediately 45.36 disclose the same to the court; 46.1 (10) disobedience, by an inferior tribunal or officer, of 46.2 the lawful judgment, order, or process of a superior court, 46.3 proceeding in an action or special proceeding in any court 46.4 contrary to law after it has been removed from its jurisdiction, 46.5 or disobedience of any lawful order or process of a judicial 46.6 officer; 46.7 (11) failure or refusal to pay a penalty assessment46.8 surcharge levied pursuant to section 626.861357.021, 46.9 subdivision 6. 46.10 Sec. 10. Minnesota Statutes 1997 Supplement, section 46.11 609.101, subdivision 5, is amended to read: 46.12 Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 46.13 PAYMENTS.] (a) The court may not waive payment of the minimum 46.14 fine , surcharge, or assessmentrequired by this section. 46.15 (b) If the defendant qualifies for the services of a public 46.16 defender or the court finds on the record that the convicted 46.17 person is indigent or that immediate payment of the fine ,46.18 surcharge, or assessmentwould create undue hardship for the 46.19 convicted person or that person's immediate family, the court 46.20 may reduce the amount of the minimum fine to not less than $50. 46.21 (c) The court also may authorize payment of the fine ,46.22 surcharge, or assessmentin installments. 46.23 Sec. 11. Minnesota Statutes 1996, section 609.3241, is 46.24 amended to read: 46.25 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 46.26 When a court sentences an adult convicted of violating 46.27 section 609.322, 609.323, or 609.324, while acting other than as 46.28 a prostitute, the court shall impose an assessment of not less 46.29 than $250 and not more than $500 for a violation of section 46.30 609.324, subdivision 2, or a misdemeanor violation of section 46.31 609.324, subdivision 3; otherwise the court shall impose an 46.32 assessment of not less than $500 and not more than $1,000. The 46.33 mandatory minimum portion of the assessment is to be used for 46.34 the purposes described in section 626.558, subdivision 2a, and 46.35 is in addition to the assessment orsurcharge required by 46.36 section 609.101357.021, subdivision 6. Any portion of the 47.1 assessment imposed in excess of the mandatory minimum amount 47.2 shall be forwarded to the general fund and is appropriated 47.3 annually to the commissioner of corrections. The commissioner, 47.4 with the assistance of the general crime victims advisory 47.5 council, shall use money received under this section for grants 47.6 to agencies that provide assistance to individuals who have 47.7 stopped or wish to stop engaging in prostitution. Grant money 47.8 may be used to provide these individuals with medical care, 47.9 child care, temporary housing, and educational expenses. 47.10 Sec. 12. Minnesota Statutes 1996, section 611.14, is 47.11 amended to read: 47.12 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 47.13 The following persons who are financially unable to obtain 47.14 counsel are entitled to be represented by a public defender: 47.15 (1) a person charged with a felony or, gross misdemeanor, 47.16 or misdemeanor including a person charged under sections 629.01 47.17 to 629.29; 47.18 (2) a person appealing from a conviction of a felony or 47.19 gross misdemeanor, or a person convicted of a felony or gross 47.20 misdemeanor, who is pursuing a postconviction proceeding and who 47.21 has not already had a direct appeal of the conviction; 47.22 (3) a person who is entitled to be represented by counsel 47.23 under section 609.14, subdivision 2; or 47.24 (4) a minor who is entitled to be represented by counsel 47.25 under section 260.155, subdivision 2 , if the judge of the47.26 juvenile court concerned has requested and received the approval47.27 of a majority of the district court judges of the judicial47.28 district to utilize the services of the public defender in such47.29 cases, and approval of the compensation on a monthly, hourly, or47.30 per diem basis to be paid for such services under section47.31 260.251, subdivision 2, clause (e); or47.32 (5) a person, entitled by law to be represented by counsel,47.33 charged with an offense within the trial jurisdiction of a47.34 district court, if the trial judge or a majority of the trial47.35 judges of the court concerned have requested and received47.36 approval of a majority of the district court judges of the48.1 judicial district to utilize the services of the public defender48.2 in such cases and approval of the compensation on a monthly,48.3 hourly, or per diem basis to be paid for such services by the48.4 county within the court's jurisdiction. 48.5 Sec. 13. Minnesota Statutes 1996, section 611.20, 48.6 subdivision 3, is amended to read: 48.7 Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state 48.8 treasurer shall deposit the first $180,000 in the general fund.48.9 payments in excess of $180,000 shall be depositedin the general 48.10 fund and creditedcredit them to a separate account with the 48.11 board of public defense. The amount credited to this account is 48.12 appropriated to the board of public defense. 48.13 The balance of this account does not cancel but is 48.14 available until expended. Expenditures by the board from this 48.15 account for each judicial district public defense office must be 48.16 based on the amount of the payments received by the state from 48.17 the courts in each judicial district. 48.18 Sec. 14. Minnesota Statutes 1997 Supplement, section 48.19 611.25, subdivision 3, is amended to read: 48.20 Subd. 3. [DUTIES.] The state public defender shall prepare48.21 a biennial report to the board and a report to the governor and48.22 the supreme court on the operation of the state public48.23 defender's office, district defender systems, and public defense48.24 corporations. The biennial report is due on or before the48.25 beginning of the legislative session following the end of the48.26 biennium.The state public defender may require the reporting 48.27 of statistical data, budget information, and other cost factors 48.28 by the chief district public defenders and appointed counsel 48.29 systems. The state public defender shall design and conduct 48.30 programs for the training of all state and district public 48.31 defenders, appointed counsel, and attorneys for public defense 48.32 corporations funded under section 611.26. The state public 48.33 defender shall establish policies and procedures to administer 48.34 the district public defender system, consistent with standards 48.35 adopted by the state board of public defense. 48.36 Sec. 15. Minnesota Statutes 1996, section 611.26, 49.1 subdivision 2, is amended to read: 49.2 Subd. 2. [APPOINTMENT; TERMS.] The state board of public 49.3 defense shall appoint a chief district public defender for each 49.4 judicial district. When appointing a chief district public 49.5 defender, the state board of public defense membership shall be 49.6 increased to include two residents of the district appointed by 49.7 the chief judge of the district to reflect the characteristics 49.8 of the population served by the public defender in that 49.9 district. The additional members shall serve only in the 49.10 capacity of selecting the district public defender. The ad hoc 49.11 state board of public defense shall appoint a chief district 49.12 public defender only after requesting and giving reasonable time 49.13 to receive any recommendations from the public, the local bar 49.14 association, and the judges of the district , and the county49.15 commissioners within the district. Each chief district public 49.16 defender shall be a qualified attorney ,licensed to practice law 49.17 in this state. The chief district public defender shall be 49.18 appointed for a term of four years, beginning January 1, 49.19 pursuant to the following staggered term schedule: (1) in 199249.20 2000, the second and eighth districts; (2) in 19932001, the 49.21 first, third, fourth, and tenth districts; (3) in 19942002, the 49.22 fifth and ninth districts; and (4) in 19951999, the sixth and 49.23 seventh districts. The chief district public defenders shall 49.24 serve for four-year terms and may be removed for cause upon the 49.25 order of the state board of public defense. Vacancies in the 49.26 office shall be filled by the appointing authority for the 49.27 unexpired term. 49.28 Sec. 16. Minnesota Statutes 1996, section 611.26, 49.29 subdivision 3, is amended to read: 49.30 Subd. 3. [COMPENSATION.] (a) The compensation of the chief 49.31 district public defender shall be set by the board of public49.32 defense.and the compensation of each assistant district public 49.33 defender shall be set by the chief district public defender with49.34 the approval of theboard of public defense. To assist the 49.35 board of public defense in determining compensation under this 49.36 subdivision, counties shall provide to the board information on 50.1 the compensation of county attorneys, including salaries and 50.2 benefits, rent, secretarial staff, and other pertinent budget 50.3 data. For purposes of this subdivision, compensation means 50.4 salaries, cash payments, and employee benefits including paid 50.5 time off and group insurance benefits, and other direct and 50.6 indirect items of compensation including the value of office 50.7 space provided by the employer. 50.8 (b) This subdivision does not limit the rights of public 50.9 defenders to collectively bargain with their employers. 50.10 Sec. 17. Minnesota Statutes 1996, section 611.27, 50.11 subdivision 1, is amended to read: 50.12 Subdivision 1. [COUNTY PAYMENT RESPONSIBILITY.] (a) The50.13 total compensation and expenses, including office equipment and50.14 supplies, of the district public defender are to be paid by the50.15 county or counties comprising the judicial district.50.16 (b)A chief district public defender shall annually submit 50.17 a comprehensive budget to the state board of public defense. 50.18 The budget shall be in compliance with standards and forms 50.19 required by the board and must, at a minimum, include detailed50.20 substantiation as to all revenues and expenditures. The chief 50.21 district public defender shall, at times and in the form 50.22 required by the board, submit reports to the board concerning 50.23 its operations, including the number of cases handled and funds 50.24 expended for these services. 50.25 Within ten days after an assistant district public defender50.26 is appointed, the district public defender shall certify to the50.27 state board of public defense the compensation that has been50.28 recommended for the assistant.50.29 (c) The state board of public defense shall transmit the50.30 proposed budget of each district public defender to the50.31 respective district court administrators and county budget50.32 officers for comment before the board's final approval of the50.33 budget. The board shall determine and certify to the respective50.34 county boards a final comprehensive budget for the office of the50.35 district public defender that includes all expenses. After the50.36 board determines the allocation of the state funds authorized51.1 pursuant to paragraph (e), the board shall apportion the51.2 expenses of the district public defenders among the several51.3 counties and each county shall pay its share in monthly51.4 installments. The county share is the proportion of the total51.5 expenses that the population in the county bears to the total51.6 population in the district as determined by the last federal51.7 census. If the district public defender or an assistant51.8 district public defender is temporarily transferred to a county51.9 not situated in that public defender's judicial district, said51.10 county shall pay the proportionate part of that public51.11 defender's expenses for the services performed in said county.51.12 (d) Reimbursement for actual and necessary travel expenses51.13 in the conduct of the office of the district public defender51.14 shall be charged to either (1) the general expenses of the51.15 office, (2) the general expenses of the district for which the51.16 expenses were incurred if outside the district, or (3) the51.17 office of the state public defender if the services were51.18 rendered for that office.51.19 (e)(b) Money appropriated to the state board of public 51.20 defense for the board's administration, for the state public 51.21 defender, for the judicial district public defenders, and for 51.22 the public defense corporations shall be expended as determined 51.23 by the board. In distributing funds to district public 51.24 defenders, the board shall consider the geographic distribution 51.25 of public defenders, the equity of compensation among the 51.26 judicial districts, public defender case loads, and the results 51.27 of the weighted case load study. 51.28 Sec. 18. Minnesota Statutes 1996, section 611.27, 51.29 subdivision 7, is amended to read: 51.30 Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 51.31 Notwithstanding subdivision 4,The state's obligation for the 51.32 costs of the public defender services is limited to the 51.33 appropriations made to the board of public defense. Services51.34 and expenses in cases where adequate representation cannot be51.35 provided by the district public defender shall be the51.36 responsibility of the state board of public defense.52.1 Sec. 19. [PRETRIAL RELEASE STUDY.] 52.2 (a) The commissioner of administration shall study the 52.3 issue of pretrial release. At a minimum, the study must address: 52.4 (1) the extent to which under current law crimes are 52.5 committed by persons on pretrial release, including the numbers 52.6 and types of crimes committed; 52.7 (2) the extent to which persons on pretrial release 52.8 currently fail to appear as required by courts; 52.9 (3) the extent to which persons on pretrial release 52.10 currently violate conditions of release; 52.11 (4) the extent to which the enactment of a constitutional 52.12 amendment and a statute authorizing pretrial detention would 52.13 increase the number of individuals subject to pretrial detention 52.14 or the length of time that those individuals are detained; 52.15 (5) the extent, if any, to which increasing the number of 52.16 individuals subject to pretrial detention or the length of time 52.17 that those individuals are detained decreases the number of 52.18 crimes committed by persons on pretrial release or the number of 52.19 persons not appearing as directed by the court; 52.20 (6) costs associated with increasing the number of 52.21 individuals subject to pretrial detention or the length of time 52.22 that those individuals are detained; 52.23 (7) the effect that fully funded pretrial services programs 52.24 have on the number and types of crimes committed by individuals 52.25 on pretrial release or the number of individuals on pretrial 52.26 release who do not appear as directed by the court; and 52.27 (8) an analysis of the comparative costs of fully funding 52.28 pretrial services programs as compared with the costs of 52.29 increased pretrial detention. 52.30 (b) By January 15, 1999, the commissioner shall report to 52.31 the chairs of the senate and house committees and divisions 52.32 having jurisdiction over criminal justice policy and funding on 52.33 the results of the study. In addition to the requirements 52.34 contained in paragraph (a), the report must also include 52.35 recommendations, if any, on how laws involving pretrial release 52.36 may be amended within the current constitutional framework to 53.1 lower the risk that persons on pretrial release will commit new 53.2 offenses or not appear as directed by a court. 53.3 Sec. 20. [SUPREME COURT REQUESTED TO AMEND RULES OF 53.4 CRIMINAL PROCEDURE.] 53.5 The supreme court is requested to amend Rule 6.02 of the 53.6 Rules of Criminal Procedure to allow a court, judge, or judicial 53.7 officer to consider the safety of any person or the community 53.8 when imposing a condition of release or combination of 53.9 conditions of release on an offender who is released before 53.10 trial. 53.11 Sec. 21. [REPORT ON SURCHARGES.] 53.12 The state court administrator shall collect information on 53.13 the amount of revenue collected annually from the imposition of 53.14 surcharges under Minnesota Statutes, section 97A.065, 53.15 subdivision 2, or 357.021, subdivision 6, and shall report this 53.16 information to the chairs of the house and senate divisions 53.17 having jurisdiction over criminal justice funding by January 15, 53.18 2001. 53.19 Sec. 22. [WORK ZONE FINES.] 53.20 The conference of chief judges is requested to add a 53.21 payable fine for work zone violations under Minnesota Statutes, 53.22 section 169.14, subdivision 5b, to the payables list and make it 53.23 applicable to violations occurring on or after January 1, 1999. 53.24 Sec. 23. [TASK FORCE ON THE GUILTY BUT MENTALLY ILL 53.25 VERDICT.] 53.26 Subdivision 1. [DUTIES.] A task force shall study the 53.27 guilty but mentally ill verdict. The task force shall study the 53.28 laws of states that have adopted this verdict and issues 53.29 associated with its implementation. In addition, the task force 53.30 shall consider other issues involving mental health and the 53.31 criminal justice system, such as: the mental illness defense, 53.32 including how often and in what types of cases it is raised, its 53.33 success, and what happens to persons found not guilty of a crime 53.34 because of mental illness; current mental health treatment 53.35 provided to inmates at state correctional facilities, including 53.36 the type, quality, and comprehensiveness of offered treatment, 54.1 and the costs involved; likely results of adopting the guilty 54.2 but mentally ill verdict, including its potential effect on 54.3 trials and mental health treatment offered to persons convicted 54.4 as or who plead guilty but mentally ill; and civil commitments 54.5 under Minnesota Statutes, chapter 253B. 54.6 Subd. 2. [MEMBERSHIP.] The task force consists of the 54.7 following individuals: 54.8 (1) two county attorneys, appointed by the Minnesota county 54.9 attorneys association; 54.10 (2) two defense attorneys, one who is experienced in mental 54.11 health issues and one who is experienced in criminal defense 54.12 issues, appointed by the state public defender; 54.13 (3) a district court judge, appointed by the conference on 54.14 chief judges; 54.15 (4) a medical expert, appointed by the Minnesota 54.16 psychiatric association; 54.17 (5) a mental health consumer advocate, appointed by the 54.18 Minnesota mental health association; 54.19 (6) the commissioner of corrections, or a designee; 54.20 (7) the commissioner of human services, or a designee; 54.21 (8) one majority and one minority member of the senate, 54.22 appointed by the subcommittee on committees of the rules 54.23 committee; and 54.24 (9) one majority and one minority member of the house of 54.25 representatives, appointed by the speaker. 54.26 The task force may elect a chair from among its members. The 54.27 task force may use legislative staff to provide legal counsel, 54.28 research, and secretarial and clerical assistance. 54.29 Subd. 3. [RESOURCES.] Task force members may receive 54.30 compensation and expenses as provided in Minnesota Statutes, 54.31 section 15.059, subdivision 3. 54.32 Subd. 4. [REPORT.] By January 15, 1999, the task force 54.33 shall report to the chairs of the senate crime prevention and 54.34 house judiciary committees on its findings and recommendations. 54.35 If the task force recommends the adoption of a guilty but 54.36 mentally ill verdict or other changes in law, the report must 55.1 contain suggested language for its implementation. 55.2 Sec. 24. [STUDY OF FINE DISTRIBUTION.] 55.3 The court administrator for the fourth judicial district 55.4 shall initiate a study of the feasibility of modifying the fine 55.5 distribution system in the fourth judicial district to, among 55.6 other matters, reflect more accurately incarceration costs that 55.7 are absorbed by prosecuting municipalities. The study shall 55.8 include the participation of local prosecutors and county and 55.9 city officials. The court administrator shall make 55.10 recommendations to the legislature on this issue by January 15, 55.11 1999. 55.12 Sec. 25. [INSTRUCTION TO REVISOR.] 55.13 The revisor shall change the term "penalty assessment" or 55.14 similar term to "surcharge" or similar term wherever the term 55.15 appears in Minnesota Rules in connection with the board of peace 55.16 officer standards and training. 55.17 Sec. 26. [REPORT ON PUBLIC DEFENDER REIMBURSEMENTS.] 55.18 By December 15, 2000, the board of public defense shall 55.19 report on the money appropriated under Minnesota Statutes, 55.20 section 611.20, subdivision 3, to the chairs of the house and 55.21 senate divisions having jurisdiction over criminal justice 55.22 funding. The report must specify the amount of money 55.23 appropriated to the board, the amount of money spent by the 55.24 board, and what the money was spent on. 55.25 Sec. 27. [REPEALER.] 55.26 (a) Minnesota Statutes 1996, sections 609.101, subdivision 55.27 1; and 626.861, are repealed. 55.28 (b) Minnesota Statutes 1996, sections 611.216, subdivision 55.29 1a; 611.26, subdivision 9; and 611.27, subdivision 2; and 55.30 Minnesota Statutes 1997 Supplement, section 611.27, subdivision 55.31 4, are repealed. 55.32 (c) The amendment made to Minnesota Statutes, section 55.33 488A.03, subdivision 11, expires July 1, 1999. 55.34 Sec. 28. [EFFECTIVE DATE.] 55.35 Section 23 is effective the day following final enactment. 55.36 Sections 1 to 11, 21, and 27, paragraph (a), are effective 56.1 January 1, 1999. Section 13 is effective July 1, 1999. 56.2 ARTICLE 7 56.3 MISCELLANEOUS 56.4 Section 1. [CONVEYANCE OF STATE LAND TO CITY OF 56.5 FARIBAULT.] 56.6 Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota 56.7 Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 56.8 administration shall convey to the city of Faribault for no 56.9 consideration the land described in subdivision 3. 56.10 Subd. 2. [FORM.] The conveyance must be in a form approved 56.11 by the attorney general and must provide that the land reverts 56.12 to the state if Parcels A and B cease to be used for a nature 56.13 interpretive center and recreational trail system or if Parcel C 56.14 ceases to be used for a municipal park. 56.15 Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are 56.16 those parts of Section 31, 32, and 33 in Township 110 North, 56.17 Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 56.18 Township 109 North, Range 20 West, in the city of Faribault, 56.19 Rice county, Minnesota, described as follows: 56.20 (1) Parcel A: Beginning at the Southeast corner of the 56.21 Southeast Quarter of said Section 31; thence South 89 56.22 degrees, 58 minutes, 35 seconds West, along the South line 56.23 of said Southeast Quarter (for purposes of this description 56.24 bearings are assumed and based on said South line being 56.25 South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 56.26 to a point in the easterly right-of-way line of the 56.27 Chicago, Rock Island and Pacific railroad; thence North 8 56.28 degrees, 28 minutes, 35 seconds East, along said easterly 56.29 right-of-way line, 64.53 feet to a point in the center line 56.30 of the Straight river; thence along said river center line 56.31 on the following six courses: (1) North 38 degrees, 39 56.32 minutes, 35 seconds East, 291.75 feet; (2) thence North 20 56.33 degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 56.34 thence North 34 degrees, 19 minutes, 49 seconds East, 56.35 248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 56.36 seconds East, 435.03 feet; (5) thence North 18 degrees, 9 57.1 minutes, 34 seconds West, 657.76 feet; (6) thence North 46 57.2 degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 57.3 in the West line of the Southwest Quarter of said Section 57.4 32; thence North 0 degrees, 5 minutes, 56 seconds West, 57.5 along said West line, 161.66 feet to a point in the 57.6 southwesterly right-of-way line of a street known as 57.7 Institute Place; thence along said southwesterly line of 57.8 Institute Place on the following three courses: (1) South 57.9 61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 57.10 thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 57.11 feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 57.12 East, 215.06 feet to the Northeast corner of Block 1 in 57.13 AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 57.14 32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 57.15 PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 57.16 thence North 89 degrees, 21 minutes, 4 seconds West, along 57.17 the North line of said Block 1, a distance of 111.58 feet 57.18 to the Northwest corner of said Block 1; thence South 11 57.19 degrees, 41 minutes, 14 seconds East, along the West line 57.20 of said Block 1, a distance of 202.66 feet; thence South 12 57.21 degrees, 51 minutes, 4 seconds East, along said westerly 57.22 line of Block 1, a distance of 349.14 feet to the Southwest 57.23 corner of said Block 1; thence South 74 degrees, 6 minutes, 57.24 4 seconds East, along the southerly line of said Block 1, a 57.25 distance of 205.26 feet; thence South 82 degrees, 21 57.26 minutes, 4 seconds East, along said southerly line of Block 57.27 1, a distance of 106.92 feet to the Southeast corner of 57.28 said Block 1; thence South 38 degrees, 13 minutes, 56 57.29 seconds West, 194.00 feet; thence South 0 degrees, 13 57.30 minutes, 56 seconds West, 1000.00 feet; thence South 46 57.31 degrees, 15 minutes, 16 seconds West, 626.46 feet to said 57.32 point of beginning; 57.33 (2) Parcel B: Commencing at the Northwest corner of the 57.34 Northeast Quarter of said Section 5; thence South 89 57.35 degrees, 30 minutes, 57 seconds East, along the North line 57.36 of said Northeast Quarter of Section 5 (for purposes of 58.1 this description bearings are assumed and based on said 58.2 North line being South 89 degrees, 30 minutes, 57 seconds 58.3 East), a distance of 937.89 feet to the point of beginning 58.4 of the parcel to be herein described; thence northwesterly 58.5 along a nontangential curve, concave southwesterly (curve 58.6 data: delta angle = 64 degrees, 8 minutes, 9 seconds; 58.7 radius = 500.00 feet; chord bearing and distance = North 57 58.8 degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 58.9 distance of 559.69 feet; thence South 89 degrees, 58 58.10 minutes, 44 seconds West, 175.00 feet; thence 58.11 northwesterly, along a tangential curve, concave 58.12 northeasterly (curve data: delta angle = 90 degrees, 0 58.13 minutes, 0 seconds; radius = 80.00 feet; chord bearing and 58.14 distance = North 45 degrees, 1 minute, 16 seconds West, 58.15 113.14 feet), an arc distance of 125.66 feet; thence North 58.16 0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 58.17 point in the North line of the South One-fourth of the 58.18 Southeast Quarter of said Section 32; thence South 89 58.19 degrees, 28 minutes, 9 seconds East, along said North line, 58.20 2413.98 feet to a point in the East line of said Southeast 58.21 Quarter of Section 32; thence South 0 degrees, 1 minute, 9 58.22 seconds East, along said East line, 399.59 feet; thence 58.23 South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 58.24 thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 58.25 feet to a point in the North line of the West One-half of 58.26 the Northwest Quarter of said Section 4; thence South 89 58.27 degrees, 38 minutes, 30 seconds East, along said North 58.28 line, 490.37 feet to the Northeast corner of said West 58.29 One-half of the Northwest Quarter; thence South 0 degrees, 58.30 24 minutes, 20 seconds West, along the East line of said 58.31 West One-half of the Northwest Quarter, 2670.04 feet to the 58.32 Southeast corner of said West One-half of the Northwest 58.33 Quarter; thence South 0 degrees, 24 minutes, 20 seconds 58.34 West, along the East line of the Northwest Quarter of the 58.35 Southwest Quarter of said Section 4, a distance of 598.97 58.36 feet to a point in the center line of the Straight river; 59.1 thence South 34 degrees, 34 minutes, 54 seconds West, along 59.2 said river center line, 447.98 feet; thence continue along 59.3 said river center line, South 13 degrees, 53 minutes, 50 59.4 seconds West, 359.52 feet to a point in the South line of 59.5 the Northwest Quarter of the Southwest Quarter of said 59.6 Section 4; thence North 89 degrees, 35 minutes, 28 seconds 59.7 West, along said South line of the Northwest Quarter of the 59.8 Southwest Quarter, 983.94 feet to the Southwest corner of 59.9 said Northwest Quarter of the Southwest Quarter; thence 59.10 North 89 degrees, 38 minutes, 42 seconds West, along the 59.11 South line of the Northeast Quarter of the Southeast 59.12 Quarter of said Section 5, a distance of 1328.17 feet to 59.13 the Southwest corner of said Northeast Quarter of the 59.14 Southeast Quarter; thence South 0 degrees, 31 minutes, 57 59.15 seconds West, along the East line of the Southwest Quarter 59.16 of the Southeast Quarter of said Section 5, a distance of 59.17 1320.78 feet to the Southeast corner of said Southwest 59.18 Quarter of the Southeast Quarter; thence North 89 degrees, 59.19 54 minutes, 59 seconds West, along the South line of said 59.20 Southwest Quarter of the Southeast Quarter, 1329.77 feet to 59.21 the Southwest corner of said Southwest Quarter of the 59.22 Southeast Quarter; thence North 89 degrees, 16 minutes, 29 59.23 seconds West, along the North line of the Northwest Quarter 59.24 of said Section 8, a distance of 435.63 feet to a point in 59.25 the northwesterly line of the City of Faribault Trail; 59.26 thence South 61 degrees, 6 minutes, 11 seconds West, along 59.27 said Faribault Trail, 20.70 feet to the beginning of a 59.28 spiral curve; thence southwesterly along said Faribault 59.29 Trail on said spiral curve, concave northwesterly (center 59.30 line curve data: radius = 1644.62 feet; spiral angle = 3 59.31 degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 59.32 chord bearing and distance = South 62 degrees, 14 minutes, 59.33 7 seconds West, 191.95 feet), to the beginning of a 59.34 circular curve; thence continue southwesterly along said 59.35 Faribault Trail on a circular curve, concave northwesterly 59.36 (curve data: delta angle = 1 degree, 55 minutes, 51 60.1 seconds; radius = 1544.62 feet; chord bearing and distance 60.2 = South 65 degrees, 31 minutes, 4 seconds West, 52.05 60.3 feet), an arc distance of 52.05 feet; thence continue along 60.4 said Faribault Trail, South 23 degrees, 31 minutes, 1 60.5 second East, 50.00 feet; thence continue southwesterly 60.6 along said Faribault Trail, on a curve, concave 60.7 northwesterly (curve data: delta angle = 38 degrees, 51 60.8 minutes, 59 seconds; radius = 1594.62 feet; chord bearing 60.9 and distance = South 85 degrees, 54 minutes, 58 seconds 60.10 West, 1061.08 feet), an arc distance of 1081.70 feet; 60.11 thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 60.12 feet to a point in the center line of Glynview Trail 60.13 (county state aid highway 19); thence North 48 degrees, 33 60.14 minutes, 14 seconds West, along said Glynview Trail center 60.15 line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 60.16 seconds East, 285.93 feet to a point in the southwesterly 60.17 line of said Faribault Trail; thence North 11 degrees, 41 60.18 minutes, 14 seconds East, 101.49 feet to a point in the 60.19 northwesterly line of said Faribault Trail; thence North 40 60.20 degrees, 40 minutes, 22 seconds East, 265.18 feet to a 60.21 point in said North line of the Northwest Quarter of 60.22 Section 8; thence North 42 degrees, 10 minutes, 22 seconds 60.23 East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 60.24 seconds East, 205.00 feet to a point in the West line of 60.25 the Southeast Quarter of the Southwest Quarter of said 60.26 Section 5; thence North 0 degrees, 40 minutes, 22 seconds 60.27 East, along said West line, 410.33 feet to a point in the 60.28 center line of said Straight river; thence northwesterly 60.29 along said river center line on the following 5 courses: 60.30 (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 60.31 feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 60.32 850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 60.33 East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 60.34 seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 60.35 43 seconds West, 200.73 feet to a point in the West line of 60.36 the Southwest Quarter of said Section 5; thence North 0 61.1 degrees, 44 minutes, 44 seconds East, along said West line, 61.2 307.02 feet to the Southwest corner of the Northwest 61.3 Quarter of said Section 5; thence North 0 degrees, 37 61.4 minutes, 43 seconds East, along the West line of said 61.5 Northwest Quarter of Section 5, a distance of 264.00 feet; 61.6 thence North 30 degrees, 52 minutes, 17 seconds West, 61.7 396.00 feet; thence North 49 degrees, 52 minutes, 17 61.8 seconds West, 178.86 feet; thence South 51 degrees, 7 61.9 minutes, 43 seconds West, 264.00 feet; thence North 81 61.10 degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 61.11 North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 61.12 to a point in the center line of said Straight river; 61.13 thence northerly and westerly along said river center line 61.14 on the following 4 courses: (1) North 19 degrees, 25 61.15 minutes, 39 seconds East, 131.22 feet; (2) North 42 61.16 degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 61.17 North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 61.18 (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 61.19 feet to a point in the North line of the South One-half of 61.20 the Northeast Quarter of said Section 6; thence South 89 61.21 degrees, 55 minutes, 31 seconds East, along said North 61.22 line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 61.23 seconds East, 384.78 feet; thence North 47 degrees, 4 61.24 minutes, 29 seconds East, 195.36 feet; thence South 86 61.25 degrees, 25 minutes, 31 seconds East, 108.44 feet to a 61.26 point in the southwesterly right-of-way line of the 61.27 Chicago, Milwaukee, St. Paul and Pacific railroad; thence 61.28 southeasterly along said railroad right-of-way line on a 61.29 curve, concave northeasterly (curve data: delta angle = 0 61.30 degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 61.31 chord bearing and distance = South 23 degrees, 57 minutes, 61.32 58 seconds East, 37.16 feet), an arc distance of 37.16 61.33 feet; thence North 65 degrees, 40 minutes, 30 seconds East, 61.34 200.00 feet to a point in the northeasterly right-of-way 61.35 line of said railroad; thence South 78 degrees, 31 minutes, 61.36 31 seconds East, 644.57 feet; thence South 41 degrees, 58 62.1 minutes, 52 seconds East, 980.53 feet to a point in a line 62.2 49.50 feet westerly from and parallel with the East line of 62.3 the Southwest Quarter of the Northwest Quarter of said 62.4 Section 5; thence South 0 degrees, 36 minutes, 52 seconds 62.5 West, along said parallel line, 1003.61 feet to a point in 62.6 the North line of the Northwest Quarter of the Southwest 62.7 Quarter of said Section 5; thence South 0 degrees, 40 62.8 minutes, 22 seconds West, along a line parallel with and 62.9 49.50 feet westerly of the East line of said Northwest 62.10 Quarter of the Southwest Quarter of Section 5, a distance 62.11 of 86.04 feet; thence South 66 degrees, 3 minutes, 0 62.12 seconds West, 600.24 feet; thence South 9 degrees, 16 62.13 minutes, 10 seconds West, 117.00 feet; thence South 55 62.14 degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 62.15 South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 62.16 to a point in a line 16.50 feet easterly from and parallel 62.17 with the West line of the Northeast Quarter of the 62.18 Southwest Quarter of said Section 5; thence North 0 62.19 degrees, 40 minutes, 22 seconds East, along said parallel 62.20 line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 62.21 seconds East, 190.00 feet; thence North 0 degrees, 40 62.22 minutes, 22 seconds East, 200.00 feet; thence North 89 62.23 degrees, 19 minutes, 38 seconds West, 190.00 feet to a 62.24 point in said line 16.50 feet easterly from and parallel 62.25 with the West line of the Northeast Quarter of the 62.26 Southwest Quarter of said Section 5; thence North 0 62.27 degrees, 40 minutes, 22 seconds East, along said parallel 62.28 line, 133.39 feet to a point in the South line of the 62.29 Southeast Quarter of the Northwest Quarter of said Section 62.30 5; thence North 0 degrees, 36 minutes, 52 seconds East, 62.31 along a line parallel with and 16.50 feet easterly of the 62.32 West line of said Southeast Quarter of the Northwest 62.33 Quarter of Section 5, a distance of 720.09 feet; thence 62.34 South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 62.35 to a point in the East line of said Southeast Quarter of 62.36 the Northwest Quarter of Section 5; thence South 89 63.1 degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 63.2 North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 63.3 thence North 18 degrees, 38 minutes, 14 seconds West, 63.4 124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 63.5 East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 63.6 seconds East, 108.46 feet to a point designated as Point A; 63.7 thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 63.8 feet; thence North 52 degrees, 19 minutes, 41 seconds East, 63.9 270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 63.10 West, 500.00 feet; thence along a tangential curve, concave 63.11 westerly (curve data: delta angle = 23 degrees, 14 63.12 minutes, 51 seconds; radius = 500.00 feet; chord bearing 63.13 and distance = North 14 degrees, 15 minutes, 41 seconds 63.14 West, 201.48 feet), an arc distance of 202.87 feet to said 63.15 point of beginning; and 63.16 (3) Parcel C: Beginning at the Northeast corner of the 63.17 Southwest Quarter of said section 32; thence southerly, 63.18 along the East line of said Southwest Quarter (for purposes 63.19 of this description bearing of said East line is assumed 63.20 South 0 degrees, 4 minutes, 9 seconds West), a distance of 63.21 1638.76 feet; thence North 89 degrees, 18 minutes, 51 63.22 seconds West, 33.00 feet to the Southeast corner of Block 63.23 1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 63.24 COUNTY, MINNESOTA, said Southeast corner being a point in 63.25 the West line of Tenth Avenue Northeast and the true point 63.26 of beginning of the parcel to be herein described; thence 63.27 South 0 degrees, 4 minutes, 9 seconds West, along said West 63.28 line of Tenth Avenue Northeast, 360.00 feet; thence North 63.29 89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 63.30 point in the East line of vacated State Avenue; thence 63.31 North 0 degrees, 4 minutes, 9 seconds East, along said East 63.32 line of vacated State Avenue, 360.00 feet to the Southwest 63.33 corner of said Block 1; thence South 89 degrees, 18 63.34 minutes, 51 seconds East, along the South line of said 63.35 Block 1, 826.98 feet to said true point of beginning. 63.36 (b) The following land is excepted from the land described 64.1 in paragraph (a): 64.2 (1) Parcel D: That part of the North One-half of the 64.3 Northeast Quarter of Section 6 and that part of the North 64.4 One-half of the Northwest Quarter of Section 5, all in 64.5 Township 109 North, Range 20 West, in the city of 64.6 Faribault, Rice county, Minnesota, described as follows: 64.7 Beginning at a point in the East line of said Northeast 64.8 Quarter of Section 6 (for purposes of this description 64.9 bearings are assumed and based on said East line being 64.10 South 0 degrees, 37 minutes, 43 seconds West), a distance 64.11 of 1309.61 feet southerly from the Northeast corner of said 64.12 Northeast Quarter; thence South 86 degrees, 27 minutes, 58 64.13 seconds West, 153.73 feet; thence North 0 degrees, 13 64.14 minutes, 34 seconds East, 252.29 feet; thence South 89 64.15 degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 64.16 in the southwesterly right-of-way line of the Chicago, Rock 64.17 Island and Pacific railroad; thence southeasterly, along 64.18 said railroad right-of-way line, on a curve, concave 64.19 northeasterly (curve data: radius = 2914.77 feet; delta 64.20 angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 64.21 distance = South 30 degrees, 58 minutes, 52 seconds East, 64.22 277.26 feet), an arc distance of 277.37 feet; thence South 64.23 86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 64.24 point of beginning; and 64.25 (2) the property deeded to the Chicago, Rock Island and 64.26 Pacific railroad, and City of Faribault Trail. 64.27 (c) The land described in paragraph (a) is subject to: 64.28 (1) Glynview Trail (county state aid highway 19) over the 64.29 southwesterly side thereof; 64.30 (2) 220th Street East over part of the southerly side of 64.31 Section 5; 64.32 (3) Fifth Street Northeast over part of the northerly side 64.33 of the South One-quarter of the Southeast Quarter of 64.34 Section 32; 64.35 (4) an easement for ingress and egress over and across 64.36 Parcel B, said easement being a strip of land 30.00 feet in 65.1 width lying immediately adjacent to and southwesterly of 65.2 the southwesterly right-of-way line of said Chicago, Rock 65.3 Island and Pacific railroad, bounded on the North by the 65.4 southerly line of Parcel D, and bounded on the East by a 65.5 line 49.50 feet westerly of and parallel with said East 65.6 line of the Southwest Quarter of the Northwest Quarter of 65.7 Section 5; and 65.8 (5) an easement for access to and maintenance of a deep 65.9 sewer tunnel over, under, and across part of Parcel B, 65.10 being a strip of land 100.00 feet in width, 50.00 feet on 65.11 both sides of the following described center line: 65.12 Commencing at said Point A in Parcel B; thence North 56 65.13 degrees, 4 minutes, 42 seconds East, 267.00 feet to the 65.14 point of beginning of said easement center line; thence 65.15 South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 65.16 and there terminating; the side lines of said easement to 65.17 be lengthened or shortened to meet in said course herein 65.18 described as North 56 degrees, 4 minutes, 42 seconds East. 65.19 Subd. 4. [PURPOSE.] The land to be conveyed is no longer 65.20 utilized by the department of corrections in Faribault. The 65.21 city of Faribault intends to continue to use Parcels A and B for 65.22 a nature interpretive center and recreational trail system and 65.23 Parcel C for a municipal park. 65.24 Sec. 2. [EFFECTIVE DATE.] 65.25 Section 1 is effective the day following final enactment.