Minnesota Legislature
SF 3345
2nd Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to crime prevention and judiciary finance; 1.3 appropriating money for the judicial branch, public 1.4 safety, corrections, criminal justice, crime 1.5 prevention, and related purposes; prescribing, 1.6 clarifying, and modifying penalties; modifying various 1.7 fees, assessments, and surcharges; implementing, 1.8 clarifying, and modifying certain criminal and 1.9 juvenile provisions; providing for the collection, 1.10 maintenance, and reporting of certain data; 1.11 implementing, clarifying, and modifying conditions of 1.12 pretrial and conditional release; modifying the 1.13 authority of the commissioner of corrections; 1.14 providing services for disasters; clarifying and 1.15 modifying laws involving public defenders; conveying 1.16 state land to the city of Faribault; requiring a fair 1.17 housing study; amending Minnesota Statutes 1996, 1.18 sections 12.09, by adding a subdivision; 13.99, by 1.19 adding a subdivision; 152.01, subdivision 16a; 1.20 152.021, as amended; 152.022, as amended; 152.0261, by 1.21 adding a subdivision; 152.096, subdivision 1; 168.042, 1.22 subdivisions 12 and 15; 169.121, subdivision 5a; 1.23 171.16, subdivision 3; 241.01, subdivision 7, and by 1.24 adding a subdivision; 241.05; 242.195, subdivision 1; 1.25 242.32, subdivision 1; 243.05, subdivision 1; 243.166, 1.26 subdivisions 1 and 5; 243.51, by adding a subdivision; 1.27 244.05, subdivisions 4, 5, and 7; 260.015, subdivision 1.28 21; 260.131, by adding a subdivision; 260.155, 1.29 subdivision 1; 260.165, by adding a subdivision; 1.30 260.255; 260.315; 299C.06; 299C.09; 299F.04, by adding 1.31 a subdivision; 299M.01, subdivision 7; 299M.02; 1.32 299M.03, subdivisions 1 and 2; 299M.04; 299M.08; 1.33 299M.12; 357.021, by adding subdivisions; 390.11, 1.34 subdivision 2; 401.02, by adding a subdivision; 1.35 488A.03, subdivision 11; 588.01, subdivision 3; 1.36 588.20; 609.01, subdivision 1; 609.095; 609.11, 1.37 subdivision 5; 609.135, subdivision 7, and by adding a 1.38 subdivision; 609.145, by adding a subdivision; 1.39 609.185; 609.19, subdivision 1; 609.229, subdivisions 1.40 2 and 3; 609.322, subdivisions 1, 1a, and by adding a 1.41 subdivision; 609.3241; 609.341, subdivisions 11 and 1.42 12; 609.342, subdivision 1; 609.343, subdivision 1; 1.43 609.344, subdivision 1; 609.345, subdivision 1; 1.44 609.3451, subdivision 3; 609.3461, subdivisions 1 and 1.45 2; 609.347, subdivisions 1, 2, 3, 5, and 6; 609.348; 1.46 609.49, subdivision 1; 609.50, subdivision 2; 609.582; 2.1 609.66, subdivision 1e; 609.748, subdivisions 3 and 4; 2.2 609.749, subdivision 3; 609A.03, subdivision 2; 2.3 611.14; 611.20, subdivision 3; 611.216, subdivision 2.4 1a; 611.26, subdivisions 2, 3, 3a, and 9; 611.27, 2.5 subdivisions 1, 2, and 7; 617.23; 629.34, subdivision 2.6 1; 629.53; 629.715, subdivision 1; 631.045; and 2.7 634.20; Minnesota Statutes 1997 Supplement, sections 2.8 97A.065, subdivision 2; 168.042, subdivision 11a; 2.9 169.123, subdivision 5c; 169.14, subdivision 5d; 2.10 171.29, subdivision 2; 241.015; 241.277, subdivision 2.11 9; 242.192; 242.32, subdivision 4; 243.166, 2.12 subdivision 4; 243.51, subdivisions 1 and 3; 244.19, 2.13 by adding a subdivision; 260.015, subdivision 2a; 2.14 260.161, subdivision 2; 260.165, subdivision 1; 2.15 299C.095, subdivision 1; 357.021, subdivision 2; 2.16 401.01, subdivision 2; 401.13; 504.181, subdivision 1; 2.17 518B.01, subdivision 14; 609.101, subdivision 5; 2.18 609.11, subdivision 9; 609.135, subdivision 1; 609.15, 2.19 subdivision 1; 609.52, subdivision 3; 609.749, 2.20 subdivision 2; 611.25, subdivision 3; and 611.27, 2.21 subdivision 4; Laws 1996, chapter 365, section 3; Laws 2.22 1997, chapter 239, article 1, section 7, subdivision 2.23 8; article 4, section 15; article 9, section 43; 2.24 article 10, sections 1 and 19; proposing coding for 2.25 new law in Minnesota Statutes, chapters 152; 169; 241; 2.26 244; 299C; 363; 401; 609; 611A; 626; 629; 630; and 2.27 631; repealing Minnesota Statutes 1996, sections 2.28 260.261; 299M.05; 299M.11, subdivision 3; 401.02, 2.29 subdivision 4; 609.101, subdivision 1; 609.1352; 2.30 609.152; 609.184; 609.196; 609.322, subdivisions 2 and 2.31 3; 609.323; 609.346; 609.563, subdivision 2; and 2.32 626.861; Minnesota Statutes 1997 Supplement, sections 2.33 243.51, subdivision 4; and 244.19, subdivision 4; Laws 2.34 1997, chapter 239, article 9, section 44. 2.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.36 ARTICLE 1 2.37 APPROPRIATIONS 2.38 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.39 The sums shown in the columns headed "APPROPRIATIONS" are 2.40 appropriated from the general fund, or another named fund, to 2.41 the agencies and for the purposes specified in this article to 2.42 be available for the fiscal years indicated for each purpose. 2.43 The figures "1998" and "1999," where used in this article, mean 2.44 that the appropriation or appropriations listed under them are 2.45 available for the year ending June 30, 1998, or June 30, 1999, 2.46 respectively. 2.47 SUMMARY BY FUND 2.48 1998 1999 2.49 General Fund Total $ 652,000 $ 6,683,000 2.50 TOTAL $ 652,000 $ 6,683,000 2.51 APPROPRIATIONS 2.52 Available for the Year 2.53 Ending June 30 2.54 1998 1999 3.1 Sec. 2. SUPREME COURT $ -0- $ 1,060,000 3.2 $100,000 is for positions to improve 3.3 financial and human resources services 3.4 to the courts. 3.5 $300,000 is for a community justice 3.6 system collaboration team in the 3.7 judicial branch. 3.8 $500,000 is for civil legal services to 3.9 low-income clients. 3.10 $85,000 is a one-time appropriation for 3.11 a grant to the fourth judicial district 3.12 to be used to implement an innovative 3.13 community court project to improve the 3.14 administration of justice with respect 3.15 to crimes and civil disputes that 3.16 affect the quality of life in the 3.17 community. 3.18 $75,000 is a one-time appropriation for 3.19 the parental cooperation task force 3.20 created in section 15. 3.21 Up to $5,000 of the amount appropriated 3.22 in Laws 1997, chapter 239, article 1, 3.23 section 2, subdivision 2, may be used 3.24 for the normal operation of the court 3.25 for which no other reimbursement is 3.26 provided. 3.27 Sec. 3. COURT OF APPEALS 60,000 109,000 3.28 $60,000 the first year is for a 3.29 workers' compensation deficiency. 3.30 $52,000 the second year is for a sixth 3.31 appellate panel. 3.32 $57,000 the second year is for law 3.33 clerk salary equity adjustments. 3.34 Sec. 4. DISTRICT COURT -0- 1,216,000 3.35 $631,000 is for 15 additional law clerk 3.36 positions. 3.37 $585,000 is for law clerk salary equity 3.38 adjustments. 3.39 Sec. 5. BOARD ON JUDICIAL 3.40 STANDARDS -0- 100,000 3.41 $100,000 is a one-time appropriation 3.42 for costs associated with the 3.43 investigation and public hearing 3.44 regarding complaints presented to the 3.45 board. 3.46 Sec. 6. BOARD OF PUBLIC 3.47 DEFENSE 149,000 302,000 3.48 $10,000 the first year and $20,000 the 3.49 second year are for increased employer 3.50 contribution rates for coverage under 3.51 the General Plan of the Public 3.52 Employees' Retirement Association 3.53 (PERA). 4.1 $139,000 the first year and $282,000 4.2 the second year are for a 1.25 percent 4.3 salary increase for public defenders in 4.4 the second and fourth judicial 4.5 districts. 4.6 The board of public defense, in 4.7 cooperation with the supreme court, the 4.8 conference of chief judges, and the 4.9 association of Minnesota counties, 4.10 shall study the issue of public 4.11 defender representation under Minnesota 4.12 Statutes, sections 260.155, subdivision 4.13 2, and 611.14, of juveniles and other 4.14 parties in juvenile court proceedings. 4.15 By January 15, 1999, the board of 4.16 public defense shall make 4.17 recommendations to the legislature on 4.18 this issue. 4.19 Sec. 7. CORRECTIONS 4.20 Subdivision 1. Total 4.21 Appropriation 220,000 2,530,000 4.22 The amounts that may be spent from this 4.23 appropriation for each program are 4.24 specified in the following subdivisions. 4.25 Subd. 2. Correctional Institutions 4.26 -0- 71,000 4.27 $71,000 is for prison costs associated 4.28 with this act. 4.29 From the amount appropriated in Laws 4.30 1997, chapter 239, article 1, section 4.31 12, subdivision 3, for the transfer of 4.32 the Sauk Centre sex offender program, 4.33 the commissioner shall transfer 4.34 $368,000 to the correctional 4.35 institutions budget to pay prison costs 4.36 associated with this act. 4.37 The commissioner may use operating 4.38 funds appropriated in Laws 1997, 4.39 chapter 239, article 1, section 12, to 4.40 renovate Building 35 to provide for 74 4.41 medium security beds at the Moose Lake 4.42 Correctional Facility. An amount up to 4.43 $1,500,000 may be used for the 4.44 necessary renovation. 4.45 The commissioner shall report to the 4.46 chairs of the house and senate 4.47 committees having jurisdiction over 4.48 criminal justice policy and funding any 4.49 additions, reassignments, or reductions 4.50 in the number of staff positions made 4.51 during the 1998-1999 fiscal biennium. 4.52 The report shall break down the 4.53 additions, reassignments, and 4.54 reductions by management, supervisory, 4.55 line, and support positions and shall 4.56 be submitted by January 30, 1999. 4.57 The commissioner of corrections and 4.58 commissioner of public safety are 4.59 directed to study the feasibility of 4.60 developing an industries program under 5.1 Minnesota Statutes, section 241.27, an 5.2 employment program, or a vocational 5.3 program, at one or more state 5.4 correctional facilities to: 5.5 (1) manufacture sandbags used in flood 5.6 control efforts; and 5.7 (2) establish a storage system for the 5.8 sandbags. 5.9 Subd. 3. Community Services 5.10 220,000 2,459,000 5.11 $170,000 the first year and $315,000 5.12 the second year are for probation and 5.13 supervised release for the state 5.14 assumption of juvenile and adult 5.15 misdemeanant probation services in 5.16 Winona county. 5.17 $50,000 the first year and $210,000 the 5.18 second year are for probation and 5.19 supervised release for the state 5.20 assumption of juvenile and adult 5.21 misdemeanant probation services in 5.22 Benton county. 5.23 The appropriation in Laws 1997, chapter 5.24 239, article 1, section 12, subdivision 5.25 2, for the fiscal year ending June 30, 5.26 1999, for correctional institutions is 5.27 reduced by $1,000,000. That amount, 5.28 plus an additional $122,000, are added 5.29 to the appropriation in Laws 1997, 5.30 chapter 239, article 1, section 12, 5.31 subdivision 4, for the fiscal year 5.32 ending June 30, 1999, and shall be used 5.33 for increased grants to counties that 5.34 deliver correctional services. This 5.35 money shall be added to the base level 5.36 appropriated under Laws 1997, chapter 5.37 239, article 1, section 12, subdivision 5.38 4, for probation officer workload 5.39 reduction and is intended to reduce 5.40 state and county probation officer 5.41 caseload and workload overcrowding and 5.42 to increase supervision of individuals 5.43 sentenced to probation at the county 5.44 level. This increased supervision may 5.45 be accomplished through a variety of 5.46 methods, including, but not limited to: 5.47 (1) innovative technology services, 5.48 such as automated probation reporting 5.49 systems and electronic monitoring; 5.50 (2) prevention and diversion programs; 5.51 (3) intergovernmental cooperation 5.52 agreements between local governments 5.53 and appropriate community resources; 5.54 and 5.55 (4) traditional probation program 5.56 services. 5.57 Counties that deliver correctional 5.58 services under Minnesota Statutes, 5.59 section 244.19, and that qualify for 6.1 new probation officers under this 6.2 program shall receive full 6.3 reimbursement for the officers' 6.4 benefits and support not to exceed 6.5 $70,000 annually. Positions funded by 6.6 this appropriation may not supplant 6.7 existing services. 6.8 The commissioner shall distribute money 6.9 appropriated for state and county 6.10 probation officer caseload and workload 6.11 reduction according to the formula 6.12 contained in Minnesota Statutes, 6.13 section 401.10. This appropriation may 6.14 not be used to supplant existing state 6.15 or county probation officer positions 6.16 or existing correctional services or 6.17 programs. 6.18 $132,000 is a one-time appropriation 6.19 for a grant to Ramsey county for the 6.20 development and operation of a one-year 6.21 pilot project in Ramsey county 6.22 targeting intensive intervention to 6.23 families who have been involved in the 6.24 violent drug culture. 6.25 This pilot program is to provide 6.26 intensive residential services in Phase 6.27 I for up to 90 days as an alternative 6.28 to incarceration of adult women and 6.29 out-of-home placement of their 6.30 children. Case management for families 6.31 and weekly urine analysis for the adult 6.32 women will be provided throughout the 6.33 program. 6.34 Phase II is to be a time of placement 6.35 in a transitional housing program. 6.36 Phase III is to be a time of 6.37 reintegration into neighborhood living 6.38 and responsible citizenship with the 6.39 assistance of community-based 6.40 neighborhood organizations that are 6.41 recruited by project staff. 6.42 $275,000 the second year is a one-time 6.43 appropriation for grants to existing 6.44 restorative justice programs, as 6.45 described in Minnesota Statutes, 6.46 section 611A.775. In awarding grants 6.47 under this provision, the commissioner 6.48 shall give priority to existing 6.49 programs that involve face-to-face 6.50 dialogue. 6.51 This appropriation must be added to the 6.52 appropriation for the pilot project 6.53 restorative justice program in Laws 6.54 1997, chapter 239, article 1, section 6.55 12, subdivision 4. 6.56 $325,000 the second year is a one-time 6.57 appropriation to fund additional 6.58 juvenile mentoring pilot programs of 6.59 the type described in Laws 1996, 6.60 chapter 408, article 2, section 8. At 6.61 the end of the pilot programs, the 6.62 commissioner shall report findings and 6.63 recommendations concerning the pilot 6.64 programs to the chairs and ranking 7.1 minority members of the house and 7.2 senate committees with jurisdiction 7.3 over criminal justice and higher 7.4 education issues. 7.5 $980,000 the second year is to 7.6 administer the remote electronic 7.7 alcohol monitoring program described in 7.8 Minnesota Statutes, section 169.1219. 7.9 $100,000 is a one-time appropriation 7.10 for a grant to Hennepin county to be 7.11 used to continue implementation and 7.12 operation of the community-oriented 7.13 chemical dependency pilot project 7.14 established in Laws 1996, chapter 408, 7.15 article 2, section 11. 7.16 Sec. 8. CORRECTIONS OMBUDSMAN -0- 15,000 7.17 $15,000 the second year is for agency 7.18 head salary and benefit adjustments to 7.19 the Ombudsman for Corrections. 7.20 Sec. 9. PUBLIC SAFETY 7.21 Subdivision 1. Total 7.22 Appropriation 75,000 1,001,000 7.23 The amounts that may be spent from this 7.24 appropriation for each program are 7.25 specified in the following subdivisions. 7.26 Subd. 2. Emergency 7.27 Management 7.28 50,000 148,000 7.29 $50,000 the first year is a one-time 7.30 appropriation for the purchase of 7.31 flood-fighting supplies and equipment. 7.32 $50,000 the second year is to fund one 7.33 full-time staff person to coordinate 7.34 volunteer resources during disasters, 7.35 as described in article 11. 7.36 $98,000 the second year is added to the 7.37 appropriation in Laws 1997, chapter 7.38 239, article 1, section 7, subdivision 7.39 2, and fully funds the activity by 7.40 replacing the existing collection of 7.41 special revenues through interagency 7.42 contracts with a direct appropriation. 7.43 The personnel complement of the 7.44 emergency management center in the 7.45 division of emergency management is 7.46 increased by one-half position. 7.47 Subd. 3. Crime Victim 7.48 Ombudsman 7.49 25,000 100,000 7.50 $25,000 the first year and $25,000 the 7.51 second year are for the consolidation 7.52 of crime victim services under 7.53 provisions of reorganization order 180. 7.54 $75,000 the second year is a one-time 8.1 appropriation for grants to 8.2 organizations or local units of 8.3 government providing support services 8.4 to individuals leaving systems of 8.5 prostitution. Grantees must provide a 8.6 funding match. 8.7 The center for crime victims services 8.8 and the battered women advisory council 8.9 shall ensure that community advocacy 8.10 programs and support services are 8.11 available for battered women and their 8.12 children in Big Stone county. 8.13 The executive director of the center 8.14 for crime victim services must: 8.15 (1) maintain the duties, functions, 8.16 responsibilities, size, diversity, and 8.17 structure of the battered women 8.18 advisory council, the sexual assault 8.19 advisory council, the general crime 8.20 victim advisory council, and the crime 8.21 victim and witness advisory council; 8.22 (2) retain the current percentages 8.23 allocation of federal funds under the 8.24 Violence Against Women Act; 8.25 (3) retain crime-specific funding 8.26 initiatives; 8.27 (4) provide grantees of the new center, 8.28 at a minimum, quarterly reports from 8.29 the executive director; and 8.30 (5) conduct focus group meetings around 8.31 the state to ascertain victim and 8.32 provider priorities. 8.33 The executive director also must not 8.34 create additional councils or bodies 8.35 superseding the duties, functions, or 8.36 responsibilities of existing councils. 8.37 These requirements stay in effect until 8.38 June 30, 1999. 8.39 The center for crime victim services is 8.40 directed to develop a process for 8.41 determining priorities for future 8.42 funding requests. 8.43 The crime victim ombudsman shall have 8.44 responsibility for budgetary matters 8.45 related to the duties of the crime 8.46 victim ombudsman under Minnesota 8.47 Statutes, sections 611A.72 to 611A.74. 8.48 The executive director of the center 8.49 for crime victim services shall have 8.50 responsibility over budgetary matters 8.51 related to the center for crime victim 8.52 services. 8.53 Subd. 4. Fire Marshal 8.54 -0- 170,000 8.55 $170,000 is to establish, administer, 8.56 and maintain the arson investigative 8.57 data system described in Minnesota 9.1 Statutes, section 299F.04. 9.2 Subd. 5. Criminal Apprehension 9.3 -0- 283,000 9.4 $50,000 is a one-time appropriation to 9.5 administer and maintain the conditional 9.6 release data system described in 9.7 Minnesota Statutes, section 299C.147. 9.8 $100,000 is for grants under Minnesota 9.9 Statutes, section 299C.065. 9.10 $133,000 is to hire two additional 9.11 full-time forensic scientists for 9.12 processing of latent fingerprint and 9.13 other crime scene evidence. The 9.14 addition of these forensic scientists 9.15 shall not displace existing staff. 9.16 Subd. 6. Law Enforcement and 9.17 Community Grants 9.18 -0- 300,000 9.19 $100,000 is a one-time appropriation 9.20 for weed and seed grants under 9.21 Minnesota Statutes, section 299A.63. 9.22 $150,000 is a one-time appropriation to 9.23 provide grants to local law enforcement 9.24 agencies to purchase automatic external 9.25 defibrillators under section 13. 9.26 $50,000 is for expenses related to the 9.27 increased use of the criminal alert 9.28 network under Minnesota Statutes, 9.29 section 299A.61. 9.30 Sec. 10. BOARD OF PEACE 9.31 OFFICER STANDARDS AND TRAINING 148,000 -0- 9.32 $148,000 the first year is a one-time 9.33 appropriation for extraordinary legal 9.34 costs related to the settlement and 9.35 release of a wrongful discharge claim. 9.36 Sec. 11. HUMAN RIGHTS -0- 350,000 9.37 $350,000 is a one-time appropriation to 9.38 the commissioner of human rights for 9.39 grants to eligible organizations under 9.40 Minnesota Statutes, sections 363.30 to 9.41 363.33. Of this amount, $175,000 is 9.42 for fair housing enforcement 9.43 activities, including housing 9.44 discrimination complaint intake, 9.45 investigation, and legal representation 9.46 of persons concerning their housing 9.47 discrimination claims, and $175,000 is 9.48 for fair housing education and 9.49 outreach, testing, community auditing, 9.50 and research. 9.51 Money appropriated to the commissioner 9.52 under this section shall not be used by 9.53 the department of human rights for 9.54 administrative purposes. Testing 9.55 services funded by money appropriated 9.56 under this section and used in 10.1 department of human rights 10.2 investigations are not considered 10.3 administrative purposes. 10.4 Sec. 12. Laws 1997, chapter 239, article 1, section 7, 10.5 subdivision 8, is amended to read: 10.6 Subd. 8. Law Enforcement and Community Grants 10.7 3,260,000 2,745,000 10.8 The appropriations in this subdivision 10.9 are one-time appropriations. 10.10 $2,250,000 each year is to provide 10.11 funding for: 10.12 (1) grants under Minnesota Statutes, 10.13 section 299A.62, subdivision 1, clause 10.14 (2), to enable local law enforcement 10.15 agencies to assign overtime officers to 10.16 high crime areas within their 10.17 jurisdictions. These grants shall be 10.18 distributed as provided in subdivision 10.19 2 of that section. Up to $23,000 may 10.20 be used to administer grants awarded 10.21 under this clause; and 10.22 (2) weed and seed grants under 10.23 Minnesota Statutes, section 299A.63. 10.24 This appropriation shall be divided in 10.25 equal parts between the two programs. 10.26 Money not expended in the first year is 10.27 available for grants during the second 10.28 year. 10.29 By February 1, 1998, the commissioner 10.30 shall report to the chairs of the 10.31 senate and house divisions having 10.32 jurisdiction over criminal justice 10.33 funding, on grants made under clauses 10.34 (1) and (2). 10.35 $50,000 the first year is for Ramsey 10.36 county to continue the special unit 10.37 enforcing the state nuisance laws. 10.38 $50,000 the first year is for one or 10.39 more grants to community-based programs 10.40 to conduct research on street gang 10.41 culture and, based on this research, 10.42 develop effective prevention and 10.43 intervention techniques to help youth 10.44 avoid or end their street gang 10.45 involvement. Each program receiving a 10.46 grant shall provide a report to the 10.47 criminal gang oversight council that 10.48 contains the following information: 10.49 (1) the results of the program's 10.50 research on street gang culture; 10.51 (2) the program's plans for additional 10.52 research on street gang culture, if 10.53 any; and 10.54 (3) the prevention and intervention 10.55 techniques developed by the program. 11.1 An interim report must be provided to 11.2 the council six months after a program 11.3 is awarded a grant. A final report 11.4 must be provided to the council by 11.5 February 1, 1999. A copy of each 11.6 report also must be provided to the 11.7 commissioner of public safety. 11.8 Each program receiving a grant also 11.9 must provide information and 11.10 recommendations on gang culture to the 11.11 criminal gang oversight council and 11.12 criminal gang strike force, as 11.13 requested by the council or strike 11.14 force. 11.15 $40,000the first yearshall be 11.16 transferred as a grant to a nonprofit 11.17 organization to be used to meet 11.18 one-half of the state match requirement 11.19 if the organization receivesfederal11.20 matching funding to: (1) acquire 11.21 interactive multimedia equipment for 11.22 courtroom presentations to aid in the 11.23 prosecution of complex homicide and 11.24 child fatality cases; and (2) retain a 11.25 forensic pathologist skilled in making 11.26 such presentations to serve as a 11.27 consultant to prosecutors statewide for 11.28 one year. This grant is available only 11.29 if the organization obtains funds for 11.30 the remainder of the state match from 11.31 other sources. 11.32 $175,000 the first year is for grants 11.33 to the Council on Black Minnesotans to 11.34 continue the program established in 11.35 Laws 1996, chapter 408, article 2, 11.36 section 13. 11.37 $250,000 each year is for grants to 11.38 local governmental units that have 11.39 incurred costs implementing Minnesota 11.40 Statutes, section 244.052 or 244.10, 11.41 subdivision 2a. Local governmental 11.42 units shall detail the costs they have 11.43 incurred along with any other 11.44 information required by the 11.45 commissioner. The commissioner shall 11.46 award grants in a manner that 11.47 reimburses local governmental units 11.48 demonstrating the greatest need. Of 11.49 this appropriation, up to $40,000 may 11.50 be used for educational equipment and 11.51 training to be used for sex offender 11.52 notification meetings by law 11.53 enforcement agencies around the state. 11.54 $120,000 each year is for a grant to 11.55 the northwest Hennepin human services 11.56 council to administer the northwest 11.57 community law enforcement project, to 11.58 be available until June 30, 1999. 11.59 $75,000 each year is for grants to 11.60 Hennepin and Ramsey counties to 11.61 administer the community service grant 11.62 pilot project program. 11.63 $100,000 the first year is for grants 11.64 to the city of St. Paul to be used by 12.1 the city to acquire and renovate a 12.2 building for a joint use police 12.3 storefront and youth activity center in 12.4 the north end area of St. Paul. 12.5 $25,000 the first year is for the 12.6 criminal alert network to disseminate 12.7 data regarding the use of fraudulent 12.8 checks and the coordination of security 12.9 and antiterrorism efforts with the 12.10 Federal Bureau of Investigation. This 12.11 money is available only if the 12.12 commissioner determines the expansion 12.13 is feasible. If the commissioner 12.14 determines that one or both of the uses 12.15 are not feasible, the commissioner 12.16 shall reduce the amount spent 12.17 accordingly. 12.18 $75,000 the first year is for a grant 12.19 to the Fourth Judicial District to plan 12.20 for a family violence coordinating 12.21 council. 12.22 Sec. 13. [AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT PROGRAM.] 12.23 (a) The commissioner of public safety shall administer a 12.24 grant program to provide grants to local law enforcement 12.25 agencies to purchase automatic external defibrillators. Grants 12.26 awarded under this section may only be made to law enforcement 12.27 agencies that are first responders for medical emergencies. Law 12.28 enforcement agencies that receive grants under this section must: 12.29 (1) provide any necessary training to their employees 12.30 concerning the use of the defibrillator; 12.31 (2) retain or consult with a physician consultant who is 12.32 responsible for assisting the agency with issues involving the 12.33 defibrillator and following up on the medical status of persons 12.34 on whom a defibrillator has been used; and 12.35 (3) compile statistics on the use of the defibrillator and 12.36 its results and report this information to the commissioner as 12.37 required. 12.38 (b) By January 15, 1999, the commissioner shall report to 12.39 the chairs of the senate and house divisions having jurisdiction 12.40 over criminal justice funding on grants awarded under paragraph 12.41 (a). 12.42 Sec. 14. [PARENTAL COOPERATION TASK FORCE.] 12.43 The supreme court is requested to convene a task force to 12.44 evaluate ways to reduce conflict between parents, including the 12.45 use of parenting plans. The supreme court is requested to 13.1 consult on appointments to the task force with the chair of the 13.2 civil and family law division in the house of representatives 13.3 and the chair of the family law subcommittee in the senate. The 13.4 task force shall: 13.5 (1) research ways to reduce conflict between parents, 13.6 including parenting plans and the experience with parenting 13.7 plans in states that have implemented them; 13.8 (2) consider ways to facilitate the local option on 13.9 parenting plans in Minnesota Statutes, chapter 518D, and to 13.10 address any problems caused by the lack of statewide uniformity 13.11 resulting from implementing chapter 518D; and 13.12 (3) evaluate the fiscal implications of the implementation 13.13 of parenting plans. 13.14 The task force shall submit a progress report to the chairs 13.15 of the house and senate judiciary committees by January 15, 13.16 1999, and shall submit a final report to these committees by 13.17 January 15, 2000. 13.18 Sec. 15. [CENTER FOR CRIME VICTIM SERVICES.] 13.19 The commissioner of corrections and commissioner of public 13.20 safety shall work with the executive director of the center for 13.21 crime victim services to transfer furniture and equipment to the 13.22 center for crime victim services at its new location. To the 13.23 extent new furniture needs to be purchased, reasonable efforts 13.24 shall be made to purchase furniture made as part of an 13.25 industrial and commercial activity authorized under Minnesota 13.26 Statutes, section 241.27. 13.27 ARTICLE 2 13.28 GENERAL CRIME PROVISIONS 13.29 Section 1. Minnesota Statutes 1996, section 588.20, is 13.30 amended to read: 13.31 588.20 [CRIMINAL CONTEMPTS.] 13.32 Subdivision 1. [FELONY CONTEMPT.] (a) A person who 13.33 knowingly and willfully disobeys a subpoena lawfully issued in 13.34 relation to a crime of violence, as defined in section 609.11, 13.35 subdivision 9, with the intent to obstruct the criminal justice 13.36 process, is guilty of a felony and may be sentenced to 14.1 imprisonment for not more than five years or to payment of a 14.2 fine of not more than $10,000, or both. 14.3 (b) A charge brought under this subdivision must be 14.4 dismissed if the person voluntarily appears within 48 hours 14.5 after the time required for appearance on the subpoena and 14.6 reappears as directed by the court until discharged from the 14.7 subpoena by the court. However, felony charges may be filed 14.8 before the expiration of the 48 hours. This paragraph does not 14.9 apply if the person appears as a result of being located by law 14.10 enforcement authorities. 14.11 Subd. 2. [MISDEMEANOR CONTEMPT.] Every person whoshall14.12commitcommits a contempt of court, of any one of the following 14.13 kinds,shall beis guilty of a misdemeanor: 14.14 (1) disorderly, contemptuous, or insolent behavior, 14.15 committed during the sitting of the court, in its immediate view 14.16 and presence, and directly tending to interrupt its proceedings, 14.17 or to impair the respect due to its authority; 14.18 (2) behavior of like character in the presence of a 14.19 referee, while actually engaged in a trial or hearing, pursuant 14.20 to an order of court, or in the presence of a jury while 14.21 actually sitting for the trial of a cause, or upon an inquest or 14.22 other proceeding authorized by law; 14.23 (3) breach of the peace, noise, or other disturbance 14.24 directly tending to interrupt the proceedings of a court, jury, 14.25 or referee; 14.26 (4) willful disobedience to the lawful process or other 14.27 mandate of a court other than the conduct described in 14.28 subdivision 1; 14.29 (5) resistance willfully offered to its lawful process or 14.30 other mandate other than the conduct described in subdivision 1; 14.31 (6) contumacious and unlawful refusal to be sworn as a 14.32 witness, or, after being sworn, to answer any legal and proper 14.33 interrogatory; 14.34 (7) publication of a false or grossly inaccurate report of 14.35 its proceedings; or 14.36 (8) willful failure to pay court-ordered child support when 15.1 the obligor has the ability to pay. 15.2 No personshallmay be punished ashereinprovided in this 15.3 subdivision for publishing a true, full, and fair report of a 15.4 trial, argument, decision, or other court proceedinghad in15.5court. 15.6 Sec. 2. Minnesota Statutes 1996, section 609.11, 15.7 subdivision 5, is amended to read: 15.8 Subd. 5. [FIREARM.] (a) Except as otherwise provided in 15.9 paragraph (b), any defendant convicted of an offense listed in 15.10 subdivision 9 in which the defendant or an accomplice, at the 15.11 time of the offense, had in possession or used, whether by 15.12 brandishing, displaying, threatening with, or otherwise 15.13 employing, a firearm, shall be committed to the commissioner of 15.14 corrections for not less than three years, nor more than the 15.15 maximum sentence provided by law. Any defendant convicted of a 15.16 second or subsequent offense in which the defendant or an 15.17 accomplice, at the time of the offense, had in possession or 15.18 used a firearm shall be committed to the commissioner of 15.19 corrections for not less than five years, nor more than the 15.20 maximum sentence provided by law. 15.21 (b) Any defendant convicted of violating section 609.165 or 15.22 624.713, subdivision 1, clause (b), shall be committed to the 15.23 commissioner of corrections for not less than18 monthsfive 15.24 years, nor more than the maximum sentence provided by law.Any15.25defendant convicted of a second or subsequent violation of15.26either of these sections shall be committed to the commissioner15.27of corrections for not less than five years, nor more than the15.28maximum sentence provided by law.15.29 Sec. 3. Minnesota Statutes 1997 Supplement, section 15.30 609.11, subdivision 9, is amended to read: 15.31 Subd. 9. [APPLICABLE OFFENSES.] The crimes for which 15.32 mandatory minimum sentences shall be served as provided in this 15.33 section are: murder in the first, second, or third degree; 15.34 assault in the first, second, or third degree; burglary; 15.35 kidnapping; false imprisonment; manslaughter in the first or 15.36 second degree; aggravated robbery; simple robbery; witness 16.1 tampering; criminal sexual conduct under the circumstances 16.2 described in sections 609.342, subdivision 1, clauses (a) to 16.3 (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, 16.4 subdivision 1, clauses (a) to (e) and (h) to (j); escape from 16.5 custody; arson in the first, second, or third degree; drive-by 16.6 shooting under section 609.66, subdivision 1e; harassment and 16.7 stalking under section 609.749, subdivision 3, clause (3); 16.8 possession or other unlawful use of a firearm in violation of 16.9 section 609.165, subdivision 1b, or 624.713, subdivision 1, 16.10 clause (b), a felony violation of chapter 152; or any attempt to 16.11 commit any of these offenses. 16.12 Sec. 4. Minnesota Statutes 1996, section 609.185, is 16.13 amended to read: 16.14 609.185 [MURDER IN THE FIRST DEGREE.] 16.15 Whoever does any of the following is guilty of murder in 16.16 the first degree and shall be sentenced to imprisonment for life: 16.17 (1) causes the death of a human being with premeditation 16.18 and with intent to effect the death of the person or of another; 16.19 (2) causes the death of a human being while committing or 16.20 attempting to commit criminal sexual conduct in the first or 16.21 second degree with force or violence, either upon or affecting 16.22 the person or another; 16.23 (3) causes the death of a human being with intent to effect 16.24 the death of the person or another, while committing or 16.25 attempting to commit burglary, aggravated robbery, kidnapping, 16.26 arson in the first or second degree, a drive-by shooting, 16.27 tampering with a witness in the first degree, escape from 16.28 custody, or any felony violation of chapter 152 involving the 16.29 unlawful sale of a controlled substance; 16.30 (4) causes the death of a peace officer or a guard employed 16.31 at a Minnesota state or local correctional facility, with intent 16.32 to effect the death of that person or another, while the peace 16.33 officer or guard is engaged in the performance of official 16.34 duties; 16.35 (5) causes the death of a minor while committing child 16.36 abuse, when the perpetrator has engaged in a past pattern of 17.1 child abuse upon the child and the death occurs under 17.2 circumstances manifesting an extreme indifference to human life; 17.3 or 17.4 (6) causes the death of a human being while committing 17.5 domestic abuse, when the perpetrator has engaged in a past 17.6 pattern of domestic abuse upon the victim and the death occurs 17.7 under circumstances manifesting an extreme indifference to human 17.8 life. 17.9 For purposes of clause (5), "child abuse" means an act 17.10 committed against a minor victim that constitutes a violation of 17.11 the following laws of this state or any similar laws of the 17.12 United States or any other state: section 609.221; 609.222; 17.13 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 17.14 609.377; 609.378; or 609.713. 17.15 For purposes of clause (6), "domestic abuse" means an act 17.16 that: 17.17 (1) constitutes a violation of section 609.221, 609.222, 17.18 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 17.19 609.713, or any similar laws of the United States or any other 17.20 state; and 17.21 (2) is committed against the victim who is a family or 17.22 household member as defined in section 518B.01, subdivision 2, 17.23 paragraph (b). 17.24 Sec. 5. Minnesota Statutes 1996, section 609.19, 17.25 subdivision 1, is amended to read: 17.26 Subdivision 1. [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 17.27 Whoever does either of the following is guilty of murder in the 17.28 second degree and may be sentenced to imprisonment for not more 17.29 than 40 years: 17.30 (1) causes the death of a human being with intent to effect 17.31 the death of that person or another, but without premeditation;17.32 or 17.33 (2) causes the death of a human being while committing or 17.34 attempting to commit a drive-by shooting in violation of section 17.35 609.66, subdivision 1e, under circumstances other than those 17.36 described in section 609.185, clause (3). 18.1 Sec. 6. Minnesota Statutes 1996, section 609.229, 18.2 subdivision 2, is amended to read: 18.3 Subd. 2. [CRIMES.] A person who commits a crime for the 18.4 benefit of, at the direction of,orin association with, or 18.5 motivated by involvement with a criminal gang, with the intent 18.6 to promote, further, or assist in criminal conduct by gang 18.7 members is guilty of a crime and may be sentenced as provided in 18.8 subdivision 3. 18.9 Sec. 7. Minnesota Statutes 1996, section 609.229, 18.10 subdivision 3, is amended to read: 18.11 Subd. 3. [PENALTY.] (a) If the crime committed in 18.12 violation of subdivision 2 is a felony, the statutory maximum 18.13 for the crime isthreefive years longer than the statutory 18.14 maximum for the underlying crime. 18.15 (b) If the crime committed in violation of subdivision 2 is 18.16 a misdemeanor, the person is guilty of a gross misdemeanor. 18.17 (c) If the crime committed in violation of subdivision 2 is 18.18 a gross misdemeanor, the person is guilty of a felony and may be 18.19 sentenced to imprisonment for not more thanone year and a day18.20 three years or to payment of a fine of not more 18.21 than$5,000$15,000, or both. 18.22 Sec. 8. Minnesota Statutes 1996, section 609.322, 18.23 subdivision 1, is amended to read: 18.24 Subdivision 1. Whoever, while acting other than as a 18.25 prostitute or patron, intentionally doeseitherany of the 18.26 following may be sentenced to imprisonment for not more than 20 18.27 years or to payment of a fine of not more than $40,000, or both: 18.28 (1) solicits or induces an individual under the age of 16 18.29 years to practice prostitution;or18.30 (2) promotes the prostitution of an individual under the 18.31 age of 16 years; or 18.32 (3) intentionally receives profit, knowing or having reason 18.33 to know that it is derived from the prostitution, or the 18.34 promotion of the prostitution, of an individual under the age of 18.35 16 years. 18.36 Sec. 9. Minnesota Statutes 1996, section 609.322, 19.1 subdivision 1a, is amended to read: 19.2 Subd. 1a. Whoever, while acting other than as a prostitute 19.3 or patron, intentionally does any of the following may be 19.4 sentenced to imprisonment for not more thanten15 years or to 19.5 payment of a fine of not more than$20,000$30,000, or both: 19.6 (1) solicits or induces an individualat least 16 but less19.7than 18 years of ageto practice prostitution; or 19.8 (2)Solicits or induces an individual to practice19.9prostitution by means of force; or19.10(3) Uses a position of authority to solicit or induce an19.11individual to practice prostitution; or19.12(4)promotes the prostitution of an individualin the19.13following circumstances:19.14(a) The individual is at least 16 but less than 18 years of19.15age; or19.16(b) The actor knows that the individual has been induced or19.17solicited to practice prostitution by means of force; or19.18(c) The actor knows that a position of authority has been19.19used to induce or solicit the individual to practice19.20prostitution; or 19.21 (3) intentionally receives profit, knowing or having reason 19.22 to know that it is derived from the prostitution, or the 19.23 promotion of the prostitution, of an individual. 19.24 Sec. 10. Minnesota Statutes 1996, section 609.322, is 19.25 amended by adding a subdivision to read: 19.26 Subd. 1b. Subdivisions 1, clause (3), and 1a, clause (3), 19.27 do not apply to: 19.28 (1) a minor who is dependent on an individual acting as a 19.29 prostitute and who may have benefited from or been supported by 19.30 the individual's earnings derived from prostitution; or 19.31 (2) a parent over the age of 55 who is dependent on an 19.32 individual acting as a prostitute, who may have benefited from 19.33 or been supported by the individual's earnings derived from 19.34 prostitution, and who did not know that the earnings were 19.35 derived from prostitution; or 19.36 (3) the sale of goods or services to a prostitute in the 20.1 ordinary course of a lawful business. 20.2 Sec. 11. [609.3242] [PROSTITUTION CRIMES COMMITTED IN 20.3 SCHOOL OR PARK ZONES OR RESIDENTIAL NEIGHBORHOODS; INCREASED 20.4 PENALTIES.] 20.5 Subdivision 1. [DEFINITIONS.] As used in this section: 20.6 (1) "park zone" has the meaning given in section 152.01, 20.7 subdivision 12a; 20.8 (2) "residential neighborhood" means any area within 150 20.9 feet of a residence; and 20.10 (3) "school zone" has the meaning given in section 152.01, 20.11 subdivision 14a, and also includes: 20.12 (i) school bus stops established by a school board under 20.13 section 123.39, while school children are waiting for the bus; 20.14 and 20.15 (ii) any location where a child may be while traveling to 20.16 or from school. 20.17 Subd. 2. [INCREASED PENALTIES.] Any person who commits a 20.18 violation of section 609.322 or 609.324 while in a school zone, 20.19 park zone, or residential neighborhood may be sentenced as 20.20 follows: 20.21 (1) if the crime committed is a felony, the statutory 20.22 maximum for the crime is three years longer than the statutory 20.23 maximum for the underlying crime; 20.24 (2) if the crime committed is a gross misdemeanor, the 20.25 person is guilty of a felony and may be sentenced to 20.26 imprisonment for not more than two years or to payment of a fine 20.27 of not more than $4,000, or both; and 20.28 (3) if the crime committed is a misdemeanor, the person is 20.29 guilty of a gross misdemeanor. 20.30 Sec. 12. Minnesota Statutes 1996, section 609.49, 20.31 subdivision 1, is amended to read: 20.32 Subdivision 1. [FELONY OFFENDERS.] (a) A person charged 20.33 with or convicted of a felony and released from custody, with or 20.34 without bail or recognizance, on condition that the releasee 20.35 personally appear when required with respect to the charge or 20.36 conviction, who intentionally fails to appear when required 21.1 after having been notified that a failure to appear for a court 21.2 appearance is a criminal offense, is guilty of a crime for 21.3 failure to appear and may be sentenced toimprisonment for not21.4more than one year or to payment of a fine of not more than21.5$3,000, or bothnot more than one-half of the maximum term of 21.6 imprisonment or fine, or both, provided for the underlying crime 21.7 for which the person failed to appear, but this maximum sentence 21.8 shall, in no case, be less than a term of imprisonment of one 21.9 year and one day or a fine of $1,500, or both. 21.10 (b) A charge brought under this subdivision must be 21.11 dismissed if the person who fails to appear voluntarily 21.12 surrenders within 48 hours after the time required for 21.13 appearance. However, felony charges may be filed before the 21.14 expiration of the 48 hours. This paragraph does not apply if 21.15 the offender appears as a result of being apprehended by law 21.16 enforcement authorities. 21.17 Sec. 13. Minnesota Statutes 1996, section 609.50, 21.18 subdivision 2, is amended to read: 21.19 Subd. 2. [PENALTY.] A person convicted of violating 21.20 subdivision 1 may be sentenced as follows: 21.21 (1) if (i) theact was committed with knowledge that it21.22 person knew or had reason to know that the act created a risk of 21.23 death, substantial bodily harm, or serious property damage,; or 21.24 (ii) the act caused death, substantial bodily harm, or serious 21.25 property damage; orif(iii) the act involved the intentional 21.26 disarming of a peace officer by taking or attempting to take the 21.27 officer's firearm from the officer's possession without the 21.28 officer's consent,; to imprisonment for not more than five years 21.29 or to payment of a fine of not more than $10,000, or both; 21.30 (2) if the act was accompanied by force or violence or the 21.31 threat thereof, and is not otherwise covered by clause (1), to 21.32 imprisonment for not more than one year or to payment of a fine 21.33 of not more than $3,000, or both; or 21.34 (3) in other cases, to imprisonment for not more than 90 21.35 days or to payment of a fine of not more than $700, or both. 21.36 Sec. 14. Minnesota Statutes 1997 Supplement, section 22.1 609.52, subdivision 3, is amended to read: 22.2 Subd. 3. [SENTENCE.] Whoever commits theft may be 22.3 sentenced as follows: 22.4 (1) to imprisonment for not more than 20 years or to 22.5 payment of a fine of not more than $100,000, or both, if the 22.6 property is a firearm, or the value of the property or services 22.7 stolen is more than $35,000 and the conviction is for a 22.8 violation of subdivision 2, clause (3), (4), (15), or (16); or 22.9 (2) to imprisonment for not more than ten years or to 22.10 payment of a fine of not more than $20,000, or both, if the 22.11 value of the property or services stolen exceeds $2,500, or if 22.12 the property stolen was an article representing a trade secret, 22.13 an explosive or incendiary device, or a controlled substance 22.14 listed in schedule I or II pursuant to section 152.02 with the 22.15 exception of marijuana; or 22.16 (3) to imprisonment for not more than five years or to 22.17 payment of a fine of not more than $10,000, or both, if: 22.18 (a) the value of the property or services stolen is more 22.19 than $500 but not more than $2,500; or 22.20 (b) the property stolen was a controlled substance listed 22.21 in schedule III, IV, or V pursuant to section 152.02; or 22.22 (c) the value of the property or services stolen is more 22.23 than $200 but not more than $500 and the person has been 22.24 convicted within the preceding five years for an offense under 22.25 this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 22.26 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 22.27 609.821, or a statute from another state, the United States, or 22.28 a foreign jurisdiction, in conformity with any of those 22.29 sections, and the person received a felony or gross misdemeanor 22.30 sentence for the offense, or a sentence that was stayed under 22.31 section 609.135 if the offense to which a plea was entered would 22.32 allow imposition of a felony or gross misdemeanor sentence; or 22.33 (d) the value of the property or services stolen is not 22.34 more than $500, and any of the following circumstances exist: 22.35 (i) the property is taken from the person of another or 22.36 from a corpse, or grave or coffin containing a corpse; or 23.1 (ii) the property is a record of a court or officer, or a 23.2 writing, instrument or record kept, filed or deposited according 23.3 to law with or in the keeping of any public officer or office; 23.4 or 23.5 (iii) the property is taken from a burning, abandoned, or 23.6 vacant building or upon its removal therefrom, or from an area 23.7 of destruction caused by civil disaster, riot, bombing, or the 23.8 proximity of battle; or 23.9 (iv) the property consists of public funds belonging to the 23.10 state or to any political subdivision or agency thereof; or 23.11 (v) the property stolen is a motor vehicle; or 23.12 (4) to imprisonment for not more than one year or to 23.13 payment of a fine of not more than $3,000, or both, if the value 23.14 of the property or services stolen is more than $200 but not 23.15 more than $500; or 23.16 (5) in all other cases where the value of the property or 23.17 services stolen is $200 or less, to imprisonment for not more 23.18 than 90 days or to payment of a fine of not more than $700, or 23.19 both, provided, however, in any prosecution under subdivision 2, 23.20 clauses (1), (2), (3), (4), and (13), the value of the money or 23.21 property or services received by the defendant in violation of 23.22 any one or more of the above provisions within any six-month 23.23 period may be aggregated and the defendant charged accordingly 23.24 in applying the provisions of this subdivision; provided that 23.25 when two or more offenses are committed by the same person in 23.26 two or more counties, the accused may be prosecuted in any 23.27 county in which one of the offenses was committed for all of the 23.28 offenses aggregated under this paragraph. 23.29 Sec. 15. [609.5631] [ARSON IN THE FOURTH DEGREE.] 23.30 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 23.31 section, the following terms have the meanings given them. 23.32 (b) "Multiple unit residential building" means a building 23.33 containing two or more apartments. 23.34 (c) "Public building" means a building such as a hotel, 23.35 hospital, motel, dormitory, sanitarium, nursing home, theater, 23.36 stadium, gymnasium, amusement park building, school or other 24.1 building used for educational purposes, museum, restaurant, bar, 24.2 correctional institution, place of worship, or other building of 24.3 public assembly. 24.4 Subd. 2. [ARSON IN THE FOURTH DEGREE.] Whoever 24.5 intentionally by means of fire or explosives sets fire to or 24.6 burns or causes to be burned any real or personal property in a 24.7 multiple unit residential building or public building may be 24.8 sentenced to imprisonment for not more than one year or to 24.9 payment of a fine of not more than $3,000. 24.10 Sec. 16. [609.5632] [ARSON IN THE FIFTH DEGREE.] 24.11 Whoever intentionally by means of fire or explosives sets 24.12 fire to or burns or causes to be burned any real or personal 24.13 property of value may be sentenced to imprisonment for not more 24.14 than 90 days or to payment of a fine of not more than $700. 24.15 Sec. 17. Minnesota Statutes 1996, section 609.582, is 24.16 amended to read: 24.17 609.582 [BURGLARY.] 24.18 Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever 24.19 enters a building without consent and with intent to commit a 24.20 crime, or enters a building without consent and commits a crime 24.21 while in the building, either directly or as an accomplice, 24.22 commits burglary in the first degree and may be sentenced to 24.23 imprisonment for not more than 20 years or to payment of a fine 24.24 of not more than $35,000, or both, if: 24.25 (a) the building is a dwelling and another person, not an 24.26 accomplice, is present in it when the burglar enters or at any 24.27 time while the burglar is in the building; 24.28 (b) the burglar possesses, when entering or at any time 24.29 while in the building, any of the following: a dangerous 24.30 weapon, any article used or fashioned in a manner to lead the 24.31 victim to reasonably believe it to be a dangerous weapon, or an 24.32 explosive; or 24.33 (c) the burglar assaults a person within the building or on 24.34 the building's appurtenant property. 24.35 Subd. 1a. [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 24.36 OCCUPIED DWELLING.] A person convicted of committing burglary of 25.1 an occupied dwelling, as defined in subdivision 1, clause (a), 25.2 must be committed to the commissioner of corrections or county 25.3 workhouse for not less than six months. 25.4 Subd. 2. [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 25.5 building without consent and with intent to commit a crime, or 25.6 enters a building without consent and commits a crime while in 25.7 the building, either directly or as an accomplice, commits 25.8 burglary in the second degree and may be sentenced to 25.9 imprisonment for not more than ten years or to payment of a fine 25.10 of not more than $20,000, or both, if: 25.11 (a) the building is a dwelling; 25.12 (b) the portion of the building entered contains a banking 25.13 business or other business of receiving securities or other 25.14 valuable papers for deposit or safekeeping and the entry is with 25.15 force or threat of force; 25.16 (c) the portion of the building entered contains a pharmacy 25.17 or other lawful business or practice in which controlled 25.18 substances are routinely held or stored, and the entry is 25.19 forcible; or 25.20 (d) when entering or while in the building, the burglar 25.21 possesses a tool to gain access to money or property. 25.22 Subd. 3. [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 25.23 building without consent and with intent to steal or commit any 25.24 felony or gross misdemeanor while in the building, or enters a 25.25 building without consent and steals or commits a felony or gross 25.26 misdemeanor while in the building, either directly or as an 25.27 accomplice, commits burglary in the third degree and may be 25.28 sentenced to imprisonment for not more than five years or to 25.29 payment of a fine of not more than $10,000, or both. 25.30 Subd. 4. [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 25.31 building without consent and with intent to commit a misdemeanor 25.32 other than to steal, or enters a building without consent and 25.33 commits a misdemeanor other than to steal while in the building, 25.34 either directly or as an accomplice, commits burglary in the 25.35 fourth degree and may be sentenced to imprisonment for not more 25.36 than one year or to payment of a fine of not more than $3,000, 26.1 or both. 26.2 Sec. 18. Minnesota Statutes 1996, section 609.66, 26.3 subdivision 1e, is amended to read: 26.4 Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 26.5 in or having just exited from a motor vehicle, recklessly 26.6 discharges a firearm at or toward a person, another motor 26.7 vehicle, or a building is guilty of a felony and may be 26.8 sentenced to imprisonment for not more than three years or to 26.9 payment of a fine of not more than $6,000, or both.If the26.10vehicle or building is occupied, the person may be sentenced to26.11imprisonment for not more than five years or to payment of a26.12fine of not more than $10,000, or both.26.13 (b) Any person who violates this subdivision by firing into 26.14 or at an occupied building or motor vehicle may be sentenced to 26.15 imprisonment for not more than 20 years or to payment of a fine 26.16 of not more than $40,000, or both. 26.17 (c) For purposes of this subdivision, "motor vehicle" has 26.18 the meaning given in section 609.52, subdivision 1, and 26.19 "building" has the meaning given in section 609.581, subdivision 26.20 2. 26.21 Sec. 19. Minnesota Statutes 1997 Supplement, section 26.22 609.749, subdivision 2, is amended to read: 26.23 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 26.24 who harasses another by committing any of the following acts is 26.25 guilty of a gross misdemeanor: 26.26 (1) directly or indirectly manifests a purpose or intent to 26.27 injure the person, property, reputation, or rights of another by 26.28 the commission of an unlawful act; 26.29 (2) stalks, follows, or pursues another; 26.30 (3) returns to the property of another if the actor is 26.31 without claim of right to the property or consent of one with 26.32 authority to consent; 26.33 (4) repeatedly makes telephone calls, or induces a victim 26.34 to make telephone calls to the actor, whether or not 26.35 conversation ensues; 26.36 (5) makes or causes the telephone of another repeatedly or 27.1 continuously to ring; or 27.2 (6) repeatedly mails or delivers or causes the delivery of 27.3 letters, telegrams, messages, packages, or other objects; or27.4(7) engages in any other harassing conduct that interferes27.5with another person or intrudes on the person's privacy or27.6liberty. 27.7 (b) The conduct described in paragraph (a), clauses (4) and 27.8 (5), may be prosecuted at the place where any call is either 27.9 made or received. The conduct described in paragraph (a), 27.10 clause (6), may be prosecuted where any letter, telegram, 27.11 message, package, or other object is either sent or received. 27.12 Sec. 20. Minnesota Statutes 1996, section 609.749, 27.13 subdivision 3, is amended to read: 27.14 Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any 27.15 of the following acts is guilty of a felony: 27.16 (1) commits any offense described in subdivision 2 because 27.17 of the victim's or another's actual or perceived race, color, 27.18 religion, sex, sexual orientation, disability as defined in 27.19 section 363.01, age, or national origin; 27.20 (2) commits any offense described in subdivision 2 by 27.21 falsely impersonating another; 27.22 (3) commits any offense described in subdivision 2 and 27.23 possesses a dangerous weapon at the time of the offense; 27.24 (4) commits a violation of subdivision 1 with intent to 27.25 influence or otherwise tamper with a juror or a judicial 27.26 proceeding or with intent to retaliate against a judicial 27.27 officer, as defined in section 609.415, a peace officer, an 27.28 employee of the state or a political subdivision, or a 27.29 prosecutor, defense attorney, or officer of the court, because 27.30 of that person's performance of official duties in connection 27.31 with a criminal investigation or a judicial proceeding; or 27.32 (5) commits any offense described in subdivision 2 against 27.33 a victim under the age of 18, if the actor is more than 36 27.34 months older than the victim. 27.35 Sec. 21. [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 27.36 A community-based organization, in collaboration with a 28.1 local governmental unit, may establish a restorative justice 28.2 program. A restorative justice program is a program that 28.3 provides forums where certain individuals charged with or 28.4 accused of having committed a crime meet with the victim, if 28.5 appropriate; the victim's family members or other supportive 28.6 persons, if appropriate; the offender's family members or other 28.7 supportive persons, if appropriate; a law enforcement official 28.8 or prosecutor when appropriate; other criminal justice system 28.9 professionals when appropriate; and members of the community, in 28.10 order to: 28.11 (1) discuss the impact of the offense on the victim and the 28.12 community; 28.13 (2) provide support to the victim and methods for 28.14 reintegrating the victim into community life; 28.15 (3) assign an appropriate sanction to the offender; and 28.16 (4) provide methods for reintegrating the offender into 28.17 community life. 28.18 Sec. 22. [AMENDMENT TO SENTENCING GUIDELINES.] 28.19 Pursuant to Laws 1997, chapter 96, section 11, the proposed 28.20 comment contained on page 19 of the January 1998 Minnesota 28.21 sentencing guidelines commission's report to the legislature 28.22 shall take effect on August 1, 1998. 28.23 Sec. 23. [LEGISLATIVE AUDITOR STUDY.] 28.24 The legislative auditor shall conduct a study of the costs 28.25 that criminal activity places on the state and local communities. 28.26 The study shall include not only the direct costs to state and 28.27 local governments of responding to, prosecuting, and punishing 28.28 criminal offenders, but also the indirect economic and social 28.29 costs that criminal activity places on local communities and 28.30 their residents. To the extent possible, this study shall 28.31 compare, by offense type, the costs of imprisoning an offender 28.32 to the costs of criminal behavior if the offender is not 28.33 incarcerated. 28.34 The auditor shall report findings to the chairs of the 28.35 senate crime prevention and house judiciary committees by 28.36 February 15, 1999. 29.1 Sec. 24. [CRIME REPORTS BY CERTAIN CITIES, COUNTIES, AND 29.2 COURTS REQUIRED.] 29.3 Subdivision 1. [TITLE.] This section may be cited as the 29.4 "Community Right to Know Act." 29.5 Subd. 2. [DEFINITION.] (a) As used in this section, the 29.6 following terms have the meanings given them. 29.7 (b) "City" means a city of the first class. 29.8 (c) "County" means a county containing a city of the first 29.9 class. 29.10 (d) "Court" means a district court containing within its 29.11 jurisdiction a city of the first class. 29.12 (e) "Crime" refers to any misdemeanor, gross misdemeanor, 29.13 enhanced gross misdemeanor, or felony offense. 29.14 (f) "Neighborhood" means: 29.15 (1) a neighborhood as defined for the purposes of the 29.16 neighborhood revitalization program under section 469.1831, if 29.17 applicable; or 29.18 (2) a planning district as identified and mapped for city 29.19 district planning purposes. 29.20 (g) "Types of cases" means a categorization of persons 29.21 arrested or cited for, charged with, or prosecuted for any crime 29.22 including, but not limited to, the following: murder, rape, 29.23 robbery, aggravated assault, burglary, larceny-theft, motor 29.24 vehicle theft, arson, domestic assault, other assaults, 29.25 prostitution, narcotic drug law violations, vandalism, other 29.26 property violations, weapons offenses, disorderly conduct, and 29.27 DWI, provided that a person being arrested for multiple offenses 29.28 must be categorized by the most serious offense. 29.29 (h) "Types of crime" means a categorization of crimes into 29.30 the eight part I offense categories and 20 part II offense 29.31 categories listed in the uniform crime report published annually 29.32 by the federal bureau of investigation. 29.33 Subd. 3. [INFORMATION REQUIRED.] (a) Each city shall 29.34 collect and maintain the following information on crimes and 29.35 criminal cases occurring within the city: 29.36 (1) the number and types of crimes reported to local law 30.1 enforcement agencies; 30.2 (2) the number of individuals arrested for crimes by local 30.3 law enforcement agencies; 30.4 (3) the number of tab charges and citations issued for 30.5 crimes by local law enforcement agencies; 30.6 (4) the number and types of crimes cleared by arrest, 30.7 citation, or tab charge; 30.8 (5) the number and types of cases that are referred to the 30.9 city attorney for review or prosecution; 30.10 (6) the number and types of cases that result in the 30.11 issuance of a criminal complaint by the city attorney; and 30.12 (7) the number and types of cases that the city attorney: 30.13 (i) dropped, declined, or denied; or 30.14 (ii) diverted pretrial. 30.15 The city attorney also shall note the full-time equivalent 30.16 number of attorneys, and the number of cases, by assignment area 30.17 for the time period from July 1, 1998, to December 31, 1998. 30.18 (b) Each county shall collect and maintain the following 30.19 information for criminal cases relating to crimes occurring 30.20 within the city: 30.21 (1) the number and types of cases that are referred to the 30.22 county prosecutor for review or prosecution; 30.23 (2) the number and types of cases that result in the 30.24 issuance of a complaint or indictment; and 30.25 (3) the number and types of cases that the county attorney: 30.26 (i) dropped, declined, or denied; or 30.27 (ii) diverted pretrial in accordance with Minnesota 30.28 Statutes, section 388.24 or 401.065. 30.29 The county also shall determine the date by which it came, 30.30 or expects to come, into compliance with Minnesota Statutes, 30.31 section 299C.115, regarding warrant information to be provided 30.32 electronically statewide. 30.33 (c) Each court shall collect and maintain for cases 30.34 occurring within the city: 30.35 (1) the disposition of cases filed with the court, 30.36 including the number and types of cases resulting in dismissal, 31.1 continuance for dismissal, pretrial diversion, guilty plea, 31.2 finding of guilt following trial, stay of adjudication, or 31.3 verdict of acquittal; and 31.4 (2) the number and types of cases that are referred to the 31.5 violations bureau. 31.6 (d) The city, county, and court shall jointly determine: 31.7 (1) the date by which they had, or plan to have, an 31.8 integrated criminal justice information system capable of 31.9 regular and full public reporting on the occurrence and handling 31.10 of crime and criminal cases; and 31.11 (2) the actual or projected cost of such a system. 31.12 Subd. 4. [REPORTS.] By February 1, 1999, each city, 31.13 county, and court required to collect information under 31.14 subdivision 3 shall publish a report describing that information 31.15 for the period from July 1, 1998, to December 31, 1998. If 31.16 practicable, the information reported must be stratified by 31.17 neighborhood within the city. The report shall be submitted to 31.18 the chairs of the house and senate committees having 31.19 jurisdiction over criminal justice policy and funding. 31.20 Sec. 25. [STUDY OF CERTAIN PROSTITUTION CASES.] 31.21 Subdivision 1. [DEFINITION.] As used in this section, 31.22 "prostitution crime" means a violation of Minnesota Statutes, 31.23 section 609.324. 31.24 Subd. 2. [COLLECTION OF INFORMATION.] The offices of the 31.25 Hennepin and Ramsey county attorneys and sheriffs and the 31.26 offices of the Minneapolis and St. Paul city attorneys and 31.27 police departments shall collect information on the 31.28 investigation and prosecution of prostitution crimes committed 31.29 within their respective jurisdictions during calendar year 31.30 1997. The information collected shall include data on the 31.31 neighborhood where the offense allegedly was committed and the 31.32 city where the perpetrator resides; the number of police calls 31.33 or complaints concerning prostitution crimes; the number of 31.34 arrests made or citations issued for prostitution crimes; the 31.35 age, race, and gender of the individuals arrested; the types of 31.36 charges filed in these cases, if any; when the charge is a 32.1 violation of Minnesota Statutes, section 609.324; whether the 32.2 person charged was acting as a patron or prostitute; and the 32.3 disposition of the cases in which prosecutions were initiated, 32.4 including the amount of any fine or penalty assessment imposed 32.5 and whether the offender participated in any restorative justice 32.6 or alternative sentencing measure. 32.7 Subd. 3. [LEGISLATIVE REPORT.] The prosecuting authorities 32.8 specified in subdivision 2 shall cooperate in compiling a report 32.9 containing the information required to be collected under 32.10 subdivision 2 and shall submit the report by December 15, 1998, 32.11 to the chairs of the senate crime prevention committee and the 32.12 house judiciary committee. 32.13 Sec. 26. [SENTENCING GUIDELINES.] 32.14 The sentencing guidelines commission shall rank a violation 32.15 of Minnesota Statutes, section 609.66, subdivision 1e, paragraph 32.16 (b), at severity level VIII. 32.17 Sec. 27. [REPEALER.] 32.18 Minnesota Statutes 1996, sections 609.322, subdivisions 2 32.19 and 3; 609.323; and 609.563, subdivision 2, are repealed. 32.20 Sec. 28. [EFFECTIVE DATE.] 32.21 Section 6 is effective the day following final enactment 32.22 and applies to crimes committed on or after that date. Section 32.23 24 is effective July 1, 1998. Sections 1 to 5, 7 to 23, and 25 32.24 to 27 are effective August 1, 1998, and apply to crimes 32.25 committed on or after that date. 32.26 ARTICLE 3 32.27 SEX OFFENDERS 32.28 Section 1. Minnesota Statutes 1996, section 243.166, 32.29 subdivision 1, is amended to read: 32.30 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 32.31 register under this section if: 32.32 (1) the person was charged with or petitioned for a felony 32.33 violation of or attempt to violate any of the following, and 32.34 convicted of or adjudicated delinquent for that offense or 32.35 another offense arising out of the same set of circumstances: 32.36 (i) murder under section 609.185, clause (2); 33.1 (ii) kidnapping under section 609.25, involving a minor 33.2 victim; or 33.3 (iii) criminal sexual conduct under section 609.342; 33.4 609.343; 609.344;or609.345; or 609.3451, subdivision 3; or 33.5 (iv) indecent exposure under section 617.23, subdivision 3; 33.6 or 33.7 (2) the person was charged with or petitioned for falsely 33.8 imprisoning a minor in violation of section 609.255; soliciting 33.9 a minor to engage in prostitution in violation of section 33.10 609.322, 609.323, or 609.324; soliciting a minor to engage in 33.11 sexual conduct in violation of section 609.352; indecent 33.12 exposure under section 617.23, subdivision 2; using a minor in a 33.13 sexual performance in violation of section 617.246,; or 33.14 possessing pictorial representations of minors in violation of 33.15 section 617.247, and convicted of or adjudicated delinquent for 33.16 that offense or another offense arising out of the same set of 33.17 circumstances; or 33.18 (3) the person was convicted of a predatory crime as 33.19 defined in section 609.1352, and the offender was sentenced as a 33.20 patterned sex offender or the court found on its own motion or 33.21 that of the prosecutor that the crime was part of a predatory 33.22 pattern of behavior that had criminal sexual conduct as its 33.23 goal; or 33.24 (4) the person was convicted of or adjudicated delinquent 33.25 for violating a law of the United States similar to the offenses 33.26 described in clause (1), (2), or (3). 33.27 (b) A person also shall register under this section if: 33.28 (1) the person was convicted of or adjudicated delinquent 33.29 in another state for an offense that would be a violation of a 33.30 law described in paragraph (a) if committed in this state; 33.31 (2) the person entersand remains in this state for 30 days33.32or longerthe state as required in subdivision 3, paragraph (b); 33.33 and 33.34 (3) ten years have not elapsed since the person was 33.35 released from confinement or, if the person was not confined, 33.36 since the person was convicted of or adjudicated delinquent for 34.1 the offense that triggers registration. 34.2 (c) A person also shall register under this section if the 34.3 person was committed pursuant to a court commitment order under 34.4 section 253B.185 or Minnesota Statutes 1992, section 526.10, 34.5 regardless of whether the person was convicted of any offense. 34.6 Sec. 2. Minnesota Statutes 1997 Supplement, section 34.7 243.166, subdivision 4, is amended to read: 34.8 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 34.9 provided to the corrections agent or law enforcement authority, 34.10 must consist of a statement in writing signed by the person, 34.11 giving information required by the bureau of criminal 34.12 apprehension, a fingerprint card, and photograph of the person 34.13 taken at the time of the person's release from incarceration or, 34.14 if the person was not incarcerated, at the time the person 34.15 initially registered under this section. Registration 34.16 information on adults and juveniles may be maintained together 34.17 notwithstanding section 260.161, subdivision 3. 34.18 (b) Within three days, the corrections agent or law 34.19 enforcement authority shall forward the statement, fingerprint 34.20 card, and photograph to the bureau of criminal apprehension. 34.21 The bureau shall ascertain whether the person has registered 34.22 with the law enforcement authority where the person resides. If 34.23 the person has not registered with the law enforcement 34.24 authority, the bureau shall send one copy to that authority. 34.25 (c) During the period a person is required to register 34.26 under this section, the following shall apply: 34.27 (1) Each year, within 30 days of the anniversary date of 34.28 the person's initial registration, the bureau of criminal 34.29 apprehension shall mail a verification form to the last reported 34.30 address of the person. 34.31 (2) The person shall mail the signed verification form back 34.32 to the bureau of criminal apprehension within ten days after 34.33 receipt of the form, stating on the form the current and last 34.34 address of the person. 34.35 (3) If the person fails to mail the completed and signed 34.36 verification form to the bureau of criminal apprehension within 35.1 ten days after receipt of the form, the person shall be in 35.2 violation of this section. 35.3 Sec. 3. Minnesota Statutes 1996, section 243.166, 35.4 subdivision 5, is amended to read: 35.5 Subd. 5. [CRIMINAL PENALTY.] A person required to register 35.6 under this section who knowingly violates any of its provisions 35.7 or intentionally provides false information to a corrections 35.8 agent, law enforcement authority, or the bureau of criminal 35.9 apprehension is guilty of a gross misdemeanor. A person 35.10 convicted of or adjudicated delinquent for violating this 35.11 section who previously has been convicted under this section is 35.12 guilty of a felony.A violation of this section may be35.13prosecuted either where the person resides or where the person35.14was last assigned to a Minnesota corrections agent.35.15 Sec. 4. Minnesota Statutes 1996, section 244.05, 35.16 subdivision 7, is amended to read: 35.17 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 35.18 Before the commissioner releases from prison any inmate 35.19 convicted under sections 609.342 to 609.345 or sentenced as a 35.20 patterned offender under section 609.1352, and determined by the 35.21 commissioner to be in a high risk category, the commissioner 35.22 shall make a preliminary determination whether, in the 35.23 commissioner's opinion, a petition under section 253B.185 may be 35.24 appropriate. If the commissioner determines that a petition may 35.25 be appropriate, the commissioner shall forward this 35.26 determination, along with a summary of the reasons for the 35.27 determination, to the county attorney in the county where the 35.28 inmate was convicted no later than six months but, if 35.29 practicable, 12 months before the inmate's release date. If the 35.30 inmate is received for incarceration with fewer than 12 months 35.31 remaining in the inmate's term of imprisonment, the commissioner 35.32 shall forward the determination as soon as is practicable. Upon 35.33 receiving the commissioner's preliminary determination, the 35.34 county attorney shall proceed in the manner provided in section 35.35 253B.185. The commissioner shall release to the county attorney 35.36 all requested documentation maintained by the department. 36.1 Sec. 5. Minnesota Statutes 1996, section 609.341, 36.2 subdivision 11, is amended to read: 36.3 Subd. 11. (a) "Sexual contact," for the purposes of 36.4 sections 609.343, subdivision 1, clauses (a) to (f), and 36.5 609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 36.6 includes any of the following acts committed without the 36.7 complainant's consent, except in those cases where consent is 36.8 not a defense, and committed with sexual or aggressive intent: 36.9 (i) the intentional touching by the actor of the 36.10 complainant's intimate parts, or 36.11 (ii) the touching by the complainant of the actor's, the 36.12 complainant's, or another's intimate parts effected by a person 36.13 in a position of authority, or by coercionor the use of a36.14position of authority, or by inducement if the complainant is 36.15 under 13 years of age or mentally impaired, or 36.16 (iii) the touching by another of the complainant's intimate 36.17 parts effected by coercionor the use of a position of authority36.18 or by a person in a position of authority, or 36.19 (iv) in any of the cases above, the touching of the 36.20 clothing covering the immediate area of the intimate parts. 36.21 (b) "Sexual contact," for the purposes of sections 609.343, 36.22 subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 36.23 clauses (f) and (g), includes any of the following acts 36.24 committed with sexual or aggressive intent: 36.25 (i) the intentional touching by the actor of the 36.26 complainant's intimate parts; 36.27 (ii) the touching by the complainant of the actor's, the 36.28 complainant's, or another's intimate parts; 36.29 (iii) the touching by another of the complainant's intimate 36.30 parts; or 36.31 (iv) in any of the cases listed above, touching of the 36.32 clothing covering the immediate area of the intimate parts. 36.33 (c) "Sexual contact with a person under 13" means the 36.34 intentional touching of the complainant's bare genitals or anal 36.35 opening by the actor's bare genitals or anal opening with sexual 36.36 or aggressive intent or the touching by the complainant's bare 37.1 genitals or anal opening of the actor's or another's bare 37.2 genitals or anal opening with sexual or aggressive intent. 37.3 Sec. 6. Minnesota Statutes 1996, section 609.341, 37.4 subdivision 12, is amended to read: 37.5 Subd. 12. "Sexual penetration" means any of the following 37.6 acts committed without the complainant's consent, except in 37.7 those cases where consent is not a defense, whether or not 37.8 emission of semen occurs: 37.9 (1) sexual intercourse, cunnilingus, fellatio, or anal 37.10 intercourse; or 37.11 (2) any intrusion however slight into the genital or anal 37.12 openings: 37.13 (i) of the complainant's body by any part of the actor's 37.14 body or any object used by the actor for this purpose; 37.15 (ii) of the complainant's body by any part of the body of 37.16 the complainant, by any part of the body of another person, or 37.17 by any object used by the complainant or another person for this 37.18 purpose, when effected by a person in a position of authority, 37.19 or by coercionor the use of a position of authority, or by 37.20 inducement if the child is under 13 years of age or mentally 37.21 impaired; or 37.22 (iii) of the body of the actor or another person by any 37.23 part of the body of the complainant or by any object used by the 37.24 complainant for this purpose, when effected by a person in a 37.25 position of authority, or by coercionor the use of a position37.26of authority, or by inducement if the child is under 13 years of 37.27 age or mentally impaired. 37.28 Sec. 7. Minnesota Statutes 1996, section 609.342, 37.29 subdivision 1, is amended to read: 37.30 Subdivision 1. [CRIME DEFINED.] A person who engages in 37.31 sexual penetration with another person, or in sexual contact 37.32 with a person under 13 years of age as defined in section 37.33 609.341, subdivision 11, paragraph (c), is guilty of criminal 37.34 sexual conduct in the first degree if any of the following 37.35 circumstances exists: 37.36 (a) the complainant is under 13 years of age and the actor 38.1 is more than 36 months older than the complainant. Neither 38.2 mistake as to the complainant's age nor consent to the act by 38.3 the complainant is a defense; 38.4 (b) the complainant is at least 13 years of age but less 38.5 than 16 years of age and the actor is more than 48 months older 38.6 than the complainant and in a position of authority over the 38.7 complainant, and uses this authority to cause the complainant to38.8submit. Neither mistake as to the complainant's age nor consent 38.9 to the act by the complainant is a defense; 38.10 (c) circumstances existing at the time of the act cause the 38.11 complainant to have a reasonable fear of imminent great bodily 38.12 harm to the complainant or another; 38.13 (d) the actor is armed with a dangerous weapon or any 38.14 article used or fashioned in a manner to lead the complainant to 38.15 reasonably believe it to be a dangerous weapon and uses or 38.16 threatens to use the weapon or article to cause the complainant 38.17 to submit; 38.18 (e) the actor causes personal injury to the complainant, 38.19 and either of the following circumstances exist: 38.20 (i) the actor uses force or coercion to accomplish sexual 38.21 penetration; or 38.22 (ii) the actor knows or has reason to know that the 38.23 complainant is mentally impaired, mentally incapacitated, or 38.24 physically helpless; 38.25 (f) the actor is aided or abetted by one or more 38.26 accomplices within the meaning of section 609.05, and either of 38.27 the following circumstances exists: 38.28 (i) an accomplice uses force or coercion to cause the 38.29 complainant to submit; or 38.30 (ii) an accomplice is armed with a dangerous weapon or any 38.31 article used or fashioned in a manner to lead the complainant 38.32 reasonably to believe it to be a dangerous weapon and uses or 38.33 threatens to use the weapon or article to cause the complainant 38.34 to submit; 38.35 (g) the actor has a significant relationship to the 38.36 complainant and the complainant was under 16 years of age at the 39.1 time of the sexual penetration. Neither mistake as to the 39.2 complainant's age nor consent to the act by the complainant is a 39.3 defense; or 39.4 (h) the actor has a significant relationship to the 39.5 complainant, the complainant was under 16 years of age at the 39.6 time of the sexual penetration, and: 39.7 (i) the actor or an accomplice used force or coercion to 39.8 accomplish the penetration; 39.9 (ii) the complainant suffered personal injury; or 39.10 (iii) the sexual abuse involved multiple acts committed 39.11 over an extended period of time. 39.12 Neither mistake as to the complainant's age nor consent to 39.13 the act by the complainant is a defense. 39.14 Sec. 8. Minnesota Statutes 1996, section 609.343, 39.15 subdivision 1, is amended to read: 39.16 Subdivision 1. [CRIME DEFINED.] A person who engages in 39.17 sexual contact with another person is guilty of criminal sexual 39.18 conduct in the second degree if any of the following 39.19 circumstances exists: 39.20 (a) the complainant is under 13 years of age and the actor 39.21 is more than 36 months older than the complainant. Neither 39.22 mistake as to the complainant's age nor consent to the act by 39.23 the complainant is a defense. In a prosecution under this 39.24 clause, the state is not required to prove that the sexual 39.25 contact was coerced; 39.26 (b) the complainant is at least 13 but less than 16 years 39.27 of age and the actor is more than 48 months older than the 39.28 complainant and in a position of authority over the complainant,39.29and uses this authority to cause the complainant to submit. 39.30 Neither mistake as to the complainant's age nor consent to the 39.31 act by the complainant is a defense; 39.32 (c) circumstances existing at the time of the act cause the 39.33 complainant to have a reasonable fear of imminent great bodily 39.34 harm to the complainant or another; 39.35 (d) the actor is armed with a dangerous weapon or any 39.36 article used or fashioned in a manner to lead the complainant to 40.1 reasonably believe it to be a dangerous weapon and uses or 40.2 threatens to use the dangerous weapon to cause the complainant 40.3 to submit; 40.4 (e) the actor causes personal injury to the complainant, 40.5 and either of the following circumstances exist: 40.6 (i) the actor uses force or coercion to accomplish the 40.7 sexual contact; or 40.8 (ii) the actor knows or has reason to know that the 40.9 complainant is mentally impaired, mentally incapacitated, or 40.10 physically helpless; 40.11 (f) the actor is aided or abetted by one or more 40.12 accomplices within the meaning of section 609.05, and either of 40.13 the following circumstances exists: 40.14 (i) an accomplice uses force or coercion to cause the 40.15 complainant to submit; or 40.16 (ii) an accomplice is armed with a dangerous weapon or any 40.17 article used or fashioned in a manner to lead the complainant to 40.18 reasonably believe it to be a dangerous weapon and uses or 40.19 threatens to use the weapon or article to cause the complainant 40.20 to submit; 40.21 (g) the actor has a significant relationship to the 40.22 complainant and the complainant was under 16 years of age at the 40.23 time of the sexual contact. Neither mistake as to the 40.24 complainant's age nor consent to the act by the complainant is a 40.25 defense; or 40.26 (h) the actor has a significant relationship to the 40.27 complainant, the complainant was under 16 years of age at the 40.28 time of the sexual contact, and: 40.29 (i) the actor or an accomplice used force or coercion to 40.30 accomplish the contact; 40.31 (ii) the complainant suffered personal injury; or 40.32 (iii) the sexual abuse involved multiple acts committed 40.33 over an extended period of time. 40.34 Neither mistake as to the complainant's age nor consent to 40.35 the act by the complainant is a defense. 40.36 Sec. 9. Minnesota Statutes 1996, section 609.344, 41.1 subdivision 1, is amended to read: 41.2 Subdivision 1. [CRIME DEFINED.] A person who engages in 41.3 sexual penetration with another person is guilty of criminal 41.4 sexual conduct in the third degree if any of the following 41.5 circumstances exists: 41.6 (a) the complainant is under 13 years of age and the actor 41.7 is no more than 36 months older than the complainant. Neither 41.8 mistake as to the complainant's age nor consent to the act by 41.9 the complainant shall be a defense; 41.10 (b) the complainant is at least 13 but less than 16 years 41.11 of age and the actor is more than 24 months older than the 41.12 complainant. In any such case it shall be an affirmative 41.13 defense, which must be proved by a preponderance of the 41.14 evidence, that the actor believes the complainant to be 16 years 41.15 of age or older. If the actor in such a case is no more than 48 41.16 months but more than 24 months older than the complainant, the 41.17 actor may be sentenced to imprisonment for not more than five 41.18 years. Consent by the complainant is not a defense; 41.19 (c) the actor uses force or coercion to accomplish the 41.20 penetration; 41.21 (d) the actor knows or has reason to know that the 41.22 complainant is mentally impaired, mentally incapacitated, or 41.23 physically helpless; 41.24 (e) the complainant is at least 16 but less than 18 years 41.25 of age and the actor is more than 48 months older than the 41.26 complainant and in a position of authority over the complainant,41.27and uses this authority to cause or induce the complainant to41.28submit. Neither mistake as to the complainant's age nor consent 41.29 to the act by the complainant is a defense; 41.30 (f) the actor has a significant relationship to the 41.31 complainant and the complainant was at least 16 but under 18 41.32 years of age at the time of the sexual penetration. Neither 41.33 mistake as to the complainant's age nor consent to the act by 41.34 the complainant is a defense; 41.35 (g) the actor has a significant relationship to the 41.36 complainant, the complainant was at least 16 but under 18 years 42.1 of age at the time of the sexual penetration, and: 42.2 (i) the actor or an accomplice used force or coercion to 42.3 accomplish the penetration; 42.4 (ii) the complainant suffered personal injury; or 42.5 (iii) the sexual abuse involved multiple acts committed 42.6 over an extended period of time. 42.7 Neither mistake as to the complainant's age nor consent to 42.8 the act by the complainant is a defense; 42.9 (h) the actor is a psychotherapist and the complainant is a 42.10 patient of the psychotherapist and the sexual penetration 42.11 occurred: 42.12 (i) during the psychotherapy session; or 42.13 (ii) outside the psychotherapy session if an ongoing 42.14 psychotherapist-patient relationship exists. 42.15 Consent by the complainant is not a defense; 42.16 (i) the actor is a psychotherapist and the complainant is a 42.17 former patient of the psychotherapist and the former patient is 42.18 emotionally dependent upon the psychotherapist; 42.19 (j) the actor is a psychotherapist and the complainant is a 42.20 patient or former patient and the sexual penetration occurred by 42.21 means of therapeutic deception. Consent by the complainant is 42.22 not a defense; 42.23 (k) the actor accomplishes the sexual penetration by means 42.24 of deception or false representation that the penetration is for 42.25 a bona fide medical purpose. Consent by the complainant is not 42.26 a defense; or 42.27 (1) the actor is or purports to be a member of the clergy, 42.28 the complainant is not married to the actor, and: 42.29 (i) the sexual penetration occurred during the course of a 42.30 meeting in which the complainant sought or received religious or 42.31 spiritual advice, aid, or comfort from the actor in private; or 42.32 (ii) the sexual penetration occurred during a period of 42.33 time in which the complainant was meeting on an ongoing basis 42.34 with the actor to seek or receive religious or spiritual advice, 42.35 aid, or comfort in private. 42.36 Consent by the complainant is not a defense. 43.1 Sec. 10. Minnesota Statutes 1996, section 609.345, 43.2 subdivision 1, is amended to read: 43.3 Subdivision 1. [CRIME DEFINED.] A person who engages in 43.4 sexual contact with another person is guilty of criminal sexual 43.5 conduct in the fourth degree if any of the following 43.6 circumstances exists: 43.7 (a) the complainant is under 13 years of age and the actor 43.8 is no more than 36 months older than the complainant. Neither 43.9 mistake as to the complainant's age or consent to the act by the 43.10 complainant is a defense. In a prosecution under this clause, 43.11 the state is not required to prove that the sexual contact was 43.12 coerced; 43.13 (b) the complainant is at least 13 but less than 16 years 43.14 of age and the actor is more than 48 months older than the 43.15 complainant or in a position of authority over the complainant 43.16and uses this authority to cause the complainant to submit. 43.17 Consent by the complainant to the act is not a defense. In any 43.18 such case, it shall be an affirmative defense which must be 43.19 proved by a preponderance of the evidence that the actor 43.20 believes the complainant to be 16 years of age or older; 43.21 (c) the actor uses force or coercion to accomplish the 43.22 sexual contact; 43.23 (d) the actor knows or has reason to know that the 43.24 complainant is mentally impaired, mentally incapacitated, or 43.25 physically helpless; 43.26 (e) the complainant is at least 16 but less than 18 years 43.27 of age and the actor is more than 48 months older than the 43.28 complainant and in a position of authority over the complainant,43.29and uses this authority to cause or induce the complainant to43.30submit. Neither mistake as to the complainant's age nor consent 43.31 to the act by the complainant is a defense; 43.32 (f) the actor has a significant relationship to the 43.33 complainant and the complainant was at least 16 but under 18 43.34 years of age at the time of the sexual contact. Neither mistake 43.35 as to the complainant's age nor consent to the act by the 43.36 complainant is a defense; 44.1 (g) the actor has a significant relationship to the 44.2 complainant, the complainant was at least 16 but under 18 years 44.3 of age at the time of the sexual contact, and: 44.4 (i) the actor or an accomplice used force or coercion to 44.5 accomplish the contact; 44.6 (ii) the complainant suffered personal injury; or 44.7 (iii) the sexual abuse involved multiple acts committed 44.8 over an extended period of time. 44.9 Neither mistake as to the complainant's age nor consent to 44.10 the act by the complainant is a defense; 44.11 (h) the actor is a psychotherapist and the complainant is a 44.12 patient of the psychotherapist and the sexual contact occurred: 44.13 (i) during the psychotherapy session; or 44.14 (ii) outside the psychotherapy session if an ongoing 44.15 psychotherapist-patient relationship exists. 44.16 Consent by the complainant is not a defense; 44.17 (i) the actor is a psychotherapist and the complainant is a 44.18 former patient of the psychotherapist and the former patient is 44.19 emotionally dependent upon the psychotherapist; 44.20 (j) the actor is a psychotherapist and the complainant is a 44.21 patient or former patient and the sexual contact occurred by 44.22 means of therapeutic deception. Consent by the complainant is 44.23 not a defense; 44.24 (k) the actor accomplishes the sexual contact by means of 44.25 deception or false representation that the contact is for a bona 44.26 fide medical purpose. Consent by the complainant is not a 44.27 defense; or 44.28 (1) the actor is or purports to be a member of the clergy, 44.29 the complainant is not married to the actor, and: 44.30 (i) the sexual contact occurred during the course of a 44.31 meeting in which the complainant sought or received religious or 44.32 spiritual advice, aid, or comfort from the actor in private; or 44.33 (ii) the sexual contact occurred during a period of time in 44.34 which the complainant was meeting on an ongoing basis with the 44.35 actor to seek or receive religious or spiritual advice, aid, or 44.36 comfort in private. 45.1 Consent by the complainant is not a defense. 45.2 Sec. 11. Minnesota Statutes 1996, section 609.3451, 45.3 subdivision 3, is amended to read: 45.4 Subd. 3. [FELONY.] A person is guilty of a felony and may 45.5 be sentenced to imprisonment for not more than five years or to 45.6 payment of a fine of not more than $10,000, or both, if the 45.7 person violates subdivision 1, clause (2), after having been 45.8 previously convicted of or adjudicated delinquent for violating 45.9 subdivision 1, clause (2); section 617.23,paragraph45.10(b)subdivision 2, clause (1); or a statute from another state 45.11 in conformity with subdivision 1, clause (2), or section 617.23, 45.12paragraph (b)subdivision 2, clause (1). 45.13 Sec. 12. Minnesota Statutes 1996, section 609.3461, 45.14 subdivision 1, is amended to read: 45.15 Subdivision 1. [UPON SENTENCING.] The court shall order an 45.16 offender to provide a biological specimen for the purpose of DNA 45.17 analysis as defined in section 299C.155 when: 45.18 (1) the court sentences a person charged with violating or 45.19 attempting to violate section 609.185, clause (2), 609.342, 45.20 609.343, 609.344,or609.345, or 617.23, subdivision 3, clause 45.21 (2), who is convicted of violating one of those sections or of 45.22 any offense arising out of the same set of circumstances; 45.23 (2) the court sentences a person as a patterned sex 45.24 offender under section 609.1352; or 45.25 (3) the juvenile court adjudicates a person a delinquent 45.26 child who is the subject of a delinquency petition for violating 45.27 or attempting to violate section 609.342, 609.343, 609.344, or 45.28 609.345, and the delinquency adjudication is based on a 45.29 violation of one of those sections or of any offense arising out 45.30 of the same set of circumstances. The biological specimen or 45.31 the results of the analysis shall be maintained by the bureau of 45.32 criminal apprehension as provided in section 299C.155. 45.33 Sec. 13. Minnesota Statutes 1996, section 609.3461, 45.34 subdivision 2, is amended to read: 45.35 Subd. 2. [BEFORE RELEASE.] If a person convicted of 45.36 violating or attempting to violate section 609.185, clause (2), 46.1 609.342, 609.343, 609.344,or609.345, or 617.23, subdivision 3, 46.2 clause (2), or initially charged with violating one of those 46.3 sections and convicted of another offense arising out of the 46.4 same set of circumstances, or sentenced as a patterned sex 46.5 offender under section 609.1352, and committed to the custody of 46.6 the commissioner of corrections, or serving a term of 46.7 imprisonment in this state under a reciprocal agreement although 46.8 convicted in another state of an offense described in this 46.9 subdivision or a similar law of the United States or any other 46.10 state, has not provided a biological specimen for the purpose of 46.11 DNA analysis, the commissioner of corrections or local 46.12 corrections authority shall order the person to provide a 46.13 biological specimen for the purpose of DNA analysis before 46.14 completion of the person's term of imprisonment. The 46.15 commissioner of corrections or local corrections authority shall 46.16 forward the sample to the bureau of criminal apprehension. 46.17 Sec. 14. Minnesota Statutes 1996, section 617.23, is 46.18 amended to read: 46.19 617.23 [INDECENT EXPOSURE; PENALTIES.] 46.20(a)Subdivision 1. [MISDEMEANOR.] A personis guilty of a46.21misdemeanorwho commits any of the following acts in any public 46.22 place, or in any place where others are present, is guilty of a 46.23 misdemeanor: 46.24 (1) willfully and lewdly exposes the person's body, or the 46.25 private parts thereof; 46.26 (2) procures another to expose private parts; or 46.27 (3) engages in any open or gross lewdness or lascivious 46.28 behavior, or any public indecency other than behavior specified 46.29 inclause (1) or (2) orthisclausesubdivision. 46.30(b)Subd. 2. [GROSS MISDEMEANOR.] A person who commits any 46.31 of the following acts is guilty of a gross misdemeanorif: 46.32 (1) the person violatesthis sectionsubdivision 1 in the 46.33 presence of a minor under the age of 16; or 46.34 (2) the person violatesthis sectionsubdivision 1 after 46.35 having been previously convicted of violatingthis section46.36 subdivision 1, sections 609.342 to 609.3451, or a statute from 47.1 another state in conformity with any of those sections. 47.2(c)Subd. 3. [FELONY.] A person is guilty of a felony and 47.3 may be sentenced to imprisonment for not more than five years or 47.4 to payment of a fine of not more than $10,000, or both, if: 47.5 (1) the person violatesparagraph (b)subdivision 2, clause 47.6 (1), after having been previously convicted of or adjudicated 47.7 delinquent for violatingparagraph (b)subdivision 2, clause 47.8 (1); section 609.3451, subdivision 1, clause (2); or a statute 47.9 from another state in conformity withparagraph (b)subdivision 47.10 2, clause (1), or section 609.3451, subdivision 1, clause (2).; 47.11 or 47.12 (2) the person commits a violation of subdivision 1, clause 47.13 (1), in the presence of another person while intentionally 47.14 confining that person or otherwise intentionally restricting 47.15 that person's freedom to move. 47.16 Sec. 15. [EFFECTIVE DATES.] 47.17 Sections 1 to 3 are effective July 1, 1998, and apply to 47.18 persons who are released from prison on or after that date, or 47.19 who are under supervision as of that date, or who enter this 47.20 state on or after that date. Section 4 is effective July 1, 47.21 1998. Sections 5 to 14 are effective August 1, 1998, and apply 47.22 to crimes committed on or after that date. 47.23 ARTICLE 4 47.24 CONTROLLED SUBSTANCES 47.25 Section 1. Minnesota Statutes 1996, section 152.01, 47.26 subdivision 16a, is amended to read: 47.27 Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.] 47.28 "Subsequent controlled substance conviction" means that before 47.29 commission of the offense for which the person is convicted 47.30 under this chapter, the person received a disposition under 47.31 section 152.18, subdivision 1, or the person was convicted in 47.32 Minnesota of a felony violation of this chapter or a 47.33 felony-level attempt or conspiracy to violate this chapter, or 47.34 convicted elsewhere for conduct that would have been a felony 47.35 under this chapter if committed in Minnesota. An earlier 47.36 conviction, as defined in this subdivision, is not relevant if 48.1 ten years have elapsed since: (1) the person was restored to 48.2 civil rights; or (2) the sentence has expired, whichever occurs 48.3 first. 48.4 Sec. 2. Minnesota Statutes 1996, section 152.021, as 48.5 amended by Laws 1997, chapter 239, article 4, sections 5 and 6, 48.6 is amended to read: 48.7 152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 48.8 Subdivision 1. [MANUFACTURE CRIMES.] A person is guilty of 48.9 controlled substance crime in the first degree if the person 48.10 manufactures any amount of methamphetamine. 48.11 Subd. 2. [SALE CRIMES.] A person is guilty of controlled 48.12 substance crime in the first degree if: 48.13 (1) on one or more occasions within a 90-day period the 48.14 person unlawfully sells one or more mixtures of a total weight 48.15 of ten grams or more containing cocaineor, heroin, or 48.16 methamphetamine; 48.17 (2) on one or more occasions within a 90-day period the 48.18 person unlawfully sells one or more mixtures of a total weight 48.19 of 50 grams or more containing a narcotic drug other than 48.20 cocaineor, heroin, or methamphetamine; 48.21 (3) on one or more occasions within a 90-day period the 48.22 person unlawfully sells one or more mixtures of a total weight 48.23 of 50 grams or more containingmethamphetamine,amphetamine, 48.24 phencyclidine, or hallucinogen or, if the controlled substance 48.25 is packaged in dosage units, equaling 200 or more dosage units; 48.26 or 48.27 (4) on one or more occasions within a 90-day period the 48.28 person unlawfully sells one or more mixtures of a total weight 48.29 of 50 kilograms or more containing marijuana or 48.30 Tetrahydrocannabinols, or one or more mixtures of a total weight 48.31 of 25 kilograms or more containing marijuana or 48.32 Tetrahydrocannabinols in a school zone, a park zone, a public 48.33 housing zone, or a drug treatment facility. 48.34 Subd.2.3. [POSSESSION CRIMES.] A person is guilty of a 48.35 controlled substance crime in the first degree if: 48.36 (1) the person unlawfully possesses one or more mixtures of 49.1 a total weight of 25 grams or more containing cocaineor, 49.2 heroin, or methamphetamine; 49.3 (2) the person unlawfully possesses one or more mixtures of 49.4 a total weight of 500 grams or more containing a narcotic drug 49.5 other than cocaineor, heroin, or methamphetamine; 49.6 (3) the person unlawfully possesses one or more mixtures of 49.7 a total weight of 500 grams or more containingmethamphetamine,49.8 amphetamine, phencyclidine, or hallucinogen or, if the 49.9 controlled substance is packaged in dosage units, equaling 500 49.10 or more dosage units; or 49.11 (4) the person unlawfully possesses one or more mixtures of 49.12 a total weight of 100 kilograms or more containing marijuana or 49.13 Tetrahydrocannabinols. 49.14 Subd.3.4. [PENALTY.] (a) A person convicted under 49.15 subdivision 1or 2to 3 may be sentenced to imprisonment for not 49.16 more than 30 years or to payment of a fine of not more than 49.17 $1,000,000, or both. 49.18 (b) If the conviction is a subsequent controlled substance 49.19 conviction, a person convicted under subdivision 1 or 2 shall be 49.20 committed to the commissioner of corrections for not less than 49.21 four years nor more than 40 years and, in addition, may be 49.22 sentenced to payment of a fine of not more than $1,000,000. 49.23 (c) In a prosecution under subdivision 1 involving sales by 49.24 the same person in two or more counties within a 90-day period, 49.25 the person may be prosecuted for all of the sales in any county 49.26 in which one of the sales occurred. 49.27 Sec. 3. Minnesota Statutes 1996, section 152.022, as 49.28 amended by Laws 1997, chapter 239, article 4, sections 7 and 8, 49.29 is amended to read: 49.30 152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 49.31 Subdivision 1. [SALE CRIMES.] A person is guilty of 49.32 controlled substance crime in the second degree if: 49.33 (1) on one or more occasions within a 90-day period the 49.34 person unlawfully sells one or more mixtures of a total weight 49.35 of three grams or more containing cocaineor, heroin, or 49.36 methamphetamine; 50.1 (2) on one or more occasions within a 90-day period the 50.2 person unlawfully sells one or more mixtures of a total weight 50.3 of ten grams or more containing a narcotic drug other than 50.4 cocaineor, heroin, or methamphetamine; 50.5 (3) on one or more occasions within a 90-day period the 50.6 person unlawfully sells one or more mixtures of a total weight 50.7 of ten grams or more containingmethamphetamine,amphetamine, 50.8 phencyclidine, or hallucinogen or, if the controlled substance 50.9 is packaged in dosage units, equaling 50 or more dosage units; 50.10 (4) on one or more occasions within a 90-day period the 50.11 person unlawfully sells one or more mixtures of a total weight 50.12 of 25 kilograms or more containing marijuana or 50.13 Tetrahydrocannabinols; 50.14 (5) the person unlawfully sells any amount of a schedule I 50.15 or II narcotic drug to a person under the age of 18, or 50.16 conspires with or employs a person under the age of 18 to 50.17 unlawfully sell the substance; or 50.18 (6) the person unlawfully sells any of the following in a 50.19 school zone, a park zone, a public housing zone, or a drug 50.20 treatment facility: 50.21 (i) any amount of a schedule I or II narcotic drug, or 50.22 lysergic acid diethylamide (LSD); 50.23 (ii) one or more mixtures containing methamphetamine or 50.24 amphetamine; or 50.25 (iii) one or more mixtures of a total weight of five 50.26 kilograms or more containing marijuana or Tetrahydrocannabinols. 50.27 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 50.28 controlled substance crime in the second degree if: 50.29 (1) the person unlawfully possesses one or more mixtures of 50.30 a total weight of six grams or more containing cocaineor, 50.31 heroin, or methamphetamine; 50.32 (2) the person unlawfully possesses one or more mixtures of 50.33 a total weight of 50 grams or more containing a narcotic drug 50.34 other than cocaineor, heroin, or methamphetamine; 50.35 (3) the person unlawfully possesses one or more mixtures of 50.36 a total weight of 50 grams or more containingmethamphetamine,51.1 amphetamine, phencyclidine, or hallucinogen or, if the 51.2 controlled substance is packaged in dosage units, equaling 100 51.3 or more dosage units; or 51.4 (4) the person unlawfully possesses one or more mixtures of 51.5 a total weight of 50 kilograms or more containing marijuana or 51.6 Tetrahydrocannabinols. 51.7 Subd. 3. [PENALTY.] (a) A person convicted under 51.8 subdivision 1 or 2 may be sentenced to imprisonment for not more 51.9 than 25 years or to payment of a fine of not more than $500,000, 51.10 or both. 51.11 (b) If the conviction is a subsequent controlled substance 51.12 conviction, a person convicted under subdivision 1 or 2 shall be 51.13 committed to the commissioner of corrections for not less than 51.14 three years nor more than 40 years and, in addition, may be 51.15 sentenced to payment of a fine of not more than $500,000. 51.16 (c) In a prosecution under subdivision 1 involving sales by 51.17 the same person in two or more counties within a 90-day period, 51.18 the person may be prosecuted for all of the sales in any county 51.19 in which one of the sales occurred. 51.20 Sec. 4. Minnesota Statutes 1996, section 152.0261, is 51.21 amended by adding a subdivision to read: 51.22 Subd. 1a. [USE OF PERSON UNDER 18 TO IMPORT.] A person who 51.23 conspires with or employs a person under the age of 18 to cross 51.24 a state or international border into Minnesota while that person 51.25 or the person under the age of 18 is in possession of an amount 51.26 of a controlled substance that constitutes a controlled 51.27 substance crime under sections 152.021 to 152.025, with the 51.28 intent to obstruct the criminal justice process, is guilty of 51.29 importing controlled substances and may be sentenced as provided 51.30 in subdivision 3. 51.31 Sec. 5. Minnesota Statutes 1996, section 152.096, 51.32 subdivision 1, is amended to read: 51.33 Subdivision 1. [PROHIBITED ACTS; PENALTIES.] Any person 51.34 who attempts or conspires to commit any act prohibited by this 51.35 chapter, except possession or distribution for no remuneration 51.36 of a small amount of marijuana as defined in section 152.01, 52.1 subdivision 16, is guilty of a felony and upon conviction may be 52.2 imprisoned, fined, or both, up to the maximum amount authorized 52.3 by law for the act the person attempted or conspired to commit. 52.4 Sec. 6. [152.135] [RESTRICTIONS ON SALES, MARKETING, AND 52.5 POSSESSION OF EPHEDRINE.] 52.6 Subdivision 1. [PRESCRIPTION STATUS FOR EPHEDRINE.] Except 52.7 as provided in this section, a material, compound, mixture, or 52.8 preparation that contains any quantity of ephedrine, a salt of 52.9 ephedrine, an optical isomer of ephedrine, or a salt of an 52.10 optical isomer of ephedrine, may be dispensed only upon the 52.11 prescription of a duly licensed practitioner authorized by the 52.12 laws of the state to prescribe prescription drugs. 52.13 Subd. 2. [EXCEPTIONS.] (a) A drug product containing 52.14 ephedrine, its salts, optical isomers, and salts of optical 52.15 isomers is exempt from subdivision 1 if the drug product: 52.16 (1) may be lawfully sold over the counter without a 52.17 prescription under the federal Food, Drug, and Cosmetic Act, 52.18 United States Code, title 21, section 321, et seq.; 52.19 (2) is labeled and marketed in a manner consistent with the 52.20 pertinent OTC Tentative Final or Final Monograph; 52.21 (3) is manufactured and distributed for legitimate 52.22 medicinal use in a manner that reduces or eliminates the 52.23 likelihood of abuse; 52.24 (4) is not marketed, advertised, or labeled for the 52.25 indication of stimulation, mental alertness, weight loss, muscle 52.26 enhancement, appetite control, or energy; and 52.27 (5) is in solid oral dosage forms, including soft gelatin 52.28 caplets, that combine 400 milligrams of guaifenesin and 25 52.29 milligrams of ephedrine per dose, according to label 52.30 instructions; or is an anorectal preparation containing not more 52.31 than five percent ephedrine. 52.32 (b) Subdivision 1 shall not apply to products containing 52.33 ephedra or ma huang and lawfully marketed as dietary supplements 52.34 under federal law. 52.35 Subd. 3. [MISMARKETING OF EPHEDRINE PROHIBITED.] The 52.36 marketing, advertising, or labeling of a product containing 53.1 ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 53.2 or a salt of an optical isomer of ephedrine for the indication 53.3 of stimulation, mental alertness, weight loss, appetite control, 53.4 or energy, is prohibited. In determining compliance with this 53.5 subdivision, the following factors may be considered: 53.6 (1) the packaging of the drug product; 53.7 (2) the name and labeling of the product; 53.8 (3) the manner of distribution, advertising, and promotion 53.9 of the product; 53.10 (4) verbal representations made concerning the product; and 53.11 (5) the duration, scope, and significance of abuse or 53.12 misuse of the product. 53.13 Subd. 4. [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It 53.14 is unlawful for a person to possess ephedrine, pseudoephedrine, 53.15 or phenylpropanolamine or their salts, optical isomers, or salts 53.16 of optical isomers with the intent to use the product as a 53.17 precursor to an illegal substance. 53.18 Subd. 5. [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is 53.19 unlawful for a person to sell, distribute, or otherwise make 53.20 available a product containing ephedrine, pseudoephedrine, or 53.21 phenylpropanolamine or their salts, optical isomers, or salts of 53.22 optical isomers if the person knows or reasonably should know 53.23 that the product will be used as a precursor to an illegal 53.24 substance. 53.25 Subd. 6. [PENALTY.] A person who violates this section is 53.26 guilty of a misdemeanor. 53.27 Sec. 7. Laws 1997, chapter 239, article 4, section 15, is 53.28 amended to read: 53.29 Sec. 15. [EFFECTIVE DATE.] 53.30 The provision of section 4 relating to the listing of 53.31 Butorphanol in schedule IV is effective August 1, 1998, and 53.32 applies to acts committed on or after that date. The provision 53.33 of section 4 relating to the listing of Carisoprodol in schedule 53.34 IV is effective August 1, 1999, and applies to acts committed on 53.35 or after that date. Sections 1 to 3 and 5 to 13 are effective 53.36 August 1, 1997, and apply to acts committed on or after that 54.1 date. Section 14 is effective the day following final enactment. 54.2 Sec. 8. [EFFECTIVE DATE.] 54.3 Sections 1, 4, 6, and 7 are effective August 1, 1998, and 54.4 apply to offenses committed on or after that date. Sections 2, 54.5 3, and 5 are effective the day following final enactment and 54.6 apply to offenses committed on or after that date. 54.7 ARTICLE 5 54.8 DOMESTIC ABUSE 54.9 Section 1. Minnesota Statutes 1997 Supplement, section 54.10 518B.01, subdivision 14, is amended to read: 54.11 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 54.12 person who violates an order for protection issuedunder this54.13sectionby a judge or referee is subject to the penalties 54.14 provided in paragraphs (b) to (d). 54.15 (b) Except as otherwise provided in paragraphs (c) and (d), 54.16 whenever an order for protection is grantedpursuant to this54.17sectionby a judge or referee or a similar law of another state, 54.18 the District of Columbia, tribal lands, or United States 54.19 territories, and the respondent or person to be restrained knows 54.20 of the order, violation of the order for protection is a 54.21 misdemeanor. Upon a misdemeanor conviction under this 54.22 paragraph, the defendant must be sentenced to a minimum of three 54.23 days imprisonment and must be ordered to participate in 54.24 counseling or other appropriate programs selected by the court. 54.25 If the court stays imposition or execution of the jail sentence 54.26 and the defendant refuses or fails to comply with the court's 54.27 treatment order, the court must impose and execute the stayed 54.28 jail sentence. A violation of an order for protection shall 54.29 also constitute contempt of court and be subject to the 54.30 penalties provided in chapter 588. 54.31 (c) A person is guilty of a gross misdemeanor who knowingly 54.32 violates this subdivision during the time period between a 54.33 previous conviction under this subdivision; sections 609.221 to 54.34 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 54.35 subdivision 6; 609.749; or a similar law of another state, the 54.36 District of Columbia, tribal lands, or United States 55.1 territories; and the end of the five years following discharge 55.2 from sentence for that conviction. Upon a gross misdemeanor 55.3 conviction under this paragraph, the defendant must be sentenced 55.4 to a minimum of ten days imprisonment and must be ordered to 55.5 participate in counseling or other appropriate programs selected 55.6 by the court. Notwithstanding section 609.135, the court must 55.7 impose and execute the minimum sentence provided in this 55.8 paragraph for gross misdemeanor convictions. 55.9 (d) A person is guilty of a felony and may be sentenced to 55.10 imprisonment for not more than five years or to payment of a 55.11 fine of not more than $10,000, or both, if the person knowingly 55.12 violates this subdivision: 55.13 (1) during the time period between the first of two or more 55.14 previous convictions under this section or sections 609.221 to 55.15 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 55.16 subdivision 6; 609.749; or a similar law of another state, the 55.17 District of Columbia, tribal lands, or United States 55.18 territories; and the end of the five years following discharge 55.19 from sentence for that conviction; or 55.20 (2) while possessing a dangerous weapon, as defined in 55.21 section 609.02, subdivision 6. 55.22 Upon a felony conviction under this paragraph in which the court 55.23 stays imposition or execution of sentence, the court shall 55.24 impose at least a 30-day period of incarceration as a condition 55.25 of probation. The court also shall order that the defendant 55.26 participate in counseling or other appropriate programs selected 55.27 by the court. Notwithstanding section 609.135, the court must 55.28 impose and execute the minimum sentence provided in this 55.29 paragraph for felony convictions. 55.30 (e) A peace officer shall arrest without a warrant and take 55.31 into custody a person whom the peace officer has probable cause 55.32 to believe has violated an order granted pursuant to this 55.33 section or a similar law of another state, the District of 55.34 Columbia, tribal lands, or United States territories restraining 55.35 the person or excluding the person from the residence or the 55.36 petitioner's place of employment, even if the violation of the 56.1 order did not take place in the presence of the peace officer, 56.2 if the existence of the order can be verified by the officer. 56.3 The person shall be held in custody for at least 36 hours, 56.4 excluding the day of arrest, Sundays, and holidays, unless the 56.5 person is released earlier by a judge or judicial officer. A 56.6 peace officer acting in good faith and exercising due care in 56.7 making an arrest pursuant to this paragraph is immune from civil 56.8 liability that might result from the officer's actions. 56.9 (f) If the court finds that the respondent has violated an 56.10 order for protection and that there is reason to believe that 56.11 the respondent will commit a further violation of the provisions 56.12 of the order restraining the respondent from committing acts of 56.13 domestic abuse or excluding the respondent from the petitioner's 56.14 residence, the court may require the respondent to acknowledge 56.15 an obligation to comply with the order on the record. The court 56.16 may require a bond sufficient to deter the respondent from 56.17 committing further violations of the order for protection, 56.18 considering the financial resources of the respondent, and not 56.19 to exceed $10,000. If the respondent refuses to comply with an 56.20 order to acknowledge the obligation or post a bond under this 56.21 paragraph, the court shall commit the respondent to the county 56.22 jail during the term of the order for protection or until the 56.23 respondent complies with the order under this paragraph. The 56.24 warrant must state the cause of commitment, with the sum and 56.25 time for which any bond is required. If an order is issued 56.26 under this paragraph, the court may order the costs of the 56.27 contempt action, or any part of them, to be paid by the 56.28 respondent. An order under this paragraph is appealable. 56.29 (g) Upon the filing of an affidavit by the petitioner, any 56.30 peace officer, or an interested party designated by the court, 56.31 alleging that the respondent has violated any order for 56.32 protection granted pursuant to this section or a similar law of 56.33 another state, the District of Columbia, tribal lands, or United 56.34 States territories, the court may issue an order to the 56.35 respondent, requiring the respondent to appear and show cause 56.36 within 14 days why the respondent should not be found in 57.1 contempt of court and punished therefor. The hearing may be 57.2 held by the court in any county in which the petitioner or 57.3 respondent temporarily or permanently resides at the time of the 57.4 alleged violation, or in the county in which the alleged 57.5 violation occurred, if the petitioner and respondent do not 57.6 reside in this state. The court also shall refer the violation 57.7 of the order for protection to the appropriate prosecuting 57.8 authority for possible prosecution under paragraph (b), (c), or 57.9 (d). 57.10 (h) If it is alleged that the respondent has violated an 57.11 order for protection issued under subdivision 6 or a similar law 57.12 of another state, the District of Columbia, tribal lands, or 57.13 United States territories, and the court finds that the order 57.14 has expired between the time of the alleged violation and the 57.15 court's hearing on the violation, the court may grant a new 57.16 order for protection under subdivision 6 based solely on the 57.17 respondent's alleged violation of the prior order, to be 57.18 effective until the hearing on the alleged violation of the 57.19 prior order. If the court finds that the respondent has 57.20 violated the prior order, the relief granted in the new order 57.21 for protection shall be extended for a fixed period, not to 57.22 exceed one year, except when the court determines a longer fixed 57.23 period is appropriate. 57.24 (i) The admittance into petitioner's dwelling of an abusing 57.25 party excluded from the dwelling under an order for protection 57.26 is not a violation by the petitioner of the order for protection. 57.27 A peace officer is not liable under section 609.43, clause 57.28 (1), for a failure to perform a duty required by paragraph (e). 57.29 (j) When a person is convicted under paragraph (b) or (c) 57.30 of violating an order for protection and the court determines 57.31 that the person used a firearm in any way during commission of 57.32 the violation, the court may order that the person is prohibited 57.33 from possessing any type of firearm for any period longer than 57.34 three years or for the remainder of the person's life. A person 57.35 who violates this paragraph is guilty of a gross misdemeanor. 57.36 At the time of the conviction, the court shall inform the 58.1 defendant whether and for how long the defendant is prohibited 58.2 from possessing a firearm and that it is a gross misdemeanor to 58.3 violate this paragraph. The failure of the court to provide 58.4 this information to a defendant does not affect the 58.5 applicability of the firearm possession prohibition or the gross 58.6 misdemeanor penalty to that defendant. 58.7 (k) Except as otherwise provided in paragraph (j), when a 58.8 person is convicted under paragraph (b) or (c) of violating an 58.9 order for protection, the court shall inform the defendant that 58.10 the defendant is prohibited from possessing a pistol for three 58.11 years from the date of conviction and that it is a gross 58.12 misdemeanor offense to violate this prohibition. The failure of 58.13 the court to provide this information to a defendant does not 58.14 affect the applicability of the pistol possession prohibition or 58.15 the gross misdemeanor penalty to that defendant. 58.16 (l) Except as otherwise provided in paragraph (j), a person 58.17 is not entitled to possess a pistol if the person has been 58.18 convicted under paragraph (b) or (c) after August 1, 1996, of 58.19 violating an order for protection, unless three years have 58.20 elapsed from the date of conviction and, during that time, the 58.21 person has not been convicted of any other violation of this 58.22 section. Property rights may not be abated but access may be 58.23 restricted by the courts. A person who possesses a pistol in 58.24 violation of this paragraph is guilty of a gross misdemeanor. 58.25 (m) If the court determines that a person convicted under 58.26 paragraph (b) or (c) of violating an order for protection owns 58.27 or possesses a firearm and used it in any way during the 58.28 commission of the violation, it shall order that the firearm be 58.29 summarily forfeited under section 609.5316, subdivision 3. 58.30 Sec. 2. Minnesota Statutes 1997 Supplement, section 58.31 609.2244, subdivision 1, is amended to read: 58.32 Subdivision 1. [INVESTIGATION.] A presentence domestic 58.33 abuse investigation must be conducted and a report submitted to 58.34 the court by the corrections agency responsible for conducting 58.35 the investigation when: 58.36 (1) a defendant is convicted of an offense described in 59.1 section 518B.01, subdivision 2;or59.2 (2) a defendant is arrested for committing an offense 59.3 described in section 518B.01, subdivision 2, but is convicted of 59.4 another offense arising out of the same circumstances 59.5 surrounding the arrest; or 59.6 (3) a defendant is convicted of a violation against a 59.7 family or household member of: (a) an order for protection 59.8 under section 518B.01; (b) a harassment restraining order under 59.9 section 609.748; (c) section 609.79, subdivision 1; or (d) 59.10 section 609.713, subdivision 1. 59.11 Sec. 3. Minnesota Statutes 1996, section 609.748, 59.12 subdivision 3, is amended to read: 59.13 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 59.14 petition for relief must allege facts sufficient to show the 59.15 following: 59.16 (1) the name of the alleged harassment victim; 59.17 (2) the name of the respondent; and 59.18 (3) that the respondent has engaged in harassment. 59.19 The petition shall be accompanied by an affidavit made under 59.20 oath stating the specific facts and circumstances from which 59.21 relief is sought. The court shall provide simplified forms and 59.22 clerical assistance to help with the writing and filing of a 59.23 petition under this section and shall advise the petitioner of 59.24 the right to sue in forma pauperis under section 563.01. Upon 59.25 receipt of the petition, the court shall order a hearing, which 59.26 must be held not later than 14 days from the date of the order. 59.27 Personal service must be made upon the respondent not less than 59.28 five days before the hearing. If personal service cannot be 59.29 completed in time to give the respondent the minimum notice 59.30 required under this paragraph, the court may set a new hearing 59.31 date. 59.32 (b) Notwithstanding paragraph (a), the order for a hearing 59.33 and a temporary order issued under subdivision 4 may be served 59.34 on the respondent by means of a one-week published notice under 59.35 section 645.11, if: 59.36 (1) the petitioner files an affidavit with the court 60.1 stating that an attempt at personal service made by a sheriff 60.2 was unsuccessful because the respondent is avoiding service by 60.3 concealment or otherwise; and 60.4 (2) a copy of the petition and order for hearing and any 60.5 temporary restraining order has been mailed to the respondent at 60.6 the respondent's residence or place of business, if the 60.7 respondent is an organization, or the respondent's residence or 60.8 place of business is not known to the petitioner. 60.9 (c) Regardless of the method of service, if the respondent 60.10 is a juvenile, whenever possible, the court also shall have 60.11 notice of the pendency of the case and of the time and place of 60.12 the hearing served by mail at the last known address upon any 60.13 parent or guardian of the juvenile respondent who is not the 60.14 petitioner. 60.15 Sec. 4. Minnesota Statutes 1996, section 609.748, 60.16 subdivision 4, is amended to read: 60.17 Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may 60.18 issue a temporary restraining order ordering the respondent to 60.19 cease or avoid the harassment of another person or to have no 60.20 contact with that person if the petitioner files a petition in 60.21 compliance with subdivision 3 and if the court finds reasonable 60.22 grounds to believe that the respondent has engaged in harassment. 60.23 (b) Notice need not be given to the respondent before the 60.24 court issues a temporary restraining order under this 60.25 subdivision. A copy of the restraining order must be served on 60.26 the respondent along with the order for hearing and petition, as 60.27 provided in subdivision 3. If the respondent is a juvenile, 60.28 whenever possible, a copy of the restraining order, along with 60.29 notice of the pendency of the case and the time and place of the 60.30 hearing, shall also be served by mail at the last known address 60.31 upon any parent or guardian of the juvenile respondent who is 60.32 not the petitioner. A temporary restraining order may be 60.33 entered only against the respondent named in the petition. 60.34 (c) The temporary restraining order is in effect until a 60.35 hearing is held on the issuance of a restraining order under 60.36 subdivision 5. The court shall hold the hearing on the issuance 61.1 of a restraining order within 14 days after the temporary 61.2 restraining order is issued unless (1) the time period is 61.3 extended upon written consent of the parties; or (2) the time 61.4 period is extended by the court for one additional 14-day period 61.5 upon a showing that the respondent has not been served with a 61.6 copy of the temporary restraining order despite the exercise of 61.7 due diligence or if service is made by published notice under 61.8 subdivision 3 and the petitioner files the affidavit required 61.9 under that subdivision. 61.10 Sec. 5. Minnesota Statutes 1996, section 634.20, is 61.11 amended to read: 61.12 634.20 [EVIDENCE OF PRIOR CONDUCT.] 61.13 Evidence of similar prior conduct by the accused against 61.14 the victim of domestic abuse, as defined under section 518B.01, 61.15 subdivision 2, including evidence of a violation against a 61.16 family or household member of: 61.17 (1) an order for protection under section 518B.01; 61.18 (2) section 609.713, subdivision 1; 61.19 (3) a harassment restraining order under section 609.748; 61.20 or 61.21 (4) section 609.79, subdivision 1; 61.22 is admissible unless the probative value is substantially 61.23 outweighed by the danger of unfair prejudice, confusion of the 61.24 issue, or misleading the jury, or by considerations of undue 61.25 delay, waste of time, or needless presentation of cumulative 61.26 evidence. 61.27 Sec. 6. Laws 1997, chapter 239, article 10, section 19, is 61.28 amended to read: 61.29 Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 61.30 RESPONDENT; PENALTIES.] 61.31 Subdivision 1. [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 61.32 petitioner, a peace officer, or an interested party designated 61.33 by the court may file an affidavit with the court alleging that 61.34 a minor respondent has violated an order for protection/minor 61.35 respondent under sections 2 to 26. The court may order the 61.36 minor respondent to appear and show cause within 14 days why the 62.1 minor respondent should not be found in contempt of court and 62.2 punished for the contempt. The court may also order the minor 62.3 to participate in counseling or other appropriate programs 62.4 selected by the court. The hearing may be held by the court in 62.5 any county in which the petitioner or minor respondent 62.6 temporarily or permanently resides at the time of the alleged 62.7 violation.or in the county in which the alleged violation 62.8 occurred, if the petitioner and respondent do not reside in this 62.9 state. The court also shall refer the violation of the order 62.10 for protection/minor respondent to the county attorney for 62.11 possible prosecution under subdivision 1a, paragraph (b), (c), 62.12 or (d), or if the respondent is an adult at the time of the 62.13 alleged violation, to the appropriate prosecuting authority for 62.14 possible prosecution under Minnesota Statutes, chapter 518B. 62.15 Subd. 1a. [PENALTIES.] (a) A person who violates an order 62.16 for protection/minor respondent issued under this section is 62.17 subject to the penalties provided in paragraphs (b) to (d), 62.18 except that if the respondent or person to be restrained is over 62.19 the age of 18 at the time of the violation, Minnesota Statutes, 62.20 section 518B.01, subdivision 14, shall apply. If the respondent 62.21 is still a minor at the time of the violation, the laws relating 62.22 to delinquency prosecution and disposition in juvenile court 62.23 shall apply, consistent with this section and notwithstanding 62.24 the provisions of Minnesota Statutes, section 260.015, 62.25 subdivision 21. 62.26 (b) Except as otherwise provided in paragraphs (c) and (d), 62.27 whenever an order for protection/minor respondent is granted 62.28 under this section or a similar law of another state, and the 62.29 respondent or person to be restrained knows of the order, 62.30 violation of the order for protection/minor respondent is a 62.31 misdemeanor. Upon a misdemeanor adjudication of delinquency, 62.32 the respondent must be ordered to participate in counseling or 62.33 other appropriate programs selected by the court. A violation 62.34 of an order for protection/minor respondent shall also 62.35 constitute contempt of court and be subject to the penalties 62.36 provided in Minnesota Statutes, chapter 588. 63.1 (c) A person is guilty of a gross misdemeanor who knowingly 63.2 violates this subdivision during the time period between a 63.3 previous adjudication of delinquency under this subdivision; 63.4 Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 63.5 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 63.6 a similar law of another state; and the end of the five years 63.7 following discharge from sentence for that adjudication of 63.8 delinquency. Upon a gross misdemeanor adjudication of 63.9 delinquency under this paragraph, the respondent must be ordered 63.10 to participate in counseling or other appropriate programs 63.11 selected by the court. 63.12 (d) A person is guilty of a felony if the person knowingly 63.13 violates this subdivision: 63.14 (1) during the time period between the first of two or more 63.15 previous adjudications of delinquency under this section or 63.16 Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 63.17 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 63.18 a similar law of another state; and the end of the five years 63.19 following discharge from sentence for that adjudication of 63.20 delinquency; or 63.21 (2) while possessing a dangerous weapon, as defined in 63.22 Minnesota Statutes, section 609.02, subdivision 6. 63.23 Upon a felony adjudication of delinquency under this paragraph, 63.24 the court shall order, at a minimum, that the respondent 63.25 participate in counseling or other appropriate programs selected 63.26 by the court. 63.27 (e) A peace officer shall arrest without a warrant and take 63.28 into custody a person whom the peace officer has probable cause 63.29 to believe has violated an order granted under this section, 63.30 Minnesota Statutes, chapter 518B, or a similar law of another 63.31 state restraining the person or excluding the person from the 63.32 residence or the petitioner's place of employment, even if the 63.33 violation of the order did not take place in the presence of the 63.34 peace officer, if the existence of the order can be verified by 63.35 the officer. The person shall be held in custody for at least 63.36 36 hours, excluding the day of arrest, Sundays, and holidays, 64.1 unless the person is released earlier by a judge or judicial 64.2 officer. A peace officer acting in good faith and exercising 64.3 due care in making an arrest pursuant to this paragraph is 64.4 immune from civil liability that might result from the officer's 64.5 actions. A peace officer is not liable under Minnesota 64.6 Statutes, section 609.43, clause (1), for a failure to perform a 64.7 duty required by this paragraph. 64.8 (f) If the court finds that the respondent has violated an 64.9 order for protection/minor respondent and that there is reason 64.10 to believe that the respondent will commit a further violation 64.11 of the provisions of the order restraining the respondent from 64.12 committing acts of domestic abuse or excluding the respondent 64.13 from the petitioner's residence, the court may require the 64.14 respondent to acknowledge an obligation to comply with the order 64.15 on the record. 64.16 Subd. 2. [EXTENSION OF PROTECTION ORDER.] If it is alleged 64.17 that a minor respondent has violated an order for 64.18 protection/minor respondent issued under sections 2 to 26 and 64.19 the court finds that the order has expired between the time of 64.20 the alleged violation and the court's hearing on the violation, 64.21 the court may grant a new order for protection/minor respondent 64.22 based solely on the minor respondent's alleged violation of the 64.23 prior order, to be effective until the hearing on the alleged 64.24 violation of the prior order. The relief granted in the new 64.25 order for protection/minor respondent must be extended for a 64.26 fixed period, not to exceed one year, except when the court 64.27 determines a longer fixed period is appropriate. 64.28 Subd. 3. [ADMITTANCE INTO DWELLING.] Admittance into the 64.29 petitioner's dwelling of an abusing party excluded from the 64.30 dwelling under an order for protection/minor respondent is not a 64.31 violation by the petitioner of the order. 64.32 Subd. 4. [POSSESSION OF FIREARM.] (a) When a person is 64.33 adjudicated delinquent under subdivision 1a, paragraph (b), (c), 64.34 or (d), of violating an order for protection/minor respondent 64.35 and the court determines that the person used a firearm in any 64.36 way during commission of the violation, the court may order that 65.1 the person is prohibited from possessing any type of firearm for 65.2 any period longer than three years or for the remainder of the 65.3 person's life. A person who violates this paragraph is guilty 65.4 of a gross misdemeanor. At the time of the adjudication of 65.5 delinquency, the court shall inform the respondent whether and 65.6 for how long the respondent is prohibited from possessing a 65.7 firearm and that it is a gross misdemeanor to violate this 65.8 paragraph. The failure of the court to provide this information 65.9 to a respondent does not affect the applicability of the firearm 65.10 possession prohibition or the gross misdemeanor penalty to that 65.11 respondent. 65.12 (b) Except as otherwise provided in paragraph (a), when a 65.13 person is adjudicated delinquent under subdivision 1a, paragraph 65.14 (b), (c), or (d), of violating an order for protection/minor 65.15 respondent, the court shall inform the respondent that the 65.16 respondent is prohibited from possessing a pistol for three 65.17 years from the date of adjudication of delinquency and that it 65.18 is a gross misdemeanor offense to violate this prohibition. The 65.19 failure of the court to provide this information to a respondent 65.20 does not affect the applicability of the pistol possession 65.21 prohibition or the gross misdemeanor penalty to that respondent. 65.22 (c) Except as otherwise provided in paragraph (a), a person 65.23 is not entitled to possess a pistol if the person has been 65.24 adjudicated delinquent under subdivision 1a, paragraph (b), (c), 65.25 or (d), of violating an order for protection/minor respondent, 65.26 unless three years have elapsed from the date of adjudication of 65.27 delinquency and, during that time, the person has not been 65.28 adjudicated delinquent or convicted of any other violation of 65.29 this section or Minnesota Statutes, chapter 518B. Property 65.30 rights may not be abated but access may be restricted by the 65.31 courts. A person who possesses a pistol in violation of this 65.32 paragraph is guilty of a gross misdemeanor. 65.33 (d) If the court determines that a person adjudicated 65.34 delinquent under subdivision 1a, paragraph (b), (c), or (d), of 65.35 violating an order for protection/minor respondent owns or 65.36 possesses a firearm and used it in any way during the commission 66.1 of the violation, it shall order that the firearm be summarily 66.2 forfeited under Minnesota Statutes, section 609.5316, 66.3 subdivision 3. 66.4 Sec. 7. Laws 1997, chapter 239, article 10, section 1, is 66.5 amended to read: 66.6 Section 1. [PILOT PROGRAM.] 66.7 Actions under sections 2 to 26 are limited to a pilot 66.8 program in the 4th judicial district for the period June 1, 66.9 1998, through July 31,19992000. At the conclusion of the 66.10 pilot period, the 4th judicial district shall report to the 66.11 legislature on the number of petitions filed under sections 2 to 66.12 26, the relationship of the parties, and the disposition of each 66.13 petition. 66.14 Sec. 8. [EFFECTIVE DATE.] 66.15 Sections 1 and 2 are effective August 1, 1998, and apply to 66.16 crimes committed on or after that date. Sections 3, 4, 6, and 7 66.17 are effective June 1, 1998, and apply to offenses committed on 66.18 or after that date. 66.19 ARTICLE 6 66.20 SENTENCING PROVISIONS 66.21 Section 1. Minnesota Statutes 1996, section 244.05, 66.22 subdivision 4, is amended to read: 66.23 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 66.24 serving a mandatory life sentence under section 609.184 must not 66.25 be given supervised release under this section. An inmate 66.26 serving a mandatory life sentence under section 609.185, clause 66.27 (1), (3), (5), or (6); 609.1095, subdivision 4; or 609.346, 66.28 subdivision 2a, must not be given supervised release under this 66.29 section without having served a minimum term of 30 years. An 66.30 inmate serving a mandatory life sentence under section 609.385 66.31 must not be given supervised release under this section without 66.32 having served a minimum term of imprisonment of 17 years. 66.33 Sec. 2. Minnesota Statutes 1996, section 244.05, 66.34 subdivision 5, is amended to read: 66.35 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 66.36 commissioner of corrections may, under rules promulgated by the 67.1 commissioner, give supervised release to an inmate serving a 67.2 mandatory life sentence under section 609.185, clause (1), (3), 67.3 (5), or (6); 609.1095, subdivision 4; 609.346, subdivision 2a; 67.4 or 609.385 after the inmate has served the minimum term of 67.5 imprisonment specified in subdivision 4. 67.6 (b) The commissioner shall require the preparation of a 67.7 community investigation report and shall consider the findings 67.8 of the report when making a supervised release decision under 67.9 this subdivision. The report shall reflect the sentiment of the 67.10 various elements of the community toward the inmate, both at the 67.11 time of the offense and at the present time. The report shall 67.12 include the views of the sentencing judge, the prosecutor, any 67.13 law enforcement personnel who may have been involved in the 67.14 case, and any successors to these individuals who may have 67.15 information relevant to the supervised release decision. The 67.16 report shall also include the views of the victim and the 67.17 victim's family unless the victim or the victim's family chooses 67.18 not to participate. 67.19 (c) The commissioner shall make reasonable efforts to 67.20 notify the victim, in advance, of the time and place of the 67.21 inmate's supervised release review hearing. The victim has a 67.22 right to submit an oral or written statement at the review 67.23 hearing. The statement may summarize the harm suffered by the 67.24 victim as a result of the crime and give the victim's 67.25 recommendation on whether the inmate should be given supervised 67.26 release at this time. The commissioner must consider the 67.27 victim's statement when making the supervised release decision. 67.28 (d) As used in this subdivision, "victim" means the 67.29 individual who suffered harm as a result of the inmate's crime 67.30 or, if the individual is deceased, the deceased's surviving 67.31 spouse or next of kin. 67.32 Sec. 3. Minnesota Statutes 1996, section 609.01, 67.33 subdivision 1, is amended to read: 67.34 Subdivision 1. [PURPOSES.] This chapter may be cited as 67.35 the criminal code of 1963. Its provisions shall be construed 67.36 according to the fair import of its terms, to promote justice, 68.1 and to effect its purposes which are declared to be: 68.2 (1) to protect the public safety and welfare by preventing 68.3 the commission of crime through the deterring effect of the 68.4 sentences authorized, the rehabilitation of those convicted, and 68.5 their confinement when the public safety and interest requires; 68.6and68.7 (2) to protect the individual against the misuse of the 68.8 criminal law by fairly defining the acts and omissions 68.9 prohibited, authorizing sentences reasonably related to the 68.10 conduct and character of the convicted person, and prescribing 68.11 fair and reasonable postconviction procedures; and 68.12 (3) to authorize concurrent sentences of incarceration in a 68.13 correctional facility for offenses involving separate victims or 68.14 behavioral incidents only when the sentencing court finds good 68.15 cause, based on substantial and compelling reasons, for 68.16 concurrent sentencing. 68.17 Sec. 4. Minnesota Statutes 1996, section 609.095, is 68.18 amended to read: 68.19 609.095 [LIMITS OF SENTENCES.] 68.20 (a) The legislature has the exclusive authority to define 68.21 crimes and offenses and the range of the sentences or 68.22 punishments for their violation. No other or different sentence 68.23 or punishment shall be imposed for the commission of a crime 68.24 than is authorized by this chapter or other applicable law. 68.25 (b) Except as provided in section 152.18 or upon agreement 68.26 of the parties, a court may not refuse to adjudicate the guilt 68.27 of a defendant who tenders a guilty plea in accordance with 68.28 Minnesota Rules of Criminal Procedure, rule 15, or who has been 68.29 found guilty by a court or jury following a trial. 68.30 (c) Paragraph (b) does not supersede Minnesota Rules of 68.31 Criminal Procedure, rule 26.04. 68.32 Sec. 5. [LEGISLATIVE PURPOSE.] 68.33 Sections 6 to 9 recodify and clarify current laws relating 68.34 to increased sentences for certain dangerous or repeat offenders 68.35 in order to group them together near the beginning of the 68.36 criminal code. This recodification aims to unify these various 69.1 increased sentence provisions to facilitate their use and is not 69.2 intended to result in any substantive change in the recodified 69.3 sections. 69.4 Sec. 6. [609.106] [HEINOUS CRIMES.] 69.5 Subdivision 1. [TERMS.] (a) A "heinous crime" is: 69.6 (1) a violation or attempted violation of section 609.185 69.7 or 609.19; 69.8 (2) a violation of section 609.195 or 609.221; or 69.9 (3) a violation of section 609.342, 609.343, or 609.344, if 69.10 the offense was committed with force or violence. 69.11 (b) "Previous conviction" means a conviction in Minnesota 69.12 for a heinous crime or a conviction elsewhere for conduct that 69.13 would have been a heinous crime under this chapter if committed 69.14 in Minnesota. The term includes any conviction that occurred 69.15 before the commission of the present offense of conviction, but 69.16 does not include a conviction if 15 years have elapsed since the 69.17 person was discharged from the sentence imposed for the offense. 69.18 Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence 69.19 a person to life imprisonment without possibility of release 69.20 under the following circumstances: 69.21 (1) the person is convicted of first degree murder under 69.22 section 609.185, clause (2) or (4); or 69.23 (2) the person is convicted of first degree murder under 69.24 section 609.185, clause (1), (3), (5), or (6), and the court 69.25 determines on the record at the time of sentencing that the 69.26 person has one or more previous convictions for a heinous crime. 69.27 Sec. 7. [609.107] [MANDATORY PENALTY FOR CERTAIN 69.28 MURDERERS.] 69.29 When a person is convicted of violating section 609.19 or 69.30 609.195, the court shall sentence the person to the statutory 69.31 maximum sentence for the offense if the person was previously 69.32 convicted of a heinous crime as defined in section 609.106 and 69.33 15 years have not elapsed since the person was discharged from 69.34 the sentence imposed for that conviction. The court may not 69.35 stay the imposition or execution of the sentence, 69.36 notwithstanding section 609.135. 70.1 Sec. 8. [609.108] [MANDATORY INCREASED SENTENCES FOR 70.2 CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR 70.3 CONVICTION REQUIRED.] 70.4 Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court 70.5 shall commit a person to the commissioner of corrections for a 70.6 period of time that is not less than double the presumptive 70.7 sentence under the sentencing guidelines and not more than the 70.8 statutory maximum, or if the statutory maximum is less than 70.9 double the presumptive sentence, for a period of time that is 70.10 equal to the statutory maximum, if: 70.11 (1) the court is imposing an executed sentence, based on a 70.12 sentencing guidelines presumptive imprisonment sentence or a 70.13 dispositional departure for aggravating circumstances or a 70.14 mandatory minimum sentence, on a person convicted of committing 70.15 or attempting to commit a violation of section 609.342, 609.343, 70.16 609.344, or 609.345, or on a person convicted of committing or 70.17 attempting to commit any other crime listed in subdivision 2 if 70.18 it reasonably appears to the court that the crime was motivated 70.19 by the offender's sexual impulses or was part of a predatory 70.20 pattern of behavior that had criminal sexual conduct as its 70.21 goal; 70.22 (2) the court finds that the offender is a danger to public 70.23 safety; and 70.24 (3) the court finds that the offender needs long-term 70.25 treatment or supervision beyond the presumptive term of 70.26 imprisonment and supervised release. The finding must be based 70.27 on a professional assessment by an examiner experienced in 70.28 evaluating sex offenders that concludes that the offender is a 70.29 patterned sex offender. The assessment must contain the facts 70.30 upon which the conclusion is based, with reference to the 70.31 offense history of the offender or the severity of the current 70.32 offense, the social history of the offender, and the results of 70.33 an examination of the offender's mental status unless the 70.34 offender refuses to be examined. The conclusion may not be 70.35 based on testing alone. A patterned sex offender is one whose 70.36 criminal sexual behavior is so engrained that the risk of 71.1 reoffending is great without intensive psychotherapeutic 71.2 intervention or other long-term controls. 71.3 (b) The court shall consider imposing a sentence under this 71.4 section whenever a person is convicted of violating section 71.5 609.342 or 609.343. 71.6 Subd. 2. [INCREASED STATUTORY MAXIMUM.] If the factfinder 71.7 determines, at the time of the trial or the guilty plea, that a 71.8 predatory offense was motivated by, committed in the course of, 71.9 or committed in furtherance of sexual contact or penetration, as 71.10 defined in section 609.341, and the court is imposing a sentence 71.11 under subdivision 1, the statutory maximum imprisonment penalty 71.12 for the offense is 40 years, notwithstanding the statutory 71.13 maximum imprisonment penalty otherwise provided for the offense. 71.14 Subd. 3. [PREDATORY CRIME.] A predatory crime is a felony 71.15 violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 71.16 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 71.17 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 71.18 or 609.582, subdivision 1. 71.19 Subd. 4. [DANGER TO PUBLIC SAFETY.] The court shall base 71.20 its finding that the offender is a danger to public safety on 71.21 any of the following factors: 71.22 (1) the crime involved an aggravating factor that would 71.23 justify a durational departure from the presumptive sentence 71.24 under the sentencing guidelines; 71.25 (2) the offender previously committed or attempted to 71.26 commit a predatory crime or a violation of section 609.224 or 71.27 609.2242, including: 71.28 (i) an offense committed as a juvenile that would have been 71.29 a predatory crime or a violation of section 609.224 or 609.2242 71.30 if committed by an adult; or 71.31 (ii) a violation or attempted violation of a similar law of 71.32 any other state or the United States; or 71.33 (3) the offender planned or prepared for the crime prior to 71.34 its commission. 71.35 Subd. 5. [DEPARTURE FROM GUIDELINES.] A sentence imposed 71.36 under subdivision 1 is a departure from the sentencing 72.1 guidelines. 72.2 Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing 72.3 under subdivision 1, the court shall provide that after the 72.4 offender has completed the sentence imposed, less any good time 72.5 earned by an offender whose crime was committed before August 1, 72.6 1993, the commissioner of corrections shall place the offender 72.7 on conditional release for the remainder of the statutory 72.8 maximum period, or for ten years, whichever is longer. 72.9 The conditions of release may include successful completion 72.10 of treatment and aftercare in a program approved by the 72.11 commissioner, satisfaction of the release conditions specified 72.12 in section 244.05, subdivision 6, and any other conditions the 72.13 commissioner considers appropriate. Before the offender is 72.14 released, the commissioner shall notify the sentencing court, 72.15 the prosecutor in the jurisdiction where the offender was 72.16 sentenced, and the victim of the offender's crime, where 72.17 available, of the terms of the offender's conditional release. 72.18 If the offender fails to meet any condition of release, the 72.19 commissioner may revoke the offender's conditional release and 72.20 order that the offender serve all or a part of the remaining 72.21 portion of the conditional release term in prison. The 72.22 commissioner shall not dismiss the offender from supervision 72.23 before the conditional release term expires. 72.24 Conditional release granted under this subdivision is 72.25 governed by provisions relating to supervised release, except as 72.26 otherwise provided in this subdivision, section 244.04, 72.27 subdivision 1, or 244.05. 72.28 Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner 72.29 shall pay the cost of treatment of a person released under 72.30 subdivision 5. This section does not require the commissioner 72.31 to accept or retain an offender in a treatment program. 72.32 Sec. 9. [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR 72.33 REPEAT SEX OFFENDERS.] 72.34 Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For 72.35 purposes of this section, "offense" means a completed offense or 72.36 an attempt to commit an offense. 73.1 Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as 73.2 provided in subdivision 3 or 4, if a person is convicted under 73.3 sections 609.342 to 609.345, within 15 years of a previous sex 73.4 offense conviction, the court shall commit the defendant to the 73.5 commissioner of corrections for not less than three years, nor 73.6 more than the maximum sentence provided by law for the offense 73.7 for which convicted, notwithstanding the provisions of sections 73.8 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay 73.9 the execution of the sentence imposed under this subdivision 73.10 only if it finds that a professional assessment indicates the 73.11 offender is accepted by and can respond to treatment at a 73.12 long-term inpatient program exclusively treating sex offenders 73.13 and approved by the commissioner of corrections. If the court 73.14 stays the execution of a sentence, it shall include the 73.15 following as conditions of probation: 73.16 (1) incarceration in a local jail or workhouse; and 73.17 (2) a requirement that the offender successfully complete 73.18 the treatment program and aftercare as directed by the court. 73.19 Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall 73.20 sentence a person to imprisonment for life, notwithstanding the 73.21 statutory maximum sentence under section 609.342, if: 73.22 (1) the person has been indicted by a grand jury under this 73.23 subdivision; 73.24 (2) the person is convicted under section 609.342; and 73.25 (3) the court determines on the record at the time of 73.26 sentencing that any of the following circumstances exists: 73.27 (i) the person has previously been sentenced under section 73.28 609.1095; 73.29 (ii) the person has one previous sex offense conviction for 73.30 a violation of section 609.342, 609.343, or 609.344 that 73.31 occurred before August 1, 1989, for which the person was 73.32 sentenced to prison in an upward durational departure from the 73.33 sentencing guidelines that resulted in a sentence at least twice 73.34 as long as the presumptive sentence; or 73.35 (iii) the person has two previous sex offense convictions 73.36 under section 609.342, 609.343, or 609.344. 74.1 (b) Notwithstanding subdivision 2 and section 609.342, 74.2 subdivision 3, the court may not stay imposition of the sentence 74.3 required by this subdivision. 74.4 Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 74.5 commit a person to the commissioner of corrections for not less 74.6 than 30 years, notwithstanding the statutory maximum sentence 74.7 under section 609.343, if: 74.8 (1) the person is convicted under section 609.342, 74.9 subdivision 1, clause (c), (d), (e), or (f); or 609.343, 74.10 subdivision 1, clause (c), (d), (e), or (f); and 74.11 (2) the court determines on the record at the time of 74.12 sentencing that: 74.13 (i) the crime involved an aggravating factor that would 74.14 provide grounds for an upward departure under the sentencing 74.15 guidelines other than the aggravating factor applicable to 74.16 repeat criminal sexual conduct convictions; and 74.17 (ii) the person has a previous sex offense conviction under 74.18 section 609.342, 609.343, or 609.344. 74.19 (b) Notwithstanding subdivision 2 and sections 609.342, 74.20 subdivision 3; and 609.343, subdivision 3, the court may not 74.21 stay imposition or execution of the sentence required by this 74.22 subdivision. 74.23 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 74.24 purposes of this section, a conviction is considered a previous 74.25 sex offense conviction if the person was convicted of a sex 74.26 offense before the commission of the present offense of 74.27 conviction. A person has two previous sex offense convictions 74.28 only if the person was convicted and sentenced for a sex offense 74.29 committed after the person was earlier convicted and sentenced 74.30 for a sex offense, both convictions preceded the commission of 74.31 the present offense of conviction, and 15 years have not elapsed 74.32 since the person was discharged from the sentence imposed for 74.33 the second conviction. A "sex offense" is a violation of 74.34 sections 609.342 to 609.345 or any similar statute of the United 74.35 States, this state, or any other state. 74.36 Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 75.1 shall sentence a person to at least twice the presumptive 75.2 sentence recommended by the sentencing guidelines if: 75.3 (1) the person is convicted under section 609.342, 75.4 subdivision 1, clause (c), (d), (e), or (f); 609.343, 75.5 subdivision 1, clause (c), (d), (e), or (f); or 609.344, 75.6 subdivision 1, clause (c) or (d); and 75.7 (2) the court determines on the record at the time of 75.8 sentencing that the crime involved an aggravating factor that 75.9 would provide grounds for an upward departure under the 75.10 sentencing guidelines. 75.11 Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 75.12 Notwithstanding the statutory maximum sentence otherwise 75.13 applicable to the offense or any provision of the sentencing 75.14 guidelines, when a court sentences a person to prison for a 75.15 violation of section 609.342, 609.343, 609.344, or 609.345, the 75.16 court shall provide that after the person has completed the 75.17 sentence imposed, the commissioner of corrections shall place 75.18 the person on conditional release. If the person was convicted 75.19 for a violation of section 609.342, 609.343, 609.344, or 75.20 609.345, the person shall be placed on conditional release for 75.21 five years, minus the time the person served on supervised 75.22 release. If the person was convicted for a violation of one of 75.23 those sections a second or subsequent time, or sentenced under 75.24 subdivision 4 to a mandatory departure, the person shall be 75.25 placed on conditional release for ten years, minus the time the 75.26 person served on supervised release. 75.27 (b) The conditions of release may include successful 75.28 completion of treatment and aftercare in a program approved by 75.29 the commissioner, satisfaction of the release conditions 75.30 specified in section 244.05, subdivision 6, and any other 75.31 conditions the commissioner considers appropriate. If the 75.32 offender fails to meet any condition of release, the 75.33 commissioner may revoke the offender's conditional release and 75.34 order that the offender serve the remaining portion of the 75.35 conditional release term in prison. The commissioner shall not 75.36 dismiss the offender from supervision before the conditional 76.1 release term expires. 76.2 Conditional release under this subdivision is governed by 76.3 provisions relating to supervised release, except as otherwise 76.4 provided in this subdivision, section 244.04, subdivision 1, or 76.5 244.05. 76.6 (c) The commissioner shall pay the cost of treatment of a 76.7 person released under this subdivision. This section does not 76.8 require the commissioner to accept or retain an offender in a 76.9 treatment program. 76.10 Sec. 10. [609.1095] [INCREASED SENTENCES FOR CERTAIN 76.11 DANGEROUS AND REPEAT FELONY OFFENDERS.] 76.12 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 76.13 the following terms have the meanings given. 76.14 (b) "Conviction" means any of the following accepted and 76.15 recorded by the court: a plea of guilty, a verdict of guilty by 76.16 a jury, or a finding of guilty by the court. The term includes 76.17 a conviction by any court in Minnesota or another jurisdiction. 76.18 (c) "Prior conviction" means a conviction that occurred 76.19 before the offender committed the next felony resulting in a 76.20 conviction and before the offense for which the offender is 76.21 being sentenced under this section. 76.22 (d) "Violent crime" means a violation of or an attempt or 76.23 conspiracy to violate any of the following laws of this state or 76.24 any similar laws of the United States or any other state: 76.25 section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 76.26 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 76.27 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 76.28 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 76.29 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 76.30 subdivision 1; 609.66, subdivision 1e; 609.687; 609.855, 76.31 subdivision 5; any provision of sections 609.229; 609.377; 76.32 609.378; 609.749; and 624.713 that is punishable by a felony 76.33 penalty; or any provision of chapter 152 that is punishable by a 76.34 maximum sentence of 15 years or more. 76.35 Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 76.36 COMMITS A SECOND VIOLENT CRIME.] Whenever a person is convicted 77.1 of a violent crime that is a felony, and the judge is imposing 77.2 an executed sentence based on a sentencing guidelines 77.3 presumptive imprisonment sentence, the judge may impose an 77.4 aggravated durational departure from the presumptive 77.5 imprisonment sentence up to the statutory maximum sentence if 77.6 the offender was at least 18 years old at the time the felony 77.7 was committed, and: 77.8 (1) the court determines on the record at the time of 77.9 sentencing that the offender has one or more prior convictions 77.10 for violent crimes; and 77.11 (2) the court finds that the offender is a danger to public 77.12 safety and specifies on the record the basis for the finding, 77.13 which may include: 77.14 (i) the offender's past criminal behavior, such as the 77.15 offender's high frequency rate of criminal activity or juvenile 77.16 adjudications, or long involvement in criminal activity 77.17 including juvenile adjudications; or 77.18 (ii) the fact that the present offense of conviction 77.19 involved an aggravating factor that would justify a durational 77.20 departure under the sentencing guidelines. 77.21 Subd. 3. [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 77.22 COMMITS A SECOND VIOLENT FELONY.] (a) Unless a longer mandatory 77.23 minimum sentence is otherwise required by law or the court 77.24 imposes a longer aggravated durational departure under 77.25 subdivision 2, a person who is convicted of a violent crime that 77.26 is a felony must be committed to the commissioner of corrections 77.27 if: 77.28 (1) the court determines on the record at the time of 77.29 sentencing that the person has one or more prior felony 77.30 convictions for violent crimes; and 77.31 (2) the person's presumptive sentence under the sentencing 77.32 guidelines is commitment to the commissioner of corrections. 77.33 Any person convicted and sentenced as required by this 77.34 subdivision is not eligible for probation, parole, discharge, or 77.35 work release, until that person has served the full term of 77.36 imprisonment imposed by the court, notwithstanding sections 78.1 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. 78.2 (b) For purposes of this subdivision, "violent crime" does 78.3 not include a violation of section 152.023 or 152.024. 78.4 Subd. 4. [THIRD VIOLENT FELONY; LIFE SENTENCE.] (a) A 78.5 person who is convicted of a violent crime that is a felony must 78.6 be sentenced to imprisonment for life, notwithstanding the 78.7 statutory maximum sentence otherwise applicable to the offense, 78.8 if the court determines on the record at the time of sentencing 78.9 that the person has two or more prior felony convictions for 78.10 violent crimes. The court may waive the mandatory life 78.11 imprisonment penalty and sentence the person as provided in 78.12 subdivision 3 if the court finds, on the record, substantial and 78.13 compelling mitigating reasons for doing so. 78.14 (b) For purposes of this subdivision, "violent crime" does 78.15 not include a violation of section 152.023, 152.024, 609.223, 78.16 609.255, 609.562, or 609.687. 78.17 Subd. 5. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 78.18 THIRD FELONY.] Whenever a person is convicted of a felony, and 78.19 the judge is imposing an executed sentence based on a sentencing 78.20 guidelines presumptive imprisonment sentence, the judge may 78.21 impose an aggravated durational departure from the presumptive 78.22 sentence up to the statutory maximum sentence if the judge finds 78.23 and specifies on the record that the offender has two prior 78.24 felony convictions and that the present offense is a felony that 78.25 was committed as part of a pattern of criminal conduct. 78.26 Sec. 11. Minnesota Statutes 1996, section 609.135, is 78.27 amended by adding a subdivision to read: 78.28 Subd. 2a. [TOLLING OF STAY OF SENTENCE.] (a) When a court: 78.29 (1) sentences a defendant to serve an executed felony 78.30 sentence consecutively to a stayed felony sentence; or 78.31 (2) sentences a defendant to multiple, consecutive, stayed 78.32 felony sentences and subsequently revokes one of the stays of 78.33 sentence under section 609.14; 78.34 the running of the stay of sentence of the unexecuted sentence 78.35 shall be tolled while the defendant serves the executed 78.36 sentence. The running of the stay of sentence shall recommence 79.1 when the defendant is discharged from the executed sentence. 79.2 (b) The defendant is not entitled to credit against the 79.3 stayed sentence for time served in confinement during the 79.4 consecutive executed sentence. 79.5 Sec. 12. Minnesota Statutes 1996, section 609.135, 79.6 subdivision 7, is amended to read: 79.7 Subd. 7. [DEMAND OF EXECUTION OF SENTENCE.] An offender 79.8 may not demand execution of sentence in lieu of a stay of 79.9 imposition or execution of sentenceif the offender will serve79.10less than nine months at the state institution. This79.11subdivision does not apply to an offender who will be serving79.12the sentence consecutively or concurrently with a previously79.13imposed executed felony sentenceor in lieu of the tolling of a 79.14 stay of sentence under subdivision 2a. 79.15 Sec. 13. Minnesota Statutes 1996, section 609.145, is 79.16 amended by adding a subdivision to read: 79.17 Subd. 3. [CREDIT FOR CONCURRENT INCARCERATION.] (a) When a 79.18 court sentences an offender to incarceration in a state or local 79.19 correctional facility, the court shall: 79.20 (1) ensure that the record accurately reflects the amount 79.21 of time the offender spent in custody relating solely to the 79.22 offense or behavioral incident for which the sentence was 79.23 imposed; and 79.24 (2) deduct only the time described in clause (1) from the 79.25 term of incarceration imposed in the sentence. 79.26 (b) A court may not award credit against a sentence for any 79.27 period of incarceration or imprisonment served in connection 79.28 with any other behavioral incident or any incident involving a 79.29 separate victim unless the court states reasons in writing or on 79.30 the record that: 79.31 (1) specify the substantial and compelling circumstances 79.32 justifying the credit or concurrent sentence; and 79.33 (2) demonstrate why the credit or a concurrent sentence is 79.34 more appropriate or reasonable than a separate sentence. 79.35 Sec. 14. Minnesota Statutes 1997 Supplement, section 79.36 609.15, subdivision 1, is amended to read: 80.1 Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; 80.2 SPECIFICATION REQUIREMENT.] (a) Except as provided in 80.3 paragraph(c)(d), when separate sentences of incarceration in a 80.4 local correctional facility or imprisonment in a state 80.5 correctional facility are imposed on a defendant for two or more 80.6 crimes, whether charged in a single indictment orinformation80.7 complaint or separately, or when a person who is under sentence 80.8 of incarceration or imprisonment in this state is being 80.9 sentenced to incarceration or imprisonment for another crime 80.10 committed prior to or while subject to such former sentence, the 80.11 court in the later sentence or sentences shall specify whether 80.12 the sentences shall run concurrently or consecutively. The 80.13 court shall make this specification at the time of sentencing or 80.14 upon revocation of a stay of sentence. If the court does not so 80.15 specify, the sentences shall runconcurrentlyconsecutively. 80.16 (b) The court may impose separate sentences of imprisonment 80.17 on a defendant for two or more crimes and require the sentences 80.18 to run consecutively when the defendant commits one or more 80.19 additional crimes during the time between the defendant's being 80.20 charged with one crime and the time of sentencing on that 80.21 crime. If the court does not specify whether the sentences run 80.22 concurrently or consecutively, the sentences shall run 80.23 concurrently. 80.24 (c) When a court imposes sentence for a misdemeanor or 80.25 gross misdemeanor offense and specifies that the sentence shall 80.26 run consecutively to any other sentence, the court may order the 80.27 defendant to serve time in custody for the consecutive sentence 80.28 in addition to any time in custody the defendant may be serving 80.29 for any other offense, including probationary jail time or 80.30 imprisonment for any felony offense. 80.31(c)(d) An inmate of a state prison who is convicted of 80.32 committing an assault within the correctional facility is 80.33 subject to the consecutive sentencing provisions of section 80.34 609.2232. 80.35 Sec. 15. Minnesota Statutes 1996, section 609.347, 80.36 subdivision 1, is amended to read: 81.1 Subdivision 1. In a prosecution under sections 609.109 or 81.2 609.342 to609.346609.3451, the testimony of a victim need not 81.3 be corroborated. 81.4 Sec. 16. Minnesota Statutes 1996, section 609.347, 81.5 subdivision 2, is amended to read: 81.6 Subd. 2. In a prosecution under sections 609.109 or 81.7 609.342 to609.346609.3451, there is no need to show that the 81.8 victim resisted the accused. 81.9 Sec. 17. Minnesota Statutes 1996, section 609.347, 81.10 subdivision 3, is amended to read: 81.11 Subd. 3. In a prosecution under sections 609.109, 609.342 81.12 to609.346609.3451, or 609.365, evidence of the victim's 81.13 previous sexual conduct shall not be admitted nor shall any 81.14 reference to such conduct be made in the presence of the jury, 81.15 except by court order under the procedure provided in 81.16 subdivision 4. The evidence can be admitted only if the 81.17 probative value of the evidence is not substantially outweighed 81.18 by its inflammatory or prejudicial nature and only in the 81.19 circumstances set out in paragraphs (a) and (b). For the 81.20 evidence to be admissible under paragraph (a), subsection (i), 81.21 the judge must find by a preponderance of the evidence that the 81.22 facts set out in the accused's offer of proof are true. For the 81.23 evidence to be admissible under paragraph (a), subsection (ii) 81.24 or paragraph (b), the judge must find that the evidence is 81.25 sufficient to support a finding that the facts set out in the 81.26 accused's offer of proof are true, as provided under Rule 901 of 81.27 the Rules of Evidence. 81.28 (a) When consent of the victim is a defense in the case, 81.29 the following evidence is admissible: 81.30 (i) evidence of the victim's previous sexual conduct 81.31 tending to establish a common scheme or plan of similar sexual 81.32 conduct under circumstances similar to the case at issue. In 81.33 order to find a common scheme or plan, the judge must find that 81.34 the victim made prior allegations of sexual assault which were 81.35 fabricated; and 81.36 (ii) evidence of the victim's previous sexual conduct with 82.1 the accused. 82.2 (b) When the prosecution's case includes evidence of semen, 82.3 pregnancy, or disease at the time of the incident or, in the 82.4 case of pregnancy, between the time of the incident and trial, 82.5 evidence of specific instances of the victim's previous sexual 82.6 conduct is admissible solely to show the source of the semen, 82.7 pregnancy, or disease. 82.8 Sec. 18. Minnesota Statutes 1996, section 609.347, 82.9 subdivision 5, is amended to read: 82.10 Subd. 5. In a prosecution under sections 609.109 or 82.11 609.342 to609.346609.3451, the court shall not instruct the 82.12 jury to the effect that: 82.13 (a) It may be inferred that a victim who has previously 82.14 consented to sexual intercourse with persons other than the 82.15 accused would be therefore more likely to consent to sexual 82.16 intercourse again; or 82.17 (b) The victim's previous or subsequent sexual conduct in 82.18 and of itself may be considered in determining the credibility 82.19 of the victim; or 82.20 (c) Criminal sexual conduct is a crime easily charged by a 82.21 victim but very difficult to disprove by an accused because of 82.22 the heinous nature of the crime; or 82.23 (d) The jury should scrutinize the testimony of the victim 82.24 any more closely than it should scrutinize the testimony of any 82.25 witness in any felony prosecution. 82.26 Sec. 19. Minnesota Statutes 1996, section 609.347, 82.27 subdivision 6, is amended to read: 82.28 Subd. 6. (a) In a prosecution under sections 609.109 or 82.29 609.342 to609.346609.3451 involving a psychotherapist and 82.30 patient, evidence of the patient's personal or medical history 82.31 is not admissible except when: 82.32 (1) the accused requests a hearing at least three business 82.33 days prior to trial and makes an offer of proof of the relevancy 82.34 of the history; and 82.35 (2) the court finds that the history is relevant and that 82.36 the probative value of the history outweighs its prejudicial 83.1 value. 83.2 (b) The court shall allow the admission only of specific 83.3 information or examples of conduct of the victim that are 83.4 determined by the court to be relevant. The court's order shall 83.5 detail the information or conduct that is admissible and no 83.6 other evidence of the history may be introduced. 83.7 (c) Violation of the terms of the order is grounds for 83.8 mistrial but does not prevent the retrial of the accused. 83.9 Sec. 20. Minnesota Statutes 1996, section 609.348, is 83.10 amended to read: 83.11 609.348 [MEDICAL PURPOSES; EXCLUSION.] 83.12 Sections 609.109 and 609.342 to609.346609.3451 do not 83.13 apply to sexual penetration or sexual contact when done for a 83.14 bona fide medical purpose. 83.15 Sec. 21. Minnesota Statutes 1996, section 631.045, is 83.16 amended to read: 83.17 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 83.18 At the trial of a complaint or indictment for a violation 83.19 of sections 609.109, 609.341 to609.346609.3451, or 617.246, 83.20 subdivision 2, when a minor under 18 years of age is the person 83.21 upon, with, or against whom the crime is alleged to have been 83.22 committed, the judge may exclude the public from the courtroom 83.23 during the victim's testimony or during all or part of the 83.24 remainder of the trial upon a showing that closure is necessary 83.25 to protect a witness or ensure fairness in the trial. The judge 83.26 shall give the prosecutor, defendant and members of the public 83.27 the opportunity to object to the closure before a closure order. 83.28 The judge shall specify the reasons for closure in an order 83.29 closing all or part of the trial. Upon closure the judge shall 83.30 only admit persons who have a direct interest in the case. 83.31 Sec. 22. [DIRECTIVES TO SENTENCING GUIDELINES COMMISSION.] 83.32 (a) The sentencing guidelines commission is directed to 83.33 amend section II.F of the Minnesota Sentencing Guidelines to 83.34 make it consistent with Minnesota Statutes, section 609.15. 83.35 (b) The sentencing guidelines commission shall modify 83.36 sentencing guideline section II.F to permit courts to impose 84.1 consecutive sentences in any case in which: 84.2 (1) the defendant is sentenced for multiple current felony 84.3 offenses and the court stays imposition or execution of sentence 84.4 for all but one of the offenses; or 84.5 (2) the defendant, at the time of sentencing, is subject to 84.6 a prior felony sentence, the imposition or execution of which 84.7 was stayed. 84.8 A consecutive sentence imposed under this section is not a 84.9 departure from the sentencing guidelines. 84.10 Sec. 23. [REVISOR'S INSTRUCTION.] 84.11 In each section of Minnesota Statutes referred to in column 84.12 A, the revisor of statutes shall delete the reference in column 84.13 B and insert the reference in column C. 84.14 Column A Column B Column C 84.15 171.3215, subd. 4 609.152 609.1095 84.16 241.67, subd. 3 609.1352 609.108 84.17 243.166, subd. 1 609.1352 609.108 84.18 244.04, subd. 1 609.1352 609.108 84.19 244.04, subd. 1 609.346 609.109 84.20 244.05, subd. 1 609.1352 609.108 84.21 244.05, subd. 3 609.1352 609.108 84.22 244.05, subd. 4 609.184 609.106 84.23 244.05, subd. 4 609.346 609.109 84.24 244.05, subd. 5 609.346 609.109 84.25 244.05, subd. 6 609.1352 609.108 84.26 244.05, subd. 7 609.1352 609.108 84.27 244.08, subd. 1 609.346 609.109 84.28 244.08, subd. 2 609.346 609.109 84.29 609.1351 609.1352 609.108 84.30 609.196 609.184 609.106 84.31 609.342, subd. 2 609.346 609.109 84.32 609.342, subd. 3 609.346 609.109 84.33 609.343, subd. 2 609.346 609.109 84.34 609.345, subd. 3 609.346 609.109 84.35 609.3461, subd. 1 609.1352 609.108 84.36 609.3461, subd. 2 609.1352 609.108 85.1 609.713, subd. 1 609.152 609.1095 85.2 611A.19, subd. 1 609.152 609.1095 85.3 Sec. 24. [REPEALER.] 85.4 Minnesota Statutes 1996, sections 609.1352; 609.152; 85.5 609.184; 609.196; and 609.346, are repealed. 85.6 Sec. 25. [EFFECTIVE DATE.] 85.7 Sections 1 to 24 are effective August 1, 1998, and apply to 85.8 crimes committed on or after that date. The court shall 85.9 consider convictions occurring before August 1, 1998, as prior 85.10 convictions in sentencing offenders under section 10. 85.11 ARTICLE 7 85.12 PRETRIAL AND CONDITIONAL RELEASE PROVISIONS 85.13 Section 1. Minnesota Statutes 1996, section 243.05, 85.14 subdivision 1, is amended to read: 85.15 Subdivision 1. [CONDITIONAL RELEASE.] (a) The commissioner 85.16 of corrections may parole any person sentenced to confinement in 85.17 any state correctional facility for adults under the control of 85.18 the commissioner of corrections, provided that: 85.19(a)(1) no inmate serving a life sentence for committing 85.20 murder before May 1, 1980, other than murder committed in 85.21 violation of clause (1) of section 609.185 who has not been 85.22 previously convicted of a felony shall be paroled without having 85.23 served 20 years, less the diminution that would have been 85.24 allowed for good conduct had the sentence been for 20 years; 85.25(b)(2) no inmate serving a life sentence for committing 85.26 murder before May 1, 1980, who has been previously convicted of 85.27 a felony or though not previously convicted of a felony is 85.28 serving a life sentence for murder in the first degree committed 85.29 in violation of clause (1) of section 609.185 shall be paroled 85.30 without having served 25 years, less the diminution which would 85.31 have been allowed for good conduct had the sentence been for 25 85.32 years; 85.33(c)(3) any inmate sentenced prior to September 1, 1963, 85.34 who would be eligible for parole had the inmate been sentenced 85.35 after September 1, 1963, shall be eligible for parole; and 85.36(d)(4) any new rule or policy or change of rule or policy 86.1 adopted by the commissioner of corrections which has the effect 86.2 of postponing eligibility for parole has prospective effect only 86.3 and applies only with respect to persons committing offenses 86.4 after the effective date of the new rule or policy or change. 86.5 (b) Upon being paroled and released, an inmate is and 86.6 remains in the legal custody and under the control of the 86.7 commissioner, subject at any time to be returned to a facility 86.8 of the department of corrections established by law for the 86.9 confinement or treatment of convicted persons and the parole 86.10 rescinded by the commissioner. 86.11 (c) The written order of the commissioner of corrections, 86.12 is sufficient authority for any peace officer, state 86.13 correctional investigator, or state parole and probation agent 86.14 to retake and place in actual custody any person on parole or 86.15 supervised release, but. In addition, when it appears necessary 86.16 in order to prevent escape or enforce discipline, any state 86.17 parole and probation agent or state correctional investigator 86.18 may, without order of warrant,when it appears necessary in86.19order to prevent escape or enforce discipline,take and detain a 86.20 parolee or person on supervised release or work release and 86.21 bring the person to the commissioner for action. 86.22 (d) The written order of the commissioner of corrections is 86.23 sufficient authority for any peace officer, state correctional 86.24 investigator, or state parole and probation agent to retake and 86.25 place in actual custody any person on probation under the 86.26 supervision of the commissioner pursuant to section 609.135,86.27but. Additionally, when it appears necessary in order to 86.28 prevent escape or enforce discipline, any state parole and 86.29 probation agent or state correctional investigator may, without 86.30 an order,when it appears necessary in order to prevent escape86.31or enforce discipline,retake and detain a probationer and bring 86.32 the probationer before the court for further proceedings under 86.33 section 609.14. 86.34 (e) The written order of the commissioner of corrections is 86.35 sufficient authority for any peace officer, state correctional 86.36 investigator, or state parole and probation agent to detain any 87.1 person on pretrial release who absconds from pretrial release or 87.2 fails to abide by the conditions of pretrial release. 87.3 (f) Persons conditionally released, and those on probation 87.4 under the supervision of the commissioner of corrections 87.5 pursuant to section 609.135 may be placed within or outside the 87.6 boundaries of the state at the discretion of the commissioner of 87.7 corrections or the court, and the limits fixed for these persons 87.8 may be enlarged or reduced according to their conduct. 87.9 (g) Except as otherwise provided in subdivision 1b, in 87.10 considering applications for conditional release or discharge, 87.11 the commissioner is not required to hear oral argument from any 87.12 attorney or other person not connected with an adult 87.13 correctional facility of the department of corrections in favor 87.14 of or against the parole or release of any inmates, but. The 87.15 commissioner may institute inquiries by correspondence, taking 87.16 testimony, or otherwise, as to the previous history, physical or 87.17 mental condition, and character of the inmate,and, to that end 87.18shall have, has the authority to require the attendance of the 87.19 chief executive officer of any state adult correctional facility 87.20 and the production of the records of these facilities, and to 87.21 compel the attendance of witnesses. The commissioner is 87.22 authorized to administer oaths to witnesses for these purposes. 87.23 (h) Unless the district court directs otherwise, state 87.24 parole and probation agents may require a person who is under 87.25 the supervision of the commissioner of corrections to perform 87.26 community work service for violating a condition of probation 87.27 imposed by the court. Community work service may be imposed for 87.28 the purpose of protecting the public, to aid the offender's 87.29 rehabilitation, or both. Agents may impose up to eight hours of 87.30 community work service for each violation and up to a total of 87.31 24 hours per offender per 12-month period, beginning with the 87.32 date on which community work service is first imposed. The 87.33 commissioner may authorize an additional 40 hours of community 87.34 work services, for a total of 64 hours per offender per 12-month 87.35 period, beginning with the date on which community work service 87.36 is first imposed. At the time community work service is 88.1 imposed, parole and probation agents are required to provide 88.2 written notice to the offender that states: 88.3 (1) the condition of probation that has been violated; 88.4 (2) the number of hours of community work service imposed 88.5 for the violation; and 88.6 (3) the total number of hours of community work service 88.7 imposed to date in the 12-month period. 88.8 An offender may challenge the imposition of community work 88.9 service by filing a petition in district court. An offender 88.10 must file the petition within five days of receiving written 88.11 notice that community work service is being imposed. If the 88.12 offender challenges the imposition of community work service, 88.13 the offender bears the burden of showing that the imposition of 88.14 community work service is unreasonable under the circumstances. 88.15 Community work service includes sentencing to service. 88.16 Sec. 2. Minnesota Statutes 1997 Supplement, section 88.17 244.19, is amended by adding a subdivision to read: 88.18 Subd. 3a. [INTERMEDIATE SANCTIONS.] Unless the district 88.19 court directs otherwise, county probation officers may require a 88.20 person committed to the officer's care by the court to perform 88.21 community work service for violating a condition of probation 88.22 imposed by the court. Community work service may be imposed for 88.23 the purpose of protecting the public, to aid the offender's 88.24 rehabilitation, or both. County probation officers may impose 88.25 up to eight hours of community work service for each violation 88.26 and up to a total of 24 hours per offender per 12-month period, 88.27 beginning with the date on which community work service is first 88.28 imposed. The court services director may authorize an 88.29 additional 40 hours of community work services, for a total of 88.30 64 hours per offender per 12-month period, beginning on the date 88.31 on which community work service is first imposed. At the time 88.32 community work service is imposed, county probation agents are 88.33 required to provide written notice to the offender that states: 88.34 (1) the condition of probation that has been violated; 88.35 (2) the number of hours of community work service imposed 88.36 for the violation; and 89.1 (3) the total number of hours of community work service 89.2 imposed to date in the 12-month period. 89.3 An offender may challenge the imposition of community work 89.4 service by filing a petition in district court. An offender 89.5 must file the petition within five days of receiving written 89.6 notice that community work service is being imposed. If the 89.7 offender challenges the imposition of community work service, 89.8 the offender bears the burden of showing that the imposition of 89.9 community work service is unreasonable under the circumstances. 89.10 Community work service includes sentencing to service. 89.11 Sec. 3. [244.195] [DETENTION AND RELEASE; PROBATIONERS, 89.12 CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 89.13 Subdivision 1. [DEFINITIONS.] (a) As used in this 89.14 subdivision, the following terms have the meanings given them. 89.15 (b) "Commissioner" means the commissioner of corrections. 89.16 (c) "Conditional release" means parole, supervised release, 89.17 conditional release as authorized by section 609.1352, 89.18 subdivision 5, work release as authorized by sections 241.26, 89.19 244.065, and 631.425, probation, furlough, and any other 89.20 authorized temporary release from a correctional facility. 89.21 (d) "Court services director" means the director or 89.22 designee of a county probation agency that is not organized 89.23 under chapter 401. 89.24 (e) "Detain" means to take into actual custody, including 89.25 custody within a local correctional facility. 89.26 (f) "Local correctional facility" has the meaning given in 89.27 section 241.021, subdivision 1. 89.28 (g) "Release" means to release from actual custody. 89.29 Subd. 2. [DETENTION PENDING HEARING.] When it appears 89.30 necessary to enforce discipline or to prevent a person on 89.31 conditional release from escaping or absconding from 89.32 supervision, a court services director has the authority to 89.33 issue a written order directing any peace officer in the county 89.34 or any county probation officer serving the district and 89.35 juvenile courts of the county to detain and bring the person 89.36 before the court or the commissioner, whichever is appropriate, 90.1 for disposition. This written order is sufficient authority for 90.2 the peace officer or probation officer to detain the person for 90.3 not more than 72 hours, excluding Saturdays, Sundays, and 90.4 holidays, pending a hearing before the court or the commissioner. 90.5 Subd. 3. [RELEASE BEFORE HEARING.] A court services 90.6 director has the authority to issue a written order directing a 90.7 county probation officer serving the district and juvenile 90.8 courts of the county to release a person detained under 90.9 subdivision 2 within 72 hours, excluding Saturdays, Sundays, and 90.10 holidays, without an appearance before the court or the 90.11 commissioner. This written order is sufficient authority for 90.12 the county probation officer to release the detained person. 90.13 Subd. 4. [DETENTION OF PRETRIAL RELEASEE.] A court 90.14 services director has the authority to issue a written order 90.15 directing any peace officer in the county or any probation 90.16 officer serving the district and juvenile courts of the county 90.17 to detain any person on court-ordered pretrial release who 90.18 absconds from pretrial release or fails to abide by the 90.19 conditions of pretrial release. A written order issued under 90.20 this subdivision is sufficient authority for the peace officer 90.21 or probation officer to detain the person. 90.22 Subd. 5. [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR 90.23 BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A 90.24 court services director has the authority to issue a written 90.25 order directing any state correctional investigator or any peace 90.26 officer, probation officer, or county probation officer from 90.27 another county to detain a person under sentence or on probation 90.28 who: 90.29 (1) fails to report to serve a sentence at a local 90.30 correctional facility; 90.31 (2) fails to return from furlough or authorized temporary 90.32 release from a local correctional facility; 90.33 (3) escapes from a local correctional facility; or 90.34 (4) absconds from court-ordered home detention. 90.35 (b) A court services director has the authority to issue a 90.36 written order directing any state correctional investigator or 91.1 any peace officer, probation officer, or county probation 91.2 officer from another county to detain any person on 91.3 court-ordered pretrial release who absconds from pretrial 91.4 release or fails to abide by the conditions of pretrial release. 91.5 (c) A written order issued under paragraph (a) or (b) is 91.6 sufficient authority for the state correctional investigator, 91.7 peace officer, probation officer, or county probation officer to 91.8 detain the person. 91.9 Sec. 4. Minnesota Statutes 1996, section 299C.06, is 91.10 amended to read: 91.11 299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 91.12 COOPERATE.] 91.13 It shall be the duty of all sheriffs, chiefs of police, 91.14 city marshals, constables, prison wardens, superintendents of 91.15 insane hospitals, reformatories and correctional schools, 91.16 probation and parole officers, school attendance officers, 91.17 coroners, county attorneys, court clerks, the commissioner of 91.18 public safety, the commissioner of transportation, and the state 91.19 fire marshal to furnish to the division statistics and 91.20 information regarding the number of crimes reported and 91.21 discovered, arrests made, complaints, informations, and 91.22 indictments, filed and the disposition made of same, pleas, 91.23 convictions, acquittals, probations granted or 91.24 denied, conditional release information, receipts, transfers, 91.25 and discharges to and from prisons, reformatories, correctional 91.26 schools, and other institutions, paroles granted and revoked, 91.27 commutation of sentences and pardons granted and rescinded, and 91.28 all other data useful in determining the cause and amount of 91.29 crime in this state and to form a basis for the study of crime, 91.30 police methods, court procedure, and penal problems. Such 91.31 statistics and information shall be furnished upon the request 91.32 of the division and upon such forms as may be prescribed and 91.33 furnished by it. The division shall have the power to inspect 91.34 and prescribe the form and substance of the records kept by 91.35 those officials from which the information is so furnished. 91.36 Sec. 5. Minnesota Statutes 1996, section 299C.09, is 92.1 amended to read: 92.2 299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 92.3 AND INDEXES.] 92.4 The bureau shall install systems for identification of 92.5 criminals, including the fingerprint system, the modus operandi 92.6 system, the conditional release data system, and such others as 92.7 the superintendent deems proper. The bureau shall keep a 92.8 complete record and index of all information received in 92.9 convenient form for consultation and comparison. The bureau 92.10 shall obtain from wherever procurable and file for record finger 92.11 and thumb prints, measurements, photographs, plates, outline 92.12 pictures, descriptions, modus operandi statements, conditional 92.13 release information, or such other information as the 92.14 superintendent considers necessary, of persons who have been or 92.15 shall hereafter be convicted of a felony, gross misdemeanor, or 92.16 an attempt to commit a felony or gross misdemeanor, within the 92.17 state, or who are known to be habitual criminals. To the extent 92.18 that the superintendent may determine it to be necessary, the 92.19 bureau shall obtain like information concerning persons 92.20 convicted of a crime under the laws of another state or 92.21 government, the central repository of this records system is the 92.22 bureau of criminal apprehension in St. Paul. 92.23 Sec. 6. [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 92.24 Subdivision 1. [DEFINITION.] As used in this section, 92.25 "conditional release" means probation, conditional release, and 92.26 supervised release. 92.27 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 92.28 maintain a computerized data system for the purpose of assisting 92.29 criminal justice agencies in monitoring and enforcing the 92.30 conditions of conditional release imposed on criminal offenders 92.31 by a sentencing court or the commissioner of corrections. The 92.32 data in the system are private data as defined in section 13.02, 92.33 subdivision 12, but are accessible to criminal justice agencies 92.34 as defined in section 13.02, subdivision 3a, and to criminal 92.35 justice agencies in other states in the conduct of their 92.36 official duties. 93.1 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 93.2 criminal justice agencies may submit data to and obtain data 93.3 from the conditional release data system. The commissioner of 93.4 corrections may require that any or all information be submitted 93.5 to the conditional release data system. A consent to the 93.6 release of data in the conditional release data system from the 93.7 individual who is the subject of the data is not effective. 93.8 Subd. 4. [PROCEDURES.] The bureau shall adopt procedures 93.9 to provide for the orderly collection, entry, retrieval, and 93.10 deletion of data contained in the conditional release data 93.11 system. 93.12 Sec. 7. Minnesota Statutes 1997 Supplement, section 93.13 401.01, subdivision 2, is amended to read: 93.14 Subd. 2. [DEFINITIONS.] (a) For the purposes of sections 93.15 401.01 to 401.16, the following termsshallhave the meanings 93.16 given them:. 93.17 (b) "CCA county" means a county that participates in the 93.18 Community Corrections Act. 93.19 (c) "Commissioner" means the commissioner of corrections or 93.20 a designee;. 93.21(c)(d) "Conditional release" means parole, supervised 93.22 release, conditional release as authorized by section 609.1352, 93.23 subdivision 5, work release as authorized by sections 93.24 241.26and, 244.065, andincludes631.425, probation;, 93.25 furlough, and any other authorized temporary release from a 93.26 correctional facility. 93.27 (e) "County probation officer" means a probation officer 93.28 appointed under section 244.19. 93.29 (f) "Detain" means to take into actual custody, including 93.30 custody within a local correctional facility. 93.31(d)(g) "Joint board" means the board provided in section 93.32 471.59;. 93.33 (h) "Local correctional facility" has the meaning given in 93.34 section 241.021, subdivision 1. 93.35(e)(i) "Local correctional service" means those services 93.36 authorized by and employees, officers, and agents appointed 94.1 under section 244.19, subdivision 1. 94.2 (j) "Release" means to release from actual custody. 94.3 Sec. 8. Minnesota Statutes 1996, section 401.02, is 94.4 amended by adding a subdivision to read: 94.5 Subd. 5. [INTERMEDIATE SANCTIONS.] Unless the district 94.6 court directs otherwise, county probation officers may require a 94.7 person committed to the officer's care by the court to perform 94.8 community work service for violating a condition of probation 94.9 imposed by the court. Community work service may be imposed for 94.10 the purpose of protecting the public, to aid the offender's 94.11 rehabilitation, or both. Probation officers may impose up to 94.12 eight hours of community work service for each violation and up 94.13 to a total of 24 hours per offender per 12-month period, 94.14 beginning on the date on which community work service is first 94.15 imposed. The chief executive officer of a community corrections 94.16 agency may authorize an additional 40 hours of community work 94.17 service, for a total of 64 hours per offender per 12-month 94.18 period, beginning with the date on which community work service 94.19 is first imposed. At the time community work service is 94.20 imposed, probation officers are required to provide written 94.21 notice to the offender that states: 94.22 (1) the condition of probation that has been violated; 94.23 (2) the number of hours of community work service imposed 94.24 for the violation; and 94.25 (3) the total number of hours of community work service 94.26 imposed to date in the 12-month period. 94.27 An offender may challenge the imposition of community work 94.28 service by filing a petition in district court. An offender 94.29 must file the petition within five days of receiving written 94.30 notice that community work service is being imposed. If the 94.31 offender challenges the imposition of community work service, 94.32 the offender bears the burden of showing that the imposition of 94.33 community work service is unreasonable under the circumstances. 94.34 Community work service includes sentencing to service. 94.35 Sec. 9. [401.025] [DETENTION AND RELEASE; PROBATIONERS, 94.36 CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 95.1 Subdivision 1. [PEACE OFFICERS AND PROBATION OFFICERS 95.2 SERVING CCA COUNTIES.] (a) When it appears necessary to enforce 95.3 discipline or to prevent a person on conditional release from 95.4 escaping or absconding from supervision, the chief executive 95.5 officer or designee of a community corrections agency in a CCA 95.6 county has the authority to issue a written order directing any 95.7 peace officer in the county or any probation officer serving the 95.8 district and juvenile courts of the county to detain and bring 95.9 the person before the court or the commissioner, whichever is 95.10 appropriate, for disposition. This written order is sufficient 95.11 authority for the peace officer or probation officer to detain 95.12 the person for not more than 72 hours, excluding Saturdays, 95.13 Sundays, and holidays, pending a hearing before the court or the 95.14 commissioner. 95.15 (b) The chief executive officer or designee of a community 95.16 corrections agency in a CCA county has the authority to issue a 95.17 written order directing a probation officer serving the district 95.18 and juvenile courts of the county to release a person detained 95.19 under paragraph (a) within 72 hours, excluding Saturdays, 95.20 Sundays, and holidays, without an appearance before the court or 95.21 the commissioner. This written order is sufficient authority 95.22 for the probation officer to release the detained person. 95.23 (c) The chief executive officer or designee of a community 95.24 corrections agency in a CCA county has the authority to issue a 95.25 written order directing any peace officer in the county or any 95.26 probation officer serving the district and juvenile courts of 95.27 the county to detain any person on court-ordered pretrial 95.28 release who absconds from pretrial release or fails to abide by 95.29 the conditions of pretrial release. A written order issued 95.30 under this paragraph is sufficient authority for the peace 95.31 officer or probation officer to detain the person. 95.32 Subd. 2. [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER 95.33 COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief 95.34 executive officer or designee of a community corrections agency 95.35 in a CCA county has the authority to issue a written order 95.36 directing any state correctional investigator or any peace 96.1 officer, probation officer, or county probation officer from 96.2 another county to detain a person under sentence or on probation 96.3 who: 96.4 (1) fails to report to serve a sentence at a local 96.5 correctional facility; 96.6 (2) fails to return from furlough or authorized temporary 96.7 release from a local correctional facility; 96.8 (3) escapes from a local correctional facility; or 96.9 (4) absconds from court-ordered home detention. 96.10 (b) The chief executive officer or designee of a community 96.11 corrections agency in a CCA county has the authority to issue a 96.12 written order directing any state correctional investigator or 96.13 any peace officer, probation officer, or county probation 96.14 officer from another county to detain any person on 96.15 court-ordered pretrial release who absconds from pretrial 96.16 release or fails to abide by the conditions of pretrial release. 96.17 (c) A written order issued under paragraph (a) or (b) is 96.18 sufficient authority for the state correctional investigator, 96.19 peace officer, probation officer, or county probation officer to 96.20 detain the person. 96.21 Subd. 3. [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS 96.22 COMMITMENT.] CCA counties shall comply with the policies 96.23 prescribed by the commissioner when providing supervision and 96.24 other correctional services to persons conditionally released 96.25 pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 96.26 244.065, including intercounty transfer of persons on 96.27 conditional release and the conduct of presentence 96.28 investigations. 96.29 Sec. 10. [609.134] [CONDITIONAL RELEASE VERIFICATION 96.30 CARD.] 96.31 Subdivision 1. [TERMS.] (a) For purposes of this section, 96.32 the following terms have the meanings given. 96.33 (b) "Conditional release" has the meaning given in section 96.34 401.01, subdivision 2. 96.35 (c) "Conditional release verification card" or "card" means 96.36 a card issued to a person on conditional release by a probation 97.1 officer that states the terms and conditions of an individual's 97.2 conditional release. 97.3 (d) "Peace officer" has the meaning given in section 97.4 626.84, subdivision 1. 97.5 (e) "Probation officer" means a county probation officer 97.6 with powers and duties under section 244.19; a state parole and 97.7 probation agent with powers and duties under section 243.05; and 97.8 a probation officer with powers and duties under section 401.02. 97.9 Subd. 2. [ISSUANCE OF CONDITIONAL RELEASE VERIFICATION 97.10 CARD.] On or before August 31, 1998, every probation officer 97.11 must issue a conditional release verification card to each 97.12 person convicted of a felony who is under the probation 97.13 officer's supervision and who is on conditional release. 97.14 After August 31, 1998, every probation officer must issue a 97.15 conditional release verification card to each person convicted 97.16 of a felony who is under the probation officer's supervision and 97.17 who is on conditional release. If the person is on supervised 97.18 release, the commissioner of corrections shall issue the 97.19 conditional release verification card prior to the person's 97.20 release from the correctional institution. This card must be 97.21 issued to a person on conditional release at the time the 97.22 probation officer first meets with the person on conditional 97.23 release or within seven days of receiving the person for 97.24 supervision, provided a card has not already been issued to the 97.25 person, whichever comes first. 97.26 If the conditional release verification card is mailed to a 97.27 person on conditional release, the card must be mailed by 97.28 certified mail. 97.29 Subd. 3. [REQUIREMENT FOR PERSON ON CONDITIONAL RELEASE; 97.30 PENALTY.] (a) A person on conditional release must produce a 97.31 conditional release verification card on demand of a peace 97.32 officer, a probation officer, or a district court judge. 97.33 Except as provided in paragraph (b), if a person on 97.34 conditional release does not produce the card upon demand of a 97.35 peace officer, a probation officer, or a district court judge, 97.36 the person on conditional release is guilty of a gross 98.1 misdemeanor. 98.2 (b) A person does not violate this section if the person 98.3 fails to produce the card during the hours the person is at work 98.4 at the person's place of employment, if the person produces the 98.5 card within 72 hours of the time the demand is made. 98.6 Subd. 4. [EXEMPTION.] A person on conditional release is 98.7 exempt from this requirement until the person receives a 98.8 conditional release verification card. 98.9 Sec. 11. Minnesota Statutes 1997 Supplement, section 98.10 609.135, subdivision 1, is amended to read: 98.11 Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a 98.12 sentence of life imprisonment is required by law, or when a 98.13 mandatory minimum sentence is required by section 609.11, any 98.14 court may stay imposition or execution of sentence and: 98.15 (1) may order intermediate sanctions without placing the 98.16 defendant on probation; or 98.17 (2) may place the defendant on probation with or without 98.18 supervision and on the terms the court prescribes, including 98.19 intermediate sanctions when practicable. The court may order 98.20 the supervision to be under the probation officer of the court, 98.21 or, if there is none and the conviction is for a felony or gross 98.22 misdemeanor, by the commissioner of corrections, or in any case 98.23 by some other suitable and consenting person. Unless the court 98.24 directs otherwise, state parole and probation agents and 98.25 probation officers may impose community work service for an 98.26 offender's probation violation, consistent with section 243.05, 98.27 subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 98.28 No intermediate sanction may be ordered performed at a 98.29 location that fails to observe applicable requirements or 98.30 standards of chapter 181A or 182, or any rule promulgated under 98.31 them. 98.32 (b) For purposes of this subdivision, subdivision 6, and 98.33 section 609.14, the term "intermediate sanctions" includes but 98.34 is not limited to incarceration in a local jail or workhouse, 98.35 home detention, electronic monitoring, intensive probation, 98.36 sentencing to service, reporting to a day reporting center, 99.1 chemical dependency or mental health treatment or counseling, 99.2 restitution, fines, day-fines, community work service, work 99.3 service in a restorative justice program, work in lieu of or to 99.4 work off fines and, with the victim's consent, work in lieu of 99.5 or to work off restitution. 99.6 (c) A court may not stay the revocation of the driver's 99.7 license of a person convicted of violating the provisions of 99.8 section 169.121. 99.9 Sec. 12. Minnesota Statutes 1996, section 629.34, 99.10 subdivision 1, is amended to read: 99.11 Subdivision 1. [PEACE OFFICERSAND CONSTABLES.] (a) A 99.12 peace officer, as defined in section 626.84, subdivision 1, 99.13 clause (c),or a constable, as defined in section 367.40,99.14subdivision 3,who is on or off duty within the jurisdiction of 99.15 the appointing authority, or on duty outside the jurisdiction of 99.16 the appointing authority pursuant to section 629.40, may arrest 99.17 a person without a warrant as provided under paragraph (c). 99.18 (b) A part-time peace officer, as defined in section 99.19 626.84, subdivision 1, clause (f), who is on duty within the 99.20 jurisdiction of the appointing authority, or on duty outside the 99.21 jurisdiction of the appointing authority pursuant to section 99.22 629.40 may arrest a person without a warrant as provided under 99.23 paragraph (c). 99.24 (c) A peace officer, constable,or part-time peace officer 99.25 who is authorized under paragraph (a) or (b) to make an arrest 99.26 without a warrant may do so under the following circumstances: 99.27 (1) when a public offense has been committed or attempted 99.28 in the officer'sor constable'spresence; 99.29 (2) when the person arrested has committed a felony, 99.30 although not in the officer'sor constable'spresence; 99.31 (3) when a felony has in fact been committed, and the 99.32 officeror constablehas reasonable cause for believing the 99.33 person arrested to have committed it; 99.34 (4) upon a charge based upon reasonable cause of the 99.35 commission of a felony by the person arrested; 99.36 (5) under the circumstances described in clause (2), (3), 100.1 or (4), when the offense is a gross misdemeanor violation of 100.2 section 609.52, 609.595, 609.631, 609.749, or 609.821; or 100.3 (6) under circumstances described in clause (2), (3), or 100.4 (4), when the offense is a nonfelony violation of a restraining 100.5 order or no contact order previously issued by a court. 100.6 (d) To make an arrest authorized under this subdivision, 100.7 the officeror constablemay break open an outer or inner door 100.8 or window of a dwelling house if, after notice of office and 100.9 purpose, the officeror constableis refused admittance. 100.10 Sec. 13. [629.355] [PEACE OFFICER AUTHORITY TO DETAIN 100.11 PERSON ON CONDITIONAL RELEASE.] 100.12 (a) A peace officer may detain a person on conditional 100.13 release upon probable cause that the person has violated a 100.14 condition of release. "Conditional release" has the meaning 100.15 given in section 401.01, subdivision 2. 100.16 (b) Except as provided in paragraph (c), no person may be 100.17 detained longer than the period provided in rule 27.04 of the 100.18 Rules of Criminal Procedure. The detaining peace officer shall 100.19 provide a detention report to the agency supervising the person 100.20 as soon as possible. The detention by the peace officer may not 100.21 exceed eight hours without the approval of the supervising 100.22 agency. The supervising agency may release the person without 100.23 commencing revocation proceedings or commence revocation 100.24 proceedings under rule 27.04 of the Rules of Criminal Procedure. 100.25 (c) A person detained under paragraph (a) who is on 100.26 supervised release or parole may not be detained longer than 72 100.27 hours. The detaining peace officer shall provide a detention 100.28 report to the commissioner of corrections as soon as possible. 100.29 The detention by the peace officer may not exceed eight hours 100.30 without the approval of the commissioner or a designee. The 100.31 commissioner may release the person without commencing 100.32 revocation proceedings or request a hearing before the hearings 100.33 and release division. 100.34 Sec. 14. Minnesota Statutes 1996, section 629.53, is 100.35 amended to read: 100.36 629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.] 101.1 Subdivision 1. [PROVIDING RELEASE ON BAIL.] Prior to 101.2 conviction, a person charged with a criminal offense may be 101.3 released with or without bail in accordance with rule 6.02 of 101.4 the rules of criminal procedure. Money bail is the property of 101.5 the accused, whether deposited by that person or by a third 101.6 person on the accused's behalf. When money bail is accepted by 101.7 a judge, that judge shall order it to be deposited with the 101.8 court administrator. The court administrator shall retain it 101.9 until the final disposition of the case and the final order of 101.10 the court disposing of the case. Upon release, the amount 101.11 released must be paid to the accused personally or upon that 101.12 person's written order. In case of conviction, the judge may 101.13 order the money bail deposit to be applied to any fine or 101.14 restitution imposed on the defendant by the court and, if the 101.15 fine or restitution is less than the deposit, order the balance 101.16 to be paid to the defendant. Money bail deposited with the 101.17 court or any officer of it is exempt from garnishment or levy 101.18 under attachment or execution. 101.19 Subd. 2. [RELEASE FOLLOWING CONVICTION OR GUILTY PLEA.] (a) 101.20 The court must detain and may not release a person who is 101.21 awaiting sentencing after a conviction for an offense when the 101.22 court has information that the sentencing guidelines presume 101.23 that the defendant will be committed to the commissioner of 101.24 corrections under an executed sentence for the offense. 101.25 (b) Except as provided in paragraph (c), the court also 101.26 must detain and may not release a person who has waived any 101.27 right to cash bail while awaiting sentencing as described in 101.28 section 630.315 or 631.031. 101.29 (c) The court may release a person on bail if the 101.30 prosecution and defense have entered into an agreement 101.31 recommending a dispositional departure and no additional 101.32 incarceration in a local facility. 101.33 Sec. 15. Minnesota Statutes 1996, section 629.715, 101.34 subdivision 1, is amended to read: 101.35 Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a 101.36 person is arrested for a crimeagainst the person, the judge 102.1 before whom the arrested person is taken shall review the facts 102.2 surrounding the arrest and detention.If the person was102.3arrested or detained for committing a crime of violence, as102.4defined in section 629.725,The prosecutor or other appropriate 102.5 person shall present relevant information involving the victim 102.6 or the victim's family's account of the alleged crime to the 102.7 judge to be considered in determining the arrested person's 102.8 release. The arrested person must be ordered released pending 102.9 trial or hearing on the person's personal recognizance or on an 102.10 order to appear or upon the execution of an unsecured bond in a 102.11 specified amount unless the judge determines that release (1) 102.12 will be inimical to public safety, (2) will create a threat of 102.13 bodily harm to the arrested person, the victim of the alleged 102.14 crime, or another, or (3) will not reasonably assure the 102.15 appearance of the arrested person at subsequent proceedings. 102.16 (b) If the judge determines release under paragraph (a) is 102.17 not advisable, the judgemayshall set bail and impose any 102.18 conditions of release that will protect the safety of the 102.19 victim, public safety, and reasonably assurethe appearance of102.20the person forreappearance at subsequent proceedings, or will102.21protect the victim of the alleged crime, or may fix the amount102.22of money bail without other conditions upon which the arrested102.23person may obtain release. The court may also set bail without 102.24 any other conditions in an amount that will protect the safety 102.25 of the victim and the public. In making a public safety 102.26 determination under this subdivision, the court shall consider, 102.27 among other matters, the safety of persons and property and 102.28 whether the arrested person has a prior record of having 102.29 committed crimes against persons or property. 102.30 Sec. 16. [630.315] [GUILTY PLEA; WAIVER OF BAIL.] 102.31 (a) A defendant must, as a condition of entering the 102.32 factual basis for a guilty plea, waive any right to cash bail 102.33 pending sentencing when the court has information that the 102.34 sentencing guidelines presume that the defendant will be 102.35 committed to the commissioner of corrections under an executed 102.36 sentence for the offense. This waiver must occur at the time a 103.1 defendant tenders the factual basis for a guilty plea. 103.2 (b) Before the defendant waives any right to cash bail, the 103.3 court must determine that: 103.4 (1) the defendant understands the consequences of the 103.5 waiver; and 103.6 (2) the waiver is made knowingly, voluntarily, and 103.7 willingly. 103.8 If the court determines that the factors in clauses (1) and 103.9 (2) are satisfied, the court must accept the defendant's waiver, 103.10 regardless of whether the court postpones acceptance or 103.11 rejection of the guilty plea until it has received the results 103.12 of the presentence investigation. 103.13 If the court determines that any one or more of the factors 103.14 in clauses (1) and (2) are not satisfied, the court may not 103.15 accept either the waiver or the factual basis for the guilty 103.16 plea. 103.17 Sec. 17. [631.031] [GUILTY PLEA; WAIVER OF BAIL.] 103.18 (a) A defendant must, as a condition of entering the 103.19 factual basis for a guilty plea, waive any right to cash bail 103.20 pending sentencing when the court has information that the 103.21 sentencing guidelines presume that the defendant will be 103.22 committed to the commissioner of corrections under an executed 103.23 sentence for the offense. This waiver must occur at the time a 103.24 defendant tenders the factual basis for a guilty plea. 103.25 (b) Before the defendant waives any right to cash bail, the 103.26 court must determine that: 103.27 (1) the defendant understands the consequences of the 103.28 waiver; and 103.29 (2) the waiver is made knowingly, voluntarily, and 103.30 willingly. 103.31 If the court determines that the factors in clauses (1) and 103.32 (2) are satisfied, the court must accept the defendant's waiver, 103.33 regardless of whether the court postpones acceptance or 103.34 rejection of the guilty plea until it has received the results 103.35 of the presentence investigation. 103.36 If the court determines that any one or more of the factors 104.1 in clauses (1) and (2) are not satisfied, the court may not 104.2 accept either the waiver or the factual basis for the guilty 104.3 plea. 104.4 Sec. 18. [RELEASEE PLAN.] 104.5 By August 1, 1998, the department of corrections, each 104.6 county probation agency, and each community corrections act 104.7 agency, in consultation with local law enforcement agencies, 104.8 shall develop a plan to provide local law enforcement agencies 104.9 with relevant information concerning the releasees, terms of 104.10 release, the releasees' offense history, and other factors that 104.11 present a risk of violation of the terms and conditions of 104.12 release. This plan shall include strategies to identify those 104.13 offenders most likely to violate the terms of release on an 104.14 ongoing basis and methods to ensure compliance with the terms of 104.15 release by those releasees. 104.16 Sec. 19. [REQUEST; SUPREME COURT.] 104.17 The supreme court is requested to include in the Minnesota 104.18 Rules of Criminal Procedure, rule 15 and its appendices, a 104.19 provision that states that the defendant agrees that, by 104.20 pleading guilty to an offense when the court has information 104.21 that the sentencing guidelines presume that the defendant will 104.22 be committed to the commissioner of corrections under an 104.23 executed sentence for the offense, the defendant is waiving any 104.24 right to cash bail pending sentencing. 104.25 Sec. 20. [RULE SUPERSEDED.] 104.26 Rule 27.01 of the Minnesota Rules of Criminal Procedure is 104.27 superseded to the extent it conflicts with section 14. 104.28 Sec. 21. [REPEALER.] 104.29 Minnesota Statutes 1996, section 401.02, subdivision 4; and 104.30 Minnesota Statutes 1997 Supplement, section 244.19, subdivision 104.31 4, are repealed. 104.32 Sec. 22. [EFFECTIVE DATE.] 104.33 Sections 1 to 3 and 7 to 21 are effective August 1, 1998, 104.34 and apply to crimes committed on or after that date. 104.35 ARTICLE 8 104.36 COURTS AND PUBLIC DEFENDERS 105.1 Section 1. Minnesota Statutes 1997 Supplement, section 105.2 97A.065, subdivision 2, is amended to read: 105.3 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 105.4 forfeited bail collected from prosecutions of violations of: 105.5 the game and fish laws; sections 84.091 to 84.15; sections 84.81 105.6 to84.8884.91; section 169.121, when the violation involved an 105.7 off-road recreational vehicle as defined in section 169.01, 105.8 subdivision 86; chapter 348; and any other law relating to wild 105.9 animals or aquatic vegetation, must be paid to the treasurer of 105.10 the county where the violation is prosecuted. The county 105.11 treasurer shall submit one-half of the receipts to the 105.12 commissioner and credit the balance to the county general 105.13 revenue fund except as provided in paragraphs (b), (c), and (d). 105.14 (b) The commissioner must reimburse a county, from the game 105.15 and fish fund, for the cost of keeping prisoners prosecuted for 105.16 violations under this section if the county board, by 105.17 resolution, directs: (1) the county treasurer to submit all 105.18 fines and forfeited bail to the commissioner; and (2) the county 105.19 auditor to certify and submit monthly itemized statements to the 105.20 commissioner. 105.21 (c)The county treasurer shall indicate the amount of the105.22receipts that are assessments or surcharges imposed under105.23section 609.101 and shall submit all of those receipts to the105.24commissioner. The receipts must be credited to the game and105.25fish fund to provide peace officer training for persons employed105.26by the commissioner who are licensed under section 626.84,105.27subdivision 1, clause (c), and who possess peace officer105.28authority for the purpose of enforcing game and fish laws.105.29(d)The county treasurer shall submit one-half of the 105.30 receipts collected under paragraph (a) from prosecutions of 105.31 violations of sections 84.81 to 84.91, and 169.121,including105.32 except receipts that areassessments orsurcharges imposed under 105.33 section609.101357.021, subdivision 6, to thecommissioner105.34 state treasurer and credit the balance to the county general 105.35 fund. Thecommissionerstate treasurer shall credit these 105.36 receipts to the snowmobile trails and enforcement account in the 106.1 natural resources fund. 106.2 (d) The county treasurer shall indicate the amount of the 106.3 receipts that are surcharges imposed under section 357.021, 106.4 subdivision 6, and shall submit all of those receipts to the 106.5 state treasurer. 106.6 Sec. 2. Minnesota Statutes 1996, section 169.121, 106.7 subdivision 5a, is amended to read: 106.8 Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 106.9 SURCHARGE.] When a court sentences a person convicted of an 106.10 offense enumerated in section 169.126, subdivision 1, it shall 106.11 impose a chemical dependency assessment charge of $125. A 106.12 person shall pay an additional surcharge of $5 if the person is 106.13 convicted of (i) a violation of section 169.129, or (ii) a 106.14 violation of this section within five years of a prior impaired 106.15 driving conviction, as defined in subdivision 3, or a prior 106.16 conviction for an offense arising out of an arrest for a 106.17 violation of section 169.121 or 169.129. This section applies 106.18 when the sentence is executed, stayed, or suspended. The court 106.19 may not waive payment or authorize payment of the assessment 106.20 charge and surcharge in installments unless it makes written 106.21 findings on the record that the convicted person is indigent or 106.22 that the assessment charge and surcharge would create undue 106.23 hardship for the convicted person or that person's immediate 106.24 family. 106.25 The county shall collect and forward to the commissioner of 106.26 finance $25 of the chemical dependency assessment charge and the 106.27 $5 surcharge, if any, within 60 days after sentencing or explain 106.28 to the commissioner in writing why the money was not forwarded 106.29 within this time period. The commissioner shall credit the 106.30 money to the general fund. The county shall collect and keep 106.31 $100 of the chemical dependency assessment charge. 106.32 The chemical dependency assessment charge and surcharge 106.33 required under this section are in addition to the surcharge 106.34 required by section609.101357.021, subdivision 6. 106.35 Sec. 3. Minnesota Statutes 1997 Supplement, section 106.36 169.14, subdivision 5d, is amended to read: 107.1 Subd. 5d. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 107.2 commissioner, on trunk highways and temporary trunk highways, 107.3 and local authorities, on streets and highways under their 107.4 jurisdiction, may authorize the use of reduced maximum speed 107.5 limits in highway work zones. The commissioner or local 107.6 authority is not required to conduct an engineering and traffic 107.7 investigation before authorizing a reduced speed limit in a 107.8 highway work zone. 107.9 (b) The minimum highway work zone speed limit is 20 miles 107.10 per hour. The work zone speed limit must not reduce the 107.11 established speed limit on the affected street or highway by 107.12 more than 15 miles per hour, except that the highway work zone 107.13 speed limit shall not exceed 40 miles per hour. Highway work 107.14 zone speed limits are effective on erection of appropriate 107.15 regulatory speed limit signs. The signs must be removed or 107.16 covered when they are not required. A speed greater than the 107.17 posted highway work zone speed limit is unlawful. 107.18 (c) For purposes of this subdivision, "highway work zone" 107.19 means a segment of highway or street where a road authority or 107.20 its agent is constructing, reconstructing, or maintaining the 107.21 physical structure of the roadway, its shoulders, or features 107.22 adjacent to the roadway, including underground and overhead 107.23 utilities and highway appurtenances. 107.24(d) Notwithstanding section 609.0331 or 609.101 or other107.25law to the contrary, a person who violates a speed limit107.26established under paragraph (b), or who violates any other107.27provision of this section while in a highway work zone, is107.28assessed an additional surcharge equal to the amount of the fine107.29imposed for the speed violation, but not less than $25.107.30 Sec. 4. Minnesota Statutes 1996, section 171.16, 107.31 subdivision 3, is amended to read: 107.32 Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] When any 107.33 court reports to the commissioner that a person: (1) has been 107.34 convicted of violating a law of this state or an ordinance of a 107.35 political subdivision which regulates the operation or parking 107.36 of motor vehicles, (2) has been sentenced to the payment of a 108.1 fine or had apenalty assessmentsurcharge levied against that 108.2 person, or sentenced to a fine upon which apenalty assessment108.3 surcharge was levied, and (3) has refused or failed to comply 108.4 with that sentence or to pay thepenalty assessmentsurcharge, 108.5 notwithstanding the fact that the court has determined that the 108.6 person has the ability to pay the fine orpenalty assessment108.7 surcharge, the commissioner shall suspend the driver's license 108.8 of such person for 30 days for a refusal or failure to pay or 108.9 until notified by the court that the fine orpenalty assessment108.10 surcharge, or both if a fine andpenalty assessmentsurcharge 108.11 were not paid, has been paid. 108.12 Sec. 5. Minnesota Statutes 1997 Supplement, section 108.13 357.021, subdivision 2, is amended to read: 108.14 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 108.15 collected by the court administrator shall be as follows: 108.16 (1) In every civil action or proceeding in said court, 108.17 including any case arising under the tax laws of the state that 108.18 could be transferred or appealed to the tax court, the 108.19 plaintiff, petitioner, or other moving party shall pay, when the 108.20 first paper is filed for that party in said action, a fee of 108.21 $122. 108.22 The defendant or other adverse or intervening party, or any 108.23 one or more of several defendants or other adverse or 108.24 intervening parties appearing separately from the others, shall 108.25 pay, when the first paper is filed for that party in said 108.26 action, a fee of $122. 108.27 The party requesting a trial by jury shall pay $75. 108.28 The fees above stated shall be the full trial fee 108.29 chargeable to said parties irrespective of whether trial be to 108.30 the court alone, to the court and jury, or disposed of without 108.31 trial, and shall include the entry of judgment in the action, 108.32 but does not include copies or certified copies of any papers so 108.33 filed or proceedings under chapter 103E, except the provisions 108.34 therein as to appeals. 108.35 (2) Certified copy of any instrument from a civil or 108.36 criminal proceeding, $10, and $5 for an uncertified copy. 109.1 (3) Issuing a subpoena, $3 for each name. 109.2 (4) Issuing an execution and filing the return thereof; 109.3 issuing a writ of attachment, injunction, habeas corpus, 109.4 mandamus, quo warranto, certiorari, or other writs not 109.5 specifically mentioned, $10. 109.6 (5) Issuing a transcript of judgment, or for filing and 109.7 docketing a transcript of judgment from another court, $7.50. 109.8 (6) Filing and entering a satisfaction of judgment, partial 109.9 satisfaction, or assignment of judgment, $5. 109.10 (7) Certificate as to existence or nonexistence of 109.11 judgments docketed, $5 for each name certified to. 109.12 (8) Filing and indexing trade name; or recording basic 109.13 science certificate; or recording certificate of physicians, 109.14 osteopaths, chiropractors, veterinarians, or optometrists, $5. 109.15 (9) For the filing of each partial, final, or annual 109.16 account in all trusteeships, $10. 109.17 (10) For the deposit of a will, $5. 109.18 (11) For recording notary commission, $25, of which, 109.19 notwithstanding subdivision 1a, paragraph (b), $20 must be 109.20 forwarded to the state treasurer to be deposited in the state 109.21 treasury and credited to the general fund. 109.22 (12)When a defendant pleads guilty to or is sentenced for109.23a petty misdemeanor other than a parking violation, the109.24defendant shall pay a fee of $11.109.25(13)Filing a motion or response to a motion for 109.26 modification of child support, a fee fixed by rule or order of 109.27 the supreme court. 109.28(14)(13) All other services required by law for which no 109.29 fee is provided, such fee as compares favorably with those 109.30 herein provided, or such as may be fixed by rule or order of the 109.31 court. 109.32(15)(14) In addition to any other filing fees under this 109.33 chapter, a surcharge in the amount of $75 must be assessed in 109.34 accordance with section 259.52, subdivision 14, for each 109.35 adoption petition filed in district court to fund the putative 109.36 fathers' adoption registry under section 259.52. 110.1 The fees in clauses (3) and (4) need not be paid by a 110.2 public authority or the party the public authority represents. 110.3 Sec. 6. Minnesota Statutes 1996, section 357.021, is 110.4 amended by adding a subdivision to read: 110.5 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC 110.6 OFFENDERS.] (a) The court shall impose and the court 110.7 administrator shall collect a $25 surcharge on every person 110.8 convicted of any felony, gross misdemeanor, misdemeanor, or 110.9 petty misdemeanor offense, other than a violation of a law or 110.10 ordinance relating to vehicle parking. The surcharge shall be 110.11 imposed whether or not the person is sentenced to imprisonment 110.12 or the sentence is stayed. 110.13 (b) If the court fails to impose a surcharge as required by 110.14 this subdivision, the court administrator shall show the 110.15 imposition of the $25 surcharge, collect the surcharge and 110.16 correct the record. 110.17 (c) The court may not waive payment of the surcharge 110.18 required under this subdivision. Upon a showing of indigency or 110.19 undue hardship upon the convicted person or the convicted 110.20 person's immediate family, the sentencing court may authorize 110.21 payment of the surcharge in installments. 110.22 (d) The court administrator or other entity collecting a 110.23 surcharge shall forward it to the state treasurer. 110.24 (e) If the convicted person is sentenced to imprisonment 110.25 and has not paid the surcharge before the term of imprisonment 110.26 begins, the chief executive officer of the correctional facility 110.27 in which the convicted person is incarcerated shall collect the 110.28 surcharge from any earnings the inmate accrues from work 110.29 performed in the facility or while on conditional release. The 110.30 chief executive officer shall forward the amount collected to 110.31 the state treasurer. 110.32 Sec. 7. Minnesota Statutes 1996, section 357.021, is 110.33 amended by adding a subdivision to read: 110.34 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE 110.35 TREASURER.] The state treasurer shall disburse surcharges 110.36 received under subdivision 6 and section 97A.065, subdivision 2, 111.1 as follows: 111.2 (1) one percent of the surcharge shall be credited to the 111.3 game and fish fund to provide peace officer training for 111.4 employees of the department of natural resources who are 111.5 licensed under sections 626.84 to 626.863, and who possess peace 111.6 officer authority for the purpose of enforcing game and fish 111.7 laws; 111.8 (2) 39 percent of the surcharge shall be credited to the 111.9 peace officers training account in the special revenue fund; and 111.10 (3) 60 percent of the surcharge shall be credited to the 111.11 general fund. 111.12 Sec. 8. Minnesota Statutes 1996, section 488A.03, 111.13 subdivision 11, is amended to read: 111.14 Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 111.15 fees payable to the administrator for services are the same in 111.16 amount as the fees then payable to the district court of 111.17 Hennepin county for like services. Library and filing fees are 111.18 not required of the defendant in an unlawful detainer action. 111.19 The fees payable to the administrator for all other services of 111.20 the administrator or the court shall be fixed by rules 111.21 promulgated by a majority of the judges. 111.22 (b) Fees are payable to the administrator in advance. 111.23 (c) Judgments will be entered only upon written application. 111.24 (d) The following fees shall be taxedin all casesfor all 111.25 charges where applicable: (a) The state of Minnesota and any 111.26 governmental subdivision within the jurisdictional area of 111.27 anymunicipaldistrict court herein established may present 111.28 cases for hearing before saidmunicipaldistrict court; (b) In 111.29 the event the court takes jurisdiction of a prosecution for the 111.30 violation of a statute or ordinance by the state or a 111.31 governmental subdivision other than a city or town in Hennepin 111.32 county, all fines, penalties, and forfeitures collected shall be 111.33 paid over to the treasurer of the governmental subdivision which 111.34 submitteda casecharges for prosecution under ordinance 111.35 violation and to the county treasurer in all othercasescharges 111.36 except where a different disposition is provided by law, in 112.1 which case, payment shall be made to the public official 112.2 entitled thereto. The following fees shall be taxed to the 112.3 county or to the state or governmental subdivision which would 112.4 be entitled to payment of the fines, forfeiture or penalties in 112.5 any case, and shall be paid to the court administrator for 112.6 disposing of the matter: 112.7 (1)In all casesFor each charge where the defendant is 112.8 brought into court and pleads guilty and is sentenced, or the 112.9 matter is otherwise disposed of without trial .......... $5. 112.10 (2) In arraignments where the defendant waives a 112.11 preliminary examination .......... $10. 112.12 (3)In all other casesFor all other charges where the 112.13 defendant stands trial or has a preliminary examination by the 112.14 court .......... $15. 112.15 (4)In all casesFor all charges where a defendant was 112.16 issued a statute, traffic, or ordinance violationtagcitation 112.17 and a fine is paid or the case is otherwise disposed of in a 112.18 violations bureau ..........$1$10. 112.19 (5) Upon the effective date ofa $2 increase in the expired112.20meter fine schedule that is enacted on or after August 1, 1987,112.21the amount payable to the court administrator must be increased112.22by $1 for each expired meter violation disposed of in a112.23violations bureau.the increase in clause (4), the fine schedule 112.24 amounts shall be increased by $10. 112.25 Additional money, if any, received by the fourth judicial 112.26 district administrator as a result of this section shall be used 112.27 to fund an automated citation system and revenue collections 112.28 initiative and to pay the related administrative costs of the 112.29 court administrator's office. 112.30 Additional money, if any, received by the city of 112.31 Minneapolis as a result of this section shall be used to provide 112.32 additional funding to the city attorney for use in criminal 112.33 investigations and prosecutions. This funding shall not be used 112.34 to supplant existing city attorney positions or services. 112.35 Sec. 9. [STUDY OF FINE DISTRIBUTION.] 112.36 The court administrator for the fourth judicial district 113.1 shall study the feasibility of modifying the fine distribution 113.2 system in the fourth judicial district to recognize the costs 113.3 that are absorbed by local municipalities. The fourth judicial 113.4 court administrator shall make recommendations to the 113.5 legislature on this issue by November 15, 1999. 113.6 Sec. 10. Minnesota Statutes 1996, section 588.01, 113.7 subdivision 3, is amended to read: 113.8 Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those 113.9 not committed in the immediate presence of the court, and of 113.10 which it has no personal knowledge, and may arise from any of 113.11 the following acts or omissions: 113.12 (1) misbehavior in office, or other willful neglect or 113.13 violation of duty, by an attorney, court administrator, sheriff, 113.14 coroner, or other person appointed or elected to perform a 113.15 judicial or ministerial service; 113.16 (2) deceit or abuse of the process or proceedings of the 113.17 court by a party to an action or special proceeding; 113.18 (3) disobedience of any lawful judgment, order, or process 113.19 of the court; 113.20 (4) assuming to be an attorney or other officer of the 113.21 court, and acting as such without authority; 113.22 (5) rescuing any person or property in the custody of an 113.23 officer by virtue of an order or process of the court; 113.24 (6) unlawfully detaining a witness or party to an action 113.25 while going to, remaining at, or returning from the court where 113.26 the action is to be tried; 113.27 (7) any other unlawful interference with the process or 113.28 proceedings of a court; 113.29 (8) disobedience of a subpoena duly served, or refusing to 113.30 be sworn or to answer as a witness; 113.31 (9) when summoned as a juror in a court, neglecting to 113.32 attend or serve, improperly conversing with a party to an action 113.33 to be tried at the court or with any person relative to the 113.34 merits of the action, or receiving a communication from a party 113.35 or other person in reference to it, and failing to immediately 113.36 disclose the same to the court; 114.1 (10) disobedience, by an inferior tribunal or officer, of 114.2 the lawful judgment, order, or process of a superior court, 114.3 proceeding in an action or special proceeding in any court 114.4 contrary to law after it has been removed from its jurisdiction, 114.5 or disobedience of any lawful order or process of a judicial 114.6 officer; 114.7 (11) failure or refusal to pay apenalty assessment114.8 surcharge levied pursuant to section626.861357.021, 114.9 subdivision 6. 114.10 Sec. 11. Minnesota Statutes 1997 Supplement, section 114.11 609.101, subdivision 5, is amended to read: 114.12 Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 114.13 PAYMENTS.] (a) The court may not waive payment of the minimum 114.14 fine, surcharge, or assessmentrequired by this section. 114.15 (b) If the defendant qualifies for the services of a public 114.16 defender or the court finds on the record that the convicted 114.17 person is indigent or that immediate payment of the fine,114.18surcharge, or assessmentwould create undue hardship for the 114.19 convicted person or that person's immediate family, the court 114.20 may reduce the amount of the minimum fine to not less than $50. 114.21 (c) The court also may authorize payment of the fine,114.22surcharge, or assessmentin installments. 114.23 Sec. 12. Minnesota Statutes 1996, section 609.3241, is 114.24 amended to read: 114.25 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 114.26 When a court sentences an adult convicted of violating 114.27 section 609.322, 609.323, or 609.324, while acting other than as 114.28 a prostitute, the court shall impose an assessment of not less 114.29 than $250 and not more than $500 for a violation of section 114.30 609.324, subdivision 2, or a misdemeanor violation of section 114.31 609.324, subdivision 3; otherwise the court shall impose an 114.32 assessment of not less than $500 and not more than $1,000. The 114.33 mandatory minimum portion of the assessment is to be used for 114.34 the purposes described in section 626.558, subdivision 2a, and 114.35 is in addition to theassessment orsurcharge required by 114.36 section609.101357.021, subdivision 6. Any portion of the 115.1 assessment imposed in excess of the mandatory minimum amount 115.2 shall be forwarded to the general fund and is appropriated 115.3 annually to the commissioner of corrections. The commissioner, 115.4 with the assistance of the general crime victims advisory 115.5 council, shall use money received under this section for grants 115.6 to agencies that provide assistance to individuals who have 115.7 stopped or wish to stop engaging in prostitution. Grant money 115.8 may be used to provide these individuals with medical care, 115.9 child care, temporary housing, and educational expenses. 115.10 Sec. 13. Minnesota Statutes 1996, section 611.14, is 115.11 amended to read: 115.12 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 115.13 The following persons who are financially unable to obtain 115.14 counsel are entitled to be represented by a public defender: 115.15 (1) a person charged with a felonyor, gross misdemeanor, 115.16 or misdemeanor including a person charged under sections 629.01 115.17 to 629.29; 115.18 (2) a person appealing from a conviction of a felony or 115.19 gross misdemeanor, or a person convicted of a felony or gross 115.20 misdemeanor, who is pursuing a postconviction proceeding and who 115.21 has not already had a direct appeal of the conviction; 115.22 (3) a person who is entitled to be represented by counsel 115.23 under section 609.14, subdivision 2; or 115.24 (4) a minor who is entitled to be represented by counsel 115.25 under section 260.155, subdivision 2, if the judge of the115.26juvenile court concerned has requested and received the approval115.27of a majority of the district court judges of the judicial115.28district to utilize the services of the public defender in such115.29cases, and approval of the compensation on a monthly, hourly, or115.30per diem basis to be paid for such services under section115.31260.251, subdivision 2, clause (e); or115.32(5) a person, entitled by law to be represented by counsel,115.33charged with an offense within the trial jurisdiction of a115.34district court, if the trial judge or a majority of the trial115.35judges of the court concerned have requested and received115.36approval of a majority of the district court judges of the116.1judicial district to utilize the services of the public defender116.2in such cases and approval of the compensation on a monthly,116.3hourly, or per diem basis to be paid for such services by the116.4county within the court's jurisdiction. 116.5 Sec. 14. Minnesota Statutes 1996, section 611.20, 116.6 subdivision 3, is amended to read: 116.7 Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state 116.8 treasurer shall deposit thefirst $180,000 in the general fund.116.9 paymentsin excess of $180,000 shall be depositedin the general 116.10 fund andcreditedcredit them to a separate account with the 116.11 board of public defense. The amount credited to this account is 116.12 appropriated to the board of public defense. 116.13 The balance of this account does not cancel but is 116.14 available until expended. Expenditures by the board from this 116.15 account for each judicial district public defense office must be 116.16 based on the amount of the payments received by the state from 116.17 the courts in each judicial district. 116.18 Sec. 15. Minnesota Statutes 1996, section 611.216, 116.19 subdivision 1a, is amended to read: 116.20Subd. 1a. [INDIAN CHILD WELFARE DEFENSE CORPORATION116.21GRANTS.] (a) The board of public defense shall establish116.22procedures for accepting applications for funding from an Indian116.23child welfare defense corporation located in the American Indian116.24community. The board must consult with the Minnesota Indian116.25affairs council before making a grant under this subdivision.116.26(b) An "Indian child welfare defense corporation" refers to116.27an American Indian nonprofit law corporation, having an American116.28Indian majority on its board of directors, specializing116.29primarily in providing culturally appropriate legal services to116.30indigent clients or tribal representatives involved in a case116.31governed by the Indian Child Welfare Act, United States Code,116.32title 25, section 1901 et seq., or the Minnesota Indian family116.33preservation act, sections 257.35 to 257.3579.116.34(c) An Indian child welfare defense corporation is a116.35"public defense corporation" for the purposes of sections 611.14116.36to 611.271.117.1 Sec. 16. Minnesota Statutes 1997 Supplement, section 117.2 611.25, subdivision 3, is amended to read: 117.3 Subd. 3. [DUTIES.]The state public defender shall prepare117.4a biennial report to the board and a report to the governor and117.5the supreme court on the operation of the state public117.6defender's office, district defender systems, and public defense117.7corporations. The biennial report is due on or before the117.8beginning of the legislative session following the end of the117.9biennium.The state public defender may require the reporting 117.10 of statistical data, budget information, and other cost factors 117.11 by the chief district public defenders and appointed counsel 117.12 systems. The state public defender shall design and conduct 117.13 programs for the training of all state and district public 117.14 defenders, appointed counsel, and attorneys for public defense 117.15 corporations funded under section 611.26. The state public 117.16 defender shall establish policies and procedures to administer 117.17 the district public defender system, consistent with standards 117.18 adopted by the state board of public defense. 117.19 Sec. 17. Minnesota Statutes 1996, section 611.26, 117.20 subdivision 2, is amended to read: 117.21 Subd. 2. [APPOINTMENT; TERMS.] The state board of public 117.22 defense shall appoint a chief district public defender for each 117.23 judicial district. When appointing a chief district public 117.24 defender, the state board of public defense membership shall be 117.25 increased to include two residents of the district appointed by 117.26 the chief judge of the district to reflect the characteristics 117.27 of the population served by the public defender in that 117.28 district. The additional members shall serve only in the 117.29 capacity of selecting the district public defender. The ad hoc 117.30 state board of public defense shall appoint a chief district 117.31 public defender only after requesting and giving reasonable time 117.32 to receive any recommendations from the public, the local bar 117.33 association, and the judges of the district, and the county117.34commissioners within the district. Each chief district public 117.35 defender shall be a qualified attorney,licensed to practice law 117.36 in this state. The chief district public defender shall be 118.1 appointed for a term of four years, beginning January 1, 118.2 pursuant to the following staggered term schedule: (1) in1992118.3 2000, the second and eighth districts; (2) in19932001, the 118.4 first, third, fourth, and tenth districts; (3) in19942002, the 118.5 fifth and ninth districts; and (4) in19951999, the sixth and 118.6 seventh districts. The chief district public defenders shall 118.7 serve for four-year terms and may be removed for cause upon the 118.8 order of the state board of public defense. Vacancies in the 118.9 office shall be filled by the appointing authority for the 118.10 unexpired term. 118.11 Sec. 18. Minnesota Statutes 1996, section 611.26, 118.12 subdivision 3, is amended to read: 118.13 Subd. 3. [COMPENSATION.] (a) The compensation of the chief 118.14 district public defendershall be set by the board of public118.15defense.and the compensation of each assistant district public 118.16 defender shall be set by thechief district public defender with118.17the approval of theboard of public defense. To assist the 118.18 board of public defense in determining compensation under this 118.19 subdivision, counties shall provide to the board information on 118.20 the compensation of county attorneys, including salaries and 118.21 benefits, rent, secretarial staff, and other pertinent budget 118.22 data. For purposes of this subdivision, compensation means 118.23 salaries, cash payments, and employee benefits including paid 118.24 time off and group insurance benefits, and other direct and 118.25 indirect items of compensation including the value of office 118.26 space provided by the employer. 118.27 (b) This subdivision does not limit the rights of public 118.28 defenders to collectively bargain with their employers. 118.29 Sec. 19. Minnesota Statutes 1996, section 611.26, 118.30 subdivision 3a, is amended to read: 118.31 Subd. 3a. [BUDGET; COMPENSATION.] (a) Notwithstanding 118.32 subdivision 3 or any other law to the contrary, compensation and 118.33 economic benefit increases for chief district public defenders 118.34 and assistant district public defenders, who are full-time 118.35 county employees, shall be paid out of the budget for that 118.36 judicial district public defender's office. 119.1 (b) Those budgets for district public defender services 119.2under the jurisdiction of the state board of public defensein 119.3 the second and fourth judicial districts shall be eligible for 119.4 adjustments to their base budgets in the same manner as other 119.5 state agencies. In making biennial budget base adjustments, the 119.6 commissioner of finance shall consider the budgets for district 119.7 public defender services in all judicial districts, as allocated 119.8 by the state board of public defense, in the same manner as 119.9 other state agencies. 119.10 Sec. 20. Minnesota Statutes 1996, section 611.26, 119.11 subdivision 9, is amended to read: 119.12Subd. 9. [INSURANCE.] Notwithstanding any other law to the119.13contrary, district public defenders and assistant district119.14public defenders, and their employees and their dependents, may119.15elect to enroll in the appropriate life insurance, hospital,119.16medical and dental benefits, and optional coverages of their119.17respective host county, as designated by the state board of119.18public defense under section 611.27, subdivision 2, at the time,119.19in the manner, and under conditions of eligibility as119.20established by the host county for its employees. The host119.21county must provide for payroll deductions to be made in the119.22same manner and under the same conditions as provided for an119.23eligible county employee and the employee's dependents. Nothing119.24in this subdivision obligates the state or county to payments in119.25the absence of an appropriation for those purposes.119.26 Sec. 21. Minnesota Statutes 1996, section 611.27, 119.27 subdivision 1, is amended to read: 119.28 Subdivision 1. [COUNTY PAYMENT RESPONSIBILITY.] (a)The119.29total compensation and expenses, including office equipment and119.30supplies, of the district public defender are to be paid by the119.31county or counties comprising the judicial district.119.32(b)A chief district public defender shall annually submit 119.33 a comprehensive budget to the state board of public defense. 119.34 The budget shall be in compliance with standards and forms 119.35 required by the boardand must, at a minimum, include detailed119.36substantiation as to all revenues and expenditures. The chief 120.1 district public defender shall, at times and in the form 120.2 required by the board, submit reports to the board concerning 120.3 its operations, including the number of cases handled and funds 120.4 expended for these services. 120.5Within ten days after an assistant district public defender120.6is appointed, the district public defender shall certify to the120.7state board of public defense the compensation that has been120.8recommended for the assistant.120.9(c) The state board of public defense shall transmit the120.10proposed budget of each district public defender to the120.11respective district court administrators and county budget120.12officers for comment before the board's final approval of the120.13budget. The board shall determine and certify to the respective120.14county boards a final comprehensive budget for the office of the120.15district public defender that includes all expenses. After the120.16board determines the allocation of the state funds authorized120.17pursuant to paragraph (e), the board shall apportion the120.18expenses of the district public defenders among the several120.19counties and each county shall pay its share in monthly120.20installments. The county share is the proportion of the total120.21expenses that the population in the county bears to the total120.22population in the district as determined by the last federal120.23census. If the district public defender or an assistant120.24district public defender is temporarily transferred to a county120.25not situated in that public defender's judicial district, said120.26county shall pay the proportionate part of that public120.27defender's expenses for the services performed in said county.120.28(d) Reimbursement for actual and necessary travel expenses120.29in the conduct of the office of the district public defender120.30shall be charged to either (1) the general expenses of the120.31office, (2) the general expenses of the district for which the120.32expenses were incurred if outside the district, or (3) the120.33office of the state public defender if the services were120.34rendered for that office.120.35(e)(b) Money appropriated to the state board of public 120.36 defense for the board's administration, for the state public 121.1 defender, for the judicial district public defenders, and for 121.2 the public defense corporations shall be expended as determined 121.3 by the board. In distributing funds to district public 121.4 defenders, the board shall consider the geographic distribution 121.5 of public defenders, the equity of compensation among the 121.6 judicial districts, public defender case loads, and the results 121.7 of the weighted case load study. 121.8 Sec. 22. Minnesota Statutes 1996, section 611.27, 121.9 subdivision 2, is amended to read: 121.10Subd. 2. [STATE BOARD OF PUBLIC DEFENSE; DESIGNATION OF121.11HOST COUNTY.] The state board of public defense, after receiving121.12an appropriation from the legislature for payment of district121.13public defender costs, shall designate the county officials of121.14one county within the district as a host county to reimburse the121.15expenses of the district public defender. A county selected by121.16the board must serve as the designee. The county share assessed121.17under subdivision 1 against each county of the district must be121.18paid to the county treasurer of the designated county. The121.19board may reimburse the designated county for extra costs121.20incurred.121.21 Sec. 23. Minnesota Statutes 1997 Supplement, section 121.22 611.27, subdivision 4, is amended to read: 121.23Subd. 4. [COUNTY PORTION OF COSTS.] That portion of121.24subdivision 1 directing counties to pay the costs of public121.25defense service shall not be in effect after January 1, 1995.121.26This subdivision only relates to costs associated with felony,121.27gross misdemeanor, juvenile, and misdemeanor public defense121.28services. Notwithstanding the provisions of this subdivision,121.29in the first, fifth, seventh, ninth, and tenth judicial121.30districts, the cost of juvenile and misdemeanor public defense121.31services for cases opened prior to January 1, 1995, shall remain121.32the responsibility of the respective counties in those121.33districts, even though the cost of these services may occur121.34after January 1, 1995.121.35 Sec. 24. Minnesota Statutes 1996, section 611.27, 121.36 subdivision 7, is amended to read: 122.1 Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 122.2Notwithstanding subdivision 4,The state's obligation for the 122.3 costs of the public defender services is limited to the 122.4 appropriations made to the board of public defense.Services122.5and expenses in cases where adequate representation cannot be122.6provided by the district public defender shall be the122.7responsibility of the state board of public defense.122.8 Sec. 25. [WORK ZONE FINES.] 122.9 The conference of chief judges is requested to add a 122.10 payable fine for work zone violations under Minnesota Statutes, 122.11 section 169.14, subdivision 5b, to the payables list and make it 122.12 applicable to violations occurring on or after January 1, 1999. 122.13 Sec. 26. [REPORT ON SURCHARGES.] 122.14 The state court administrator shall collect information on 122.15 the amount of revenue collected annually from the imposition of 122.16 surcharges under Minnesota Statutes, section 97A.065, 122.17 subdivision 2, or 357.021, subdivision 6, and shall report this 122.18 information by January 15, 2001, to the house and senate 122.19 committees with jurisdiction over criminal justice funding and 122.20 policy. 122.21 Sec. 27. [WORKING GROUP; BOARD OF PUBLIC DEFENSE.] 122.22 Subdivision 1. [WORKING GROUP; ESTABLISHMENT.] A working 122.23 group is established to study and make recommendations on the 122.24 issues related to employees of the public defender's office of 122.25 the second judicial district and public defender's office of the 122.26 fourth judicial district becoming state employees. 122.27 Subd. 2. [WORKING GROUP; MEMBERSHIP.] The board of public 122.28 defense shall work in cooperation with the following groups in 122.29 conducting the study required under subdivision 1: 122.30 (1) the Ramsey county board; 122.31 (2) the Hennepin county board; 122.32 (3) the exclusive bargaining units of the public defender's 122.33 office of the second judicial district; and 122.34 (4) the exclusive bargaining units of the public defender's 122.35 office of the fourth judicial district. 122.36 Subd. 3. [WORKING GROUP; DUTIES.] The working group shall 123.1 study the following issues: 123.2 (1) rights under Minnesota Statutes, chapter 179A, for 123.3 impacted employees; 123.4 (2) a method for impacted employees to maintain their 123.5 current total compensation level; 123.6 (3) a method for impacted employees to maintain a 123.7 collective bargaining unit; 123.8 (4) impacts on health insurance, life insurance, and 123.9 long-term disability benefits; 123.10 (5) impacts on retirement plans; 123.11 (6) a procedure for multicounty judicial district public 123.12 defenders to be paid at the pay scale of the attorney general's 123.13 office; and 123.14 (7) any other issues relating to these employees becoming 123.15 state employees. 123.16 Subd. 4. [REPORT.] By October 15, 1998, the board of 123.17 public defense must report to the chairs of the house and senate 123.18 committees having jurisdiction over criminal justice issues and 123.19 the house and senate committees having jurisdiction over 123.20 governmental operations on the study and its recommendations. 123.21 These recommendations may not include any measure that would 123.22 result in an increase in Ramsey county property taxes. 123.23 Sec. 28. [INSTRUCTION TO REVISOR.] 123.24 The revisor shall change the term "penalty assessment" or 123.25 similar term to "surcharge" or similar term wherever the term 123.26 appears in Minnesota Rules in connection with the board of peace 123.27 officer standards and training. 123.28 Sec. 29. [EXPIRATION.] 123.29 The amendments to Minnesota Statutes, section 488A.03, 123.30 subdivision 11, made in section 8 expire December 31, 2000, and 123.31 Minnesota Statutes 1996, section 488A.03, subdivision 11, is in 123.32 effect. 123.33 Sec. 30. [REPEALER.] 123.34 Minnesota Statutes 1996, sections 609.101, subdivision 1; 123.35 and 626.861, are repealed. 123.36 Sec. 31. [EFFECTIVE DATE.] 124.1 Sections 1 to 12, 26, 30, and 31 are effective January 1, 124.2 1999. Section 14 is effective July 1, 1999. 124.3 ARTICLE 9 124.4 CORRECTIONS 124.5 Section 1. Minnesota Statutes 1996, section 241.01, 124.6 subdivision 7, is amended to read: 124.7 Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 124.8 commissioner of corrections may authorize and permit public or 124.9 private social service, educational, or rehabilitation agencies 124.10 or organizations, and their clients; or lawyers, insurance 124.11 companies, or others; to use the facilities, staff, and other 124.12 resources of correctional facilities under the commissioner's 124.13 control and may require the participating agencies or 124.14 organizations to pay all or part of the costs thereof. All sums 124.15 of money received pursuant to the agreements herein authorized 124.16 shall not cancel until the end of the fiscal year immediately 124.17 following the fiscal year in which the funds were received. The 124.18 funds are available for use by the commissioner during that 124.19 period, and are hereby appropriated annually to the commissioner 124.20 of corrections for the purposes of this subdivision. 124.21 The commissioner of corrections may provide meals for staff 124.22 and visitors for efficiency of operation and may require such 124.23 participants to pay all or part of the costs of the meals. All 124.24 sums of money received under this provision are appropriated to 124.25 the commissioner of corrections and shall not cancel until the 124.26 end of the fiscal year immediately following the fiscal year in 124.27 which the funds were received. 124.28 Sec. 2. Minnesota Statutes 1996, section 241.01, is 124.29 amended by adding a subdivision to read: 124.30 Subd. 9. [LEASES FOR CORRECTIONAL FACILITY 124.31 PROPERTY.] Money collected as rent under section 16B.24, 124.32 subdivision 5, for state property at any of the correctional 124.33 facilities administered by the commissioner of corrections is 124.34 appropriated to the commissioner of corrections and is dedicated 124.35 to the correctional facility from which it is generated. Any 124.36 balance remaining at the end of the fiscal year shall not cancel 125.1 and is available until expended. 125.2 Sec. 3. Minnesota Statutes 1997 Supplement, section 125.3 241.015, is amended to read: 125.4 241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 125.5 Subdivision 1. [ANNUAL REPORT.] Notwithstanding section 125.6 15.91, the department of corrections must issue a performance 125.7 report by November 30 of each year. The issuance and content of 125.8 the report must conform with section 15.91. 125.9 Subd. 2. [RECIDIVISM ANALYSIS.] The report required by 125.10 subdivision 1 must include an evaluation and analysis of the 125.11 programming in all department of corrections facilities. This 125.12 evaluation and analysis shall include: 125.13 (1) a description of the vocational, work, and industries 125.14 programs and information on the recidivism rates for offenders 125.15 who participated in these types of programming; 125.16 (2) a description of the educational programs and 125.17 information on the recidivism rates for offenders who 125.18 participated in educational programming; and 125.19 (3) a description of the chemical dependency, sex offender, 125.20 and mental health treatment programs and information on the 125.21 recidivism rates for offenders who participated in these 125.22 treatment programs. 125.23 The analysis of recidivism rates shall include a breakdown 125.24 of recidivism rates for juvenile offenders, adult male 125.25 offenders, and adult female offenders. 125.26 Sec. 4. Minnesota Statutes 1996, section 241.05, is 125.27 amended to read: 125.28 241.05 [RELIGIOUSINSTRUCTIONACTIVITIES.] 125.29 The commissioner of corrections shallprovide at least one125.30hour, on the first day of each week, between 9:00 a.m. and 5:00125.31p.m., for religious instruction toallow inmates of all prisons 125.32 and reformatories under the commissioner's control to 125.33 participate in religious activities, during which members of the 125.34 clergy of good standing in any church or denomination may freely 125.35 administer and impart religious rites and instruction to those 125.36 desiringthe samethem.The commissioner shall provide a126.1private room where such instruction can be given by members of126.2the clergy of the denomination desired by the inmate, or, in126.3case of minors, by the parents or guardian, and, in case of126.4sickness, some other day or hour may be designated; but all126.5sectarian practices are prohibited, andNo officer or employee 126.6 of the institution shall attempt to influence the religious 126.7 belief of any inmate, andnoneno inmate shall be required to 126.8 attend religious services against the inmate's will. 126.9 Sec. 5. [241.268] [INMATE EMPLOYMENT.] 126.10 The commissioner of corrections shall not allow any 126.11 individual committed to the commissioner's custody to 126.12 participate in an industrial or commercial activity under 126.13 section 241.27 or to work for a private employer, unless: 126.14 (1) security at the place of employment is provided by the 126.15 state; 126.16 (2) the private employer provides its noninmate employees 126.17 with a total compensation and benefit package of similar value 126.18 to that provided by public employers to similarly situated 126.19 employees; 126.20 (3) the commissioner certifies in writing to the 126.21 appropriate bargaining unit that the inmate's work will not 126.22 result in the displacement of currently employed workers or 126.23 workers on seasonal layoff, including partial displacement such 126.24 as reduction in hours of nonovertime work, wages, or other 126.25 employment benefits; and 126.26 (4) the commissioner determines that, to the maximum extent 126.27 possible, fixtures, equipment, and materials that are necessary 126.28 to allow an inmate to participate in an industrial or commercial 126.29 activity under section 241.27 or to work for a private employer 126.30 are furnished by an entity not owned or operated by a state or 126.31 political subdivision. 126.32 This section does not apply to those inmates seeking or 126.33 engaged in private employment under section 241.26. 126.34 Sec. 6. [241.272] [SENTENCE TO SERVE.] 126.35 Whenever offenders are assigned for the purpose of work 126.36 under agreement with a state department or agency, local unit of 127.1 government, or other governmental subdivision, the state 127.2 department or agency, local unit of government, or other 127.3 governmental subdivision must certify in writing to the 127.4 appropriate bargaining agent that the work performed by the 127.5 inmates will not result in the displacement of currently 127.6 employed workers or workers on seasonal layoff or layoff from a 127.7 substantially equivalent position, including partial 127.8 displacement such as reduction in hours of nonovertime work, 127.9 wages, or other employment benefits. 127.10 Sec. 7. Minnesota Statutes 1997 Supplement, section 127.11 241.277, subdivision 9, is amended to read: 127.12 Subd. 9. [COSTS OF PROGRAM.] Counties sentencing offenders 127.13 to the program must pay 25 percent of the per diem expenses for 127.14 the offender. Per diem money received from the counties are 127.15 appropriated to the commissioner of corrections for expenses of 127.16 the program. Sums of money received by the commissioner of 127.17 corrections as authorized in this subdivision shall not cancel 127.18 until the end of the fiscal year immediately following the 127.19 fiscal year in which the funds were received by the 127.20 commissioner. The commissioner is responsible for all other 127.21 costs associated with the placement of offenders in the program, 127.22 including, but not limited to, the remaining per diem expenses 127.23 and the full cost of transporting offenders to and from the 127.24 program. 127.25 Sec. 8. [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 127.26 COUNTY JAIL INMATES.] 127.27 The commissioner of corrections, in the interest of inmate 127.28 rehabilitation, may enter into interagency agreements with 127.29 state, county, or municipal agencies, or contract with nonprofit 127.30 agencies to fund or partially fund the cost of programs which 127.31 use state or county jail inmates as a work force. The 127.32 commissioner is authorized to receive and deposit funds via 127.33 these agreements into the special revenue fund. The funds are 127.34 appropriated to partially or fully support those programs. The 127.35 commissioner may establish separate inmate accounts within those 127.36 programs. 128.1 Sec. 9. [241.85] [EDUCATIONAL ASSESSMENTS.] 128.2 Subdivision 1. [ASSESSMENT UPON ADMISSION TO CORRECTIONAL 128.3 FACILITY.] (a) The department of corrections shall conduct an 128.4 educational assessment of each juvenile admitted to a department 128.5 of corrections facility within 30 days of the juvenile's 128.6 admission to the facility. 128.7 (b) The department of corrections shall conduct an 128.8 educational assessment of each adult admitted to a department of 128.9 corrections facility within 60 days of an adult's admission to 128.10 the facility. 128.11 Subd. 2. [EDUCATIONAL ASSESSMENT.] The educational 128.12 assessment required under subdivision 1 shall determine each 128.13 offender's reading, writing, and mathematics ability by grade 128.14 level. 128.15 Subd. 3. [EDUCATIONAL PROGRAMMING.] If an adult offender's 128.16 educational assessment under subdivision 1 shows that the 128.17 offender does not meet the standards developed by the state 128.18 board of education under section 121.11, subdivision 7c, in 128.19 reading, writing, and mathematics, the program plan for the 128.20 adult offender must include educational programming to assist 128.21 the offender in developing these skills. Each juvenile 128.22 offender's program plan must include educational programming to 128.23 assist the juvenile in developing educational skills equivalent 128.24 to one year below the juvenile's grade level. Other educational 128.25 programming also shall be available in each facility for 128.26 offenders to address educational needs identified through the 128.27 assessment. 128.28 Subd. 4. [PREDISCHARGE TESTING.] The department of 128.29 corrections shall repeat the assessment required under 128.30 subdivision 2 in the 60-day period prior to each offender's 128.31 discharge from the facility. 128.32 Sec. 10. Minnesota Statutes 1997 Supplement, section 128.33 242.192, is amended to read: 128.34 242.192 [CHARGES TO COUNTIES.] 128.35 The commissioner shall charge counties or other appropriate 128.36 jurisdictions for the actual per diem cost of confinement, 129.1 excluding educational costs, of juveniles at the Minnesota 129.2 correctional facility-Red Wing. This charge applies to both 129.3 counties that participate in the Community Corrections Act and 129.4 those that do not. The commissioner shall annually determine 129.5 costs, making necessary adjustments to reflect the actual costs 129.6 of confinement. All money received under this section must be 129.7 deposited in the state treasury and credited to the general fund. 129.8 Sec. 11. Minnesota Statutes 1996, section 242.195, 129.9 subdivision 1, is amended to read: 129.10 Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The 129.11 commissioner of corrections shall provide for a range of sex 129.12 offender programs, including intensive sex offender programs, 129.13 for juveniles within state juvenile correctional facilities and 129.14 through purchase of service from county and private residential 129.15 and outpatient juvenile sex offender programs. 129.16 (b) The commissioner shall establish and operate a 129.17 residential sex offender program atone ofthestate juvenile129.18correctional facilitiesMinnesota correctional facility-Sauk 129.19 Centre. The program must be structured to address both the 129.20 therapeutic and disciplinary needs of juvenile sex offenders. 129.21 The program must afford long-term residential treatment for a 129.22 range of juveniles who have committed sex offenses and have 129.23 failed other treatment programs or are not likely to benefit 129.24 from an outpatient or a community-based residential treatment 129.25 program. 129.26 Sec. 12. Minnesota Statutes 1996, section 242.32, 129.27 subdivision 1, is amended to read: 129.28 Subdivision 1. [COMMUNITY-BASED PROGRAMMING.] The 129.29 commissioner of corrections shall be charged with the duty of 129.30 developing constructive programs for the prevention and decrease 129.31 of delinquency and crime among youth. To that end, the 129.32 commissioner shall cooperate with counties and existing agencies 129.33 to encourage the establishment of new programming, both local 129.34 and statewide, to provide a continuum of services for serious 129.35 and repeat juvenile offenders who do not require secure 129.36 placement. The commissioner shall work jointly with the 130.1 commissioner of human services and counties and municipalities 130.2 to develop and provide community-based services for residential 130.3 placement of juvenile offenders and community-based services for 130.4 nonresidential programming for juvenile offenders and their 130.5 families. 130.6 Notwithstanding any law to the contrary, the commissioner 130.7 of corrections is authorized to contract with counties placing 130.8 juveniles in the serious/chronic program, PREPARE, at the 130.9 Minnesota correctional facility-Red Wing to provide necessary 130.10 extended community transition programming. Funds resulting from 130.11 the contracts shall be deposited in the state treasury and are 130.12 appropriated to the commissioner of corrections for juvenile 130.13 correctional purposes. 130.14 Sec. 13. Minnesota Statutes 1997 Supplement, section 130.15 243.51, subdivision 1, is amended to read: 130.16 Subdivision 1. The commissioner of corrections is hereby 130.17 authorized to contract with agencies and bureaus of the United 130.18 States and with the proper officials of other states or a county 130.19 of this state for the custody, care, subsistence, education, 130.20 treatment and training of persons convicted of criminal offenses 130.21 constituting felonies in the courts of this state, the United 130.22 States, or other states of the United States. Such contracts 130.23 shall provide for reimbursing the state of Minnesota for all 130.24 costs or other expenses involved.Funds received under such130.25contracts shall be deposited in the state treasury and are130.26appropriated to the commissioner of corrections for correctional130.27purposes, including capital improvements.Any prisoner 130.28 transferred to the state of Minnesota pursuant to this 130.29 subdivision shall be subject to the terms and conditions of the 130.30 prisoner's original sentence as if the prisoner were serving the 130.31 same within the confines of the state in which the conviction 130.32 and sentence was had or in the custody of the United States. 130.33 Nothing herein shall deprive such inmate of the right to parole 130.34 or the rights to legal process in the courts of this state. 130.35 Sec. 14. Minnesota Statutes 1997 Supplement, section 130.36 243.51, subdivision 3, is amended to read: 131.1 Subd. 3. [TEMPORARY DETENTION.] The commissioner of 131.2 corrections is authorized to contract with agencies and bureaus 131.3 of the United States and with the appropriate officials of any 131.4 other state or county of this state for the temporary detention 131.5 of any person in custody pursuant to any process issued under 131.6 the authority of the United States, other states of the United 131.7 States, or the district courts of this state. The contract 131.8 shall provide for reimbursement to the state of Minnesota for 131.9 all costs and expenses involved.Money received under contracts131.10shall be deposited in the state treasury and are appropriated to131.11the commissioner of corrections for correctional purposes,131.12including capital improvements.131.13 Sec. 15. Minnesota Statutes 1996, section 243.51, is 131.14 amended by adding a subdivision to read: 131.15 Subd. 5. [SPECIAL REVENUE FUND.] Money received under 131.16 contracts authorized in subdivisions 1 and 3 shall be deposited 131.17 in the state treasury in an inmate housing account in the 131.18 special revenue fund. The money deposited in this account may 131.19 be expended only as provided by law. The purpose of this fund 131.20 is for correctional purposes, including housing inmates under 131.21 this section, and capital improvements. 131.22 Sec. 16. Minnesota Statutes 1996, section 390.11, 131.23 subdivision 2, is amended to read: 131.24 Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The 131.25 coroner may conduct an autopsy in the case of any human death 131.26 referred to in subdivision 1, clause (1) or (2), when the 131.27 coroner judges that the public interest requires an autopsy, 131.28 except that an autopsy must be conducted in all unattended 131.29 inmate deaths that occur in a state correctional facility. 131.30 Sec. 17. Minnesota Statutes 1997 Supplement, section 131.31 401.13, is amended to read: 131.32 401.13 [CHARGES MADE TO COUNTIES.] 131.33 Each participating county will be charged a sum equal to 131.34 the actual per diem cost of confinement, excluding educational 131.35 costs, of those juveniles committed to the commissioner and 131.36 confined in a state correctional facility. The commissioner 132.1 shall annually determine costs making necessary adjustments to 132.2 reflect the actual costs of confinement. The commissioner of 132.3 corrections shall bill the counties and deposit the receipts 132.4 from the counties in the general fund. All charges shall be a 132.5 charge upon the county of commitment. 132.6 Sec. 18. Laws 1997, chapter 239, article 9, section 43, is 132.7 amended to read: 132.8 Sec. 43. [OPERATION OF SAUK CENTRE.] 132.9 (a) After December 30, 1998, the Minnesota correctional 132.10 facility-Sauk Centre may no longer confine juvenile male 132.11 offenders who are committed to the commissioner's custody, 132.12 except for juvenile male offenders who are in the residential 132.13 sex offender program operated under Minnesota Statutes, section 132.14 242.195. By January 1, 1999, male juvenile offenders who are 132.15 committed to the commissioner's custody must be transferred from 132.16 Sauk Centre to the Minnesota correctional facility-Red Wing, or 132.17 upon order of the juvenile court, to an appropriate county 132.18 placement, notwithstanding Minnesota Statutes, section 260.185. 132.19 (b) After December 30, 1998, the commissioner of 132.20 corrections may operate the facility in any manner not 132.21 inconsistent with this section. 132.22 Sec. 19. [ACCOUNT BALANCE.] 132.23 As of June 30, 1999, any balance remaining in the account 132.24 containing money received through contracts authorized by 132.25 Minnesota Statutes, section 243.51, subdivisions 1 and 3, is 132.26 transferred to the inmate housing account in the special revenue 132.27 fund. 132.28 Sec. 20. [REPORT REQUIRED.] 132.29 (a) By February 1, 1999, the commissioner of corrections 132.30 shall report to the house and senate committees having 132.31 jurisdiction over criminal justice policy and funding on how the 132.32 department of corrections intends to collect information on job 132.33 placement rates of inmates who have been discharged from 132.34 department of corrections facilities. This report shall include 132.35 information on how the department of corrections can collect 132.36 summary data on job placement rates of former inmates who are on 133.1 supervised release, including the types of jobs for which 133.2 inmates have been hired and the wages earned by the inmates. 133.3 The report also shall include information on the predischarge or 133.4 postdischarge assistance that would assist inmates in obtaining 133.5 employment. 133.6 (b) "Summary data" has the meaning given in section 13.02, 133.7 subdivision 19. 133.8 Sec. 21. [HEALTH CARE COST REDUCTIONS.] 133.9 The commissioner of corrections shall report to the 133.10 legislature by December 15, 1998, on progress in implementing 133.11 initiatives related to: 133.12 (1) a review of the current system; 133.13 (2) development of requests for proposals to consolidate 133.14 contracts, negotiate discounts, regionalize health care 133.15 delivery, reduce transportation costs, and implement other 133.16 health care cost containment initiatives; 133.17 (3) formalization of utilization review requirements; 133.18 (4) expansion of telemedicine; and 133.19 (5) increasing the cost-effective use of infirmary services. 133.20 The report must also include the results of strategic planning 133.21 efforts, including but not limited to planning efforts to 133.22 improve fiscal management, improve recordkeeping and data 133.23 collection, expand infirmary services, and expand mental health 133.24 services. 133.25 Sec. 22. [REPEALER.] 133.26 (a) Minnesota Statutes 1997 Supplement, section 243.51, 133.27 subdivision 4, is repealed. 133.28 (b) Laws 1997, chapter 239, article 9, section 44, is 133.29 repealed. 133.30 Sec. 23. [EFFECTIVE DATE.] 133.31 Sections 1, 2, 7, 8, and 12 are effective the day following 133.32 final enactment. Sections 13 to 15, 19, and 22, paragraph (a), 133.33 are effective July 1, 1999. 133.34 ARTICLE 10 133.35 JUVENILES 133.36 Section 1. Minnesota Statutes 1997 Supplement, section 134.1 242.32, subdivision 4, is amended to read: 134.2 Subd. 4. [EXCEPTION.] The 100-bed limitation in 134.3 subdivision 3 does not apply to: 134.4 (1) up to 32 beds constructed and operated for long-term 134.5 residential secure programming by a privately operated facility 134.6 licensed by the commissioner in Rock county, Minnesota; and 134.7 (2) the campus at the state juvenile correctional facility 134.8 at Red Wing, Minnesota. 134.9 Sec. 2. Minnesota Statutes 1997 Supplement, section 134.10 260.015, subdivision 2a, is amended to read: 134.11 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 134.12 "Child in need of protection or services" means a child who is 134.13 in need of protection or services because the child: 134.14 (1) is abandoned or without parent, guardian, or custodian; 134.15 (2)(i) has been a victim of physical or sexual abuse, (ii) 134.16 resides with or has resided with a victim of domestic child 134.17 abuse as defined in subdivision 24, (iii) resides with or would 134.18 reside with a perpetrator of domestic child abuse or child abuse 134.19 as defined in subdivision 28, or (iv) is a victim of emotional 134.20 maltreatment as defined in subdivision 5a; 134.21 (3) is without necessary food, clothing, shelter, 134.22 education, or other required care for the child's physical or 134.23 mental health or morals because the child's parent, guardian, or 134.24 custodian is unable or unwilling to provide that care; 134.25 (4) is without the special care made necessary by a 134.26 physical, mental, or emotional condition because the child's 134.27 parent, guardian, or custodian is unable or unwilling to provide 134.28 that care; 134.29 (5) is medically neglected, which includes, but is not 134.30 limited to, the withholding of medically indicated treatment 134.31 from a disabled infant with a life-threatening condition. The 134.32 term "withholding of medically indicated treatment" means the 134.33 failure to respond to the infant's life-threatening conditions 134.34 by providing treatment, including appropriate nutrition, 134.35 hydration, and medication which, in the treating physician's or 134.36 physicians' reasonable medical judgment, will be most likely to 135.1 be effective in ameliorating or correcting all conditions, 135.2 except that the term does not include the failure to provide 135.3 treatment other than appropriate nutrition, hydration, or 135.4 medication to an infant when, in the treating physician's or 135.5 physicians' reasonable medical judgment: 135.6 (i) the infant is chronically and irreversibly comatose; 135.7 (ii) the provision of the treatment would merely prolong 135.8 dying, not be effective in ameliorating or correcting all of the 135.9 infant's life-threatening conditions, or otherwise be futile in 135.10 terms of the survival of the infant; or 135.11 (iii) the provision of the treatment would be virtually 135.12 futile in terms of the survival of the infant and the treatment 135.13 itself under the circumstances would be inhumane; 135.14 (6) is one whose parent, guardian, or other custodian for 135.15 good cause desires to be relieved of the child's care and 135.16 custody; 135.17 (7) has been placed for adoption or care in violation of 135.18 law; 135.19 (8) is without proper parental care because of the 135.20 emotional, mental, or physical disability, or state of 135.21 immaturity of the child's parent, guardian, or other custodian; 135.22 (9) is one whose behavior, condition, or environment is 135.23 such as to be injurious or dangerous to the child or others. An 135.24 injurious or dangerous environment may include, but is not 135.25 limited to, the exposure of a child to criminal activity in the 135.26 child's home; 135.27 (10) has committed a delinquent act or a juvenile petty 135.28 offense before becoming ten years old; 135.29 (11) is a runaway; 135.30 (12) is an habitual truant; 135.31 (13) has been found incompetent to proceed or has been 135.32 found not guilty by reason of mental illness or mental 135.33 deficiency in connection with a delinquency proceeding, a 135.34 certification under section 260.125, an extended jurisdiction 135.35 juvenile prosecution, or a proceeding involving a juvenile petty 135.36 offense; 136.1 (14) is one whose custodial parent's parental rights to 136.2 another child have been involuntarily terminated within the past 136.3 five years;or136.4 (15) has been found by the court to have committed domestic 136.5 abuse perpetrated by a minor under Laws 1997, chapter 239, 136.6 article 10, sections 2 to 26, has been ordered excluded from the 136.7 child's parent's home by an order for protection/minor 136.8 respondent, and the parent or guardian is either unwilling or 136.9 unable to provide an alternative safe living arrangement for the 136.10 child; or 136.11 (16) has engaged in prostitution, as defined in section 136.12 609.321, subdivision 9. 136.13 Sec. 3. Minnesota Statutes 1996, section 260.015, 136.14 subdivision 21, is amended to read: 136.15 Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 136.16 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 136.17 alcohol offense, a juvenile controlled substance offense, a 136.18 violation of section 609.685, or a violation of a local 136.19 ordinance, which by its terms prohibits conduct by a child under 136.20 the age of 18 years which would be lawful conduct if committed 136.21 by an adult. 136.22 (b) Except as otherwise provided in paragraph (c), 136.23 "juvenile petty offense" also includes an offense that would be 136.24 a misdemeanor if committed by an adult. 136.25 (c) "Juvenile petty offense" does not include any of the 136.26 following: 136.27 (1) a misdemeanor-level violation of section 588.20, 136.28 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 136.29 609.79, or 617.23; 136.30 (2) a major traffic offense or an adult court traffic 136.31 offense, as described in section 260.193; 136.32 (3) a misdemeanor-level offense committed by a child whom 136.33 the juvenile court previously has found to have committed a 136.34 misdemeanor, gross misdemeanor, or felony offense; or 136.35 (4) a misdemeanor-level offense committed by a child whom 136.36 the juvenile court has found to have committed a 137.1 misdemeanor-level juvenile petty offense on two or more prior 137.2 occasions, unless the county attorney designates the child on 137.3 the petition as a juvenile petty offender notwithstanding this 137.4 prior record. As used in this clause, "misdemeanor-level 137.5 juvenile petty offense" includes a misdemeanor-level offense 137.6 that would have been a juvenile petty offense if it had been 137.7 committed on or after July 1, 1995. 137.8 (d) A child who commits a juvenile petty offense is a 137.9 "juvenile petty offender." 137.10 Sec. 4. Minnesota Statutes 1996, section 260.131, is 137.11 amended by adding a subdivision to read: 137.12 Subd. 5. [CONCURRENT JURISDICTION.] When a petition is 137.13 filed alleging that a child has engaged in prostitution as 137.14 defined in section 609.321, subdivision 9, the county attorney 137.15 shall determine whether concurrent jurisdiction is necessary to 137.16 provide appropriate intervention and, if so, proceed to file a 137.17 petition alleging the child to be both delinquent and in need of 137.18 protection or services. 137.19 Sec. 5. Minnesota Statutes 1996, section 260.155, 137.20 subdivision 1, is amended to read: 137.21 Subdivision 1. [GENERAL.] (a) Except for hearings arising 137.22 under section260.261260.315, hearings on any matter shall be 137.23 without a jury and may be conducted in an informal manner, 137.24 except that a child who is prosecuted as an extended 137.25 jurisdiction juvenile has the right to a jury trial on the issue 137.26 of guilt. The rules of evidence promulgated pursuant to section 137.27 480.0591 and the law of evidence shall apply in adjudicatory 137.28 proceedings involving a child alleged to be delinquent, an 137.29 extended jurisdiction juvenile, or a juvenile petty offender, 137.30 and hearings conducted pursuant to section 260.125 except to the 137.31 extent that the rules themselves provide that they do not 137.32 apply. In all adjudicatory proceedings involving a child 137.33 alleged to be in need of protection or services, the court shall 137.34 admit only evidence that would be admissible in a civil trial. 137.35 To be proved at trial, allegations of a petition alleging a 137.36 child to be in need of protection or services must be proved by 138.1 clear and convincing evidence. 138.2 (b) Except for proceedings involving a child alleged to be 138.3 in need of protection or services and petitions for the 138.4 termination of parental rights, hearings may be continued or 138.5 adjourned from time to time. In proceedings involving a child 138.6 alleged to be in need of protection or services and petitions 138.7 for the termination of parental rights, hearings may not be 138.8 continued or adjourned for more than one week unless the court 138.9 makes specific findings that the continuance or adjournment is 138.10 in the best interests of the child. If a hearing is held on a 138.11 petition involving physical or sexual abuse of a child who is 138.12 alleged to be in need of protection or services or neglected and 138.13 in foster care, the court shall file the decision with the court 138.14 administrator as soon as possible but no later than 15 days 138.15 after the matter is submitted to the court. When a continuance 138.16 or adjournment is ordered in any proceeding, the court may make 138.17 any interim orders as it deems in the best interests of the 138.18 minor in accordance with the provisions of sections 260.011 to 138.19 260.301. 138.20 (c) Except as otherwise provided in this paragraph, the 138.21 court shall exclude the general public from hearings under this 138.22 chapter and shall admit only those persons who, in the 138.23 discretion of the court, have a direct interest in the case or 138.24 in the work of the court. The court shall permit the victim of 138.25 a child's delinquent act to attend any delinquency proceeding 138.26 the victim chooses, except that the court may exclude the victim: 138.27 (1) as a witness under rule 26.03, subdivision 7, of the 138.28 Rules of Criminal Procedure; and 138.29 (2) from portions of a certification hearing to discuss 138.30 psychological material or other evidence that would not be 138.31 accessible to the public in an adult proceeding. 138.32 The court shall open the hearings to the public in delinquency 138.33 or extended jurisdiction juvenile proceedings where the child is 138.34 alleged to have committedan offensea delinquent act or has 138.35 been proven to have committedan offense that would be a felony138.36if committed by an adulta delinquent act and the child was at 139.1 least1614 years of age at the time of theoffensedelinquent 139.2 act, except that the court may exclude the public from portions 139.3 of a certification hearing to discuss psychological material or 139.4 other evidence that would not be accessible to the public in an 139.5 adult proceeding. 139.6 (d) In all delinquency cases a person named in the charging 139.7 clause of the petition as a person directly damaged in person or 139.8 property shall be entitled, upon request, to be notified by the 139.9 court administrator in writing, at the named person's last known 139.10 address, of (1) the date of the certification or adjudicatory 139.11 hearings, and (2) the disposition of the case. 139.12 (e) Adoption hearings shall be conducted in accordance with 139.13 the provisions of laws relating to adoptions. 139.14 Sec. 6. Minnesota Statutes 1997 Supplement, section 139.15 260.161, subdivision 2, is amended to read: 139.16 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as 139.17 otherwise provided in this section, and except for legal records 139.18 arising from proceedings or portions of proceedings that are 139.19 public under section 260.155, subdivision 1, none of the records 139.20 of the juvenile court and none of the records relating to an 139.21 appeal from a nonpublic juvenile court proceeding, except the 139.22 written appellate opinion, shall be open to public inspection or 139.23 their contents disclosed except(a): 139.24 (1) by order of a court, (b); 139.25 (2) as required by sections 245A.04, 611A.03, 611A.04, 139.26 611A.06, and 629.73, or (c) the name of a juvenile who is the139.27subject of a delinquency petition shall be released to; 139.28 (3) the victim oftheany alleged delinquent act may obtain 139.29 the information specified in clause (4), subclauses (i) to (vi), 139.30 upon the victim's request;, unless it reasonably appears that 139.31 the request is prompted by a desire on the part of the requester 139.32 to engage in unlawful activities; and 139.33 (4) in the case of a juvenile who has two or more prior 139.34 delinquency adjudications for felony-level or gross 139.35 misdemeanor-level delinquent acts and who is alleged by 139.36 delinquency petition to have committed a felony-level or gross 140.1 misdemeanor-level offense before reaching 14 years of age, the 140.2 following data shall be public until the juvenile reaches age 140.3 21, unless the petition is dismissed: 140.4 (i) the name and birthdate of the juvenile; 140.5 (ii) the act for which the juvenile was petitioned and date 140.6 of the offense; 140.7 (iii) the date and county where the petition was filed; 140.8 (iv) whether the juvenile was referred to a diversion 140.9 program, the petition was continued for dismissal or continued 140.10 without adjudication, or the juvenile was adjudicated 140.11 delinquent; 140.12 (v) the disposition, including, but not limited to, 140.13 diversion, probation and conditions of probation, detention, 140.14 fines, or restitution; and 140.15 (vi) the felony-level or gross misdemeanor-level acts for 140.16 which the juvenile previously was adjudicated delinquent and the 140.17 dispositions the juvenile received for those acts. 140.18 The records of juvenile probation officers and county home 140.19 schools are records of the court for the purposes of this 140.20 subdivision. Court services data relating to delinquent acts 140.21 that are contained in records of the juvenile court may be 140.22 released as allowed under section 13.84, subdivision 5a. This 140.23 subdivision applies to all proceedings under this chapter, 140.24 including appeals from orders of the juvenile court, except that 140.25 this subdivision does not apply to proceedings under section 140.26 260.255, 260.261,or 260.315 when the proceeding involves an 140.27 adult defendant. The court shall maintain the confidentiality 140.28 of adoption files and records in accordance with the provisions 140.29 of laws relating to adoptions. In juvenile court proceedings 140.30 any report or social history furnished to the court shall be 140.31 open to inspection by the attorneys of record and the guardian 140.32 ad litem a reasonable time before it is used in connection with 140.33 any proceeding before the court. 140.34 When a judge of a juvenile court, or duly authorized agent 140.35 of the court, determines under a proceeding under this chapter 140.36 that a child has violated a state or local law, ordinance, or 141.1 regulation pertaining to the operation of a motor vehicle on 141.2 streets and highways, except parking violations, the judge or 141.3 agent shall immediately report the violation to the commissioner 141.4 of public safety. The report must be made on a form provided by 141.5 the department of public safety and must contain the information 141.6 required under section 169.95. 141.7 Sec. 7. Minnesota Statutes 1997 Supplement, section 141.8 260.165, subdivision 1, is amended to read: 141.9 Subdivision 1. No child may be taken into immediate 141.10 custody except: 141.11 (a) With an order issued by the court in accordance with 141.12 the provisions of section 260.135, subdivision 5, or Laws 1997, 141.13 chapter 239, article 10, section 10, paragraph (a), clause (3), 141.14 or 12, paragraph (a), clause (3), or by a warrant issued in 141.15 accordance with the provisions of section 260.145; or 141.16 (b) In accordance with the laws relating to arrests; or 141.17 (c) By a peace officer 141.18 (1) when a child has run away from a parent, guardian, or 141.19 custodian, or when the peace officer reasonably believes the 141.20 child has run away from a parent, guardian, or custodian; or 141.21 (2) when a child is found in surroundings or conditions 141.22 which endanger the child's health or welfare or which such peace 141.23 officer reasonably believes will endanger the child's health or 141.24 welfare. If an Indian child is a resident of a reservation or 141.25 is domiciled on a reservation but temporarily located off the 141.26 reservation, the taking of the child into custody under this 141.27 clause shall be consistent with the Indian Child Welfare Act of 141.28 1978, United States Code, title 25, section 1922; 141.29 (d) By a peace officer or probation or parole officer when 141.30 it is reasonably believed that the child has violated the terms 141.31 of probation, parole, or other field supervision; or 141.32 (e) By a peace officer or probation officer under section 141.33 260.132, subdivision 1 or 4. 141.34 Sec. 8. Minnesota Statutes 1996, section 260.165, is 141.35 amended by adding a subdivision to read: 141.36 Subd. 2a. [PROTECTIVE PAT-DOWN SEARCH OF CHILD 142.1 AUTHORIZED.] (a) A peace officer who takes a child of any age or 142.2 gender into custody under the provisions of this section is 142.3 authorized to perform a protective pat-down search of the child 142.4 in order to protect the officer's safety. 142.5 (b) A peace officer also may perform a protective pat-down 142.6 search of a child in order to protect the officer's safety in 142.7 circumstances where the officer does not intend to take the 142.8 child into custody, if this section authorizes the officer to 142.9 take the child into custody. 142.10 (c) Evidence discovered in the course of a lawful search 142.11 under this section is admissible. 142.12 Sec. 9. Minnesota Statutes 1996, section 260.255, is 142.13 amended to read: 142.14 260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO 142.15 DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR 142.16 PROTECTION OR SERVICES; COURT ORDERS.] 142.17 Subdivision 1. [JURISDICTION.] The juvenile court has 142.18 civil jurisdiction over persons contributing to the delinquency, 142.19 status as a juvenile petty offender, or need for protection or 142.20 services of a child under the provisions ofsubdivision 2 or 3142.21 this section. 142.22 Subd. 1a. [PETITION; ORDER TO SHOW CAUSE.] A request for 142.23 jurisdiction over a person described in subdivision 1 shall be 142.24 initiated by the filing of a verified complaint by the county 142.25 attorney having jurisdiction over the place where the child is 142.26 found, resides, or where the alleged act of contributing 142.27 occurred. The petition shall allege the factual basis for the 142.28 claim that the person is contributing to the child's 142.29 delinquency, status as a juvenile petty offender, or need for 142.30 protection or services. If the court determines, upon review of 142.31 the verified petition, that probable cause exists to believe 142.32 that the person has contributed to the child's delinquency, 142.33 status as a juvenile petty offender, or need for protection or 142.34 services, the court shall issue an order to show cause why the 142.35 person should not be subject to the jurisdiction of the court. 142.36 The order to show cause and a copy of the verified petition 143.1 shall be served personally upon the person and shall set forth 143.2 the time and place of the hearing to be conducted under 143.3 subdivision 2. 143.4 Subd. 2. [HEARING.]If in(a) The court shall conduct a 143.5 hearing on the petition in accordance with the procedures 143.6 contained in paragraph (b). 143.7 (b) Hearings under this subdivision shall be without a jury. 143.8 The rules of evidence promulgated pursuant to section 480.0591 143.9 and the provisions under section 260.156 shall apply. In all 143.10 proceedings under this section, the court shall admit only 143.11 evidence that would be admissible in a civil trial. When the 143.12 respondent is an adult, hearings under this subdivision shall be 143.13 open to the public. Hearings shall be conducted within five 143.14 days of personal service of the order to show cause and may be 143.15 continued for a reasonable period of time if a continuance is in 143.16 the best interest of the child or in the interests of justice. 143.17 (c) At the conclusion of the hearingof a case of a child143.18alleged to be delinquent or in need of protection or services it143.19appears, if the court finds by a fair preponderance of the 143.20 evidence thatany person has violated the provisions ofthe 143.21 person has contributed to the child's delinquency, status as a 143.22 juvenile petty offender, or need for protection or services, as 143.23 defined in section 260.315, the court may make any of the 143.24 following orders: 143.25(a)(1) restrain the person from any further act or 143.26 omission in violation of section 260.315;or143.27(b)(2) prohibit the person from associating or 143.28 communicating in any manner with the child;or143.29(c) Provide for the maintenance or care of the child, if143.30the person is responsible for such, and direct when, how, and143.31where money for such maintenance or care shall be paid.143.32 (3) require the person to participate in evaluation or 143.33 services determined necessary by the court to correct the 143.34 conditions that contributed to the child's delinquency, status 143.35 as a juvenile petty offender, or need for protection or 143.36 services; 144.1 (4) require the person to provide supervision, treatment, 144.2 or other necessary care; 144.3 (5) require the person to pay restitution to a victim for 144.4 pecuniary damages arising from an act of the child relating to 144.5 the child's delinquency, status as a juvenile petty offender, or 144.6 need for protection or services; 144.7 (6) require the person to pay the cost of services provided 144.8 to the child or for the child's protection; or 144.9 (7) require the person to provide for the child's 144.10 maintenance or care if the person is responsible for the 144.11 maintenance or care, and direct when, how, and where money for 144.12 the maintenance or care shall be paid. If the person is 144.13 receiving public assistance for the child's maintenance or care, 144.14 the court shall authorize the public agency responsible for 144.15 administering the public assistance funds to make payments 144.16 directly to vendors for the cost of food, shelter, medical care, 144.17 utilities, and other necessary expenses. 144.18 Subd. 3. [CRIMINAL PROCEEDINGS.]Before making any order144.19under subdivision 2 the court shall issue an order to show144.20cause, either upon its own motion or upon a verified petition,144.21specifying the charges made against the person and fixing the144.22time and place of the hearing. The order to show cause shall be144.23served personally and shall be heard in the same manner as144.24provided in other cases in the juvenile court.The county 144.25 attorney may bring both a criminal proceeding under section 144.26 260.315 and a civil action under this section. 144.27 Sec. 10. Minnesota Statutes 1996, section 260.315, is 144.28 amended to read: 144.29 260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR 144.30 PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR 144.31 DELINQUENCY.] 144.32 Subdivision 1. [CRIMES.] (a) Any person who by act, word, 144.33 or omission encourages, causes, or contributes to the need for 144.34 protection or services or delinquency of a child, or to a 144.35 child's status as a juvenile petty offender, is guilty of 144.36 a gross misdemeanor. 145.1 (b) This section does not apply to licensed social service 145.2 agencies and outreach workers who, while acting within the scope 145.3 of their professional duties, provide services to runaway 145.4 children. 145.5 Subd. 2. [COMPLAINT; VENUE.] A complaint under this 145.6 section may be filed by the county attorney having jurisdiction 145.7 where the child is found or where a juvenile delinquency, child 145.8 protection, or juvenile petty offender matter concerning the 145.9 child is filed. The complaint shall be filed in the juvenile 145.10 court. A prior or pending petition alleging that the child is 145.11 delinquent, a juvenile petty offender, or in need of protection 145.12 or services is not a prerequisite to a complaint or a conviction 145.13 under this section. 145.14 Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to 145.15 be delinquent or a juvenile petty offender, or if the child's 145.16 conduct is the basis for the child's need for protection or 145.17 services, it is an affirmative defense to a prosecution under 145.18 subdivision 1 if the defendant proves, by a preponderance of the 145.19 evidence, that the defendant took reasonable steps to control 145.20 the child's conduct. 145.21 Sec. 11. Minnesota Statutes 1997 Supplement, section 145.22 299C.095, subdivision 1, is amended to read: 145.23 Subdivision 1. [ACCESS.] (a) The bureau shall administer 145.24 and maintain the computerized juvenile history record system 145.25 based on section 260.161 and other statutes requiring the 145.26 reporting of data on juveniles. Except as otherwise provided by 145.27 section 260.161, subdivision 2, the data in the system are 145.28 private data as defined in section 13.02, subdivision 12, but. 145.29 The data classified as private are accessible to criminal 145.30 justice agencies as defined in section 13.02, subdivision 3a, to 145.31 all trial courts and appellate courts, to a person who has 145.32 access to the juvenile court records as provided in section 145.33 260.161 or under court rule and to criminal justice agencies in 145.34 other states in the conduct of their official duties. 145.35 (b) Except for access authorized under paragraph (a), the 145.36 bureau shall only disseminate a juvenile adjudication history 146.1 record in connection with a background check required by statute 146.2 or rule and performed on a licensee, license applicant, or 146.3 employment applicant or performed under section 624.713. A 146.4 consent for release of information from an individual who is the 146.5 subject of a juvenile adjudication history is not effective and 146.6 the bureau shall not release a juvenile adjudication history 146.7 record and shall not release information in a manner that 146.8 reveals the existence of the record. 146.9 Sec. 12. Laws 1997, chapter 239, article 1, section 12, 146.10 subdivision 3, is amended to read: 146.11 Subd. 3. Juvenile Services 146.12 17,070,000 17,790,000 146.13 $500,000 each year is to plan for and 146.14 establish a weekend camp program at 146.15 Camp Ripley designed for first- or 146.16 second-timemalejuvenile offenders and 146.17 youth at risk. All youth shall be ages 146.18 11 to 14. The commissioner shall 146.19 develop eligibility standards for the 146.20 program. The camp shall be a highly 146.21 structured program and teach work 146.22 skills, such as responsibility, 146.23 organization, time management, and 146.24 follow-through. Thejuvenile offenders146.25 juveniles will each develop a community 146.26 service plan that will be implemented 146.27 upon return to the community. The 146.28 program shall receive referrals from 146.29 youth service agencies, police, school 146.30 officials, parents, and the courts. By 146.31 January 15, 1998, the commissioner 146.32 shall report to the chairs of the house 146.33 and senate criminal justice funding 146.34 divisions a proposed budget for this 146.35 camp program for the second year of the 146.36 fiscal biennium and shall include a 146.37 description of the proposed outcomes 146.38 for the program. 146.39 $100,000 the first year is to conduct 146.40 planning for and evaluation of 146.41 additional camp programs and aftercare 146.42 services for juvenile offenders, 146.43 including, but not limited to, the 146.44 Vision Quest program and a three-week 146.45 work camp. 146.46 $500,000 the first year is to renovate 146.47 two cottages at the Minnesota 146.48 correctional facility-Red Wing. 146.49 $1,021,000 the second year is to 146.50 transfer the sex offender program from 146.51 the Minnesota correctional 146.52 facility-Sauk Centre and operate it at 146.53 the Minnesota correctional facility-Red 146.54 Wing. 146.55 $333,000 the second year is for housing 147.1 and programming for female juvenile 147.2 offenders committed to the commissioner 147.3 of corrections. 147.4 $130,000 the first year and $130,000 147.5 the second year are to improve 147.6 aftercare services for juveniles 147.7 released from correctional facilities 147.8by adding two professional and one147.9clerical positions. 147.10 The commissioner shall design the 147.11 juvenile support network to provide 147.12 aftercare services for these 147.13 offenders. The network must coordinate 147.14 support services in the community for 147.15 returning juveniles. Counties, 147.16 communities, and schools must develop 147.17 and implement the network. The 147.18 commissioner shall require aftercare 147.19 programs to be incorporated into 147.20 Community Corrections Act plans. 147.21 Sec. 13. [STATE COURT ADMINISTRATOR'S REPORT.] 147.22 The state court administrator shall annually prepare and 147.23 present to the chairs of the house judiciary committee and the 147.24 senate crime prevention committee aggregate data by judicial 147.25 district on juvenile delinquency petitions. The report shall 147.26 include, but need not be limited to, information on the act for 147.27 which a delinquency petition is filed, the age of the juvenile, 147.28 the county where the petition was filed, the outcome of the 147.29 petition, such as dismissal, continuance for dismissal, 147.30 continuance without adjudication, and the disposition of the 147.31 petition such as diversion, detention, probation, restitution, 147.32 or fine. 147.33 The report shall be prepared on a calendar year basis and 147.34 shall be submitted annually beginning July 1, 1999. 147.35 Sec. 14. [LICENSING MORATORIUM; JUVENILE FACILITIES.] 147.36 Subdivision 1. [MORATORIUM; COMMISSIONER OF CORRECTIONS.] 147.37 Except as provided in subdivision 4, the commissioner of 147.38 corrections may not: 147.39 (1) issue any license under section 241.021 to operate a 147.40 new correctional facility for the detention or confinement of 147.41 juvenile offenders that will include more than 25 beds for 147.42 juveniles; or 147.43 (2) renew a license under section 241.021 to operate a 147.44 correctional facility licensed before the effective date of this 148.1 moratorium, for the detention or confinement of juvenile 148.2 offenders, if the number of beds in the facility will increase 148.3 by more than 25 beds since the time the most recent license was 148.4 issued. 148.5 Subd. 2. [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] 148.6 Except as provided in subdivision 4, the commissioner of human 148.7 services may not: 148.8 (1) issue any license under Minnesota Rules, parts 148.9 9545.0905 to 9545.1125, for the residential placement of 148.10 juveniles at a facility that will include more than 25 beds for 148.11 juveniles; or 148.12 (2) renew a license under Minnesota Rules, parts 9545.0905 148.13 to 9545.1125, for the residential placement of juveniles at a 148.14 facility licensed before the effective date of this moratorium, 148.15 if the number of beds in the facility will increase by more than 148.16 25 beds since the time the most recent license was issued. 148.17 Subd. 3. [MORATORIUM; OTHER BEDS.] Except as provided in 148.18 subdivision 4, no state agency may: 148.19 (1) issue a license for any new facility that will provide 148.20 an out-of-home placement for more than 25 juveniles at one time; 148.21 or 148.22 (2) renew a license for any existing facility licensed 148.23 before the effective date of this moratorium, if the number of 148.24 beds in the facility will increase by more than 25 beds since 148.25 the time the most recent license was issued. 148.26 For the purposes of this subdivision, "juvenile" means a 148.27 delinquent child, as defined in section 260.015, subdivision 5; 148.28 a juvenile petty offender, as defined in section 260.015, 148.29 subdivision 21; or a child in need of protection or services, as 148.30 defined in section 260.015, subdivision 2a. 148.31 Subd. 4. [EXEMPTIONS.] The moratorium in this section does 148.32 not apply to: 148.33 (1) any secure juvenile detention and treatment facility, 148.34 which is funded in part through a grant under 1994 Minnesota 148.35 Laws, chapter 643, section 79; 148.36 (2) the department of corrections facilities at Red Wing 149.1 and Sauk Centre; 149.2 (3) the proposed department of corrections facility at Camp 149.3 Ripley; 149.4 (4) any facility that submitted a formal request for 149.5 licensure under section 241.021 before December 31, 1997; 149.6 (5) any residential academy receiving state funding for 149.7 fiscal year 1998 or 1999 for capital improvements; and 149.8 (6) a license that replaces an existing license issued by 149.9 the commissioner of health to a psychiatric hospital in Rice 149.10 county that primarily serves children and adolescents, which new 149.11 license replaces one-for-one the number of beds previously 149.12 licensed by the commissioner of health. 149.13 Subd. 5. [MORATORIUM; LENGTH.] The moratorium in this 149.14 section stays in effect until June 30, 1999. 149.15 Sec. 15. [JUVENILE PLACEMENT STUDY.] 149.16 The legislative audit commission is requested to direct the 149.17 legislative auditor to conduct a study of juvenile out-of-home 149.18 placements. The study must include: 149.19 (1) an evaluation of existing placements for juveniles, 149.20 including, but not limited to, the number of beds at each 149.21 facility, the average number of beds occupied each day at each 149.22 facility, and the location of each facility, and an analysis of 149.23 the projected need for an increased number of beds for juvenile 149.24 out-of-home placements, including the geographic area where beds 149.25 will be needed; 149.26 (2) an evaluation of existing services and programming 149.27 provided in juvenile out-of-home placements and an assessment of 149.28 the types of services and programming that are needed in 149.29 juvenile out-of-home placements, by geographic area; 149.30 (3) an evaluation of the utilization of continuum of care; 149.31 (4) an assessment of the reasons why juveniles are placed 149.32 outside their homes; 149.33 (5) a summary of the demographics of juveniles placed 149.34 outside their homes, by county, including information on race, 149.35 gender, age, and other relevant factors; 149.36 (6) a summary of the geographic distance between the 150.1 juvenile's home and the location of the out-of-home placement, 150.2 including observations for the reasons a juvenile was placed at 150.3 a particular location; 150.4 (7) a determination of the average length of time that a 150.5 juvenile in Minnesota spends in an out-of-home placement and a 150.6 determination of the average length of time that a juvenile 150.7 spends in each type of out-of-home placement, including, but not 150.8 limited to, residential treatment centers, correctional 150.9 facilities, and group homes; 150.10 (8) a determination of the completion rates of juveniles 150.11 participating in programming in out-of-home placements and an 150.12 analysis of the reasons for noncompletion of programming; 150.13 (9) a determination of the percentage of juveniles whose 150.14 out-of-home placement ends due to the juvenile's failure to meet 150.15 the rules and conditions of the out-of-home placement and an 150.16 analysis of the reasons the juvenile failed; 150.17 (10) an analysis of the effectiveness of the juvenile 150.18 out-of-home placement, including information on recidivism, 150.19 where applicable, and the child's performance after returning to 150.20 the child's home; 150.21 (11) an estimate of the cost each county spends on juvenile 150.22 out-of-home placements; 150.23 (12) a description and examination of the per diem 150.24 components per offender at state, local, and private facilities 150.25 providing placements for juveniles; and 150.26 (13) any other issues that may affect juvenile out-of-home 150.27 placements. 150.28 If the commission directs the auditor to conduct this 150.29 study, the auditor shall report its findings to the chairs of 150.30 the house and senate committees and divisions with jurisdiction 150.31 over criminal justice policy and funding by January 15, 1999. 150.32 Sec. 16. [REPEALER.] 150.33 Minnesota Statutes 1996, section 260.261, is repealed. 150.34 Sec. 17. [EFFECTIVE DATE.] 150.35 Sections 1, 7, 8, 12, 14, and 15 are effective the day 150.36 following final enactment. Sections 2 to 6, 9 to 11, 13, and 16 151.1 are effective August 1, 1998, and apply to acts occurring on or 151.2 after that date. 151.3 ARTICLE 11 151.4 OTHER PROVISIONS 151.5 Section 1. Minnesota Statutes 1996, section 12.09, is 151.6 amended by adding a subdivision to read: 151.7 Subd. 9. [VOLUNTEER RESOURCES COORDINATION.] The division 151.8 shall provide ongoing coordination of a network of state, local, 151.9 and federal government agencies and private organizations to 151.10 ensure the smooth coordination of donations and volunteerism 151.11 during major disasters. Duties include: 151.12 (1) hotline management, including training, staffing, 151.13 information distribution, and coordination with emergency 151.14 operations management; 151.15 (2) coordination between government and private relief 151.16 agencies; 151.17 (3) networking with volunteer organizations; 151.18 (4) locating resources for anticipated disaster needs and 151.19 making these resources available to local governments in a 151.20 database; 151.21 (5) training in disaster preparation; 151.22 (6) revising existing plans based on experience with 151.23 disasters and testing the plans with simulated disasters; and 151.24 (7) maintaining public information about disaster donations 151.25 and volunteerism. 151.26 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended 151.27 by adding a subdivision to read: 151.28 Subd. 90c. [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 151.29 arson investigative data system are classified in section 151.30 299F.04, subdivision 3a. 151.31 Sec. 3. Minnesota Statutes 1997 Supplement, section 151.32 168.042, subdivision 11a, is amended to read: 151.33 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION 151.34 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 151.35 vehicles reinstates a person's registration plates after 151.36 impoundment for reasons other than those described in 152.1 subdivision 11, the registrar shall charge the person$25$50 152.2 for each vehicle for which the registration plates are being 152.3 reinstated.Money raised under this subdivision must be paid152.4into the state treasury and credited to the highway user tax152.5distribution fund.152.6 Sec. 4. Minnesota Statutes 1996, section 168.042, 152.7 subdivision 12, is amended to read: 152.8 Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 152.9 violator or registered owner may apply to the commissioner for 152.10 new registration plates, which must bear a special series of 152.11 numbers or letters so as to be readily identified by traffic law 152.12 enforcement officers. The commissioner may authorize the 152.13 issuance of special plates if: 152.14 (1) the violator has a qualified licensed driver whom the 152.15 violator must identify; 152.16 (2) the violator or registered owner has a limited license 152.17 issued under section 171.30; 152.18 (3) the registered owner is not the violator and the 152.19 registered owner has a valid or limited driver's license; or 152.20 (4) a member of the registered owner's household has a 152.21 valid driver's license. 152.22 The commissioner may issue the special plates on payment of a 152.23$25$50 fee for each vehicle for which special plates are 152.24 requested. 152.25 Sec. 5. Minnesota Statutes 1996, section 168.042, 152.26 subdivision 15, is amended to read: 152.27 Subd. 15. [FEES CREDITED TO HIGHWAY USER FUND.] Fees 152.28 collected from the sale or reinstatement of license plates under 152.29 this section must be paid into the state treasury and 152.30 credited one-half to the highway user tax distribution fund and 152.31 one-half to the general fund. 152.32 Sec. 6. [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 152.33 PROGRAM.] 152.34 Subdivision 1. [DEFINITIONS.] As used in this section, the 152.35 following terms have the meaning given them in this subdivision. 152.36 (a) "Breath analyzer unit" means a device that performs 153.1 breath alcohol testing and is connected to a remote electronic 153.2 alcohol monitoring system. 153.3 (b) "Remote electronic alcohol monitoring system" means a 153.4 system that remotely electronically monitors the alcohol 153.5 concentration of individuals in their homes or other locations 153.6 to ensure compliance with court-ordered conditions of pretrial 153.7 release, supervised release, or probation. 153.8 Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the 153.9 conference of chief judges, the state court administrator, and 153.10 the commissioner of public safety, the commissioner of 153.11 corrections shall establish a program to use breath analyzer 153.12 units to monitor DWI offenders who are ordered to abstain from 153.13 alcohol use as a condition of pretrial release, supervised 153.14 release, or probation. The program must include procedures to 153.15 ensure that violators of this condition of release receive swift 153.16 consequences for the violation. 153.17 Offenders who are ordered to participate in the program 153.18 shall also be ordered to pay the per diem cost of the monitoring 153.19 unless the offender is indigent. The commissioner of 153.20 corrections shall reimburse the judicial districts in a manner 153.21 proportional to their use of remote electronic alcohol 153.22 monitoring for any costs the districts incur in participating in 153.23 the program. 153.24 After five years, the commissioner of corrections shall 153.25 evaluate the effectiveness of the program and shall report the 153.26 results of this evaluation to the conference of chief judges, 153.27 the state court administrator, the commissioner of public 153.28 safety, and the chairs of the house of representatives and 153.29 senate committees having jurisdiction over criminal justice 153.30 policy and finance. 153.31 Sec. 7. Minnesota Statutes 1997 Supplement, section 153.32 169.123, subdivision 5c, is amended to read: 153.33 Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 153.34 days following receipt of a notice and order of revocation or 153.35 disqualification pursuant to this section, a person may petition 153.36 the court for review. The petition shall be filed with the 154.1 district court administrator in the county where the alleged 154.2 offense occurred, together with proof of service of a copy on 154.3 the commissioner of public safety, and accompanied by the 154.4 standard filing fee for civil actions. No responsive pleading 154.5 shall be required of the commissioner of public safety, and no 154.6 court fees shall be charged for the appearance of the 154.7 commissioner of public safety in the matter. 154.8 (b) The petition must: 154.9 (1) be captioned in the full name of the person making the 154.10 petition as petitioner and the commissioner of public safety as 154.11 respondent; 154.12 (2) include the petitioner's date of birth, driver's 154.13 license number, and date of the offense; and 154.14 (3) state with specificity the grounds upon which the 154.15 petitioner seeks rescission of the order of revocation, 154.16 disqualification, or denial and state thefactstheory 154.17 underlying each claim asserted. 154.18 (c) The filing of the petition shall not stay the 154.19 revocation, disqualification, or denial. The reviewing court 154.20 may order a stay of the balance of the revocation or 154.21 disqualification if the hearing has not been conducted within 60 154.22 days after filing of the petition upon terms the court deems 154.23 proper. 154.24 (d) Judicial reviews shall be conducted according to the 154.25 rules of civil procedureexcept that prehearing discovery is154.26mandatory and is limited to:154.27(1) the notice of revocation;154.28(2) the test record, or in the case of blood or urine154.29tests, the certificate of analysis;154.30(3) the peace officer's certificate and any accompanying154.31documentation submitted by the arresting officer to the154.32commissioner of public safety; and154.33(4) disclosure of potential witnesses, including experts,154.34and the basis of their testimony.154.35Other types of discovery are not available. 154.36 Sec. 8. Minnesota Statutes 1997 Supplement, section 155.1 171.29, subdivision 2, is amended to read: 155.2 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 155.3 license has been revoked as provided in subdivision 1, except 155.4 under section 169.121 or 169.123, shall pay a $30 fee before the 155.5 driver's license is reinstated. 155.6 (b) A person whose driver's license has been revoked as 155.7 provided in subdivision 1 under section 169.121 or 169.123 shall 155.8 pay a $250 fee plus a$10$40 surcharge before the driver's 155.9 license is reinstated. The $250 fee is to be credited as 155.10 follows: 155.11 (1) Twenty percent shall be credited to the trunk highway 155.12 fund. 155.13 (2) Fifty-five percent shall be credited to the general 155.14 fund. 155.15 (3) Eight percent shall be credited to a separate account 155.16 to be known as the bureau of criminal apprehension account. 155.17 Money in this account may be appropriated to the commissioner of 155.18 public safety and the appropriated amount shall be apportioned 155.19 80 percent for laboratory costs and 20 percent for carrying out 155.20 the provisions of section 299C.065. 155.21 (4) Twelve percent shall be credited to a separate account 155.22 to be known as the alcohol-impaired driver education account. 155.23 Money in the account is appropriated as follows: 155.24 (i) The first $200,000 in a fiscal year is to the 155.25 commissioner of children, families, and learning for programs in 155.26 elementary and secondary schools. 155.27 (ii) The remainder credited in a fiscal year is 155.28 appropriated to the commissioner of transportation to be spent 155.29 as grants to the Minnesota highway safety center at St. Cloud 155.30 State University for programs relating to alcohol and highway 155.31 safety education in elementary and secondary schools. 155.32 (5) Five percent shall be credited to a separate account to 155.33 be known as the traumatic brain injury and spinal cord injury 155.34 account. $100,000 is annually appropriated from the account to 155.35 the commissioner of human services for traumatic brain injury 155.36 case management services. The remaining money in the account is 156.1 annually appropriated to the commissioner of health to establish 156.2 and maintain the traumatic brain injury and spinal cord injury 156.3 registry created in section 144.662 and to reimburse the 156.4 commissioner of economic security for the reasonable cost of 156.5 services provided under section 268A.03, clause (o). 156.6 (c) The$10$40 surcharge shall be credited to a separate 156.7 account to be known as the remote electronic alcohol monitoring 156.8pilotprogram account. The commissioner shall transfer the 156.9 balance of this account to the commissioner of finance on a 156.10 monthly basis for deposit in the general fund. 156.11 Sec. 9. Minnesota Statutes 1996, section 299F.04, is 156.12 amended by adding a subdivision to read: 156.13 Subd. 3a. [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 156.14 in this section, "criminal justice agency" means state and local 156.15 prosecution authorities, state and local law enforcement 156.16 agencies, local fire departments, and the office of state fire 156.17 marshal. 156.18 (b) The state fire marshal shall administer and maintain a 156.19 computerized arson investigative data system for the purpose of 156.20 assisting criminal justice agencies in the investigation and 156.21 prosecution of suspected arson violations. This data system is 156.22 separate from the reporting system maintained by the department 156.23 of public safety under section 299F.05, subdivision 2. The 156.24 system consists of data on individuals who are 14 years old or 156.25 older who law enforcement agencies determine are or may be 156.26 engaged in arson activity. Notwithstanding section 260.161, 156.27 subdivision 3, data in the system on adults and juveniles may be 156.28 maintained together. Data in the system must be submitted and 156.29 maintained as provided in this subdivision. 156.30 (c) Subject to the provisions of paragraph (d), a criminal 156.31 justice agency may submit the following data on suspected arson 156.32 violations to the arson investigative data system: 156.33 (1) the suspect's name, known aliases, if any, and other 156.34 identifying characteristics; 156.35 (2) the modus operandi used to commit the violation, 156.36 including means of ignition; 157.1 (3) any known motive for the violation; 157.2 (4) any other crimes committed as part of the same 157.3 behavioral incident; 157.4 (5) the address of the building, the building owner's 157.5 identity, and the building occupant's identity; and 157.6 (6) the name of the reporting agency and a contact person. 157.7 A criminal justice agency that reports data to the arson 157.8 investigative data system shall maintain records documenting the 157.9 data in its own records system for at least the time period 157.10 specified in paragraph (e). 157.11 (d) The state fire marshal shall maintain in the arson 157.12 investigative data system any of the data reported under 157.13 paragraph (c) that the fire marshal believes will assist in the 157.14 investigation and prosecution of arson cases. In lieu of or in 157.15 connection with any of these data, the state fire marshal may 157.16 include in the data system a reference to the criminal justice 157.17 agency that originally reported the data, with a notation to 157.18 system users that the agency is the repository of more detailed 157.19 information on the particular suspected arson violation. 157.20 (e) Notwithstanding section 138.17, the state fire marshal 157.21 shall destroy data on juveniles entered into the system when 157.22 three years have elapsed since the data were entered into the 157.23 system, except as otherwise provided in this paragraph. If the 157.24 fire marshal has information that, since entry of data into the 157.25 system, the juvenile has been convicted as an adult or has been 157.26 adjudicated or has a stayed adjudication as a juvenile for an 157.27 offense that would be a crime if committed by an adult, the data 157.28 must be maintained until three years have elapsed since the last 157.29 record of a conviction, adjudication, or stayed adjudication of 157.30 the individual. Upon request of the criminal justice agency 157.31 that submitted data to the system, the state fire marshal shall 157.32 destroy the data regardless of whether three years have elapsed 157.33 since the data were entered into the system. 157.34 (f) Data in the arson investigative data system are 157.35 confidential data on individuals as defined in section 13.02, 157.36 subdivision 3, but are accessible to criminal justice agencies. 158.1 Sec. 10. Minnesota Statutes 1996, section 299M.01, 158.2 subdivision 7, is amended to read: 158.3 Subd. 7. [FIRE PROTECTION SYSTEM.] "Fire protection 158.4 system" means a sprinkler, standpipe, hose system, or other 158.5 special hazard system for fire protection purposes only, that is 158.6 composed of an integrated system of underground and overhead 158.7 piping connected to apotablewater source. "Fire protection 158.8 system" does not include the water service piping to a city 158.9 water main, or piping used for potable water purposes, or piping 158.10 used for heating or cooling purposes. Openings from potable 158.11 water piping for fire protection systems must be made by persons 158.12 properly licensed under section 326.40. Persons properly 158.13 licensed under section 326.40 may also sell, design, install, 158.14 modify or inspect a standpipe, hose system only. 158.15 Sec. 11. Minnesota Statutes 1996, section 299M.02, is 158.16 amended to read: 158.17 299M.02 [ADVISORY COUNCIL.] 158.18 Subdivision 1. [COMPENSATION; REMOVAL; EXPIRATION158.19 CREATION.] TheMinnesotacommissioner shall establish a fire 158.20 protection advisory councilon fire protection systems and its158.21members are governed by section 15.059, except that the terms of158.22members are governed by subdivision 2. 158.23 Subd. 2. [MEMBERSHIP.] The council consists of the 158.24 commissioner of public safety, or the commissioner's designee, 158.25the commissioner of labor and industry or the commissioner's158.26designee,and eight members appointed for a term of three years 158.27 by thegovernorcommissioner. Two members must be licensed fire 158.28 protection contractors or full-time, managing employees actively 158.29 engaged in a licensed fire protection contractor business. Two 158.30 members must be journeyman sprinkler fitters certified as 158.31 competent under this chapter. One member of the council must be 158.32 an active member of the Minnesota State Fire Chiefs 158.33 Association. One member must be an active member of the Fire 158.34 Marshals Association of Minnesota. One member must be a 158.35 building official certified by the department of administration, 158.36 who is professionally competent in fire protection system 159.1 inspection. One member must be a member of the general public. 159.2 Thecommissionerscommissioner ortheir designees aredesignee 159.3 is a nonvotingmembersmember. 159.4 Subd. 3. [DUTIES.] The council shall advise the 159.5commissionerscommissioner of public safetyand labor and159.6industryon matters within the council's expertise or under the 159.7 regulation of thecommissionerscommissioner. 159.8 Sec. 12. Minnesota Statutes 1996, section 299M.03, 159.9 subdivision 1, is amended to read: 159.10 Subdivision 1. [CONTRACTOR LICENSE.] Except for 159.11 residential installations by the owner of an occupied one- or 159.12 two-family dwelling, a person may not sell, design, install, 159.13 modify, or inspect a fire protection system, its parts, or 159.14 related equipment, or offer to do so, unless annually licensed 159.15 to perform these duties as a fire protection contractor. No 159.16 license is required under this section for a person licensed as 159.17 a professional engineer under section 326.03 who is competent in 159.18 fire protection system design or a person licensed as an alarm 159.19 and communication contractor under section 326.2421 for 159.20 performing activities authorized by that license. 159.21 Sec. 13. Minnesota Statutes 1996, section 299M.03, 159.22 subdivision 2, is amended to read: 159.23 Subd. 2. [JOURNEYMAN CERTIFICATE.] Except for residential 159.24 installations by the owner of an occupied one- or two-family 159.25 dwelling, a person may not install, connect, alter, repair, or 159.26 add to a fire protection system, under the supervision of a fire 159.27 protection contractor, unless annually certified to perform 159.28 those duties as a journeyman sprinkler fitter or as a registered 159.29 apprentice sprinkler fitter. This subdivision does not apply to 159.30 a person altering or repairing a fire protection system if the 159.31 system uses low pressure water and the system is located in a 159.32 facility regulated under the federal Mine Occupational Safety 159.33 and Health Act. 159.34 Sec. 14. Minnesota Statutes 1996, section 299M.04, is 159.35 amended to read: 159.36 299M.04 [RULES;SETTINGFEES; ORDERS; PENALTIES.] 160.1 The commissioner shall adopt permanent rules for operation 160.2 of the council; regulation by municipalities; permit, filing, 160.3 inspection, certificate, and license fees; qualifications, 160.4 examination, and licensing of fire protection contractors; 160.5 certification of journeyman sprinkler fitters; registration of 160.6 apprentices; and the administration and enforcement of this 160.7 chapter. Fees must be set under section 16A.1285. Permit fees 160.8 must be a percentage of the total cost of the fire protection 160.9 work. 160.10 The commissioner may issue a cease and desist order to 160.11 cease an activity considered an immediate risk to public health 160.12 or public safety. The commissioner shall adopt permanent rules 160.13 governing when an order may be issued; how long the order is 160.14 effective; notice requirements; and other procedures and 160.15 requirements necessary to implement, administer, and enforce the 160.16 provisions of this chapter. 160.17 The commissioner, in place of or in addition to licensing 160.18 sanctions allowed under this chapter, may impose a civil penalty 160.19 not greater than $1,000 for each violation of this chapter or 160.20 rule adopted under this chapter, for each day of violation. The 160.21 commissioner shall adopt permanent rules governing and 160.22 establishing procedures for implementation, administration, and 160.23 enforcement of this paragraph. 160.24 Sec. 15. Minnesota Statutes 1996, section 299M.08, is 160.25 amended to read: 160.26 299M.08 [PENALTY.] 160.27 It is a misdemeanor for any person to intentionally commit 160.28 or direct another person to commit either of the following acts: 160.29 (1) to make a false statement in a license application, 160.30 request for inspection, certificate, or other form or statement 160.31 authorized or required under this chapter; or 160.32 (2) to perform fire protection system work without a proper 160.33 permit, when required,andor without a license or certificate 160.34 for that work. 160.35 Sec. 16. Minnesota Statutes 1996, section 299M.12, is 160.36 amended to read: 161.1 299M.12 [CONFLICTS OF LAWS.] 161.2 This chapter is not intended to conflict with and does not 161.3 supersede the Minnesota state building code,or the Minnesota 161.4 uniform fire code, or other state law. 161.5 Sec. 17. [363.30] [FAIR HOUSING INITIATIVE.] 161.6 Subdivision 1. [DEFINITIONS.] For the purposes of sections 161.7 363.30 to 363.33, the terms in this section have the meanings 161.8 given them. 161.9 Subd. 2. [ELIGIBLE ORGANIZATION.] "Eligible organization" 161.10 means a nonprofit organization that has at least one year of 161.11 experience in at least two of the following fair housing 161.12 activities: 161.13 (1) housing discrimination complaint intake and 161.14 investigation; 161.15 (2) testing for housing discrimination; 161.16 (3) community auditing for housing discrimination; 161.17 (4) legal representation of persons concerning their 161.18 housing discrimination claims; 161.19 (5) public education about rights and obligations under 161.20 fair housing laws; and 161.21 (6) outreach programs to build public support for fair 161.22 housing and to prevent housing discrimination. 161.23 Subd. 3. [HOUSING DISCRIMINATION.] "Housing discrimination" 161.24 means a violation of a federal or state law, or of a local 161.25 ordinance, that prohibits housing discrimination, including, but 161.26 not limited to, an unfair discriminatory practice under section 161.27 363.03, subdivision 2 or 2a, and a discriminatory housing 161.28 practice in violation of the federal Fair Housing Act, United 161.29 States Code, title 42, section 3601, et seq. 161.30 Sec. 18. [363.33] [FAIR HOUSING GRANTS.] 161.31 Subdivision 1. [GENERAL.] The commissioner may make grants 161.32 to eligible organizations for fair housing activities to prevent 161.33 or eliminate housing discrimination as provided in this section. 161.34 Subd. 2. [ENFORCEMENT GRANTS.] The commissioner may make 161.35 grants to eligible organizations to remedy housing 161.36 discrimination through complaint intake, investigation, and 162.1 legal representation of persons alleging housing discrimination. 162.2 Subd. 3. [EDUCATION, OUTREACH GRANTS.] The commissioner 162.3 may make grants to eligible organizations to: 162.4 (1) provide public education concerning fair housing; 162.5 (2) undertake outreach efforts to build community support 162.6 for fair housing; 162.7 (3) undertake testing and community auditing for housing 162.8 discrimination; and 162.9 (4) perform other fair housing and housing discrimination 162.10 research. 162.11 Testing for housing discrimination funded by grants made 162.12 under this section may be conducted only by persons trained in 162.13 testing techniques and may not be conducted by a person 162.14 convicted of a felony or other crime involving fraud or 162.15 dishonesty. 162.16 Subd. 4. [SPECIAL PROJECTS.] The commissioner may make 162.17 grants to eligible organizations to carry out special projects 162.18 to address new or sophisticated forms of housing discrimination. 162.19 Sec. 19. Minnesota Statutes 1996, section 609A.03, 162.20 subdivision 2, is amended to read: 162.21 Subd. 2. [CONTENTS OF PETITION.] A petition for 162.22 expungement shall be signed under oath by the petitioner and 162.23 shall state the following: 162.24 (1) the petitioner's full name and all other legal names or 162.25 aliases by which the petitioner has been known at any time; 162.26 (2) the petitioner's date of birth; 162.27 (3) all of the petitioner's addresses from the date of the 162.28 offense or alleged offense in connection with which an 162.29 expungement order is sought, to the date of the petition; 162.30 (4) why expungement is sought, if it is for employment or 162.31 licensure purposes, the statutory or other legal authority under 162.32 which it is sought, and why it should be granted; 162.33 (5) the details of the offense or arrest for which 162.34 expungement is sought, including date and jurisdiction of the 162.35 occurrence, court file number, and date of conviction or of 162.36 dismissal; 163.1 (6) in the case of a conviction, what steps the petitioner 163.2 has taken since the time of the offense toward personal 163.3 rehabilitation, including treatment, work, or other personal 163.4 history that demonstrates rehabilitation; 163.5 (7) petitioner's criminal conviction record indicating all 163.6 convictions for misdemeanors, gross misdemeanors, or felonies in 163.7 this state, and for all comparable convictions in any other 163.8 state, federal court, or foreign country, whether the 163.9 convictions occurred before or after the arrest or conviction 163.10 for which expungement is sought;and163.11 (8) petitioner's criminal charges record indicating all 163.12 prior and pending criminal charges against the petitioner in 163.13 this state or another jurisdiction, including all criminal 163.14 charges that have been continued for dismissal or stayed for 163.15 adjudication, or have been the subject of pretrial diversion; 163.16 and 163.17 (9) all prior requests by the petitioner, whether for the 163.18 present offense or for any other offenses, in this state or any 163.19 other state or federal court, for pardon, return of arrest 163.20 records, or expungement or sealing of a criminal record, whether 163.21 granted or not, and all stays of adjudication or imposition of 163.22 sentence involving the petitioner. 163.23 Sec. 20. Minnesota Statutes 1997 Supplement, section 163.24 504.181, subdivision 1, is amended to read: 163.25 Subdivision 1. [TERMS OF COVENANT.] In every lease or 163.26 license of residential premises, whether in writing or parol, 163.27 the lessor or licensor and the lessee or licensee covenant that: 163.28 (1) neither will: 163.29 (i) unlawfully allow controlled substances in those 163.30 premises or in the common area and curtilage of the premises; 163.31 (ii) allow prostitution or prostitution-related activity as 163.32 defined in section 617.80, subdivision 4, to occur on the 163.33 premises or in the common area and curtilage of the premises;or163.34 (iii) allow the unlawful use or possession of a firearm in 163.35 violation of section 609.66, subdivision 1a, 609.67, or 624.713, 163.36 on the premises or in the common area and curtilage of the 164.1 premises; or 164.2 (iv) allow stolen property or property obtained by robbery 164.3 in those premises or in the common area and curtilage of the 164.4 premises; and 164.5 (2) the common area and curtilage of the premises will not 164.6 be used by either the lessor or licensor or the lessee or 164.7 licensee or others acting under the control of either to 164.8 manufacture, sell, give away, barter, deliver, exchange, 164.9 distribute, purchase, or possess a controlled substance in 164.10 violation of any criminal provision of chapter 152. 164.11 The covenant is not violated when a person other than the 164.12 lessor or licensor or the lessee or licensee possesses or allows 164.13 controlled substances in the premises, common area, or 164.14 curtilage, unless the lessor or licensor or the lessee or 164.15 licensee knew or had reason to know of that activity. 164.16 Sec. 21. [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE 164.17 OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 164.18 Subdivision 1. [DEFINITIONS.] As used in this section: 164.19 (1) "just compensation" means the compensation owed to an 164.20 innocent third party under the state constitution by a Minnesota 164.21 local government unit due to property damage caused by a peace 164.22 officer, acting without negligence, in the course of executing a 164.23 search warrant or apprehending a criminal suspect; and 164.24 (2) "peace officer" has the meaning given in section 626.84. 164.25 Subd. 2. [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 164.26 WARRANT.] If just compensation is owed for damage caused in the 164.27 execution of a search warrant or the apprehension of a criminal 164.28 suspect, the Minnesota local government unit employing the peace 164.29 officer who sought issuance of the warrant or initiated the 164.30 apprehension is responsible for paying the compensation. If the 164.31 search warrant is executed or the apprehension is accomplished 164.32 by a peace officer from another Minnesota local government unit 164.33 in aid of the officer originating the warrant or initiating the 164.34 apprehension, the primary responsibility for paying just 164.35 compensation remains with the Minnesota local government unit 164.36 employing the officer who originated the warrant or initiated 165.1 the apprehension. 165.2 Sec. 22. [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND 165.3 OF LAKE SUPERIOR CHIPPEWA.] 165.4 Subdivision 1. [DEFINITION.] As used in this section, 165.5 "band" means the Fond du Lac Band of Lake Superior Chippewa, a 165.6 federally recognized Indian tribe organized pursuant to the 165.7 Indian Reorganization Act of 1934, 25 United States Code, 165.8 section 476, and which occupies the Fond du Lac reservation 165.9 pursuant to the Treaty of LaPointe, 10 Stat. 1109. 165.10 Subd. 2. [LAW ENFORCEMENT AGENCY.] (a) The band has the 165.11 powers of a law enforcement agency, as defined in section 165.12 626.84, subdivision 1, paragraph (h), if all of the requirements 165.13 of clauses (1) to (4) and paragraph (b) are met: 165.14 (1) the band agrees to be subject to liability for its 165.15 torts and those of its officers, employees, and agents acting 165.16 within the scope of their employment or duties arising out of 165.17 the law enforcement agency powers conferred by this section to 165.18 the same extent as a municipality under chapter 466, and the 165.19 band further agrees, notwithstanding section 16B.06, subdivision 165.20 6, to waive its sovereign immunity for purposes of claims 165.21 arising out of this liability; 165.22 (2) the band files with the board of peace officer 165.23 standards and training a bond or certificate of insurance for 165.24 liability coverage for the maximum amounts set forth in section 165.25 466.04 or establishes that liability coverage exists under the 165.26 Federal Torts Claims Act, 28 United States Code, section 165.27 1346(b), et. al., as extended to the band pursuant to the Indian 165.28 Self-Determination and Education Assistance Act of 1975, 25 165.29 United States Code, section 450f(c); 165.30 (3) the band files with the board of peace officer 165.31 standards and training a certificate of insurance for liability 165.32 of its law enforcement officers, employees, and agents for 165.33 lawsuits under the United States Constitution or establishes 165.34 that liability coverage exists under the Federal Torts Claims 165.35 Act, 28 United States Code, section 1346(b) et al., as extended 165.36 to the band pursuant to the Indian Self-Determination and 166.1 Education Assistance Act of 1975, 25 United States Code, section 166.2 450F(c); and 166.3 (4) the band agrees to be subject to section 13.82 and any 166.4 other laws of the state relating to data practices of law 166.5 enforcement agencies. 166.6 (b) By July 1, 1998, the band shall enter into written 166.7 mutual aid or cooperative agreements with the Carlton county 166.8 sheriff, the St. Louis county sheriff, and the city of Cloquet 166.9 under section 471.59 to define and regulate the provision of law 166.10 enforcement services under this section. The agreements must 166.11 define the following: 166.12 (1) the trust property involved in the joint powers 166.13 agreement; 166.14 (2) the responsibilities of the county sheriffs; 166.15 (3) the responsibilities of the county attorneys; and 166.16 (4) the responsibilities of the city of Cloquet city 166.17 attorney and police department. 166.18 Subd. 3. [CONCURRENT JURISDICTION.] The band shall have 166.19 concurrent jurisdictional authority under this section with the 166.20 Carlton county and St. Louis county sheriffs' departments over 166.21 crimes committed within the boundaries of the Fond du Lac 166.22 reservation as indicated by the mutual aid or cooperative 166.23 agreements entered into under subdivision 2, paragraph (b), and 166.24 any exhibits or attachments to those agreements. 166.25 Subd. 4. [PEACE OFFICERS.] If the band complies with the 166.26 requirements set forth in subdivision 2, the band is authorized 166.27 to appoint peace officers, as defined in section 626.84, 166.28 subdivision 1, paragraph (c), who have the same powers as peace 166.29 officers employed by local units of government. 166.30 Subd. 5. [EFFECT ON FEDERAL LAW.] Nothing in this section 166.31 shall be construed to restrict the band's authority under 166.32 federal law. 166.33 Subd. 6. [CONSTRUCTION.] This section is limited to law 166.34 enforcement authority only, and nothing in this section shall 166.35 affect any other jurisdictional relationships or disputes 166.36 involving the band. 167.1 Sec. 23. [STUDY.] 167.2 The commissioner of public safety shall study the issue of 167.3 licensing private fire investigators and report findings to the 167.4 chairs of the senate crime prevention and house judiciary 167.5 committees by January 15, 1999. 167.6 Sec. 24. [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.] 167.7 Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota 167.8 Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 167.9 administration shall convey to the city of Faribault for no 167.10 consideration the land described in subdivision 3. 167.11 Subd. 2. [FORM.] The conveyance must be in a form approved 167.12 by the attorney general and must provide that the land reverts 167.13 to the state if Parcels A and B cease to be used for a nature 167.14 interpretive center and recreational trail system or if Parcel C 167.15 ceases to be used for a municipal park. 167.16 Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are 167.17 those parts of Section 31, 32, and 33 in Township 110 North, 167.18 Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 167.19 Township 109 North, Range 20 West, in the city of Faribault, 167.20 Rice county, Minnesota, described as follows: 167.21 (1) Parcel A: Beginning at the Southeast corner of the 167.22 Southeast Quarter of said Section 31; thence South 89 167.23 degrees, 58 minutes, 35 seconds West, along the South line 167.24 of said Southeast Quarter (for purposes of this description 167.25 bearings are assumed and based on said South line being 167.26 South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 167.27 to a point in the easterly right-of-way line of the 167.28 Chicago, Rock Island and Pacific railroad; thence North 8 167.29 degrees, 28 minutes, 35 seconds East, along said easterly 167.30 right-of-way line, 64.53 feet to a point in the center line 167.31 of the Straight river; thence along said river center line 167.32 on the following six courses: (1) North 38 degrees, 39 167.33 minutes, 35 seconds East, 291.75 feet; (2) thence North 20 167.34 degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 167.35 thence North 34 degrees, 19 minutes, 49 seconds East, 167.36 248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 168.1 seconds East, 435.03 feet; (5) thence North 18 degrees, 9 168.2 minutes, 34 seconds West, 657.76 feet; (6) thence North 46 168.3 degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 168.4 in the West line of the Southwest Quarter of said Section 168.5 32; thence North 0 degrees, 5 minutes, 56 seconds West, 168.6 along said West line, 161.66 feet to a point in the 168.7 southwesterly right-of-way line of a street known as 168.8 Institute Place; thence along said southwesterly line of 168.9 Institute Place on the following three courses: (1) South 168.10 61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 168.11 thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 168.12 feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 168.13 East, 215.06 feet to the Northeast corner of Block 1 in 168.14 AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 168.15 32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 168.16 PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 168.17 thence North 89 degrees, 21 minutes, 4 seconds West, along 168.18 the North line of said Block 1, a distance of 111.58 feet 168.19 to the Northwest corner of said Block 1; thence South 11 168.20 degrees, 41 minutes, 14 seconds East, along the West line 168.21 of said Block 1, a distance of 202.66 feet; thence South 12 168.22 degrees, 51 minutes, 4 seconds East, along said westerly 168.23 line of Block 1, a distance of 349.14 feet to the Southwest 168.24 corner of said Block 1; thence South 74 degrees, 6 minutes, 168.25 4 seconds East, along the southerly line of said Block 1, a 168.26 distance of 205.26 feet; thence South 82 degrees, 21 168.27 minutes, 4 seconds East, along said southerly line of Block 168.28 1, a distance of 106.92 feet to the Southeast corner of 168.29 said Block 1; thence South 38 degrees, 13 minutes, 56 168.30 seconds West, 194.00 feet; thence South 0 degrees, 13 168.31 minutes, 56 seconds West, 1000.00 feet; thence South 46 168.32 degrees, 15 minutes, 16 seconds West, 626.46 feet to said 168.33 point of beginning; 168.34 (2) Parcel B: Commencing at the Northwest corner of the 168.35 Northeast Quarter of said Section 5; thence South 89 168.36 degrees, 30 minutes, 57 seconds East, along the North line 169.1 of said Northeast Quarter of Section 5 (for purposes of 169.2 this description bearings are assumed and based on said 169.3 North line being South 89 degrees, 30 minutes, 57 seconds 169.4 East), a distance of 937.89 feet to the point of beginning 169.5 of the parcel to be herein described; thence northwesterly 169.6 along a nontangential curve, concave southwesterly (curve 169.7 data: delta angle = 64 degrees, 8 minutes, 9 seconds; 169.8 radius = 500.00 feet; chord bearing and distance = North 57 169.9 degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 169.10 distance of 559.69 feet; thence South 89 degrees, 58 169.11 minutes, 44 seconds West, 175.00 feet; thence 169.12 northwesterly, along a tangential curve, concave 169.13 northeasterly (curve data: delta angle = 90 degrees, 0 169.14 minutes, 0 seconds; radius = 80.00 feet; chord bearing and 169.15 distance = North 45 degrees, 1 minute, 16 seconds West, 169.16 113.14 feet), an arc distance of 125.66 feet; thence North 169.17 0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 169.18 point in the North line of the South One-fourth of the 169.19 Southeast Quarter of said Section 32; thence South 89 169.20 degrees, 28 minutes, 9 seconds East, along said North line, 169.21 2413.98 feet to a point in the East line of said Southeast 169.22 Quarter of Section 32; thence South 0 degrees, 1 minute, 9 169.23 seconds East, along said East line, 399.59 feet; thence 169.24 South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 169.25 thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 169.26 feet to a point in the North line of the West One-half of 169.27 the Northwest Quarter of said Section 4; thence South 89 169.28 degrees, 38 minutes, 30 seconds East, along said North 169.29 line, 490.37 feet to the Northeast corner of said West 169.30 One-half of the Northwest Quarter; thence South 0 degrees, 169.31 24 minutes, 20 seconds West, along the East line of said 169.32 West One-half of the Northwest Quarter, 2670.04 feet to the 169.33 Southeast corner of said West One-half of the Northwest 169.34 Quarter; thence South 0 degrees, 24 minutes, 20 seconds 169.35 West, along the East line of the Northwest Quarter of the 169.36 Southwest Quarter of said Section 4, a distance of 598.97 170.1 feet to a point in the center line of the Straight river; 170.2 thence South 34 degrees, 34 minutes, 54 seconds West, along 170.3 said river center line, 447.98 feet; thence continue along 170.4 said river center line, South 13 degrees, 53 minutes, 50 170.5 seconds West, 359.52 feet to a point in the South line of 170.6 the Northwest Quarter of the Southwest Quarter of said 170.7 Section 4; thence North 89 degrees, 35 minutes, 28 seconds 170.8 West, along said South line of the Northwest Quarter of the 170.9 Southwest Quarter, 983.94 feet to the Southwest corner of 170.10 said Northwest Quarter of the Southwest Quarter; thence 170.11 North 89 degrees, 38 minutes, 42 seconds West, along the 170.12 South line of the Northeast Quarter of the Southeast 170.13 Quarter of said Section 5, a distance of 1328.17 feet to 170.14 the Southwest corner of said Northeast Quarter of the 170.15 Southeast Quarter; thence South 0 degrees, 31 minutes, 57 170.16 seconds West, along the East line of the Southwest Quarter 170.17 of the Southeast Quarter of said Section 5, a distance of 170.18 1320.78 feet to the Southeast corner of said Southwest 170.19 Quarter of the Southeast Quarter; thence North 89 degrees, 170.20 54 minutes, 59 seconds West, along the South line of said 170.21 Southwest Quarter of the Southeast Quarter, 1329.77 feet to 170.22 the Southwest corner of said Southwest Quarter of the 170.23 Southeast Quarter; thence North 89 degrees, 16 minutes, 29 170.24 seconds West, along the North line of the Northwest Quarter 170.25 of said Section 8, a distance of 435.63 feet to a point in 170.26 the northwesterly line of the City of Faribault Trail; 170.27 thence South 61 degrees, 6 minutes, 11 seconds West, along 170.28 said Faribault Trail, 20.70 feet to the beginning of a 170.29 spiral curve; thence southwesterly along said Faribault 170.30 Trail on said spiral curve, concave northwesterly (center 170.31 line curve data: radius = 1644.62 feet; spiral angle = 3 170.32 degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 170.33 chord bearing and distance = South 62 degrees, 14 minutes, 170.34 7 seconds West, 191.95 feet), to the beginning of a 170.35 circular curve; thence continue southwesterly along said 170.36 Faribault Trail on a circular curve, concave northwesterly 171.1 (curve data: delta angle = 1 degree, 55 minutes, 51 171.2 seconds; radius = 1544.62 feet; chord bearing and distance 171.3 = South 65 degrees, 31 minutes, 4 seconds West, 52.05 171.4 feet), an arc distance of 52.05 feet; thence continue along 171.5 said Faribault Trail, South 23 degrees, 31 minutes, 1 171.6 second East, 50.00 feet; thence continue southwesterly 171.7 along said Faribault Trail, on a curve, concave 171.8 northwesterly (curve data: delta angle = 38 degrees, 51 171.9 minutes, 59 seconds; radius = 1594.62 feet; chord bearing 171.10 and distance = South 85 degrees, 54 minutes, 58 seconds 171.11 West, 1061.08 feet), an arc distance of 1081.70 feet; 171.12 thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 171.13 feet to a point in the center line of Glynview Trail 171.14 (county state aid highway 19); thence North 48 degrees, 33 171.15 minutes, 14 seconds West, along said Glynview Trail center 171.16 line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 171.17 seconds East, 285.93 feet to a point in the southwesterly 171.18 line of said Faribault Trail; thence North 11 degrees, 41 171.19 minutes, 14 seconds East, 101.49 feet to a point in the 171.20 northwesterly line of said Faribault Trail; thence North 40 171.21 degrees, 40 minutes, 22 seconds East, 265.18 feet to a 171.22 point in said North line of the Northwest Quarter of 171.23 Section 8; thence North 42 degrees, 10 minutes, 22 seconds 171.24 East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 171.25 seconds East, 205.00 feet to a point in the West line of 171.26 the Southeast Quarter of the Southwest Quarter of said 171.27 Section 5; thence North 0 degrees, 40 minutes, 22 seconds 171.28 East, along said West line, 410.33 feet to a point in the 171.29 center line of said Straight river; thence northwesterly 171.30 along said river center line on the following 5 courses: 171.31 (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 171.32 feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 171.33 850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 171.34 East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 171.35 seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 171.36 43 seconds West, 200.73 feet to a point in the West line of 172.1 the Southwest Quarter of said Section 5; thence North 0 172.2 degrees, 44 minutes, 44 seconds East, along said West line, 172.3 307.02 feet to the Southwest corner of the Northwest 172.4 Quarter of said Section 5; thence North 0 degrees, 37 172.5 minutes, 43 seconds East, along the West line of said 172.6 Northwest Quarter of Section 5, a distance of 264.00 feet; 172.7 thence North 30 degrees, 52 minutes, 17 seconds West, 172.8 396.00 feet; thence North 49 degrees, 52 minutes, 17 172.9 seconds West, 178.86 feet; thence South 51 degrees, 7 172.10 minutes, 43 seconds West, 264.00 feet; thence North 81 172.11 degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 172.12 North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 172.13 to a point in the center line of said Straight river; 172.14 thence northerly and westerly along said river center line 172.15 on the following 4 courses: (1) North 19 degrees, 25 172.16 minutes, 39 seconds East, 131.22 feet; (2) North 42 172.17 degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 172.18 North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 172.19 (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 172.20 feet to a point in the North line of the South One-half of 172.21 the Northeast Quarter of said Section 6; thence South 89 172.22 degrees, 55 minutes, 31 seconds East, along said North 172.23 line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 172.24 seconds East, 384.78 feet; thence North 47 degrees, 4 172.25 minutes, 29 seconds East, 195.36 feet; thence South 86 172.26 degrees, 25 minutes, 31 seconds East, 108.44 feet to a 172.27 point in the southwesterly right-of-way line of the 172.28 Chicago, Milwaukee, St. Paul and Pacific railroad; thence 172.29 southeasterly along said railroad right-of-way line on a 172.30 curve, concave northeasterly (curve data: delta angle = 0 172.31 degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 172.32 chord bearing and distance = South 23 degrees, 57 minutes, 172.33 58 seconds East, 37.16 feet), an arc distance of 37.16 172.34 feet; thence North 65 degrees, 40 minutes, 30 seconds East, 172.35 200.00 feet to a point in the northeasterly right-of-way 172.36 line of said railroad; thence South 78 degrees, 31 minutes, 173.1 31 seconds East, 644.57 feet; thence South 41 degrees, 58 173.2 minutes, 52 seconds East, 980.53 feet to a point in a line 173.3 49.50 feet westerly from and parallel with the East line of 173.4 the Southwest Quarter of the Northwest Quarter of said 173.5 Section 5; thence South 0 degrees, 36 minutes, 52 seconds 173.6 West, along said parallel line, 1003.61 feet to a point in 173.7 the North line of the Northwest Quarter of the Southwest 173.8 Quarter of said Section 5; thence South 0 degrees, 40 173.9 minutes, 22 seconds West, along a line parallel with and 173.10 49.50 feet westerly of the East line of said Northwest 173.11 Quarter of the Southwest Quarter of Section 5, a distance 173.12 of 86.04 feet; thence South 66 degrees, 3 minutes, 0 173.13 seconds West, 600.24 feet; thence South 9 degrees, 16 173.14 minutes, 10 seconds West, 117.00 feet; thence South 55 173.15 degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 173.16 South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 173.17 to a point in a line 16.50 feet easterly from and parallel 173.18 with the West line of the Northeast Quarter of the 173.19 Southwest Quarter of said Section 5; thence North 0 173.20 degrees, 40 minutes, 22 seconds East, along said parallel 173.21 line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 173.22 seconds East, 190.00 feet; thence North 0 degrees, 40 173.23 minutes, 22 seconds East, 200.00 feet; thence North 89 173.24 degrees, 19 minutes, 38 seconds West, 190.00 feet to a 173.25 point in said line 16.50 feet easterly from and parallel 173.26 with the West line of the Northeast Quarter of the 173.27 Southwest Quarter of said Section 5; thence North 0 173.28 degrees, 40 minutes, 22 seconds East, along said parallel 173.29 line, 133.39 feet to a point in the South line of the 173.30 Southeast Quarter of the Northwest Quarter of said Section 173.31 5; thence North 0 degrees, 36 minutes, 52 seconds East, 173.32 along a line parallel with and 16.50 feet easterly of the 173.33 West line of said Southeast Quarter of the Northwest 173.34 Quarter of Section 5, a distance of 720.09 feet; thence 173.35 South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 173.36 to a point in the East line of said Southeast Quarter of 174.1 the Northwest Quarter of Section 5; thence South 89 174.2 degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 174.3 North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 174.4 thence North 18 degrees, 38 minutes, 14 seconds West, 174.5 124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 174.6 East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 174.7 seconds East, 108.46 feet to a point designated as Point A; 174.8 thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 174.9 feet; thence North 52 degrees, 19 minutes, 41 seconds East, 174.10 270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 174.11 West, 500.00 feet; thence along a tangential curve, concave 174.12 westerly (curve data: delta angle = 23 degrees, 14 174.13 minutes, 51 seconds; radius = 500.00 feet; chord bearing 174.14 and distance = North 14 degrees, 15 minutes, 41 seconds 174.15 West, 201.48 feet), an arc distance of 202.87 feet to said 174.16 point of beginning; and 174.17 (3) Parcel C: Beginning at the Northeast corner of the 174.18 Southwest Quarter of said section 32; thence southerly, 174.19 along the East line of said Southwest Quarter (for purposes 174.20 of this description bearing of said East line is assumed 174.21 South 0 degrees, 4 minutes, 9 seconds West), a distance of 174.22 1638.76 feet; thence North 89 degrees, 18 minutes, 51 174.23 seconds West, 33.00 feet to the Southeast corner of Block 174.24 1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 174.25 COUNTY, MINNESOTA, said Southeast corner being a point in 174.26 the West line of Tenth Avenue Northeast and the true point 174.27 of beginning of the parcel to be herein described; thence 174.28 South 0 degrees, 4 minutes, 9 seconds West, along said West 174.29 line of Tenth Avenue Northeast, 360.00 feet; thence North 174.30 89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 174.31 point in the East line of vacated State Avenue; thence 174.32 North 0 degrees, 4 minutes, 9 seconds East, along said East 174.33 line of vacated State Avenue, 360.00 feet to the Southwest 174.34 corner of said Block 1; thence South 89 degrees, 18 174.35 minutes, 51 seconds East, along the South line of said 174.36 Block 1, 826.98 feet to said true point of beginning. 175.1 (b) The following land is excepted from the land described 175.2 in paragraph (a): 175.3 (1) Parcel D: That part of the North One-half of the 175.4 Northeast Quarter of Section 6 and that part of the North 175.5 One-half of the Northwest Quarter of Section 5, all in 175.6 Township 109 North, Range 20 West, in the city of 175.7 Faribault, Rice county, Minnesota, described as follows: 175.8 Beginning at a point in the East line of said Northeast 175.9 Quarter of Section 6 (for purposes of this description 175.10 bearings are assumed and based on said East line being 175.11 South 0 degrees, 37 minutes, 43 seconds West), a distance 175.12 of 1309.61 feet southerly from the Northeast corner of said 175.13 Northeast Quarter; thence South 86 degrees, 27 minutes, 58 175.14 seconds West, 153.73 feet; thence North 0 degrees, 13 175.15 minutes, 34 seconds East, 252.29 feet; thence South 89 175.16 degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 175.17 in the southwesterly right-of-way line of the Chicago, Rock 175.18 Island and Pacific railroad; thence southeasterly, along 175.19 said railroad right-of-way line, on a curve, concave 175.20 northeasterly (curve data: radius = 2914.77 feet; delta 175.21 angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 175.22 distance = South 30 degrees, 58 minutes, 52 seconds East, 175.23 277.26 feet), an arc distance of 277.37 feet; thence South 175.24 86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 175.25 point of beginning; and 175.26 (2) the property deeded to the Chicago, Rock Island and 175.27 Pacific railroad, and City of Faribault Trail. 175.28 (c) The land described in paragraph (a) is subject to: 175.29 (1) Glynview Trail (county state aid highway 19) over the 175.30 southwesterly side thereof; 175.31 (2) 220th Street East over part of the southerly side of 175.32 Section 5; 175.33 (3) Fifth Street Northeast over part of the northerly side 175.34 of the South One-quarter of the Southeast Quarter of 175.35 Section 32; 175.36 (4) an easement for ingress and egress over and across 176.1 Parcel B, said easement being a strip of land 30.00 feet in 176.2 width lying immediately adjacent to and southwesterly of 176.3 the southwesterly right-of-way line of said Chicago, Rock 176.4 Island and Pacific railroad, bounded on the North by the 176.5 southerly line of Parcel D, and bounded on the East by a 176.6 line 49.50 feet westerly of and parallel with said East 176.7 line of the Southwest Quarter of the Northwest Quarter of 176.8 Section 5; and 176.9 (5) an easement for access to and maintenance of a deep 176.10 sewer tunnel over, under, and across part of Parcel B, 176.11 being a strip of land 100.00 feet in width, 50.00 feet on 176.12 both sides of the following described center line: 176.13 Commencing at said Point A in Parcel B; thence North 56 176.14 degrees, 4 minutes, 42 seconds East, 267.00 feet to the 176.15 point of beginning of said easement center line; thence 176.16 South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 176.17 and there terminating; the side lines of said easement to 176.18 be lengthened or shortened to meet in said course herein 176.19 described as North 56 degrees, 4 minutes, 42 seconds East. 176.20 Subd. 4. [PURPOSE.] The land to be conveyed is no longer 176.21 utilized by the department of corrections in Faribault. The 176.22 city of Faribault intends to continue to use Parcels A and B for 176.23 a nature interpretive center and recreational trail system and 176.24 Parcel C for a municipal park. 176.25 Sec. 25. Laws 1996, chapter 365, section 3, is amended to 176.26 read: 176.27 Sec. 3. [REPEALER.] 176.28 Section 2 is repealed when the project is completed, or 176.29 June 30,19982000, whichever occurs earlier. 176.30 Sec. 26. [REPEALER.] 176.31 Minnesota Statutes 1996, sections 299M.05; and 299M.11, 176.32 subdivision 3, are repealed. 176.33 Sec. 27. [EFFECTIVE DATE.] 176.34 Section 25 is effective the day following final enactment. 176.35 Section 22 is effective upon its acceptance by the boards of 176.36 commissioners of Carlton and St. Louis counties and the city 177.1 council of the city of Cloquet, but only if those acceptances 177.2 occur on or before July 1, 1998. 177.3 Sections 3 to 6, and 8 are effective July 1, 1998, and 177.4 apply to motor vehicle registration actions and driver's license 177.5 reinstatement actions occurring on or after that date.