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  $40,000 the first year shall 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 receives federal 
 11.20  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 who shall 
 14.12  commit commits a contempt of court, of any one of the following 
 14.13  kinds, shall be is 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 person shall may be punished as herein provided in this 
 15.3   subdivision for publishing a true, full, and fair report of a 
 15.4   trial, argument, decision, or other court proceeding had in 
 15.5   court.  
 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 than 18 months five 
 15.24  years, nor more than the maximum sentence provided by law.  Any 
 15.25  defendant convicted of a second or subsequent violation of 
 15.26  either of these sections shall be committed to the commissioner 
 15.27  of corrections for not less than five years, nor more than the 
 15.28  maximum 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, or in 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 is three five 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 than one year and a day 
 18.20  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 does either any 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; or 
 18.30     (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 than ten 15 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 individual at least 16 but less 
 19.7   than 18 years of age to practice prostitution; or 
 19.8      (2) Solicits or induces an individual to practice 
 19.9   prostitution by means of force; or 
 19.10     (3) Uses a position of authority to solicit or induce an 
 19.11  individual to practice prostitution; or 
 19.12     (4) promotes the prostitution of an individual in the 
 19.13  following circumstances:  
 19.14     (a) The individual is at least 16 but less than 18 years of 
 19.15  age; or 
 19.16     (b) The actor knows that the individual has been induced or 
 19.17  solicited to practice prostitution by means of force; or 
 19.18     (c) The actor knows that a position of authority has been 
 19.19  used to induce or solicit the individual to practice 
 19.20  prostitution; 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 to imprisonment for not 
 21.4   more than one year or to payment of a fine of not more than 
 21.5   $3,000, or both not 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) the act was committed with knowledge that it 
 21.22  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; or if (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 the 
 26.10  vehicle or building is occupied, the person may be sentenced to 
 26.11  imprisonment for not more than five years or to payment of a 
 26.12  fine 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; or 
 27.4      (7) engages in any other harassing conduct that interferes 
 27.5   with another person or intrudes on the person's privacy or 
 27.6   liberty. 
 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; or 609.345; 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 enters and remains in this state for 30 days 
 33.32  or longer the 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 be 
 35.13  prosecuted either where the person resides or where the person 
 35.14  was 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 coercion or the use of a 
 36.14  position 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 coercion or the use of a position of authority 
 36.18  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 coercion or 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 coercion or the use of a position 
 37.26  of 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 to 
 38.8   submit.  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, 
 39.29  and 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, 
 41.27  and uses this authority to cause or induce the complainant to 
 41.28  submit.  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 
 43.16  and 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, 
 43.29  and uses this authority to cause or induce the complainant to 
 43.30  submit.  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, paragraph 
 45.10  (b) subdivision 2, clause (1); or a statute from another state 
 45.11  in conformity with subdivision 1, clause (2), or section 617.23, 
 45.12  paragraph (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, or 609.345, 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, or 609.345, 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 person is guilty of a 
 46.21  misdemeanor who 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  in clause (1) or (2) or this clause subdivision. 
 46.30     (b) Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
 46.31  of the following acts is guilty of a gross misdemeanor if: 
 46.32     (1) the person violates this section subdivision 1 in the 
 46.33  presence of a minor under the age of 16; or 
 46.34     (2) the person violates this section subdivision 1 after 
 46.35  having been previously convicted of violating this section 
 46.36  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 violates paragraph (b) subdivision 2, clause 
 47.6   (1), after having been previously convicted of or adjudicated 
 47.7   delinquent for violating paragraph (b) subdivision 2, clause 
 47.8   (1); section 609.3451, subdivision 1, clause (2); or a statute 
 47.9   from another state in conformity with paragraph (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 cocaine or, 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  cocaine or, 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 containing methamphetamine, 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 cocaine or, 
 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 cocaine or, 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 containing methamphetamine, 
 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 1 or 2 to 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 cocaine or, 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   cocaine or, 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 containing methamphetamine, 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 cocaine or, 
 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 cocaine or, 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 containing methamphetamine, 
 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 issued under this 
 54.13  section by 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 granted pursuant to this 
 54.17  section by 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; or 
 59.2      (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, 1999 2000.  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; 
 68.6   and 
 68.7      (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 sentence if the offender will serve 
 79.10  less than nine months at the state institution.  This 
 79.11  subdivision does not apply to an offender who will be serving 
 79.12  the sentence consecutively or concurrently with a previously 
 79.13  imposed executed felony sentence or 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 or information 
 80.7   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 run concurrently consecutively.  
 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 to 609.346 609.3451, 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 to 609.346 609.3451, 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  to 609.346 609.3451, 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 to 609.346 609.3451, 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 to 609.346 609.3451 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 to 609.346 609.3451 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 to 609.346 609.3451, 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 in 
 86.19  order 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, 
 86.27  but.  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 escape 
 86.31  or 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 
 87.18  shall 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 terms shall have 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  241.26 and, 244.065, and includes 631.425, 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 OFFICERS AND 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, 
 99.14  subdivision 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's or constable's presence; 
 99.29     (2) when the person arrested has committed a felony, 
 99.30  although not in the officer's or constable's presence; 
 99.31     (3) when a felony has in fact been committed, and the 
 99.32  officer or constable has 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 officer or constable may 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 officer or constable is 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 crime against 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 was 
102.3   arrested or detained for committing a crime of violence, as 
102.4   defined 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 judge may shall set bail and impose any 
102.18  conditions of release that will protect the safety of the 
102.19  victim, public safety, and reasonably assure the appearance of 
102.20  the person for reappearance at subsequent proceedings, or will 
102.21  protect the victim of the alleged crime, or may fix the amount 
102.22  of money bail without other conditions upon which the arrested 
102.23  person 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   to 84.88 84.91; 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 the 
105.22  receipts that are assessments or surcharges imposed under 
105.23  section 609.101 and shall submit all of those receipts to the 
105.24  commissioner.  The receipts must be credited to the game and 
105.25  fish fund to provide peace officer training for persons employed 
105.26  by the commissioner who are licensed under section 626.84, 
105.27  subdivision 1, clause (c), and who possess peace officer 
105.28  authority 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, including 
105.32  except receipts that are assessments or surcharges imposed under 
105.33  section 609.101 357.021, subdivision 6, to the commissioner 
105.34  state treasurer and credit the balance to the county general 
105.35  fund.  The commissioner state 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 section 609.101 357.021, 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 other 
107.25  law to the contrary, a person who violates a speed limit 
107.26  established under paragraph (b), or who violates any other 
107.27  provision of this section while in a highway work zone, is 
107.28  assessed an additional surcharge equal to the amount of the fine 
107.29  imposed 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 a penalty assessment surcharge levied against that 
108.2   person, or sentenced to a fine upon which a penalty assessment 
108.3   surcharge was levied, and (3) has refused or failed to comply 
108.4   with that sentence or to pay the penalty assessment surcharge, 
108.5   notwithstanding the fact that the court has determined that the 
108.6   person has the ability to pay the fine or penalty assessment 
108.7   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 or penalty assessment 
108.10  surcharge, or both if a fine and penalty assessment surcharge 
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 for 
109.23  a petty misdemeanor other than a parking violation, the 
109.24  defendant 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 taxed in all cases for all 
111.25  charges where applicable:  (a) The state of Minnesota and any 
111.26  governmental subdivision within the jurisdictional area of 
111.27  any municipal district court herein established may present 
111.28  cases for hearing before said municipal district 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  submitted a case charges for prosecution under ordinance 
111.35  violation and to the county treasurer in all other cases charges 
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 cases For 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 cases For 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 cases For all charges where a defendant was 
112.16  issued a statute, traffic, or ordinance violation tag citation 
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 of a $2 increase in the expired 
112.20  meter fine schedule that is enacted on or after August 1, 1987, 
112.21  the amount payable to the court administrator must be increased 
112.22  by $1 for each expired meter violation disposed of in a 
112.23  violations 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 a penalty assessment 
114.8   surcharge levied pursuant to section 626.861 357.021, 
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 assessment required 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, 
114.18  surcharge, or assessment would 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, 
114.22  surcharge, or assessment in 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 the assessment or surcharge required by 
114.36  section 609.101 357.021, 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 felony or, 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 the 
115.26  juvenile court concerned has requested and received the approval 
115.27  of a majority of the district court judges of the judicial 
115.28  district to utilize the services of the public defender in such 
115.29  cases, and approval of the compensation on a monthly, hourly, or 
115.30  per diem basis to be paid for such services under section 
115.31  260.251, subdivision 2, clause (e); or 
115.32     (5) a person, entitled by law to be represented by counsel, 
115.33  charged with an offense within the trial jurisdiction of a 
115.34  district court, if the trial judge or a majority of the trial 
115.35  judges of the court concerned have requested and received 
115.36  approval of a majority of the district court judges of the 
116.1   judicial district to utilize the services of the public defender 
116.2   in such cases and approval of the compensation on a monthly, 
116.3   hourly, or per diem basis to be paid for such services by the 
116.4   county 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 the first $180,000 in the general fund. 
116.9   payments in excess of $180,000 shall be deposited in the general 
116.10  fund and credited credit 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: 
116.20     Subd. 1a.  [INDIAN CHILD WELFARE DEFENSE CORPORATION 
116.21  GRANTS.] (a) The board of public defense shall establish 
116.22  procedures for accepting applications for funding from an Indian 
116.23  child welfare defense corporation located in the American Indian 
116.24  community.  The board must consult with the Minnesota Indian 
116.25  affairs council before making a grant under this subdivision.  
116.26     (b) An "Indian child welfare defense corporation" refers to 
116.27  an American Indian nonprofit law corporation, having an American 
116.28  Indian majority on its board of directors, specializing 
116.29  primarily in providing culturally appropriate legal services to 
116.30  indigent clients or tribal representatives involved in a case 
116.31  governed by the Indian Child Welfare Act, United States Code, 
116.32  title 25, section 1901 et seq., or the Minnesota Indian family 
116.33  preservation act, sections 257.35 to 257.3579. 
116.34     (c) An Indian child welfare defense corporation is a 
116.35  "public defense corporation" for the purposes of sections 611.14 
116.36  to 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 prepare 
117.4   a biennial report to the board and a report to the governor and 
117.5   the supreme court on the operation of the state public 
117.6   defender's office, district defender systems, and public defense 
117.7   corporations.  The biennial report is due on or before the 
117.8   beginning of the legislative session following the end of the 
117.9   biennium.  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 county 
117.34  commissioners 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) in 1992 
118.3   2000, the second and eighth districts; (2) in 1993 2001, the 
118.4   first, third, fourth, and tenth districts; (3) in 1994 2002, the 
118.5   fifth and ninth districts; and (4) in 1995 1999, 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 defender shall be set by the board of public 
118.15  defense. and the compensation of each assistant district public 
118.16  defender shall be set by the chief district public defender with 
118.17  the approval of the board 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 
119.2   under the jurisdiction of the state board of public defense in 
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: 
119.12     Subd. 9.  [INSURANCE.] Notwithstanding any other law to the 
119.13  contrary, district public defenders and assistant district 
119.14  public defenders, and their employees and their dependents, may 
119.15  elect to enroll in the appropriate life insurance, hospital, 
119.16  medical and dental benefits, and optional coverages of their 
119.17  respective host county, as designated by the state board of 
119.18  public defense under section 611.27, subdivision 2, at the time, 
119.19  in the manner, and under conditions of eligibility as 
119.20  established by the host county for its employees.  The host 
119.21  county must provide for payroll deductions to be made in the 
119.22  same manner and under the same conditions as provided for an 
119.23  eligible county employee and the employee's dependents.  Nothing 
119.24  in this subdivision obligates the state or county to payments in 
119.25  the 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) The 
119.29  total compensation and expenses, including office equipment and 
119.30  supplies, of the district public defender are to be paid by the 
119.31  county 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 board and must, at a minimum, include detailed 
119.36  substantiation 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. 
120.5      Within ten days after an assistant district public defender 
120.6   is appointed, the district public defender shall certify to the 
120.7   state board of public defense the compensation that has been 
120.8   recommended for the assistant.  
120.9      (c) The state board of public defense shall transmit the 
120.10  proposed budget of each district public defender to the 
120.11  respective district court administrators and county budget 
120.12  officers for comment before the board's final approval of the 
120.13  budget.  The board shall determine and certify to the respective 
120.14  county boards a final comprehensive budget for the office of the 
120.15  district public defender that includes all expenses.  After the 
120.16  board determines the allocation of the state funds authorized 
120.17  pursuant to paragraph (e), the board shall apportion the 
120.18  expenses of the district public defenders among the several 
120.19  counties and each county shall pay its share in monthly 
120.20  installments.  The county share is the proportion of the total 
120.21  expenses that the population in the county bears to the total 
120.22  population in the district as determined by the last federal 
120.23  census.  If the district public defender or an assistant 
120.24  district public defender is temporarily transferred to a county 
120.25  not situated in that public defender's judicial district, said 
120.26  county shall pay the proportionate part of that public 
120.27  defender's expenses for the services performed in said county.  
120.28     (d) Reimbursement for actual and necessary travel expenses 
120.29  in the conduct of the office of the district public defender 
120.30  shall be charged to either (1) the general expenses of the 
120.31  office, (2) the general expenses of the district for which the 
120.32  expenses were incurred if outside the district, or (3) the 
120.33  office of the state public defender if the services were 
120.34  rendered 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: 
121.10     Subd. 2.  [STATE BOARD OF PUBLIC DEFENSE; DESIGNATION OF 
121.11  HOST COUNTY.] The state board of public defense, after receiving 
121.12  an appropriation from the legislature for payment of district 
121.13  public defender costs, shall designate the county officials of 
121.14  one county within the district as a host county to reimburse the 
121.15  expenses of the district public defender.  A county selected by 
121.16  the board must serve as the designee.  The county share assessed 
121.17  under subdivision 1 against each county of the district must be 
121.18  paid to the county treasurer of the designated county.  The 
121.19  board may reimburse the designated county for extra costs 
121.20  incurred. 
121.21     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
121.22  611.27, subdivision 4, is amended to read: 
121.23     Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
121.24  subdivision 1 directing counties to pay the costs of public 
121.25  defense service shall not be in effect after January 1, 1995.  
121.26  This subdivision only relates to costs associated with felony, 
121.27  gross misdemeanor, juvenile, and misdemeanor public defense 
121.28  services.  Notwithstanding the provisions of this subdivision, 
121.29  in the first, fifth, seventh, ninth, and tenth judicial 
121.30  districts, the cost of juvenile and misdemeanor public defense 
121.31  services for cases opened prior to January 1, 1995, shall remain 
121.32  the responsibility of the respective counties in those 
121.33  districts, even though the cost of these services may occur 
121.34  after 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.] 
122.2   Notwithstanding 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.  Services 
122.5   and expenses in cases where adequate representation cannot be 
122.6   provided by the district public defender shall be the 
122.7   responsibility 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 [RELIGIOUS INSTRUCTION ACTIVITIES.] 
125.29     The commissioner of corrections shall provide at least one 
125.30  hour, on the first day of each week, between 9:00 a.m. and 5:00 
125.31  p.m., for religious instruction to allow 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  desiring the same them.  The commissioner shall provide a 
126.1   private room where such instruction can be given by members of 
126.2   the clergy of the denomination desired by the inmate, or, in 
126.3   case of minors, by the parents or guardian, and, in case of 
126.4   sickness, some other day or hour may be designated; but all 
126.5   sectarian practices are prohibited, and No officer or employee 
126.6   of the institution shall attempt to influence the religious 
126.7   belief of any inmate, and none no 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 at one of the state juvenile 
129.18  correctional facilities Minnesota 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 such 
130.25  contracts shall be deposited in the state treasury and are 
130.26  appropriated to the commissioner of corrections for correctional 
130.27  purposes, 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 contracts 
131.10  shall be deposited in the state treasury and are appropriated to 
131.11  the commissioner of corrections for correctional purposes, 
131.12  including 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; or 
136.4      (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 section 260.261 260.315, 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 committed an offense a delinquent act or has 
138.35  been proven to have committed an offense that would be a felony 
138.36  if committed by an adult a delinquent act and the child was at 
139.1   least 16 14 years of age at the time of the offense delinquent 
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 the 
139.27  subject of a delinquency petition shall be released to; 
139.28     (3) the victim of the any 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 of subdivision 2 or 3 
142.21  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 hearing of a case of a child 
143.18  alleged to be delinquent or in need of protection or services it 
143.19  appears, if the court finds by a fair preponderance of the 
143.20  evidence that any person has violated the provisions of the 
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; or 
143.27     (b) (2) prohibit the person from associating or 
143.28  communicating in any manner with the child; or 
143.29     (c) Provide for the maintenance or care of the child, if 
143.30  the person is responsible for such, and direct when, how, and 
143.31  where 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 order 
144.19  under subdivision 2 the court shall issue an order to show 
144.20  cause, either upon its own motion or upon a verified petition, 
144.21  specifying the charges made against the person and fixing the 
144.22  time and place of the hearing.  The order to show cause shall be 
144.23  served personally and shall be heard in the same manner as 
144.24  provided 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-time male juvenile 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.  The juvenile offenders 
146.25  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 
147.8   by adding two professional and one 
147.9   clerical 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 paid 
152.4   into the state treasury and credited to the highway user tax 
152.5   distribution 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 the facts theory 
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 procedure except that prehearing discovery is 
154.26  mandatory and is limited to: 
154.27     (1) the notice of revocation; 
154.28     (2) the test record, or in the case of blood or urine 
154.29  tests, the certificate of analysis; 
154.30     (3) the peace officer's certificate and any accompanying 
154.31  documentation submitted by the arresting officer to the 
154.32  commissioner of public safety; and 
154.33     (4) disclosure of potential witnesses, including experts, 
154.34  and the basis of their testimony. 
154.35  Other 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 
156.8   pilot program 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 a potable water 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; EXPIRATION 
158.19  CREATION.] The Minnesota commissioner shall establish a fire 
158.20  protection advisory council on fire protection systems and its 
158.21  members are governed by section 15.059, except that the terms of 
158.22  members 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, 
158.25  the commissioner of labor and industry or the commissioner's 
158.26  designee, and eight members appointed for a term of three years 
158.27  by the governor commissioner.  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   The commissioners commissioner or their designees are designee 
159.3   is a nonvoting members member. 
159.4      Subd. 3.  [DUTIES.] The council shall advise the 
159.5   commissioners commissioner of public safety and labor and 
159.6   industry on matters within the council's expertise or under the 
159.7   regulation of the commissioners commissioner.  
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; SETTING FEES; 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, and or 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; and 
163.11     (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; or 
163.34     (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, 1998 2000, 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.