Minnesota Legislature
SF 3345
3rd Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to crime prevention and judiciary finance; 1.3 appropriating money for the judicial branch, public 1.4 safety, corrections, criminal justice, crime 1.5 prevention, and related purposes; prescribing, 1.6 clarifying, and modifying penalties; modifying various 1.7 fees, assessments, and surcharges; implementing, 1.8 clarifying, and modifying certain criminal and 1.9 juvenile provisions; providing for the collection, 1.10 maintenance, and reporting of certain data; 1.11 implementing, clarifying, and modifying conditions of 1.12 pretrial and conditional release; modifying the 1.13 authority of the commissioner of corrections; 1.14 providing services for disasters; clarifying and 1.15 modifying laws involving public defenders; conveying 1.16 state land to the city of Faribault; requiring a fair 1.17 housing study; amending Minnesota Statutes 1996, 1.18 sections 12.09, by adding a subdivision; 13.99, by 1.19 adding a subdivision; 152.01, subdivision 16a; 1.20 152.021, as amended; 152.022, as amended; 152.0261, by 1.21 adding a subdivision; 152.096, subdivision 1; 168.042, 1.22 subdivisions 12 and 15; 169.121, subdivision 5a; 1.23 171.16, subdivision 3; 241.01, subdivision 7, and by 1.24 adding a subdivision; 241.05; 242.195, subdivision 1; 1.25 242.32, subdivision 1; 243.05, subdivision 1; 243.166, 1.26 subdivisions 1 and 5; 243.51, by adding a subdivision; 1.27 244.05, subdivisions 4, 5, and 7; 260.015, subdivision 1.28 21; 260.131, by adding a subdivision; 260.155, 1.29 subdivision 1; 260.165, by adding a subdivision; 1.30 260.255; 260.315; 299C.06; 299C.09; 299F.04, by adding 1.31 a subdivision; 299M.01, subdivision 7; 299M.02; 1.32 299M.03, subdivisions 1 and 2; 299M.04; 299M.08; 1.33 299M.12; 357.021, by adding subdivisions; 390.11, 1.34 subdivision 2; 401.02, by adding a subdivision; 1.35 488A.03, subdivision 11; 588.01, subdivision 3; 1.36 588.20; 609.01, subdivision 1; 609.095; 609.11, 1.37 subdivision 5; 609.135, subdivision 7, and by adding a 1.38 subdivision; 609.145, by adding a subdivision; 1.39 609.185; 609.19, subdivision 1; 609.229, subdivisions 1.40 2 and 3; 609.322, subdivisions 1, 1a, and by adding a 1.41 subdivision; 609.3241; 609.341, subdivisions 11 and 1.42 12; 609.342, subdivision 1; 609.343, subdivision 1; 1.43 609.344, subdivision 1; 609.345, subdivision 1; 1.44 609.3451, subdivision 3; 609.3461, subdivisions 1 and 1.45 2; 609.347, subdivisions 1, 2, 3, 5, and 6; 609.348; 1.46 609.49, subdivision 1; 609.50, subdivision 2; 609.582; 2.1 609.66, subdivision 1e; 609.748, subdivisions 3 and 4; 2.2 609.749, subdivision 3; 609A.03, subdivision 2; 2.3 611.14; 611.20, subdivision 3; 611.216, subdivision 2.4 1a; 611.26, subdivisions 2, 3, 3a, and 9; 611.27, 2.5 subdivisions 1, 2, and 7; 617.23; 629.34, subdivision 2.6 1; 629.53; 629.715, subdivision 1; 631.045; and 2.7 634.20; Minnesota Statutes 1997 Supplement, sections 2.8 97A.065, subdivision 2; 168.042, subdivision 11a; 2.9 169.123, subdivision 5c; 169.14, subdivision 5d; 2.10 171.29, subdivision 2; 241.015; 241.277, subdivision 2.11 9; 242.192; 242.32, subdivision 4; 243.166, 2.12 subdivision 4; 243.51, subdivisions 1 and 3; 244.19, 2.13 by adding a subdivision; 260.015, subdivision 2a; 2.14 260.161, subdivision 2; 260.165, subdivision 1; 2.15 299C.095, subdivision 1; 357.021, subdivision 2; 2.16 401.01, subdivision 2; 401.13; 504.181, subdivision 1; 2.17 518B.01, subdivision 14; 609.101, subdivision 5; 2.18 609.11, subdivision 9; 609.135, subdivision 1; 609.15, 2.19 subdivision 1; 609.52, subdivision 3; 609.749, 2.20 subdivision 2; 611.25, subdivision 3; and 611.27, 2.21 subdivision 4; Laws 1996, chapter 365, section 3; Laws 2.22 1997, chapter 239, article 1, section 7, subdivision 2.23 8; article 4, section 15; article 9, section 43; 2.24 article 10, sections 1 and 19; proposing coding for 2.25 new law in Minnesota Statutes, chapters 152; 169; 241; 2.26 244; 299C; 363; 401; 609; 611A; 626; 629; 630; and 2.27 631; repealing Minnesota Statutes 1996, sections 2.28 260.261; 299M.05; 299M.11, subdivision 3; 401.02, 2.29 subdivision 4; 609.101, subdivision 1; 609.1352; 2.30 609.152; 609.184; 609.196; 609.322, subdivisions 2 and 2.31 3; 609.323; 609.346; 609.563, subdivision 2; and 2.32 626.861; Minnesota Statutes 1997 Supplement, sections 2.33 243.51, subdivision 4; and 244.19, subdivision 4; Laws 2.34 1997, chapter 239, article 9, section 44. 2.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.36 ARTICLE 1 2.37 APPROPRIATIONS 2.38 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.39 The sums shown in the columns headed "APPROPRIATIONS" are 2.40 appropriated from the general fund, or another named fund, to 2.41 the agencies and for the purposes specified in this article to 2.42 be available for the fiscal years indicated for each purpose. 2.43 The figures "1998" and "1999," where used in this article, mean 2.44 that the appropriation or appropriations listed under them are 2.45 available for the year ending June 30, 1998, or June 30, 1999, 2.46 respectively. 2.47 SUMMARY BY FUND 2.48 1998 1999 2.49 General Fund Total $ 652,000 $ 6,683,000 2.50 TOTAL $ 652,000 $ 6,683,000 2.51 APPROPRIATIONS 2.52 Available for the Year 2.53 Ending June 30 2.54 1998 1999 3.1 Sec. 2. SUPREME COURT $ -0- $ 1,060,000 3.2 $100,000 is for positions to improve 3.3 financial and human resources services 3.4 to the courts. 3.5 $300,000 is for a community justice 3.6 system collaboration team in the 3.7 judicial branch. 3.8 $500,000 is for civil legal services to 3.9 low-income clients. 3.10 $85,000 is a one-time appropriation for 3.11 a grant to the fourth judicial district 3.12 to be used to implement an innovative 3.13 community court project to improve the 3.14 administration of justice with respect 3.15 to crimes and civil disputes that 3.16 affect the quality of life in the 3.17 community. 3.18 $75,000 is a one-time appropriation for 3.19 the parental cooperation task force 3.20 created in section 15. 3.21 Up to $5,000 of the amount appropriated 3.22 in Laws 1997, chapter 239, article 1, 3.23 section 2, subdivision 2, may be used 3.24 for the normal operation of the court 3.25 for which no other reimbursement is 3.26 provided. 3.27 Sec. 3. COURT OF APPEALS 60,000 109,000 3.28 $60,000 the first year is for a 3.29 workers' compensation deficiency. 3.30 $52,000 the second year is for a sixth 3.31 appellate panel. 3.32 $57,000 the second year is for law 3.33 clerk salary equity adjustments. 3.34 Sec. 4. DISTRICT COURT -0- 1,216,000 3.35 $631,000 is for 15 additional law clerk 3.36 positions. 3.37 $585,000 is for law clerk salary equity 3.38 adjustments. 3.39 Sec. 5. BOARD ON JUDICIAL 3.40 STANDARDS -0- 100,000 3.41 $100,000 is a one-time appropriation 3.42 for costs associated with the 3.43 investigation and public hearing 3.44 regarding complaints presented to the 3.45 board. 3.46 Sec. 6. BOARD OF PUBLIC 3.47 DEFENSE 149,000 302,000 3.48 $10,000 the first year and $20,000 the 3.49 second year are for increased employer 3.50 contribution rates for coverage under 3.51 the General Plan of the Public 3.52 Employees' Retirement Association 3.53 (PERA). 4.1 $139,000 the first year and $282,000 4.2 the second year are for a 1.25 percent 4.3 salary increase for public defenders in 4.4 the second and fourth judicial 4.5 districts. 4.6 The board of public defense, in 4.7 cooperation with the supreme court, the 4.8 conference of chief judges, and the 4.9 association of Minnesota counties, 4.10 shall study the issue of public 4.11 defender representation under Minnesota 4.12 Statutes, sections 260.155, subdivision 4.13 2, and 611.14, of juveniles and other 4.14 parties in juvenile court proceedings. 4.15 By January 15, 1999, the board of 4.16 public defense shall make 4.17 recommendations to the legislature on 4.18 this issue. 4.19 Sec. 7. CORRECTIONS 4.20 Subdivision 1. Total 4.21 Appropriation 220,000 2,530,000 4.22 The amounts that may be spent from this 4.23 appropriation for each program are 4.24 specified in the following subdivisions. 4.25 Subd. 2. Correctional Institutions 4.26 -0- 71,000 4.27 $71,000 is for prison costs associated 4.28 with this act. 4.29 From the amount appropriated in Laws 4.30 1997, chapter 239, article 1, section 4.31 12, subdivision 3, for the transfer of 4.32 the Sauk Centre sex offender program, 4.33 the commissioner shall transfer 4.34 $368,000 to the correctional 4.35 institutions budget to pay prison costs 4.36 associated with this act. 4.37 The commissioner may use operating 4.38 funds appropriated in Laws 1997, 4.39 chapter 239, article 1, section 12, to 4.40 renovate Building 35 to provide for 74 4.41 medium security beds at the Moose Lake 4.42 Correctional Facility. An amount up to 4.43 $1,500,000 may be used for the 4.44 necessary renovation. 4.45 The commissioner shall report to the 4.46 chairs of the house and senate 4.47 committees having jurisdiction over 4.48 criminal justice policy and funding any 4.49 additions, reassignments, or reductions 4.50 in the number of staff positions made 4.51 during the 1998-1999 fiscal biennium. 4.52 The report shall break down the 4.53 additions, reassignments, and 4.54 reductions by management, supervisory, 4.55 line, and support positions and shall 4.56 be submitted by January 30, 1999. 4.57 The commissioner of corrections and 4.58 commissioner of public safety are 4.59 directed to study the feasibility of 4.60 developing an industries program under 5.1 Minnesota Statutes, section 241.27, an 5.2 employment program, or a vocational 5.3 program, at one or more state 5.4 correctional facilities to: 5.5 (1) manufacture sandbags used in flood 5.6 control efforts; and 5.7 (2) establish a storage system for the 5.8 sandbags. 5.9 Subd. 3. Community Services 5.10 220,000 2,459,000 5.11 $170,000 the first year and $315,000 5.12 the second year are for probation and 5.13 supervised release for the state 5.14 assumption of juvenile and adult 5.15 misdemeanant probation services in 5.16 Winona county. 5.17 $50,000 the first year and $210,000 the 5.18 second year are for probation and 5.19 supervised release for the state 5.20 assumption of juvenile and adult 5.21 misdemeanant probation services in 5.22 Benton county. 5.23 The appropriation in Laws 1997, chapter 5.24 239, article 1, section 12, subdivision 5.25 2, for the fiscal year ending June 30, 5.26 1999, for correctional institutions is 5.27 reduced by $1,000,000. That amount, 5.28 plus an additional $122,000, are added 5.29 to the appropriation in Laws 1997, 5.30 chapter 239, article 1, section 12, 5.31 subdivision 4, for the fiscal year 5.32 ending June 30, 1999, and shall be used 5.33 for increased grants to counties that 5.34 deliver correctional services. This 5.35 money shall be added to the base level 5.36 appropriated under Laws 1997, chapter 5.37 239, article 1, section 12, subdivision 5.38 4, for probation officer workload 5.39 reduction and is intended to reduce 5.40 state and county probation officer 5.41 caseload and workload overcrowding and 5.42 to increase supervision of individuals 5.43 sentenced to probation at the county 5.44 level. This increased supervision may 5.45 be accomplished through a variety of 5.46 methods, including, but not limited to: 5.47 (1) innovative technology services, 5.48 such as automated probation reporting 5.49 systems and electronic monitoring; 5.50 (2) prevention and diversion programs; 5.51 (3) intergovernmental cooperation 5.52 agreements between local governments 5.53 and appropriate community resources; 5.54 and 5.55 (4) traditional probation program 5.56 services. 5.57 Counties that deliver correctional 5.58 services under Minnesota Statutes, 5.59 section 244.19, and that qualify for 6.1 new probation officers under this 6.2 program shall receive full 6.3 reimbursement for the officers' 6.4 benefits and support not to exceed 6.5 $70,000 annually. Positions funded by 6.6 this appropriation may not supplant 6.7 existing services. 6.8 The commissioner shall distribute money 6.9 appropriated for state and county 6.10 probation officer caseload and workload 6.11 reduction according to the formula 6.12 contained in Minnesota Statutes, 6.13 section 401.10. This appropriation may 6.14 not be used to supplant existing state 6.15 or county probation officer positions 6.16 or existing correctional services or 6.17 programs. 6.18 $132,000 is a one-time appropriation 6.19 for a grant to Ramsey county for the 6.20 development and operation of a one-year 6.21 pilot project in Ramsey county 6.22 targeting intensive intervention to 6.23 families who have been involved in the 6.24 violent drug culture. 6.25 This pilot program is to provide 6.26 intensive residential services in Phase 6.27 I for up to 90 days as an alternative 6.28 to incarceration of adult women and 6.29 out-of-home placement of their 6.30 children. Case management for families 6.31 and weekly urine analysis for the adult 6.32 women will be provided throughout the 6.33 program. 6.34 Phase II is to be a time of placement 6.35 in a transitional housing program. 6.36 Phase III is to be a time of 6.37 reintegration into neighborhood living 6.38 and responsible citizenship with the 6.39 assistance of community-based 6.40 neighborhood organizations that are 6.41 recruited by project staff. 6.42 $275,000 the second year is a one-time 6.43 appropriation for grants to existing 6.44 restorative justice programs, as 6.45 described in Minnesota Statutes, 6.46 section 611A.775. In awarding grants 6.47 under this provision, the commissioner 6.48 shall give priority to existing 6.49 programs that involve face-to-face 6.50 dialogue. 6.51 This appropriation must be added to the 6.52 appropriation for the pilot project 6.53 restorative justice program in Laws 6.54 1997, chapter 239, article 1, section 6.55 12, subdivision 4. 6.56 $325,000 the second year is a one-time 6.57 appropriation to fund additional 6.58 juvenile mentoring pilot programs of 6.59 the type described in Laws 1996, 6.60 chapter 408, article 2, section 8. At 6.61 the end of the pilot programs, the 6.62 commissioner shall report findings and 6.63 recommendations concerning the pilot 6.64 programs to the chairs and ranking 7.1 minority members of the house and 7.2 senate committees with jurisdiction 7.3 over criminal justice and higher 7.4 education issues. 7.5 $980,000 the second year is to 7.6 administer the remote electronic 7.7 alcohol monitoring program described in 7.8 Minnesota Statutes, section 169.1219. 7.9 $100,000 is a one-time appropriation 7.10 for a grant to Hennepin county to be 7.11 used to continue implementation and 7.12 operation of the community-oriented 7.13 chemical dependency pilot project 7.14 established in Laws 1996, chapter 408, 7.15 article 2, section 11. 7.16 Sec. 8. CORRECTIONS OMBUDSMAN -0- 15,000 7.17 $15,000 the second year is for agency 7.18 head salary and benefit adjustments to 7.19 the Ombudsman for Corrections. 7.20 Sec. 9. PUBLIC SAFETY 7.21 Subdivision 1. Total 7.22 Appropriation 75,000 1,001,000 7.23 The amounts that may be spent from this 7.24 appropriation for each program are 7.25 specified in the following subdivisions. 7.26 Subd. 2. Emergency 7.27 Management 7.28 50,000 148,000 7.29 $50,000 the first year is a one-time 7.30 appropriation for the purchase of 7.31 flood-fighting supplies and equipment. 7.32 $50,000 the second year is to fund one 7.33 full-time staff person to coordinate 7.34 volunteer resources during disasters, 7.35 as described in article 11. 7.36 $98,000 the second year is added to the 7.37 appropriation in Laws 1997, chapter 7.38 239, article 1, section 7, subdivision 7.39 2, and fully funds the activity by 7.40 replacing the existing collection of 7.41 special revenues through interagency 7.42 contracts with a direct appropriation. 7.43 The personnel complement of the 7.44 emergency management center in the 7.45 division of emergency management is 7.46 increased by one-half position. 7.47 Subd. 3. Crime Victim 7.48 Ombudsman 7.49 25,000 100,000 7.50 $25,000 the first year and $25,000 the 7.51 second year are for the consolidation 7.52 of crime victim services under 7.53 provisions of reorganization order 180. 7.54 $75,000 the second year is a one-time 8.1 appropriation for grants to 8.2 organizations or local units of 8.3 government providing support services 8.4 to individuals leaving systems of 8.5 prostitution. Grantees must provide a 8.6 funding match. 8.7 The center for crime victims services 8.8 and the battered women advisory council 8.9 shall ensure that community advocacy 8.10 programs and support services are 8.11 available for battered women and their 8.12 children in Big Stone county. 8.13 The executive director of the center 8.14 for crime victim services must: 8.15 (1) maintain the duties, functions, 8.16 responsibilities, size, diversity, and 8.17 structure of the battered women 8.18 advisory council, the sexual assault 8.19 advisory council, the general crime 8.20 victim advisory council, and the crime 8.21 victim and witness advisory council; 8.22 (2) retain the current percentages 8.23 allocation of federal funds under the 8.24 Violence Against Women Act; 8.25 (3) retain crime-specific funding 8.26 initiatives; 8.27 (4) provide grantees of the new center, 8.28 at a minimum, quarterly reports from 8.29 the executive director; and 8.30 (5) conduct focus group meetings around 8.31 the state to ascertain victim and 8.32 provider priorities. 8.33 The executive director also must not 8.34 create additional councils or bodies 8.35 superseding the duties, functions, or 8.36 responsibilities of existing councils. 8.37 These requirements stay in effect until 8.38 June 30, 1999. 8.39 The center for crime victim services is 8.40 directed to develop a process for 8.41 determining priorities for future 8.42 funding requests. 8.43 The crime victim ombudsman shall have 8.44 responsibility for budgetary matters 8.45 related to the duties of the crime 8.46 victim ombudsman under Minnesota 8.47 Statutes, sections 611A.72 to 611A.74. 8.48 The executive director of the center 8.49 for crime victim services shall have 8.50 responsibility over budgetary matters 8.51 related to the center for crime victim 8.52 services. 8.53 Subd. 4. Fire Marshal 8.54 -0- 170,000 8.55 $170,000 is to establish, administer, 8.56 and maintain the arson investigative 8.57 data system described in Minnesota 9.1 Statutes, section 299F.04. 9.2 Subd. 5. Criminal Apprehension 9.3 -0- 283,000 9.4 $50,000 is a one-time appropriation to 9.5 administer and maintain the conditional 9.6 release data system described in 9.7 Minnesota Statutes, section 299C.147. 9.8 $100,000 is for grants under Minnesota 9.9 Statutes, section 299C.065. 9.10 $133,000 is to hire two additional 9.11 full-time forensic scientists for 9.12 processing of latent fingerprint and 9.13 other crime scene evidence. The 9.14 addition of these forensic scientists 9.15 shall not displace existing staff. 9.16 Subd. 6. Law Enforcement and 9.17 Community Grants 9.18 -0- 300,000 9.19 $100,000 is a one-time appropriation 9.20 for weed and seed grants under 9.21 Minnesota Statutes, section 299A.63. 9.22 $150,000 is a one-time appropriation to 9.23 provide grants to local law enforcement 9.24 agencies to purchase automatic external 9.25 defibrillators under section 13. The 9.26 commissioner shall ensure that each 9.27 local law enforcement agency receiving 9.28 a grant has made a good faith effort to 9.29 provide a funding match from private 9.30 donations. The commissioner has 9.31 discretion to award the grant even if 9.32 the match is not available. 9.33 $50,000 is for expenses related to the 9.34 increased use of the criminal alert 9.35 network under Minnesota Statutes, 9.36 section 299A.61. 9.37 Sec. 10. BOARD OF PEACE 9.38 OFFICER STANDARDS AND TRAINING 148,000 -0- 9.39 $148,000 the first year is a one-time 9.40 appropriation for extraordinary legal 9.41 costs related to the settlement and 9.42 release of a wrongful discharge claim. 9.43 Sec. 11. HUMAN RIGHTS -0- 350,000 9.44 $350,000 is a one-time appropriation to 9.45 the commissioner of human rights for 9.46 grants to eligible organizations under 9.47 Minnesota Statutes, sections 363.30 to 9.48 363.33. Of this amount, $175,000 is 9.49 for fair housing enforcement 9.50 activities, including housing 9.51 discrimination complaint intake, 9.52 investigation, and legal representation 9.53 of persons concerning their housing 9.54 discrimination claims, and $175,000 is 9.55 for fair housing education and 9.56 outreach, testing, community auditing, 9.57 and research. 10.1 Money appropriated to the commissioner 10.2 under this section shall not be used by 10.3 the department of human rights for 10.4 administrative purposes. Testing 10.5 services funded by money appropriated 10.6 under this section and used in 10.7 department of human rights 10.8 investigations are not considered 10.9 administrative purposes. 10.10 Sec. 12. Laws 1997, chapter 239, article 1, section 7, 10.11 subdivision 8, is amended to read: 10.12 Subd. 8. Law Enforcement and Community Grants 10.13 3,260,000 2,745,000 10.14 The appropriations in this subdivision 10.15 are one-time appropriations. 10.16 $2,250,000 each year is to provide 10.17 funding for: 10.18 (1) grants under Minnesota Statutes, 10.19 section 299A.62, subdivision 1, clause 10.20 (2), to enable local law enforcement 10.21 agencies to assign overtime officers to 10.22 high crime areas within their 10.23 jurisdictions. These grants shall be 10.24 distributed as provided in subdivision 10.25 2 of that section. Up to $23,000 may 10.26 be used to administer grants awarded 10.27 under this clause; and 10.28 (2) weed and seed grants under 10.29 Minnesota Statutes, section 299A.63. 10.30 This appropriation shall be divided in 10.31 equal parts between the two programs. 10.32 Money not expended in the first year is 10.33 available for grants during the second 10.34 year. 10.35 By February 1, 1998, the commissioner 10.36 shall report to the chairs of the 10.37 senate and house divisions having 10.38 jurisdiction over criminal justice 10.39 funding, on grants made under clauses 10.40 (1) and (2). 10.41 $50,000 the first year is for Ramsey 10.42 county to continue the special unit 10.43 enforcing the state nuisance laws. 10.44 $50,000 the first year is for one or 10.45 more grants to community-based programs 10.46 to conduct research on street gang 10.47 culture and, based on this research, 10.48 develop effective prevention and 10.49 intervention techniques to help youth 10.50 avoid or end their street gang 10.51 involvement. Each program receiving a 10.52 grant shall provide a report to the 10.53 criminal gang oversight council that 10.54 contains the following information: 10.55 (1) the results of the program's 10.56 research on street gang culture; 11.1 (2) the program's plans for additional 11.2 research on street gang culture, if 11.3 any; and 11.4 (3) the prevention and intervention 11.5 techniques developed by the program. 11.6 An interim report must be provided to 11.7 the council six months after a program 11.8 is awarded a grant. A final report 11.9 must be provided to the council by 11.10 February 1, 1999. A copy of each 11.11 report also must be provided to the 11.12 commissioner of public safety. 11.13 Each program receiving a grant also 11.14 must provide information and 11.15 recommendations on gang culture to the 11.16 criminal gang oversight council and 11.17 criminal gang strike force, as 11.18 requested by the council or strike 11.19 force. 11.20 $40,000the first yearshall be 11.21 transferred as a grant to a nonprofit 11.22 organization to be used to meet 11.23 one-half of the state match requirement 11.24 if the organization receivesfederal11.25 matching funding to: (1) acquire 11.26 interactive multimedia equipment for 11.27 courtroom presentations to aid in the 11.28 prosecution of complex homicide and 11.29 child fatality cases; and (2) retain a 11.30 forensic pathologist skilled in making 11.31 such presentations to serve as a 11.32 consultant to prosecutors statewide for 11.33 one year. This grant is available only 11.34 if the organization obtains funds for 11.35 the remainder of the state match from 11.36 other sources. 11.37 $175,000 the first year is for grants 11.38 to the Council on Black Minnesotans to 11.39 continue the program established in 11.40 Laws 1996, chapter 408, article 2, 11.41 section 13. 11.42 $250,000 each year is for grants to 11.43 local governmental units that have 11.44 incurred costs implementing Minnesota 11.45 Statutes, section 244.052 or 244.10, 11.46 subdivision 2a. Local governmental 11.47 units shall detail the costs they have 11.48 incurred along with any other 11.49 information required by the 11.50 commissioner. The commissioner shall 11.51 award grants in a manner that 11.52 reimburses local governmental units 11.53 demonstrating the greatest need. Of 11.54 this appropriation, up to $40,000 may 11.55 be used for educational equipment and 11.56 training to be used for sex offender 11.57 notification meetings by law 11.58 enforcement agencies around the state. 11.59 $120,000 each year is for a grant to 11.60 the northwest Hennepin human services 11.61 council to administer the northwest 11.62 community law enforcement project, to 11.63 be available until June 30, 1999. 12.1 $75,000 each year is for grants to 12.2 Hennepin and Ramsey counties to 12.3 administer the community service grant 12.4 pilot project program. 12.5 $100,000 the first year is for grants 12.6 to the city of St. Paul to be used by 12.7 the city to acquire and renovate a 12.8 building for a joint use police 12.9 storefront and youth activity center in 12.10 the north end area of St. Paul. 12.11 $25,000 the first year is for the 12.12 criminal alert network to disseminate 12.13 data regarding the use of fraudulent 12.14 checks and the coordination of security 12.15 and antiterrorism efforts with the 12.16 Federal Bureau of Investigation. This 12.17 money is available only if the 12.18 commissioner determines the expansion 12.19 is feasible. If the commissioner 12.20 determines that one or both of the uses 12.21 are not feasible, the commissioner 12.22 shall reduce the amount spent 12.23 accordingly. 12.24 $75,000 the first year is for a grant 12.25 to the Fourth Judicial District to plan 12.26 for a family violence coordinating 12.27 council. 12.28 Sec. 13. [AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT PROGRAM.] 12.29 (a) The commissioner of public safety shall administer a 12.30 grant program to provide grants to local law enforcement 12.31 agencies to purchase automatic external defibrillators. Grants 12.32 awarded under this section may only be made to law enforcement 12.33 agencies that are first responders for medical emergencies. Law 12.34 enforcement agencies that receive grants under this section must: 12.35 (1) provide any necessary training to their employees 12.36 concerning the use of the defibrillator; 12.37 (2) retain or consult with a physician consultant who is 12.38 responsible for assisting the agency with issues involving the 12.39 defibrillator and following up on the medical status of persons 12.40 on whom a defibrillator has been used; and 12.41 (3) compile statistics on the use of the defibrillator and 12.42 its results and report this information to the commissioner as 12.43 required. 12.44 (b) By January 15, 1999, the commissioner shall report to 12.45 the chairs of the senate and house divisions having jurisdiction 12.46 over criminal justice funding on grants awarded under paragraph 12.47 (a). 13.1 Sec. 14. [PARENTAL COOPERATION TASK FORCE.] 13.2 The supreme court is requested to convene a task force to 13.3 evaluate ways to reduce conflict between parents, including the 13.4 use of parenting plans. The supreme court is requested to 13.5 consult on appointments to the task force with the chair of the 13.6 civil and family law division in the house of representatives 13.7 and the chair of the family law subcommittee in the senate. The 13.8 task force shall: 13.9 (1) research ways to reduce conflict between parents, 13.10 including parenting plans and the experience with parenting 13.11 plans in states that have implemented them; 13.12 (2) consider ways to facilitate the local option on 13.13 parenting plans in Minnesota Statutes, chapter 518D, and to 13.14 address any problems caused by the lack of statewide uniformity 13.15 resulting from implementing chapter 518D; and 13.16 (3) evaluate the fiscal implications of the implementation 13.17 of parenting plans. 13.18 The task force shall submit a progress report to the chairs 13.19 of the house and senate judiciary committees by January 15, 13.20 1999, and shall submit a final report to these committees by 13.21 January 15, 2000. 13.22 Sec. 15. [CENTER FOR CRIME VICTIM SERVICES.] 13.23 The commissioner of corrections and commissioner of public 13.24 safety shall work with the executive director of the center for 13.25 crime victim services to transfer furniture and equipment to the 13.26 center for crime victim services at its new location. To the 13.27 extent new furniture needs to be purchased, reasonable efforts 13.28 shall be made to purchase furniture made as part of an 13.29 industrial and commercial activity authorized under Minnesota 13.30 Statutes, section 241.27. 13.31 Sec. 16. [REVIEW OF CRIMINAL JUSTICE PROJECTS AND 13.32 PROGRAMS.] 13.33 The legislative audit commission is requested to direct the 13.34 legislative auditor to conduct a review of the criminal justice 13.35 projects and criminal justice programs that have received an 13.36 appropriation from the legislature at any time from 1989 to 1998. 14.1 This review must include, for each program: 14.2 (1) a description of the project or program; 14.3 (2) a summary of the project's or program's stated 14.4 objectives at the time each appropriation was made; 14.5 (3) a summary of the project's or program's stated 14.6 objectives after the appropriation was made, if different than 14.7 the project's or program's stated objectives at the time each 14.8 appropriation was made; 14.9 (4) a record showing the appropriation the project or 14.10 program received from the legislature each year, if any, and a 14.11 record showing the total amount of appropriations received in 14.12 the past ten years; 14.13 (5) an evaluation of each project's or program's 14.14 performance, including, but not limited to, the success or 14.15 failure of the program in meeting the objectives the project or 14.16 program identified at the time the appropriation was made; and 14.17 (6) any other related issues that the auditor believes will 14.18 contribute to an accurate assessment of projects and programs 14.19 that have received appropriations from the legislature. 14.20 The review also shall include information on the number of 14.21 projects and programs receiving an appropriation each year, the 14.22 amount of money appropriated for these projects and programs 14.23 each year, and the total amount of money appropriated for these 14.24 projects and programs in the past ten years. 14.25 If the commission directs the auditor to conduct this 14.26 study, the auditor shall report its findings to the chairs of 14.27 the house and senate committees and divisions with jurisdiction 14.28 over criminal justice policy and funding by January 15, 1999. 14.29 ARTICLE 2 14.30 GENERAL CRIME PROVISIONS 14.31 Section 1. Minnesota Statutes 1996, section 588.20, is 14.32 amended to read: 14.33 588.20 [CRIMINAL CONTEMPTS.] 14.34 Subdivision 1. [FELONY CONTEMPT.] (a) A person who 14.35 knowingly and willfully disobeys a subpoena lawfully issued in 14.36 relation to a crime of violence, as defined in section 609.11, 15.1 subdivision 9, with the intent to obstruct the criminal justice 15.2 process, is guilty of a felony and may be sentenced to 15.3 imprisonment for not more than five years or to payment of a 15.4 fine of not more than $10,000, or both. 15.5 (b) A charge brought under this subdivision must be 15.6 dismissed if the person voluntarily appears within 48 hours 15.7 after the time required for appearance on the subpoena and 15.8 reappears as directed by the court until discharged from the 15.9 subpoena by the court. However, felony charges may be filed 15.10 before the expiration of the 48 hours. This paragraph does not 15.11 apply if the person appears as a result of being located by law 15.12 enforcement authorities. 15.13 Subd. 2. [MISDEMEANOR CONTEMPT.] Every person whoshall15.14commitcommits a contempt of court, of any one of the following 15.15 kinds,shall beis guilty of a misdemeanor: 15.16 (1) disorderly, contemptuous, or insolent behavior, 15.17 committed during the sitting of the court, in its immediate view 15.18 and presence, and directly tending to interrupt its proceedings, 15.19 or to impair the respect due to its authority; 15.20 (2) behavior of like character in the presence of a 15.21 referee, while actually engaged in a trial or hearing, pursuant 15.22 to an order of court, or in the presence of a jury while 15.23 actually sitting for the trial of a cause, or upon an inquest or 15.24 other proceeding authorized by law; 15.25 (3) breach of the peace, noise, or other disturbance 15.26 directly tending to interrupt the proceedings of a court, jury, 15.27 or referee; 15.28 (4) willful disobedience to the lawful process or other 15.29 mandate of a court other than the conduct described in 15.30 subdivision 1; 15.31 (5) resistance willfully offered to its lawful process or 15.32 other mandate other than the conduct described in subdivision 1; 15.33 (6) contumacious and unlawful refusal to be sworn as a 15.34 witness, or, after being sworn, to answer any legal and proper 15.35 interrogatory; 15.36 (7) publication of a false or grossly inaccurate report of 16.1 its proceedings; or 16.2 (8) willful failure to pay court-ordered child support when 16.3 the obligor has the ability to pay. 16.4 No personshallmay be punished ashereinprovided in this 16.5 subdivision for publishing a true, full, and fair report of a 16.6 trial, argument, decision, or other court proceedinghad in16.7court. 16.8 Sec. 2. Minnesota Statutes 1996, section 609.11, 16.9 subdivision 5, is amended to read: 16.10 Subd. 5. [FIREARM.] (a) Except as otherwise provided in 16.11 paragraph (b), any defendant convicted of an offense listed in 16.12 subdivision 9 in which the defendant or an accomplice, at the 16.13 time of the offense, had in possession or used, whether by 16.14 brandishing, displaying, threatening with, or otherwise 16.15 employing, a firearm, shall be committed to the commissioner of 16.16 corrections for not less than three years, nor more than the 16.17 maximum sentence provided by law. Any defendant convicted of a 16.18 second or subsequent offense in which the defendant or an 16.19 accomplice, at the time of the offense, had in possession or 16.20 used a firearm shall be committed to the commissioner of 16.21 corrections for not less than five years, nor more than the 16.22 maximum sentence provided by law. 16.23 (b) Any defendant convicted of violating section 609.165 or 16.24 624.713, subdivision 1, clause (b), shall be committed to the 16.25 commissioner of corrections for not less than18 monthsfive 16.26 years, nor more than the maximum sentence provided by law.Any16.27defendant convicted of a second or subsequent violation of16.28either of these sections shall be committed to the commissioner16.29of corrections for not less than five years, nor more than the16.30maximum sentence provided by law.16.31 Sec. 3. Minnesota Statutes 1997 Supplement, section 16.32 609.11, subdivision 9, is amended to read: 16.33 Subd. 9. [APPLICABLE OFFENSES.] The crimes for which 16.34 mandatory minimum sentences shall be served as provided in this 16.35 section are: murder in the first, second, or third degree; 16.36 assault in the first, second, or third degree; burglary; 17.1 kidnapping; false imprisonment; manslaughter in the first or 17.2 second degree; aggravated robbery; simple robbery; witness 17.3 tampering; criminal sexual conduct under the circumstances 17.4 described in sections 609.342, subdivision 1, clauses (a) to 17.5 (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, 17.6 subdivision 1, clauses (a) to (e) and (h) to (j); escape from 17.7 custody; arson in the first, second, or third degree; drive-by 17.8 shooting under section 609.66, subdivision 1e; harassment and 17.9 stalking under section 609.749, subdivision 3, clause (3); 17.10 possession or other unlawful use of a firearm in violation of 17.11 section 609.165, subdivision 1b, or 624.713, subdivision 1, 17.12 clause (b), a felony violation of chapter 152; or any attempt to 17.13 commit any of these offenses. 17.14 Sec. 4. Minnesota Statutes 1996, section 609.184, 17.15 subdivision 2, is amended to read: 17.16 Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence 17.17 a person to life imprisonment without possibility of release 17.18 under the following circumstances: 17.19 (1) the person is convicted of first degree murder under 17.20 section 609.185, clause (2) or (4);or17.21 (2) the person is convicted of committing first degree 17.22 murder in the course of a kidnapping under section 609.185, 17.23 clause (3); or 17.24 (3) the person is convicted of first degree murder under 17.25 section 609.185, clause (1), (3), (5), or (6), and the court 17.26 determines on the record at the time of sentencing that the 17.27 person has one or more previous convictions for a heinous crime. 17.28 Sec. 5. Minnesota Statutes 1996, section 609.185, is 17.29 amended to read: 17.30 609.185 [MURDER IN THE FIRST DEGREE.] 17.31 Whoever does any of the following is guilty of murder in 17.32 the first degree and shall be sentenced to imprisonment for life: 17.33 (1) causes the death of a human being with premeditation 17.34 and with intent to effect the death of the person or of another; 17.35 (2) causes the death of a human being while committing or 17.36 attempting to commit criminal sexual conduct in the first or 18.1 second degree with force or violence, either upon or affecting 18.2 the person or another; 18.3 (3) causes the death of a human being with intent to effect 18.4 the death of the person or another, while committing or 18.5 attempting to commit burglary, aggravated robbery, kidnapping, 18.6 arson in the first or second degree, a drive-by shooting, 18.7 tampering with a witness in the first degree, escape from 18.8 custody, or any felony violation of chapter 152 involving the 18.9 unlawful sale of a controlled substance; 18.10 (4) causes the death of a peace officer or a guard employed 18.11 at a Minnesota state or local correctional facility, with intent 18.12 to effect the death of that person or another, while the peace 18.13 officer or guard is engaged in the performance of official 18.14 duties; 18.15 (5) causes the death of a minor while committing child 18.16 abuse, when the perpetrator has engaged in a past pattern of 18.17 child abuse upon the child and the death occurs under 18.18 circumstances manifesting an extreme indifference to human life; 18.19 or 18.20 (6) causes the death of a human being while committing 18.21 domestic abuse, when the perpetrator has engaged in a past 18.22 pattern of domestic abuse upon the victim and the death occurs 18.23 under circumstances manifesting an extreme indifference to human 18.24 life. 18.25 For purposes of clause (5), "child abuse" means an act 18.26 committed against a minor victim that constitutes a violation of 18.27 the following laws of this state or any similar laws of the 18.28 United States or any other state: section 609.221; 609.222; 18.29 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 18.30 609.377; 609.378; or 609.713. 18.31 For purposes of clause (6), "domestic abuse" means an act 18.32 that: 18.33 (1) constitutes a violation of section 609.221, 609.222, 18.34 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 18.35 609.713, or any similar laws of the United States or any other 18.36 state; and 19.1 (2) is committed against the victim who is a family or 19.2 household member as defined in section 518B.01, subdivision 2, 19.3 paragraph (b). 19.4 Sec. 6. Minnesota Statutes 1996, section 609.19, 19.5 subdivision 1, is amended to read: 19.6 Subdivision 1. [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 19.7 Whoever does either of the following is guilty of murder in the 19.8 second degree and may be sentenced to imprisonment for not more 19.9 than 40 years: 19.10 (1) causes the death of a human being with intent to effect 19.11 the death of that person or another, but without premeditation;19.12 or 19.13 (2) causes the death of a human being while committing or 19.14 attempting to commit a drive-by shooting in violation of section 19.15 609.66, subdivision 1e, under circumstances other than those 19.16 described in section 609.185, clause (3). 19.17 Sec. 7. Minnesota Statutes 1996, section 609.229, 19.18 subdivision 2, is amended to read: 19.19 Subd. 2. [CRIMES.] A person who commits a crime for the 19.20 benefit of, at the direction of,orin association with, or 19.21 motivated by involvement with a criminal gang, with the intent 19.22 to promote, further, or assist in criminal conduct by gang 19.23 members is guilty of a crime and may be sentenced as provided in 19.24 subdivision 3. 19.25 Sec. 8. Minnesota Statutes 1996, section 609.229, 19.26 subdivision 3, is amended to read: 19.27 Subd. 3. [PENALTY.] (a) If the crime committed in 19.28 violation of subdivision 2 is a felony, the statutory maximum 19.29 for the crime isthreefive years longer than the statutory 19.30 maximum for the underlying crime. 19.31 (b) If the crime committed in violation of subdivision 2 is 19.32 a misdemeanor, the person is guilty of a gross misdemeanor. 19.33 (c) If the crime committed in violation of subdivision 2 is 19.34 a gross misdemeanor, the person is guilty of a felony and may be 19.35 sentenced to imprisonment for not more thanone year and a day19.36 three years or to payment of a fine of not more 20.1 than$5,000$15,000, or both. 20.2 Sec. 9. Minnesota Statutes 1996, section 609.322, 20.3 subdivision 1, is amended to read: 20.4 Subdivision 1. Whoever, while acting other than as a 20.5 prostitute or patron, intentionally doeseitherany of the 20.6 following may be sentenced to imprisonment for not more than 20 20.7 years or to payment of a fine of not more than $40,000, or both: 20.8 (1) solicits or induces an individual under the age of 16 20.9 years to practice prostitution;or20.10 (2) promotes the prostitution of an individual under the 20.11 age of 16 years; or 20.12 (3) intentionally receives profit, knowing or having reason 20.13 to know that it is derived from the prostitution, or the 20.14 promotion of the prostitution, of an individual under the age of 20.15 16 years. 20.16 Sec. 10. Minnesota Statutes 1996, section 609.322, 20.17 subdivision 1a, is amended to read: 20.18 Subd. 1a. Whoever, while acting other than as a prostitute 20.19 or patron, intentionally does any of the following may be 20.20 sentenced to imprisonment for not more thanten15 years or to 20.21 payment of a fine of not more than$20,000$30,000, or both: 20.22 (1) solicits or induces an individualat least 16 but less20.23than 18 years of ageto practice prostitution; or 20.24 (2)Solicits or induces an individual to practice20.25prostitution by means of force; or20.26(3) Uses a position of authority to solicit or induce an20.27individual to practice prostitution; or20.28(4)promotes the prostitution of an individualin the20.29following circumstances:20.30(a) The individual is at least 16 but less than 18 years of20.31age; or20.32(b) The actor knows that the individual has been induced or20.33solicited to practice prostitution by means of force; or20.34(c) The actor knows that a position of authority has been20.35used to induce or solicit the individual to practice20.36prostitution; or 21.1 (3) intentionally receives profit, knowing or having reason 21.2 to know that it is derived from the prostitution, or the 21.3 promotion of the prostitution, of an individual. 21.4 Sec. 11. Minnesota Statutes 1996, section 609.322, is 21.5 amended by adding a subdivision to read: 21.6 Subd. 1b. Subdivisions 1, clause (3), and 1a, clause (3), 21.7 do not apply to: 21.8 (1) a minor who is dependent on an individual acting as a 21.9 prostitute and who may have benefited from or been supported by 21.10 the individual's earnings derived from prostitution; or 21.11 (2) a parent over the age of 55 who is dependent on an 21.12 individual acting as a prostitute, who may have benefited from 21.13 or been supported by the individual's earnings derived from 21.14 prostitution, and who did not know that the earnings were 21.15 derived from prostitution; or 21.16 (3) the sale of goods or services to a prostitute in the 21.17 ordinary course of a lawful business. 21.18 Sec. 12. [609.3242] [PROSTITUTION CRIMES COMMITTED IN 21.19 SCHOOL OR PARK ZONES OR RESIDENTIAL NEIGHBORHOODS; INCREASED 21.20 PENALTIES.] 21.21 Subdivision 1. [DEFINITIONS.] As used in this section: 21.22 (1) "park zone" has the meaning given in section 152.01, 21.23 subdivision 12a; 21.24 (2) "residential neighborhood" means any area within 150 21.25 feet of a residence; and 21.26 (3) "school zone" has the meaning given in section 152.01, 21.27 subdivision 14a, and also includes: 21.28 (i) school bus stops established by a school board under 21.29 section 123.39, while school children are waiting for the bus; 21.30 and 21.31 (ii) any location where a child may be while traveling to 21.32 or from school. 21.33 Subd. 2. [INCREASED PENALTIES.] Any person who commits a 21.34 violation of section 609.322 or 609.324 while in a school zone, 21.35 park zone, or residential neighborhood may be sentenced as 21.36 follows: 22.1 (1) if the crime committed is a felony, the statutory 22.2 maximum for the crime is three years longer than the statutory 22.3 maximum for the underlying crime; 22.4 (2) if the crime committed is a gross misdemeanor, the 22.5 person is guilty of a felony and may be sentenced to 22.6 imprisonment for not more than two years or to payment of a fine 22.7 of not more than $4,000, or both; and 22.8 (3) if the crime committed is a misdemeanor, the person is 22.9 guilty of a gross misdemeanor. 22.10 Sec. 13. Minnesota Statutes 1996, section 609.49, 22.11 subdivision 1, is amended to read: 22.12 Subdivision 1. [FELONY OFFENDERS.] (a) A person charged 22.13 with or convicted of a felony and released from custody, with or 22.14 without bail or recognizance, on condition that the releasee 22.15 personally appear when required with respect to the charge or 22.16 conviction, who intentionally fails to appear when required 22.17 after having been notified that a failure to appear for a court 22.18 appearance is a criminal offense, is guilty of a crime for 22.19 failure to appear and may be sentenced toimprisonment for not22.20more than one year or to payment of a fine of not more than22.21$3,000, or bothnot more than one-half of the maximum term of 22.22 imprisonment or fine, or both, provided for the underlying crime 22.23 for which the person failed to appear, but this maximum sentence 22.24 shall, in no case, be less than a term of imprisonment of one 22.25 year and one day or a fine of $1,500, or both. 22.26 (b) A charge brought under this subdivision must be 22.27 dismissed if the person who fails to appear voluntarily 22.28 surrenders within 48 hours after the time required for 22.29 appearance. However, felony charges may be filed before the 22.30 expiration of the 48 hours. This paragraph does not apply if 22.31 the offender appears as a result of being apprehended by law 22.32 enforcement authorities. 22.33 Sec. 14. Minnesota Statutes 1996, section 609.50, 22.34 subdivision 2, is amended to read: 22.35 Subd. 2. [PENALTY.] A person convicted of violating 22.36 subdivision 1 may be sentenced as follows: 23.1 (1) if (i) theact was committed with knowledge that it23.2 person knew or had reason to know that the act created a risk of 23.3 death, substantial bodily harm, or serious property damage,; or 23.4 (ii) the act caused death, substantial bodily harm, or serious 23.5 property damage; orif(iii) the act involved the intentional 23.6 disarming of a peace officer by taking or attempting to take the 23.7 officer's firearm from the officer's possession without the 23.8 officer's consent,; to imprisonment for not more than five years 23.9 or to payment of a fine of not more than $10,000, or both; 23.10 (2) if the act was accompanied by force or violence or the 23.11 threat thereof, and is not otherwise covered by clause (1), to 23.12 imprisonment for not more than one year or to payment of a fine 23.13 of not more than $3,000, or both; or 23.14 (3) in other cases, to imprisonment for not more than 90 23.15 days or to payment of a fine of not more than $700, or both. 23.16 Sec. 15. Minnesota Statutes 1997 Supplement, section 23.17 609.52, subdivision 3, is amended to read: 23.18 Subd. 3. [SENTENCE.] Whoever commits theft may be 23.19 sentenced as follows: 23.20 (1) to imprisonment for not more than 20 years or to 23.21 payment of a fine of not more than $100,000, or both, if the 23.22 property is a firearm, or the value of the property or services 23.23 stolen is more than $35,000 and the conviction is for a 23.24 violation of subdivision 2, clause (3), (4), (15), or (16); or 23.25 (2) to imprisonment for not more than ten years or to 23.26 payment of a fine of not more than $20,000, or both, if the 23.27 value of the property or services stolen exceeds $2,500, or if 23.28 the property stolen was an article representing a trade secret, 23.29 an explosive or incendiary device, or a controlled substance 23.30 listed in schedule I or II pursuant to section 152.02 with the 23.31 exception of marijuana; or 23.32 (3) to imprisonment for not more than five years or to 23.33 payment of a fine of not more than $10,000, or both, if: 23.34 (a) the value of the property or services stolen is more 23.35 than $500 but not more than $2,500; or 23.36 (b) the property stolen was a controlled substance listed 24.1 in schedule III, IV, or V pursuant to section 152.02; or 24.2 (c) the value of the property or services stolen is more 24.3 than $200 but not more than $500 and the person has been 24.4 convicted within the preceding five years for an offense under 24.5 this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 24.6 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 24.7 609.821, or a statute from another state, the United States, or 24.8 a foreign jurisdiction, in conformity with any of those 24.9 sections, and the person received a felony or gross misdemeanor 24.10 sentence for the offense, or a sentence that was stayed under 24.11 section 609.135 if the offense to which a plea was entered would 24.12 allow imposition of a felony or gross misdemeanor sentence; or 24.13 (d) the value of the property or services stolen is not 24.14 more than $500, and any of the following circumstances exist: 24.15 (i) the property is taken from the person of another or 24.16 from a corpse, or grave or coffin containing a corpse; or 24.17 (ii) the property is a record of a court or officer, or a 24.18 writing, instrument or record kept, filed or deposited according 24.19 to law with or in the keeping of any public officer or office; 24.20 or 24.21 (iii) the property is taken from a burning, abandoned, or 24.22 vacant building or upon its removal therefrom, or from an area 24.23 of destruction caused by civil disaster, riot, bombing, or the 24.24 proximity of battle; or 24.25 (iv) the property consists of public funds belonging to the 24.26 state or to any political subdivision or agency thereof; or 24.27 (v) the property stolen is a motor vehicle; or 24.28 (4) to imprisonment for not more than one year or to 24.29 payment of a fine of not more than $3,000, or both, if the value 24.30 of the property or services stolen is more than $200 but not 24.31 more than $500; or 24.32 (5) in all other cases where the value of the property or 24.33 services stolen is $200 or less, to imprisonment for not more 24.34 than 90 days or to payment of a fine of not more than $700, or 24.35 both, provided, however, in any prosecution under subdivision 2, 24.36 clauses (1), (2), (3), (4), and (13), the value of the money or 25.1 property or services received by the defendant in violation of 25.2 any one or more of the above provisions within any six-month 25.3 period may be aggregated and the defendant charged accordingly 25.4 in applying the provisions of this subdivision; provided that 25.5 when two or more offenses are committed by the same person in 25.6 two or more counties, the accused may be prosecuted in any 25.7 county in which one of the offenses was committed for all of the 25.8 offenses aggregated under this paragraph. 25.9 Sec. 16. [609.5631] [ARSON IN THE FOURTH DEGREE.] 25.10 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 25.11 section, the following terms have the meanings given them. 25.12 (b) "Multiple unit residential building" means a building 25.13 containing two or more apartments. 25.14 (c) "Public building" means a building such as a hotel, 25.15 hospital, motel, dormitory, sanitarium, nursing home, theater, 25.16 stadium, gymnasium, amusement park building, school or other 25.17 building used for educational purposes, museum, restaurant, bar, 25.18 correctional institution, place of worship, or other building of 25.19 public assembly. 25.20 Subd. 2. [ARSON IN THE FOURTH DEGREE.] Whoever 25.21 intentionally by means of fire or explosives sets fire to or 25.22 burns or causes to be burned any real or personal property in a 25.23 multiple unit residential building or public building may be 25.24 sentenced to imprisonment for not more than one year or to 25.25 payment of a fine of not more than $3,000. 25.26 Sec. 17. [609.5632] [ARSON IN THE FIFTH DEGREE.] 25.27 Whoever intentionally by means of fire or explosives sets 25.28 fire to or burns or causes to be burned any real or personal 25.29 property of value may be sentenced to imprisonment for not more 25.30 than 90 days or to payment of a fine of not more than $700. 25.31 Sec. 18. Minnesota Statutes 1996, section 609.582, is 25.32 amended to read: 25.33 609.582 [BURGLARY.] 25.34 Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever 25.35 enters a building without consent and with intent to commit a 25.36 crime, or enters a building without consent and commits a crime 26.1 while in the building, either directly or as an accomplice, 26.2 commits burglary in the first degree and may be sentenced to 26.3 imprisonment for not more than 20 years or to payment of a fine 26.4 of not more than $35,000, or both, if: 26.5 (a) the building is a dwelling and another person, not an 26.6 accomplice, is present in it when the burglar enters or at any 26.7 time while the burglar is in the building; 26.8 (b) the burglar possesses, when entering or at any time 26.9 while in the building, any of the following: a dangerous 26.10 weapon, any article used or fashioned in a manner to lead the 26.11 victim to reasonably believe it to be a dangerous weapon, or an 26.12 explosive; or 26.13 (c) the burglar assaults a person within the building or on 26.14 the building's appurtenant property. 26.15 Subd. 1a. [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 26.16 OCCUPIED DWELLING.] A person convicted of committing burglary of 26.17 an occupied dwelling, as defined in subdivision 1, clause (a), 26.18 must be committed to the commissioner of corrections or county 26.19 workhouse for not less than six months. 26.20 Subd. 2. [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 26.21 building without consent and with intent to commit a crime, or 26.22 enters a building without consent and commits a crime while in 26.23 the building, either directly or as an accomplice, commits 26.24 burglary in the second degree and may be sentenced to 26.25 imprisonment for not more than ten years or to payment of a fine 26.26 of not more than $20,000, or both, if: 26.27 (a) the building is a dwelling; 26.28 (b) the portion of the building entered contains a banking 26.29 business or other business of receiving securities or other 26.30 valuable papers for deposit or safekeeping and the entry is with 26.31 force or threat of force; 26.32 (c) the portion of the building entered contains a pharmacy 26.33 or other lawful business or practice in which controlled 26.34 substances are routinely held or stored, and the entry is 26.35 forcible; or 26.36 (d) when entering or while in the building, the burglar 27.1 possesses a tool to gain access to money or property. 27.2 Subd. 3. [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 27.3 building without consent and with intent to steal or commit any 27.4 felony or gross misdemeanor while in the building, or enters a 27.5 building without consent and steals or commits a felony or gross 27.6 misdemeanor while in the building, either directly or as an 27.7 accomplice, commits burglary in the third degree and may be 27.8 sentenced to imprisonment for not more than five years or to 27.9 payment of a fine of not more than $10,000, or both. 27.10 Subd. 4. [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 27.11 building without consent and with intent to commit a misdemeanor 27.12 other than to steal, or enters a building without consent and 27.13 commits a misdemeanor other than to steal while in the building, 27.14 either directly or as an accomplice, commits burglary in the 27.15 fourth degree and may be sentenced to imprisonment for not more 27.16 than one year or to payment of a fine of not more than $3,000, 27.17 or both. 27.18 Sec. 19. Minnesota Statutes 1996, section 609.66, 27.19 subdivision 1e, is amended to read: 27.20 Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 27.21 in or having just exited from a motor vehicle, recklessly 27.22 discharges a firearm at or toward a person, another motor 27.23 vehicle, or a building is guilty of a felony and may be 27.24 sentenced to imprisonment for not more than three years or to 27.25 payment of a fine of not more than $6,000, or both.If the27.26vehicle or building is occupied, the person may be sentenced to27.27imprisonment for not more than five years or to payment of a27.28fine of not more than $10,000, or both.27.29 (b) Any person who violates this subdivision by firing into 27.30 or at an occupied building or motor vehicle may be sentenced to 27.31 imprisonment for not more than 20 years or to payment of a fine 27.32 of not more than $40,000, or both. 27.33 (c) For purposes of this subdivision, "motor vehicle" has 27.34 the meaning given in section 609.52, subdivision 1, and 27.35 "building" has the meaning given in section 609.581, subdivision 27.36 2. 28.1 Sec. 20. Minnesota Statutes 1997 Supplement, section 28.2 609.749, subdivision 2, is amended to read: 28.3 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 28.4 who harasses another by committing any of the following acts is 28.5 guilty of a gross misdemeanor: 28.6 (1) directly or indirectly manifests a purpose or intent to 28.7 injure the person, property, reputation, or rights of another by 28.8 the commission of an unlawful act; 28.9 (2) stalks, follows, or pursues another; 28.10 (3) returns to the property of another if the actor is 28.11 without claim of right to the property or consent of one with 28.12 authority to consent; 28.13 (4) repeatedly makes telephone calls, or induces a victim 28.14 to make telephone calls to the actor, whether or not 28.15 conversation ensues; 28.16 (5) makes or causes the telephone of another repeatedly or 28.17 continuously to ring; or 28.18 (6) repeatedly mails or delivers or causes the delivery of 28.19 letters, telegrams, messages, packages, or other objects; or28.20(7) engages in any other harassing conduct that interferes28.21with another person or intrudes on the person's privacy or28.22liberty. 28.23 (b) The conduct described in paragraph (a), clauses (4) and 28.24 (5), may be prosecuted at the place where any call is either 28.25 made or received. The conduct described in paragraph (a), 28.26 clause (6), may be prosecuted where any letter, telegram, 28.27 message, package, or other object is either sent or received. 28.28 Sec. 21. Minnesota Statutes 1996, section 609.749, 28.29 subdivision 3, is amended to read: 28.30 Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any 28.31 of the following acts is guilty of a felony: 28.32 (1) commits any offense described in subdivision 2 because 28.33 of the victim's or another's actual or perceived race, color, 28.34 religion, sex, sexual orientation, disability as defined in 28.35 section 363.01, age, or national origin; 28.36 (2) commits any offense described in subdivision 2 by 29.1 falsely impersonating another; 29.2 (3) commits any offense described in subdivision 2 and 29.3 possesses a dangerous weapon at the time of the offense; 29.4 (4) commits a violation of subdivision 1 with intent to 29.5 influence or otherwise tamper with a juror or a judicial 29.6 proceeding or with intent to retaliate against a judicial 29.7 officer, as defined in section 609.415, a peace officer, an 29.8 employee of the state or a political subdivision, or a 29.9 prosecutor, defense attorney, or officer of the court, because 29.10 of that person's performance of official duties in connection 29.11 with a criminal investigation or a judicial proceeding; or 29.12 (5) commits any offense described in subdivision 2 against 29.13 a victim under the age of 18, if the actor is more than 36 29.14 months older than the victim. 29.15 Sec. 22. [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 29.16 A community-based organization, in collaboration with a 29.17 local governmental unit, may establish a restorative justice 29.18 program. A restorative justice program is a program that 29.19 provides forums where certain individuals charged with or 29.20 accused of having committed a crime meet with the victim, if 29.21 appropriate; the victim's family members or other supportive 29.22 persons, if appropriate; the offender's family members or other 29.23 supportive persons, if appropriate; a law enforcement official 29.24 or prosecutor when appropriate; other criminal justice system 29.25 professionals when appropriate; and members of the community, in 29.26 order to: 29.27 (1) discuss the impact of the offense on the victim and the 29.28 community; 29.29 (2) provide support to the victim and methods for 29.30 reintegrating the victim into community life; 29.31 (3) assign an appropriate sanction to the offender; and 29.32 (4) provide methods for reintegrating the offender into 29.33 community life. 29.34 Sec. 23. Laws 1997, chapter 239, article 3, section 26, is 29.35 amended to read: 29.36 Sec. 26. EFFECTIVE DATE. 30.1 Sections 1 to 20, and 25 are effective August 1, 1997, and 30.2 apply to crimes committed on or after that date. Sections 21 to 30.3 23 are effective August 1, 1997, and apply to proceedings 30.4 conducted on or after that date, even if the crime was committed 30.5 before that date. Section 24 is effective July 1, 1997. 30.6 Sec. 24. [AMENDMENT TO SENTENCING GUIDELINES.] 30.7 Pursuant to Laws 1997, chapter 96, section 11, the proposed 30.8 comment contained on page 19 of the January 1998 Minnesota 30.9 sentencing guidelines commission's report to the legislature 30.10 shall take effect on August 1, 1998. 30.11 Sec. 25. [LEGISLATIVE AUDITOR STUDY.] 30.12 The legislative auditor shall conduct a study of the costs 30.13 that criminal activity places on the state and local communities. 30.14 The study shall include not only the direct costs to state and 30.15 local governments of responding to, prosecuting, and punishing 30.16 criminal offenders, but also the indirect economic and social 30.17 costs that criminal activity places on local communities and 30.18 their residents. To the extent possible, this study shall 30.19 compare, by offense type, the costs of imprisoning an offender 30.20 to the costs of criminal behavior if the offender is not 30.21 incarcerated. 30.22 The auditor shall report findings to the chairs of the 30.23 senate crime prevention and house judiciary committees by 30.24 February 15, 1999. 30.25 Sec. 26. [CRIME REPORTS BY CERTAIN CITIES, COUNTIES, AND 30.26 COURTS REQUIRED.] 30.27 Subdivision 1. [TITLE.] This section may be cited as the 30.28 "Community Right to Know Act." 30.29 Subd. 2. [DEFINITION.] (a) As used in this section, the 30.30 following terms have the meanings given them. 30.31 (b) "City" means a city of the first class. 30.32 (c) "County" means a county containing a city of the first 30.33 class. 30.34 (d) "Court" means a district court containing within its 30.35 jurisdiction a city of the first class. 30.36 (e) "Crime" refers to any misdemeanor, gross misdemeanor, 31.1 enhanced gross misdemeanor, or felony offense. 31.2 (f) "Neighborhood" means: 31.3 (1) a neighborhood as defined for the purposes of the 31.4 neighborhood revitalization program under section 469.1831, if 31.5 applicable; or 31.6 (2) a planning district as identified and mapped for city 31.7 district planning purposes. 31.8 (g) "Types of cases" means a categorization of persons 31.9 arrested or cited for, charged with, or prosecuted for any crime 31.10 including, but not limited to, the following: murder, rape, 31.11 robbery, aggravated assault, burglary, larceny-theft, motor 31.12 vehicle theft, arson, domestic assault, other assaults, 31.13 prostitution, narcotic drug law violations, vandalism, other 31.14 property violations, weapons offenses, disorderly conduct, and 31.15 DWI, provided that a person being arrested for multiple offenses 31.16 must be categorized by the most serious offense. 31.17 (h) "Types of crime" means a categorization of crimes into 31.18 the eight part I offense categories and 20 part II offense 31.19 categories listed in the uniform crime report published annually 31.20 by the federal bureau of investigation. 31.21 Subd. 3. [INFORMATION REQUIRED.] (a) Each city shall 31.22 collect and maintain the following information on crimes and 31.23 criminal cases occurring within the city: 31.24 (1) the number and types of crimes reported to local law 31.25 enforcement agencies; 31.26 (2) the number of individuals arrested for crimes by local 31.27 law enforcement agencies; 31.28 (3) the number of tab charges and citations issued for 31.29 crimes by local law enforcement agencies; 31.30 (4) the number and types of crimes cleared by arrest, 31.31 citation, or tab charge; 31.32 (5) the number and types of cases that are referred to the 31.33 city attorney for review or prosecution; 31.34 (6) the number and types of cases that result in the 31.35 issuance of a criminal complaint by the city attorney; and 31.36 (7) the number and types of cases that the city attorney: 32.1 (i) dropped, declined, or denied; or 32.2 (ii) diverted pretrial. 32.3 The city attorney also shall note the full-time equivalent 32.4 number of attorneys, and the number of cases, by assignment area 32.5 for the time period from July 1, 1998, to December 31, 1998. 32.6 (b) Each county shall collect and maintain the following 32.7 information for criminal cases relating to crimes occurring 32.8 within the city: 32.9 (1) the number and types of cases that are referred to the 32.10 county prosecutor for review or prosecution; 32.11 (2) the number and types of cases that result in the 32.12 issuance of a complaint or indictment; and 32.13 (3) the number and types of cases that the county attorney: 32.14 (i) dropped, declined, or denied; or 32.15 (ii) diverted pretrial in accordance with Minnesota 32.16 Statutes, section 388.24 or 401.065. 32.17 The county also shall determine the date by which it came, 32.18 or expects to come, into compliance with Minnesota Statutes, 32.19 section 299C.115, regarding warrant information to be provided 32.20 electronically statewide. 32.21 (c) Each court shall collect and maintain for cases 32.22 occurring within the city: 32.23 (1) the disposition of cases filed with the court, 32.24 including the number and types of cases resulting in dismissal, 32.25 continuance for dismissal, pretrial diversion, guilty plea, 32.26 finding of guilt following trial, stay of adjudication, or 32.27 verdict of acquittal; and 32.28 (2) the number and types of cases that are referred to the 32.29 violations bureau. 32.30 (d) The city, county, and court shall jointly determine: 32.31 (1) the date by which they had, or plan to have, an 32.32 integrated criminal justice information system capable of 32.33 regular and full public reporting on the occurrence and handling 32.34 of crime and criminal cases; and 32.35 (2) the actual or projected cost of such a system. 32.36 Subd. 4. [REPORTS.] By February 1, 1999, each city, 33.1 county, and court required to collect information under 33.2 subdivision 3 shall publish a report describing that information 33.3 for the period from July 1, 1998, to December 31, 1998. If 33.4 practicable, the information reported must be stratified by 33.5 neighborhood within the city. The report shall be submitted to 33.6 the chairs of the house and senate committees having 33.7 jurisdiction over criminal justice policy and funding. 33.8 Sec. 27. [STUDY OF CERTAIN PROSTITUTION CASES.] 33.9 Subdivision 1. [DEFINITION.] As used in this section, 33.10 "prostitution crime" means a violation of Minnesota Statutes, 33.11 section 609.324. 33.12 Subd. 2. [COLLECTION OF INFORMATION.] The offices of the 33.13 Hennepin and Ramsey county attorneys and sheriffs and the 33.14 offices of the Minneapolis and St. Paul city attorneys and 33.15 police departments shall collect information on the 33.16 investigation and prosecution of prostitution crimes committed 33.17 within their respective jurisdictions during calendar year 33.18 1997. The information collected shall include data on the 33.19 neighborhood where the offense allegedly was committed and the 33.20 city where the perpetrator resides; the number of police calls 33.21 or complaints concerning prostitution crimes; the number of 33.22 arrests made or citations issued for prostitution crimes; the 33.23 age, race, and gender of the individuals arrested; the types of 33.24 charges filed in these cases, if any; when the charge is a 33.25 violation of Minnesota Statutes, section 609.324; whether the 33.26 person charged was acting as a patron or prostitute; and the 33.27 disposition of the cases in which prosecutions were initiated, 33.28 including the amount of any fine or penalty assessment imposed 33.29 and whether the offender participated in any restorative justice 33.30 or alternative sentencing measure. 33.31 Subd. 3. [LEGISLATIVE REPORT.] The prosecuting authorities 33.32 specified in subdivision 2 shall cooperate in compiling a report 33.33 containing the information required to be collected under 33.34 subdivision 2 and shall submit the report by December 15, 1998, 33.35 to the chairs of the senate crime prevention committee and the 33.36 house judiciary committee. 34.1 Sec. 28. [SENTENCING GUIDELINES.] 34.2 The sentencing guidelines commission shall rank a violation 34.3 of Minnesota Statutes, section 609.66, subdivision 1e, paragraph 34.4 (b), at severity level VIII. 34.5 Sec. 29. [REPEALER.] 34.6 Minnesota Statutes 1996, sections 609.322, subdivisions 2 34.7 and 3; 609.323; and 609.563, subdivision 2, are repealed. 34.8 Sec. 30. [EFFECTIVE DATE.] 34.9 Section 6 is effective the day following final enactment 34.10 and applies to crimes committed on or after that date. Section 34.11 24 is effective July 1, 1998. Sections 1 to 5, 7 to 23, and 25 34.12 to 27 are effective August 1, 1998, and apply to crimes 34.13 committed on or after that date. 34.14 ARTICLE 3 34.15 SEX OFFENDERS 34.16 Section 1. Minnesota Statutes 1996, section 243.166, 34.17 subdivision 1, is amended to read: 34.18 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 34.19 register under this section if: 34.20 (1) the person was charged with or petitioned for a felony 34.21 violation of or attempt to violate any of the following, and 34.22 convicted of or adjudicated delinquent for that offense or 34.23 another offense arising out of the same set of circumstances: 34.24 (i) murder under section 609.185, clause (2); 34.25 (ii) kidnapping under section 609.25, involving a minor 34.26 victim; or 34.27 (iii) criminal sexual conduct under section 609.342; 34.28 609.343; 609.344;or609.345; or 609.3451, subdivision 3; or 34.29 (iv) indecent exposure under section 617.23, subdivision 3; 34.30 or 34.31 (2) the person was charged with or petitioned for falsely 34.32 imprisoning a minor in violation of section 609.255; soliciting 34.33 a minor to engage in prostitution in violation of section 34.34 609.322, 609.323, or 609.324; soliciting a minor to engage in 34.35 sexual conduct in violation of section 609.352; indecent 34.36 exposure under section 617.23, subdivision 2; using a minor in a 35.1 sexual performance in violation of section 617.246,; or 35.2 possessing pictorial representations of minors in violation of 35.3 section 617.247, and convicted of or adjudicated delinquent for 35.4 that offense or another offense arising out of the same set of 35.5 circumstances; or 35.6 (3) the person was convicted of a predatory crime as 35.7 defined in section 609.1352, and the offender was sentenced as a 35.8 patterned sex offender or the court found on its own motion or 35.9 that of the prosecutor that the crime was part of a predatory 35.10 pattern of behavior that had criminal sexual conduct as its 35.11 goal; or 35.12 (4) the person was convicted of or adjudicated delinquent 35.13 for violating a law of the United States similar to the offenses 35.14 described in clause (1), (2), or (3). 35.15 (b) A person also shall register under this section if: 35.16 (1) the person was convicted of or adjudicated delinquent 35.17 in another state for an offense that would be a violation of a 35.18 law described in paragraph (a) if committed in this state; 35.19 (2) the person entersand remains in this state for 30 days35.20or longerthe state as required in subdivision 3, paragraph (b); 35.21 and 35.22 (3) ten years have not elapsed since the person was 35.23 released from confinement or, if the person was not confined, 35.24 since the person was convicted of or adjudicated delinquent for 35.25 the offense that triggers registration. 35.26 (c) A person also shall register under this section if the 35.27 person was committed pursuant to a court commitment order under 35.28 section 253B.185 or Minnesota Statutes 1992, section 526.10, 35.29 regardless of whether the person was convicted of any offense. 35.30 Sec. 2. Minnesota Statutes 1997 Supplement, section 35.31 243.166, subdivision 4, is amended to read: 35.32 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 35.33 provided to the corrections agent or law enforcement authority, 35.34 must consist of a statement in writing signed by the person, 35.35 giving information required by the bureau of criminal 35.36 apprehension, a fingerprint card, and photograph of the person 36.1 taken at the time of the person's release from incarceration or, 36.2 if the person was not incarcerated, at the time the person 36.3 initially registered under this section. Registration 36.4 information on adults and juveniles may be maintained together 36.5 notwithstanding section 260.161, subdivision 3. 36.6 (b) Within three days, the corrections agent or law 36.7 enforcement authority shall forward the statement, fingerprint 36.8 card, and photograph to the bureau of criminal apprehension. 36.9 The bureau shall ascertain whether the person has registered 36.10 with the law enforcement authority where the person resides. If 36.11 the person has not registered with the law enforcement 36.12 authority, the bureau shall send one copy to that authority. 36.13 (c) During the period a person is required to register 36.14 under this section, the following shall apply: 36.15 (1) Each year, within 30 days of the anniversary date of 36.16 the person's initial registration, the bureau of criminal 36.17 apprehension shall mail a verification form to the last reported 36.18 address of the person. 36.19 (2) The person shall mail the signed verification form back 36.20 to the bureau of criminal apprehension within ten days after 36.21 receipt of the form, stating on the form the current and last 36.22 address of the person. 36.23 (3) If the person fails to mail the completed and signed 36.24 verification form to the bureau of criminal apprehension within 36.25 ten days after receipt of the form, the person shall be in 36.26 violation of this section. 36.27 Sec. 3. Minnesota Statutes 1996, section 243.166, 36.28 subdivision 5, is amended to read: 36.29 Subd. 5. [CRIMINAL PENALTY.] A person required to register 36.30 under this section who knowingly violates any of its provisions 36.31 or intentionally provides false information to a corrections 36.32 agent, law enforcement authority, or the bureau of criminal 36.33 apprehension is guilty of a gross misdemeanor. A person 36.34 convicted of or adjudicated delinquent for violating this 36.35 section who previously has been convicted under this section is 36.36 guilty of a felony.A violation of this section may be37.1prosecuted either where the person resides or where the person37.2was last assigned to a Minnesota corrections agent.37.3 Sec. 4. Minnesota Statutes 1996, section 244.05, 37.4 subdivision 7, is amended to read: 37.5 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 37.6 Before the commissioner releases from prison any inmate 37.7 convicted under sections 609.342 to 609.345 or sentenced as a 37.8 patterned offender under section 609.1352, and determined by the 37.9 commissioner to be in a high risk category, the commissioner 37.10 shall make a preliminary determination whether, in the 37.11 commissioner's opinion, a petition under section 253B.185 may be 37.12 appropriate. If the commissioner determines that a petition may 37.13 be appropriate, the commissioner shall forward this 37.14 determination, along with a summary of the reasons for the 37.15 determination, to the county attorney in the county where the 37.16 inmate was convicted no later than six months but, if 37.17 practicable, 12 months before the inmate's release date. If the 37.18 inmate is received for incarceration with fewer than 12 months 37.19 remaining in the inmate's term of imprisonment, the commissioner 37.20 shall forward the determination as soon as is practicable. Upon 37.21 receiving the commissioner's preliminary determination, the 37.22 county attorney shall proceed in the manner provided in section 37.23 253B.185. The commissioner shall release to the county attorney 37.24 all requested documentation maintained by the department. 37.25 Sec. 5. Minnesota Statutes 1996, section 609.341, 37.26 subdivision 11, is amended to read: 37.27 Subd. 11. (a) "Sexual contact," for the purposes of 37.28 sections 609.343, subdivision 1, clauses (a) to (f), and 37.29 609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 37.30 includes any of the following acts committed without the 37.31 complainant's consent, except in those cases where consent is 37.32 not a defense, and committed with sexual or aggressive intent: 37.33 (i) the intentional touching by the actor of the 37.34 complainant's intimate parts, or 37.35 (ii) the touching by the complainant of the actor's, the 37.36 complainant's, or another's intimate parts effected by a person 38.1 in a position of authority, or by coercionor the use of a38.2position of authority, or by inducement if the complainant is 38.3 under 13 years of age or mentally impaired, or 38.4 (iii) the touching by another of the complainant's intimate 38.5 parts effected by coercionor the use of a position of authority38.6 or by a person in a position of authority, or 38.7 (iv) in any of the cases above, the touching of the 38.8 clothing covering the immediate area of the intimate parts. 38.9 (b) "Sexual contact," for the purposes of sections 609.343, 38.10 subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 38.11 clauses (f) and (g), includes any of the following acts 38.12 committed with sexual or aggressive intent: 38.13 (i) the intentional touching by the actor of the 38.14 complainant's intimate parts; 38.15 (ii) the touching by the complainant of the actor's, the 38.16 complainant's, or another's intimate parts; 38.17 (iii) the touching by another of the complainant's intimate 38.18 parts; or 38.19 (iv) in any of the cases listed above, touching of the 38.20 clothing covering the immediate area of the intimate parts. 38.21 (c) "Sexual contact with a person under 13" means the 38.22 intentional touching of the complainant's bare genitals or anal 38.23 opening by the actor's bare genitals or anal opening with sexual 38.24 or aggressive intent or the touching by the complainant's bare 38.25 genitals or anal opening of the actor's or another's bare 38.26 genitals or anal opening with sexual or aggressive intent. 38.27 Sec. 6. Minnesota Statutes 1996, section 609.341, 38.28 subdivision 12, is amended to read: 38.29 Subd. 12. "Sexual penetration" means any of the following 38.30 acts committed without the complainant's consent, except in 38.31 those cases where consent is not a defense, whether or not 38.32 emission of semen occurs: 38.33 (1) sexual intercourse, cunnilingus, fellatio, or anal 38.34 intercourse; or 38.35 (2) any intrusion however slight into the genital or anal 38.36 openings: 39.1 (i) of the complainant's body by any part of the actor's 39.2 body or any object used by the actor for this purpose; 39.3 (ii) of the complainant's body by any part of the body of 39.4 the complainant, by any part of the body of another person, or 39.5 by any object used by the complainant or another person for this 39.6 purpose, when effected by a person in a position of authority, 39.7 or by coercionor the use of a position of authority, or by 39.8 inducement if the child is under 13 years of age or mentally 39.9 impaired; or 39.10 (iii) of the body of the actor or another person by any 39.11 part of the body of the complainant or by any object used by the 39.12 complainant for this purpose, when effected by a person in a 39.13 position of authority, or by coercionor the use of a position39.14of authority, or by inducement if the child is under 13 years of 39.15 age or mentally impaired. 39.16 Sec. 7. Minnesota Statutes 1996, section 609.342, 39.17 subdivision 1, is amended to read: 39.18 Subdivision 1. [CRIME DEFINED.] A person who engages in 39.19 sexual penetration with another person, or in sexual contact 39.20 with a person under 13 years of age as defined in section 39.21 609.341, subdivision 11, paragraph (c), is guilty of criminal 39.22 sexual conduct in the first degree if any of the following 39.23 circumstances exists: 39.24 (a) the complainant is under 13 years of age and the actor 39.25 is more than 36 months older than the complainant. Neither 39.26 mistake as to the complainant's age nor consent to the act by 39.27 the complainant is a defense; 39.28 (b) the complainant is at least 13 years of age but less 39.29 than 16 years of age and the actor is more than 48 months older 39.30 than the complainant and in a position of authority over the 39.31 complainant, and uses this authority to cause the complainant to39.32submit. Neither mistake as to the complainant's age nor consent 39.33 to the act by the complainant is a defense; 39.34 (c) circumstances existing at the time of the act cause the 39.35 complainant to have a reasonable fear of imminent great bodily 39.36 harm to the complainant or another; 40.1 (d) the actor is armed with a dangerous weapon or any 40.2 article used or fashioned in a manner to lead the complainant to 40.3 reasonably believe it to be a dangerous weapon and uses or 40.4 threatens to use the weapon or article to cause the complainant 40.5 to submit; 40.6 (e) the actor causes personal injury to the complainant, 40.7 and either of the following circumstances exist: 40.8 (i) the actor uses force or coercion to accomplish sexual 40.9 penetration; or 40.10 (ii) the actor knows or has reason to know that the 40.11 complainant is mentally impaired, mentally incapacitated, or 40.12 physically helpless; 40.13 (f) the actor is aided or abetted by one or more 40.14 accomplices within the meaning of section 609.05, and either of 40.15 the following circumstances exists: 40.16 (i) an accomplice uses force or coercion to cause the 40.17 complainant to submit; or 40.18 (ii) an accomplice is armed with a dangerous weapon or any 40.19 article used or fashioned in a manner to lead the complainant 40.20 reasonably to believe it to be a dangerous weapon and uses or 40.21 threatens to use the weapon or article to cause the complainant 40.22 to submit; 40.23 (g) the actor has a significant relationship to the 40.24 complainant and the complainant was under 16 years of age at the 40.25 time of the sexual penetration. Neither mistake as to the 40.26 complainant's age nor consent to the act by the complainant is a 40.27 defense; or 40.28 (h) the actor has a significant relationship to the 40.29 complainant, the complainant was under 16 years of age at the 40.30 time of the sexual penetration, and: 40.31 (i) the actor or an accomplice used force or coercion to 40.32 accomplish the penetration; 40.33 (ii) the complainant suffered personal injury; or 40.34 (iii) the sexual abuse involved multiple acts committed 40.35 over an extended period of time. 40.36 Neither mistake as to the complainant's age nor consent to 41.1 the act by the complainant is a defense. 41.2 Sec. 8. Minnesota Statutes 1996, section 609.343, 41.3 subdivision 1, is amended to read: 41.4 Subdivision 1. [CRIME DEFINED.] A person who engages in 41.5 sexual contact with another person is guilty of criminal sexual 41.6 conduct in the second degree if any of the following 41.7 circumstances exists: 41.8 (a) the complainant is under 13 years of age and the actor 41.9 is more than 36 months older than the complainant. Neither 41.10 mistake as to the complainant's age nor consent to the act by 41.11 the complainant is a defense. In a prosecution under this 41.12 clause, the state is not required to prove that the sexual 41.13 contact was coerced; 41.14 (b) the complainant is at least 13 but less than 16 years 41.15 of age and the actor is more than 48 months older than the 41.16 complainant and in a position of authority over the complainant,41.17and uses this authority to cause the complainant to submit. 41.18 Neither mistake as to the complainant's age nor consent to the 41.19 act by the complainant is a defense; 41.20 (c) circumstances existing at the time of the act cause the 41.21 complainant to have a reasonable fear of imminent great bodily 41.22 harm to the complainant or another; 41.23 (d) the actor is armed with a dangerous weapon or any 41.24 article used or fashioned in a manner to lead the complainant to 41.25 reasonably believe it to be a dangerous weapon and uses or 41.26 threatens to use the dangerous weapon to cause the complainant 41.27 to submit; 41.28 (e) the actor causes personal injury to the complainant, 41.29 and either of the following circumstances exist: 41.30 (i) the actor uses force or coercion to accomplish the 41.31 sexual contact; or 41.32 (ii) the actor knows or has reason to know that the 41.33 complainant is mentally impaired, mentally incapacitated, or 41.34 physically helpless; 41.35 (f) the actor is aided or abetted by one or more 41.36 accomplices within the meaning of section 609.05, and either of 42.1 the following circumstances exists: 42.2 (i) an accomplice uses force or coercion to cause the 42.3 complainant to submit; or 42.4 (ii) an accomplice is armed with a dangerous weapon or any 42.5 article used or fashioned in a manner to lead the complainant to 42.6 reasonably believe it to be a dangerous weapon and uses or 42.7 threatens to use the weapon or article to cause the complainant 42.8 to submit; 42.9 (g) the actor has a significant relationship to the 42.10 complainant and the complainant was under 16 years of age at the 42.11 time of the sexual contact. Neither mistake as to the 42.12 complainant's age nor consent to the act by the complainant is a 42.13 defense; or 42.14 (h) the actor has a significant relationship to the 42.15 complainant, the complainant was under 16 years of age at the 42.16 time of the sexual contact, and: 42.17 (i) the actor or an accomplice used force or coercion to 42.18 accomplish the contact; 42.19 (ii) the complainant suffered personal injury; or 42.20 (iii) the sexual abuse involved multiple acts committed 42.21 over an extended period of time. 42.22 Neither mistake as to the complainant's age nor consent to 42.23 the act by the complainant is a defense. 42.24 Sec. 9. Minnesota Statutes 1996, section 609.344, 42.25 subdivision 1, is amended to read: 42.26 Subdivision 1. [CRIME DEFINED.] A person who engages in 42.27 sexual penetration with another person is guilty of criminal 42.28 sexual conduct in the third degree if any of the following 42.29 circumstances exists: 42.30 (a) the complainant is under 13 years of age and the actor 42.31 is no more than 36 months older than the complainant. Neither 42.32 mistake as to the complainant's age nor consent to the act by 42.33 the complainant shall be a defense; 42.34 (b) the complainant is at least 13 but less than 16 years 42.35 of age and the actor is more than 24 months older than the 42.36 complainant. In any such case it shall be an affirmative 43.1 defense, which must be proved by a preponderance of the 43.2 evidence, that the actor believes the complainant to be 16 years 43.3 of age or older. If the actor in such a case is no more than 48 43.4 months but more than 24 months older than the complainant, the 43.5 actor may be sentenced to imprisonment for not more than five 43.6 years. Consent by the complainant is not a defense; 43.7 (c) the actor uses force or coercion to accomplish the 43.8 penetration; 43.9 (d) the actor knows or has reason to know that the 43.10 complainant is mentally impaired, mentally incapacitated, or 43.11 physically helpless; 43.12 (e) the complainant is at least 16 but less than 18 years 43.13 of age and the actor is more than 48 months older than the 43.14 complainant and in a position of authority over the complainant,43.15and uses this authority to cause or induce the complainant to43.16submit. Neither mistake as to the complainant's age nor consent 43.17 to the act by the complainant is a defense; 43.18 (f) the actor has a significant relationship to the 43.19 complainant and the complainant was at least 16 but under 18 43.20 years of age at the time of the sexual penetration. Neither 43.21 mistake as to the complainant's age nor consent to the act by 43.22 the complainant is a defense; 43.23 (g) the actor has a significant relationship to the 43.24 complainant, the complainant was at least 16 but under 18 years 43.25 of age at the time of the sexual penetration, and: 43.26 (i) the actor or an accomplice used force or coercion to 43.27 accomplish the penetration; 43.28 (ii) the complainant suffered personal injury; or 43.29 (iii) the sexual abuse involved multiple acts committed 43.30 over an extended period of time. 43.31 Neither mistake as to the complainant's age nor consent to 43.32 the act by the complainant is a defense; 43.33 (h) the actor is a psychotherapist and the complainant is a 43.34 patient of the psychotherapist and the sexual penetration 43.35 occurred: 43.36 (i) during the psychotherapy session; or 44.1 (ii) outside the psychotherapy session if an ongoing 44.2 psychotherapist-patient relationship exists. 44.3 Consent by the complainant is not a defense; 44.4 (i) the actor is a psychotherapist and the complainant is a 44.5 former patient of the psychotherapist and the former patient is 44.6 emotionally dependent upon the psychotherapist; 44.7 (j) the actor is a psychotherapist and the complainant is a 44.8 patient or former patient and the sexual penetration occurred by 44.9 means of therapeutic deception. Consent by the complainant is 44.10 not a defense; 44.11 (k) the actor accomplishes the sexual penetration by means 44.12 of deception or false representation that the penetration is for 44.13 a bona fide medical purpose. Consent by the complainant is not 44.14 a defense; or 44.15 (1) the actor is or purports to be a member of the clergy, 44.16 the complainant is not married to the actor, and: 44.17 (i) the sexual penetration occurred during the course of a 44.18 meeting in which the complainant sought or received religious or 44.19 spiritual advice, aid, or comfort from the actor in private; or 44.20 (ii) the sexual penetration occurred during a period of 44.21 time in which the complainant was meeting on an ongoing basis 44.22 with the actor to seek or receive religious or spiritual advice, 44.23 aid, or comfort in private. 44.24 Consent by the complainant is not a defense. 44.25 Sec. 10. Minnesota Statutes 1996, section 609.345, 44.26 subdivision 1, is amended to read: 44.27 Subdivision 1. [CRIME DEFINED.] A person who engages in 44.28 sexual contact with another person is guilty of criminal sexual 44.29 conduct in the fourth degree if any of the following 44.30 circumstances exists: 44.31 (a) the complainant is under 13 years of age and the actor 44.32 is no more than 36 months older than the complainant. Neither 44.33 mistake as to the complainant's age or consent to the act by the 44.34 complainant is a defense. In a prosecution under this clause, 44.35 the state is not required to prove that the sexual contact was 44.36 coerced; 45.1 (b) the complainant is at least 13 but less than 16 years 45.2 of age and the actor is more than 48 months older than the 45.3 complainant or in a position of authority over the complainant 45.4and uses this authority to cause the complainant to submit. 45.5 Consent by the complainant to the act is not a defense. In any 45.6 such case, it shall be an affirmative defense which must be 45.7 proved by a preponderance of the evidence that the actor 45.8 believes the complainant to be 16 years of age or older; 45.9 (c) the actor uses force or coercion to accomplish the 45.10 sexual contact; 45.11 (d) the actor knows or has reason to know that the 45.12 complainant is mentally impaired, mentally incapacitated, or 45.13 physically helpless; 45.14 (e) the complainant is at least 16 but less than 18 years 45.15 of age and the actor is more than 48 months older than the 45.16 complainant and in a position of authority over the complainant,45.17and uses this authority to cause or induce the complainant to45.18submit. Neither mistake as to the complainant's age nor consent 45.19 to the act by the complainant is a defense; 45.20 (f) the actor has a significant relationship to the 45.21 complainant and the complainant was at least 16 but under 18 45.22 years of age at the time of the sexual contact. Neither mistake 45.23 as to the complainant's age nor consent to the act by the 45.24 complainant is a defense; 45.25 (g) the actor has a significant relationship to the 45.26 complainant, the complainant was at least 16 but under 18 years 45.27 of age at the time of the sexual contact, and: 45.28 (i) the actor or an accomplice used force or coercion to 45.29 accomplish the contact; 45.30 (ii) the complainant suffered personal injury; or 45.31 (iii) the sexual abuse involved multiple acts committed 45.32 over an extended period of time. 45.33 Neither mistake as to the complainant's age nor consent to 45.34 the act by the complainant is a defense; 45.35 (h) the actor is a psychotherapist and the complainant is a 45.36 patient of the psychotherapist and the sexual contact occurred: 46.1 (i) during the psychotherapy session; or 46.2 (ii) outside the psychotherapy session if an ongoing 46.3 psychotherapist-patient relationship exists. 46.4 Consent by the complainant is not a defense; 46.5 (i) the actor is a psychotherapist and the complainant is a 46.6 former patient of the psychotherapist and the former patient is 46.7 emotionally dependent upon the psychotherapist; 46.8 (j) the actor is a psychotherapist and the complainant is a 46.9 patient or former patient and the sexual contact occurred by 46.10 means of therapeutic deception. Consent by the complainant is 46.11 not a defense; 46.12 (k) the actor accomplishes the sexual contact by means of 46.13 deception or false representation that the contact is for a bona 46.14 fide medical purpose. Consent by the complainant is not a 46.15 defense; or 46.16 (1) the actor is or purports to be a member of the clergy, 46.17 the complainant is not married to the actor, and: 46.18 (i) the sexual contact occurred during the course of a 46.19 meeting in which the complainant sought or received religious or 46.20 spiritual advice, aid, or comfort from the actor in private; or 46.21 (ii) the sexual contact occurred during a period of time in 46.22 which the complainant was meeting on an ongoing basis with the 46.23 actor to seek or receive religious or spiritual advice, aid, or 46.24 comfort in private. 46.25 Consent by the complainant is not a defense. 46.26 Sec. 11. Minnesota Statutes 1996, section 609.3451, 46.27 subdivision 3, is amended to read: 46.28 Subd. 3. [FELONY.] A person is guilty of a felony and may 46.29 be sentenced to imprisonment for not more than five years or to 46.30 payment of a fine of not more than $10,000, or both, if the 46.31 person violates subdivision 1, clause (2), after having been 46.32 previously convicted of or adjudicated delinquent for violating 46.33 subdivision 1, clause (2); section 617.23,paragraph46.34(b)subdivision 2, clause (1); or a statute from another state 46.35 in conformity with subdivision 1, clause (2), or section 617.23, 46.36paragraph (b)subdivision 2, clause (1). 47.1 Sec. 12. Minnesota Statutes 1996, section 609.3461, 47.2 subdivision 1, is amended to read: 47.3 Subdivision 1. [UPON SENTENCING.] The court shall order an 47.4 offender to provide a biological specimen for the purpose of DNA 47.5 analysis as defined in section 299C.155 when: 47.6 (1) the court sentences a person charged with violating or 47.7 attempting to violate section 609.185, clause (2), 609.342, 47.8 609.343, 609.344,or609.345, or 617.23, subdivision 3, clause 47.9 (2), who is convicted of violating one of those sections or of 47.10 any offense arising out of the same set of circumstances; 47.11 (2) the court sentences a person as a patterned sex 47.12 offender under section 609.1352; or 47.13 (3) the juvenile court adjudicates a person a delinquent 47.14 child who is the subject of a delinquency petition for violating 47.15 or attempting to violate section 609.342, 609.343, 609.344, or 47.16 609.345, and the delinquency adjudication is based on a 47.17 violation of one of those sections or of any offense arising out 47.18 of the same set of circumstances. The biological specimen or 47.19 the results of the analysis shall be maintained by the bureau of 47.20 criminal apprehension as provided in section 299C.155. 47.21 Sec. 13. Minnesota Statutes 1996, section 609.3461, 47.22 subdivision 2, is amended to read: 47.23 Subd. 2. [BEFORE RELEASE.] If a person convicted of 47.24 violating or attempting to violate section 609.185, clause (2), 47.25 609.342, 609.343, 609.344,or609.345, or 617.23, subdivision 3, 47.26 clause (2), or initially charged with violating one of those 47.27 sections and convicted of another offense arising out of the 47.28 same set of circumstances, or sentenced as a patterned sex 47.29 offender under section 609.1352, and committed to the custody of 47.30 the commissioner of corrections, or serving a term of 47.31 imprisonment in this state under a reciprocal agreement although 47.32 convicted in another state of an offense described in this 47.33 subdivision or a similar law of the United States or any other 47.34 state, has not provided a biological specimen for the purpose of 47.35 DNA analysis, the commissioner of corrections or local 47.36 corrections authority shall order the person to provide a 48.1 biological specimen for the purpose of DNA analysis before 48.2 completion of the person's term of imprisonment. The 48.3 commissioner of corrections or local corrections authority shall 48.4 forward the sample to the bureau of criminal apprehension. 48.5 Sec. 14. Minnesota Statutes 1996, section 617.23, is 48.6 amended to read: 48.7 617.23 [INDECENT EXPOSURE; PENALTIES.] 48.8(a)Subdivision 1. [MISDEMEANOR.] A personis guilty of a48.9misdemeanorwho commits any of the following acts in any public 48.10 place, or in any place where others are present, is guilty of a 48.11 misdemeanor: 48.12 (1) willfully and lewdly exposes the person's body, or the 48.13 private parts thereof; 48.14 (2) procures another to expose private parts; or 48.15 (3) engages in any open or gross lewdness or lascivious 48.16 behavior, or any public indecency other than behavior specified 48.17 inclause (1) or (2) orthisclausesubdivision. 48.18(b)Subd. 2. [GROSS MISDEMEANOR.] A person who commits any 48.19 of the following acts is guilty of a gross misdemeanorif: 48.20 (1) the person violatesthis sectionsubdivision 1 in the 48.21 presence of a minor under the age of 16; or 48.22 (2) the person violatesthis sectionsubdivision 1 after 48.23 having been previously convicted of violatingthis section48.24 subdivision 1, sections 609.342 to 609.3451, or a statute from 48.25 another state in conformity with any of those sections. 48.26(c)Subd. 3. [FELONY.] A person is guilty of a felony and 48.27 may be sentenced to imprisonment for not more than five years or 48.28 to payment of a fine of not more than $10,000, or both, if: 48.29 (1) the person violatesparagraph (b)subdivision 2, clause 48.30 (1), after having been previously convicted of or adjudicated 48.31 delinquent for violatingparagraph (b)subdivision 2, clause 48.32 (1); section 609.3451, subdivision 1, clause (2); or a statute 48.33 from another state in conformity withparagraph (b)subdivision 48.34 2, clause (1), or section 609.3451, subdivision 1, clause (2).; 48.35 or 48.36 (2) the person commits a violation of subdivision 1, clause 49.1 (1), in the presence of another person while intentionally 49.2 confining that person or otherwise intentionally restricting 49.3 that person's freedom to move. 49.4 Sec. 15. [EFFECTIVE DATES.] 49.5 Sections 1 to 3 are effective July 1, 1998, and apply to 49.6 persons who are released from prison on or after that date, or 49.7 who are under supervision as of that date, or who enter this 49.8 state on or after that date. Section 4 is effective July 1, 49.9 1998. Sections 5 to 14 are effective August 1, 1998, and apply 49.10 to crimes committed on or after that date. 49.11 ARTICLE 4 49.12 CONTROLLED SUBSTANCES 49.13 Section 1. Minnesota Statutes 1996, section 152.01, 49.14 subdivision 16a, is amended to read: 49.15 Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.] 49.16 "Subsequent controlled substance conviction" means that before 49.17 commission of the offense for which the person is convicted 49.18 under this chapter, the person received a disposition under 49.19 section 152.18, subdivision 1, or the person was convicted in 49.20 Minnesota of a felony violation of this chapter or a 49.21 felony-level attempt or conspiracy to violate this chapter, or 49.22 convicted elsewhere for conduct that would have been a felony 49.23 under this chapter if committed in Minnesota. An earlier 49.24 conviction, as defined in this subdivision, is not relevant if 49.25 ten years have elapsed since: (1) the person was restored to 49.26 civil rights; or (2) the sentence has expired, whichever occurs 49.27 first. 49.28 Sec. 2. Minnesota Statutes 1996, section 152.021, as 49.29 amended by Laws 1997, chapter 239, article 4, sections 5 and 6, 49.30 is amended to read: 49.31 152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 49.32 Subdivision 1. [MANUFACTURE CRIMES.] A person is guilty of 49.33 controlled substance crime in the first degree if the person 49.34 manufactures any amount of methamphetamine. 49.35 Subd. 2. [SALE CRIMES.] A person is guilty of controlled 49.36 substance crime in the first degree if: 50.1 (1) 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 cocaineor, heroin, or 50.4 methamphetamine; 50.5 (2) 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 50 grams or more containing a narcotic drug other than 50.8 cocaineor, heroin, or methamphetamine; 50.9 (3) on one or more occasions within a 90-day period the 50.10 person unlawfully sells one or more mixtures of a total weight 50.11 of 50 grams or more containingmethamphetamine,amphetamine, 50.12 phencyclidine, or hallucinogen or, if the controlled substance 50.13 is packaged in dosage units, equaling 200 or more dosage units; 50.14 or 50.15 (4) on one or more occasions within a 90-day period the 50.16 person unlawfully sells one or more mixtures of a total weight 50.17 of 50 kilograms or more containing marijuana or 50.18 Tetrahydrocannabinols, or one or more mixtures of a total weight 50.19 of 25 kilograms or more containing marijuana or 50.20 Tetrahydrocannabinols in a school zone, a park zone, a public 50.21 housing zone, or a drug treatment facility. 50.22 Subd.2.3. [POSSESSION CRIMES.] A person is guilty of a 50.23 controlled substance crime in the first degree if: 50.24 (1) the person unlawfully possesses one or more mixtures of 50.25 a total weight of 25 grams or more containing cocaineor, 50.26 heroin, or methamphetamine; 50.27 (2) the person unlawfully possesses one or more mixtures of 50.28 a total weight of 500 grams or more containing a narcotic drug 50.29 other than cocaineor, heroin, or methamphetamine; 50.30 (3) the person unlawfully possesses one or more mixtures of 50.31 a total weight of 500 grams or more containingmethamphetamine,50.32 amphetamine, phencyclidine, or hallucinogen or, if the 50.33 controlled substance is packaged in dosage units, equaling 500 50.34 or more dosage units; or 50.35 (4) the person unlawfully possesses one or more mixtures of 50.36 a total weight of 100 kilograms or more containing marijuana or 51.1 Tetrahydrocannabinols. 51.2 Subd.3.4. [PENALTY.] (a) A person convicted under 51.3 subdivision 1or 2to 3 may be sentenced to imprisonment for not 51.4 more than 30 years or to payment of a fine of not more than 51.5 $1,000,000, or both. 51.6 (b) If the conviction is a subsequent controlled substance 51.7 conviction, a person convicted under subdivision 1 or 2 shall be 51.8 committed to the commissioner of corrections for not less than 51.9 four years nor more than 40 years and, in addition, may be 51.10 sentenced to payment of a fine of not more than $1,000,000. 51.11 (c) In a prosecution under subdivision 1 involving sales by 51.12 the same person in two or more counties within a 90-day period, 51.13 the person may be prosecuted for all of the sales in any county 51.14 in which one of the sales occurred. 51.15 Sec. 3. Minnesota Statutes 1996, section 152.022, as 51.16 amended by Laws 1997, chapter 239, article 4, sections 7 and 8, 51.17 is amended to read: 51.18 152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 51.19 Subdivision 1. [SALE CRIMES.] A person is guilty of 51.20 controlled substance crime in the second degree if: 51.21 (1) on one or more occasions within a 90-day period the 51.22 person unlawfully sells one or more mixtures of a total weight 51.23 of three grams or more containing cocaineor, heroin, or 51.24 methamphetamine; 51.25 (2) on one or more occasions within a 90-day period the 51.26 person unlawfully sells one or more mixtures of a total weight 51.27 of ten grams or more containing a narcotic drug other than 51.28 cocaineor, heroin, or methamphetamine; 51.29 (3) on one or more occasions within a 90-day period the 51.30 person unlawfully sells one or more mixtures of a total weight 51.31 of ten grams or more containingmethamphetamine,amphetamine, 51.32 phencyclidine, or hallucinogen or, if the controlled substance 51.33 is packaged in dosage units, equaling 50 or more dosage units; 51.34 (4) on one or more occasions within a 90-day period the 51.35 person unlawfully sells one or more mixtures of a total weight 51.36 of 25 kilograms or more containing marijuana or 52.1 Tetrahydrocannabinols; 52.2 (5) the person unlawfully sells any amount of a schedule I 52.3 or II narcotic drug to a person under the age of 18, or 52.4 conspires with or employs a person under the age of 18 to 52.5 unlawfully sell the substance; or 52.6 (6) the person unlawfully sells any of the following in a 52.7 school zone, a park zone, a public housing zone, or a drug 52.8 treatment facility: 52.9 (i) any amount of a schedule I or II narcotic drug, or 52.10 lysergic acid diethylamide (LSD); 52.11 (ii) one or more mixtures containing methamphetamine or 52.12 amphetamine; or 52.13 (iii) one or more mixtures of a total weight of five 52.14 kilograms or more containing marijuana or Tetrahydrocannabinols. 52.15 Subd. 2. [POSSESSION CRIMES.] A person is guilty of 52.16 controlled substance crime in the second degree if: 52.17 (1) the person unlawfully possesses one or more mixtures of 52.18 a total weight of six grams or more containing cocaineor, 52.19 heroin, or methamphetamine; 52.20 (2) the person unlawfully possesses one or more mixtures of 52.21 a total weight of 50 grams or more containing a narcotic drug 52.22 other than cocaineor, heroin, or methamphetamine; 52.23 (3) the person unlawfully possesses one or more mixtures of 52.24 a total weight of 50 grams or more containingmethamphetamine,52.25 amphetamine, phencyclidine, or hallucinogen or, if the 52.26 controlled substance is packaged in dosage units, equaling 100 52.27 or more dosage units; or 52.28 (4) the person unlawfully possesses one or more mixtures of 52.29 a total weight of 50 kilograms or more containing marijuana or 52.30 Tetrahydrocannabinols. 52.31 Subd. 3. [PENALTY.] (a) A person convicted under 52.32 subdivision 1 or 2 may be sentenced to imprisonment for not more 52.33 than 25 years or to payment of a fine of not more than $500,000, 52.34 or both. 52.35 (b) If the conviction is a subsequent controlled substance 52.36 conviction, a person convicted under subdivision 1 or 2 shall be 53.1 committed to the commissioner of corrections for not less than 53.2 three years nor more than 40 years and, in addition, may be 53.3 sentenced to payment of a fine of not more than $500,000. 53.4 (c) In a prosecution under subdivision 1 involving sales by 53.5 the same person in two or more counties within a 90-day period, 53.6 the person may be prosecuted for all of the sales in any county 53.7 in which one of the sales occurred. 53.8 Sec. 4. Minnesota Statutes 1996, section 152.0261, is 53.9 amended by adding a subdivision to read: 53.10 Subd. 1a. [USE OF PERSON UNDER 18 TO IMPORT.] A person who 53.11 conspires with or employs a person under the age of 18 to cross 53.12 a state or international border into Minnesota while that person 53.13 or the person under the age of 18 is in possession of an amount 53.14 of a controlled substance that constitutes a controlled 53.15 substance crime under sections 152.021 to 152.025, with the 53.16 intent to obstruct the criminal justice process, is guilty of 53.17 importing controlled substances and may be sentenced as provided 53.18 in subdivision 3. 53.19 Sec. 5. Minnesota Statutes 1996, section 152.096, 53.20 subdivision 1, is amended to read: 53.21 Subdivision 1. [PROHIBITED ACTS; PENALTIES.] Any person 53.22 who attempts or conspires to commit any act prohibited by this 53.23 chapter, except possession or distribution for no remuneration 53.24 of a small amount of marijuana as defined in section 152.01, 53.25 subdivision 16, is guilty of a felony and upon conviction may be 53.26 imprisoned, fined, or both, up to the maximum amount authorized 53.27 by law for the act the person attempted or conspired to commit. 53.28 Sec. 6. [152.135] [RESTRICTIONS ON SALES, MARKETING, AND 53.29 POSSESSION OF EPHEDRINE.] 53.30 Subdivision 1. [PRESCRIPTION STATUS FOR EPHEDRINE.] Except 53.31 as provided in this section, a material, compound, mixture, or 53.32 preparation that contains any quantity of ephedrine, a salt of 53.33 ephedrine, an optical isomer of ephedrine, or a salt of an 53.34 optical isomer of ephedrine, may be dispensed only upon the 53.35 prescription of a duly licensed practitioner authorized by the 53.36 laws of the state to prescribe prescription drugs. 54.1 Subd. 2. [EXCEPTIONS.] (a) A drug product containing 54.2 ephedrine, its salts, optical isomers, and salts of optical 54.3 isomers is exempt from subdivision 1 if the drug product: 54.4 (1) may be lawfully sold over the counter without a 54.5 prescription under the federal Food, Drug, and Cosmetic Act, 54.6 United States Code, title 21, section 321, et seq.; 54.7 (2) is labeled and marketed in a manner consistent with the 54.8 pertinent OTC Tentative Final or Final Monograph; 54.9 (3) is manufactured and distributed for legitimate 54.10 medicinal use in a manner that reduces or eliminates the 54.11 likelihood of abuse; 54.12 (4) is not marketed, advertised, or labeled for the 54.13 indication of stimulation, mental alertness, weight loss, muscle 54.14 enhancement, appetite control, or energy; and 54.15 (5) is in solid oral dosage forms, including soft gelatin 54.16 caplets, that combine 400 milligrams of guaifenesin and 25 54.17 milligrams of ephedrine per dose, according to label 54.18 instructions; or is an anorectal preparation containing not more 54.19 than five percent ephedrine. 54.20 (b) Subdivision 1 shall not apply to products containing 54.21 ephedra or ma huang and lawfully marketed as dietary supplements 54.22 under federal law. 54.23 Subd. 3. [MISMARKETING OF EPHEDRINE PROHIBITED.] The 54.24 marketing, advertising, or labeling of a product containing 54.25 ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 54.26 or a salt of an optical isomer of ephedrine for the indication 54.27 of stimulation, mental alertness, weight loss, appetite control, 54.28 or energy, is prohibited. In determining compliance with this 54.29 subdivision, the following factors may be considered: 54.30 (1) the packaging of the drug product; 54.31 (2) the name and labeling of the product; 54.32 (3) the manner of distribution, advertising, and promotion 54.33 of the product; 54.34 (4) verbal representations made concerning the product; and 54.35 (5) the duration, scope, and significance of abuse or 54.36 misuse of the product. 55.1 Subd. 4. [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It 55.2 is unlawful for a person to possess ephedrine, pseudoephedrine, 55.3 or phenylpropanolamine or their salts, optical isomers, or salts 55.4 of optical isomers with the intent to use the product as a 55.5 precursor to an illegal substance. 55.6 Subd. 5. [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is 55.7 unlawful for a person to sell, distribute, or otherwise make 55.8 available a product containing ephedrine, pseudoephedrine, or 55.9 phenylpropanolamine or their salts, optical isomers, or salts of 55.10 optical isomers if the person knows or reasonably should know 55.11 that the product will be used as a precursor to an illegal 55.12 substance. 55.13 Subd. 6. [PENALTY.] A person who violates this section is 55.14 guilty of a misdemeanor. 55.15 Sec. 7. Laws 1997, chapter 239, article 4, section 15, is 55.16 amended to read: 55.17 Sec. 15. [EFFECTIVE DATE.] 55.18 The provision of section 4 relating to the listing of 55.19 Butorphanol in schedule IV is effective August 1, 1998, and 55.20 applies to acts committed on or after that date. The provision 55.21 of section 4 relating to the listing of Carisoprodol in schedule 55.22 IV is effective August 1, 1999, and applies to acts committed on 55.23 or after that date. Sections 1 to 3 and 5 to 13 are effective 55.24 August 1, 1997, and apply to acts committed on or after that 55.25 date. Section 14 is effective the day following final enactment. 55.26 Sec. 8. [EFFECTIVE DATE.] 55.27 Sections 1, 4, 6, and 7 are effective August 1, 1998, and 55.28 apply to offenses committed on or after that date. Sections 2, 55.29 3, and 5 are effective the day following final enactment and 55.30 apply to offenses committed on or after that date. 55.31 ARTICLE 5 55.32 DOMESTIC ABUSE 55.33 Section 1. Minnesota Statutes 1997 Supplement, section 55.34 518B.01, subdivision 14, is amended to read: 55.35 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 55.36 person who violates an order for protection issuedunder this56.1sectionby a judge or referee is subject to the penalties 56.2 provided in paragraphs (b) to (d). 56.3 (b) Except as otherwise provided in paragraphs (c) and (d), 56.4 whenever an order for protection is grantedpursuant to this56.5sectionby a judge or referee or a similar law of another state, 56.6 the District of Columbia, tribal lands, or United States 56.7 territories, and the respondent or person to be restrained knows 56.8 of the order, violation of the order for protection is a 56.9 misdemeanor. Upon a misdemeanor conviction under this 56.10 paragraph, the defendant must be sentenced to a minimum of three 56.11 days imprisonment and must be ordered to participate in 56.12 counseling or other appropriate programs selected by the court. 56.13 If the court stays imposition or execution of the jail sentence 56.14 and the defendant refuses or fails to comply with the court's 56.15 treatment order, the court must impose and execute the stayed 56.16 jail sentence. A violation of an order for protection shall 56.17 also constitute contempt of court and be subject to the 56.18 penalties provided in chapter 588. 56.19 (c) A person is guilty of a gross misdemeanor who knowingly 56.20 violates this subdivision during the time period between a 56.21 previous conviction under this subdivision; sections 609.221 to 56.22 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 56.23 subdivision 6; 609.749; or a similar law of another state, the 56.24 District of Columbia, tribal lands, or United States 56.25 territories; and the end of the five years following discharge 56.26 from sentence for that conviction. Upon a gross misdemeanor 56.27 conviction under this paragraph, the defendant must be sentenced 56.28 to a minimum of ten days imprisonment and must be ordered to 56.29 participate in counseling or other appropriate programs selected 56.30 by the court. Notwithstanding section 609.135, the court must 56.31 impose and execute the minimum sentence provided in this 56.32 paragraph for gross misdemeanor convictions. 56.33 (d) A person is guilty of a felony and may be sentenced to 56.34 imprisonment for not more than five years or to payment of a 56.35 fine of not more than $10,000, or both, if the person knowingly 56.36 violates this subdivision: 57.1 (1) during the time period between the first of two or more 57.2 previous convictions under this section or sections 609.221 to 57.3 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 57.4 subdivision 6; 609.749; or a similar law of another state, the 57.5 District of Columbia, tribal lands, or United States 57.6 territories; and the end of the five years following discharge 57.7 from sentence for that conviction; or 57.8 (2) while possessing a dangerous weapon, as defined in 57.9 section 609.02, subdivision 6. 57.10 Upon a felony conviction under this paragraph in which the court 57.11 stays imposition or execution of sentence, the court shall 57.12 impose at least a 30-day period of incarceration as a condition 57.13 of probation. The court also shall order that the defendant 57.14 participate in counseling or other appropriate programs selected 57.15 by the court. Notwithstanding section 609.135, the court must 57.16 impose and execute the minimum sentence provided in this 57.17 paragraph for felony convictions. 57.18 (e) A peace officer shall arrest without a warrant and take 57.19 into custody a person whom the peace officer has probable cause 57.20 to believe has violated an order granted pursuant to this 57.21 section or a similar law of another state, the District of 57.22 Columbia, tribal lands, or United States territories restraining 57.23 the person or excluding the person from the residence or the 57.24 petitioner's place of employment, even if the violation of the 57.25 order did not take place in the presence of the peace officer, 57.26 if the existence of the order can be verified by the officer. 57.27 The person shall be held in custody for at least 36 hours, 57.28 excluding the day of arrest, Sundays, and holidays, unless the 57.29 person is released earlier by a judge or judicial officer. A 57.30 peace officer acting in good faith and exercising due care in 57.31 making an arrest pursuant to this paragraph is immune from civil 57.32 liability that might result from the officer's actions. 57.33 (f) If the court finds that the respondent has violated an 57.34 order for protection and that there is reason to believe that 57.35 the respondent will commit a further violation of the provisions 57.36 of the order restraining the respondent from committing acts of 58.1 domestic abuse or excluding the respondent from the petitioner's 58.2 residence, the court may require the respondent to acknowledge 58.3 an obligation to comply with the order on the record. The court 58.4 may require a bond sufficient to deter the respondent from 58.5 committing further violations of the order for protection, 58.6 considering the financial resources of the respondent, and not 58.7 to exceed $10,000. If the respondent refuses to comply with an 58.8 order to acknowledge the obligation or post a bond under this 58.9 paragraph, the court shall commit the respondent to the county 58.10 jail during the term of the order for protection or until the 58.11 respondent complies with the order under this paragraph. The 58.12 warrant must state the cause of commitment, with the sum and 58.13 time for which any bond is required. If an order is issued 58.14 under this paragraph, the court may order the costs of the 58.15 contempt action, or any part of them, to be paid by the 58.16 respondent. An order under this paragraph is appealable. 58.17 (g) Upon the filing of an affidavit by the petitioner, any 58.18 peace officer, or an interested party designated by the court, 58.19 alleging that the respondent has violated any order for 58.20 protection granted pursuant to this section or a similar law of 58.21 another state, the District of Columbia, tribal lands, or United 58.22 States territories, the court may issue an order to the 58.23 respondent, requiring the respondent to appear and show cause 58.24 within 14 days why the respondent should not be found in 58.25 contempt of court and punished therefor. The hearing may be 58.26 held by the court in any county in which the petitioner or 58.27 respondent temporarily or permanently resides at the time of the 58.28 alleged violation, or in the county in which the alleged 58.29 violation occurred, if the petitioner and respondent do not 58.30 reside in this state. The court also shall refer the violation 58.31 of the order for protection to the appropriate prosecuting 58.32 authority for possible prosecution under paragraph (b), (c), or 58.33 (d). 58.34 (h) If it is alleged that the respondent has violated an 58.35 order for protection issued under subdivision 6 or a similar law 58.36 of another state, the District of Columbia, tribal lands, or 59.1 United States territories, and the court finds that the order 59.2 has expired between the time of the alleged violation and the 59.3 court's hearing on the violation, the court may grant a new 59.4 order for protection under subdivision 6 based solely on the 59.5 respondent's alleged violation of the prior order, to be 59.6 effective until the hearing on the alleged violation of the 59.7 prior order. If the court finds that the respondent has 59.8 violated the prior order, the relief granted in the new order 59.9 for protection shall be extended for a fixed period, not to 59.10 exceed one year, except when the court determines a longer fixed 59.11 period is appropriate. 59.12 (i) The admittance into petitioner's dwelling of an abusing 59.13 party excluded from the dwelling under an order for protection 59.14 is not a violation by the petitioner of the order for protection. 59.15 A peace officer is not liable under section 609.43, clause 59.16 (1), for a failure to perform a duty required by paragraph (e). 59.17 (j) When a person is convicted under paragraph (b) or (c) 59.18 of violating an order for protection and the court determines 59.19 that the person used a firearm in any way during commission of 59.20 the violation, the court may order that the person is prohibited 59.21 from possessing any type of firearm for any period longer than 59.22 three years or for the remainder of the person's life. A person 59.23 who violates this paragraph is guilty of a gross misdemeanor. 59.24 At the time of the conviction, the court shall inform the 59.25 defendant whether and for how long the defendant is prohibited 59.26 from possessing a firearm and that it is a gross misdemeanor to 59.27 violate this paragraph. The failure of the court to provide 59.28 this information to a defendant does not affect the 59.29 applicability of the firearm possession prohibition or the gross 59.30 misdemeanor penalty to that defendant. 59.31 (k) Except as otherwise provided in paragraph (j), when a 59.32 person is convicted under paragraph (b) or (c) of violating an 59.33 order for protection, the court shall inform the defendant that 59.34 the defendant is prohibited from possessing a pistol for three 59.35 years from the date of conviction and that it is a gross 59.36 misdemeanor offense to violate this prohibition. The failure of 60.1 the court to provide this information to a defendant does not 60.2 affect the applicability of the pistol possession prohibition or 60.3 the gross misdemeanor penalty to that defendant. 60.4 (l) Except as otherwise provided in paragraph (j), a person 60.5 is not entitled to possess a pistol if the person has been 60.6 convicted under paragraph (b) or (c) after August 1, 1996, of 60.7 violating an order for protection, unless three years have 60.8 elapsed from the date of conviction and, during that time, the 60.9 person has not been convicted of any other violation of this 60.10 section. Property rights may not be abated but access may be 60.11 restricted by the courts. A person who possesses a pistol in 60.12 violation of this paragraph is guilty of a gross misdemeanor. 60.13 (m) If the court determines that a person convicted under 60.14 paragraph (b) or (c) of violating an order for protection owns 60.15 or possesses a firearm and used it in any way during the 60.16 commission of the violation, it shall order that the firearm be 60.17 summarily forfeited under section 609.5316, subdivision 3. 60.18 Sec. 2. Minnesota Statutes 1997 Supplement, section 60.19 609.2244, subdivision 1, is amended to read: 60.20 Subdivision 1. [INVESTIGATION.] A presentence domestic 60.21 abuse investigation must be conducted and a report submitted to 60.22 the court by the corrections agency responsible for conducting 60.23 the investigation when: 60.24 (1) a defendant is convicted of an offense described in 60.25 section 518B.01, subdivision 2;or60.26 (2) a defendant is arrested for committing an offense 60.27 described in section 518B.01, subdivision 2, but is convicted of 60.28 another offense arising out of the same circumstances 60.29 surrounding the arrest; or 60.30 (3) a defendant is convicted of a violation against a 60.31 family or household member of: (a) an order for protection 60.32 under section 518B.01; (b) a harassment restraining order under 60.33 section 609.748; (c) section 609.79, subdivision 1; or (d) 60.34 section 609.713, subdivision 1. 60.35 Sec. 3. Minnesota Statutes 1996, section 609.748, 60.36 subdivision 3, is amended to read: 61.1 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 61.2 petition for relief must allege facts sufficient to show the 61.3 following: 61.4 (1) the name of the alleged harassment victim; 61.5 (2) the name of the respondent; and 61.6 (3) that the respondent has engaged in harassment. 61.7 The petition shall be accompanied by an affidavit made under 61.8 oath stating the specific facts and circumstances from which 61.9 relief is sought. The court shall provide simplified forms and 61.10 clerical assistance to help with the writing and filing of a 61.11 petition under this section and shall advise the petitioner of 61.12 the right to sue in forma pauperis under section 563.01. Upon 61.13 receipt of the petition, the court shall order a hearing, which 61.14 must be held not later than 14 days from the date of the order. 61.15 Personal service must be made upon the respondent not less than 61.16 five days before the hearing. If personal service cannot be 61.17 completed in time to give the respondent the minimum notice 61.18 required under this paragraph, the court may set a new hearing 61.19 date. 61.20 (b) Notwithstanding paragraph (a), the order for a hearing 61.21 and a temporary order issued under subdivision 4 may be served 61.22 on the respondent by means of a one-week published notice under 61.23 section 645.11, if: 61.24 (1) the petitioner files an affidavit with the court 61.25 stating that an attempt at personal service made by a sheriff 61.26 was unsuccessful because the respondent is avoiding service by 61.27 concealment or otherwise; and 61.28 (2) a copy of the petition and order for hearing and any 61.29 temporary restraining order has been mailed to the respondent at 61.30 the respondent's residence or place of business, if the 61.31 respondent is an organization, or the respondent's residence or 61.32 place of business is not known to the petitioner. 61.33 (c) Regardless of the method of service, if the respondent 61.34 is a juvenile, whenever possible, the court also shall have 61.35 notice of the pendency of the case and of the time and place of 61.36 the hearing served by mail at the last known address upon any 62.1 parent or guardian of the juvenile respondent who is not the 62.2 petitioner. 62.3 Sec. 4. Minnesota Statutes 1996, section 609.748, 62.4 subdivision 4, is amended to read: 62.5 Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may 62.6 issue a temporary restraining order ordering the respondent to 62.7 cease or avoid the harassment of another person or to have no 62.8 contact with that person if the petitioner files a petition in 62.9 compliance with subdivision 3 and if the court finds reasonable 62.10 grounds to believe that the respondent has engaged in harassment. 62.11 (b) Notice need not be given to the respondent before the 62.12 court issues a temporary restraining order under this 62.13 subdivision. A copy of the restraining order must be served on 62.14 the respondent along with the order for hearing and petition, as 62.15 provided in subdivision 3. If the respondent is a juvenile, 62.16 whenever possible, a copy of the restraining order, along with 62.17 notice of the pendency of the case and the time and place of the 62.18 hearing, shall also be served by mail at the last known address 62.19 upon any parent or guardian of the juvenile respondent who is 62.20 not the petitioner. A temporary restraining order may be 62.21 entered only against the respondent named in the petition. 62.22 (c) The temporary restraining order is in effect until a 62.23 hearing is held on the issuance of a restraining order under 62.24 subdivision 5. The court shall hold the hearing on the issuance 62.25 of a restraining order within 14 days after the temporary 62.26 restraining order is issued unless (1) the time period is 62.27 extended upon written consent of the parties; or (2) the time 62.28 period is extended by the court for one additional 14-day period 62.29 upon a showing that the respondent has not been served with a 62.30 copy of the temporary restraining order despite the exercise of 62.31 due diligence or if service is made by published notice under 62.32 subdivision 3 and the petitioner files the affidavit required 62.33 under that subdivision. 62.34 Sec. 5. Minnesota Statutes 1996, section 634.20, is 62.35 amended to read: 62.36 634.20 [EVIDENCE OF PRIOR CONDUCT.] 63.1 Evidence of similar prior conduct by the accused against 63.2 the victim of domestic abuse, as defined under section 518B.01, 63.3 subdivision 2, including evidence of a violation against a 63.4 family or household member of: 63.5 (1) an order for protection under section 518B.01; 63.6 (2) section 609.713, subdivision 1; 63.7 (3) a harassment restraining order under section 609.748; 63.8 or 63.9 (4) section 609.79, subdivision 1; 63.10 is admissible unless the probative value is substantially 63.11 outweighed by the danger of unfair prejudice, confusion of the 63.12 issue, or misleading the jury, or by considerations of undue 63.13 delay, waste of time, or needless presentation of cumulative 63.14 evidence. 63.15 Sec. 6. Laws 1997, chapter 239, article 10, section 19, is 63.16 amended to read: 63.17 Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 63.18 RESPONDENT; PENALTIES.] 63.19 Subdivision 1. [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 63.20 petitioner, a peace officer, or an interested party designated 63.21 by the court may file an affidavit with the court alleging that 63.22 a minor respondent has violated an order for protection/minor 63.23 respondent under sections 2 to 26. The court may order the 63.24 minor respondent to appear and show cause within 14 days why the 63.25 minor respondent should not be found in contempt of court and 63.26 punished for the contempt. The court may also order the minor 63.27 to participate in counseling or other appropriate programs 63.28 selected by the court. The hearing may be held by the court in 63.29 any county in which the petitioner or minor respondent 63.30 temporarily or permanently resides at the time of the alleged 63.31 violation.or in the county in which the alleged violation 63.32 occurred, if the petitioner and respondent do not reside in this 63.33 state. The court also shall refer the violation of the order 63.34 for protection/minor respondent to the county attorney for 63.35 possible prosecution under subdivision 1a, paragraph (b), (c), 63.36 or (d), or if the respondent is an adult at the time of the 64.1 alleged violation, to the appropriate prosecuting authority for 64.2 possible prosecution under Minnesota Statutes, chapter 518B. 64.3 Subd. 1a. [PENALTIES.] (a) A person who violates an order 64.4 for protection/minor respondent issued under this section is 64.5 subject to the penalties provided in paragraphs (b) to (d), 64.6 except that if the respondent or person to be restrained is over 64.7 the age of 18 at the time of the violation, Minnesota Statutes, 64.8 section 518B.01, subdivision 14, shall apply. If the respondent 64.9 is still a minor at the time of the violation, the laws relating 64.10 to delinquency prosecution and disposition in juvenile court 64.11 shall apply, consistent with this section and notwithstanding 64.12 the provisions of Minnesota Statutes, section 260.015, 64.13 subdivision 21. 64.14 (b) Except as otherwise provided in paragraphs (c) and (d), 64.15 whenever an order for protection/minor respondent is granted 64.16 under this section or a similar law of another state, and the 64.17 respondent or person to be restrained knows of the order, 64.18 violation of the order for protection/minor respondent is a 64.19 misdemeanor. Upon a misdemeanor adjudication of delinquency, 64.20 the respondent must be ordered to participate in counseling or 64.21 other appropriate programs selected by the court. A violation 64.22 of an order for protection/minor respondent shall also 64.23 constitute contempt of court and be subject to the penalties 64.24 provided in Minnesota Statutes, chapter 588. 64.25 (c) A person is guilty of a gross misdemeanor who knowingly 64.26 violates this subdivision during the time period between a 64.27 previous adjudication of delinquency under this subdivision; 64.28 Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 64.29 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 64.30 a similar law of another state; and the end of the five years 64.31 following discharge from sentence for that adjudication of 64.32 delinquency. Upon a gross misdemeanor adjudication of 64.33 delinquency under this paragraph, the respondent must be ordered 64.34 to participate in counseling or other appropriate programs 64.35 selected by the court. 64.36 (d) A person is guilty of a felony if the person knowingly 65.1 violates this subdivision: 65.2 (1) during the time period between the first of two or more 65.3 previous adjudications of delinquency under this section or 65.4 Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 65.5 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 65.6 a similar law of another state; and the end of the five years 65.7 following discharge from sentence for that adjudication of 65.8 delinquency; or 65.9 (2) while possessing a dangerous weapon, as defined in 65.10 Minnesota Statutes, section 609.02, subdivision 6. 65.11 Upon a felony adjudication of delinquency under this paragraph, 65.12 the court shall order, at a minimum, that the respondent 65.13 participate in counseling or other appropriate programs selected 65.14 by the court. 65.15 (e) A peace officer shall arrest without a warrant and take 65.16 into custody a person whom the peace officer has probable cause 65.17 to believe has violated an order granted under this section, 65.18 Minnesota Statutes, chapter 518B, or a similar law of another 65.19 state restraining the person or excluding the person from the 65.20 residence or the petitioner's place of employment, even if the 65.21 violation of the order did not take place in the presence of the 65.22 peace officer, if the existence of the order can be verified by 65.23 the officer. The person shall be held in custody for at least 65.24 36 hours, excluding the day of arrest, Sundays, and holidays, 65.25 unless the person is released earlier by a judge or judicial 65.26 officer. A peace officer acting in good faith and exercising 65.27 due care in making an arrest pursuant to this paragraph is 65.28 immune from civil liability that might result from the officer's 65.29 actions. A peace officer is not liable under Minnesota 65.30 Statutes, section 609.43, clause (1), for a failure to perform a 65.31 duty required by this paragraph. 65.32 (f) If the court finds that the respondent has violated an 65.33 order for protection/minor respondent and that there is reason 65.34 to believe that the respondent will commit a further violation 65.35 of the provisions of the order restraining the respondent from 65.36 committing acts of domestic abuse or excluding the respondent 66.1 from the petitioner's residence, the court may require the 66.2 respondent to acknowledge an obligation to comply with the order 66.3 on the record. 66.4 Subd. 2. [EXTENSION OF PROTECTION ORDER.] If it is alleged 66.5 that a minor respondent has violated an order for 66.6 protection/minor respondent issued under sections 2 to 26 and 66.7 the court finds that the order has expired between the time of 66.8 the alleged violation and the court's hearing on the violation, 66.9 the court may grant a new order for protection/minor respondent 66.10 based solely on the minor respondent's alleged violation of the 66.11 prior order, to be effective until the hearing on the alleged 66.12 violation of the prior order. The relief granted in the new 66.13 order for protection/minor respondent must be extended for a 66.14 fixed period, not to exceed one year, except when the court 66.15 determines a longer fixed period is appropriate. 66.16 Subd. 3. [ADMITTANCE INTO DWELLING.] Admittance into the 66.17 petitioner's dwelling of an abusing party excluded from the 66.18 dwelling under an order for protection/minor respondent is not a 66.19 violation by the petitioner of the order. 66.20 Subd. 4. [POSSESSION OF FIREARM.] (a) When a person is 66.21 adjudicated delinquent under subdivision 1a, paragraph (b), (c), 66.22 or (d), of violating an order for protection/minor respondent 66.23 and the court determines that the person used a firearm in any 66.24 way during commission of the violation, the court may order that 66.25 the person is prohibited from possessing any type of firearm for 66.26 any period longer than three years or for the remainder of the 66.27 person's life. A person who violates this paragraph is guilty 66.28 of a gross misdemeanor. At the time of the adjudication of 66.29 delinquency, the court shall inform the respondent whether and 66.30 for how long the respondent is prohibited from possessing a 66.31 firearm and that it is a gross misdemeanor to violate this 66.32 paragraph. The failure of the court to provide this information 66.33 to a respondent does not affect the applicability of the firearm 66.34 possession prohibition or the gross misdemeanor penalty to that 66.35 respondent. 66.36 (b) Except as otherwise provided in paragraph (a), when a 67.1 person is adjudicated delinquent under subdivision 1a, paragraph 67.2 (b), (c), or (d), of violating an order for protection/minor 67.3 respondent, the court shall inform the respondent that the 67.4 respondent is prohibited from possessing a pistol for three 67.5 years from the date of adjudication of delinquency and that it 67.6 is a gross misdemeanor offense to violate this prohibition. The 67.7 failure of the court to provide this information to a respondent 67.8 does not affect the applicability of the pistol possession 67.9 prohibition or the gross misdemeanor penalty to that respondent. 67.10 (c) Except as otherwise provided in paragraph (a), a person 67.11 is not entitled to possess a pistol if the person has been 67.12 adjudicated delinquent under subdivision 1a, paragraph (b), (c), 67.13 or (d), of violating an order for protection/minor respondent, 67.14 unless three years have elapsed from the date of adjudication of 67.15 delinquency and, during that time, the person has not been 67.16 adjudicated delinquent or convicted of any other violation of 67.17 this section or Minnesota Statutes, chapter 518B. Property 67.18 rights may not be abated but access may be restricted by the 67.19 courts. A person who possesses a pistol in violation of this 67.20 paragraph is guilty of a gross misdemeanor. 67.21 (d) If the court determines that a person adjudicated 67.22 delinquent under subdivision 1a, paragraph (b), (c), or (d), of 67.23 violating an order for protection/minor respondent owns or 67.24 possesses a firearm and used it in any way during the commission 67.25 of the violation, it shall order that the firearm be summarily 67.26 forfeited under Minnesota Statutes, section 609.5316, 67.27 subdivision 3. 67.28 Sec. 7. Laws 1997, chapter 239, article 10, section 1, is 67.29 amended to read: 67.30 Section 1. [PILOT PROGRAM.] 67.31 Actions under sections 2 to 26 are limited to a pilot 67.32 program in the 4th judicial district for the period June 1, 67.33 1998, through July 31,19992000. At the conclusion of the 67.34 pilot period, the 4th judicial district shall report to the 67.35 legislature on the number of petitions filed under sections 2 to 67.36 26, the relationship of the parties, and the disposition of each 68.1 petition. 68.2 Sec. 8. [EFFECTIVE DATE.] 68.3 Sections 1 and 2 are effective August 1, 1998, and apply to 68.4 crimes committed on or after that date. Sections 3, 4, 6, and 7 68.5 are effective June 1, 1998, and apply to offenses committed on 68.6 or after that date. 68.7 ARTICLE 6 68.8 SENTENCING PROVISIONS 68.9 Section 1. Minnesota Statutes 1996, section 244.05, 68.10 subdivision 4, is amended to read: 68.11 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 68.12 serving a mandatory life sentence under section 609.184 must not 68.13 be given supervised release under this section. An inmate 68.14 serving a mandatory life sentence under section 609.185, clause 68.15 (1), (3), (5), or (6); 609.1095, subdivision 4; or 609.346, 68.16 subdivision 2a, must not be given supervised release under this 68.17 section without having served a minimum term of 30 years. An 68.18 inmate serving a mandatory life sentence under section 609.385 68.19 must not be given supervised release under this section without 68.20 having served a minimum term of imprisonment of 17 years. 68.21 Sec. 2. Minnesota Statutes 1996, section 244.05, 68.22 subdivision 5, is amended to read: 68.23 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 68.24 commissioner of corrections may, under rules promulgated by the 68.25 commissioner, give supervised release to an inmate serving a 68.26 mandatory life sentence under section 609.185, clause (1), (3), 68.27 (5), or (6); 609.1095, subdivision 4; 609.346, subdivision 2a; 68.28 or 609.385 after the inmate has served the minimum term of 68.29 imprisonment specified in subdivision 4. 68.30 (b) The commissioner shall require the preparation of a 68.31 community investigation report and shall consider the findings 68.32 of the report when making a supervised release decision under 68.33 this subdivision. The report shall reflect the sentiment of the 68.34 various elements of the community toward the inmate, both at the 68.35 time of the offense and at the present time. The report shall 68.36 include the views of the sentencing judge, the prosecutor, any 69.1 law enforcement personnel who may have been involved in the 69.2 case, and any successors to these individuals who may have 69.3 information relevant to the supervised release decision. The 69.4 report shall also include the views of the victim and the 69.5 victim's family unless the victim or the victim's family chooses 69.6 not to participate. 69.7 (c) The commissioner shall make reasonable efforts to 69.8 notify the victim, in advance, of the time and place of the 69.9 inmate's supervised release review hearing. The victim has a 69.10 right to submit an oral or written statement at the review 69.11 hearing. The statement may summarize the harm suffered by the 69.12 victim as a result of the crime and give the victim's 69.13 recommendation on whether the inmate should be given supervised 69.14 release at this time. The commissioner must consider the 69.15 victim's statement when making the supervised release decision. 69.16 (d) As used in this subdivision, "victim" means the 69.17 individual who suffered harm as a result of the inmate's crime 69.18 or, if the individual is deceased, the deceased's surviving 69.19 spouse or next of kin. 69.20 Sec. 3. Minnesota Statutes 1996, section 609.01, 69.21 subdivision 1, is amended to read: 69.22 Subdivision 1. [PURPOSES.] This chapter may be cited as 69.23 the criminal code of 1963. Its provisions shall be construed 69.24 according to the fair import of its terms, to promote justice, 69.25 and to effect its purposes which are declared to be: 69.26 (1) to protect the public safety and welfare by preventing 69.27 the commission of crime through the deterring effect of the 69.28 sentences authorized, the rehabilitation of those convicted, and 69.29 their confinement when the public safety and interest requires; 69.30and69.31 (2) to protect the individual against the misuse of the 69.32 criminal law by fairly defining the acts and omissions 69.33 prohibited, authorizing sentences reasonably related to the 69.34 conduct and character of the convicted person, and prescribing 69.35 fair and reasonable postconviction procedures; and 69.36 (3) to authorize concurrent sentences of incarceration in a 70.1 correctional facility for offenses involving separate victims or 70.2 behavioral incidents only when the sentencing court finds good 70.3 cause, based on substantial and compelling reasons, for 70.4 concurrent sentencing. 70.5 Sec. 4. Minnesota Statutes 1996, section 609.095, is 70.6 amended to read: 70.7 609.095 [LIMITS OF SENTENCES.] 70.8 (a) The legislature has the exclusive authority to define 70.9 crimes and offenses and the range of the sentences or 70.10 punishments for their violation. No other or different sentence 70.11 or punishment shall be imposed for the commission of a crime 70.12 than is authorized by this chapter or other applicable law. 70.13 (b) Except as provided in section 152.18 or upon agreement 70.14 of the parties, a court may not refuse to adjudicate the guilt 70.15 of a defendant who tenders a guilty plea in accordance with 70.16 Minnesota Rules of Criminal Procedure, rule 15, or who has been 70.17 found guilty by a court or jury following a trial. 70.18 (c) Paragraph (b) does not supersede Minnesota Rules of 70.19 Criminal Procedure, rule 26.04. 70.20 Sec. 5. [LEGISLATIVE PURPOSE.] 70.21 Sections 6 to 9 recodify and clarify current laws relating 70.22 to increased sentences for certain dangerous or repeat offenders 70.23 in order to group them together near the beginning of the 70.24 criminal code. This recodification aims to unify these various 70.25 increased sentence provisions to facilitate their use and is not 70.26 intended to result in any substantive change in the recodified 70.27 sections. 70.28 Sec. 6. [609.106] [HEINOUS CRIMES.] 70.29 Subdivision 1. [TERMS.] (a) A "heinous crime" is: 70.30 (1) a violation or attempted violation of section 609.185 70.31 or 609.19; 70.32 (2) a violation of section 609.195 or 609.221; or 70.33 (3) a violation of section 609.342, 609.343, or 609.344, if 70.34 the offense was committed with force or violence. 70.35 (b) "Previous conviction" means a conviction in Minnesota 70.36 for a heinous crime or a conviction elsewhere for conduct that 71.1 would have been a heinous crime under this chapter if committed 71.2 in Minnesota. The term includes any conviction that occurred 71.3 before the commission of the present offense of conviction, but 71.4 does not include a conviction if 15 years have elapsed since the 71.5 person was discharged from the sentence imposed for the offense. 71.6 Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence 71.7 a person to life imprisonment without possibility of release 71.8 under the following circumstances: 71.9 (1) the person is convicted of first degree murder under 71.10 section 609.185, clause (2) or (4); or 71.11 (2) the person is convicted of first degree murder under 71.12 section 609.185, clause (1), (3), (5), or (6), and the court 71.13 determines on the record at the time of sentencing that the 71.14 person has one or more previous convictions for a heinous crime. 71.15 Sec. 7. [609.107] [MANDATORY PENALTY FOR CERTAIN 71.16 MURDERERS.] 71.17 When a person is convicted of violating section 609.19 or 71.18 609.195, the court shall sentence the person to the statutory 71.19 maximum sentence for the offense if the person was previously 71.20 convicted of a heinous crime as defined in section 609.106 and 71.21 15 years have not elapsed since the person was discharged from 71.22 the sentence imposed for that conviction. The court may not 71.23 stay the imposition or execution of the sentence, 71.24 notwithstanding section 609.135. 71.25 Sec. 8. [609.108] [MANDATORY INCREASED SENTENCES FOR 71.26 CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR 71.27 CONVICTION REQUIRED.] 71.28 Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court 71.29 shall commit a person to the commissioner of corrections for a 71.30 period of time that is not less than double the presumptive 71.31 sentence under the sentencing guidelines and not more than the 71.32 statutory maximum, or if the statutory maximum is less than 71.33 double the presumptive sentence, for a period of time that is 71.34 equal to the statutory maximum, if: 71.35 (1) the court is imposing an executed sentence, based on a 71.36 sentencing guidelines presumptive imprisonment sentence or a 72.1 dispositional departure for aggravating circumstances or a 72.2 mandatory minimum sentence, on a person convicted of committing 72.3 or attempting to commit a violation of section 609.342, 609.343, 72.4 609.344, or 609.345, or on a person convicted of committing or 72.5 attempting to commit any other crime listed in subdivision 2 if 72.6 it reasonably appears to the court that the crime was motivated 72.7 by the offender's sexual impulses or was part of a predatory 72.8 pattern of behavior that had criminal sexual conduct as its 72.9 goal; 72.10 (2) the court finds that the offender is a danger to public 72.11 safety; and 72.12 (3) the court finds that the offender needs long-term 72.13 treatment or supervision beyond the presumptive term of 72.14 imprisonment and supervised release. The finding must be based 72.15 on a professional assessment by an examiner experienced in 72.16 evaluating sex offenders that concludes that the offender is a 72.17 patterned sex offender. The assessment must contain the facts 72.18 upon which the conclusion is based, with reference to the 72.19 offense history of the offender or the severity of the current 72.20 offense, the social history of the offender, and the results of 72.21 an examination of the offender's mental status unless the 72.22 offender refuses to be examined. The conclusion may not be 72.23 based on testing alone. A patterned sex offender is one whose 72.24 criminal sexual behavior is so engrained that the risk of 72.25 reoffending is great without intensive psychotherapeutic 72.26 intervention or other long-term controls. 72.27 (b) The court shall consider imposing a sentence under this 72.28 section whenever a person is convicted of violating section 72.29 609.342 or 609.343. 72.30 Subd. 2. [INCREASED STATUTORY MAXIMUM.] If the factfinder 72.31 determines, at the time of the trial or the guilty plea, that a 72.32 predatory offense was motivated by, committed in the course of, 72.33 or committed in furtherance of sexual contact or penetration, as 72.34 defined in section 609.341, and the court is imposing a sentence 72.35 under subdivision 1, the statutory maximum imprisonment penalty 72.36 for the offense is 40 years, notwithstanding the statutory 73.1 maximum imprisonment penalty otherwise provided for the offense. 73.2 Subd. 3. [PREDATORY CRIME.] A predatory crime is a felony 73.3 violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 73.4 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 73.5 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 73.6 or 609.582, subdivision 1. 73.7 Subd. 4. [DANGER TO PUBLIC SAFETY.] The court shall base 73.8 its finding that the offender is a danger to public safety on 73.9 any of the following factors: 73.10 (1) the crime involved an aggravating factor that would 73.11 justify a durational departure from the presumptive sentence 73.12 under the sentencing guidelines; 73.13 (2) the offender previously committed or attempted to 73.14 commit a predatory crime or a violation of section 609.224 or 73.15 609.2242, including: 73.16 (i) an offense committed as a juvenile that would have been 73.17 a predatory crime or a violation of section 609.224 or 609.2242 73.18 if committed by an adult; or 73.19 (ii) a violation or attempted violation of a similar law of 73.20 any other state or the United States; or 73.21 (3) the offender planned or prepared for the crime prior to 73.22 its commission. 73.23 Subd. 5. [DEPARTURE FROM GUIDELINES.] A sentence imposed 73.24 under subdivision 1 is a departure from the sentencing 73.25 guidelines. 73.26 Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing 73.27 under subdivision 1, the court shall provide that after the 73.28 offender has completed the sentence imposed, less any good time 73.29 earned by an offender whose crime was committed before August 1, 73.30 1993, the commissioner of corrections shall place the offender 73.31 on conditional release for the remainder of the statutory 73.32 maximum period, or for ten years, whichever is longer. 73.33 The conditions of release may include successful completion 73.34 of treatment and aftercare in a program approved by the 73.35 commissioner, satisfaction of the release conditions specified 73.36 in section 244.05, subdivision 6, and any other conditions the 74.1 commissioner considers appropriate. Before the offender is 74.2 released, the commissioner shall notify the sentencing court, 74.3 the prosecutor in the jurisdiction where the offender was 74.4 sentenced, and the victim of the offender's crime, where 74.5 available, of the terms of the offender's conditional release. 74.6 If the offender fails to meet any condition of release, the 74.7 commissioner may revoke the offender's conditional release and 74.8 order that the offender serve all or a part of the remaining 74.9 portion of the conditional release term in prison. The 74.10 commissioner shall not dismiss the offender from supervision 74.11 before the conditional release term expires. 74.12 Conditional release granted under this subdivision is 74.13 governed by provisions relating to supervised release, except as 74.14 otherwise provided in this subdivision, section 244.04, 74.15 subdivision 1, or 244.05. 74.16 Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner 74.17 shall pay the cost of treatment of a person released under 74.18 subdivision 5. This section does not require the commissioner 74.19 to accept or retain an offender in a treatment program. 74.20 Sec. 9. [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR 74.21 REPEAT SEX OFFENDERS.] 74.22 Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For 74.23 purposes of this section, "offense" means a completed offense or 74.24 an attempt to commit an offense. 74.25 Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as 74.26 provided in subdivision 3 or 4, if a person is convicted under 74.27 sections 609.342 to 609.345, within 15 years of a previous sex 74.28 offense conviction, the court shall commit the defendant to the 74.29 commissioner of corrections for not less than three years, nor 74.30 more than the maximum sentence provided by law for the offense 74.31 for which convicted, notwithstanding the provisions of sections 74.32 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay 74.33 the execution of the sentence imposed under this subdivision 74.34 only if it finds that a professional assessment indicates the 74.35 offender is accepted by and can respond to treatment at a 74.36 long-term inpatient program exclusively treating sex offenders 75.1 and approved by the commissioner of corrections. If the court 75.2 stays the execution of a sentence, it shall include the 75.3 following as conditions of probation: 75.4 (1) incarceration in a local jail or workhouse; and 75.5 (2) a requirement that the offender successfully complete 75.6 the treatment program and aftercare as directed by the court. 75.7 Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall 75.8 sentence a person to imprisonment for life, notwithstanding the 75.9 statutory maximum sentence under section 609.342, if: 75.10 (1) the person has been indicted by a grand jury under this 75.11 subdivision; 75.12 (2) the person is convicted under section 609.342; and 75.13 (3) the court determines on the record at the time of 75.14 sentencing that any of the following circumstances exists: 75.15 (i) the person has previously been sentenced under section 75.16 609.1095; 75.17 (ii) the person has one previous sex offense conviction for 75.18 a violation of section 609.342, 609.343, or 609.344 that 75.19 occurred before August 1, 1989, for which the person was 75.20 sentenced to prison in an upward durational departure from the 75.21 sentencing guidelines that resulted in a sentence at least twice 75.22 as long as the presumptive sentence; or 75.23 (iii) the person has two previous sex offense convictions 75.24 under section 609.342, 609.343, or 609.344. 75.25 (b) Notwithstanding subdivision 2 and section 609.342, 75.26 subdivision 3, the court may not stay imposition of the sentence 75.27 required by this subdivision. 75.28 Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 75.29 commit a person to the commissioner of corrections for not less 75.30 than 30 years, notwithstanding the statutory maximum sentence 75.31 under section 609.343, if: 75.32 (1) the person is convicted under section 609.342, 75.33 subdivision 1, clause (c), (d), (e), or (f); or 609.343, 75.34 subdivision 1, clause (c), (d), (e), or (f); and 75.35 (2) the court determines on the record at the time of 75.36 sentencing that: 76.1 (i) the crime involved an aggravating factor that would 76.2 provide grounds for an upward departure under the sentencing 76.3 guidelines other than the aggravating factor applicable to 76.4 repeat criminal sexual conduct convictions; and 76.5 (ii) the person has a previous sex offense conviction under 76.6 section 609.342, 609.343, or 609.344. 76.7 (b) Notwithstanding subdivision 2 and sections 609.342, 76.8 subdivision 3; and 609.343, subdivision 3, the court may not 76.9 stay imposition or execution of the sentence required by this 76.10 subdivision. 76.11 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 76.12 purposes of this section, a conviction is considered a previous 76.13 sex offense conviction if the person was convicted of a sex 76.14 offense before the commission of the present offense of 76.15 conviction. A person has two previous sex offense convictions 76.16 only if the person was convicted and sentenced for a sex offense 76.17 committed after the person was earlier convicted and sentenced 76.18 for a sex offense, both convictions preceded the commission of 76.19 the present offense of conviction, and 15 years have not elapsed 76.20 since the person was discharged from the sentence imposed for 76.21 the second conviction. A "sex offense" is a violation of 76.22 sections 609.342 to 609.345 or any similar statute of the United 76.23 States, this state, or any other state. 76.24 Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 76.25 shall sentence a person to at least twice the presumptive 76.26 sentence recommended by the sentencing guidelines if: 76.27 (1) the person is convicted under section 609.342, 76.28 subdivision 1, clause (c), (d), (e), or (f); 609.343, 76.29 subdivision 1, clause (c), (d), (e), or (f); or 609.344, 76.30 subdivision 1, clause (c) or (d); and 76.31 (2) the court determines on the record at the time of 76.32 sentencing that the crime involved an aggravating factor that 76.33 would provide grounds for an upward departure under the 76.34 sentencing guidelines. 76.35 Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 76.36 Notwithstanding the statutory maximum sentence otherwise 77.1 applicable to the offense or any provision of the sentencing 77.2 guidelines, when a court sentences a person to prison for a 77.3 violation of section 609.342, 609.343, 609.344, or 609.345, the 77.4 court shall provide that after the person has completed the 77.5 sentence imposed, the commissioner of corrections shall place 77.6 the person on conditional release. If the person was convicted 77.7 for a violation of section 609.342, 609.343, 609.344, or 77.8 609.345, the person shall be placed on conditional release for 77.9 five years, minus the time the person served on supervised 77.10 release. If the person was convicted for a violation of one of 77.11 those sections a second or subsequent time, or sentenced under 77.12 subdivision 4 to a mandatory departure, the person shall be 77.13 placed on conditional release for ten years, minus the time the 77.14 person served on supervised release. 77.15 (b) The conditions of release may include successful 77.16 completion of treatment and aftercare in a program approved by 77.17 the commissioner, satisfaction of the release conditions 77.18 specified in section 244.05, subdivision 6, and any other 77.19 conditions the commissioner considers appropriate. If the 77.20 offender fails to meet any condition of release, the 77.21 commissioner may revoke the offender's conditional release and 77.22 order that the offender serve the remaining portion of the 77.23 conditional release term in prison. The commissioner shall not 77.24 dismiss the offender from supervision before the conditional 77.25 release term expires. 77.26 Conditional release under this subdivision is governed by 77.27 provisions relating to supervised release, except as otherwise 77.28 provided in this subdivision, section 244.04, subdivision 1, or 77.29 244.05. 77.30 (c) The commissioner shall pay the cost of treatment of a 77.31 person released under this subdivision. This section does not 77.32 require the commissioner to accept or retain an offender in a 77.33 treatment program. 77.34 Sec. 10. [609.1095] [INCREASED SENTENCES FOR CERTAIN 77.35 DANGEROUS AND REPEAT FELONY OFFENDERS.] 77.36 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 78.1 the following terms have the meanings given. 78.2 (b) "Conviction" means any of the following accepted and 78.3 recorded by the court: a plea of guilty, a verdict of guilty by 78.4 a jury, or a finding of guilty by the court. The term includes 78.5 a conviction by any court in Minnesota or another jurisdiction. 78.6 (c) "Prior conviction" means a conviction that occurred 78.7 before the offender committed the next felony resulting in a 78.8 conviction and before the offense for which the offender is 78.9 being sentenced under this section. 78.10 (d) "Violent crime" means a violation of or an attempt or 78.11 conspiracy to violate any of the following laws of this state or 78.12 any similar laws of the United States or any other state: 78.13 section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 78.14 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 78.15 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 78.16 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 78.17 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 78.18 subdivision 1; 609.66, subdivision 1e; 609.687; 609.855, 78.19 subdivision 5; any provision of sections 609.229; 609.377; 78.20 609.378; 609.749; and 624.713 that is punishable by a felony 78.21 penalty; or any provision of chapter 152 that is punishable by a 78.22 maximum sentence of 15 years or more. 78.23 Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 78.24 COMMITS A SECOND VIOLENT CRIME.] Whenever a person is convicted 78.25 of a violent crime that is a felony, and the judge is imposing 78.26 an executed sentence based on a sentencing guidelines 78.27 presumptive imprisonment sentence, the judge may impose an 78.28 aggravated durational departure from the presumptive 78.29 imprisonment sentence up to the statutory maximum sentence if 78.30 the offender was at least 18 years old at the time the felony 78.31 was committed, and: 78.32 (1) the court determines on the record at the time of 78.33 sentencing that the offender has one or more prior convictions 78.34 for violent crimes; and 78.35 (2) the court finds that the offender is a danger to public 78.36 safety and specifies on the record the basis for the finding, 79.1 which may include: 79.2 (i) the offender's past criminal behavior, such as the 79.3 offender's high frequency rate of criminal activity or juvenile 79.4 adjudications, or long involvement in criminal activity 79.5 including juvenile adjudications; or 79.6 (ii) the fact that the present offense of conviction 79.7 involved an aggravating factor that would justify a durational 79.8 departure under the sentencing guidelines. 79.9 Subd. 3. [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 79.10 COMMITS A SECOND VIOLENT FELONY.] (a) Unless a longer mandatory 79.11 minimum sentence is otherwise required by law or the court 79.12 imposes a longer aggravated durational departure under 79.13 subdivision 2, a person who is convicted of a violent crime that 79.14 is a felony must be committed to the commissioner of corrections 79.15 if: 79.16 (1) the court determines on the record at the time of 79.17 sentencing that the person has one or more prior felony 79.18 convictions for violent crimes; and 79.19 (2) the person's presumptive sentence under the sentencing 79.20 guidelines is commitment to the commissioner of corrections. 79.21 Any person convicted and sentenced as required by this 79.22 subdivision is not eligible for probation, parole, discharge, or 79.23 work release, until that person has served the full term of 79.24 imprisonment imposed by the court, notwithstanding sections 79.25 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. 79.26 (b) For purposes of this subdivision, "violent crime" does 79.27 not include a violation of section 152.023 or 152.024. 79.28 Subd. 4. [THIRD VIOLENT FELONY; LIFE SENTENCE.] (a) A 79.29 person who is convicted of a violent crime that is a felony must 79.30 be sentenced to imprisonment for life, notwithstanding the 79.31 statutory maximum sentence otherwise applicable to the offense, 79.32 if the court determines on the record at the time of sentencing 79.33 that the person has two or more prior felony convictions for 79.34 violent crimes. The court may waive the mandatory life 79.35 imprisonment penalty and sentence the person as provided in 79.36 subdivision 3 if the court finds, on the record, substantial and 80.1 compelling mitigating reasons for doing so. 80.2 (b) For purposes of this subdivision, "violent crime" does 80.3 not include a violation of section 152.023, 152.024, 609.223, 80.4 609.255, 609.562, or 609.687. 80.5 Subd. 5. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 80.6 THIRD FELONY.] Whenever a person is convicted of a felony, and 80.7 the judge is imposing an executed sentence based on a sentencing 80.8 guidelines presumptive imprisonment sentence, the judge may 80.9 impose an aggravated durational departure from the presumptive 80.10 sentence up to the statutory maximum sentence if the judge finds 80.11 and specifies on the record that the offender has two prior 80.12 felony convictions and that the present offense is a felony that 80.13 was committed as part of a pattern of criminal conduct. 80.14 Sec. 11. Minnesota Statutes 1996, section 609.135, is 80.15 amended by adding a subdivision to read: 80.16 Subd. 2a. [TOLLING OF STAY OF SENTENCE.] (a) When a court: 80.17 (1) sentences a defendant to serve an executed felony 80.18 sentence consecutively to a stayed felony sentence; or 80.19 (2) sentences a defendant to multiple, consecutive, stayed 80.20 felony sentences and subsequently revokes one of the stays of 80.21 sentence under section 609.14; 80.22 the running of the stay of sentence of the unexecuted sentence 80.23 shall be tolled while the defendant serves the executed 80.24 sentence. The running of the stay of sentence shall recommence 80.25 when the defendant is discharged from the executed sentence. 80.26 (b) The defendant is not entitled to credit against the 80.27 stayed sentence for time served in confinement during the 80.28 consecutive executed sentence. 80.29 Sec. 12. Minnesota Statutes 1996, section 609.135, 80.30 subdivision 7, is amended to read: 80.31 Subd. 7. [DEMAND OF EXECUTION OF SENTENCE.] An offender 80.32 may not demand execution of sentence in lieu of a stay of 80.33 imposition or execution of sentenceif the offender will serve80.34less than nine months at the state institution. This80.35subdivision does not apply to an offender who will be serving80.36the sentence consecutively or concurrently with a previously81.1imposed executed felony sentenceor in lieu of the tolling of a 81.2 stay of sentence under subdivision 2a. 81.3 Sec. 13. Minnesota Statutes 1996, section 609.145, is 81.4 amended by adding a subdivision to read: 81.5 Subd. 3. [CREDIT FOR CONCURRENT INCARCERATION.] (a) When a 81.6 court sentences an offender to incarceration in a state or local 81.7 correctional facility, the court shall: 81.8 (1) ensure that the record accurately reflects the amount 81.9 of time the offender spent in custody relating solely to the 81.10 offense or behavioral incident for which the sentence was 81.11 imposed; and 81.12 (2) deduct only the time described in clause (1) from the 81.13 term of incarceration imposed in the sentence. 81.14 (b) A court may not award credit against a sentence for any 81.15 period of incarceration or imprisonment served in connection 81.16 with any other behavioral incident or any incident involving a 81.17 separate victim unless the court states reasons in writing or on 81.18 the record that: 81.19 (1) specify the substantial and compelling circumstances 81.20 justifying the credit or concurrent sentence; and 81.21 (2) demonstrate why the credit or a concurrent sentence is 81.22 more appropriate or reasonable than a separate sentence. 81.23 Sec. 14. Minnesota Statutes 1997 Supplement, section 81.24 609.15, subdivision 1, is amended to read: 81.25 Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; 81.26 SPECIFICATION REQUIREMENT.] (a) Except as provided in 81.27 paragraph(c)(d), when separate sentences of incarceration in a 81.28 local correctional facility or imprisonment in a state 81.29 correctional facility are imposed on a defendant for two or more 81.30 crimes, whether charged in a single indictment orinformation81.31 complaint or separately, or when a person who is under sentence 81.32 of incarceration or imprisonment in this state is being 81.33 sentenced to incarceration or imprisonment for another crime 81.34 committed prior to or while subject to such former sentence, the 81.35 court in the later sentence or sentences shall specify whether 81.36 the sentences shall run concurrently or consecutively. The 82.1 court shall make this specification at the time of sentencing or 82.2 upon revocation of a stay of sentence. If the court does not so 82.3 specify, the sentences shall runconcurrentlyconsecutively. 82.4 (b) The court may impose separate sentences of imprisonment 82.5 on a defendant for two or more crimes and require the sentences 82.6 to run consecutively when the defendant commits one or more 82.7 additional crimes during the time between the defendant's being 82.8 charged with one crime and the time of sentencing on that 82.9 crime. If the court does not specify whether the sentences run 82.10 concurrently or consecutively, the sentences shall run 82.11 concurrently. 82.12 (c) When a court imposes sentence for a misdemeanor or 82.13 gross misdemeanor offense and specifies that the sentence shall 82.14 run consecutively to any other sentence, the court may order the 82.15 defendant to serve time in custody for the consecutive sentence 82.16 in addition to any time in custody the defendant may be serving 82.17 for any other offense, including probationary jail time or 82.18 imprisonment for any felony offense. 82.19(c)(d) An inmate of a state prison who is convicted of 82.20 committing an assault within the correctional facility is 82.21 subject to the consecutive sentencing provisions of section 82.22 609.2232. 82.23 Sec. 15. Minnesota Statutes 1996, section 609.347, 82.24 subdivision 1, is amended to read: 82.25 Subdivision 1. In a prosecution under sections 609.109 or 82.26 609.342 to609.346609.3451, the testimony of a victim need not 82.27 be corroborated. 82.28 Sec. 16. Minnesota Statutes 1996, section 609.347, 82.29 subdivision 2, is amended to read: 82.30 Subd. 2. In a prosecution under sections 609.109 or 82.31 609.342 to609.346609.3451, there is no need to show that the 82.32 victim resisted the accused. 82.33 Sec. 17. Minnesota Statutes 1996, section 609.347, 82.34 subdivision 3, is amended to read: 82.35 Subd. 3. In a prosecution under sections 609.109, 609.342 82.36 to609.346609.3451, or 609.365, evidence of the victim's 83.1 previous sexual conduct shall not be admitted nor shall any 83.2 reference to such conduct be made in the presence of the jury, 83.3 except by court order under the procedure provided in 83.4 subdivision 4. The evidence can be admitted only if the 83.5 probative value of the evidence is not substantially outweighed 83.6 by its inflammatory or prejudicial nature and only in the 83.7 circumstances set out in paragraphs (a) and (b). For the 83.8 evidence to be admissible under paragraph (a), subsection (i), 83.9 the judge must find by a preponderance of the evidence that the 83.10 facts set out in the accused's offer of proof are true. For the 83.11 evidence to be admissible under paragraph (a), subsection (ii) 83.12 or paragraph (b), the judge must find that the evidence is 83.13 sufficient to support a finding that the facts set out in the 83.14 accused's offer of proof are true, as provided under Rule 901 of 83.15 the Rules of Evidence. 83.16 (a) When consent of the victim is a defense in the case, 83.17 the following evidence is admissible: 83.18 (i) evidence of the victim's previous sexual conduct 83.19 tending to establish a common scheme or plan of similar sexual 83.20 conduct under circumstances similar to the case at issue. In 83.21 order to find a common scheme or plan, the judge must find that 83.22 the victim made prior allegations of sexual assault which were 83.23 fabricated; and 83.24 (ii) evidence of the victim's previous sexual conduct with 83.25 the accused. 83.26 (b) When the prosecution's case includes evidence of semen, 83.27 pregnancy, or disease at the time of the incident or, in the 83.28 case of pregnancy, between the time of the incident and trial, 83.29 evidence of specific instances of the victim's previous sexual 83.30 conduct is admissible solely to show the source of the semen, 83.31 pregnancy, or disease. 83.32 Sec. 18. Minnesota Statutes 1996, section 609.347, 83.33 subdivision 5, is amended to read: 83.34 Subd. 5. In a prosecution under sections 609.109 or 83.35 609.342 to609.346609.3451, the court shall not instruct the 83.36 jury to the effect that: 84.1 (a) It may be inferred that a victim who has previously 84.2 consented to sexual intercourse with persons other than the 84.3 accused would be therefore more likely to consent to sexual 84.4 intercourse again; or 84.5 (b) The victim's previous or subsequent sexual conduct in 84.6 and of itself may be considered in determining the credibility 84.7 of the victim; or 84.8 (c) Criminal sexual conduct is a crime easily charged by a 84.9 victim but very difficult to disprove by an accused because of 84.10 the heinous nature of the crime; or 84.11 (d) The jury should scrutinize the testimony of the victim 84.12 any more closely than it should scrutinize the testimony of any 84.13 witness in any felony prosecution. 84.14 Sec. 19. Minnesota Statutes 1996, section 609.347, 84.15 subdivision 6, is amended to read: 84.16 Subd. 6. (a) In a prosecution under sections 609.109 or 84.17 609.342 to609.346609.3451 involving a psychotherapist and 84.18 patient, evidence of the patient's personal or medical history 84.19 is not admissible except when: 84.20 (1) the accused requests a hearing at least three business 84.21 days prior to trial and makes an offer of proof of the relevancy 84.22 of the history; and 84.23 (2) the court finds that the history is relevant and that 84.24 the probative value of the history outweighs its prejudicial 84.25 value. 84.26 (b) The court shall allow the admission only of specific 84.27 information or examples of conduct of the victim that are 84.28 determined by the court to be relevant. The court's order shall 84.29 detail the information or conduct that is admissible and no 84.30 other evidence of the history may be introduced. 84.31 (c) Violation of the terms of the order is grounds for 84.32 mistrial but does not prevent the retrial of the accused. 84.33 Sec. 20. Minnesota Statutes 1996, section 609.348, is 84.34 amended to read: 84.35 609.348 [MEDICAL PURPOSES; EXCLUSION.] 84.36 Sections 609.109 and 609.342 to609.346609.3451 do not 85.1 apply to sexual penetration or sexual contact when done for a 85.2 bona fide medical purpose. 85.3 Sec. 21. Minnesota Statutes 1996, section 631.045, is 85.4 amended to read: 85.5 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 85.6 At the trial of a complaint or indictment for a violation 85.7 of sections 609.109, 609.341 to609.346609.3451, or 617.246, 85.8 subdivision 2, when a minor under 18 years of age is the person 85.9 upon, with, or against whom the crime is alleged to have been 85.10 committed, the judge may exclude the public from the courtroom 85.11 during the victim's testimony or during all or part of the 85.12 remainder of the trial upon a showing that closure is necessary 85.13 to protect a witness or ensure fairness in the trial. The judge 85.14 shall give the prosecutor, defendant and members of the public 85.15 the opportunity to object to the closure before a closure order. 85.16 The judge shall specify the reasons for closure in an order 85.17 closing all or part of the trial. Upon closure the judge shall 85.18 only admit persons who have a direct interest in the case. 85.19 Sec. 22. [DIRECTIVES TO SENTENCING GUIDELINES COMMISSION.] 85.20 (a) The sentencing guidelines commission is directed to 85.21 amend section II.F of the Minnesota Sentencing Guidelines to 85.22 make it consistent with Minnesota Statutes, section 609.15. 85.23 (b) The sentencing guidelines commission shall modify 85.24 sentencing guideline section II.F to permit courts to impose 85.25 consecutive sentences in any case in which: 85.26 (1) the defendant is sentenced for multiple current felony 85.27 offenses and the court stays imposition or execution of sentence 85.28 for all but one of the offenses; or 85.29 (2) the defendant, at the time of sentencing, is subject to 85.30 a prior felony sentence, the imposition or execution of which 85.31 was stayed. 85.32 A consecutive sentence imposed under this section is not a 85.33 departure from the sentencing guidelines. 85.34 Sec. 23. [REVISOR'S INSTRUCTION.] 85.35 In each section of Minnesota Statutes referred to in column 85.36 A, the revisor of statutes shall delete the reference in column 86.1 B and insert the reference in column C. 86.2 Column A Column B Column C 86.3 171.3215, subd. 4 609.152 609.1095 86.4 241.67, subd. 3 609.1352 609.108 86.5 243.166, subd. 1 609.1352 609.108 86.6 244.04, subd. 1 609.1352 609.108 86.7 244.04, subd. 1 609.346 609.109 86.8 244.05, subd. 1 609.1352 609.108 86.9 244.05, subd. 3 609.1352 609.108 86.10 244.05, subd. 4 609.184 609.106 86.11 244.05, subd. 4 609.346 609.109 86.12 244.05, subd. 5 609.346 609.109 86.13 244.05, subd. 6 609.1352 609.108 86.14 244.05, subd. 7 609.1352 609.108 86.15 244.08, subd. 1 609.346 609.109 86.16 244.08, subd. 2 609.346 609.109 86.17 609.1351 609.1352 609.108 86.18 609.196 609.184 609.106 86.19 609.342, subd. 2 609.346 609.109 86.20 609.342, subd. 3 609.346 609.109 86.21 609.343, subd. 2 609.346 609.109 86.22 609.345, subd. 3 609.346 609.109 86.23 609.3461, subd. 1 609.1352 609.108 86.24 609.3461, subd. 2 609.1352 609.108 86.25 609.713, subd. 1 609.152 609.1095 86.26 611A.19, subd. 1 609.152 609.1095 86.27 Sec. 24. [REPEALER.] 86.28 Minnesota Statutes 1996, sections 609.1352; 609.152; 86.29 609.184; 609.196; and 609.346, are repealed. 86.30 Sec. 25. [EFFECTIVE DATE.] 86.31 Sections 1 to 24 are effective August 1, 1998, and apply to 86.32 crimes committed on or after that date. The court shall 86.33 consider convictions occurring before August 1, 1998, as prior 86.34 convictions in sentencing offenders under section 10. 86.35 ARTICLE 7 86.36 PRETRIAL AND CONDITIONAL RELEASE PROVISIONS 87.1 Section 1. Minnesota Statutes 1996, section 243.05, 87.2 subdivision 1, is amended to read: 87.3 Subdivision 1. [CONDITIONAL RELEASE.] (a) The commissioner 87.4 of corrections may parole any person sentenced to confinement in 87.5 any state correctional facility for adults under the control of 87.6 the commissioner of corrections, provided that: 87.7(a)(1) no inmate serving a life sentence for committing 87.8 murder before May 1, 1980, other than murder committed in 87.9 violation of clause (1) of section 609.185 who has not been 87.10 previously convicted of a felony shall be paroled without having 87.11 served 20 years, less the diminution that would have been 87.12 allowed for good conduct had the sentence been for 20 years; 87.13(b)(2) no inmate serving a life sentence for committing 87.14 murder before May 1, 1980, who has been previously convicted of 87.15 a felony or though not previously convicted of a felony is 87.16 serving a life sentence for murder in the first degree committed 87.17 in violation of clause (1) of section 609.185 shall be paroled 87.18 without having served 25 years, less the diminution which would 87.19 have been allowed for good conduct had the sentence been for 25 87.20 years; 87.21(c)(3) any inmate sentenced prior to September 1, 1963, 87.22 who would be eligible for parole had the inmate been sentenced 87.23 after September 1, 1963, shall be eligible for parole; and 87.24(d)(4) any new rule or policy or change of rule or policy 87.25 adopted by the commissioner of corrections which has the effect 87.26 of postponing eligibility for parole has prospective effect only 87.27 and applies only with respect to persons committing offenses 87.28 after the effective date of the new rule or policy or change. 87.29 (b) Upon being paroled and released, an inmate is and 87.30 remains in the legal custody and under the control of the 87.31 commissioner, subject at any time to be returned to a facility 87.32 of the department of corrections established by law for the 87.33 confinement or treatment of convicted persons and the parole 87.34 rescinded by the commissioner. 87.35 (c) The written order of the commissioner of corrections, 87.36 is sufficient authority for any peace officer, state 88.1 correctional investigator, or state parole and probation agent 88.2 to retake and place in actual custody any person on parole or 88.3 supervised release, but. In addition, when it appears necessary 88.4 in order to prevent escape or enforce discipline, any state 88.5 parole and probation agent or state correctional investigator 88.6 may, without order of warrant,when it appears necessary in88.7order to prevent escape or enforce discipline,take and detain a 88.8 parolee or person on supervised release or work release and 88.9 bring the person to the commissioner for action. 88.10 (d) The written order of the commissioner of corrections is 88.11 sufficient authority for any peace officer, state correctional 88.12 investigator, or state parole and probation agent to retake and 88.13 place in actual custody any person on probation under the 88.14 supervision of the commissioner pursuant to section 609.135,88.15but. Additionally, when it appears necessary in order to 88.16 prevent escape or enforce discipline, any state parole and 88.17 probation agent or state correctional investigator may, without 88.18 an order,when it appears necessary in order to prevent escape88.19or enforce discipline,retake and detain a probationer and bring 88.20 the probationer before the court for further proceedings under 88.21 section 609.14. 88.22 (e) The written order of the commissioner of corrections is 88.23 sufficient authority for any peace officer, state correctional 88.24 investigator, or state parole and probation agent to detain any 88.25 person on pretrial release who absconds from pretrial release or 88.26 fails to abide by the conditions of pretrial release. 88.27 (f) Persons conditionally released, and those on probation 88.28 under the supervision of the commissioner of corrections 88.29 pursuant to section 609.135 may be placed within or outside the 88.30 boundaries of the state at the discretion of the commissioner of 88.31 corrections or the court, and the limits fixed for these persons 88.32 may be enlarged or reduced according to their conduct. 88.33 (g) Except as otherwise provided in subdivision 1b, in 88.34 considering applications for conditional release or discharge, 88.35 the commissioner is not required to hear oral argument from any 88.36 attorney or other person not connected with an adult 89.1 correctional facility of the department of corrections in favor 89.2 of or against the parole or release of any inmates, but. The 89.3 commissioner may institute inquiries by correspondence, taking 89.4 testimony, or otherwise, as to the previous history, physical or 89.5 mental condition, and character of the inmate,and, to that end 89.6shall have, has the authority to require the attendance of the 89.7 chief executive officer of any state adult correctional facility 89.8 and the production of the records of these facilities, and to 89.9 compel the attendance of witnesses. The commissioner is 89.10 authorized to administer oaths to witnesses for these purposes. 89.11 (h) Unless the district court directs otherwise, state 89.12 parole and probation agents may require a person who is under 89.13 the supervision of the commissioner of corrections to perform 89.14 community work service for violating a condition of probation 89.15 imposed by the court. Community work service may be imposed for 89.16 the purpose of protecting the public, to aid the offender's 89.17 rehabilitation, or both. Agents may impose up to eight hours of 89.18 community work service for each violation and up to a total of 89.19 24 hours per offender per 12-month period, beginning with the 89.20 date on which community work service is first imposed. The 89.21 commissioner may authorize an additional 40 hours of community 89.22 work services, for a total of 64 hours per offender per 12-month 89.23 period, beginning with the date on which community work service 89.24 is first imposed. At the time community work service is 89.25 imposed, parole and probation agents are required to provide 89.26 written notice to the offender that states: 89.27 (1) the condition of probation that has been violated; 89.28 (2) the number of hours of community work service imposed 89.29 for the violation; and 89.30 (3) the total number of hours of community work service 89.31 imposed to date in the 12-month period. 89.32 An offender may challenge the imposition of community work 89.33 service by filing a petition in district court. An offender 89.34 must file the petition within five days of receiving written 89.35 notice that community work service is being imposed. If the 89.36 offender challenges the imposition of community work service, 90.1 the offender bears the burden of showing that the imposition of 90.2 community work service is unreasonable under the circumstances. 90.3 Community work service includes sentencing to service. 90.4 Sec. 2. Minnesota Statutes 1997 Supplement, section 90.5 244.19, is amended by adding a subdivision to read: 90.6 Subd. 3a. [INTERMEDIATE SANCTIONS.] Unless the district 90.7 court directs otherwise, county probation officers may require a 90.8 person committed to the officer's care by the court to perform 90.9 community work service for violating a condition of probation 90.10 imposed by the court. Community work service may be imposed for 90.11 the purpose of protecting the public, to aid the offender's 90.12 rehabilitation, or both. County probation officers may impose 90.13 up to eight hours of community work service for each violation 90.14 and up to a total of 24 hours per offender per 12-month period, 90.15 beginning with the date on which community work service is first 90.16 imposed. The court services director may authorize an 90.17 additional 40 hours of community work services, for a total of 90.18 64 hours per offender per 12-month period, beginning on the date 90.19 on which community work service is first imposed. At the time 90.20 community work service is imposed, county probation agents are 90.21 required to provide written notice to the offender that states: 90.22 (1) the condition of probation that has been violated; 90.23 (2) the number of hours of community work service imposed 90.24 for the violation; and 90.25 (3) the total number of hours of community work service 90.26 imposed to date in the 12-month period. 90.27 An offender may challenge the imposition of community work 90.28 service by filing a petition in district court. An offender 90.29 must file the petition within five days of receiving written 90.30 notice that community work service is being imposed. If the 90.31 offender challenges the imposition of community work service, 90.32 the offender bears the burden of showing that the imposition of 90.33 community work service is unreasonable under the circumstances. 90.34 Community work service includes sentencing to service. 90.35 Sec. 3. [244.195] [DETENTION AND RELEASE; PROBATIONERS, 90.36 CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 91.1 Subdivision 1. [DEFINITIONS.] (a) As used in this 91.2 subdivision, the following terms have the meanings given them. 91.3 (b) "Commissioner" means the commissioner of corrections. 91.4 (c) "Conditional release" means parole, supervised release, 91.5 conditional release as authorized by section 609.1352, 91.6 subdivision 5, work release as authorized by sections 241.26, 91.7 244.065, and 631.425, probation, furlough, and any other 91.8 authorized temporary release from a correctional facility. 91.9 (d) "Court services director" means the director or 91.10 designee of a county probation agency that is not organized 91.11 under chapter 401. 91.12 (e) "Detain" means to take into actual custody, including 91.13 custody within a local correctional facility. 91.14 (f) "Local correctional facility" has the meaning given in 91.15 section 241.021, subdivision 1. 91.16 (g) "Release" means to release from actual custody. 91.17 Subd. 2. [DETENTION PENDING HEARING.] When it appears 91.18 necessary to enforce discipline or to prevent a person on 91.19 conditional release from escaping or absconding from 91.20 supervision, a court services director has the authority to 91.21 issue a written order directing any peace officer in the county 91.22 or any county probation officer serving the district and 91.23 juvenile courts of the county to detain and bring the person 91.24 before the court or the commissioner, whichever is appropriate, 91.25 for disposition. This written order is sufficient authority for 91.26 the peace officer or probation officer to detain the person for 91.27 not more than 72 hours, excluding Saturdays, Sundays, and 91.28 holidays, pending a hearing before the court or the commissioner. 91.29 Subd. 3. [RELEASE BEFORE HEARING.] A court services 91.30 director has the authority to issue a written order directing a 91.31 county probation officer serving the district and juvenile 91.32 courts of the county to release a person detained under 91.33 subdivision 2 within 72 hours, excluding Saturdays, Sundays, and 91.34 holidays, without an appearance before the court or the 91.35 commissioner. This written order is sufficient authority for 91.36 the county probation officer to release the detained person. 92.1 Subd. 4. [DETENTION OF PRETRIAL RELEASEE.] A court 92.2 services director has the authority to issue a written order 92.3 directing any peace officer in the county or any probation 92.4 officer serving the district and juvenile courts of the county 92.5 to detain any person on court-ordered pretrial release who 92.6 absconds from pretrial release or fails to abide by the 92.7 conditions of pretrial release. A written order issued under 92.8 this subdivision is sufficient authority for the peace officer 92.9 or probation officer to detain the person. 92.10 Subd. 5. [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR 92.11 BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A 92.12 court services director has the authority to issue a written 92.13 order directing any state correctional investigator or any peace 92.14 officer, probation officer, or county probation officer from 92.15 another county to detain a person under sentence or on probation 92.16 who: 92.17 (1) fails to report to serve a sentence at a local 92.18 correctional facility; 92.19 (2) fails to return from furlough or authorized temporary 92.20 release from a local correctional facility; 92.21 (3) escapes from a local correctional facility; or 92.22 (4) absconds from court-ordered home detention. 92.23 (b) A court services director has the authority to issue a 92.24 written order directing any state correctional investigator or 92.25 any peace officer, probation officer, or county probation 92.26 officer from another county to detain any person on 92.27 court-ordered pretrial release who absconds from pretrial 92.28 release or fails to abide by the conditions of pretrial release. 92.29 (c) A written order issued under paragraph (a) or (b) is 92.30 sufficient authority for the state correctional investigator, 92.31 peace officer, probation officer, or county probation officer to 92.32 detain the person. 92.33 Sec. 4. Minnesota Statutes 1996, section 299C.06, is 92.34 amended to read: 92.35 299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 92.36 COOPERATE.] 93.1 It shall be the duty of all sheriffs, chiefs of police, 93.2 city marshals, constables, prison wardens, superintendents of 93.3 insane hospitals, reformatories and correctional schools, 93.4 probation and parole officers, school attendance officers, 93.5 coroners, county attorneys, court clerks, the commissioner of 93.6 public safety, the commissioner of transportation, and the state 93.7 fire marshal to furnish to the division statistics and 93.8 information regarding the number of crimes reported and 93.9 discovered, arrests made, complaints, informations, and 93.10 indictments, filed and the disposition made of same, pleas, 93.11 convictions, acquittals, probations granted or 93.12 denied, conditional release information, receipts, transfers, 93.13 and discharges to and from prisons, reformatories, correctional 93.14 schools, and other institutions, paroles granted and revoked, 93.15 commutation of sentences and pardons granted and rescinded, and 93.16 all other data useful in determining the cause and amount of 93.17 crime in this state and to form a basis for the study of crime, 93.18 police methods, court procedure, and penal problems. Such 93.19 statistics and information shall be furnished upon the request 93.20 of the division and upon such forms as may be prescribed and 93.21 furnished by it. The division shall have the power to inspect 93.22 and prescribe the form and substance of the records kept by 93.23 those officials from which the information is so furnished. 93.24 Sec. 5. Minnesota Statutes 1996, section 299C.09, is 93.25 amended to read: 93.26 299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 93.27 AND INDEXES.] 93.28 The bureau shall install systems for identification of 93.29 criminals, including the fingerprint system, the modus operandi 93.30 system, the conditional release data system, and such others as 93.31 the superintendent deems proper. The bureau shall keep a 93.32 complete record and index of all information received in 93.33 convenient form for consultation and comparison. The bureau 93.34 shall obtain from wherever procurable and file for record finger 93.35 and thumb prints, measurements, photographs, plates, outline 93.36 pictures, descriptions, modus operandi statements, conditional 94.1 release information, or such other information as the 94.2 superintendent considers necessary, of persons who have been or 94.3 shall hereafter be convicted of a felony, gross misdemeanor, or 94.4 an attempt to commit a felony or gross misdemeanor, within the 94.5 state, or who are known to be habitual criminals. To the extent 94.6 that the superintendent may determine it to be necessary, the 94.7 bureau shall obtain like information concerning persons 94.8 convicted of a crime under the laws of another state or 94.9 government, the central repository of this records system is the 94.10 bureau of criminal apprehension in St. Paul. 94.11 Sec. 6. [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 94.12 Subdivision 1. [DEFINITION.] As used in this section, 94.13 "conditional release" means probation, conditional release, and 94.14 supervised release. 94.15 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 94.16 maintain a computerized data system for the purpose of assisting 94.17 criminal justice agencies in monitoring and enforcing the 94.18 conditions of conditional release imposed on criminal offenders 94.19 by a sentencing court or the commissioner of corrections. The 94.20 data in the system are private data as defined in section 13.02, 94.21 subdivision 12, but are accessible to criminal justice agencies 94.22 as defined in section 13.02, subdivision 3a, and to criminal 94.23 justice agencies in other states in the conduct of their 94.24 official duties. 94.25 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 94.26 criminal justice agencies may submit data to and obtain data 94.27 from the conditional release data system. The commissioner of 94.28 corrections may require that any or all information be submitted 94.29 to the conditional release data system. A consent to the 94.30 release of data in the conditional release data system from the 94.31 individual who is the subject of the data is not effective. 94.32 Subd. 4. [PROCEDURES.] The bureau shall adopt procedures 94.33 to provide for the orderly collection, entry, retrieval, and 94.34 deletion of data contained in the conditional release data 94.35 system. 94.36 Sec. 7. Minnesota Statutes 1997 Supplement, section 95.1 401.01, subdivision 2, is amended to read: 95.2 Subd. 2. [DEFINITIONS.] (a) For the purposes of sections 95.3 401.01 to 401.16, the following termsshallhave the meanings 95.4 given them:. 95.5 (b) "CCA county" means a county that participates in the 95.6 Community Corrections Act. 95.7 (c) "Commissioner" means the commissioner of corrections or 95.8 a designee;. 95.9(c)(d) "Conditional release" means parole, supervised 95.10 release, conditional release as authorized by section 609.1352, 95.11 subdivision 5, work release as authorized by sections 95.12 241.26and, 244.065, andincludes631.425, probation;, 95.13 furlough, and any other authorized temporary release from a 95.14 correctional facility. 95.15 (e) "County probation officer" means a probation officer 95.16 appointed under section 244.19. 95.17 (f) "Detain" means to take into actual custody, including 95.18 custody within a local correctional facility. 95.19(d)(g) "Joint board" means the board provided in section 95.20 471.59;. 95.21 (h) "Local correctional facility" has the meaning given in 95.22 section 241.021, subdivision 1. 95.23(e)(i) "Local correctional service" means those services 95.24 authorized by and employees, officers, and agents appointed 95.25 under section 244.19, subdivision 1. 95.26 (j) "Release" means to release from actual custody. 95.27 Sec. 8. Minnesota Statutes 1996, section 401.02, is 95.28 amended by adding a subdivision to read: 95.29 Subd. 5. [INTERMEDIATE SANCTIONS.] Unless the district 95.30 court directs otherwise, county probation officers may require a 95.31 person committed to the officer's care by the court to perform 95.32 community work service for violating a condition of probation 95.33 imposed by the court. Community work service may be imposed for 95.34 the purpose of protecting the public, to aid the offender's 95.35 rehabilitation, or both. Probation officers may impose up to 95.36 eight hours of community work service for each violation and up 96.1 to a total of 24 hours per offender per 12-month period, 96.2 beginning on the date on which community work service is first 96.3 imposed. The chief executive officer of a community corrections 96.4 agency may authorize an additional 40 hours of community work 96.5 service, for a total of 64 hours per offender per 12-month 96.6 period, beginning with the date on which community work service 96.7 is first imposed. At the time community work service is 96.8 imposed, probation officers are required to provide written 96.9 notice to the offender that states: 96.10 (1) the condition of probation that has been violated; 96.11 (2) the number of hours of community work service imposed 96.12 for the violation; and 96.13 (3) the total number of hours of community work service 96.14 imposed to date in the 12-month period. 96.15 An offender may challenge the imposition of community work 96.16 service by filing a petition in district court. An offender 96.17 must file the petition within five days of receiving written 96.18 notice that community work service is being imposed. If the 96.19 offender challenges the imposition of community work service, 96.20 the offender bears the burden of showing that the imposition of 96.21 community work service is unreasonable under the circumstances. 96.22 Community work service includes sentencing to service. 96.23 Sec. 9. [401.025] [DETENTION AND RELEASE; PROBATIONERS, 96.24 CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 96.25 Subdivision 1. [PEACE OFFICERS AND PROBATION OFFICERS 96.26 SERVING CCA COUNTIES.] (a) When it appears necessary to enforce 96.27 discipline or to prevent a person on conditional release from 96.28 escaping or absconding from supervision, the chief executive 96.29 officer or designee of a community corrections agency in a CCA 96.30 county has the authority to issue a written order directing any 96.31 peace officer in the county or any probation officer serving the 96.32 district and juvenile courts of the county to detain and bring 96.33 the person before the court or the commissioner, whichever is 96.34 appropriate, for disposition. This written order is sufficient 96.35 authority for the peace officer or probation officer to detain 96.36 the person for not more than 72 hours, excluding Saturdays, 97.1 Sundays, and holidays, pending a hearing before the court or the 97.2 commissioner. 97.3 (b) The chief executive officer or designee of a community 97.4 corrections agency in a CCA county has the authority to issue a 97.5 written order directing a probation officer serving the district 97.6 and juvenile courts of the county to release a person detained 97.7 under paragraph (a) within 72 hours, excluding Saturdays, 97.8 Sundays, and holidays, without an appearance before the court or 97.9 the commissioner. This written order is sufficient authority 97.10 for the probation officer to release the detained person. 97.11 (c) The chief executive officer or designee of a community 97.12 corrections agency in a CCA county has the authority to issue a 97.13 written order directing any peace officer in the county or any 97.14 probation officer serving the district and juvenile courts of 97.15 the county to detain any person on court-ordered pretrial 97.16 release who absconds from pretrial release or fails to abide by 97.17 the conditions of pretrial release. A written order issued 97.18 under this paragraph is sufficient authority for the peace 97.19 officer or probation officer to detain the person. 97.20 Subd. 2. [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER 97.21 COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief 97.22 executive officer or designee of a community corrections agency 97.23 in a CCA county has the authority to issue a written order 97.24 directing any state correctional investigator or any peace 97.25 officer, probation officer, or county probation officer from 97.26 another county to detain a person under sentence or on probation 97.27 who: 97.28 (1) fails to report to serve a sentence at a local 97.29 correctional facility; 97.30 (2) fails to return from furlough or authorized temporary 97.31 release from a local correctional facility; 97.32 (3) escapes from a local correctional facility; or 97.33 (4) absconds from court-ordered home detention. 97.34 (b) The chief executive officer or designee of a community 97.35 corrections agency in a CCA county has the authority to issue a 97.36 written order directing any state correctional investigator or 98.1 any peace officer, probation officer, or county probation 98.2 officer from another county to detain any person on 98.3 court-ordered pretrial release who absconds from pretrial 98.4 release or fails to abide by the conditions of pretrial release. 98.5 (c) A written order issued under paragraph (a) or (b) is 98.6 sufficient authority for the state correctional investigator, 98.7 peace officer, probation officer, or county probation officer to 98.8 detain the person. 98.9 Subd. 3. [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS 98.10 COMMITMENT.] CCA counties shall comply with the policies 98.11 prescribed by the commissioner when providing supervision and 98.12 other correctional services to persons conditionally released 98.13 pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 98.14 244.065, including intercounty transfer of persons on 98.15 conditional release and the conduct of presentence 98.16 investigations. 98.17 Sec. 10. [609.134] [CONDITIONAL RELEASE VERIFICATION 98.18 CARD.] 98.19 Subdivision 1. [TERMS.] (a) For purposes of this section, 98.20 the following terms have the meanings given. 98.21 (b) "Conditional release" has the meaning given in section 98.22 401.01, subdivision 2. 98.23 (c) "Conditional release verification card" or "card" means 98.24 a card issued to a person on conditional release by a probation 98.25 officer that states the terms and conditions of an individual's 98.26 conditional release. 98.27 (d) "Peace officer" has the meaning given in section 98.28 626.84, subdivision 1. 98.29 (e) "Probation officer" means a county probation officer 98.30 with powers and duties under section 244.19; a state parole and 98.31 probation agent with powers and duties under section 243.05; and 98.32 a probation officer with powers and duties under section 401.02. 98.33 Subd. 2. [ISSUANCE OF CONDITIONAL RELEASE VERIFICATION 98.34 CARD.] On or before August 31, 1998, every probation officer 98.35 must issue a conditional release verification card to each 98.36 person convicted of a felony who is under the probation 99.1 officer's supervision and who is on conditional release. 99.2 After August 31, 1998, every probation officer must issue a 99.3 conditional release verification card to each person convicted 99.4 of a felony who is under the probation officer's supervision and 99.5 who is on conditional release. If the person is on supervised 99.6 release, the commissioner of corrections shall issue the 99.7 conditional release verification card prior to the person's 99.8 release from the correctional institution. This card must be 99.9 issued to a person on conditional release at the time the 99.10 probation officer first meets with the person on conditional 99.11 release or within seven days of receiving the person for 99.12 supervision, provided a card has not already been issued to the 99.13 person, whichever comes first. 99.14 If the conditional release verification card is mailed to a 99.15 person on conditional release, the card must be mailed by 99.16 certified mail. 99.17 Subd. 3. [REQUIREMENT FOR PERSON ON CONDITIONAL RELEASE; 99.18 PENALTY.] (a) A person on conditional release must produce a 99.19 conditional release verification card on demand of a peace 99.20 officer, a probation officer, or a district court judge. 99.21 Except as provided in paragraph (b), if a person on 99.22 conditional release does not produce the card upon demand of a 99.23 peace officer, a probation officer, or a district court judge, 99.24 the person on conditional release is guilty of a gross 99.25 misdemeanor. 99.26 (b) A person does not violate this section if the person 99.27 fails to produce the card during the hours the person is at work 99.28 at the person's place of employment, if the person produces the 99.29 card within 72 hours of the time the demand is made. 99.30 Subd. 4. [EXEMPTION.] A person on conditional release is 99.31 exempt from this requirement until the person receives a 99.32 conditional release verification card. 99.33 Sec. 11. Minnesota Statutes 1997 Supplement, section 99.34 609.135, subdivision 1, is amended to read: 99.35 Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a 99.36 sentence of life imprisonment is required by law, or when a 100.1 mandatory minimum sentence is required by section 609.11, any 100.2 court may stay imposition or execution of sentence and: 100.3 (1) may order intermediate sanctions without placing the 100.4 defendant on probation; or 100.5 (2) may place the defendant on probation with or without 100.6 supervision and on the terms the court prescribes, including 100.7 intermediate sanctions when practicable. The court may order 100.8 the supervision to be under the probation officer of the court, 100.9 or, if there is none and the conviction is for a felony or gross 100.10 misdemeanor, by the commissioner of corrections, or in any case 100.11 by some other suitable and consenting person. Unless the court 100.12 directs otherwise, state parole and probation agents and 100.13 probation officers may impose community work service for an 100.14 offender's probation violation, consistent with section 243.05, 100.15 subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 100.16 No intermediate sanction may be ordered performed at a 100.17 location that fails to observe applicable requirements or 100.18 standards of chapter 181A or 182, or any rule promulgated under 100.19 them. 100.20 (b) For purposes of this subdivision, subdivision 6, and 100.21 section 609.14, the term "intermediate sanctions" includes but 100.22 is not limited to incarceration in a local jail or workhouse, 100.23 home detention, electronic monitoring, intensive probation, 100.24 sentencing to service, reporting to a day reporting center, 100.25 chemical dependency or mental health treatment or counseling, 100.26 restitution, fines, day-fines, community work service, work 100.27 service in a restorative justice program, work in lieu of or to 100.28 work off fines and, with the victim's consent, work in lieu of 100.29 or to work off restitution. 100.30 (c) A court may not stay the revocation of the driver's 100.31 license of a person convicted of violating the provisions of 100.32 section 169.121. 100.33 Sec. 12. Minnesota Statutes 1996, section 629.34, 100.34 subdivision 1, is amended to read: 100.35 Subdivision 1. [PEACE OFFICERSAND CONSTABLES.] (a) A 100.36 peace officer, as defined in section 626.84, subdivision 1, 101.1 clause (c),or a constable, as defined in section 367.40,101.2subdivision 3,who is on or off duty within the jurisdiction of 101.3 the appointing authority, or on duty outside the jurisdiction of 101.4 the appointing authority pursuant to section 629.40, may arrest 101.5 a person without a warrant as provided under paragraph (c). 101.6 (b) A part-time peace officer, as defined in section 101.7 626.84, subdivision 1, clause (f), who is on duty within the 101.8 jurisdiction of the appointing authority, or on duty outside the 101.9 jurisdiction of the appointing authority pursuant to section 101.10 629.40 may arrest a person without a warrant as provided under 101.11 paragraph (c). 101.12 (c) A peace officer, constable,or part-time peace officer 101.13 who is authorized under paragraph (a) or (b) to make an arrest 101.14 without a warrant may do so under the following circumstances: 101.15 (1) when a public offense has been committed or attempted 101.16 in the officer'sor constable'spresence; 101.17 (2) when the person arrested has committed a felony, 101.18 although not in the officer'sor constable'spresence; 101.19 (3) when a felony has in fact been committed, and the 101.20 officeror constablehas reasonable cause for believing the 101.21 person arrested to have committed it; 101.22 (4) upon a charge based upon reasonable cause of the 101.23 commission of a felony by the person arrested; 101.24 (5) under the circumstances described in clause (2), (3), 101.25 or (4), when the offense is a gross misdemeanor violation of 101.26 section 609.52, 609.595, 609.631, 609.749, or 609.821; or 101.27 (6) under circumstances described in clause (2), (3), or 101.28 (4), when the offense is a nonfelony violation of a restraining 101.29 order or no contact order previously issued by a court. 101.30 (d) To make an arrest authorized under this subdivision, 101.31 the officeror constablemay break open an outer or inner door 101.32 or window of a dwelling house if, after notice of office and 101.33 purpose, the officeror constableis refused admittance. 101.34 Sec. 13. [629.355] [PEACE OFFICER AUTHORITY TO DETAIN 101.35 PERSON ON CONDITIONAL RELEASE.] 101.36 (a) A peace officer may detain a person on conditional 102.1 release upon probable cause that the person has violated a 102.2 condition of release. "Conditional release" has the meaning 102.3 given in section 401.01, subdivision 2. 102.4 (b) Except as provided in paragraph (c), no person may be 102.5 detained longer than the period provided in rule 27.04 of the 102.6 Rules of Criminal Procedure. The detaining peace officer shall 102.7 provide a detention report to the agency supervising the person 102.8 as soon as possible. The detention by the peace officer may not 102.9 exceed eight hours without the approval of the supervising 102.10 agency. The supervising agency may release the person without 102.11 commencing revocation proceedings or commence revocation 102.12 proceedings under rule 27.04 of the Rules of Criminal Procedure. 102.13 (c) A person detained under paragraph (a) who is on 102.14 supervised release or parole may not be detained longer than 72 102.15 hours. The detaining peace officer shall provide a detention 102.16 report to the commissioner of corrections as soon as possible. 102.17 The detention by the peace officer may not exceed eight hours 102.18 without the approval of the commissioner or a designee. The 102.19 commissioner may release the person without commencing 102.20 revocation proceedings or request a hearing before the hearings 102.21 and release division. 102.22 Sec. 14. Minnesota Statutes 1996, section 629.53, is 102.23 amended to read: 102.24 629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.] 102.25 Subdivision 1. [PROVIDING RELEASE ON BAIL.] Prior to 102.26 conviction, a person charged with a criminal offense may be 102.27 released with or without bail in accordance with rule 6.02 of 102.28 the rules of criminal procedure. Money bail is the property of 102.29 the accused, whether deposited by that person or by a third 102.30 person on the accused's behalf. When money bail is accepted by 102.31 a judge, that judge shall order it to be deposited with the 102.32 court administrator. The court administrator shall retain it 102.33 until the final disposition of the case and the final order of 102.34 the court disposing of the case. Upon release, the amount 102.35 released must be paid to the accused personally or upon that 102.36 person's written order. In case of conviction, the judge may 103.1 order the money bail deposit to be applied to any fine or 103.2 restitution imposed on the defendant by the court and, if the 103.3 fine or restitution is less than the deposit, order the balance 103.4 to be paid to the defendant. Money bail deposited with the 103.5 court or any officer of it is exempt from garnishment or levy 103.6 under attachment or execution. 103.7 Subd. 2. [RELEASE FOLLOWING CONVICTION OR GUILTY PLEA.] (a) 103.8 The court must detain and may not release a person who is 103.9 awaiting sentencing after a conviction for an offense when the 103.10 court has information that the sentencing guidelines presume 103.11 that the defendant will be committed to the commissioner of 103.12 corrections under an executed sentence for the offense. 103.13 (b) Except as provided in paragraph (c), the court also 103.14 must detain and may not release a person who has waived any 103.15 right to cash bail while awaiting sentencing as described in 103.16 section 630.315 or 631.031. 103.17 (c) The court may release a person on bail if the 103.18 prosecution and defense have entered into an agreement 103.19 recommending a dispositional departure and no additional 103.20 incarceration in a local facility. 103.21 Sec. 15. Minnesota Statutes 1996, section 629.715, 103.22 subdivision 1, is amended to read: 103.23 Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a 103.24 person is arrested for a crimeagainst the person, the judge 103.25 before whom the arrested person is taken shall review the facts 103.26 surrounding the arrest and detention.If the person was103.27arrested or detained for committing a crime of violence, as103.28defined in section 629.725,The prosecutor or other appropriate 103.29 person shall present relevant information involving the victim 103.30 or the victim's family's account of the alleged crime to the 103.31 judge to be considered in determining the arrested person's 103.32 release. The arrested person must be ordered released pending 103.33 trial or hearing on the person's personal recognizance or on an 103.34 order to appear or upon the execution of an unsecured bond in a 103.35 specified amount unless the judge determines that release (1) 103.36 will be inimical to public safety, (2) will create a threat of 104.1 bodily harm to the arrested person, the victim of the alleged 104.2 crime, or another, or (3) will not reasonably assure the 104.3 appearance of the arrested person at subsequent proceedings. 104.4 (b) If the judge determines release under paragraph (a) is 104.5 not advisable, the judgemayshall set bail and impose any 104.6 conditions of release that will protect the safety of the 104.7 victim, public safety, and reasonably assurethe appearance of104.8the person forreappearance at subsequent proceedings, or will104.9protect the victim of the alleged crime, or may fix the amount104.10of money bail without other conditions upon which the arrested104.11person may obtain release. The court may also set bail without 104.12 any other conditions in an amount that will protect the safety 104.13 of the victim and the public. In making a public safety 104.14 determination under this subdivision, the court shall consider, 104.15 among other matters, the safety of persons and property and 104.16 whether the arrested person has a prior record of having 104.17 committed crimes against persons or property. 104.18 Sec. 16. [630.315] [GUILTY PLEA; WAIVER OF BAIL.] 104.19 (a) A defendant must, as a condition of entering the 104.20 factual basis for a guilty plea, waive any right to cash bail 104.21 pending sentencing when the court has information that the 104.22 sentencing guidelines presume that the defendant will be 104.23 committed to the commissioner of corrections under an executed 104.24 sentence for the offense. This waiver must occur at the time a 104.25 defendant tenders the factual basis for a guilty plea. 104.26 (b) Before the defendant waives any right to cash bail, the 104.27 court must determine that: 104.28 (1) the defendant understands the consequences of the 104.29 waiver; and 104.30 (2) the waiver is made knowingly, voluntarily, and 104.31 willingly. 104.32 If the court determines that the factors in clauses (1) and 104.33 (2) are satisfied, the court must accept the defendant's waiver, 104.34 regardless of whether the court postpones acceptance or 104.35 rejection of the guilty plea until it has received the results 104.36 of the presentence investigation. 105.1 If the court determines that any one or more of the factors 105.2 in clauses (1) and (2) are not satisfied, the court may not 105.3 accept either the waiver or the factual basis for the guilty 105.4 plea. 105.5 Sec. 17. [631.031] [GUILTY PLEA; WAIVER OF BAIL.] 105.6 (a) A defendant must, as a condition of entering the 105.7 factual basis for a guilty plea, waive any right to cash bail 105.8 pending sentencing when the court has information that the 105.9 sentencing guidelines presume that the defendant will be 105.10 committed to the commissioner of corrections under an executed 105.11 sentence for the offense. This waiver must occur at the time a 105.12 defendant tenders the factual basis for a guilty plea. 105.13 (b) Before the defendant waives any right to cash bail, the 105.14 court must determine that: 105.15 (1) the defendant understands the consequences of the 105.16 waiver; and 105.17 (2) the waiver is made knowingly, voluntarily, and 105.18 willingly. 105.19 If the court determines that the factors in clauses (1) and 105.20 (2) are satisfied, the court must accept the defendant's waiver, 105.21 regardless of whether the court postpones acceptance or 105.22 rejection of the guilty plea until it has received the results 105.23 of the presentence investigation. 105.24 If the court determines that any one or more of the factors 105.25 in clauses (1) and (2) are not satisfied, the court may not 105.26 accept either the waiver or the factual basis for the guilty 105.27 plea. 105.28 Sec. 18. [RELEASEE PLAN.] 105.29 By August 1, 1998, the department of corrections, each 105.30 county probation agency, and each community corrections act 105.31 agency, in consultation with local law enforcement agencies, 105.32 shall develop a plan to provide local law enforcement agencies 105.33 with relevant information concerning the releasees, terms of 105.34 release, the releasees' offense history, and other factors that 105.35 present a risk of violation of the terms and conditions of 105.36 release. This plan shall include strategies to identify those 106.1 offenders most likely to violate the terms of release on an 106.2 ongoing basis and methods to ensure compliance with the terms of 106.3 release by those releasees. 106.4 Sec. 19. [REQUEST; SUPREME COURT.] 106.5 The supreme court is requested to include in the Minnesota 106.6 Rules of Criminal Procedure, rule 15 and its appendices, a 106.7 provision that states that the defendant agrees that, by 106.8 pleading guilty to an offense when the court has information 106.9 that the sentencing guidelines presume that the defendant will 106.10 be committed to the commissioner of corrections under an 106.11 executed sentence for the offense, the defendant is waiving any 106.12 right to cash bail pending sentencing. 106.13 Sec. 20. [RULE SUPERSEDED.] 106.14 Rule 27.01 of the Minnesota Rules of Criminal Procedure is 106.15 superseded to the extent it conflicts with section 14. 106.16 Sec. 21. [REPEALER.] 106.17 Minnesota Statutes 1996, section 401.02, subdivision 4; and 106.18 Minnesota Statutes 1997 Supplement, section 244.19, subdivision 106.19 4, are repealed. 106.20 Sec. 22. [EFFECTIVE DATE.] 106.21 Sections 1 to 3 and 7 to 21 are effective August 1, 1998, 106.22 and apply to crimes committed on or after that date. 106.23 ARTICLE 8 106.24 COURTS AND PUBLIC DEFENDERS 106.25 Section 1. Minnesota Statutes 1997 Supplement, section 106.26 97A.065, subdivision 2, is amended to read: 106.27 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 106.28 forfeited bail collected from prosecutions of violations of: 106.29 the game and fish laws; sections 84.091 to 84.15; sections 84.81 106.30 to84.8884.91; section 169.121, when the violation involved an 106.31 off-road recreational vehicle as defined in section 169.01, 106.32 subdivision 86; chapter 348; and any other law relating to wild 106.33 animals or aquatic vegetation, must be paid to the treasurer of 106.34 the county where the violation is prosecuted. The county 106.35 treasurer shall submit one-half of the receipts to the 106.36 commissioner and credit the balance to the county general 107.1 revenue fund except as provided in paragraphs (b), (c), and (d). 107.2 (b) The commissioner must reimburse a county, from the game 107.3 and fish fund, for the cost of keeping prisoners prosecuted for 107.4 violations under this section if the county board, by 107.5 resolution, directs: (1) the county treasurer to submit all 107.6 fines and forfeited bail to the commissioner; and (2) the county 107.7 auditor to certify and submit monthly itemized statements to the 107.8 commissioner. 107.9 (c)The county treasurer shall indicate the amount of the107.10receipts that are assessments or surcharges imposed under107.11section 609.101 and shall submit all of those receipts to the107.12commissioner. The receipts must be credited to the game and107.13fish fund to provide peace officer training for persons employed107.14by the commissioner who are licensed under section 626.84,107.15subdivision 1, clause (c), and who possess peace officer107.16authority for the purpose of enforcing game and fish laws.107.17(d)The county treasurer shall submit one-half of the 107.18 receipts collected under paragraph (a) from prosecutions of 107.19 violations of sections 84.81 to 84.91, and 169.121,including107.20 except receipts that areassessments orsurcharges imposed under 107.21 section609.101357.021, subdivision 6, to thecommissioner107.22 state treasurer and credit the balance to the county general 107.23 fund. Thecommissionerstate treasurer shall credit these 107.24 receipts to the snowmobile trails and enforcement account in the 107.25 natural resources fund. 107.26 (d) The county treasurer shall indicate the amount of the 107.27 receipts that are surcharges imposed under section 357.021, 107.28 subdivision 6, and shall submit all of those receipts to the 107.29 state treasurer. 107.30 Sec. 2. Minnesota Statutes 1996, section 169.121, 107.31 subdivision 5a, is amended to read: 107.32 Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 107.33 SURCHARGE.] When a court sentences a person convicted of an 107.34 offense enumerated in section 169.126, subdivision 1, it shall 107.35 impose a chemical dependency assessment charge of $125. A 107.36 person shall pay an additional surcharge of $5 if the person is 108.1 convicted of (i) a violation of section 169.129, or (ii) a 108.2 violation of this section within five years of a prior impaired 108.3 driving conviction, as defined in subdivision 3, or a prior 108.4 conviction for an offense arising out of an arrest for a 108.5 violation of section 169.121 or 169.129. This section applies 108.6 when the sentence is executed, stayed, or suspended. The court 108.7 may not waive payment or authorize payment of the assessment 108.8 charge and surcharge in installments unless it makes written 108.9 findings on the record that the convicted person is indigent or 108.10 that the assessment charge and surcharge would create undue 108.11 hardship for the convicted person or that person's immediate 108.12 family. 108.13 The county shall collect and forward to the commissioner of 108.14 finance $25 of the chemical dependency assessment charge and the 108.15 $5 surcharge, if any, within 60 days after sentencing or explain 108.16 to the commissioner in writing why the money was not forwarded 108.17 within this time period. The commissioner shall credit the 108.18 money to the general fund. The county shall collect and keep 108.19 $100 of the chemical dependency assessment charge. 108.20 The chemical dependency assessment charge and surcharge 108.21 required under this section are in addition to the surcharge 108.22 required by section609.101357.021, subdivision 6. 108.23 Sec. 3. Minnesota Statutes 1997 Supplement, section 108.24 169.14, subdivision 5d, is amended to read: 108.25 Subd. 5d. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 108.26 commissioner, on trunk highways and temporary trunk highways, 108.27 and local authorities, on streets and highways under their 108.28 jurisdiction, may authorize the use of reduced maximum speed 108.29 limits in highway work zones. The commissioner or local 108.30 authority is not required to conduct an engineering and traffic 108.31 investigation before authorizing a reduced speed limit in a 108.32 highway work zone. 108.33 (b) The minimum highway work zone speed limit is 20 miles 108.34 per hour. The work zone speed limit must not reduce the 108.35 established speed limit on the affected street or highway by 108.36 more than 15 miles per hour, except that the highway work zone 109.1 speed limit shall not exceed 40 miles per hour. Highway work 109.2 zone speed limits are effective on erection of appropriate 109.3 regulatory speed limit signs. The signs must be removed or 109.4 covered when they are not required. A speed greater than the 109.5 posted highway work zone speed limit is unlawful. 109.6 (c) For purposes of this subdivision, "highway work zone" 109.7 means a segment of highway or street where a road authority or 109.8 its agent is constructing, reconstructing, or maintaining the 109.9 physical structure of the roadway, its shoulders, or features 109.10 adjacent to the roadway, including underground and overhead 109.11 utilities and highway appurtenances. 109.12(d) Notwithstanding section 609.0331 or 609.101 or other109.13law to the contrary, a person who violates a speed limit109.14established under paragraph (b), or who violates any other109.15provision of this section while in a highway work zone, is109.16assessed an additional surcharge equal to the amount of the fine109.17imposed for the speed violation, but not less than $25.109.18 Sec. 4. Minnesota Statutes 1996, section 171.16, 109.19 subdivision 3, is amended to read: 109.20 Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] When any 109.21 court reports to the commissioner that a person: (1) has been 109.22 convicted of violating a law of this state or an ordinance of a 109.23 political subdivision which regulates the operation or parking 109.24 of motor vehicles, (2) has been sentenced to the payment of a 109.25 fine or had apenalty assessmentsurcharge levied against that 109.26 person, or sentenced to a fine upon which apenalty assessment109.27 surcharge was levied, and (3) has refused or failed to comply 109.28 with that sentence or to pay thepenalty assessmentsurcharge, 109.29 notwithstanding the fact that the court has determined that the 109.30 person has the ability to pay the fine orpenalty assessment109.31 surcharge, the commissioner shall suspend the driver's license 109.32 of such person for 30 days for a refusal or failure to pay or 109.33 until notified by the court that the fine orpenalty assessment109.34 surcharge, or both if a fine andpenalty assessmentsurcharge 109.35 were not paid, has been paid. 109.36 Sec. 5. Minnesota Statutes 1997 Supplement, section 110.1 357.021, subdivision 2, is amended to read: 110.2 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 110.3 collected by the court administrator shall be as follows: 110.4 (1) In every civil action or proceeding in said court, 110.5 including any case arising under the tax laws of the state that 110.6 could be transferred or appealed to the tax court, the 110.7 plaintiff, petitioner, or other moving party shall pay, when the 110.8 first paper is filed for that party in said action, a fee of 110.9 $122. 110.10 The defendant or other adverse or intervening party, or any 110.11 one or more of several defendants or other adverse or 110.12 intervening parties appearing separately from the others, shall 110.13 pay, when the first paper is filed for that party in said 110.14 action, a fee of $122. 110.15 The party requesting a trial by jury shall pay $75. 110.16 The fees above stated shall be the full trial fee 110.17 chargeable to said parties irrespective of whether trial be to 110.18 the court alone, to the court and jury, or disposed of without 110.19 trial, and shall include the entry of judgment in the action, 110.20 but does not include copies or certified copies of any papers so 110.21 filed or proceedings under chapter 103E, except the provisions 110.22 therein as to appeals. 110.23 (2) Certified copy of any instrument from a civil or 110.24 criminal proceeding, $10, and $5 for an uncertified copy. 110.25 (3) Issuing a subpoena, $3 for each name. 110.26 (4) Issuing an execution and filing the return thereof; 110.27 issuing a writ of attachment, injunction, habeas corpus, 110.28 mandamus, quo warranto, certiorari, or other writs not 110.29 specifically mentioned, $10. 110.30 (5) Issuing a transcript of judgment, or for filing and 110.31 docketing a transcript of judgment from another court, $7.50. 110.32 (6) Filing and entering a satisfaction of judgment, partial 110.33 satisfaction, or assignment of judgment, $5. 110.34 (7) Certificate as to existence or nonexistence of 110.35 judgments docketed, $5 for each name certified to. 110.36 (8) Filing and indexing trade name; or recording basic 111.1 science certificate; or recording certificate of physicians, 111.2 osteopaths, chiropractors, veterinarians, or optometrists, $5. 111.3 (9) For the filing of each partial, final, or annual 111.4 account in all trusteeships, $10. 111.5 (10) For the deposit of a will, $5. 111.6 (11) For recording notary commission, $25, of which, 111.7 notwithstanding subdivision 1a, paragraph (b), $20 must be 111.8 forwarded to the state treasurer to be deposited in the state 111.9 treasury and credited to the general fund. 111.10 (12)When a defendant pleads guilty to or is sentenced for111.11a petty misdemeanor other than a parking violation, the111.12defendant shall pay a fee of $11.111.13(13)Filing a motion or response to a motion for 111.14 modification of child support, a fee fixed by rule or order of 111.15 the supreme court. 111.16(14)(13) All other services required by law for which no 111.17 fee is provided, such fee as compares favorably with those 111.18 herein provided, or such as may be fixed by rule or order of the 111.19 court. 111.20(15)(14) In addition to any other filing fees under this 111.21 chapter, a surcharge in the amount of $75 must be assessed in 111.22 accordance with section 259.52, subdivision 14, for each 111.23 adoption petition filed in district court to fund the putative 111.24 fathers' adoption registry under section 259.52. 111.25 The fees in clauses (3) and (4) need not be paid by a 111.26 public authority or the party the public authority represents. 111.27 Sec. 6. Minnesota Statutes 1996, section 357.021, is 111.28 amended by adding a subdivision to read: 111.29 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC 111.30 OFFENDERS.] (a) The court shall impose and the court 111.31 administrator shall collect a $25 surcharge on every person 111.32 convicted of any felony, gross misdemeanor, misdemeanor, or 111.33 petty misdemeanor offense, other than a violation of a law or 111.34 ordinance relating to vehicle parking. The surcharge shall be 111.35 imposed whether or not the person is sentenced to imprisonment 111.36 or the sentence is stayed. 112.1 (b) If the court fails to impose a surcharge as required by 112.2 this subdivision, the court administrator shall show the 112.3 imposition of the $25 surcharge, collect the surcharge and 112.4 correct the record. 112.5 (c) The court may not waive payment of the surcharge 112.6 required under this subdivision. Upon a showing of indigency or 112.7 undue hardship upon the convicted person or the convicted 112.8 person's immediate family, the sentencing court may authorize 112.9 payment of the surcharge in installments. 112.10 (d) The court administrator or other entity collecting a 112.11 surcharge shall forward it to the state treasurer. 112.12 (e) If the convicted person is sentenced to imprisonment 112.13 and has not paid the surcharge before the term of imprisonment 112.14 begins, the chief executive officer of the correctional facility 112.15 in which the convicted person is incarcerated shall collect the 112.16 surcharge from any earnings the inmate accrues from work 112.17 performed in the facility or while on conditional release. The 112.18 chief executive officer shall forward the amount collected to 112.19 the state treasurer. 112.20 Sec. 7. Minnesota Statutes 1996, section 357.021, is 112.21 amended by adding a subdivision to read: 112.22 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE 112.23 TREASURER.] The state treasurer shall disburse surcharges 112.24 received under subdivision 6 and section 97A.065, subdivision 2, 112.25 as follows: 112.26 (1) one percent of the surcharge shall be credited to the 112.27 game and fish fund to provide peace officer training for 112.28 employees of the department of natural resources who are 112.29 licensed under sections 626.84 to 626.863, and who possess peace 112.30 officer authority for the purpose of enforcing game and fish 112.31 laws; 112.32 (2) 39 percent of the surcharge shall be credited to the 112.33 peace officers training account in the special revenue fund; and 112.34 (3) 60 percent of the surcharge shall be credited to the 112.35 general fund. 112.36 Sec. 8. Minnesota Statutes 1996, section 488A.03, 113.1 subdivision 11, is amended to read: 113.2 Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 113.3 fees payable to the administrator for services are the same in 113.4 amount as the fees then payable to the district court of 113.5 Hennepin county for like services. Library and filing fees are 113.6 not required of the defendant in an unlawful detainer action. 113.7 The fees payable to the administrator for all other services of 113.8 the administrator or the court shall be fixed by rules 113.9 promulgated by a majority of the judges. 113.10 (b) Fees are payable to the administrator in advance. 113.11 (c) Judgments will be entered only upon written application. 113.12 (d) The following fees shall be taxedin all casesfor all 113.13 charges where applicable: (a) The state of Minnesota and any 113.14 governmental subdivision within the jurisdictional area of 113.15 anymunicipaldistrict court herein established may present 113.16 cases for hearing before saidmunicipaldistrict court; (b) In 113.17 the event the court takes jurisdiction of a prosecution for the 113.18 violation of a statute or ordinance by the state or a 113.19 governmental subdivision other than a city or town in Hennepin 113.20 county, all fines, penalties, and forfeitures collected shall be 113.21 paid over to the treasurer of the governmental subdivision which 113.22 submitteda casecharges for prosecution under ordinance 113.23 violation and to the county treasurer in all othercasescharges 113.24 except where a different disposition is provided by law, in 113.25 which case, payment shall be made to the public official 113.26 entitled thereto. The following fees shall be taxed to the 113.27 county or to the state or governmental subdivision which would 113.28 be entitled to payment of the fines, forfeiture or penalties in 113.29 any case, and shall be paid to the court administrator for 113.30 disposing of the matter: 113.31 (1)In all casesFor each charge where the defendant is 113.32 brought into court and pleads guilty and is sentenced, or the 113.33 matter is otherwise disposed of without trial .......... $5. 113.34 (2) In arraignments where the defendant waives a 113.35 preliminary examination .......... $10. 113.36 (3)In all other casesFor all other charges where the 114.1 defendant stands trial or has a preliminary examination by the 114.2 court .......... $15. 114.3 (4)In all casesFor all charges where a defendant was 114.4 issued a statute, traffic, or ordinance violationtagcitation 114.5 and a fine is paid or the case is otherwise disposed of in a 114.6 violations bureau ..........$1$10. 114.7 (5) Upon the effective date ofa $2 increase in the expired114.8meter fine schedule that is enacted on or after August 1, 1987,114.9the amount payable to the court administrator must be increased114.10by $1 for each expired meter violation disposed of in a114.11violations bureau.the increase in clause (4), the fine schedule 114.12 amounts shall be increased by $10. 114.13 Additional money, if any, received by the fourth judicial 114.14 district administrator as a result of this section shall be used 114.15 to fund an automated citation system and revenue collections 114.16 initiative and to pay the related administrative costs of the 114.17 court administrator's office. 114.18 Additional money, if any, received by the city of 114.19 Minneapolis as a result of this section shall be used to provide 114.20 additional funding to the city attorney for use in criminal 114.21 investigations and prosecutions. This funding shall not be used 114.22 to supplant existing city attorney positions or services. 114.23 Sec. 9. [STUDY OF FINE DISTRIBUTION.] 114.24 The court administrator for the fourth judicial district 114.25 shall study the feasibility of modifying the fine distribution 114.26 system in the fourth judicial district to recognize the costs 114.27 that are absorbed by local municipalities. The fourth judicial 114.28 court administrator shall make recommendations to the 114.29 legislature on this issue by November 15, 1999. 114.30 Sec. 10. Minnesota Statutes 1996, section 588.01, 114.31 subdivision 3, is amended to read: 114.32 Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those 114.33 not committed in the immediate presence of the court, and of 114.34 which it has no personal knowledge, and may arise from any of 114.35 the following acts or omissions: 114.36 (1) misbehavior in office, or other willful neglect or 115.1 violation of duty, by an attorney, court administrator, sheriff, 115.2 coroner, or other person appointed or elected to perform a 115.3 judicial or ministerial service; 115.4 (2) deceit or abuse of the process or proceedings of the 115.5 court by a party to an action or special proceeding; 115.6 (3) disobedience of any lawful judgment, order, or process 115.7 of the court; 115.8 (4) assuming to be an attorney or other officer of the 115.9 court, and acting as such without authority; 115.10 (5) rescuing any person or property in the custody of an 115.11 officer by virtue of an order or process of the court; 115.12 (6) unlawfully detaining a witness or party to an action 115.13 while going to, remaining at, or returning from the court where 115.14 the action is to be tried; 115.15 (7) any other unlawful interference with the process or 115.16 proceedings of a court; 115.17 (8) disobedience of a subpoena duly served, or refusing to 115.18 be sworn or to answer as a witness; 115.19 (9) when summoned as a juror in a court, neglecting to 115.20 attend or serve, improperly conversing with a party to an action 115.21 to be tried at the court or with any person relative to the 115.22 merits of the action, or receiving a communication from a party 115.23 or other person in reference to it, and failing to immediately 115.24 disclose the same to the court; 115.25 (10) disobedience, by an inferior tribunal or officer, of 115.26 the lawful judgment, order, or process of a superior court, 115.27 proceeding in an action or special proceeding in any court 115.28 contrary to law after it has been removed from its jurisdiction, 115.29 or disobedience of any lawful order or process of a judicial 115.30 officer; 115.31 (11) failure or refusal to pay apenalty assessment115.32 surcharge levied pursuant to section626.861357.021, 115.33 subdivision 6. 115.34 Sec. 11. Minnesota Statutes 1997 Supplement, section 115.35 609.101, subdivision 5, is amended to read: 115.36 Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 116.1 PAYMENTS.] (a) The court may not waive payment of the minimum 116.2 fine, surcharge, or assessmentrequired by this section. 116.3 (b) If the defendant qualifies for the services of a public 116.4 defender or the court finds on the record that the convicted 116.5 person is indigent or that immediate payment of the fine,116.6surcharge, or assessmentwould create undue hardship for the 116.7 convicted person or that person's immediate family, the court 116.8 may reduce the amount of the minimum fine to not less than $50. 116.9 (c) The court also may authorize payment of the fine,116.10surcharge, or assessmentin installments. 116.11 Sec. 12. Minnesota Statutes 1996, section 609.3241, is 116.12 amended to read: 116.13 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 116.14 When a court sentences an adult convicted of violating 116.15 section 609.322, 609.323, or 609.324, while acting other than as 116.16 a prostitute, the court shall impose an assessment of not less 116.17 than $250 and not more than $500 for a violation of section 116.18 609.324, subdivision 2, or a misdemeanor violation of section 116.19 609.324, subdivision 3; otherwise the court shall impose an 116.20 assessment of not less than $500 and not more than $1,000. The 116.21 mandatory minimum portion of the assessment is to be used for 116.22 the purposes described in section 626.558, subdivision 2a, and 116.23 is in addition to theassessment orsurcharge required by 116.24 section609.101357.021, subdivision 6. Any portion of the 116.25 assessment imposed in excess of the mandatory minimum amount 116.26 shall be forwarded to the general fund and is appropriated 116.27 annually to the commissioner of corrections. The commissioner, 116.28 with the assistance of the general crime victims advisory 116.29 council, shall use money received under this section for grants 116.30 to agencies that provide assistance to individuals who have 116.31 stopped or wish to stop engaging in prostitution. Grant money 116.32 may be used to provide these individuals with medical care, 116.33 child care, temporary housing, and educational expenses. 116.34 Sec. 13. Minnesota Statutes 1996, section 611.14, is 116.35 amended to read: 116.36 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 117.1 The following persons who are financially unable to obtain 117.2 counsel are entitled to be represented by a public defender: 117.3 (1) a person charged with a felonyor, gross misdemeanor, 117.4 or misdemeanor including a person charged under sections 629.01 117.5 to 629.29; 117.6 (2) a person appealing from a conviction of a felony or 117.7 gross misdemeanor, or a person convicted of a felony or gross 117.8 misdemeanor, who is pursuing a postconviction proceeding and who 117.9 has not already had a direct appeal of the conviction; 117.10 (3) a person who is entitled to be represented by counsel 117.11 under section 609.14, subdivision 2; or 117.12 (4) a minor who is entitled to be represented by counsel 117.13 under section 260.155, subdivision 2, if the judge of the117.14juvenile court concerned has requested and received the approval117.15of a majority of the district court judges of the judicial117.16district to utilize the services of the public defender in such117.17cases, and approval of the compensation on a monthly, hourly, or117.18per diem basis to be paid for such services under section117.19260.251, subdivision 2, clause (e); or117.20(5) a person, entitled by law to be represented by counsel,117.21charged with an offense within the trial jurisdiction of a117.22district court, if the trial judge or a majority of the trial117.23judges of the court concerned have requested and received117.24approval of a majority of the district court judges of the117.25judicial district to utilize the services of the public defender117.26in such cases and approval of the compensation on a monthly,117.27hourly, or per diem basis to be paid for such services by the117.28county within the court's jurisdiction. 117.29 Sec. 14. Minnesota Statutes 1996, section 611.20, 117.30 subdivision 3, is amended to read: 117.31 Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state 117.32 treasurer shall deposit thefirst $180,000 in the general fund.117.33 paymentsin excess of $180,000 shall be depositedin the general 117.34 fund andcreditedcredit them to a separate account with the 117.35 board of public defense. The amount credited to this account is 117.36 appropriated to the board of public defense. 118.1 The balance of this account does not cancel but is 118.2 available until expended. Expenditures by the board from this 118.3 account for each judicial district public defense office must be 118.4 based on the amount of the payments received by the state from 118.5 the courts in each judicial district. 118.6 Sec. 15. Minnesota Statutes 1996, section 611.216, 118.7 subdivision 1a, is amended to read: 118.8Subd. 1a. [INDIAN CHILD WELFARE DEFENSE CORPORATION118.9GRANTS.] (a) The board of public defense shall establish118.10procedures for accepting applications for funding from an Indian118.11child welfare defense corporation located in the American Indian118.12community. The board must consult with the Minnesota Indian118.13affairs council before making a grant under this subdivision.118.14(b) An "Indian child welfare defense corporation" refers to118.15an American Indian nonprofit law corporation, having an American118.16Indian majority on its board of directors, specializing118.17primarily in providing culturally appropriate legal services to118.18indigent clients or tribal representatives involved in a case118.19governed by the Indian Child Welfare Act, United States Code,118.20title 25, section 1901 et seq., or the Minnesota Indian family118.21preservation act, sections 257.35 to 257.3579.118.22(c) An Indian child welfare defense corporation is a118.23"public defense corporation" for the purposes of sections 611.14118.24to 611.271.118.25 Sec. 16. Minnesota Statutes 1997 Supplement, section 118.26 611.25, subdivision 3, is amended to read: 118.27 Subd. 3. [DUTIES.]The state public defender shall prepare118.28a biennial report to the board and a report to the governor and118.29the supreme court on the operation of the state public118.30defender's office, district defender systems, and public defense118.31corporations. The biennial report is due on or before the118.32beginning of the legislative session following the end of the118.33biennium.The state public defender may require the reporting 118.34 of statistical data, budget information, and other cost factors 118.35 by the chief district public defenders and appointed counsel 118.36 systems. The state public defender shall design and conduct 119.1 programs for the training of all state and district public 119.2 defenders, appointed counsel, and attorneys for public defense 119.3 corporations funded under section 611.26. The state public 119.4 defender shall establish policies and procedures to administer 119.5 the district public defender system, consistent with standards 119.6 adopted by the state board of public defense. 119.7 Sec. 17. Minnesota Statutes 1996, section 611.26, 119.8 subdivision 2, is amended to read: 119.9 Subd. 2. [APPOINTMENT; TERMS.] The state board of public 119.10 defense shall appoint a chief district public defender for each 119.11 judicial district. When appointing a chief district public 119.12 defender, the state board of public defense membership shall be 119.13 increased to include two residents of the district appointed by 119.14 the chief judge of the district to reflect the characteristics 119.15 of the population served by the public defender in that 119.16 district. The additional members shall serve only in the 119.17 capacity of selecting the district public defender. The ad hoc 119.18 state board of public defense shall appoint a chief district 119.19 public defender only after requesting and giving reasonable time 119.20 to receive any recommendations from the public, the local bar 119.21 association, and the judges of the district, and the county119.22commissioners within the district. Each chief district public 119.23 defender shall be a qualified attorney,licensed to practice law 119.24 in this state. The chief district public defender shall be 119.25 appointed for a term of four years, beginning January 1, 119.26 pursuant to the following staggered term schedule: (1) in1992119.27 2000, the second and eighth districts; (2) in19932001, the 119.28 first, third, fourth, and tenth districts; (3) in19942002, the 119.29 fifth and ninth districts; and (4) in19951999, the sixth and 119.30 seventh districts. The chief district public defenders shall 119.31 serve for four-year terms and may be removed for cause upon the 119.32 order of the state board of public defense. Vacancies in the 119.33 office shall be filled by the appointing authority for the 119.34 unexpired term. 119.35 Sec. 18. Minnesota Statutes 1996, section 611.26, 119.36 subdivision 3, is amended to read: 120.1 Subd. 3. [COMPENSATION.] (a) The compensation of the chief 120.2 district public defendershall be set by the board of public120.3defense.and the compensation of each assistant district public 120.4 defender shall be set by thechief district public defender with120.5the approval of theboard of public defense. To assist the 120.6 board of public defense in determining compensation under this 120.7 subdivision, counties shall provide to the board information on 120.8 the compensation of county attorneys, including salaries and 120.9 benefits, rent, secretarial staff, and other pertinent budget 120.10 data. For purposes of this subdivision, compensation means 120.11 salaries, cash payments, and employee benefits including paid 120.12 time off and group insurance benefits, and other direct and 120.13 indirect items of compensation including the value of office 120.14 space provided by the employer. 120.15 (b) This subdivision does not limit the rights of public 120.16 defenders to collectively bargain with their employers. 120.17 Sec. 19. Minnesota Statutes 1996, section 611.26, 120.18 subdivision 3a, is amended to read: 120.19 Subd. 3a. [BUDGET; COMPENSATION.] (a) Notwithstanding 120.20 subdivision 3 or any other law to the contrary, compensation and 120.21 economic benefit increases for chief district public defenders 120.22 and assistant district public defenders, who are full-time 120.23 county employees, shall be paid out of the budget for that 120.24 judicial district public defender's office. 120.25 (b) Those budgets for district public defender services 120.26under the jurisdiction of the state board of public defensein 120.27 the second and fourth judicial districts shall be eligible for 120.28 adjustments to their base budgets in the same manner as other 120.29 state agencies. In making biennial budget base adjustments, the 120.30 commissioner of finance shall consider the budgets for district 120.31 public defender services in all judicial districts, as allocated 120.32 by the state board of public defense, in the same manner as 120.33 other state agencies. 120.34 Sec. 20. Minnesota Statutes 1996, section 611.26, 120.35 subdivision 9, is amended to read: 120.36Subd. 9. [INSURANCE.] Notwithstanding any other law to the121.1contrary, district public defenders and assistant district121.2public defenders, and their employees and their dependents, may121.3elect to enroll in the appropriate life insurance, hospital,121.4medical and dental benefits, and optional coverages of their121.5respective host county, as designated by the state board of121.6public defense under section 611.27, subdivision 2, at the time,121.7in the manner, and under conditions of eligibility as121.8established by the host county for its employees. The host121.9county must provide for payroll deductions to be made in the121.10same manner and under the same conditions as provided for an121.11eligible county employee and the employee's dependents. Nothing121.12in this subdivision obligates the state or county to payments in121.13the absence of an appropriation for those purposes.121.14 Sec. 21. Minnesota Statutes 1996, section 611.27, 121.15 subdivision 1, is amended to read: 121.16 Subdivision 1. [COUNTY PAYMENT RESPONSIBILITY.] (a)The121.17total compensation and expenses, including office equipment and121.18supplies, of the district public defender are to be paid by the121.19county or counties comprising the judicial district.121.20(b)A chief district public defender shall annually submit 121.21 a comprehensive budget to the state board of public defense. 121.22 The budget shall be in compliance with standards and forms 121.23 required by the boardand must, at a minimum, include detailed121.24substantiation as to all revenues and expenditures. The chief 121.25 district public defender shall, at times and in the form 121.26 required by the board, submit reports to the board concerning 121.27 its operations, including the number of cases handled and funds 121.28 expended for these services. 121.29Within ten days after an assistant district public defender121.30is appointed, the district public defender shall certify to the121.31state board of public defense the compensation that has been121.32recommended for the assistant.121.33(c) The state board of public defense shall transmit the121.34proposed budget of each district public defender to the121.35respective district court administrators and county budget121.36officers for comment before the board's final approval of the122.1budget. The board shall determine and certify to the respective122.2county boards a final comprehensive budget for the office of the122.3district public defender that includes all expenses. After the122.4board determines the allocation of the state funds authorized122.5pursuant to paragraph (e), the board shall apportion the122.6expenses of the district public defenders among the several122.7counties and each county shall pay its share in monthly122.8installments. The county share is the proportion of the total122.9expenses that the population in the county bears to the total122.10population in the district as determined by the last federal122.11census. If the district public defender or an assistant122.12district public defender is temporarily transferred to a county122.13not situated in that public defender's judicial district, said122.14county shall pay the proportionate part of that public122.15defender's expenses for the services performed in said county.122.16(d) Reimbursement for actual and necessary travel expenses122.17in the conduct of the office of the district public defender122.18shall be charged to either (1) the general expenses of the122.19office, (2) the general expenses of the district for which the122.20expenses were incurred if outside the district, or (3) the122.21office of the state public defender if the services were122.22rendered for that office.122.23(e)(b) Money appropriated to the state board of public 122.24 defense for the board's administration, for the state public 122.25 defender, for the judicial district public defenders, and for 122.26 the public defense corporations shall be expended as determined 122.27 by the board. In distributing funds to district public 122.28 defenders, the board shall consider the geographic distribution 122.29 of public defenders, the equity of compensation among the 122.30 judicial districts, public defender case loads, and the results 122.31 of the weighted case load study. 122.32 Sec. 22. Minnesota Statutes 1996, section 611.27, 122.33 subdivision 2, is amended to read: 122.34Subd. 2. [STATE BOARD OF PUBLIC DEFENSE; DESIGNATION OF122.35HOST COUNTY.] The state board of public defense, after receiving122.36an appropriation from the legislature for payment of district123.1public defender costs, shall designate the county officials of123.2one county within the district as a host county to reimburse the123.3expenses of the district public defender. A county selected by123.4the board must serve as the designee. The county share assessed123.5under subdivision 1 against each county of the district must be123.6paid to the county treasurer of the designated county. The123.7board may reimburse the designated county for extra costs123.8incurred.123.9 Sec. 23. Minnesota Statutes 1997 Supplement, section 123.10 611.27, subdivision 4, is amended to read: 123.11Subd. 4. [COUNTY PORTION OF COSTS.] That portion of123.12subdivision 1 directing counties to pay the costs of public123.13defense service shall not be in effect after January 1, 1995.123.14This subdivision only relates to costs associated with felony,123.15gross misdemeanor, juvenile, and misdemeanor public defense123.16services. Notwithstanding the provisions of this subdivision,123.17in the first, fifth, seventh, ninth, and tenth judicial123.18districts, the cost of juvenile and misdemeanor public defense123.19services for cases opened prior to January 1, 1995, shall remain123.20the responsibility of the respective counties in those123.21districts, even though the cost of these services may occur123.22after January 1, 1995.123.23 Sec. 24. Minnesota Statutes 1996, section 611.27, 123.24 subdivision 7, is amended to read: 123.25 Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 123.26Notwithstanding subdivision 4,The state's obligation for the 123.27 costs of the public defender services is limited to the 123.28 appropriations made to the board of public defense.Services123.29and expenses in cases where adequate representation cannot be123.30provided by the district public defender shall be the123.31responsibility of the state board of public defense.123.32 Sec. 25. [WORK ZONE FINES.] 123.33 The conference of chief judges is requested to add a 123.34 payable fine for work zone violations under Minnesota Statutes, 123.35 section 169.14, subdivision 5b, to the payables list and make it 123.36 applicable to violations occurring on or after January 1, 1999. 124.1 Sec. 26. [REPORT ON SURCHARGES.] 124.2 The state court administrator shall collect information on 124.3 the amount of revenue collected annually from the imposition of 124.4 surcharges under Minnesota Statutes, section 97A.065, 124.5 subdivision 2, or 357.021, subdivision 6, and shall report this 124.6 information by January 15, 2001, to the house and senate 124.7 committees with jurisdiction over criminal justice funding and 124.8 policy. 124.9 Sec. 27. [WORKING GROUP; BOARD OF PUBLIC DEFENSE.] 124.10 Subdivision 1. [WORKING GROUP; ESTABLISHMENT.] A working 124.11 group is established to study and make recommendations on the 124.12 issues related to employees of the public defender's office of 124.13 the second judicial district and public defender's office of the 124.14 fourth judicial district becoming state employees. 124.15 Subd. 2. [WORKING GROUP; MEMBERSHIP.] The board of public 124.16 defense shall work in cooperation with the following groups in 124.17 conducting the study required under subdivision 1: 124.18 (1) the Ramsey county board; 124.19 (2) the Hennepin county board; 124.20 (3) the exclusive bargaining units of the public defender's 124.21 office of the second judicial district; and 124.22 (4) the exclusive bargaining units of the public defender's 124.23 office of the fourth judicial district. 124.24 Subd. 3. [WORKING GROUP; DUTIES.] The working group shall 124.25 study the following issues: 124.26 (1) rights under Minnesota Statutes, chapter 179A, for 124.27 impacted employees; 124.28 (2) a method for impacted employees to maintain their 124.29 current total compensation level; 124.30 (3) a method for impacted employees to maintain a 124.31 collective bargaining unit; 124.32 (4) impacts on health insurance, life insurance, and 124.33 long-term disability benefits; 124.34 (5) impacts on retirement plans; 124.35 (6) a procedure for multicounty judicial district public 124.36 defenders to be paid at the pay scale of the attorney general's 125.1 office; and 125.2 (7) any other issues relating to these employees becoming 125.3 state employees. 125.4 Subd. 4. [REPORT.] By October 15, 1998, the board of 125.5 public defense must report to the chairs of the house and senate 125.6 committees having jurisdiction over criminal justice issues and 125.7 the house and senate committees having jurisdiction over 125.8 governmental operations on the study and its recommendations. 125.9 These recommendations may not include any measure that would 125.10 result in an increase in Ramsey county property taxes. 125.11 Sec. 28. [INSTRUCTION TO REVISOR.] 125.12 The revisor shall change the term "penalty assessment" or 125.13 similar term to "surcharge" or similar term wherever the term 125.14 appears in Minnesota Rules in connection with the board of peace 125.15 officer standards and training. 125.16 Sec. 29. [EXPIRATION.] 125.17 The amendments to Minnesota Statutes, section 488A.03, 125.18 subdivision 11, made in section 8 expire December 31, 2000, and 125.19 Minnesota Statutes 1996, section 488A.03, subdivision 11, is in 125.20 effect. 125.21 Sec. 30. [REPEALER.] 125.22 Minnesota Statutes 1996, sections 609.101, subdivision 1; 125.23 and 626.861, are repealed. 125.24 Sec. 31. [EFFECTIVE DATE.] 125.25 Sections 1 to 12, 26, 30, and 31 are effective January 1, 125.26 1999. Section 14 is effective July 1, 1999. 125.27 ARTICLE 9 125.28 CORRECTIONS 125.29 Section 1. Minnesota Statutes 1996, section 241.01, 125.30 subdivision 7, is amended to read: 125.31 Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 125.32 commissioner of corrections may authorize and permit public or 125.33 private social service, educational, or rehabilitation agencies 125.34 or organizations, and their clients; or lawyers, insurance 125.35 companies, or others; to use the facilities, staff, and other 125.36 resources of correctional facilities under the commissioner's 126.1 control and may require the participating agencies or 126.2 organizations to pay all or part of the costs thereof. All sums 126.3 of money received pursuant to the agreements herein authorized 126.4 shall not cancel until the end of the fiscal year immediately 126.5 following the fiscal year in which the funds were received. The 126.6 funds are available for use by the commissioner during that 126.7 period, and are hereby appropriated annually to the commissioner 126.8 of corrections for the purposes of this subdivision. 126.9 The commissioner of corrections may provide meals for staff 126.10 and visitors for efficiency of operation and may require such 126.11 participants to pay all or part of the costs of the meals. All 126.12 sums of money received under this provision are appropriated to 126.13 the commissioner of corrections and shall not cancel until the 126.14 end of the fiscal year immediately following the fiscal year in 126.15 which the funds were received. 126.16 Sec. 2. Minnesota Statutes 1996, section 241.01, is 126.17 amended by adding a subdivision to read: 126.18 Subd. 9. [LEASES FOR CORRECTIONAL FACILITY 126.19 PROPERTY.] Money collected as rent under section 16B.24, 126.20 subdivision 5, for state property at any of the correctional 126.21 facilities administered by the commissioner of corrections is 126.22 appropriated to the commissioner of corrections and is dedicated 126.23 to the correctional facility from which it is generated. Any 126.24 balance remaining at the end of the fiscal year shall not cancel 126.25 and is available until expended. 126.26 Sec. 3. Minnesota Statutes 1997 Supplement, section 126.27 241.015, is amended to read: 126.28 241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 126.29 Subdivision 1. [ANNUAL REPORT.] Notwithstanding section 126.30 15.91, the department of corrections must issue a performance 126.31 report by November 30 of each year. The issuance and content of 126.32 the report must conform with section 15.91. 126.33 Subd. 2. [RECIDIVISM ANALYSIS.] The report required by 126.34 subdivision 1 must include an evaluation and analysis of the 126.35 programming in all department of corrections facilities. This 126.36 evaluation and analysis shall include: 127.1 (1) a description of the vocational, work, and industries 127.2 programs and information on the recidivism rates for offenders 127.3 who participated in these types of programming; 127.4 (2) a description of the educational programs and 127.5 information on the recidivism rates for offenders who 127.6 participated in educational programming; and 127.7 (3) a description of the chemical dependency, sex offender, 127.8 and mental health treatment programs and information on the 127.9 recidivism rates for offenders who participated in these 127.10 treatment programs. 127.11 The analysis of recidivism rates shall include a breakdown 127.12 of recidivism rates for juvenile offenders, adult male 127.13 offenders, and adult female offenders. 127.14 Sec. 4. Minnesota Statutes 1996, section 241.05, is 127.15 amended to read: 127.16 241.05 [RELIGIOUSINSTRUCTIONACTIVITIES.] 127.17 The commissioner of corrections shallprovide at least one127.18hour, on the first day of each week, between 9:00 a.m. and 5:00127.19p.m., for religious instruction toallow inmates of all prisons 127.20 and reformatories under the commissioner's control to 127.21 participate in religious activities, during which members of the 127.22 clergy of good standing in any church or denomination may freely 127.23 administer and impart religious rites and instruction to those 127.24 desiringthe samethem.The commissioner shall provide a127.25private room where such instruction can be given by members of127.26the clergy of the denomination desired by the inmate, or, in127.27case of minors, by the parents or guardian, and, in case of127.28sickness, some other day or hour may be designated; but all127.29sectarian practices are prohibited, andNo officer or employee 127.30 of the institution shall attempt to influence the religious 127.31 belief of any inmate, andnoneno inmate shall be required to 127.32 attend religious services against the inmate's will. 127.33 Sec. 5. [241.268] [INMATE EMPLOYMENT.] 127.34 The commissioner of corrections shall not allow any 127.35 individual committed to the commissioner's custody to 127.36 participate in an industrial or commercial activity under 128.1 section 241.27 or to work for a private employer, unless: 128.2 (1) security at the place of employment is provided by the 128.3 state; 128.4 (2) the private employer provides its noninmate employees 128.5 with a total compensation and benefit package of similar value 128.6 to that provided by public employers to similarly situated 128.7 employees; 128.8 (3) the commissioner certifies in writing to the 128.9 appropriate bargaining unit that the inmate's work will not 128.10 result in the displacement of currently employed workers or 128.11 workers on seasonal layoff, including partial displacement such 128.12 as reduction in hours of nonovertime work, wages, or other 128.13 employment benefits; and 128.14 (4) the commissioner determines that, to the maximum extent 128.15 possible, fixtures, equipment, and materials that are necessary 128.16 to allow an inmate to participate in an industrial or commercial 128.17 activity under section 241.27 or to work for a private employer 128.18 are furnished by an entity not owned or operated by a state or 128.19 political subdivision. 128.20 This section does not apply to those inmates seeking or 128.21 engaged in private employment under section 241.26. 128.22 Sec. 6. [241.272] [SENTENCE TO SERVE.] 128.23 Whenever offenders are assigned for the purpose of work 128.24 under agreement with a state department or agency, local unit of 128.25 government, or other governmental subdivision, the state 128.26 department or agency, local unit of government, or other 128.27 governmental subdivision must certify in writing to the 128.28 appropriate bargaining agent that the work performed by the 128.29 inmates will not result in the displacement of currently 128.30 employed workers or workers on seasonal layoff or layoff from a 128.31 substantially equivalent position, including partial 128.32 displacement such as reduction in hours of nonovertime work, 128.33 wages, or other employment benefits. 128.34 Sec. 7. Minnesota Statutes 1997 Supplement, section 128.35 241.277, subdivision 9, is amended to read: 128.36 Subd. 9. [COSTS OF PROGRAM.] Counties sentencing offenders 129.1 to the program must pay 25 percent of the per diem expenses for 129.2 the offender. Per diem money received from the counties are 129.3 appropriated to the commissioner of corrections for expenses of 129.4 the program. Sums of money received by the commissioner of 129.5 corrections as authorized in this subdivision shall not cancel 129.6 until the end of the fiscal year immediately following the 129.7 fiscal year in which the funds were received by the 129.8 commissioner. The commissioner is responsible for all other 129.9 costs associated with the placement of offenders in the program, 129.10 including, but not limited to, the remaining per diem expenses 129.11 and the full cost of transporting offenders to and from the 129.12 program. 129.13 Sec. 8. [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 129.14 COUNTY JAIL INMATES.] 129.15 The commissioner of corrections, in the interest of inmate 129.16 rehabilitation, may enter into interagency agreements with 129.17 state, county, or municipal agencies, or contract with nonprofit 129.18 agencies to fund or partially fund the cost of programs which 129.19 use state or county jail inmates as a work force. The 129.20 commissioner is authorized to receive and deposit funds via 129.21 these agreements into the special revenue fund. The funds are 129.22 appropriated to partially or fully support those programs. The 129.23 commissioner may establish separate inmate accounts within those 129.24 programs. 129.25 Sec. 9. [241.85] [EDUCATIONAL ASSESSMENTS.] 129.26 Subdivision 1. [ASSESSMENT UPON ADMISSION TO CORRECTIONAL 129.27 FACILITY.] (a) The department of corrections shall conduct an 129.28 educational assessment of each juvenile admitted to a department 129.29 of corrections facility within 30 days of the juvenile's 129.30 admission to the facility. 129.31 (b) The department of corrections shall conduct an 129.32 educational assessment of each adult admitted to a department of 129.33 corrections facility within 60 days of an adult's admission to 129.34 the facility. 129.35 Subd. 2. [EDUCATIONAL ASSESSMENT.] The educational 129.36 assessment required under subdivision 1 shall determine each 130.1 offender's reading, writing, and mathematics ability by grade 130.2 level. 130.3 Subd. 3. [EDUCATIONAL PROGRAMMING.] If an adult offender's 130.4 educational assessment under subdivision 1 shows that the 130.5 offender does not meet the standards developed by the state 130.6 board of education under section 121.11, subdivision 7c, in 130.7 reading, writing, and mathematics, the program plan for the 130.8 adult offender must include educational programming to assist 130.9 the offender in developing these skills. Each juvenile 130.10 offender's program plan must include educational programming to 130.11 assist the juvenile in developing educational skills equivalent 130.12 to one year below the juvenile's grade level. Other educational 130.13 programming also shall be available in each facility for 130.14 offenders to address educational needs identified through the 130.15 assessment. 130.16 Subd. 4. [PREDISCHARGE TESTING.] The department of 130.17 corrections shall repeat the assessment required under 130.18 subdivision 2 in the 60-day period prior to each offender's 130.19 discharge from the facility. 130.20 Sec. 10. Minnesota Statutes 1997 Supplement, section 130.21 242.192, is amended to read: 130.22 242.192 [CHARGES TO COUNTIES.] 130.23 The commissioner shall charge counties or other appropriate 130.24 jurisdictions for the actual per diem cost of confinement, 130.25 excluding educational costs, of juveniles at the Minnesota 130.26 correctional facility-Red Wing. This charge applies to both 130.27 counties that participate in the Community Corrections Act and 130.28 those that do not. The commissioner shall annually determine 130.29 costs, making necessary adjustments to reflect the actual costs 130.30 of confinement. All money received under this section must be 130.31 deposited in the state treasury and credited to the general fund. 130.32 Sec. 11. Minnesota Statutes 1996, section 242.195, 130.33 subdivision 1, is amended to read: 130.34 Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The 130.35 commissioner of corrections shall provide for a range of sex 130.36 offender programs, including intensive sex offender programs, 131.1 for juveniles within state juvenile correctional facilities and 131.2 through purchase of service from county and private residential 131.3 and outpatient juvenile sex offender programs. 131.4 (b) The commissioner shall establish and operate a 131.5 residential sex offender program atone ofthestate juvenile131.6correctional facilitiesMinnesota correctional facility-Sauk 131.7 Centre. The program must be structured to address both the 131.8 therapeutic and disciplinary needs of juvenile sex offenders. 131.9 The program must afford long-term residential treatment for a 131.10 range of juveniles who have committed sex offenses and have 131.11 failed other treatment programs or are not likely to benefit 131.12 from an outpatient or a community-based residential treatment 131.13 program. 131.14 Sec. 12. Minnesota Statutes 1996, section 242.32, 131.15 subdivision 1, is amended to read: 131.16 Subdivision 1. [COMMUNITY-BASED PROGRAMMING.] The 131.17 commissioner of corrections shall be charged with the duty of 131.18 developing constructive programs for the prevention and decrease 131.19 of delinquency and crime among youth. To that end, the 131.20 commissioner shall cooperate with counties and existing agencies 131.21 to encourage the establishment of new programming, both local 131.22 and statewide, to provide a continuum of services for serious 131.23 and repeat juvenile offenders who do not require secure 131.24 placement. The commissioner shall work jointly with the 131.25 commissioner of human services and counties and municipalities 131.26 to develop and provide community-based services for residential 131.27 placement of juvenile offenders and community-based services for 131.28 nonresidential programming for juvenile offenders and their 131.29 families. 131.30 Notwithstanding any law to the contrary, the commissioner 131.31 of corrections is authorized to contract with counties placing 131.32 juveniles in the serious/chronic program, PREPARE, at the 131.33 Minnesota correctional facility-Red Wing to provide necessary 131.34 extended community transition programming. Funds resulting from 131.35 the contracts shall be deposited in the state treasury and are 131.36 appropriated to the commissioner of corrections for juvenile 132.1 correctional purposes. 132.2 Sec. 13. Minnesota Statutes 1997 Supplement, section 132.3 243.51, subdivision 1, is amended to read: 132.4 Subdivision 1. The commissioner of corrections is hereby 132.5 authorized to contract with agencies and bureaus of the United 132.6 States and with the proper officials of other states or a county 132.7 of this state for the custody, care, subsistence, education, 132.8 treatment and training of persons convicted of criminal offenses 132.9 constituting felonies in the courts of this state, the United 132.10 States, or other states of the United States. Such contracts 132.11 shall provide for reimbursing the state of Minnesota for all 132.12 costs or other expenses involved.Funds received under such132.13contracts shall be deposited in the state treasury and are132.14appropriated to the commissioner of corrections for correctional132.15purposes, including capital improvements.Any prisoner 132.16 transferred to the state of Minnesota pursuant to this 132.17 subdivision shall be subject to the terms and conditions of the 132.18 prisoner's original sentence as if the prisoner were serving the 132.19 same within the confines of the state in which the conviction 132.20 and sentence was had or in the custody of the United States. 132.21 Nothing herein shall deprive such inmate of the right to parole 132.22 or the rights to legal process in the courts of this state. 132.23 Sec. 14. Minnesota Statutes 1997 Supplement, section 132.24 243.51, subdivision 3, is amended to read: 132.25 Subd. 3. [TEMPORARY DETENTION.] The commissioner of 132.26 corrections is authorized to contract with agencies and bureaus 132.27 of the United States and with the appropriate officials of any 132.28 other state or county of this state for the temporary detention 132.29 of any person in custody pursuant to any process issued under 132.30 the authority of the United States, other states of the United 132.31 States, or the district courts of this state. The contract 132.32 shall provide for reimbursement to the state of Minnesota for 132.33 all costs and expenses involved.Money received under contracts132.34shall be deposited in the state treasury and are appropriated to132.35the commissioner of corrections for correctional purposes,132.36including capital improvements.133.1 Sec. 15. Minnesota Statutes 1996, section 243.51, is 133.2 amended by adding a subdivision to read: 133.3 Subd. 5. [SPECIAL REVENUE FUND.] Money received under 133.4 contracts authorized in subdivisions 1 and 3 shall be deposited 133.5 in the state treasury in an inmate housing account in the 133.6 special revenue fund. The money deposited in this account may 133.7 be expended only as provided by law. The purpose of this fund 133.8 is for correctional purposes, including housing inmates under 133.9 this section, and capital improvements. 133.10 Sec. 16. Minnesota Statutes 1996, section 390.11, 133.11 subdivision 2, is amended to read: 133.12 Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The 133.13 coroner may conduct an autopsy in the case of any human death 133.14 referred to in subdivision 1, clause (1) or (2), when the 133.15 coroner judges that the public interest requires an autopsy, 133.16 except that an autopsy must be conducted in all unattended 133.17 inmate deaths that occur in a state correctional facility. 133.18 Sec. 17. Minnesota Statutes 1997 Supplement, section 133.19 401.13, is amended to read: 133.20 401.13 [CHARGES MADE TO COUNTIES.] 133.21 Each participating county will be charged a sum equal to 133.22 the actual per diem cost of confinement, excluding educational 133.23 costs, of those juveniles committed to the commissioner and 133.24 confined in a state correctional facility. The commissioner 133.25 shall annually determine costs making necessary adjustments to 133.26 reflect the actual costs of confinement. The commissioner of 133.27 corrections shall bill the counties and deposit the receipts 133.28 from the counties in the general fund. All charges shall be a 133.29 charge upon the county of commitment. 133.30 Sec. 18. Laws 1997, chapter 239, article 9, section 43, is 133.31 amended to read: 133.32 Sec. 43. [OPERATION OF SAUK CENTRE.] 133.33 (a) After December 30, 1998, the Minnesota correctional 133.34 facility-Sauk Centre may no longer confine juvenile male 133.35 offenders who are committed to the commissioner's custody, 133.36 except for juvenile male offenders who are in the residential 134.1 sex offender program operated under Minnesota Statutes, section 134.2 242.195. By January 1, 1999, male juvenile offenders who are 134.3 committed to the commissioner's custody must be transferred from 134.4 Sauk Centre to the Minnesota correctional facility-Red Wing, or 134.5 upon order of the juvenile court, to an appropriate county 134.6 placement, notwithstanding Minnesota Statutes, section 260.185. 134.7 (b) After December 30, 1998, the commissioner of 134.8 corrections may operate the facility in any manner not 134.9 inconsistent with this section. 134.10 Sec. 19. [ACCOUNT BALANCE.] 134.11 As of June 30, 1999, any balance remaining in the account 134.12 containing money received through contracts authorized by 134.13 Minnesota Statutes, section 243.51, subdivisions 1 and 3, is 134.14 transferred to the inmate housing account in the special revenue 134.15 fund. 134.16 Sec. 20. [REPORT REQUIRED.] 134.17 (a) By February 1, 1999, the commissioner of corrections 134.18 shall report to the house and senate committees having 134.19 jurisdiction over criminal justice policy and funding on how the 134.20 department of corrections intends to collect information on job 134.21 placement rates of inmates who have been discharged from 134.22 department of corrections facilities. This report shall include 134.23 information on how the department of corrections can collect 134.24 summary data on job placement rates of former inmates who are on 134.25 supervised release, including the types of jobs for which 134.26 inmates have been hired and the wages earned by the inmates. 134.27 The report also shall include information on the predischarge or 134.28 postdischarge assistance that would assist inmates in obtaining 134.29 employment. 134.30 (b) "Summary data" has the meaning given in section 13.02, 134.31 subdivision 19. 134.32 Sec. 21. [HEALTH CARE COST REDUCTIONS.] 134.33 The commissioner of corrections shall report to the 134.34 legislature by December 15, 1998, on progress in implementing 134.35 initiatives related to: 134.36 (1) a review of the current system; 135.1 (2) development of requests for proposals to consolidate 135.2 contracts, negotiate discounts, regionalize health care 135.3 delivery, reduce transportation costs, and implement other 135.4 health care cost containment initiatives; 135.5 (3) formalization of utilization review requirements; 135.6 (4) expansion of telemedicine; and 135.7 (5) increasing the cost-effective use of infirmary services. 135.8 The report must also include the results of strategic planning 135.9 efforts, including but not limited to planning efforts to 135.10 improve fiscal management, improve recordkeeping and data 135.11 collection, expand infirmary services, and expand mental health 135.12 services. 135.13 Sec. 22. [REPEALER.] 135.14 (a) Minnesota Statutes 1997 Supplement, section 243.51, 135.15 subdivision 4, is repealed. 135.16 (b) Laws 1997, chapter 239, article 9, section 44, is 135.17 repealed. 135.18 Sec. 23. [EFFECTIVE DATE.] 135.19 Sections 1, 2, 7, 8, and 12 are effective the day following 135.20 final enactment. Sections 13 to 15, 19, and 22, paragraph (a), 135.21 are effective July 1, 1999. 135.22 ARTICLE 10 135.23 JUVENILES 135.24 Section 1. Minnesota Statutes 1997 Supplement, section 135.25 242.32, subdivision 4, is amended to read: 135.26 Subd. 4. [EXCEPTION.] The 100-bed limitation in 135.27 subdivision 3 does not apply to: 135.28 (1) up to 32 beds constructed and operated for long-term 135.29 residential secure programming by a privately operated facility 135.30 licensed by the commissioner in Rock county, Minnesota; and 135.31 (2) the campus at the state juvenile correctional facility 135.32 at Red Wing, Minnesota. 135.33 Sec. 2. Minnesota Statutes 1997 Supplement, section 135.34 260.015, subdivision 2a, is amended to read: 135.35 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 135.36 "Child in need of protection or services" means a child who is 136.1 in need of protection or services because the child: 136.2 (1) is abandoned or without parent, guardian, or custodian; 136.3 (2)(i) has been a victim of physical or sexual abuse, (ii) 136.4 resides with or has resided with a victim of domestic child 136.5 abuse as defined in subdivision 24, (iii) resides with or would 136.6 reside with a perpetrator of domestic child abuse or child abuse 136.7 as defined in subdivision 28, or (iv) is a victim of emotional 136.8 maltreatment as defined in subdivision 5a; 136.9 (3) is without necessary food, clothing, shelter, 136.10 education, or other required care for the child's physical or 136.11 mental health or morals because the child's parent, guardian, or 136.12 custodian is unable or unwilling to provide that care; 136.13 (4) is without the special care made necessary by a 136.14 physical, mental, or emotional condition because the child's 136.15 parent, guardian, or custodian is unable or unwilling to provide 136.16 that care; 136.17 (5) is medically neglected, which includes, but is not 136.18 limited to, the withholding of medically indicated treatment 136.19 from a disabled infant with a life-threatening condition. The 136.20 term "withholding of medically indicated treatment" means the 136.21 failure to respond to the infant's life-threatening conditions 136.22 by providing treatment, including appropriate nutrition, 136.23 hydration, and medication which, in the treating physician's or 136.24 physicians' reasonable medical judgment, will be most likely to 136.25 be effective in ameliorating or correcting all conditions, 136.26 except that the term does not include the failure to provide 136.27 treatment other than appropriate nutrition, hydration, or 136.28 medication to an infant when, in the treating physician's or 136.29 physicians' reasonable medical judgment: 136.30 (i) the infant is chronically and irreversibly comatose; 136.31 (ii) the provision of the treatment would merely prolong 136.32 dying, not be effective in ameliorating or correcting all of the 136.33 infant's life-threatening conditions, or otherwise be futile in 136.34 terms of the survival of the infant; or 136.35 (iii) the provision of the treatment would be virtually 136.36 futile in terms of the survival of the infant and the treatment 137.1 itself under the circumstances would be inhumane; 137.2 (6) is one whose parent, guardian, or other custodian for 137.3 good cause desires to be relieved of the child's care and 137.4 custody; 137.5 (7) has been placed for adoption or care in violation of 137.6 law; 137.7 (8) is without proper parental care because of the 137.8 emotional, mental, or physical disability, or state of 137.9 immaturity of the child's parent, guardian, or other custodian; 137.10 (9) is one whose behavior, condition, or environment is 137.11 such as to be injurious or dangerous to the child or others. An 137.12 injurious or dangerous environment may include, but is not 137.13 limited to, the exposure of a child to criminal activity in the 137.14 child's home; 137.15 (10) has committed a delinquent act or a juvenile petty 137.16 offense before becoming ten years old; 137.17 (11) is a runaway; 137.18 (12) is an habitual truant; 137.19 (13) has been found incompetent to proceed or has been 137.20 found not guilty by reason of mental illness or mental 137.21 deficiency in connection with a delinquency proceeding, a 137.22 certification under section 260.125, an extended jurisdiction 137.23 juvenile prosecution, or a proceeding involving a juvenile petty 137.24 offense; 137.25 (14) is one whose custodial parent's parental rights to 137.26 another child have been involuntarily terminated within the past 137.27 five years;or137.28 (15) has been found by the court to have committed domestic 137.29 abuse perpetrated by a minor under Laws 1997, chapter 239, 137.30 article 10, sections 2 to 26, has been ordered excluded from the 137.31 child's parent's home by an order for protection/minor 137.32 respondent, and the parent or guardian is either unwilling or 137.33 unable to provide an alternative safe living arrangement for the 137.34 child; or 137.35 (16) has engaged in prostitution, as defined in section 137.36 609.321, subdivision 9. 138.1 Sec. 3. Minnesota Statutes 1996, section 260.015, 138.2 subdivision 21, is amended to read: 138.3 Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 138.4 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 138.5 alcohol offense, a juvenile controlled substance offense, a 138.6 violation of section 609.685, or a violation of a local 138.7 ordinance, which by its terms prohibits conduct by a child under 138.8 the age of 18 years which would be lawful conduct if committed 138.9 by an adult. 138.10 (b) Except as otherwise provided in paragraph (c), 138.11 "juvenile petty offense" also includes an offense that would be 138.12 a misdemeanor if committed by an adult. 138.13 (c) "Juvenile petty offense" does not include any of the 138.14 following: 138.15 (1) a misdemeanor-level violation of section 588.20, 138.16 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 138.17 609.79, or 617.23; 138.18 (2) a major traffic offense or an adult court traffic 138.19 offense, as described in section 260.193; 138.20 (3) a misdemeanor-level offense committed by a child whom 138.21 the juvenile court previously has found to have committed a 138.22 misdemeanor, gross misdemeanor, or felony offense; or 138.23 (4) a misdemeanor-level offense committed by a child whom 138.24 the juvenile court has found to have committed a 138.25 misdemeanor-level juvenile petty offense on two or more prior 138.26 occasions, unless the county attorney designates the child on 138.27 the petition as a juvenile petty offender notwithstanding this 138.28 prior record. As used in this clause, "misdemeanor-level 138.29 juvenile petty offense" includes a misdemeanor-level offense 138.30 that would have been a juvenile petty offense if it had been 138.31 committed on or after July 1, 1995. 138.32 (d) A child who commits a juvenile petty offense is a 138.33 "juvenile petty offender." 138.34 Sec. 4. Minnesota Statutes 1996, section 260.131, is 138.35 amended by adding a subdivision to read: 138.36 Subd. 5. [CONCURRENT JURISDICTION.] When a petition is 139.1 filed alleging that a child has engaged in prostitution as 139.2 defined in section 609.321, subdivision 9, the county attorney 139.3 shall determine whether concurrent jurisdiction is necessary to 139.4 provide appropriate intervention and, if so, proceed to file a 139.5 petition alleging the child to be both delinquent and in need of 139.6 protection or services. 139.7 Sec. 5. Minnesota Statutes 1996, section 260.155, 139.8 subdivision 1, is amended to read: 139.9 Subdivision 1. [GENERAL.] (a) Except for hearings arising 139.10 under section260.261260.315, hearings on any matter shall be 139.11 without a jury and may be conducted in an informal manner, 139.12 except that a child who is prosecuted as an extended 139.13 jurisdiction juvenile has the right to a jury trial on the issue 139.14 of guilt. The rules of evidence promulgated pursuant to section 139.15 480.0591 and the law of evidence shall apply in adjudicatory 139.16 proceedings involving a child alleged to be delinquent, an 139.17 extended jurisdiction juvenile, or a juvenile petty offender, 139.18 and hearings conducted pursuant to section 260.125 except to the 139.19 extent that the rules themselves provide that they do not 139.20 apply. In all adjudicatory proceedings involving a child 139.21 alleged to be in need of protection or services, the court shall 139.22 admit only evidence that would be admissible in a civil trial. 139.23 To be proved at trial, allegations of a petition alleging a 139.24 child to be in need of protection or services must be proved by 139.25 clear and convincing evidence. 139.26 (b) Except for proceedings involving a child alleged to be 139.27 in need of protection or services and petitions for the 139.28 termination of parental rights, hearings may be continued or 139.29 adjourned from time to time. In proceedings involving a child 139.30 alleged to be in need of protection or services and petitions 139.31 for the termination of parental rights, hearings may not be 139.32 continued or adjourned for more than one week unless the court 139.33 makes specific findings that the continuance or adjournment is 139.34 in the best interests of the child. If a hearing is held on a 139.35 petition involving physical or sexual abuse of a child who is 139.36 alleged to be in need of protection or services or neglected and 140.1 in foster care, the court shall file the decision with the court 140.2 administrator as soon as possible but no later than 15 days 140.3 after the matter is submitted to the court. When a continuance 140.4 or adjournment is ordered in any proceeding, the court may make 140.5 any interim orders as it deems in the best interests of the 140.6 minor in accordance with the provisions of sections 260.011 to 140.7 260.301. 140.8 (c) Except as otherwise provided in this paragraph, the 140.9 court shall exclude the general public from hearings under this 140.10 chapter and shall admit only those persons who, in the 140.11 discretion of the court, have a direct interest in the case or 140.12 in the work of the court. The court shall permit the victim of 140.13 a child's delinquent act to attend any delinquency proceeding 140.14 the victim chooses, except that the court may exclude the victim: 140.15 (1) as a witness under rule 26.03, subdivision 7, of the 140.16 Rules of Criminal Procedure; and 140.17 (2) from portions of a certification hearing to discuss 140.18 psychological material or other evidence that would not be 140.19 accessible to the public in an adult proceeding. 140.20 The court shall open the hearings to the public in delinquency 140.21 or extended jurisdiction juvenile proceedings where the child is 140.22 alleged to have committedan offensea delinquent act or has 140.23 been proven to have committedan offense that would be a felony140.24if committed by an adulta delinquent act and the child was at 140.25 least1614 years of age at the time of theoffensedelinquent 140.26 act, except that the court may exclude the public from portions 140.27 of a certification hearing to discuss psychological material or 140.28 other evidence that would not be accessible to the public in an 140.29 adult proceeding. 140.30 (d) In all delinquency cases a person named in the charging 140.31 clause of the petition as a person directly damaged in person or 140.32 property shall be entitled, upon request, to be notified by the 140.33 court administrator in writing, at the named person's last known 140.34 address, of (1) the date of the certification or adjudicatory 140.35 hearings, and (2) the disposition of the case. 140.36 (e) Adoption hearings shall be conducted in accordance with 141.1 the provisions of laws relating to adoptions. 141.2 Sec. 6. Minnesota Statutes 1997 Supplement, section 141.3 260.161, subdivision 2, is amended to read: 141.4 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as 141.5 otherwise provided in this section, and except for legal records 141.6 arising from proceedings or portions of proceedings that are 141.7 public under section 260.155, subdivision 1, none of the records 141.8 of the juvenile court and none of the records relating to an 141.9 appeal from a nonpublic juvenile court proceeding, except the 141.10 written appellate opinion, shall be open to public inspection or 141.11 their contents disclosed except(a): 141.12 (1) by order of a court, (b); 141.13 (2) as required by sections 245A.04, 611A.03, 611A.04, 141.14 611A.06, and 629.73, or (c) the name of a juvenile who is the141.15subject of a delinquency petition shall be released to; 141.16 (3) the victim oftheany alleged delinquent act may obtain 141.17 the information specified in clause (4), subclauses (i) to (vi), 141.18 upon the victim's request;, unless it reasonably appears that 141.19 the request is prompted by a desire on the part of the requester 141.20 to engage in unlawful activities; and 141.21 (4) in the case of a juvenile who has two or more prior 141.22 delinquency adjudications for felony-level or gross 141.23 misdemeanor-level delinquent acts and who is alleged by 141.24 delinquency petition to have committed a felony-level or gross 141.25 misdemeanor-level offense before reaching 14 years of age, the 141.26 following data shall be public until the juvenile reaches age 141.27 21, unless the petition is dismissed: 141.28 (i) the name and birthdate of the juvenile; 141.29 (ii) the act for which the juvenile was petitioned and date 141.30 of the offense; 141.31 (iii) the date and county where the petition was filed; 141.32 (iv) whether the juvenile was referred to a diversion 141.33 program, the petition was continued for dismissal or continued 141.34 without adjudication, or the juvenile was adjudicated 141.35 delinquent; 141.36 (v) the disposition, including, but not limited to, 142.1 diversion, probation and conditions of probation, detention, 142.2 fines, or restitution; and 142.3 (vi) the felony-level or gross misdemeanor-level acts for 142.4 which the juvenile previously was adjudicated delinquent and the 142.5 dispositions the juvenile received for those acts. 142.6 The records of juvenile probation officers and county home 142.7 schools are records of the court for the purposes of this 142.8 subdivision. Court services data relating to delinquent acts 142.9 that are contained in records of the juvenile court may be 142.10 released as allowed under section 13.84, subdivision 5a. This 142.11 subdivision applies to all proceedings under this chapter, 142.12 including appeals from orders of the juvenile court, except that 142.13 this subdivision does not apply to proceedings under section 142.14 260.255, 260.261,or 260.315 when the proceeding involves an 142.15 adult defendant. The court shall maintain the confidentiality 142.16 of adoption files and records in accordance with the provisions 142.17 of laws relating to adoptions. In juvenile court proceedings 142.18 any report or social history furnished to the court shall be 142.19 open to inspection by the attorneys of record and the guardian 142.20 ad litem a reasonable time before it is used in connection with 142.21 any proceeding before the court. 142.22 When a judge of a juvenile court, or duly authorized agent 142.23 of the court, determines under a proceeding under this chapter 142.24 that a child has violated a state or local law, ordinance, or 142.25 regulation pertaining to the operation of a motor vehicle on 142.26 streets and highways, except parking violations, the judge or 142.27 agent shall immediately report the violation to the commissioner 142.28 of public safety. The report must be made on a form provided by 142.29 the department of public safety and must contain the information 142.30 required under section 169.95. 142.31 Sec. 7. Minnesota Statutes 1997 Supplement, section 142.32 260.165, subdivision 1, is amended to read: 142.33 Subdivision 1. No child may be taken into immediate 142.34 custody except: 142.35 (a) With an order issued by the court in accordance with 142.36 the provisions of section 260.135, subdivision 5, or Laws 1997, 143.1 chapter 239, article 10, section 10, paragraph (a), clause (3), 143.2 or 12, paragraph (a), clause (3), or by a warrant issued in 143.3 accordance with the provisions of section 260.145; or 143.4 (b) In accordance with the laws relating to arrests; or 143.5 (c) By a peace officer 143.6 (1) when a child has run away from a parent, guardian, or 143.7 custodian, or when the peace officer reasonably believes the 143.8 child has run away from a parent, guardian, or custodian; or 143.9 (2) when a child is found in surroundings or conditions 143.10 which endanger the child's health or welfare or which such peace 143.11 officer reasonably believes will endanger the child's health or 143.12 welfare. If an Indian child is a resident of a reservation or 143.13 is domiciled on a reservation but temporarily located off the 143.14 reservation, the taking of the child into custody under this 143.15 clause shall be consistent with the Indian Child Welfare Act of 143.16 1978, United States Code, title 25, section 1922; 143.17 (d) By a peace officer or probation or parole officer when 143.18 it is reasonably believed that the child has violated the terms 143.19 of probation, parole, or other field supervision; or 143.20 (e) By a peace officer or probation officer under section 143.21 260.132, subdivision 1 or 4. 143.22 Sec. 8. Minnesota Statutes 1996, section 260.165, is 143.23 amended by adding a subdivision to read: 143.24 Subd. 2a. [PROTECTIVE PAT-DOWN SEARCH OF CHILD 143.25 AUTHORIZED.] (a) A peace officer who takes a child of any age or 143.26 gender into custody under the provisions of this section is 143.27 authorized to perform a protective pat-down search of the child 143.28 in order to protect the officer's safety. 143.29 (b) A peace officer also may perform a protective pat-down 143.30 search of a child in order to protect the officer's safety in 143.31 circumstances where the officer does not intend to take the 143.32 child into custody, if this section authorizes the officer to 143.33 take the child into custody. 143.34 (c) Evidence discovered in the course of a lawful search 143.35 under this section is admissible. 143.36 Sec. 9. Minnesota Statutes 1996, section 260.255, is 144.1 amended to read: 144.2 260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO 144.3 DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR 144.4 PROTECTION OR SERVICES; COURT ORDERS.] 144.5 Subdivision 1. [JURISDICTION.] The juvenile court has 144.6 civil jurisdiction over persons contributing to the delinquency, 144.7 status as a juvenile petty offender, or need for protection or 144.8 services of a child under the provisions ofsubdivision 2 or 3144.9 this section. 144.10 Subd. 1a. [PETITION; ORDER TO SHOW CAUSE.] A request for 144.11 jurisdiction over a person described in subdivision 1 shall be 144.12 initiated by the filing of a verified complaint by the county 144.13 attorney having jurisdiction over the place where the child is 144.14 found, resides, or where the alleged act of contributing 144.15 occurred. The petition shall allege the factual basis for the 144.16 claim that the person is contributing to the child's 144.17 delinquency, status as a juvenile petty offender, or need for 144.18 protection or services. If the court determines, upon review of 144.19 the verified petition, that probable cause exists to believe 144.20 that the person has contributed to the child's delinquency, 144.21 status as a juvenile petty offender, or need for protection or 144.22 services, the court shall issue an order to show cause why the 144.23 person should not be subject to the jurisdiction of the court. 144.24 The order to show cause and a copy of the verified petition 144.25 shall be served personally upon the person and shall set forth 144.26 the time and place of the hearing to be conducted under 144.27 subdivision 2. 144.28 Subd. 2. [HEARING.]If in(a) The court shall conduct a 144.29 hearing on the petition in accordance with the procedures 144.30 contained in paragraph (b). 144.31 (b) Hearings under this subdivision shall be without a jury. 144.32 The rules of evidence promulgated pursuant to section 480.0591 144.33 and the provisions under section 260.156 shall apply. In all 144.34 proceedings under this section, the court shall admit only 144.35 evidence that would be admissible in a civil trial. When the 144.36 respondent is an adult, hearings under this subdivision shall be 145.1 open to the public. Hearings shall be conducted within five 145.2 days of personal service of the order to show cause and may be 145.3 continued for a reasonable period of time if a continuance is in 145.4 the best interest of the child or in the interests of justice. 145.5 (c) At the conclusion of the hearingof a case of a child145.6alleged to be delinquent or in need of protection or services it145.7appears, if the court finds by a fair preponderance of the 145.8 evidence thatany person has violated the provisions ofthe 145.9 person has contributed to the child's delinquency, status as a 145.10 juvenile petty offender, or need for protection or services, as 145.11 defined in section 260.315, the court may make any of the 145.12 following orders: 145.13(a)(1) restrain the person from any further act or 145.14 omission in violation of section 260.315;or145.15(b)(2) prohibit the person from associating or 145.16 communicating in any manner with the child;or145.17(c) Provide for the maintenance or care of the child, if145.18the person is responsible for such, and direct when, how, and145.19where money for such maintenance or care shall be paid.145.20 (3) require the person to participate in evaluation or 145.21 services determined necessary by the court to correct the 145.22 conditions that contributed to the child's delinquency, status 145.23 as a juvenile petty offender, or need for protection or 145.24 services; 145.25 (4) require the person to provide supervision, treatment, 145.26 or other necessary care; 145.27 (5) require the person to pay restitution to a victim for 145.28 pecuniary damages arising from an act of the child relating to 145.29 the child's delinquency, status as a juvenile petty offender, or 145.30 need for protection or services; 145.31 (6) require the person to pay the cost of services provided 145.32 to the child or for the child's protection; or 145.33 (7) require the person to provide for the child's 145.34 maintenance or care if the person is responsible for the 145.35 maintenance or care, and direct when, how, and where money for 145.36 the maintenance or care shall be paid. If the person is 146.1 receiving public assistance for the child's maintenance or care, 146.2 the court shall authorize the public agency responsible for 146.3 administering the public assistance funds to make payments 146.4 directly to vendors for the cost of food, shelter, medical care, 146.5 utilities, and other necessary expenses. 146.6 Subd. 3. [CRIMINAL PROCEEDINGS.]Before making any order146.7under subdivision 2 the court shall issue an order to show146.8cause, either upon its own motion or upon a verified petition,146.9specifying the charges made against the person and fixing the146.10time and place of the hearing. The order to show cause shall be146.11served personally and shall be heard in the same manner as146.12provided in other cases in the juvenile court.The county 146.13 attorney may bring both a criminal proceeding under section 146.14 260.315 and a civil action under this section. 146.15 Sec. 10. Minnesota Statutes 1996, section 260.315, is 146.16 amended to read: 146.17 260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR 146.18 PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR 146.19 DELINQUENCY.] 146.20 Subdivision 1. [CRIMES.] (a) Any person who by act, word, 146.21 or omission encourages, causes, or contributes to the need for 146.22 protection or services or delinquency of a child, or to a 146.23 child's status as a juvenile petty offender, is guilty of 146.24 a gross misdemeanor. 146.25 (b) This section does not apply to licensed social service 146.26 agencies and outreach workers who, while acting within the scope 146.27 of their professional duties, provide services to runaway 146.28 children. 146.29 Subd. 2. [COMPLAINT; VENUE.] A complaint under this 146.30 section may be filed by the county attorney having jurisdiction 146.31 where the child is found or where a juvenile delinquency, child 146.32 protection, or juvenile petty offender matter concerning the 146.33 child is filed. The complaint shall be filed in the juvenile 146.34 court. A prior or pending petition alleging that the child is 146.35 delinquent, a juvenile petty offender, or in need of protection 146.36 or services is not a prerequisite to a complaint or a conviction 147.1 under this section. 147.2 Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to 147.3 be delinquent or a juvenile petty offender, or if the child's 147.4 conduct is the basis for the child's need for protection or 147.5 services, it is an affirmative defense to a prosecution under 147.6 subdivision 1 if the defendant proves, by a preponderance of the 147.7 evidence, that the defendant took reasonable steps to control 147.8 the child's conduct. 147.9 Sec. 11. Minnesota Statutes 1997 Supplement, section 147.10 299C.095, subdivision 1, is amended to read: 147.11 Subdivision 1. [ACCESS.] (a) The bureau shall administer 147.12 and maintain the computerized juvenile history record system 147.13 based on section 260.161 and other statutes requiring the 147.14 reporting of data on juveniles. Except as otherwise provided by 147.15 section 260.161, subdivision 2, the data in the system are 147.16 private data as defined in section 13.02, subdivision 12, but. 147.17 The data classified as private are accessible to criminal 147.18 justice agencies as defined in section 13.02, subdivision 3a, to 147.19 all trial courts and appellate courts, to a person who has 147.20 access to the juvenile court records as provided in section 147.21 260.161 or under court rule and to criminal justice agencies in 147.22 other states in the conduct of their official duties. 147.23 (b) Except for access authorized under paragraph (a), the 147.24 bureau shall only disseminate a juvenile adjudication history 147.25 record in connection with a background check required by statute 147.26 or rule and performed on a licensee, license applicant, or 147.27 employment applicant or performed under section 624.713. A 147.28 consent for release of information from an individual who is the 147.29 subject of a juvenile adjudication history is not effective and 147.30 the bureau shall not release a juvenile adjudication history 147.31 record and shall not release information in a manner that 147.32 reveals the existence of the record. 147.33 Sec. 12. Laws 1997, chapter 239, article 1, section 12, 147.34 subdivision 3, is amended to read: 147.35 Subd. 3. Juvenile Services 147.36 17,070,000 17,790,000 148.1 $500,000 each year is to plan for and 148.2 establish a weekend camp program at 148.3 Camp Ripley designed for first- or 148.4 second-timemalejuvenile offenders and 148.5 youth at risk. All youth shall be ages 148.6 11 to 14. The commissioner shall 148.7 develop eligibility standards for the 148.8 program. The camp shall be a highly 148.9 structured program and teach work 148.10 skills, such as responsibility, 148.11 organization, time management, and 148.12 follow-through. Thejuvenile offenders148.13 juveniles will each develop a community 148.14 service plan that will be implemented 148.15 upon return to the community. The 148.16 program shall receive referrals from 148.17 youth service agencies, police, school 148.18 officials, parents, and the courts. By 148.19 January 15, 1998, the commissioner 148.20 shall report to the chairs of the house 148.21 and senate criminal justice funding 148.22 divisions a proposed budget for this 148.23 camp program for the second year of the 148.24 fiscal biennium and shall include a 148.25 description of the proposed outcomes 148.26 for the program. 148.27 $100,000 the first year is to conduct 148.28 planning for and evaluation of 148.29 additional camp programs and aftercare 148.30 services for juvenile offenders, 148.31 including, but not limited to, the 148.32 Vision Quest program and a three-week 148.33 work camp. 148.34 $500,000 the first year is to renovate 148.35 two cottages at the Minnesota 148.36 correctional facility-Red Wing. 148.37 $1,021,000 the second year is to 148.38 transfer the sex offender program from 148.39 the Minnesota correctional 148.40 facility-Sauk Centre and operate it at 148.41 the Minnesota correctional facility-Red 148.42 Wing. 148.43 $333,000 the second year is for housing 148.44 and programming for female juvenile 148.45 offenders committed to the commissioner 148.46 of corrections. 148.47 $130,000 the first year and $130,000 148.48 the second year are to improve 148.49 aftercare services for juveniles 148.50 released from correctional facilities 148.51by adding two professional and one148.52clerical positions. 148.53 The commissioner shall design the 148.54 juvenile support network to provide 148.55 aftercare services for these 148.56 offenders. The network must coordinate 148.57 support services in the community for 148.58 returning juveniles. Counties, 148.59 communities, and schools must develop 148.60 and implement the network. The 148.61 commissioner shall require aftercare 148.62 programs to be incorporated into 148.63 Community Corrections Act plans. 148.64 Sec. 13. [STATE COURT ADMINISTRATOR'S REPORT.] 149.1 The state court administrator shall annually prepare and 149.2 present to the chairs of the house judiciary committee and the 149.3 senate crime prevention committee aggregate data by judicial 149.4 district on juvenile delinquency petitions. The report shall 149.5 include, but need not be limited to, information on the act for 149.6 which a delinquency petition is filed, the age of the juvenile, 149.7 the county where the petition was filed, the outcome of the 149.8 petition, such as dismissal, continuance for dismissal, 149.9 continuance without adjudication, and the disposition of the 149.10 petition such as diversion, detention, probation, restitution, 149.11 or fine. 149.12 The report shall be prepared on a calendar year basis and 149.13 shall be submitted annually beginning July 1, 1999. 149.14 Sec. 14. [LICENSING MORATORIUM; JUVENILE FACILITIES.] 149.15 Subdivision 1. [MORATORIUM; COMMISSIONER OF CORRECTIONS.] 149.16 Except as provided in subdivision 4, the commissioner of 149.17 corrections may not: 149.18 (1) issue any license under section 241.021 to operate a 149.19 new correctional facility for the detention or confinement of 149.20 juvenile offenders that will include more than 25 beds for 149.21 juveniles; or 149.22 (2) renew a license under section 241.021 to operate a 149.23 correctional facility licensed before the effective date of this 149.24 moratorium, for the detention or confinement of juvenile 149.25 offenders, if the number of beds in the facility will increase 149.26 by more than 25 beds since the time the most recent license was 149.27 issued. 149.28 Subd. 2. [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] 149.29 Except as provided in subdivision 4, the commissioner of human 149.30 services may not: 149.31 (1) issue any license under Minnesota Rules, parts 149.32 9545.0905 to 9545.1125, for the residential placement of 149.33 juveniles at a facility that will include more than 25 beds for 149.34 juveniles; or 149.35 (2) renew a license under Minnesota Rules, parts 9545.0905 149.36 to 9545.1125, for the residential placement of juveniles at a 150.1 facility licensed before the effective date of this moratorium, 150.2 if the number of beds in the facility will increase by more than 150.3 25 beds since the time the most recent license was issued. 150.4 Subd. 3. [MORATORIUM; OTHER BEDS.] Except as provided in 150.5 subdivision 4, no state agency may: 150.6 (1) issue a license for any new facility that will provide 150.7 an out-of-home placement for more than 25 juveniles at one time; 150.8 or 150.9 (2) renew a license for any existing facility licensed 150.10 before the effective date of this moratorium, if the number of 150.11 beds in the facility will increase by more than 25 beds since 150.12 the time the most recent license was issued. 150.13 For the purposes of this subdivision, "juvenile" means a 150.14 delinquent child, as defined in section 260.015, subdivision 5; 150.15 a juvenile petty offender, as defined in section 260.015, 150.16 subdivision 21; or a child in need of protection or services, as 150.17 defined in section 260.015, subdivision 2a. 150.18 Subd. 4. [EXEMPTIONS.] The moratorium in this section does 150.19 not apply to: 150.20 (1) any secure juvenile detention and treatment facility, 150.21 which is funded in part through a grant under 1994 Minnesota 150.22 Laws, chapter 643, section 79; 150.23 (2) the department of corrections facilities at Red Wing 150.24 and Sauk Centre; 150.25 (3) the proposed department of corrections facility at Camp 150.26 Ripley; 150.27 (4) any facility that submitted a formal request for 150.28 licensure under section 241.021 before December 31, 1997; 150.29 (5) any residential academy receiving state funding for 150.30 fiscal year 1998 or 1999 for capital improvements; and 150.31 (6) a license that replaces an existing license issued by 150.32 the commissioner of health to a psychiatric hospital in Rice 150.33 county that primarily serves children and adolescents, which new 150.34 license replaces one-for-one the number of beds previously 150.35 licensed by the commissioner of health. 150.36 Subd. 5. [MORATORIUM; LENGTH.] The moratorium in this 151.1 section stays in effect until June 30, 1999. 151.2 Sec. 15. [JUVENILE PLACEMENT STUDY.] 151.3 The legislative audit commission is requested to direct the 151.4 legislative auditor to conduct a study of juvenile out-of-home 151.5 placements. The study must include: 151.6 (1) an evaluation of existing placements for juveniles, 151.7 including, but not limited to, the number of beds at each 151.8 facility, the average number of beds occupied each day at each 151.9 facility, and the location of each facility, and an analysis of 151.10 the projected need for an increased number of beds for juvenile 151.11 out-of-home placements, including the geographic area where beds 151.12 will be needed; 151.13 (2) an evaluation of existing services and programming 151.14 provided in juvenile out-of-home placements and an assessment of 151.15 the types of services and programming that are needed in 151.16 juvenile out-of-home placements, by geographic area; 151.17 (3) an evaluation of the utilization of continuum of care; 151.18 (4) an assessment of the reasons why juveniles are placed 151.19 outside their homes; 151.20 (5) a summary of the demographics of juveniles placed 151.21 outside their homes, by county, including information on race, 151.22 gender, age, and other relevant factors; 151.23 (6) a summary of the geographic distance between the 151.24 juvenile's home and the location of the out-of-home placement, 151.25 including observations for the reasons a juvenile was placed at 151.26 a particular location; 151.27 (7) a determination of the average length of time that a 151.28 juvenile in Minnesota spends in an out-of-home placement and a 151.29 determination of the average length of time that a juvenile 151.30 spends in each type of out-of-home placement, including, but not 151.31 limited to, residential treatment centers, correctional 151.32 facilities, and group homes; 151.33 (8) a determination of the completion rates of juveniles 151.34 participating in programming in out-of-home placements and an 151.35 analysis of the reasons for noncompletion of programming; 151.36 (9) a determination of the percentage of juveniles whose 152.1 out-of-home placement ends due to the juvenile's failure to meet 152.2 the rules and conditions of the out-of-home placement and an 152.3 analysis of the reasons the juvenile failed; 152.4 (10) an analysis of the effectiveness of the juvenile 152.5 out-of-home placement, including information on recidivism, 152.6 where applicable, and the child's performance after returning to 152.7 the child's home; 152.8 (11) an estimate of the cost each county spends on juvenile 152.9 out-of-home placements; 152.10 (12) a description and examination of the per diem 152.11 components per offender at state, local, and private facilities 152.12 providing placements for juveniles; and 152.13 (13) any other issues that may affect juvenile out-of-home 152.14 placements. 152.15 If the commission directs the auditor to conduct this 152.16 study, the auditor shall report its findings to the chairs of 152.17 the house and senate committees and divisions with jurisdiction 152.18 over criminal justice policy and funding by January 15, 1999. 152.19 Sec. 16. [REPEALER.] 152.20 Minnesota Statutes 1996, section 260.261, is repealed. 152.21 Sec. 17. [EFFECTIVE DATE.] 152.22 Sections 1, 7, 8, 12, 14, and 15 are effective the day 152.23 following final enactment. Sections 2 to 6, 9 to 11, 13, and 16 152.24 are effective August 1, 1998, and apply to acts occurring on or 152.25 after that date. 152.26 ARTICLE 11 152.27 OTHER PROVISIONS 152.28 Section 1. Minnesota Statutes 1996, section 12.09, is 152.29 amended by adding a subdivision to read: 152.30 Subd. 9. [VOLUNTEER RESOURCES COORDINATION.] The division 152.31 shall provide ongoing coordination of a network of state, local, 152.32 and federal government agencies and private organizations to 152.33 ensure the smooth coordination of donations and volunteerism 152.34 during major disasters. Duties include: 152.35 (1) hotline management, including training, staffing, 152.36 information distribution, and coordination with emergency 153.1 operations management; 153.2 (2) coordination between government and private relief 153.3 agencies; 153.4 (3) networking with volunteer organizations; 153.5 (4) locating resources for anticipated disaster needs and 153.6 making these resources available to local governments in a 153.7 database; 153.8 (5) training in disaster preparation; 153.9 (6) revising existing plans based on experience with 153.10 disasters and testing the plans with simulated disasters; and 153.11 (7) maintaining public information about disaster donations 153.12 and volunteerism. 153.13 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended 153.14 by adding a subdivision to read: 153.15 Subd. 90c. [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 153.16 arson investigative data system are classified in section 153.17 299F.04, subdivision 3a. 153.18 Sec. 3. Minnesota Statutes 1997 Supplement, section 153.19 168.042, subdivision 11a, is amended to read: 153.20 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION 153.21 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 153.22 vehicles reinstates a person's registration plates after 153.23 impoundment for reasons other than those described in 153.24 subdivision 11, the registrar shall charge the person$25$50 153.25 for each vehicle for which the registration plates are being 153.26 reinstated.Money raised under this subdivision must be paid153.27into the state treasury and credited to the highway user tax153.28distribution fund.153.29 Sec. 4. Minnesota Statutes 1996, section 168.042, 153.30 subdivision 12, is amended to read: 153.31 Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 153.32 violator or registered owner may apply to the commissioner for 153.33 new registration plates, which must bear a special series of 153.34 numbers or letters so as to be readily identified by traffic law 153.35 enforcement officers. The commissioner may authorize the 153.36 issuance of special plates if: 154.1 (1) the violator has a qualified licensed driver whom the 154.2 violator must identify; 154.3 (2) the violator or registered owner has a limited license 154.4 issued under section 171.30; 154.5 (3) the registered owner is not the violator and the 154.6 registered owner has a valid or limited driver's license; or 154.7 (4) a member of the registered owner's household has a 154.8 valid driver's license. 154.9 The commissioner may issue the special plates on payment of a 154.10$25$50 fee for each vehicle for which special plates are 154.11 requested. 154.12 Sec. 5. Minnesota Statutes 1996, section 168.042, 154.13 subdivision 15, is amended to read: 154.14 Subd. 15. [FEES CREDITED TO HIGHWAY USER FUND.] Fees 154.15 collected from the sale or reinstatement of license plates under 154.16 this section must be paid into the state treasury and 154.17 credited one-half to the highway user tax distribution fund and 154.18 one-half to the general fund. 154.19 Sec. 6. [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 154.20 PROGRAM.] 154.21 Subdivision 1. [DEFINITIONS.] As used in this section, the 154.22 following terms have the meaning given them in this subdivision. 154.23 (a) "Breath analyzer unit" means a device that performs 154.24 breath alcohol testing and is connected to a remote electronic 154.25 alcohol monitoring system. 154.26 (b) "Remote electronic alcohol monitoring system" means a 154.27 system that remotely electronically monitors the alcohol 154.28 concentration of individuals in their homes or other locations 154.29 to ensure compliance with court-ordered conditions of pretrial 154.30 release, supervised release, or probation. 154.31 Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the 154.32 conference of chief judges, the state court administrator, and 154.33 the commissioner of public safety, the commissioner of 154.34 corrections shall establish a program to use breath analyzer 154.35 units to monitor DWI offenders who are ordered to abstain from 154.36 alcohol use as a condition of pretrial release, supervised 155.1 release, or probation. The program must include procedures to 155.2 ensure that violators of this condition of release receive swift 155.3 consequences for the violation. 155.4 Offenders who are ordered to participate in the program 155.5 shall also be ordered to pay the per diem cost of the monitoring 155.6 unless the offender is indigent. The commissioner of 155.7 corrections shall reimburse the judicial districts in a manner 155.8 proportional to their use of remote electronic alcohol 155.9 monitoring for any costs the districts incur in participating in 155.10 the program. 155.11 After five years, the commissioner of corrections shall 155.12 evaluate the effectiveness of the program and shall report the 155.13 results of this evaluation to the conference of chief judges, 155.14 the state court administrator, the commissioner of public 155.15 safety, and the chairs of the house of representatives and 155.16 senate committees having jurisdiction over criminal justice 155.17 policy and finance. 155.18 Sec. 7. Minnesota Statutes 1997 Supplement, section 155.19 169.123, subdivision 5c, is amended to read: 155.20 Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 155.21 days following receipt of a notice and order of revocation or 155.22 disqualification pursuant to this section, a person may petition 155.23 the court for review. The petition shall be filed with the 155.24 district court administrator in the county where the alleged 155.25 offense occurred, together with proof of service of a copy on 155.26 the commissioner of public safety, and accompanied by the 155.27 standard filing fee for civil actions. No responsive pleading 155.28 shall be required of the commissioner of public safety, and no 155.29 court fees shall be charged for the appearance of the 155.30 commissioner of public safety in the matter. 155.31 (b) The petition must: 155.32 (1) be captioned in the full name of the person making the 155.33 petition as petitioner and the commissioner of public safety as 155.34 respondent; 155.35 (2) include the petitioner's date of birth, driver's 155.36 license number, and date of the offense; and 156.1 (3) state with specificity the grounds upon which the 156.2 petitioner seeks rescission of the order of revocation, 156.3 disqualification, or denial and state thefactstheory 156.4 underlying each claim asserted. 156.5 (c) The filing of the petition shall not stay the 156.6 revocation, disqualification, or denial. The reviewing court 156.7 may order a stay of the balance of the revocation or 156.8 disqualification if the hearing has not been conducted within 60 156.9 days after filing of the petition upon terms the court deems 156.10 proper. 156.11 (d) Judicial reviews shall be conducted according to the 156.12 rules of civil procedureexcept that prehearing discovery is156.13mandatory and is limited to:156.14(1) the notice of revocation;156.15(2) the test record, or in the case of blood or urine156.16tests, the certificate of analysis;156.17(3) the peace officer's certificate and any accompanying156.18documentation submitted by the arresting officer to the156.19commissioner of public safety; and156.20(4) disclosure of potential witnesses, including experts,156.21and the basis of their testimony.156.22Other types of discovery are not available. 156.23 Sec. 8. Minnesota Statutes 1997 Supplement, section 156.24 171.29, subdivision 2, is amended to read: 156.25 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 156.26 license has been revoked as provided in subdivision 1, except 156.27 under section 169.121 or 169.123, shall pay a $30 fee before the 156.28 driver's license is reinstated. 156.29 (b) A person whose driver's license has been revoked as 156.30 provided in subdivision 1 under section 169.121 or 169.123 shall 156.31 pay a $250 fee plus a$10$40 surcharge before the driver's 156.32 license is reinstated. The $250 fee is to be credited as 156.33 follows: 156.34 (1) Twenty percent shall be credited to the trunk highway 156.35 fund. 156.36 (2) Fifty-five percent shall be credited to the general 157.1 fund. 157.2 (3) Eight percent shall be credited to a separate account 157.3 to be known as the bureau of criminal apprehension account. 157.4 Money in this account may be appropriated to the commissioner of 157.5 public safety and the appropriated amount shall be apportioned 157.6 80 percent for laboratory costs and 20 percent for carrying out 157.7 the provisions of section 299C.065. 157.8 (4) Twelve percent shall be credited to a separate account 157.9 to be known as the alcohol-impaired driver education account. 157.10 Money in the account is appropriated as follows: 157.11 (i) The first $200,000 in a fiscal year is to the 157.12 commissioner of children, families, and learning for programs in 157.13 elementary and secondary schools. 157.14 (ii) The remainder credited in a fiscal year is 157.15 appropriated to the commissioner of transportation to be spent 157.16 as grants to the Minnesota highway safety center at St. Cloud 157.17 State University for programs relating to alcohol and highway 157.18 safety education in elementary and secondary schools. 157.19 (5) Five percent shall be credited to a separate account to 157.20 be known as the traumatic brain injury and spinal cord injury 157.21 account. $100,000 is annually appropriated from the account to 157.22 the commissioner of human services for traumatic brain injury 157.23 case management services. The remaining money in the account is 157.24 annually appropriated to the commissioner of health to establish 157.25 and maintain the traumatic brain injury and spinal cord injury 157.26 registry created in section 144.662 and to reimburse the 157.27 commissioner of economic security for the reasonable cost of 157.28 services provided under section 268A.03, clause (o). 157.29 (c) The$10$40 surcharge shall be credited to a separate 157.30 account to be known as the remote electronic alcohol monitoring 157.31pilotprogram account. The commissioner shall transfer the 157.32 balance of this account to the commissioner of finance on a 157.33 monthly basis for deposit in the general fund. 157.34 Sec. 9. Minnesota Statutes 1996, section 299F.04, is 157.35 amended by adding a subdivision to read: 157.36 Subd. 3a. [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 158.1 in this section, "criminal justice agency" means state and local 158.2 prosecution authorities, state and local law enforcement 158.3 agencies, local fire departments, and the office of state fire 158.4 marshal. 158.5 (b) The state fire marshal shall administer and maintain a 158.6 computerized arson investigative data system for the purpose of 158.7 assisting criminal justice agencies in the investigation and 158.8 prosecution of suspected arson violations. This data system is 158.9 separate from the reporting system maintained by the department 158.10 of public safety under section 299F.05, subdivision 2. The 158.11 system consists of data on individuals who are 14 years old or 158.12 older who law enforcement agencies determine are or may be 158.13 engaged in arson activity. Notwithstanding section 260.161, 158.14 subdivision 3, data in the system on adults and juveniles may be 158.15 maintained together. Data in the system must be submitted and 158.16 maintained as provided in this subdivision. 158.17 (c) Subject to the provisions of paragraph (d), a criminal 158.18 justice agency may submit the following data on suspected arson 158.19 violations to the arson investigative data system: 158.20 (1) the suspect's name, known aliases, if any, and other 158.21 identifying characteristics; 158.22 (2) the modus operandi used to commit the violation, 158.23 including means of ignition; 158.24 (3) any known motive for the violation; 158.25 (4) any other crimes committed as part of the same 158.26 behavioral incident; 158.27 (5) the address of the building, the building owner's 158.28 identity, and the building occupant's identity; and 158.29 (6) the name of the reporting agency and a contact person. 158.30 A criminal justice agency that reports data to the arson 158.31 investigative data system shall maintain records documenting the 158.32 data in its own records system for at least the time period 158.33 specified in paragraph (e). 158.34 (d) The state fire marshal shall maintain in the arson 158.35 investigative data system any of the data reported under 158.36 paragraph (c) that the fire marshal believes will assist in the 159.1 investigation and prosecution of arson cases. In lieu of or in 159.2 connection with any of these data, the state fire marshal may 159.3 include in the data system a reference to the criminal justice 159.4 agency that originally reported the data, with a notation to 159.5 system users that the agency is the repository of more detailed 159.6 information on the particular suspected arson violation. 159.7 (e) Notwithstanding section 138.17, the state fire marshal 159.8 shall destroy data on juveniles entered into the system when 159.9 three years have elapsed since the data were entered into the 159.10 system, except as otherwise provided in this paragraph. If the 159.11 fire marshal has information that, since entry of data into the 159.12 system, the juvenile has been convicted as an adult or has been 159.13 adjudicated or has a stayed adjudication as a juvenile for an 159.14 offense that would be a crime if committed by an adult, the data 159.15 must be maintained until three years have elapsed since the last 159.16 record of a conviction, adjudication, or stayed adjudication of 159.17 the individual. Upon request of the criminal justice agency 159.18 that submitted data to the system, the state fire marshal shall 159.19 destroy the data regardless of whether three years have elapsed 159.20 since the data were entered into the system. 159.21 (f) Data in the arson investigative data system are 159.22 confidential data on individuals as defined in section 13.02, 159.23 subdivision 3, but are accessible to criminal justice agencies. 159.24 Sec. 10. Minnesota Statutes 1996, section 299M.01, 159.25 subdivision 7, is amended to read: 159.26 Subd. 7. [FIRE PROTECTION SYSTEM.] "Fire protection 159.27 system" means a sprinkler, standpipe, hose system, or other 159.28 special hazard system for fire protection purposes only, that is 159.29 composed of an integrated system of underground and overhead 159.30 piping connected to apotablewater source. "Fire protection 159.31 system" does not include the water service piping to a city 159.32 water main, or piping used for potable water purposes, or piping 159.33 used for heating or cooling purposes. Openings from potable 159.34 water piping for fire protection systems must be made by persons 159.35 properly licensed under section 326.40. Persons properly 159.36 licensed under section 326.40 may also sell, design, install, 160.1 modify or inspect a standpipe, hose system only. 160.2 Sec. 11. Minnesota Statutes 1996, section 299M.02, is 160.3 amended to read: 160.4 299M.02 [ADVISORY COUNCIL.] 160.5 Subdivision 1. [COMPENSATION; REMOVAL; EXPIRATION160.6 CREATION.] TheMinnesotacommissioner shall establish a fire 160.7 protection advisory councilon fire protection systems and its160.8members are governed by section 15.059, except that the terms of160.9members are governed by subdivision 2. 160.10 Subd. 2. [MEMBERSHIP.] The council consists of the 160.11 commissioner of public safety, or the commissioner's designee, 160.12the commissioner of labor and industry or the commissioner's160.13designee,and eight members appointed for a term of three years 160.14 by thegovernorcommissioner. Two members must be licensed fire 160.15 protection contractors or full-time, managing employees actively 160.16 engaged in a licensed fire protection contractor business. Two 160.17 members must be journeyman sprinkler fitters certified as 160.18 competent under this chapter. One member of the council must be 160.19 an active member of the Minnesota State Fire Chiefs 160.20 Association. One member must be an active member of the Fire 160.21 Marshals Association of Minnesota. One member must be a 160.22 building official certified by the department of administration, 160.23 who is professionally competent in fire protection system 160.24 inspection. One member must be a member of the general public. 160.25 Thecommissionerscommissioner ortheir designees aredesignee 160.26 is a nonvotingmembersmember. 160.27 Subd. 3. [DUTIES.] The council shall advise the 160.28commissionerscommissioner of public safetyand labor and160.29industryon matters within the council's expertise or under the 160.30 regulation of thecommissionerscommissioner. 160.31 Sec. 12. Minnesota Statutes 1996, section 299M.03, 160.32 subdivision 1, is amended to read: 160.33 Subdivision 1. [CONTRACTOR LICENSE.] Except for 160.34 residential installations by the owner of an occupied one- or 160.35 two-family dwelling, a person may not sell, design, install, 160.36 modify, or inspect a fire protection system, its parts, or 161.1 related equipment, or offer to do so, unless annually licensed 161.2 to perform these duties as a fire protection contractor. No 161.3 license is required under this section for a person licensed as 161.4 a professional engineer under section 326.03 who is competent in 161.5 fire protection system design or a person licensed as an alarm 161.6 and communication contractor under section 326.2421 for 161.7 performing activities authorized by that license. 161.8 Sec. 13. Minnesota Statutes 1996, section 299M.03, 161.9 subdivision 2, is amended to read: 161.10 Subd. 2. [JOURNEYMAN CERTIFICATE.] Except for residential 161.11 installations by the owner of an occupied one- or two-family 161.12 dwelling, a person may not install, connect, alter, repair, or 161.13 add to a fire protection system, under the supervision of a fire 161.14 protection contractor, unless annually certified to perform 161.15 those duties as a journeyman sprinkler fitter or as a registered 161.16 apprentice sprinkler fitter. This subdivision does not apply to 161.17 a person altering or repairing a fire protection system if the 161.18 system uses low pressure water and the system is located in a 161.19 facility regulated under the federal Mine Occupational Safety 161.20 and Health Act. 161.21 Sec. 14. Minnesota Statutes 1996, section 299M.04, is 161.22 amended to read: 161.23 299M.04 [RULES;SETTINGFEES; ORDERS; PENALTIES.] 161.24 The commissioner shall adopt permanent rules for operation 161.25 of the council; regulation by municipalities; permit, filing, 161.26 inspection, certificate, and license fees; qualifications, 161.27 examination, and licensing of fire protection contractors; 161.28 certification of journeyman sprinkler fitters; registration of 161.29 apprentices; and the administration and enforcement of this 161.30 chapter. Fees must be set under section 16A.1285. Permit fees 161.31 must be a percentage of the total cost of the fire protection 161.32 work. 161.33 The commissioner may issue a cease and desist order to 161.34 cease an activity considered an immediate risk to public health 161.35 or public safety. The commissioner shall adopt permanent rules 161.36 governing when an order may be issued; how long the order is 162.1 effective; notice requirements; and other procedures and 162.2 requirements necessary to implement, administer, and enforce the 162.3 provisions of this chapter. 162.4 The commissioner, in place of or in addition to licensing 162.5 sanctions allowed under this chapter, may impose a civil penalty 162.6 not greater than $1,000 for each violation of this chapter or 162.7 rule adopted under this chapter, for each day of violation. The 162.8 commissioner shall adopt permanent rules governing and 162.9 establishing procedures for implementation, administration, and 162.10 enforcement of this paragraph. 162.11 Sec. 15. Minnesota Statutes 1996, section 299M.08, is 162.12 amended to read: 162.13 299M.08 [PENALTY.] 162.14 It is a misdemeanor for any person to intentionally commit 162.15 or direct another person to commit either of the following acts: 162.16 (1) to make a false statement in a license application, 162.17 request for inspection, certificate, or other form or statement 162.18 authorized or required under this chapter; or 162.19 (2) to perform fire protection system work without a proper 162.20 permit, when required,andor without a license or certificate 162.21 for that work. 162.22 Sec. 16. Minnesota Statutes 1996, section 299M.12, is 162.23 amended to read: 162.24 299M.12 [CONFLICTS OF LAWS.] 162.25 This chapter is not intended to conflict with and does not 162.26 supersede the Minnesota state building code,or the Minnesota 162.27 uniform fire code, or other state law. 162.28 Sec. 17. Minnesota Statutes 1996, section 363.03, is 162.29 amended by adding a subdivision to read: 162.30 Subd. 3a. [CERTAIN PUBLIC ACCOMMODATIONS.] It is an unfair 162.31 discriminatory practice to discriminate against an individual 162.32 with respect to access or admission to a place of public 162.33 accommodation solely because of the individual's mode of 162.34 transportation or solely because the individual has, on the 162.35 individual's clothing, the name of an organization or 162.36 association other than a criminal gang as defined in section in 163.1 section 609.229, subdivision 1. 163.2 Sec. 18. [363.30] [FAIR HOUSING INITIATIVE.] 163.3 Subdivision 1. [DEFINITIONS.] For the purposes of sections 163.4 363.30 to 363.33, the terms in this section have the meanings 163.5 given them. 163.6 Subd. 2. [ELIGIBLE ORGANIZATION.] "Eligible organization" 163.7 means a nonprofit organization that has at least one year of 163.8 experience in at least two of the following fair housing 163.9 activities: 163.10 (1) housing discrimination complaint intake and 163.11 investigation; 163.12 (2) testing for housing discrimination; 163.13 (3) community auditing for housing discrimination; 163.14 (4) legal representation of persons concerning their 163.15 housing discrimination claims; 163.16 (5) public education about rights and obligations under 163.17 fair housing laws; and 163.18 (6) outreach programs to build public support for fair 163.19 housing and to prevent housing discrimination. 163.20 Subd. 3. [HOUSING DISCRIMINATION.] "Housing discrimination" 163.21 means a violation of a federal or state law, or of a local 163.22 ordinance, that prohibits housing discrimination, including, but 163.23 not limited to, an unfair discriminatory practice under section 163.24 363.03, subdivision 2 or 2a, and a discriminatory housing 163.25 practice in violation of the federal Fair Housing Act, United 163.26 States Code, title 42, section 3601, et seq. 163.27 Sec. 19. [363.33] [FAIR HOUSING GRANTS.] 163.28 Subdivision 1. [GENERAL.] The commissioner may make grants 163.29 to eligible organizations for fair housing activities to prevent 163.30 or eliminate housing discrimination as provided in this section. 163.31 Subd. 2. [ENFORCEMENT GRANTS.] The commissioner may make 163.32 grants to eligible organizations to remedy housing 163.33 discrimination through complaint intake, investigation, and 163.34 legal representation of persons alleging housing discrimination. 163.35 Subd. 3. [EDUCATION, OUTREACH GRANTS.] The commissioner 163.36 may make grants to eligible organizations to: 164.1 (1) provide public education concerning fair housing; 164.2 (2) undertake outreach efforts to build community support 164.3 for fair housing; 164.4 (3) undertake testing and community auditing for housing 164.5 discrimination; and 164.6 (4) perform other fair housing and housing discrimination 164.7 research. 164.8 Testing for housing discrimination funded by grants made 164.9 under this section may be conducted only by persons trained in 164.10 testing techniques and may not be conducted by a person 164.11 convicted of a felony or other crime involving fraud or 164.12 dishonesty. 164.13 Subd. 4. [SPECIAL PROJECTS.] The commissioner may make 164.14 grants to eligible organizations to carry out special projects 164.15 to address new or sophisticated forms of housing discrimination. 164.16 Sec. 20. Minnesota Statutes 1996, section 609A.03, 164.17 subdivision 2, is amended to read: 164.18 Subd. 2. [CONTENTS OF PETITION.] A petition for 164.19 expungement shall be signed under oath by the petitioner and 164.20 shall state the following: 164.21 (1) the petitioner's full name and all other legal names or 164.22 aliases by which the petitioner has been known at any time; 164.23 (2) the petitioner's date of birth; 164.24 (3) all of the petitioner's addresses from the date of the 164.25 offense or alleged offense in connection with which an 164.26 expungement order is sought, to the date of the petition; 164.27 (4) why expungement is sought, if it is for employment or 164.28 licensure purposes, the statutory or other legal authority under 164.29 which it is sought, and why it should be granted; 164.30 (5) the details of the offense or arrest for which 164.31 expungement is sought, including date and jurisdiction of the 164.32 occurrence, court file number, and date of conviction or of 164.33 dismissal; 164.34 (6) in the case of a conviction, what steps the petitioner 164.35 has taken since the time of the offense toward personal 164.36 rehabilitation, including treatment, work, or other personal 165.1 history that demonstrates rehabilitation; 165.2 (7) petitioner's criminal conviction record indicating all 165.3 convictions for misdemeanors, gross misdemeanors, or felonies in 165.4 this state, and for all comparable convictions in any other 165.5 state, federal court, or foreign country, whether the 165.6 convictions occurred before or after the arrest or conviction 165.7 for which expungement is sought;and165.8 (8) petitioner's criminal charges record indicating all 165.9 prior and pending criminal charges against the petitioner in 165.10 this state or another jurisdiction, including all criminal 165.11 charges that have been continued for dismissal or stayed for 165.12 adjudication, or have been the subject of pretrial diversion; 165.13 and 165.14 (9) all prior requests by the petitioner, whether for the 165.15 present offense or for any other offenses, in this state or any 165.16 other state or federal court, for pardon, return of arrest 165.17 records, or expungement or sealing of a criminal record, whether 165.18 granted or not, and all stays of adjudication or imposition of 165.19 sentence involving the petitioner. 165.20 Sec. 21. Minnesota Statutes 1997 Supplement, section 165.21 504.181, subdivision 1, is amended to read: 165.22 Subdivision 1. [TERMS OF COVENANT.] In every lease or 165.23 license of residential premises, whether in writing or parol, 165.24 the lessor or licensor and the lessee or licensee covenant that: 165.25 (1) neither will: 165.26 (i) unlawfully allow controlled substances in those 165.27 premises or in the common area and curtilage of the premises; 165.28 (ii) allow prostitution or prostitution-related activity as 165.29 defined in section 617.80, subdivision 4, to occur on the 165.30 premises or in the common area and curtilage of the premises;or165.31 (iii) allow the unlawful use or possession of a firearm in 165.32 violation of section 609.66, subdivision 1a, 609.67, or 624.713, 165.33 on the premises or in the common area and curtilage of the 165.34 premises; or 165.35 (iv) allow stolen property or property obtained by robbery 165.36 in those premises or in the common area and curtilage of the 166.1 premises; and 166.2 (2) the common area and curtilage of the premises will not 166.3 be used by either the lessor or licensor or the lessee or 166.4 licensee or others acting under the control of either to 166.5 manufacture, sell, give away, barter, deliver, exchange, 166.6 distribute, purchase, or possess a controlled substance in 166.7 violation of any criminal provision of chapter 152. 166.8 The covenant is not violated when a person other than the 166.9 lessor or licensor or the lessee or licensee possesses or allows 166.10 controlled substances in the premises, common area, or 166.11 curtilage, unless the lessor or licensor or the lessee or 166.12 licensee knew or had reason to know of that activity. 166.13 Sec. 22. [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE 166.14 OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 166.15 Subdivision 1. [DEFINITIONS.] As used in this section: 166.16 (1) "just compensation" means the compensation owed to an 166.17 innocent third party under the state constitution by a Minnesota 166.18 local government unit due to property damage caused by a peace 166.19 officer, acting without negligence, in the course of executing a 166.20 search warrant or apprehending a criminal suspect; and 166.21 (2) "peace officer" has the meaning given in section 626.84. 166.22 Subd. 2. [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 166.23 WARRANT.] If just compensation is owed for damage caused in the 166.24 execution of a search warrant or the apprehension of a criminal 166.25 suspect, the Minnesota local government unit employing the peace 166.26 officer who sought issuance of the warrant or initiated the 166.27 apprehension is responsible for paying the compensation. If the 166.28 search warrant is executed or the apprehension is accomplished 166.29 by a peace officer from another Minnesota local government unit 166.30 in aid of the officer originating the warrant or initiating the 166.31 apprehension, the primary responsibility for paying just 166.32 compensation remains with the Minnesota local government unit 166.33 employing the officer who originated the warrant or initiated 166.34 the apprehension. 166.35 Sec. 23. [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND 166.36 OF LAKE SUPERIOR CHIPPEWA.] 167.1 Subdivision 1. [DEFINITION.] As used in this section, 167.2 "band" means the Fond du Lac Band of Lake Superior Chippewa, a 167.3 federally recognized Indian tribe organized pursuant to the 167.4 Indian Reorganization Act of 1934, 25 United States Code, 167.5 section 476, and which occupies the Fond du Lac reservation 167.6 pursuant to the Treaty of LaPointe, 10 Stat. 1109. 167.7 Subd. 2. [LAW ENFORCEMENT AGENCY.] (a) The band has the 167.8 powers of a law enforcement agency, as defined in section 167.9 626.84, subdivision 1, paragraph (h), if all of the requirements 167.10 of clauses (1) to (4) and paragraph (b) are met: 167.11 (1) the band agrees to be subject to liability for its 167.12 torts and those of its officers, employees, and agents acting 167.13 within the scope of their employment or duties arising out of 167.14 the law enforcement agency powers conferred by this section to 167.15 the same extent as a municipality under chapter 466, and the 167.16 band further agrees, notwithstanding section 16B.06, subdivision 167.17 6, to waive its sovereign immunity for purposes of claims 167.18 arising out of this liability; 167.19 (2) the band files with the board of peace officer 167.20 standards and training a bond or certificate of insurance for 167.21 liability coverage for the maximum amounts set forth in section 167.22 466.04 or establishes that liability coverage exists under the 167.23 Federal Torts Claims Act, 28 United States Code, section 167.24 1346(b), et. al., as extended to the band pursuant to the Indian 167.25 Self-Determination and Education Assistance Act of 1975, 25 167.26 United States Code, section 450f(c); 167.27 (3) the band files with the board of peace officer 167.28 standards and training a certificate of insurance for liability 167.29 of its law enforcement officers, employees, and agents for 167.30 lawsuits under the United States Constitution or establishes 167.31 that liability coverage exists under the Federal Torts Claims 167.32 Act, 28 United States Code, section 1346(b) et al., as extended 167.33 to the band pursuant to the Indian Self-Determination and 167.34 Education Assistance Act of 1975, 25 United States Code, section 167.35 450F(c); and 167.36 (4) the band agrees to be subject to section 13.82 and any 168.1 other laws of the state relating to data practices of law 168.2 enforcement agencies. 168.3 (b) By July 1, 1998, the band shall enter into written 168.4 mutual aid or cooperative agreements with the Carlton county 168.5 sheriff, the St. Louis county sheriff, and the city of Cloquet 168.6 under section 471.59 to define and regulate the provision of law 168.7 enforcement services under this section. The agreements must 168.8 define the following: 168.9 (1) the trust property involved in the joint powers 168.10 agreement; 168.11 (2) the responsibilities of the county sheriffs; 168.12 (3) the responsibilities of the county attorneys; and 168.13 (4) the responsibilities of the city of Cloquet city 168.14 attorney and police department. 168.15 Subd. 3. [CONCURRENT JURISDICTION.] The band shall have 168.16 concurrent jurisdictional authority under this section with the 168.17 Carlton county and St. Louis county sheriffs' departments over 168.18 crimes committed within the boundaries of the Fond du Lac 168.19 reservation as indicated by the mutual aid or cooperative 168.20 agreements entered into under subdivision 2, paragraph (b), and 168.21 any exhibits or attachments to those agreements. 168.22 Subd. 4. [PEACE OFFICERS.] If the band complies with the 168.23 requirements set forth in subdivision 2, the band is authorized 168.24 to appoint peace officers, as defined in section 626.84, 168.25 subdivision 1, paragraph (c), who have the same powers as peace 168.26 officers employed by local units of government. 168.27 Subd. 5. [EFFECT ON FEDERAL LAW.] Nothing in this section 168.28 shall be construed to restrict the band's authority under 168.29 federal law. 168.30 Subd. 6. [CONSTRUCTION.] This section is limited to law 168.31 enforcement authority only, and nothing in this section shall 168.32 affect any other jurisdictional relationships or disputes 168.33 involving the band. 168.34 Sec. 24. [STUDY.] 168.35 The commissioner of public safety shall study the issue of 168.36 licensing private fire investigators and report findings to the 169.1 chairs of the senate crime prevention and house judiciary 169.2 committees by January 15, 1999. 169.3 Sec. 25. [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.] 169.4 Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota 169.5 Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 169.6 administration shall convey to the city of Faribault for no 169.7 consideration the land described in subdivision 3. 169.8 Subd. 2. [FORM.] The conveyance must be in a form approved 169.9 by the attorney general and must provide that the land reverts 169.10 to the state if Parcels A and B cease to be used for a nature 169.11 interpretive center and recreational trail system or if Parcel C 169.12 ceases to be used for a municipal park. 169.13 Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are 169.14 those parts of Section 31, 32, and 33 in Township 110 North, 169.15 Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 169.16 Township 109 North, Range 20 West, in the city of Faribault, 169.17 Rice county, Minnesota, described as follows: 169.18 (1) Parcel A: Beginning at the Southeast corner of the 169.19 Southeast Quarter of said Section 31; thence South 89 169.20 degrees, 58 minutes, 35 seconds West, along the South line 169.21 of said Southeast Quarter (for purposes of this description 169.22 bearings are assumed and based on said South line being 169.23 South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 169.24 to a point in the easterly right-of-way line of the 169.25 Chicago, Rock Island and Pacific railroad; thence North 8 169.26 degrees, 28 minutes, 35 seconds East, along said easterly 169.27 right-of-way line, 64.53 feet to a point in the center line 169.28 of the Straight river; thence along said river center line 169.29 on the following six courses: (1) North 38 degrees, 39 169.30 minutes, 35 seconds East, 291.75 feet; (2) thence North 20 169.31 degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 169.32 thence North 34 degrees, 19 minutes, 49 seconds East, 169.33 248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 169.34 seconds East, 435.03 feet; (5) thence North 18 degrees, 9 169.35 minutes, 34 seconds West, 657.76 feet; (6) thence North 46 169.36 degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 170.1 in the West line of the Southwest Quarter of said Section 170.2 32; thence North 0 degrees, 5 minutes, 56 seconds West, 170.3 along said West line, 161.66 feet to a point in the 170.4 southwesterly right-of-way line of a street known as 170.5 Institute Place; thence along said southwesterly line of 170.6 Institute Place on the following three courses: (1) South 170.7 61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 170.8 thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 170.9 feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 170.10 East, 215.06 feet to the Northeast corner of Block 1 in 170.11 AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 170.12 32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 170.13 PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 170.14 thence North 89 degrees, 21 minutes, 4 seconds West, along 170.15 the North line of said Block 1, a distance of 111.58 feet 170.16 to the Northwest corner of said Block 1; thence South 11 170.17 degrees, 41 minutes, 14 seconds East, along the West line 170.18 of said Block 1, a distance of 202.66 feet; thence South 12 170.19 degrees, 51 minutes, 4 seconds East, along said westerly 170.20 line of Block 1, a distance of 349.14 feet to the Southwest 170.21 corner of said Block 1; thence South 74 degrees, 6 minutes, 170.22 4 seconds East, along the southerly line of said Block 1, a 170.23 distance of 205.26 feet; thence South 82 degrees, 21 170.24 minutes, 4 seconds East, along said southerly line of Block 170.25 1, a distance of 106.92 feet to the Southeast corner of 170.26 said Block 1; thence South 38 degrees, 13 minutes, 56 170.27 seconds West, 194.00 feet; thence South 0 degrees, 13 170.28 minutes, 56 seconds West, 1000.00 feet; thence South 46 170.29 degrees, 15 minutes, 16 seconds West, 626.46 feet to said 170.30 point of beginning; 170.31 (2) Parcel B: Commencing at the Northwest corner of the 170.32 Northeast Quarter of said Section 5; thence South 89 170.33 degrees, 30 minutes, 57 seconds East, along the North line 170.34 of said Northeast Quarter of Section 5 (for purposes of 170.35 this description bearings are assumed and based on said 170.36 North line being South 89 degrees, 30 minutes, 57 seconds 171.1 East), a distance of 937.89 feet to the point of beginning 171.2 of the parcel to be herein described; thence northwesterly 171.3 along a nontangential curve, concave southwesterly (curve 171.4 data: delta angle = 64 degrees, 8 minutes, 9 seconds; 171.5 radius = 500.00 feet; chord bearing and distance = North 57 171.6 degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 171.7 distance of 559.69 feet; thence South 89 degrees, 58 171.8 minutes, 44 seconds West, 175.00 feet; thence 171.9 northwesterly, along a tangential curve, concave 171.10 northeasterly (curve data: delta angle = 90 degrees, 0 171.11 minutes, 0 seconds; radius = 80.00 feet; chord bearing and 171.12 distance = North 45 degrees, 1 minute, 16 seconds West, 171.13 113.14 feet), an arc distance of 125.66 feet; thence North 171.14 0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 171.15 point in the North line of the South One-fourth of the 171.16 Southeast Quarter of said Section 32; thence South 89 171.17 degrees, 28 minutes, 9 seconds East, along said North line, 171.18 2413.98 feet to a point in the East line of said Southeast 171.19 Quarter of Section 32; thence South 0 degrees, 1 minute, 9 171.20 seconds East, along said East line, 399.59 feet; thence 171.21 South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 171.22 thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 171.23 feet to a point in the North line of the West One-half of 171.24 the Northwest Quarter of said Section 4; thence South 89 171.25 degrees, 38 minutes, 30 seconds East, along said North 171.26 line, 490.37 feet to the Northeast corner of said West 171.27 One-half of the Northwest Quarter; thence South 0 degrees, 171.28 24 minutes, 20 seconds West, along the East line of said 171.29 West One-half of the Northwest Quarter, 2670.04 feet to the 171.30 Southeast corner of said West One-half of the Northwest 171.31 Quarter; thence South 0 degrees, 24 minutes, 20 seconds 171.32 West, along the East line of the Northwest Quarter of the 171.33 Southwest Quarter of said Section 4, a distance of 598.97 171.34 feet to a point in the center line of the Straight river; 171.35 thence South 34 degrees, 34 minutes, 54 seconds West, along 171.36 said river center line, 447.98 feet; thence continue along 172.1 said river center line, South 13 degrees, 53 minutes, 50 172.2 seconds West, 359.52 feet to a point in the South line of 172.3 the Northwest Quarter of the Southwest Quarter of said 172.4 Section 4; thence North 89 degrees, 35 minutes, 28 seconds 172.5 West, along said South line of the Northwest Quarter of the 172.6 Southwest Quarter, 983.94 feet to the Southwest corner of 172.7 said Northwest Quarter of the Southwest Quarter; thence 172.8 North 89 degrees, 38 minutes, 42 seconds West, along the 172.9 South line of the Northeast Quarter of the Southeast 172.10 Quarter of said Section 5, a distance of 1328.17 feet to 172.11 the Southwest corner of said Northeast Quarter of the 172.12 Southeast Quarter; thence South 0 degrees, 31 minutes, 57 172.13 seconds West, along the East line of the Southwest Quarter 172.14 of the Southeast Quarter of said Section 5, a distance of 172.15 1320.78 feet to the Southeast corner of said Southwest 172.16 Quarter of the Southeast Quarter; thence North 89 degrees, 172.17 54 minutes, 59 seconds West, along the South line of said 172.18 Southwest Quarter of the Southeast Quarter, 1329.77 feet to 172.19 the Southwest corner of said Southwest Quarter of the 172.20 Southeast Quarter; thence North 89 degrees, 16 minutes, 29 172.21 seconds West, along the North line of the Northwest Quarter 172.22 of said Section 8, a distance of 435.63 feet to a point in 172.23 the northwesterly line of the City of Faribault Trail; 172.24 thence South 61 degrees, 6 minutes, 11 seconds West, along 172.25 said Faribault Trail, 20.70 feet to the beginning of a 172.26 spiral curve; thence southwesterly along said Faribault 172.27 Trail on said spiral curve, concave northwesterly (center 172.28 line curve data: radius = 1644.62 feet; spiral angle = 3 172.29 degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 172.30 chord bearing and distance = South 62 degrees, 14 minutes, 172.31 7 seconds West, 191.95 feet), to the beginning of a 172.32 circular curve; thence continue southwesterly along said 172.33 Faribault Trail on a circular curve, concave northwesterly 172.34 (curve data: delta angle = 1 degree, 55 minutes, 51 172.35 seconds; radius = 1544.62 feet; chord bearing and distance 172.36 = South 65 degrees, 31 minutes, 4 seconds West, 52.05 173.1 feet), an arc distance of 52.05 feet; thence continue along 173.2 said Faribault Trail, South 23 degrees, 31 minutes, 1 173.3 second East, 50.00 feet; thence continue southwesterly 173.4 along said Faribault Trail, on a curve, concave 173.5 northwesterly (curve data: delta angle = 38 degrees, 51 173.6 minutes, 59 seconds; radius = 1594.62 feet; chord bearing 173.7 and distance = South 85 degrees, 54 minutes, 58 seconds 173.8 West, 1061.08 feet), an arc distance of 1081.70 feet; 173.9 thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 173.10 feet to a point in the center line of Glynview Trail 173.11 (county state aid highway 19); thence North 48 degrees, 33 173.12 minutes, 14 seconds West, along said Glynview Trail center 173.13 line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 173.14 seconds East, 285.93 feet to a point in the southwesterly 173.15 line of said Faribault Trail; thence North 11 degrees, 41 173.16 minutes, 14 seconds East, 101.49 feet to a point in the 173.17 northwesterly line of said Faribault Trail; thence North 40 173.18 degrees, 40 minutes, 22 seconds East, 265.18 feet to a 173.19 point in said North line of the Northwest Quarter of 173.20 Section 8; thence North 42 degrees, 10 minutes, 22 seconds 173.21 East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 173.22 seconds East, 205.00 feet to a point in the West line of 173.23 the Southeast Quarter of the Southwest Quarter of said 173.24 Section 5; thence North 0 degrees, 40 minutes, 22 seconds 173.25 East, along said West line, 410.33 feet to a point in the 173.26 center line of said Straight river; thence northwesterly 173.27 along said river center line on the following 5 courses: 173.28 (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 173.29 feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 173.30 850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 173.31 East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 173.32 seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 173.33 43 seconds West, 200.73 feet to a point in the West line of 173.34 the Southwest Quarter of said Section 5; thence North 0 173.35 degrees, 44 minutes, 44 seconds East, along said West line, 173.36 307.02 feet to the Southwest corner of the Northwest 174.1 Quarter of said Section 5; thence North 0 degrees, 37 174.2 minutes, 43 seconds East, along the West line of said 174.3 Northwest Quarter of Section 5, a distance of 264.00 feet; 174.4 thence North 30 degrees, 52 minutes, 17 seconds West, 174.5 396.00 feet; thence North 49 degrees, 52 minutes, 17 174.6 seconds West, 178.86 feet; thence South 51 degrees, 7 174.7 minutes, 43 seconds West, 264.00 feet; thence North 81 174.8 degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 174.9 North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 174.10 to a point in the center line of said Straight river; 174.11 thence northerly and westerly along said river center line 174.12 on the following 4 courses: (1) North 19 degrees, 25 174.13 minutes, 39 seconds East, 131.22 feet; (2) North 42 174.14 degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 174.15 North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 174.16 (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 174.17 feet to a point in the North line of the South One-half of 174.18 the Northeast Quarter of said Section 6; thence South 89 174.19 degrees, 55 minutes, 31 seconds East, along said North 174.20 line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 174.21 seconds East, 384.78 feet; thence North 47 degrees, 4 174.22 minutes, 29 seconds East, 195.36 feet; thence South 86 174.23 degrees, 25 minutes, 31 seconds East, 108.44 feet to a 174.24 point in the southwesterly right-of-way line of the 174.25 Chicago, Milwaukee, St. Paul and Pacific railroad; thence 174.26 southeasterly along said railroad right-of-way line on a 174.27 curve, concave northeasterly (curve data: delta angle = 0 174.28 degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 174.29 chord bearing and distance = South 23 degrees, 57 minutes, 174.30 58 seconds East, 37.16 feet), an arc distance of 37.16 174.31 feet; thence North 65 degrees, 40 minutes, 30 seconds East, 174.32 200.00 feet to a point in the northeasterly right-of-way 174.33 line of said railroad; thence South 78 degrees, 31 minutes, 174.34 31 seconds East, 644.57 feet; thence South 41 degrees, 58 174.35 minutes, 52 seconds East, 980.53 feet to a point in a line 174.36 49.50 feet westerly from and parallel with the East line of 175.1 the Southwest Quarter of the Northwest Quarter of said 175.2 Section 5; thence South 0 degrees, 36 minutes, 52 seconds 175.3 West, along said parallel line, 1003.61 feet to a point in 175.4 the North line of the Northwest Quarter of the Southwest 175.5 Quarter of said Section 5; thence South 0 degrees, 40 175.6 minutes, 22 seconds West, along a line parallel with and 175.7 49.50 feet westerly of the East line of said Northwest 175.8 Quarter of the Southwest Quarter of Section 5, a distance 175.9 of 86.04 feet; thence South 66 degrees, 3 minutes, 0 175.10 seconds West, 600.24 feet; thence South 9 degrees, 16 175.11 minutes, 10 seconds West, 117.00 feet; thence South 55 175.12 degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 175.13 South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 175.14 to a point in a line 16.50 feet easterly from and parallel 175.15 with the West line of the Northeast Quarter of the 175.16 Southwest Quarter of said Section 5; thence North 0 175.17 degrees, 40 minutes, 22 seconds East, along said parallel 175.18 line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 175.19 seconds East, 190.00 feet; thence North 0 degrees, 40 175.20 minutes, 22 seconds East, 200.00 feet; thence North 89 175.21 degrees, 19 minutes, 38 seconds West, 190.00 feet to a 175.22 point in said line 16.50 feet easterly from and parallel 175.23 with the West line of the Northeast Quarter of the 175.24 Southwest Quarter of said Section 5; thence North 0 175.25 degrees, 40 minutes, 22 seconds East, along said parallel 175.26 line, 133.39 feet to a point in the South line of the 175.27 Southeast Quarter of the Northwest Quarter of said Section 175.28 5; thence North 0 degrees, 36 minutes, 52 seconds East, 175.29 along a line parallel with and 16.50 feet easterly of the 175.30 West line of said Southeast Quarter of the Northwest 175.31 Quarter of Section 5, a distance of 720.09 feet; thence 175.32 South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 175.33 to a point in the East line of said Southeast Quarter of 175.34 the Northwest Quarter of Section 5; thence South 89 175.35 degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 175.36 North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 176.1 thence North 18 degrees, 38 minutes, 14 seconds West, 176.2 124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 176.3 East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 176.4 seconds East, 108.46 feet to a point designated as Point A; 176.5 thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 176.6 feet; thence North 52 degrees, 19 minutes, 41 seconds East, 176.7 270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 176.8 West, 500.00 feet; thence along a tangential curve, concave 176.9 westerly (curve data: delta angle = 23 degrees, 14 176.10 minutes, 51 seconds; radius = 500.00 feet; chord bearing 176.11 and distance = North 14 degrees, 15 minutes, 41 seconds 176.12 West, 201.48 feet), an arc distance of 202.87 feet to said 176.13 point of beginning; and 176.14 (3) Parcel C: Beginning at the Northeast corner of the 176.15 Southwest Quarter of said section 32; thence southerly, 176.16 along the East line of said Southwest Quarter (for purposes 176.17 of this description bearing of said East line is assumed 176.18 South 0 degrees, 4 minutes, 9 seconds West), a distance of 176.19 1638.76 feet; thence North 89 degrees, 18 minutes, 51 176.20 seconds West, 33.00 feet to the Southeast corner of Block 176.21 1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 176.22 COUNTY, MINNESOTA, said Southeast corner being a point in 176.23 the West line of Tenth Avenue Northeast and the true point 176.24 of beginning of the parcel to be herein described; thence 176.25 South 0 degrees, 4 minutes, 9 seconds West, along said West 176.26 line of Tenth Avenue Northeast, 360.00 feet; thence North 176.27 89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 176.28 point in the East line of vacated State Avenue; thence 176.29 North 0 degrees, 4 minutes, 9 seconds East, along said East 176.30 line of vacated State Avenue, 360.00 feet to the Southwest 176.31 corner of said Block 1; thence South 89 degrees, 18 176.32 minutes, 51 seconds East, along the South line of said 176.33 Block 1, 826.98 feet to said true point of beginning. 176.34 (b) The following land is excepted from the land described 176.35 in paragraph (a): 176.36 (1) Parcel D: That part of the North One-half of the 177.1 Northeast Quarter of Section 6 and that part of the North 177.2 One-half of the Northwest Quarter of Section 5, all in 177.3 Township 109 North, Range 20 West, in the city of 177.4 Faribault, Rice county, Minnesota, described as follows: 177.5 Beginning at a point in the East line of said Northeast 177.6 Quarter of Section 6 (for purposes of this description 177.7 bearings are assumed and based on said East line being 177.8 South 0 degrees, 37 minutes, 43 seconds West), a distance 177.9 of 1309.61 feet southerly from the Northeast corner of said 177.10 Northeast Quarter; thence South 86 degrees, 27 minutes, 58 177.11 seconds West, 153.73 feet; thence North 0 degrees, 13 177.12 minutes, 34 seconds East, 252.29 feet; thence South 89 177.13 degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 177.14 in the southwesterly right-of-way line of the Chicago, Rock 177.15 Island and Pacific railroad; thence southeasterly, along 177.16 said railroad right-of-way line, on a curve, concave 177.17 northeasterly (curve data: radius = 2914.77 feet; delta 177.18 angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 177.19 distance = South 30 degrees, 58 minutes, 52 seconds East, 177.20 277.26 feet), an arc distance of 277.37 feet; thence South 177.21 86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 177.22 point of beginning; and 177.23 (2) the property deeded to the Chicago, Rock Island and 177.24 Pacific railroad, and City of Faribault Trail. 177.25 (c) The land described in paragraph (a) is subject to: 177.26 (1) Glynview Trail (county state aid highway 19) over the 177.27 southwesterly side thereof; 177.28 (2) 220th Street East over part of the southerly side of 177.29 Section 5; 177.30 (3) Fifth Street Northeast over part of the northerly side 177.31 of the South One-quarter of the Southeast Quarter of 177.32 Section 32; 177.33 (4) an easement for ingress and egress over and across 177.34 Parcel B, said easement being a strip of land 30.00 feet in 177.35 width lying immediately adjacent to and southwesterly of 177.36 the southwesterly right-of-way line of said Chicago, Rock 178.1 Island and Pacific railroad, bounded on the North by the 178.2 southerly line of Parcel D, and bounded on the East by a 178.3 line 49.50 feet westerly of and parallel with said East 178.4 line of the Southwest Quarter of the Northwest Quarter of 178.5 Section 5; and 178.6 (5) an easement for access to and maintenance of a deep 178.7 sewer tunnel over, under, and across part of Parcel B, 178.8 being a strip of land 100.00 feet in width, 50.00 feet on 178.9 both sides of the following described center line: 178.10 Commencing at said Point A in Parcel B; thence North 56 178.11 degrees, 4 minutes, 42 seconds East, 267.00 feet to the 178.12 point of beginning of said easement center line; thence 178.13 South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 178.14 and there terminating; the side lines of said easement to 178.15 be lengthened or shortened to meet in said course herein 178.16 described as North 56 degrees, 4 minutes, 42 seconds East. 178.17 Subd. 4. [PURPOSE.] The land to be conveyed is no longer 178.18 utilized by the department of corrections in Faribault. The 178.19 city of Faribault intends to continue to use Parcels A and B for 178.20 a nature interpretive center and recreational trail system and 178.21 Parcel C for a municipal park. 178.22 Sec. 26. Laws 1996, chapter 365, section 3, is amended to 178.23 read: 178.24 Sec. 3. [REPEALER.] 178.25 Section 2 is repealed when the project is completed, or 178.26 June 30,19982000, whichever occurs earlier. 178.27 Sec. 27. [REPEALER.] 178.28 Minnesota Statutes 1996, sections 299M.05; and 299M.11, 178.29 subdivision 3, are repealed. 178.30 Sec. 28. [EFFECTIVE DATE.] 178.31 Section 25 is effective the day following final enactment. 178.32 Section 22 is effective upon its acceptance by the boards of 178.33 commissioners of Carlton and St. Louis counties and the city 178.34 council of the city of Cloquet, but only if those acceptances 178.35 occur on or before July 1, 1998. 178.36 Sections 3 to 6, and 8 are effective July 1, 1998, and 179.1 apply to motor vehicle registration actions and driver's license 179.2 reinstatement actions occurring on or after that date.