SF 3792

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; appropriating money for 
  1.3             the judicial branch, public safety, criminal justice, 
  1.4             crime prevention, public defense, and related 
  1.5             purposes; reducing certain past appropriations and 
  1.6             transfers; transferring funds; establishing and 
  1.7             modifying grant and other programs; establishing 
  1.8             guidelines for the administration of battered women's 
  1.9             shelter per diem funding by the Minnesota center for 
  1.10            crime victim services; allocating correctional fees; 
  1.11            enhancing the penalties relating to juvenile 
  1.12            prostitution; establishing a capitol complex security 
  1.13            oversight committee; creating the Minnesota capitol 
  1.14            police department and merging the capitol complex 
  1.15            security division into it; authorizing the confinement 
  1.16            of juveniles adjudicated delinquent and juveniles 
  1.17            convicted of crimes at the same facility; requiring 
  1.18            counties to pay one-half rather than the entire per 
  1.19            diem cost for certain juvenile offenders; setting per 
  1.20            diem cost of confinement at Minnesota correctional 
  1.21            facility-Red Wing based on certain factors; requiring 
  1.22            courts to commit certain juvenile offenders to the 
  1.23            commissioner of corrections; limiting the authority of 
  1.24            courts to place certain juvenile offenders in 
  1.25            out-of-state facilities; requiring a uniform method of 
  1.26            calculating corrections per diems; making changes to 
  1.27            the traffic code relating to crossing roadways; making 
  1.28            the board of public defense responsible for paying 
  1.29            certain costs related to providing a criminal defense 
  1.30            and authorizing use of criminal justice aid for this 
  1.31            in certain cases; encouraging and providing assistance 
  1.32            to implement automated victim notification systems; 
  1.33            making various technical changes; requiring reports 
  1.34            and studies; amending Minnesota Statutes 1998, 
  1.35            sections 169.21, subdivisions 2 and 3; 242.41; 242.43; 
  1.36            242.44; 477A.0121, subdivision 4; 609.322, subdivision 
  1.37            1; 611.21; 611.27, subdivision 5 and by adding a 
  1.38            subdivision; and 611A.32, subdivision 5; Minnesota 
  1.39            Statutes 1999 Supplement, sections 241.272, 
  1.40            subdivision 6; 242.192; and 626.84, subdivision 1; 
  1.41            Laws 1999, chapter 216, article 1, sections 7, 
  1.42            subdivision 6; and 18; proposing coding for new law in 
  1.43            Minnesota Statutes, chapters 169; 241; 242; 260B; 
  1.44            299A; and 611A; proposing coding for new law as 
  1.45            Minnesota Statutes, chapter 299N; repealing Minnesota 
  1.46            Statutes 1998, sections 168A.40, subdivisions 1, 3, 
  2.1             and 4; 299E.01; 299E.02; and 626.88, subdivision 3; 
  2.2             Minnesota Statutes 1999 Supplement, section 168A.40, 
  2.3             subdivision 2. 
  2.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.5                              ARTICLE 1 
  2.6                            APPROPRIATIONS
  2.7   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.8      The sums shown in the columns headed "APPROPRIATIONS" are 
  2.9   appropriated from the general fund, or another fund named, to 
  2.10  the agencies and for the purposes specified in this article to 
  2.11  be available for the fiscal years indicated for each purpose.  
  2.12  The figures "2000" and "2001," where used in this article, mean 
  2.13  that the appropriation or appropriations listed under them are 
  2.14  available for the year ending June 30, 2000, or June 30, 2001, 
  2.15  respectively.  
  2.16                          SUMMARY BY FUND
  2.17                                          2000            2001
  2.18  General Fund Total                $   4,213,000       9,203,000
  2.19  TOTAL                             $   4,213,000       9,203,000
  2.20                                             APPROPRIATIONS 
  2.21                                         Available for the Year 
  2.22                                             Ending June 30 
  2.23                                            2000         2001 
  2.24  Sec. 2.  SUPREME COURT                   -0-             75,000
  2.25  $75,000 is for civil legal services to 
  2.26  low-income clients. 
  2.27  Sec. 3.  COURT OF APPEALS                -0-            200,000
  2.28  $200,000 is to restore legal/judicial 
  2.29  support services. 
  2.30  Sec. 4.  DISTRICT COURT                  -0-          2,930,000
  2.31  $2,800,000 is to reduce judge unit 
  2.32  vacancies and restore judicial branch 
  2.33  infrastructure funding. 
  2.34  $130,000 is to continue the community 
  2.35  court in the second judicial district. 
  2.36  Sec. 5.  PUBLIC SAFETY
  2.37  Subdivision 1.  Total 
  2.38  Appropriation                         3,813,000       1,113,000
  2.39  The amounts that may be spent from this 
  2.40  appropriation for each program are 
  2.41  specified in the following subdivisions.
  2.42  $280,000 is for costs associated with 
  3.1   the organization of the capitol police 
  3.2   department, including the salaries and 
  3.3   benefits for its director and three 
  3.4   full-time licensed peace officers, and 
  3.5   training for its employees. 
  3.6    Subd. 2. Emergency Management 
  3.7         3,813,000         -0-  
  3.8   $3,813,000 is for the state match of 
  3.9   federal disaster assistance money under 
  3.10  Minnesota Statutes, section 12.221.  
  3.11  This appropriation is available to fund 
  3.12  state obligations incurred through the 
  3.13  receipt of federal disaster assistance 
  3.14  grants and is added to the 
  3.15  appropriation in Laws 1999, chapter 
  3.16  216, article 1, section 7, subdivision 
  3.17  2. 
  3.18  Subd. 3.  Criminal Apprehension 
  3.19          -0-           225,000
  3.20  $200,000 is a one-time appropriation 
  3.21  for overtime costs. 
  3.22  $25,000 is a one-time appropriation to 
  3.23  develop and conduct the court security 
  3.24  training program described in article 
  3.25  2, section 6. 
  3.26  Subd. 4.  Law Enforcement and  
  3.27  Community Grants 
  3.28          -0-           480,000
  3.29  $300,000 is a one-time appropriation 
  3.30  for juvenile prostitution law 
  3.31  enforcement and officer training grants 
  3.32  under Minnesota Statutes, section 
  3.33  299A.71. 
  3.34  $150,000 is a one-time appropriation 
  3.35  for a grant to the Ramsey county 
  3.36  attorney's office to establish and fund 
  3.37  the domestic assault and child 
  3.38  prosecution unit. 
  3.39  $30,000 is a one-time appropriation for 
  3.40  grants under Minnesota Statutes, 
  3.41  section 299A.62, to local law 
  3.42  enforcement agencies or regional jails 
  3.43  for the purchase of dogs trained to 
  3.44  detect or locate controlled substances 
  3.45  by scent.  Grants are limited to one 
  3.46  dog per agency.  Local law enforcement 
  3.47  agencies that previously received a 
  3.48  grant under Laws 1999, chapter 216, 
  3.49  article 1, section 7, subdivision 6, 
  3.50  are ineligible for a grant. 
  3.51  Subd. 5.  Drug Policy and    
  3.52  Violence Prevention
  3.53          -0-           128,000
  3.54  $128,000 is for distribution as 
  3.55  matching funds to counties 
  3.56  participating in multijurisdictional 
  4.1   narcotics task forces that receive 
  4.2   federal Byrne grant funds.  These 
  4.3   matching funds are available statewide 
  4.4   to any county currently participating 
  4.5   in a task force, any county seeking to 
  4.6   join an existing task force, and any 
  4.7   county starting its own task force.  
  4.8   These matching funds may be used to 
  4.9   enhance enforcement of drug laws by 
  4.10  training and educating law enforcement 
  4.11  personnel and other interested members 
  4.12  of the community. 
  4.13  Sec. 6.  CENTER FOR  
  4.14  CRIME VICTIM SERVICES                   400,000       3,040,000
  4.15  $400,000 the first year is for per diem 
  4.16  payments for battered women shelter 
  4.17  facilities incurred during the 
  4.18  administrative transfer of 
  4.19  responsibility for these payments from 
  4.20  the department of human services to the 
  4.21  department of public safety.  This 
  4.22  appropriation is available until 
  4.23  expended. 
  4.24  $3,000,000 the second year is to 
  4.25  increase allocations for designated 
  4.26  battered women shelter facilities. 
  4.27  $40,000 is a one-time appropriation for 
  4.28  a grant to the center for applied 
  4.29  research and policy analysis at 
  4.30  Metropolitan state university for the 
  4.31  domestic violence shelter study 
  4.32  described in article 2, section 8. 
  4.33  Sec. 7.  BOARD OF PUBLIC    
  4.34  DEFENSE                                 -0-             500,000
  4.35  $500,000 is for costs related to 
  4.36  obtaining services under Minnesota 
  4.37  Statutes, section 611.21.  
  4.38  Sec. 8.  SENTENCING         
  4.39  GUIDELINES COMMISSION                   -0-              20,000
  4.40  $20,000 is for salary increases. 
  4.41  Sec. 9.  MINNESOTA SAFETY   
  4.42  COUNCIL                                 -0-             300,000
  4.43  $300,000 is a one-time appropriation to 
  4.44  continue the crosswalk safety awareness 
  4.45  program. 
  4.46  Sec. 10.  HUMAN SERVICES                -0-           1,000,000
  4.47  $1,000,000 is for youth shelter and 
  4.48  prostitution prevention grants under 
  4.49  Minnesota Statutes, section 260B.551. 
  4.50  Sec. 11.  Attorney General              -0-              25,000
  4.51  $25,000 is to print and distribute 
  4.52  educational materials for contract for 
  4.53  deed vendors and vendees, informing 
  4.54  them in plain English of the 
  4.55  requirements of state law affecting 
  4.56  contracts for deed.  The attorney 
  4.57  general shall approve educational 
  5.1   materials if they accurately describe 
  5.2   state law and are prepared with input 
  5.3   from a variety of interest groups, 
  5.4   including real estate attorneys, 
  5.5   attorneys who represent low-income 
  5.6   individuals, realtors, and housing 
  5.7   organizations. 
  5.8      Sec. 12.  [REDUCTION IN CORRECTIONS APPROPRIATION.] 
  5.9      The fiscal year 2001 appropriation for juvenile residential 
  5.10  treatment grants in Laws 1999, chapter 216, article 1, section 
  5.11  13, subdivision 4, is reduced by $5,000,000.  The commissioner 
  5.12  of finance shall reflect this reduction in the department of 
  5.13  corrections' base budget for the next biennium. 
  5.14     Sec. 13.  [TRANSFERS FROM AUTOMOBILE THEFT PREVENTION 
  5.15  ACCOUNT.] 
  5.16     (a) The fiscal year 2000 transfer from the automobile theft 
  5.17  prevention account in the special revenue fund to the 
  5.18  commissioner of public safety in Laws 1999, chapter 216, article 
  5.19  1, section 18, is reduced by $100,000. 
  5.20     (b) By June 30, 2001, the commissioner of finance shall 
  5.21  transfer $6,001,000 from the automobile theft prevention account 
  5.22  in the special revenue fund to the general fund for use for 
  5.23  criminal justice information systems technology. 
  5.24                             ARTICLE 2 
  5.25                        CRIME PREVENTION AND 
  5.26                       LAW ENFORCEMENT GRANTS
  5.27     Section 1.  Minnesota Statutes 1999 Supplement, section 
  5.28  241.272, subdivision 6, is amended to read: 
  5.29     Subd. 6.  [USE OF FEES.] Excluding correctional fees 
  5.30  collected from offenders supervised by department agents under 
  5.31  the authority of section 244.19, subdivision 1, paragraph (a), 
  5.32  clause (3), all correctional fees collected under this section 
  5.33  go to the general fund.  Fees collected by agents under the 
  5.34  authority of section 244.19, subdivision 1, paragraph (a), 
  5.35  clause (3), shall go to the county treasurer in the county where 
  5.36  supervision is provided.  These fees shall be used according to 
  5.37  section 244.18, subdivision 6. 
  5.38     Sec. 2.  [260B.551] [YOUTH SHELTER AND JUVENILE 
  5.39  PROSTITUTION PREVENTION GRANTS.] 
  6.1      Subdivision 1.  [ESTABLISHMENT.] A grant program is 
  6.2   established to increase the availability of shelter for 
  6.3   homeless, runaway, or thrown-away youth at risk of being 
  6.4   prostituted or currently being used in prostitution.  The goal 
  6.5   of the grants is to significantly increase the number of 
  6.6   existing beds for these youth in Minnesota.  By providing 
  6.7   emergency and transitional housing, the number of youth at risk 
  6.8   of being sexually exploited or actually being sexually exploited 
  6.9   will be reduced. 
  6.10     Subd. 2.  [ELIGIBILITY.] The commissioner of human services 
  6.11  shall make shelter and prevention grants to nonprofit 
  6.12  corporations or government agencies to provide emergency and 
  6.13  transitional housing for children and teens.  The commissioner 
  6.14  shall consider the needs for emergency and transitional shelter 
  6.15  throughout Minnesota, and give priority to applicants who offer 
  6.16  24-hour emergency facilities.  To be eligible for a grant, a 
  6.17  nonprofit corporation must meet the following criteria: 
  6.18     (1) the applicant must have a commitment to helping the 
  6.19  community or children, or preventing juvenile prostitution, if 
  6.20  the organization does not have any past experience with youth 
  6.21  involved or at risk of being used in prostitution then the 
  6.22  organization must demonstrate their knowledge of the best 
  6.23  practices in this area and develop a plan to follow these 
  6.24  practices; 
  6.25     (2) the grant must be used to create and maintain shelter 
  6.26  for homeless, runaway, and thrown-away youth; 
  6.27     (3) the applicant may not use the grant to conduct general 
  6.28  education or awareness programs unrelated to the operation of a 
  6.29  shelter; 
  6.30     (4) the applicant must present a plan to communicate with 
  6.31  local law enforcement officials, social services, and the 
  6.32  department of human services consistent with state and federal 
  6.33  law; and 
  6.34     (5) the applicant must present a plan to encourage a 
  6.35  homeless, runaway, or thrown-away youth to either reconnect with 
  6.36  their family or transition into long-term housing. 
  7.1      Subd. 3.  [GRANT APPLICATION.] A nonprofit corporation or 
  7.2   government agency must submit an application to the commissioner 
  7.3   of human services in the form and manner the commissioner 
  7.4   establishes.  The application must describe how the applicant 
  7.5   meets the eligibility criteria under subdivision 2.  The 
  7.6   commissioner may require the applicant to provide additional 
  7.7   information. 
  7.8      Sec. 3.  [299A.71] [JUVENILE PROSTITUTION LAW ENFORCEMENT 
  7.9   AND OFFICER TRAINING GRANTS.] 
  7.10     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
  7.11  established for enhanced law enforcement efforts and peace 
  7.12  officer education and training to combat juvenile prostitution.  
  7.13  The goal of the grants is to provide peace officers with the 
  7.14  knowledge and skills to recognize individuals who sexually 
  7.15  exploit youth, charge and prosecute these individuals for 
  7.16  promotion and solicitation of prostitution, and effectively 
  7.17  communicate with the victims of juvenile prostitution. 
  7.18     Subd. 2.  [ELIGIBILITY.] The commissioner of public safety 
  7.19  shall make juvenile prostitution prevention grants to local law 
  7.20  enforcement agencies to provide enhanced efforts targeted to 
  7.21  juvenile prostitution and training and staff development 
  7.22  relating to the prevention of juvenile prostitution.  The law 
  7.23  enforcement agency must utilize all of the grant funding 
  7.24  received for efforts to combat juvenile prostitution. 
  7.25     Subd. 3.  [GRANT APPLICATION.] A local law enforcement 
  7.26  agency must submit an application to the commissioner of public 
  7.27  safety in the form and manner the commissioner establishes. 
  7.28     Sec. 4.  Laws 1999, chapter 216, article 1, section 7, 
  7.29  subdivision 6, is amended to read: 
  7.30  Subd. 6.  Law Enforcement and Community Grants
  7.31      10,290,000      7,583,000 
  7.32  $1,000,000 the first year is for grants 
  7.33  to pay the costs of developing or 
  7.34  implementing a criminal justice 
  7.35  information integration plan as 
  7.36  described in Minnesota Statutes, 
  7.37  section 299C.65, subdivision 6 or 7.  
  7.38  The commissioner shall make a minimum 
  7.39  of two grants from this appropriation. 
  7.40  This is a one-time appropriation. 
  8.1   The commissioner of public safety shall 
  8.2   consider using a portion of federal 
  8.3   Byrne grant funds for costs related to 
  8.4   developing or implementing a criminal 
  8.5   justice information system integration 
  8.6   plan as described in Minnesota 
  8.7   Statutes, section 299C.65, subdivision 
  8.8   6 or 7. 
  8.9   $400,000 the first year is for a grant 
  8.10  to the city of Marshall to construct, 
  8.11  furnish, and equip a regional emergency 
  8.12  response training center.  The balance, 
  8.13  if any, does not cancel but is 
  8.14  available for the fiscal year ending 
  8.15  June 30, 2001. 
  8.16  $10,000 the first year is for the 
  8.17  commissioner of public safety to 
  8.18  reconvene the task force that developed 
  8.19  the statewide master plan for fire and 
  8.20  law enforcement training facilities 
  8.21  under Laws 1998, chapter 404, section 
  8.22  21, subdivision 3, for the purpose of 
  8.23  developing specific recommendations 
  8.24  concerning the siting, financing and 
  8.25  use of these training facilities.  The 
  8.26  commissioner's report shall include 
  8.27  detailed recommendations concerning the 
  8.28  following issues: 
  8.29  (1) the specific cities, counties, or 
  8.30  regions of the state where training 
  8.31  facilities should be located; 
  8.32  (2) the reasons why a training facility 
  8.33  should be sited in the recommended 
  8.34  location, including a description of 
  8.35  the public safety training needs in 
  8.36  that part of the state; 
  8.37  (3) the extent to which neighboring 
  8.38  cities and counties should be required 
  8.39  to collaborate in funding and operating 
  8.40  the recommended training facilities; 
  8.41  (4) an appropriate amount for a local 
  8.42  funding match (up to 50 percent) for 
  8.43  cities and counties using the training 
  8.44  facility to contribute in money or 
  8.45  other resources to build, expand, or 
  8.46  operate the facility; 
  8.47  (5) the feasibility of providing 
  8.48  training at one or more of the 
  8.49  recommended facilities for both law 
  8.50  enforcement and fire safety personnel; 
  8.51  (6) whether the regional or statewide 
  8.52  need for increased public safety 
  8.53  training resources can be met through 
  8.54  the expansion of existing training 
  8.55  facilities rather than the creation of 
  8.56  new facilities and, if so, which 
  8.57  facilities should be expanded; and 
  8.58  (7) any other issues the task force 
  8.59  deems relevant. 
  8.60  By January 15, 2000, the commissioner 
  8.61  shall submit the report to the chairs 
  9.1   and ranking minority members of the 
  9.2   house and senate committees and 
  9.3   divisions with jurisdiction over 
  9.4   capital investment issues and criminal 
  9.5   justice funding and policy. 
  9.6   $746,000 the first year and $766,000 
  9.7   the second year are for personnel and 
  9.8   administrative costs for the criminal 
  9.9   gang oversight council and strike force 
  9.10  described in Minnesota Statutes, 
  9.11  section 299A.64. 
  9.12  $1,171,000 the first year and 
  9.13  $2,412,000 are for the grants 
  9.14  authorized under Minnesota Statutes, 
  9.15  section 299A.66, subdivisions 1 and 2.  
  9.16  Of this appropriation, $1,595,000 each 
  9.17  year shall be included in the 2002-2003 
  9.18  biennial base budget. 
  9.19  By January 15, 2000, the criminal gang 
  9.20  oversight council shall submit a report 
  9.21  to the chairs and ranking minority 
  9.22  members of the senate and house 
  9.23  committees and divisions with 
  9.24  jurisdiction over criminal justice 
  9.25  funding and policy describing the 
  9.26  following: 
  9.27  (1) the types of crimes on which the 
  9.28  oversight council and strike force have 
  9.29  primarily focused their investigative 
  9.30  efforts since their inception; 
  9.31  (2) a detailed accounting of how the 
  9.32  oversight council and strike force have 
  9.33  spent all funds and donations they have 
  9.34  received since their inception, 
  9.35  including donations of goods and 
  9.36  services; 
  9.37  (3) the extent to which the activities 
  9.38  of the oversight council and strike 
  9.39  force overlap or duplicate the 
  9.40  activities of the fugitive task force 
  9.41  or the activities of any federal, 
  9.42  state, or local task forces that 
  9.43  investigate interjurisdictional 
  9.44  criminal activity; and 
  9.45  (4) the long-term goals that the 
  9.46  criminal gang oversight council and 
  9.47  strike force hope to achieve. 
  9.48  The commissioner of public safety shall 
  9.49  consider using a portion of federal 
  9.50  Byrne grant funds for criminal gang 
  9.51  prevention and intervention activities 
  9.52  to (1) help gang members separate 
  9.53  themselves, or remain separated, from 
  9.54  gangs; and (2) prevent individuals from 
  9.55  becoming affiliated with gangs. 
  9.56  $50,000 the first year is for a grant 
  9.57  to the Minnesota Safety Council to 
  9.58  continue the crosswalk safety awareness 
  9.59  campaign.  The Minnesota Safety Council 
  9.60  shall work with the department of 
  9.61  transportation to develop a long range 
  9.62  plan to continue the crosswalk safety 
 10.1   awareness campaign. 
 10.2   $500,000 the first year is for grants 
 10.3   under Minnesota Statutes, section 
 10.4   299A.62, subdivision 1. These grants 
 10.5   shall be distributed as provided in 
 10.6   Minnesota Statutes, section 299A.62, 
 10.7   subdivision 2.  This is a one-time 
 10.8   appropriation. 
 10.9   Up to $30,000 of the appropriation for 
 10.10  grants under Minnesota Statutes, 
 10.11  section 299A.62, is for grants to 
 10.12  requesting local law enforcement 
 10.13  agencies to purchase dogs trained to 
 10.14  detect or locate controlled substances 
 10.15  by scent.  Grants are limited to one 
 10.16  dog per county. 
 10.17  $50,000 the first year and $50,000 the 
 10.18  second year are for grants to the 
 10.19  northwest Hennepin human services 
 10.20  council to administer the northwest 
 10.21  community law enforcement project, to 
 10.22  be available until June 30, 2001.  This 
 10.23  is a one-time appropriation. 
 10.24  $30,000 the first year is to assist 
 10.25  volunteer ambulance services, licensed 
 10.26  under Minnesota Statutes, chapter 144E, 
 10.27  in purchasing automatic external 
 10.28  defibrillators.  Ambulance services are 
 10.29  eligible for a grant under this 
 10.30  provision if they do not already 
 10.31  possess an automatic external 
 10.32  defibrillator and if they provide a 25 
 10.33  percent match in nonstate funds.  This 
 10.34  is a one-time appropriation. 
 10.35  $50,000 the first year and $50,000 the 
 10.36  second year are for grants under 
 10.37  Minnesota Statutes, section 119A.31, 
 10.38  subdivision 1, clause (12), to 
 10.39  organizations that focus on 
 10.40  intervention and prevention of teenage 
 10.41  prostitution. 
 10.42  The commissioner of public safety shall 
 10.43  administer a program to distribute tire 
 10.44  deflators to local or state law 
 10.45  enforcement agencies selected by the 
 10.46  commissioner of public safety and to 
 10.47  distribute or otherwise make available 
 10.48  a computer-controlled driving simulator 
 10.49  to local or state law enforcement 
 10.50  agencies or POST-certified skills 
 10.51  programs selected by the commissioner 
 10.52  of public safety. 
 10.53  Before any decisions are made on which 
 10.54  law enforcement agencies will receive 
 10.55  tire deflators or the driving 
 10.56  simulator, a committee consisting of a 
 10.57  representative from the Minnesota 
 10.58  chiefs of police association, a 
 10.59  representative from the Minnesota 
 10.60  sheriffs association, a representative 
 10.61  from the state patrol, and a 
 10.62  representative from the Minnesota 
 10.63  police and peace officers association 
 10.64  shall evaluate the applications.  The 
 11.1   commissioner shall consult with the 
 11.2   committee concerning its evaluation and 
 11.3   recommendations on distribution 
 11.4   proposals prior to making a final 
 11.5   decision on distribution.  
 11.6   Law enforcement agencies that receive 
 11.7   tire deflators under this section 
 11.8   must:  (i) provide any necessary 
 11.9   training to their employees concerning 
 11.10  use of the tire deflators; (ii) compile 
 11.11  statistics on use of the tire deflators 
 11.12  and the results; (iii) provide a 
 11.13  one-to-one match in nonstate funds; and 
 11.14  (iv) report this information to the 
 11.15  commissioner as required. 
 11.16  Law enforcement agencies or 
 11.17  POST-certified skills programs that 
 11.18  receive a computer-controlled driving 
 11.19  simulator under this section must: 
 11.20  (1) provide necessary training to their 
 11.21  employees in emergency vehicle 
 11.22  operations and in the conduct of police 
 11.23  pursuits; 
 11.24  (2) provide a five-year plan for 
 11.25  maintaining the hardware necessary to 
 11.26  operate the driving simulator; 
 11.27  (3) provide a five-year plan to update 
 11.28  software necessary to operate the 
 11.29  driving simulator; 
 11.30  (4) provide a plan to make the driving 
 11.31  simulator available at a reasonable 
 11.32  cost and with reasonable availability 
 11.33  to other law enforcement agencies to 
 11.34  train their officers; and 
 11.35  (5) provide an estimate of the 
 11.36  availability of the driving simulator 
 11.37  for use by other law enforcement 
 11.38  agencies. 
 11.39  By January 15, 2001, the commissioner 
 11.40  shall report to the chairs and ranking 
 11.41  minority members of the house and 
 11.42  senate committees and divisions having 
 11.43  jurisdiction over criminal justice 
 11.44  matters on the tire deflators and the 
 11.45  driving simulator distributed under 
 11.46  this section. 
 11.47  $285,000 the first year is for a 
 11.48  one-time grant to the city of 
 11.49  Minneapolis to implement a coordinated 
 11.50  criminal justice system response to the 
 11.51  CODEFOR (Computer Optimized 
 11.52  Development-Focus on Results) law 
 11.53  enforcement strategy.  This 
 11.54  appropriation is available until 
 11.55  expended. 
 11.56  $795,000 the first year is for a 
 11.57  one-time grant to Hennepin county to 
 11.58  implement a coordinated criminal 
 11.59  justice system response to the CODEFOR 
 11.60  (Computer Optimized Development-Focus 
 11.61  on Results) law enforcement strategy.  
 12.1   This appropriation is available until 
 12.2   expended. 
 12.3   $420,000 the first year is for a 
 12.4   one-time grant to the fourth judicial 
 12.5   district public defender's office to 
 12.6   accommodate the CODEFOR (Computer 
 12.7   Optimized Development-Focus on Results) 
 12.8   law enforcement strategy.  This 
 12.9   appropriation is available until 
 12.10  expended. 
 12.11  $150,000 the first year and $150,000 
 12.12  the second year are for weed and seed 
 12.13  grants under Minnesota Statutes, 
 12.14  section 299A.63.  Money not expended 
 12.15  the first year is available for grants 
 12.16  during the second year.  This is a 
 12.17  one-time appropriation. 
 12.18  $200,000 each year is a one-time 
 12.19  appropriation for a grant to the center 
 12.20  for reducing rural violence to continue 
 12.21  the technical assistance and related 
 12.22  rural violence prevention services the 
 12.23  center offers to rural communities.  
 12.24  $500,000 the first year and $500,000 
 12.25  the second year are to operate the 
 12.26  weekend camp program at Camp Ripley 
 12.27  described in Laws 1997, chapter 239, 
 12.28  article 1, section 12, subdivision 3, 
 12.29  as amended by Laws 1998, chapter 367, 
 12.30  article 10, section 13.  The powers and 
 12.31  duties of the department of corrections 
 12.32  with respect to the weekend program are 
 12.33  transferred to the department of public 
 12.34  safety under Minnesota Statutes, 
 12.35  section 15.039.  The commissioner shall 
 12.36  attempt to expand the program to serve 
 12.37  500 juveniles per year within this 
 12.38  appropriation. 
 12.39  An additional $125,000 the first year 
 12.40  and $125,000 the second year are for 
 12.41  the weekend camp program at Camp Ripley.
 12.42  $500,000 the first year and $500,000 
 12.43  the second year are for Asian-American 
 12.44  juvenile crime intervention and 
 12.45  prevention grants under Minnesota 
 12.46  Statutes, section 256.486.  The powers 
 12.47  and duties of the department of human 
 12.48  services, with respect to that program, 
 12.49  are transferred to the department of 
 12.50  public safety under Minnesota Statutes, 
 12.51  section 15.039.  This is a one-time 
 12.52  appropriation. 
 12.53     Sec. 5.  Laws 1999, chapter 216, article 1, section 18, is 
 12.54  amended to read: 
 12.55  Sec. 18.  AUTOMOBILE THEFT PREVENTION 
 12.56  BOARD                                  2,277,000      1,886,000 
 12.57  This appropriation is from the 
 12.58  automobile theft prevention account in 
 12.59  the special revenue fund. 
 12.60  Of this appropriation, up to $400,000 
 13.1   the first year is transferred to the 
 13.2   commissioner of public safety for the 
 13.3   purchase and distribution of tire 
 13.4   deflators to local or state law 
 13.5   enforcement agencies and for the 
 13.6   purchase of a computer-controlled 
 13.7   driving simulator.  Any amount not 
 13.8   spent by the commissioner of public 
 13.9   safety for this purpose shall be 
 13.10  returned to the automobile theft 
 13.11  prevention account in the special 
 13.12  revenue fund and may be used for other 
 13.13  automobile theft prevention activities. 
 13.14  The automobile theft prevention board 
 13.15  may not spend any money it receives 
 13.16  from surcharges in the fiscal year 
 13.17  2000-2001 biennium, unless the 
 13.18  legislature approves the spending. 
 13.19  The executive director of the 
 13.20  automobile theft prevention board may 
 13.21  not sit on the automobile theft 
 13.22  prevention board. 
 13.23     Sec. 6.  [COURT SECURITY TRAINING PROGRAM.] 
 13.24     The superintendent of the bureau of criminal apprehension 
 13.25  shall develop and implement a training program for court and law 
 13.26  enforcement personnel.  The training program must: 
 13.27     (1) include methods to increase security within court 
 13.28  houses and surrounding property; 
 13.29     (2) focus on protecting judges, court employees, members of 
 13.30  the public, and participants in the legal process; and 
 13.31     (3) allow individuals who receive it to, in turn, 
 13.32  effectively train others. 
 13.33     Sec. 7.  [CROSSWALK SAFETY AWARENESS PROGRAM.] 
 13.34     The Minnesota safety council shall continue its crosswalk 
 13.35  safety awareness program by: 
 13.36     (1) developing and distributing crosswalk safety education 
 13.37  campaign materials; 
 13.38     (2) creating and placing advertisements in mass media 
 13.39  throughout the state; and 
 13.40     (3) making grants to local units of government and law 
 13.41  enforcement agencies for: 
 13.42     (i) implementing pedestrian safety awareness activities; 
 13.43     (ii) providing increased signage and crosswalk markings and 
 13.44  evaluating their effect on highway safety; and 
 13.45     (iii) enhancing enforcement of pedestrian safety laws. 
 14.1      Sec. 8.  [DOMESTIC VIOLENCE SHELTER STUDY.] 
 14.2      By March 15, 2001, the center for applied research and 
 14.3   policy analysis at Metropolitan State University, in cooperation 
 14.4   with the Minnesota center for crime victim services and the 
 14.5   department of public safety, shall study and make 
 14.6   recommendations to the chairs and ranking minority members of 
 14.7   the senate and house committees and divisions having 
 14.8   jurisdiction over criminal justice funding on issues related to 
 14.9   providing shelter for victims of domestic violence.  The study 
 14.10  must estimate the relative impact of the following, as it 
 14.11  relates to providing shelter for victims of domestic violence: 
 14.12     (1) the incidence of domestic violence; 
 14.13     (2) law enforcement practices in response to domestic 
 14.14  violence; 
 14.15     (3) the number of victims seeking shelter and whether 
 14.16  adequate shelter space exists, and trends regarding this; 
 14.17     (4) the number of victims who have children also needing 
 14.18  shelter; 
 14.19     (5) the financial status of domestic violence victims; 
 14.20     (6) the necessary length of stay in shelters; and 
 14.21     (7) opportunities for victims to leave shelters. 
 14.22  In studying these issues, the center shall analyze costs and 
 14.23  demand for shelters in other states having programs comparable 
 14.24  to Minnesota's. 
 14.25     Sec. 9.  [AUTOMATED VICTIM NOTIFICATION SYSTEM.] 
 14.26     All courts and state and local correctional facilities 
 14.27  shall consider implementing an automated victim notification 
 14.28  system.  The commissioner of public safety, in cooperation with 
 14.29  the commissioners of children, families, and learning; 
 14.30  corrections; and economic security; shall provide financial 
 14.31  assistance to implement these systems.  The commissioners shall 
 14.32  determine the extent of the financial assistance and the manner 
 14.33  in which it will be provided.  Participating local governments 
 14.34  shall provide a cash or in-kind match as determined by the 
 14.35  commissioner of public safety. 
 14.36     Sec. 10.  [REPEALER.] 
 15.1      Minnesota Statutes 1998, section 168A.40, subdivisions 1, 
 15.2   3, and 4; and Minnesota Statutes 1999 Supplement, section 
 15.3   168A.40, subdivision 2, are repealed. 
 15.4      Sec. 11.  [EFFECTIVE DATE.] 
 15.5      Section 10 is effective July 1, 2001. 
 15.6                              ARTICLE 3
 15.7                   JUVENILE CORRECTIONAL PROVISIONS
 15.8      Section 1.  [LEGISLATIVE INTENT.] 
 15.9      It is the intent of the legislature that this article 
 15.10  encourage courts to place juvenile offenders at the Minnesota 
 15.11  correctional facility-Red Wing who would otherwise be placed in 
 15.12  out-of-state facilities.  Except as provided in section 8, it is 
 15.13  not the legislature's intent to discourage the placement of 
 15.14  juvenile offenders at nonstate-operated facilities within 
 15.15  Minnesota. 
 15.16     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
 15.17  242.192, is amended to read: 
 15.18     242.192 [CHARGES TO COUNTIES.] 
 15.19     (a) The commissioner shall charge counties or other 
 15.20  appropriate jurisdictions for one-half the actual per diem cost 
 15.21  of confinement, excluding educational costs and non-billable 
 15.22  service, of juveniles at the Minnesota correctional facility-Red 
 15.23  Wing and of juvenile females committed to the commissioner of 
 15.24  corrections.  This charge applies to juveniles committed to the 
 15.25  commissioner of corrections and juveniles admitted to the 
 15.26  Minnesota correctional facility-Red Wing under established 
 15.27  admissions criteria.  This charge applies to both counties that 
 15.28  participate in the Community Corrections Act and those that do 
 15.29  not.  The commissioner shall annually determine costs, making 
 15.30  necessary adjustments to reflect the actual costs of confinement 
 15.31  the per diem cost of confinement based on projected population, 
 15.32  pricing incentives, market conditions, and the requirement that 
 15.33  expense and revenue balance out over a period of two years.  All 
 15.34  money received under this section must be deposited in the state 
 15.35  treasury and credited to the general fund. 
 15.36     (b) The department of corrections shall be responsible for 
 16.1   the other half of the per diem cost of confinement described in 
 16.2   this section. 
 16.3      Sec. 3.  [242.193] [JUVENILE RESIDENTIAL TREATMENT GRANTS.] 
 16.4      Subdivision 1.  [GRANTS.] Within the limits of available 
 16.5   appropriations, the commissioner of corrections shall make 
 16.6   juvenile residential treatment grants to counties to defray the 
 16.7   cost of juvenile residential treatment.  The commissioner shall 
 16.8   distribute 80 percent of the money appropriated for these 
 16.9   purposes to noncommunity corrections act counties and 20 percent 
 16.10  to community corrections act counties.  The commissioner shall 
 16.11  distribute the money according the the formula contained in 
 16.12  section 401.10. 
 16.13     Subd. 2.  [REPORT.] By January 15 of each year, each county 
 16.14  that received a grant shall submit a report to the commissioner 
 16.15  describing the purposes for which the grants were used.  By 
 16.16  March 15 of each year, the commissioner shall summarize this 
 16.17  information and report it to the chairs and ranking minority 
 16.18  members of the senate and house committees and divisions having 
 16.19  jurisdiction over criminal justice funding. 
 16.20     Sec. 4.  Minnesota Statutes 1998, section 242.41, is 
 16.21  amended to read: 
 16.22     242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 
 16.23     There is established the Minnesota correctional 
 16.24  facility-Red Wing at Red Wing, Minnesota, in which may be placed 
 16.25  persons committed to the commissioner of corrections by the 
 16.26  courts of this state who, in the opinion of the commissioner, 
 16.27  may benefit from the programs available thereat or admitted 
 16.28  consistent with established admissions criteria.  When reviewing 
 16.29  placement requests from counties, the commissioner shall take 
 16.30  into consideration the purpose of the Minnesota correctional 
 16.31  facility-Red Wing which is to educate and provide treatment for 
 16.32  serious and chronic juvenile offenders for which the county has 
 16.33  exhausted local resources.  The general control and management 
 16.34  of the facility shall be under the commissioner of corrections.  
 16.35     Sec. 5.  Minnesota Statutes 1998, section 242.43, is 
 16.36  amended to read: 
 17.1      242.43 [COMMISSIONER, DUTIES.] 
 17.2      The commissioner of corrections shall receive, clothe, 
 17.3   maintain, and instruct, at the expense of the state, all 
 17.4   children duly committed to the corrections department and placed 
 17.5   in a state correctional facility for juveniles and keep them in 
 17.6   custody until placed on probation, paroled, or discharged.  The 
 17.7   commissioner may place any of these children in suitable foster 
 17.8   care facilities or cause them to be instructed in such trades or 
 17.9   employment as in the commissioner's judgment will be most 
 17.10  conducive to their reformation and tend to the future benefit 
 17.11  and advantage of these children.  The commissioner may discharge 
 17.12  any child so committed, or may recall to the facility at any 
 17.13  time any child paroled, placed on probation, or transferred; 
 17.14  and, upon recall, may resume the care and control thereof.  The 
 17.15  discharge of a child by the commissioner shall be a complete 
 17.16  release from all penalties and disabilities created by reason of 
 17.17  the commitment. 
 17.18     Upon the parole or discharge of any inmate of any state 
 17.19  juvenile correctional facility, the commissioner of corrections 
 17.20  may pay to each inmate released an amount of money not exceeding 
 17.21  the sum of $10.  All payments shall be made from the current 
 17.22  expense fund of the facility.  
 17.23     Sec. 6.  Minnesota Statutes 1998, section 242.44, is 
 17.24  amended to read: 
 17.25     242.44 [PUPILS.] 
 17.26     The commissioner of corrections, so far as the 
 17.27  accommodations of the correctional facilities and other means at 
 17.28  the commissioner's disposal will permit, shall may receive and 
 17.29  keep until they reach 19 years of age, or until placed in homes, 
 17.30  or discharged, all persons committed to the commissioner's care 
 17.31  and custody by a juvenile court juvenile delinquents and 
 17.32  juvenile offenders serving a juvenile disposition under section 
 17.33  260B.130, subdivision 4.  The commissioner's housing of these 
 17.34  individuals must be consistent with federal and state law, 
 17.35  including established admissions criteria for Minnesota 
 17.36  correctional facility-Red Wing.  The commissioner may place 
 18.1   these youths at employment, may provide education suitable to 
 18.2   their years and capacity, and may place them in suitable homes.  
 18.3   Under rules prescribed by the commissioner, when deemed best for 
 18.4   these youths, they persons committed to the commissioner's care 
 18.5   and custody by a juvenile court may be paroled or discharged 
 18.6   from the facility by the commissioner.  All pupils in the 
 18.7   facility shall be clothed, instructed, and maintained at the 
 18.8   expense of the state by the commissioner of corrections. 
 18.9      Sec. 7.  [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT 
 18.10  MCF-RED WING.] 
 18.11     Subdivision 1.  [WHEN COURT MUST CONSIDER; PROHIBITION ON 
 18.12  PLACEMENT AT OUT-OF-STATE FACILITY.] Before a court orders a 
 18.13  disposition under section 260B.198 or 260B.130, subdivision 4, 
 18.14  for a child, the court shall determine whether the child meets 
 18.15  the established admissions criteria for the Minnesota 
 18.16  correctional facility-Red Wing.  If the child meets the 
 18.17  admissions criteria, the court shall consider placing the child 
 18.18  at the facility and may not place the child in an out-of-state 
 18.19  facility, unless the court makes a finding on the record that 
 18.20  the needs of the child cannot be met at the Minnesota 
 18.21  correctional facility-Red Wing or that the out-of-state facility 
 18.22  is located closer to the child's home. 
 18.23     Subd. 2.  [REPORT REQUIRED.] (a) A court that places a 
 18.24  child in an out-of-state facility shall report the following 
 18.25  information to the sentencing guidelines commission: 
 18.26     (1) the out-of-state facility the child was placed at and 
 18.27  the reasons for this placement; 
 18.28     (2) the in-state facilities at which placement was 
 18.29  considered; 
 18.30     (3) the reasons for not choosing an in-state facility; 
 18.31     (4) the reasons why the child did not meet the established 
 18.32  admissions criteria for the Minnesota correctional facility-Red 
 18.33  Wing, if applicable; and 
 18.34     (5) if the child met the admissions criteria, the reasons 
 18.35  why the needs of the child could not be met at the Minnesota 
 18.36  correctional facility-Red Wing or specific information on the 
 19.1   distance to the out-of-state facility from the offender's home 
 19.2   compared to that of the Minnesota correctional facility-Red Wing.
 19.3      (b) By February 15 of each year, the commission shall 
 19.4   forward a summary of the reports received from courts under this 
 19.5   subdivision for the preceding year to the chairs and ranking 
 19.6   minority members of the senate and house committees and 
 19.7   divisions having jurisdiction over criminal justice policy and 
 19.8   funding. 
 19.9      Sec. 8.  [260B.1991] [MANDATORY COMMITMENT TO COMMISSIONER 
 19.10  OF CORRECTIONS.] 
 19.11     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 19.12  the following terms have the meanings given them. 
 19.13     (b) "Chemical dependency treatment" means a comprehensive 
 19.14  set of planned and organized services, therapeutic experiences, 
 19.15  and interventions that are intended to improve the prognosis, 
 19.16  function, or outcome of residents by reducing the risk of the 
 19.17  use of alcohol, drugs, or other mind-altering substances and 
 19.18  assist the resident to adjust to, and deal more effectively 
 19.19  with, life situations. 
 19.20     (c) An offender has "failed or refused to successfully 
 19.21  complete" treatment when based on factors within the offender's 
 19.22  control, the offender is not able to substantially achieve the 
 19.23  program's goals and the program's director determines that based 
 19.24  on the offender's prior placement or treatment history, further 
 19.25  participation in the program would not result in its successful 
 19.26  completion. 
 19.27     (d) "Probation" has the meaning given in section 609.02, 
 19.28  subdivision 15. 
 19.29     (e) "Sex offender treatment" means a comprehensive set of 
 19.30  planned and organized services, therapeutic experiences, and 
 19.31  interventions that are intended to improve the prognosis, 
 19.32  function, or outcome of residents by reducing the risk of sexual 
 19.33  reoffense and other aggressive behavior and assist the resident 
 19.34  to adjust to, and deal more effectively with, life situations. 
 19.35     Subd. 2.  [WHEN COMMITMENT REQUIRED.] (a) A court having 
 19.36  jurisdiction over a child shall commit the child to the custody 
 20.1   of the commissioner of corrections if the child: 
 20.2      (1) was previously adjudicated delinquent or convicted as 
 20.3   an extended jurisdiction juvenile for an offense for which 
 20.4   registration under section 243.166 was required; 
 20.5      (2) was placed on probation for the offense and ordered to 
 20.6   complete a sex offender or chemical dependency treatment 
 20.7   program; and 
 20.8      (3) subsequently failed or refused to successfully complete 
 20.9   the program. 
 20.10     (b) If the child was initially convicted as an extended 
 20.11  jurisdiction juvenile, the court may execute the child's adult 
 20.12  sentence under section 260B.130, subdivision 4.  Notwithstanding 
 20.13  paragraph (c), if the court does not do this, it shall comply 
 20.14  with paragraph (a). 
 20.15     (c) If the court makes a finding on the record that the 
 20.16  needs of the child cannot be met at the Minnesota correctional 
 20.17  facility-Red Wing, the court may order an appropriate 
 20.18  alternative placement, including at an out-of-state facility 
 20.19  that is located closer to the child's home than the Minnesota 
 20.20  correctional facility-Red Wing. 
 20.21     Subd. 3.  [REPORT REQUIRED.] (a) A court ordering a 
 20.22  placement under subdivision 2, paragraph (c), shall report to 
 20.23  the sentencing guidelines commission on the placement ordered 
 20.24  and the reasons why the needs of the child could not be met at 
 20.25  the Minnesota correctional facility-Red Wing.  If the placement 
 20.26  is to an out-of-state facility, the report must include specific 
 20.27  information on the distance to the out-of-state facility from 
 20.28  the offender's home compared to that of the Minnesota 
 20.29  correctional facility-Red Wing. 
 20.30     (b) By February 15 of each year, the commission shall 
 20.31  summarize the reports received from courts under this 
 20.32  subdivision for the preceding year and forward this summary to 
 20.33  the chairs and ranking minority members of the senate and house 
 20.34  committees and divisions having jurisdiction over criminal 
 20.35  justice policy and funding. 
 20.36     Sec. 9.  [STUDY; REPORT.] 
 21.1      (a) The commissioner of corrections shall study the state's 
 21.2   juvenile correctional system as it relates to serious and 
 21.3   chronic offenders.  The study must analyze and make proposals 
 21.4   regarding: 
 21.5      (1) the role of the state and counties in providing 
 21.6   services; 
 21.7      (2) the funding of these services; 
 21.8      (3) the extent to which research-based best practices exist 
 21.9   and are accessible to counties; 
 21.10     (4) the method and process used to administer the juvenile 
 21.11  commitment and parole systems; 
 21.12     (5) the degree to which existing practice reflects the 
 21.13  legislature's intent in enacting juvenile justice laws; and 
 21.14     (6) other related issues deemed relevant by the 
 21.15  commissioner. 
 21.16     (b) By January 15, 2001, the commissioner shall report the 
 21.17  study's findings and proposals to the chairs and ranking 
 21.18  minority members of the senate and house committees and 
 21.19  divisions having jurisdiction over criminal justice policy 
 21.20  funding. 
 21.21                             ARTICLE 4
 21.22                     CAPITOL POLICE DEPARTMENT
 21.23     Section 1.  [299N.01] [DEFINITIONS.] 
 21.24     As used in this chapter, the following terms have the 
 21.25  meanings given: 
 21.26     (1) "commissioner" means the commissioner of public safety; 
 21.27  and 
 21.28     (2) "law enforcement agency" has the meaning given in 
 21.29  section 626.84, subdivision 1. 
 21.30     Sec. 2.  [299N.02] [CAPITOL POLICE DEPARTMENT.] 
 21.31     Subdivision 1.  [DESCRIPTION AND RESPONSIBILITIES.] The 
 21.32  capitol police department is a law enforcement agency organized 
 21.33  as a division in the department of public safety.  It is 
 21.34  responsible for providing law enforcement services in the 
 21.35  capitol complex and in other state-owned or leased buildings and 
 21.36  property as designated by the commissioner.  The department has 
 22.1   primary jurisdiction over offenses occurring in these 
 22.2   locations.  It is also responsible for providing necessary 
 22.3   security to the following:  legislators; constitutional 
 22.4   officers, except for the governor; members of the judiciary; 
 22.5   commissioners of state agencies; state employees; visiting 
 22.6   dignitaries; and members of the public.  In addition, the 
 22.7   department shall provide public information services in the 
 22.8   capitol complex. 
 22.9      Subd. 2.  [DIRECTOR.] The capitol police department is 
 22.10  under the supervision and control of a director appointed by the 
 22.11  commissioner.  The director is the agency's chief law 
 22.12  enforcement officer.  The director must be a peace officer, as 
 22.13  defined in section 626.84, subdivision 1, paragraph (c), and 
 22.14  licensed under sections 626.84 to 626.863, and possess the 
 22.15  necessary police and management experience to manage a law 
 22.16  enforcement agency.  The director serves at the commissioner's 
 22.17  pleasure in the unclassified service.  The director may appoint, 
 22.18  discipline, and discharge all of the department's personnel.  
 22.19  The director shall ensure that only individuals licensed as 
 22.20  peace officers, as defined in section 626.84, subdivision 1, 
 22.21  paragraph (c), are assigned to duties involving the providing of 
 22.22  law enforcement services and that only these officers wear 
 22.23  uniforms consistent with section 626.88, subdivision 2. 
 22.24     Subd. 3.  [STATEWIDE ARREST AUTHORITY.] Members of the 
 22.25  capitol police department who are licensed peace officers 
 22.26  possess statewide arrest authority. 
 22.27     Subd. 4.  [RESPONSIBILITIES OF CAPITOL SECURITY DIVISION 
 22.28  TRANSFERRED.] The responsibilities of the capitol complex 
 22.29  security division are transferred to the capitol police 
 22.30  department under section 15.039. 
 22.31     Subd. 5.  [LEGISLATURE'S AUTHORITY NOT SUPERSEDED.] This 
 22.32  section shall not be construed to supersede the power of the 
 22.33  legislature to appoint and assign personnel and equipment 
 22.34  necessary for the conduct of its business. 
 22.35     Subd. 6.  [COMPLIANCE WITH OTHER LAWS.] Except as provided 
 22.36  in this chapter: 
 23.1      (1) the capitol police department is subject to all laws 
 23.2   governing the operation and management of a law enforcement 
 23.3   agency; and 
 23.4      (2) members of the capitol police department who are 
 23.5   licensed peace officers are subject to all laws governing the 
 23.6   qualifications and conduct of peace officers. 
 23.7      Subd. 7.  [TRAINING.] The director shall ensure that 
 23.8   capitol police officers and employees receive appropriate 
 23.9   training and support, including the additional training and 
 23.10  support recommended in the January 2000 Capitol Complex Security 
 23.11  Study, option 2, item 1. 
 23.12     Sec. 3.  [299N.03] [CAPITOL COMPLEX SECURITY OVERSIGHT 
 23.13  COMMITTEE.] 
 23.14     Subdivision 1.  [MEMBERSHIP.] (a) The capitol complex 
 23.15  oversight committee consists of the following individuals or 
 23.16  their designees: 
 23.17     (1) the senate majority leader; 
 23.18     (2) the speaker of the house of representatives; 
 23.19     (3) the chief justice of the supreme court; 
 23.20     (4) the chair of the senate committee or division having 
 23.21  jurisdiction over criminal justice funding; 
 23.22     (5) the chair of the house of representatives committee or 
 23.23  division having jurisdiction over criminal justice funding; 
 23.24     (6) the commissioner of public safety; 
 23.25     (7) the commissioner of administration; 
 23.26     (8) the senate sergeant at arms; 
 23.27     (9) the house of representatives' sergeant at arms; 
 23.28     (10) the director of the state historical society; 
 23.29     (11) the president of a statewide association representing 
 23.30  government relations professionals; 
 23.31     (12) the director of the capitol police department; and 
 23.32     (13) an employee of the capitol police department, chosen 
 23.33  by the organization serving as its employees' exclusive 
 23.34  representative. 
 23.35     (b) The committee may elect a chair from among its 
 23.36  members.  The director and the employee of the capitol police 
 24.1   department may not vote on matters relating to the department's 
 24.2   budget or evaluating its effectiveness or other matters in which 
 24.3   they have a conflict of interest. 
 24.4      Subd. 2.  [DUTIES.] The oversight committee shall: 
 24.5      (1) develop both a short-term and a long-term plan relating 
 24.6   to the provision of security in the capitol complex and in other 
 24.7   state-owned or leased buildings and property, including 
 24.8   providing necessary security to the following:  legislators, 
 24.9   constitutional officers, members of the judiciary, commissioners 
 24.10  of state agencies, state employees, visiting dignitaries, and 
 24.11  members of the public; 
 24.12     (2) develop guidelines that may be used to evaluate the 
 24.13  methods by which this security is provided; 
 24.14     (3) evaluate the budget for providing this security and 
 24.15  make annual budgetary recommendations to the legislature; and 
 24.16     (4) provide oversight to the entity providing capitol area 
 24.17  security and annually report to the legislature on the entity's 
 24.18  effectiveness. 
 24.19  The plans described in clause (1) must consider potential 
 24.20  shifting needs for security and the impact of new security 
 24.21  technology. 
 24.22     Subd. 3.  [EXPIRATION AND COMPENSATION.] Notwithstanding 
 24.23  section 15.059, the oversight committee does not expire.  
 24.24  Committee members may not receive compensation for serving, but 
 24.25  may receive expense reimbursements as provided in section 15.059.
 24.26     Sec. 4.  [299N.04] [CONTRACT SERVICES; APPROPRIATION.] 
 24.27     Fees received for contracted security services provided by 
 24.28  the capitol police department are to be credited to a special 
 24.29  account in the treasury and are appropriated annually to the 
 24.30  commissioner to be used for the operation of the department. 
 24.31     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
 24.32  626.84, subdivision 1, is amended to read: 
 24.33     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 24.34  626.84 to 626.863, the following terms have the meanings given 
 24.35  them: 
 24.36     (a) "Board" means the board of peace officer standards and 
 25.1   training. 
 25.2      (b) "Director" means the executive director of the board. 
 25.3      (c) "Peace officer" means: 
 25.4      (1) an employee or an elected or appointed official of a 
 25.5   political subdivision or law enforcement agency who is licensed 
 25.6   by the board, charged with the prevention and detection of crime 
 25.7   and the enforcement of the general criminal laws of the state 
 25.8   and who has the full power of arrest, and shall also include the 
 25.9   Minnesota state patrol, agents of the division of alcohol and 
 25.10  gambling enforcement, state conservation officers, capitol 
 25.11  police officers, and metropolitan transit police officers; and 
 25.12     (2) a peace officer who is employed by a law enforcement 
 25.13  agency of a federally recognized tribe, as defined in United 
 25.14  States Code, title 25, section 450b(e), and who is licensed by 
 25.15  the board. 
 25.16     (d) "Constable" has the meaning assigned to it in section 
 25.17  367.40. 
 25.18     (e) "Deputy constable" has the meaning assigned to it in 
 25.19  section 367.40. 
 25.20     (f) "Part-time peace officer" means an individual licensed 
 25.21  by the board whose services are utilized by law enforcement 
 25.22  agencies no more than an average of 20 hours per week, not 
 25.23  including time spent on call when no call to active duty is 
 25.24  received, calculated on an annual basis, who has either full 
 25.25  powers of arrest or authorization to carry a firearm while on 
 25.26  active duty.  The term shall apply even though the individual 
 25.27  receives no compensation for time spent on active duty, and 
 25.28  shall apply irrespective of the title conferred upon the 
 25.29  individual by any law enforcement agency.  The limitation on the 
 25.30  average number of hours in which the services of a part-time 
 25.31  peace officer may be utilized shall not apply to a part-time 
 25.32  peace officer who has formally notified the board pursuant to 
 25.33  rules adopted by the board of the part-time peace officer's 
 25.34  intention to pursue the specialized training for part-time peace 
 25.35  officers who desire to become peace officers pursuant to 
 25.36  sections 626.843, subdivision 1, clause (g), and 626.845, 
 26.1   subdivision 1, clause (g). 
 26.2      (g) "Reserve officer" means an individual whose services 
 26.3   are utilized by a law enforcement agency to provide 
 26.4   supplementary assistance at special events, traffic or crowd 
 26.5   control, and administrative or clerical assistance.  A reserve 
 26.6   officer's duties do not include enforcement of the general 
 26.7   criminal laws of the state, and the officer does not have full 
 26.8   powers of arrest or authorization to carry a firearm on duty. 
 26.9      (h) "Law enforcement agency" means: 
 26.10     (1) a unit of state or local government that is authorized 
 26.11  by law to grant full powers of arrest and to charge a person 
 26.12  with the duties of preventing and detecting crime and enforcing 
 26.13  the general criminal laws of the state; and 
 26.14     (2) subject to the limitations in section 626.93, a law 
 26.15  enforcement agency of a federally recognized tribe, as defined 
 26.16  in United States Code, title 25, section 450b(e). 
 26.17     (i) "Professional peace officer education" means a 
 26.18  post-secondary degree program, or a nondegree program for 
 26.19  persons who already have a college degree, that is offered by a 
 26.20  college or university in Minnesota, designed for persons seeking 
 26.21  licensure as a peace officer, and approved by the board. 
 26.22     Sec. 6.  [REPEALER.] 
 26.23     Minnesota Statutes 1998, sections 299E.01; 299E.02; and 
 26.24  626.88, subdivision 3, are repealed. 
 26.25     Sec. 7.  [EFFECTIVE DATE.] 
 26.26     Sections 1 to 6 are effective July 1, 2000. 
 26.27                             ARTICLE 5
 26.28                          OTHER PROVISIONS
 26.29     Section 1.  Minnesota Statutes 1998, section 169.21, 
 26.30  subdivision 2, is amended to read: 
 26.31     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
 26.32  traffic-control signals are not in place or in operation, the 
 26.33  driver of a vehicle shall stop to yield the right-of-way to a 
 26.34  pedestrian crossing the roadway within a marked crosswalk or 
 26.35  within any crosswalk at an intersection but with no marked 
 26.36  crosswalk.  The driver must remain stopped until the pedestrian 
 27.1   has passed the lane in which the vehicle is stopped.  No 
 27.2   pedestrian shall suddenly leave a curb or other place of safety 
 27.3   and walk or run into the path of a vehicle which is so close 
 27.4   that it is impossible for the driver to yield.  This provision 
 27.5   shall not apply under the conditions as otherwise provided in 
 27.6   this subdivision. 
 27.7      (b) When any vehicle is stopped at a marked crosswalk or at 
 27.8   any unmarked crosswalk at an intersection with no marked 
 27.9   crosswalk to permit a pedestrian to cross the roadway, the 
 27.10  driver of any other vehicle approaching from the rear shall not 
 27.11  overtake and pass the stopped vehicle. 
 27.12     (c) It is unlawful for any person to drive a motor vehicle 
 27.13  through a column of school children crossing a street or highway 
 27.14  or past a member of a school safety patrol or adult crossing 
 27.15  guard, while the member of the school safety patrol or adult 
 27.16  crossing guard is directing the movement of children across a 
 27.17  street or highway and while the school safety patrol member or 
 27.18  adult crossing guard is holding an official signal in the stop 
 27.19  position.  A peace officer may arrest the driver of a motor 
 27.20  vehicle if the peace officer has probable cause to believe that 
 27.21  the driver has operated the vehicle in violation of this 
 27.22  paragraph within the past four hours.  
 27.23     (d) A person who violates this subdivision is guilty of a 
 27.24  misdemeanor and may be sentenced to imprisonment for not more 
 27.25  than 90 days or to payment of a fine of not more than $700, or 
 27.26  both.  A person who violates this subdivision a second or 
 27.27  subsequent time within one year of a previous conviction under 
 27.28  this subdivision is guilty of a gross misdemeanor and may be 
 27.29  sentenced to imprisonment for not more than one year or to 
 27.30  payment of a fine of not more than $3,000, or both. 
 27.31     Sec. 2.  Minnesota Statutes 1998, section 169.21, 
 27.32  subdivision 3, is amended to read: 
 27.33     Subd. 3.  [CROSSING BETWEEN INTERSECTIONS.] Every 
 27.34  pedestrian crossing a roadway at any point other than within a 
 27.35  marked crosswalk or within an unmarked crosswalk at an 
 27.36  intersection with no marked crosswalk shall yield the 
 28.1   right-of-way to all vehicles upon the roadway. 
 28.2      Any pedestrian crossing a roadway at a point where a 
 28.3   pedestrian tunnel or overhead pedestrian crossing has been 
 28.4   provided shall yield the right-of-way to all vehicles upon the 
 28.5   roadway. 
 28.6      Between adjacent intersections at which traffic-control 
 28.7   signals are in operation pedestrians shall not cross at any 
 28.8   place except in a marked crosswalk. 
 28.9      Notwithstanding the other provisions of this section every 
 28.10  driver of a vehicle shall:  (a) exercise due care to avoid 
 28.11  colliding with any bicycle or pedestrian upon any roadway and 
 28.12  (b) give an audible signal when necessary and exercise proper 
 28.13  precaution upon observing any child or any obviously confused or 
 28.14  incapacitated person upon a roadway. 
 28.15     Sec. 3.  [169.2151] [PEDESTRIAN SAFETY CROSSINGS.] 
 28.16     A local road authority may provide by ordinance for the 
 28.17  designation of pedestrian safety crossings on highways under the 
 28.18  road authority's jurisdiction where pedestrian safety 
 28.19  considerations require extra time for pedestrian crossing in 
 28.20  addition to the time recommended under the Minnesota manual of 
 28.21  uniform traffic control devices for pedestrian signals.  The 
 28.22  ordinance may provide for timing of pedestrian signals for such 
 28.23  crossings, consistent with the recommendations of the uniform 
 28.24  manual for pedestrian signal timing at senior citizen and 
 28.25  handicapped pedestrian crossings.  Cities other than cities of 
 28.26  the first class may designate a pedestrian safety crossing only 
 28.27  with the approval of the road authority having jurisdiction over 
 28.28  the crossing.  The authority of local road authorities to 
 28.29  determine pedestrian signal timing under this section is in 
 28.30  addition to any other control exercised by local road 
 28.31  authorities over the timing of pedestrian signals. 
 28.32     Sec. 4.  [241.018] [PER DIEM CALCULATION.] 
 28.33     (a) The commissioner of corrections shall develop a uniform 
 28.34  method to calculate the average department wide per diem cost of 
 28.35  incarcerating offenders at state correctional facilities.  In 
 28.36  addition to other costs currently factored into the per diem, it 
 29.1   must include an appropriate percentage of capitol costs for all 
 29.2   correctional facilities and 65 percent of the department's 
 29.3   management services budget. 
 29.4      (b) The commissioner also shall use this method of 
 29.5   calculating per diem costs for offenders in each state 
 29.6   correctional facility.  When calculating the per diem cost of 
 29.7   incarcerating offenders at a particular facility, the 
 29.8   commissioner shall include an appropriate percentage of capital 
 29.9   costs for the facility and an appropriate prorated amount, given 
 29.10  the facility's population, of 65 percent of the department's 
 29.11  management services budget. 
 29.12     (c) The commissioner shall ensure that the new per diem 
 29.13  method is used in all future instances in which the department's 
 29.14  or any facility's per diem charge is reported. 
 29.15     (d) The commissioner shall report information related to 
 29.16  these per diems to the chairs and ranking minority members of 
 29.17  the senate and house committees and divisions having 
 29.18  jurisdiction over criminal justice funding by January 15, 2001. 
 29.19     Sec. 5.  Minnesota Statutes 1998, section 477A.0121, 
 29.20  subdivision 4, is amended to read: 
 29.21     Subd. 4.  [PUBLIC DEFENDER COSTS.] Each calendar year, 1.5 
 29.22  percent of the total appropriation for this section shall be 
 29.23  retained by the commissioner of revenue to make reimbursements 
 29.24  to the commissioner of finance for payments made under section 
 29.25  611.27.  The reimbursements shall be to defray the additional 
 29.26  costs associated with court-ordered counsel under section 611.27 
 29.27  and the costs of services other than counsel under section 
 29.28  611.27, subdivision 16.  Any retained amounts not used for 
 29.29  reimbursement in a year shall be included in the next 
 29.30  distribution of county criminal justice aid that is certified to 
 29.31  the county auditors for the purpose of property tax reduction 
 29.32  for the next taxes payable year. 
 29.33     Sec. 6.  Minnesota Statutes 1998, section 609.322, 
 29.34  subdivision 1, is amended to read: 
 29.35     Subdivision 1.  [INDIVIDUALS UNDER AGE 16 18.] Whoever, 
 29.36  while acting other than as a prostitute or patron, intentionally 
 30.1   does any of the following may be sentenced to imprisonment for 
 30.2   not more than 20 years or to payment of a fine of not more than 
 30.3   $40,000, or both: 
 30.4      (1) solicits or induces an individual under the age of 16 
 30.5   18 years to practice prostitution; 
 30.6      (2) promotes the prostitution of an individual under the 
 30.7   age of 16 18 years; or 
 30.8      (3) receives profit, knowing or having reason to know that 
 30.9   it is derived from the prostitution, or the promotion of the 
 30.10  prostitution, of an individual under the age of 16 18 years. 
 30.11     Sec. 7.  Minnesota Statutes 1998, section 611.21, is 
 30.12  amended to read: 
 30.13     611.21 [SERVICES OTHER THAN COUNSEL.] 
 30.14     (a) Private counsel appointed by the court for an indigent 
 30.15  defendant, or representing a defendant who, at the outset of the 
 30.16  prosecution, has an annual income not greater than 125 percent 
 30.17  of the poverty line established under United States Code, title 
 30.18  42, section 9902(2), and public defenders in districts that are 
 30.19  not fully state funded, may file an ex parte application 
 30.20  requesting investigative, expert, or other services necessary to 
 30.21  an adequate defense in the case.  Upon finding, after 
 30.22  appropriate inquiry in an ex parte proceeding, that the services 
 30.23  are necessary and that the defendant is financially unable to 
 30.24  obtain them, the court shall authorize counsel to obtain the 
 30.25  services on behalf of the defendant.  The court may establish a 
 30.26  limit on the amount which may be expended or promised for such 
 30.27  services.  The court may, in the interests of justice, and upon 
 30.28  a finding that timely procurement of necessary services could 
 30.29  not await prior authorization, ratify such services after they 
 30.30  have been obtained, but such ratification shall be given only in 
 30.31  unusual situations.  The court shall determine reasonable 
 30.32  compensation for the services and direct payment by the county 
 30.33  in which the prosecution originated, to the organization or 
 30.34  person who rendered them, upon the filing of a claim for 
 30.35  compensation supported by an affidavit specifying the time 
 30.36  expended, services rendered, and expenses incurred on behalf of 
 31.1   the defendant, and the compensation received in the same case or 
 31.2   for the same services from any other source.  
 31.3      (b) The compensation to be paid to a person for such 
 31.4   service rendered to a defendant under this section, or to be 
 31.5   paid to an organization for such services rendered by an 
 31.6   employee, may not exceed $1,000, exclusive of reimbursement for 
 31.7   expenses reasonably incurred, unless payment in excess of that 
 31.8   limit is certified by the court as necessary to provide fair 
 31.9   compensation for services of an unusual character or duration 
 31.10  and the amount of the excess payment is approved by the chief 
 31.11  judge of the district.  The chief judge of the judicial district 
 31.12  may delegate approval authority to an active district judge.  
 31.13     (c) If the court denies authorizing counsel to obtain 
 31.14  services on behalf of the defendant, the court shall make 
 31.15  written findings of fact and conclusions of law that state the 
 31.16  basis for determining that counsel may not obtain services on 
 31.17  behalf of the defendant.  When the court issues an order denying 
 31.18  counsel the authority to obtain services, the defendant may 
 31.19  appeal immediately from that order to the court of appeals and 
 31.20  may request an expedited hearing. 
 31.21     (d) The provisions of this section do not apply to 
 31.22  representation by a public defender appointed by the court in 
 31.23  districts that are fully state funded. 
 31.24     Sec. 8.  Minnesota Statutes 1998, section 611.27, 
 31.25  subdivision 5, is amended to read: 
 31.26     Subd. 5.  [DISTRICT PUBLIC DEFENDER BUDGETS.] The board of 
 31.27  public defense may only fund those items and services in 
 31.28  district public defender budgets which were included in the 
 31.29  original budgets of district public defender offices as of 
 31.30  January 1, 1990.  All other public defense related costs remain 
 31.31  the responsibility of the counties unless the state specifically 
 31.32  appropriates for these.  The cost of additional state funding of 
 31.33  these items and services must be offset by reductions in local 
 31.34  aids in the same manner as the original state takeover, or, in 
 31.35  the case of expenses other than counsel under section 611.27, 
 31.36  subdivision 16, by the use of county criminal justice aid under 
 32.1   section 477A.0121, subdivision 4.  
 32.2      Sec. 9.  Minnesota Statutes 1998, section 611.27, is 
 32.3   amended by adding a subdivision to read: 
 32.4      Subd. 16.  [SERVICES OTHER THAN COUNSEL.] An assistant 
 32.5   public defender, who has been appointed by the court to 
 32.6   represent an indigent defendant, may request from the board of 
 32.7   public defense, funds to pay for investigative, expert or other 
 32.8   services necessary to an adequate defense in the case.  The 
 32.9   board of public defense shall pay for the services from funds 
 32.10  appropriated for that purpose in districts fully funded by the 
 32.11  state. 
 32.12     If sufficient funds are not available to the board of 
 32.13  public defense, the commissioner of finance shall make payment 
 32.14  from county criminal justice aid retained by the commissioner of 
 32.15  revenue for that purpose under section 477A.0121, subdivision 4. 
 32.16     Sec. 10.  Minnesota Statutes 1998, section 611A.32, 
 32.17  subdivision 5, is amended to read: 
 32.18     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 32.19  Personal history information and other information collected, 
 32.20  used or maintained by a grantee or a shelter facility receiving 
 32.21  per diem payments from which the identity of any battered woman 
 32.22  may be determined is private data on individuals, as defined in 
 32.23  section 13.02, subdivision 12, and the grantee or facility shall 
 32.24  maintain the data in accordance with the provisions of chapter 
 32.25  13. 
 32.26     Sec. 11.  [611A.37] [DEFINITIONS.] 
 32.27     Subdivision 1.  [SCOPE.] For purposes of sections 611A.37 
 32.28  to 611A.375, the terms defined have the meanings given them 
 32.29  unless otherwise provided or indicated by the context. 
 32.30     Subd. 2.  [DIRECTOR.] "Director" means the director of the 
 32.31  Minnesota center for crime victim services or a designee. 
 32.32     Subd. 3.  [CENTER.] "Center" means the Minnesota center for 
 32.33  crime victim services. 
 32.34     Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
 32.35  secure crisis shelter, housing network, safe home, or other 
 32.36  facility operated by a nonprofit organization and designated by 
 33.1   the center for the purpose of providing food, lodging, safety, 
 33.2   and 24-hour coverage for battered women and their children. 
 33.3      Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
 33.4   shelter facility" means a facility that has applied and been 
 33.5   approved by the center to provide shelter and services to 
 33.6   battered women and their children. 
 33.7      Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
 33.8   charge per person for providing food, lodging, safety, and 
 33.9   24-hour coverage for battered women and their children. 
 33.10     Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
 33.11  amount the center has reserved for each shelter facility. 
 33.12     Subd. 8.  [SHELTER RESIDENT.] "Shelter resident" means a 
 33.13  woman or child residing in a shelter facility. 
 33.14     Subd. 9.  [BATTERED WOMAN.] "Battered woman" means a woman 
 33.15  who has experienced domestic abuse as defined in section 
 33.16  518B.01, subdivision 2, paragraph (a). 
 33.17     Sec. 12.  [611A.371] [PROGRAM PURPOSE.] 
 33.18     The purpose of the per diem program is to provide 
 33.19  reimbursement in a timely, efficient manner to local programs 
 33.20  for maintenance and security costs to assure the availability of 
 33.21  safe shelter for battered women.  Per diem funding may not be 
 33.22  used for other purposes. 
 33.23     Sec. 13.  [611A.372] [DUTIES OF THE DIRECTOR.] 
 33.24     In addition to any other duties imposed by law, the 
 33.25  director, with the approval of the commissioner of public 
 33.26  safety, shall: 
 33.27     (1) supervise the administration of per diem payments to 
 33.28  shelter facilities; 
 33.29     (2) collect data on shelter facilities; 
 33.30     (3) conduct an annual evaluation of the per diem program; 
 33.31  and 
 33.32     (4) report to the governor and the legislature on the need 
 33.33  for emergency secure shelter. 
 33.34     Sec. 14.  [611A.373] [ELIGIBILITY.] 
 33.35     Designated shelter facilities may seek reimbursement for 
 33.36  reasonable and necessary costs of providing battered women and 
 34.1   their children with food, lodging, and safety. 
 34.2      Sec. 15.  [611A.374] [PAYMENTS.] 
 34.3      Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
 34.4   facilities may submit requests for payment monthly based on the 
 34.5   number of persons housed.  Upon approval of the request for 
 34.6   payment by the center, payments shall be made directly to 
 34.7   designated shelter facilities from per diem funds on behalf of 
 34.8   women and their children who reside in the shelter facility.  
 34.9   Payments made to a designated shelter facility must not exceed 
 34.10  the annual reserve amount for that facility unless approved by 
 34.11  the director.  Payments to designated shelter facilities must 
 34.12  not affect the eligibility of individuals who reside in shelter 
 34.13  facilities for public assistance benefits except when required 
 34.14  by federal law or regulation. 
 34.15     Subd. 2.  [RESERVE AMOUNT LIMITATION.] The total of all 
 34.16  reserve amounts shall not exceed the per diem appropriation. 
 34.17     Sec. 16.  [611A.3745] [CONSULTATION WITH BATTERED WOMEN 
 34.18  ADVISORY COUNCIL.] 
 34.19     The director shall consult with the battered women advisory 
 34.20  council when performing duties under sections 611A.371 to 
 34.21  611A.375. 
 34.22     Sec. 17.  [611A.375] [APPEAL PROCESS.] 
 34.23     Within 30 days after receiving a decision by the center to 
 34.24  deny payment, a designated shelter facility may request 
 34.25  reconsideration.  A facility may not appeal a decision by the 
 34.26  center to deny payments in excess of the facility's reserve 
 34.27  amount.  A designated shelter facility denied payment upon 
 34.28  reconsideration is entitled to a contested case hearing within 
 34.29  the meaning of chapter 14. 
 34.30     Sec. 18.  [EFFECTIVE DATE.] 
 34.31     Sections 1 to 3 are effective September 1, 2000.  Section 6 
 34.32  is effective August 1, 2000, and applies to crimes committed on 
 34.33  or after that date.  Sections 5 and 7 to 9 are effective July 1, 
 34.34  2000, for cases assigned to the public defender on or after that 
 34.35  date.