SF 619

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring additional findings 
  1.3             before pretrial release of a defendant accused of 
  1.4             domestic abuse, harassment, or violation of an order 
  1.5             for protection; providing that additional crimes and 
  1.6             crimes from other jurisdictions may be used to enhance 
  1.7             penalties; increasing criminal penalties; specifying 
  1.8             standards for domestic abuse offender programs and 
  1.9             requiring courts to sentence certain offenders to 
  1.10            these programs; authorizing domestic abuse advocates 
  1.11            to access private data in police reports; clarifying 
  1.12            procedures for recognition of parentage and requiring 
  1.13            separate proceedings; allowing certain prior 
  1.14            statements of domestic abuse by the victim to be 
  1.15            admissible in judicial proceedings; requiring 
  1.16            probation agencies to adopt specialized policies for 
  1.17            classifying the risk level of domestic abuse 
  1.18            offenders; requiring data collection on disorderly 
  1.19            conduct convictions; appropriating money to increase 
  1.20            supervision of high risk domestic abuse offenders by 
  1.21            means of caseload reduction; appropriating money to 
  1.22            fund services for battered women; appropriating money 
  1.23            for criminal justice intervention projects; 
  1.24            appropriating money for monitoring judicial responses 
  1.25            to domestic assault; amending Minnesota Statutes 2000, 
  1.26            sections 257.75, subdivision 3; 299C.10, subdivision 
  1.27            1; 518B.01, subdivisions 3, 6, and 14; 609.224, 
  1.28            subdivisions 2 and 4; 609.2242, subdivisions 2 and 4; 
  1.29            609.748, subdivision 6; 609.749, subdivisions 4 and 5; 
  1.30            629.341, subdivisions 1 and 4; and 629.72; proposing 
  1.31            coding for new law in Minnesota Statutes, chapters 
  1.32            518B; 611A; and 634; repealing Minnesota Statutes 
  1.33            2000, section 609.2244, subdivision 4. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  Minnesota Statutes 2000, section 257.75, 
  1.36  subdivision 3, is amended to read: 
  1.37     Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
  1.38  and section 257.55, subdivision 1, paragraph (g) or (h), The 
  1.39  recognition has the force and effect of a judgment or order 
  2.1   determining the existence of the parent and child relationship 
  2.2   under section 257.66, except for the purposes of determining 
  2.3   temporary custody or temporary parenting time under section 
  2.4   257.55, subdivision 1, paragraph (g) or (h); 257.75, subdivision 
  2.5   2; or 518B.01, subdivision 6.  If the conditions in section 
  2.6   257.55, subdivision 1, paragraph (g) or (h), exist, the 
  2.7   recognition creates only a presumption of paternity for purposes 
  2.8   of sections 257.51 to 257.74.  Once a recognition has been 
  2.9   properly executed and filed with the state registrar of vital 
  2.10  statistics, if there are no competing presumptions of paternity, 
  2.11  a judicial or administrative court may not allow further action 
  2.12  to determine parentage regarding the signator of the 
  2.13  recognition.  Temporary custody and temporary parenting time 
  2.14  under section 518B.01 cannot be determined based upon a validly 
  2.15  signed recognition of parentage.  An action to determine custody 
  2.16  and parenting time may be commenced pursuant to chapter 518 
  2.17  without an adjudication of parentage.  Until an order is entered 
  2.18  granting custody to another, the mother has sole custody.  The 
  2.19  recognition is: 
  2.20     (1) a basis for bringing an independent action to award 
  2.21  custody or parenting time to either parent, establishing a child 
  2.22  support obligation which may include up to the two years 
  2.23  immediately preceding the commencement of the action, ordering a 
  2.24  contribution by a parent under section 256.87, or ordering a 
  2.25  contribution to the reasonable expenses of the mother's 
  2.26  pregnancy and confinement, as provided under section 257.66, 
  2.27  subdivision 3, or ordering reimbursement for the costs of blood 
  2.28  or genetic testing, as provided under section 257.69, 
  2.29  subdivision 2; 
  2.30     (2) determinative for all other purposes related to the 
  2.31  existence of the parent and child relationship, except in 
  2.32  matters arising out of section 518B.01, subdivision 6; and 
  2.33     (3) entitled to full faith and credit in other 
  2.34  jurisdictions.  
  2.35     Sec. 2.  Minnesota Statutes 2000, section 299C.10, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
  3.2   made the duty of the sheriffs of the respective counties, of the 
  3.3   police officers in cities of the first, second, and third 
  3.4   classes, under the direction of the chiefs of police in such 
  3.5   cities, and of community corrections agencies operating secure 
  3.6   juvenile detention facilities to take or cause to be taken 
  3.7   immediately finger and thumb prints, photographs, distinctive 
  3.8   physical mark identification data, and other identification data 
  3.9   requested or required by the superintendent of the bureau, of 
  3.10  the following: 
  3.11     (1) persons arrested for a felony or gross misdemeanor; 
  3.12     (2) juveniles arrested for or alleged to have committed 
  3.13  felonies as distinguished from those committed by adult 
  3.14  offenders; 
  3.15     (3) persons reasonably believed by the arresting officer to 
  3.16  be fugitives from justice; 
  3.17     (4) persons in whose possession, when arrested, are found 
  3.18  concealed firearms or other dangerous weapons, burglar tools or 
  3.19  outfits, high-power explosives, or articles, machines, or 
  3.20  appliances usable for an unlawful purpose and reasonably 
  3.21  believed by the arresting officer to be intended for such 
  3.22  purposes; and 
  3.23     (5) juveniles referred by a law enforcement agency to a 
  3.24  diversion program for a felony or gross misdemeanor offense. 
  3.25  Within 24 hours the fingerprint records and other identification 
  3.26  data specified under this paragraph must be forwarded to the 
  3.27  bureau of criminal apprehension on such forms and in such manner 
  3.28  as may be prescribed by the superintendent of the bureau of 
  3.29  criminal apprehension. 
  3.30     (b) Effective August 1, 1997, the identification reporting 
  3.31  requirements shall also apply to persons arrested for or alleged 
  3.32  to have committed targeted misdemeanor offenses and juveniles 
  3.33  arrested for or alleged to have committed gross misdemeanors.  
  3.34  In addition, the reporting requirements shall include any known 
  3.35  aliases or street names of the offenders. 
  3.36     (c) For purposes of this section, a targeted misdemeanor is 
  4.1   a misdemeanor violation of section 169A.20 (driving while 
  4.2   impaired),; 518B.01 (order for protection violation),; 609.224 
  4.3   (fifth degree assault),; 609.2242 (domestic assault),; 609.72 
  4.4   (disorderly conduct), if the violation involved conduct that 
  4.5   would constitute domestic abuse, as defined in section 518B.01; 
  4.6   609.746 (interference with privacy),; 609.748 (harassment or 
  4.7   restraining order violation),; or 617.23 (indecent exposure). 
  4.8      Sec. 3.  Minnesota Statutes 2000, section 518B.01, 
  4.9   subdivision 3, is amended to read: 
  4.10     Subd. 3.  [COURT JURISDICTION.] An application for relief 
  4.11  under this section may be filed in the court having jurisdiction 
  4.12  over dissolution actions, in the county of residence of either 
  4.13  party, in the county in which a pending or completed family 
  4.14  court proceeding involving the parties or their minor children 
  4.15  was brought, or in the county in which the alleged domestic 
  4.16  abuse occurred.  There are no residency requirements that apply 
  4.17  to a petition for an order for protection.  In a jurisdiction 
  4.18  which utilizes referees in dissolution actions, the court or 
  4.19  judge may refer actions under this section to a referee to take 
  4.20  and report the evidence in the action in the same manner and 
  4.21  subject to the same limitations provided in section 518.13.  
  4.22  Actions under this section shall be given docket priorities by 
  4.23  the court. 
  4.24     Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
  4.25  subdivision 6, is amended to read: 
  4.26     Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
  4.27  hearing, the court may provide relief as follows: 
  4.28     (1) restrain the abusing party from committing acts of 
  4.29  domestic abuse; 
  4.30     (2) exclude the abusing party from the dwelling which the 
  4.31  parties share or from the residence of the petitioner; 
  4.32     (3) exclude the abusing party from a reasonable area 
  4.33  surrounding the dwelling or residence, which area shall be 
  4.34  described specifically in the order; 
  4.35     (4) award temporary custody or establish temporary 
  4.36  parenting time with regard to minor children of the parties on a 
  5.1   basis which gives primary consideration to the safety of the 
  5.2   victim and the children.  Temporary custody and temporary 
  5.3   parenting time cannot be determined based upon a validly signed 
  5.4   recognition of parentage.  Any action seeking parenting time or 
  5.5   custody on behalf of a father whose paternity has been 
  5.6   recognized under section 257.75 or any other presumption under 
  5.7   section 257.55, subdivision 1, paragraph (d), (e), (g), (h), or 
  5.8   (i) may not be combined with these proceedings.  Except for 
  5.9   other cases in which custody is contested, findings under 
  5.10  section 257.025, 518.17, or 518.175 are not required.  If the 
  5.11  court finds that the safety of the victim or the children will 
  5.12  be jeopardized by unsupervised or unrestricted parenting time, 
  5.13  the court shall condition or restrict parenting time as to time, 
  5.14  place, duration, or supervision, or deny parenting time 
  5.15  entirely, as needed to guard the safety of the victim and the 
  5.16  children.  The court's decision on custody and parenting time 
  5.17  shall in no way delay the issuance of an order for protection 
  5.18  granting other relief provided for in this section.  The court 
  5.19  must not enter a parenting plan under section 518.1705 as part 
  5.20  of an action for an order for protection; 
  5.21     (5) on the same basis as is provided in chapter 518, 
  5.22  establish temporary support for minor children or a spouse, and 
  5.23  order the withholding of support from the income of the person 
  5.24  obligated to pay the support according to chapter 518; 
  5.25     (6) provide upon request of the petitioner counseling or 
  5.26  other social services for the parties, if married, or if there 
  5.27  are minor children; 
  5.28     (7) order the abusing party to participate in treatment or 
  5.29  counseling services; 
  5.30     (8) award temporary use and possession of property and 
  5.31  restrain one or both parties from transferring, encumbering, 
  5.32  concealing, or disposing of property except in the usual course 
  5.33  of business or for the necessities of life, and to account to 
  5.34  the court for all such transfers, encumbrances, dispositions, 
  5.35  and expenditures made after the order is served or communicated 
  5.36  to the party restrained in open court; 
  6.1      (9) exclude the abusing party from the place of employment 
  6.2   of the petitioner, or otherwise limit access to the petitioner 
  6.3   by the abusing party at the petitioner's place of employment; 
  6.4      (10) order the abusing party to pay restitution to the 
  6.5   petitioner; 
  6.6      (11) order the continuance of all currently available 
  6.7   insurance coverage without change in coverage or beneficiary 
  6.8   designation; and 
  6.9      (12) order, in its discretion, other relief as it deems 
  6.10  necessary for the protection of a family or household member, 
  6.11  including orders or directives to the sheriff, constable, or 
  6.12  other law enforcement or corrections officer as provided by this 
  6.13  section. 
  6.14     (b) Any relief granted by the order for protection shall be 
  6.15  for a fixed period not to exceed one year, except when the court 
  6.16  determines a longer fixed period is appropriate.  When a referee 
  6.17  presides at the hearing on the petition, the order granting 
  6.18  relief becomes effective upon the referee's signature. 
  6.19     (c) An order granting the relief authorized in paragraph 
  6.20  (a), clause (1), may not be vacated or modified in a proceeding 
  6.21  for dissolution of marriage or legal separation, except that the 
  6.22  court may hear a motion for modification of an order for 
  6.23  protection concurrently with a proceeding for dissolution of 
  6.24  marriage upon notice of motion and motion.  The notice required 
  6.25  by court rule shall not be waived.  If the proceedings are 
  6.26  consolidated and the motion to modify is granted, a separate 
  6.27  order for modification of an order for protection shall be 
  6.28  issued. 
  6.29     (d) An order granting the relief authorized in paragraph 
  6.30  (a), clause (2) or (3), is not voided by the admittance of the 
  6.31  abusing party into the dwelling from which the abusing party is 
  6.32  excluded. 
  6.33     (e) If a proceeding for dissolution of marriage or legal 
  6.34  separation is pending between the parties, the court shall 
  6.35  provide a copy of the order for protection to the court with 
  6.36  jurisdiction over the dissolution or separation proceeding for 
  7.1   inclusion in its file. 
  7.2      (f) An order for restitution issued under this subdivision 
  7.3   is enforceable as civil judgment. 
  7.4      Sec. 5.  Minnesota Statutes 2000, section 518B.01, 
  7.5   subdivision 14, is amended to read: 
  7.6      Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
  7.7   person who violates an order for protection issued by a judge or 
  7.8   referee is subject to the penalties provided in paragraphs (b) 
  7.9   to (d).  
  7.10     (b) Except as otherwise provided in paragraphs (c) and (d), 
  7.11  whenever an order for protection is granted by a judge or 
  7.12  referee or pursuant to a similar law of another state, the 
  7.13  United States, the District of Columbia, tribal lands, or United 
  7.14  States territories, and the respondent or person to be 
  7.15  restrained knows of the order, violation of the order for 
  7.16  protection is a misdemeanor.  Upon a misdemeanor conviction 
  7.17  under this paragraph, the defendant must be sentenced to a 
  7.18  minimum of three days imprisonment and must be ordered to 
  7.19  participate in counseling or other appropriate programs selected 
  7.20  by the court.  If the court stays imposition or execution of the 
  7.21  jail sentence and the defendant refuses or fails to comply with 
  7.22  the court's treatment order, the court must impose and execute 
  7.23  the stayed jail sentence.  A violation of an order for 
  7.24  protection shall also constitute contempt of court and be 
  7.25  subject to the penalties provided in chapter 588. 
  7.26     (c) A person is guilty of a gross misdemeanor who knowingly 
  7.27  violates this subdivision during the time period between a 
  7.28  previous conviction under this subdivision; sections 609.221 to 
  7.29  609.224 609.2231; 609.224; 609.2242; 609.342 to 609.3451; 
  7.30  609.377; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 
  7.31  609.749; or a similar law of another state, the United States, 
  7.32  the District of Columbia, tribal lands, or United States 
  7.33  territories; and the end of the five years following discharge 
  7.34  from sentence for that conviction.  Upon a gross misdemeanor 
  7.35  conviction under this paragraph, the defendant must be sentenced 
  7.36  to a minimum of ten days imprisonment and must be ordered to 
  8.1   participate in counseling or other appropriate programs selected 
  8.2   by the court.  Notwithstanding section 609.135, the court must 
  8.3   impose and execute the minimum sentence provided in this 
  8.4   paragraph for gross misdemeanor convictions. 
  8.5      (d) A person is guilty of a felony and may be sentenced to 
  8.6   imprisonment for not more than five years or to payment of a 
  8.7   fine of not more than $10,000, or both, if the person knowingly 
  8.8   violates this subdivision: 
  8.9      (1) during the time period between the first of two or more 
  8.10  previous convictions under this section or sections 609.221 to 
  8.11  609.224; 609.2242; 609.342 to 609.3451; 609.377; 609.713, 
  8.12  subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a 
  8.13  similar law of another state, the United States, the District of 
  8.14  Columbia, tribal lands, or United States territories; and the 
  8.15  end of the five years following discharge from sentence for that 
  8.16  conviction; or 
  8.17     (2) while possessing a dangerous weapon, as defined in 
  8.18  section 609.02, subdivision 6. 
  8.19  Upon a felony conviction under this paragraph in which the court 
  8.20  stays imposition or execution of sentence, the court shall 
  8.21  impose at least a 30-day period of incarceration as a condition 
  8.22  of probation.  The court also shall order that the defendant 
  8.23  participate in counseling or other appropriate programs selected 
  8.24  by the court.  Notwithstanding section 609.135, the court must 
  8.25  impose and execute the minimum sentence provided in this 
  8.26  paragraph for felony convictions. 
  8.27     (e) A peace officer shall arrest without a warrant and take 
  8.28  into custody a person whom the peace officer has probable cause 
  8.29  to believe has violated an order granted pursuant to this 
  8.30  section or a similar law of another state, the United States, 
  8.31  the District of Columbia, tribal lands, or United States 
  8.32  territories restraining the person or excluding the person from 
  8.33  the residence or the petitioner's place of employment, even if 
  8.34  the violation of the order did not take place in the presence of 
  8.35  the peace officer, if the existence of the order can be verified 
  8.36  by the officer.  The person shall be held in custody for at 
  9.1   least 36 hours, excluding the day of arrest, Sundays, and 
  9.2   holidays, unless the person is released earlier by a judge or 
  9.3   judicial officer.  A peace officer acting in good faith and 
  9.4   exercising due care in making an arrest pursuant to this 
  9.5   paragraph is immune from civil liability that might result from 
  9.6   the officer's actions. 
  9.7      (f) If the court finds that the respondent has violated an 
  9.8   order for protection and that there is reason to believe that 
  9.9   the respondent will commit a further violation of the provisions 
  9.10  of the order restraining the respondent from committing acts of 
  9.11  domestic abuse or excluding the respondent from the petitioner's 
  9.12  residence, the court may require the respondent to acknowledge 
  9.13  an obligation to comply with the order on the record.  The court 
  9.14  may require a bond sufficient to deter the respondent from 
  9.15  committing further violations of the order for protection, 
  9.16  considering the financial resources of the respondent, and not 
  9.17  to exceed $10,000.  If the respondent refuses to comply with an 
  9.18  order to acknowledge the obligation or post a bond under this 
  9.19  paragraph, the court shall commit the respondent to the county 
  9.20  jail during the term of the order for protection or until the 
  9.21  respondent complies with the order under this paragraph.  The 
  9.22  warrant must state the cause of commitment, with the sum and 
  9.23  time for which any bond is required.  If an order is issued 
  9.24  under this paragraph, the court may order the costs of the 
  9.25  contempt action, or any part of them, to be paid by the 
  9.26  respondent.  An order under this paragraph is appealable.  
  9.27     (g) Upon the filing of an affidavit by the petitioner, any 
  9.28  peace officer, or an interested party designated by the court, 
  9.29  alleging that the respondent has violated any order for 
  9.30  protection granted pursuant to this section or a similar law of 
  9.31  another state, the United States, the District of Columbia, 
  9.32  tribal lands, or United States territories, the court may issue 
  9.33  an order to the respondent, requiring the respondent to appear 
  9.34  and show cause within 14 days why the respondent should not be 
  9.35  found in contempt of court and punished therefor.  The hearing 
  9.36  may be held by the court in any county in which the petitioner 
 10.1   or respondent temporarily or permanently resides at the time of 
 10.2   the alleged violation, or in the county in which the alleged 
 10.3   violation occurred, if the petitioner and respondent do not 
 10.4   reside in this state.  The court also shall refer the violation 
 10.5   of the order for protection to the appropriate prosecuting 
 10.6   authority for possible prosecution under paragraph (b), (c), or 
 10.7   (d). 
 10.8      (h) If it is alleged that the respondent has violated an 
 10.9   order for protection issued under subdivision 6 or a similar law 
 10.10  of another state, the United States, the District of Columbia, 
 10.11  tribal lands, or United States territories, and the court finds 
 10.12  that the order has expired between the time of the alleged 
 10.13  violation and the court's hearing on the violation, the court 
 10.14  may grant a new order for protection under subdivision 6 based 
 10.15  solely on the respondent's alleged violation of the prior order, 
 10.16  to be effective until the hearing on the alleged violation of 
 10.17  the prior order.  If the court finds that the respondent has 
 10.18  violated the prior order, the relief granted in the new order 
 10.19  for protection shall be extended for a fixed period, not to 
 10.20  exceed one year, except when the court determines a longer fixed 
 10.21  period is appropriate. 
 10.22     (i) The admittance into petitioner's dwelling of an abusing 
 10.23  party excluded from the dwelling under an order for protection 
 10.24  is not a violation by the petitioner of the order for protection.
 10.25     A peace officer is not liable under section 609.43, clause 
 10.26  (1), for a failure to perform a duty required by paragraph (e). 
 10.27     (j) When a person is convicted under paragraph (b) or (c) 
 10.28  of violating an order for protection and the court determines 
 10.29  that the person used a firearm in any way during commission of 
 10.30  the violation, the court may order that the person is prohibited 
 10.31  from possessing any type of firearm for any period longer than 
 10.32  three years or for the remainder of the person's life.  A person 
 10.33  who violates this paragraph is guilty of a gross misdemeanor.  
 10.34  At the time of the conviction, the court shall inform the 
 10.35  defendant whether and for how long the defendant is prohibited 
 10.36  from possessing a firearm and that it is a gross misdemeanor to 
 11.1   violate this paragraph.  The failure of the court to provide 
 11.2   this information to a defendant does not affect the 
 11.3   applicability of the firearm possession prohibition or the gross 
 11.4   misdemeanor penalty to that defendant. 
 11.5      (k) Except as otherwise provided in paragraph (j), when a 
 11.6   person is convicted under paragraph (b) or (c) of violating an 
 11.7   order for protection, the court shall inform the defendant that 
 11.8   the defendant is prohibited from possessing a pistol for three 
 11.9   years from the date of conviction and that it is a gross 
 11.10  misdemeanor offense to violate this prohibition.  The failure of 
 11.11  the court to provide this information to a defendant does not 
 11.12  affect the applicability of the pistol possession prohibition or 
 11.13  the gross misdemeanor penalty to that defendant. 
 11.14     (l) Except as otherwise provided in paragraph (j), a person 
 11.15  is not entitled to possess a pistol if the person has been 
 11.16  convicted under paragraph (b) or (c) after August 1, 1996, of 
 11.17  violating an order for protection, unless three years have 
 11.18  elapsed from the date of conviction and, during that time, the 
 11.19  person has not been convicted of any other violation of this 
 11.20  section.  Property rights may not be abated but access may be 
 11.21  restricted by the courts.  A person who possesses a pistol in 
 11.22  violation of this paragraph is guilty of a gross misdemeanor. 
 11.23     (m) If the court determines that a person convicted under 
 11.24  paragraph (b) or (c) of violating an order for protection owns 
 11.25  or possesses a firearm and used it in any way during the 
 11.26  commission of the violation, it shall order that the firearm be 
 11.27  summarily forfeited under section 609.5316, subdivision 3. 
 11.28     Sec. 6.  [518B.10] [PURPOSE; STANDARDS FOR DOMESTIC ABUSE 
 11.29  COUNSELING PROGRAMS AND EDUCATIONAL PROGRAMS FOR OFFENDERS.] 
 11.30     The purpose of these standards is to establish minimum 
 11.31  operating guidelines for those persons and programs providing 
 11.32  either counseling programs or educational programs for 
 11.33  court-ordered domestic abuse offenders.  
 11.34     The purpose of domestic abuse counseling programs and 
 11.35  domestic abuse educational programs is to: 
 11.36     (1) stop the violence; 
 12.1      (2) hold offenders accountable for their violence, 
 12.2   challenge beliefs that contribute to violence and other abusive 
 12.3   acts, and encourage behaviors that facilitate nonviolence and 
 12.4   other nonabusive behaviors; 
 12.5      (3) promote victim safety by ensuring that programs and 
 12.6   program staff work closely with victim advocates and the courts; 
 12.7      (4) ensure policies that address victim safety and victim 
 12.8   contact; and 
 12.9      (5) ensure procedures for offenders who violate program 
 12.10  conditions, conditions of probation, orders by the court, or who 
 12.11  use violence while participating in the program. 
 12.12     Sec. 7.  [518B.11] [DEFINITIONS.] 
 12.13     Subdivision 1.  [DEFINITIONS.] The following terms have the 
 12.14  meaning given them.  
 12.15     Subd. 2.  [COUNSELING PROGRAM; EDUCATIONAL PROGRAM.] A 
 12.16  "counseling program" or "educational program" means a domestic 
 12.17  abuse counseling program or domestic abuse educational program 
 12.18  that provides court-ordered sessions, classes, or group meetings 
 12.19  for domestic abuse offenders. 
 12.20     Subd. 3.  [DOMESTIC ABUSE.] "Domestic abuse" has the 
 12.21  meaning given in section 518B.01, subdivision 2. 
 12.22     Subd. 4.  [OFFENDER.] "Offender" means a person convicted 
 12.23  of committing domestic abuse or a person ordered by the court to 
 12.24  participate in a domestic abuse counseling program or 
 12.25  educational program. 
 12.26     Subd. 5.  [PROGRAM.] "Program" means domestic abuse 
 12.27  counseling programs or domestic abuse educational programs. 
 12.28     Subd. 6.  [RELEASE OF INFORMATION.] "Release of information"
 12.29  means a written document that allows a program to communicate 
 12.30  about the offender with the court, other providers, and the 
 12.31  victim. 
 12.32     Subd. 7.  [VICTIM.] "Victim" has the meaning given in 
 12.33  section 611A.01, paragraph (b), and includes a battered woman, 
 12.34  as defined by section 611A.31, subdivision 2.  
 12.35     Sec. 8.  [518B.12] [DOMESTIC ABUSE COUNSELING PROGRAM OR 
 12.36  EDUCATIONAL PROGRAM REQUIRED.] 
 13.1      Subdivision 1.  [CONDITION OF PROBATION.] (a) Except as 
 13.2   provided in paragraph (b), if the court stays imposition or 
 13.3   execution of sentence for a domestic abuse offense and places 
 13.4   the offender on probation, the court shall order that, as a 
 13.5   condition of the stayed sentence, the offender participate in 
 13.6   and successfully complete a counseling program or educational 
 13.7   program that lasts a minimum of 24 sessions.  The program the 
 13.8   court orders the offender to attend must satisfy the 
 13.9   requirements of section 518B.13.  
 13.10     (b) If a counseling program or educational program is not 
 13.11  available, the court may send the offender to a counselor who 
 13.12  provides services consistent with the requirements in section 
 13.13  518B.13.  This counselor must be knowledgeable about domestic 
 13.14  abuse issues. 
 13.15     (c) The court may require an offender to participate in a 
 13.16  counseling program or educational program up to the entire 
 13.17  amount of time an offender is on probation.  The court may order 
 13.18  that the offender be required to continue in the program for as 
 13.19  long as the program counselor or facilitator requires, provided 
 13.20  this time period is not longer than the person's term of 
 13.21  probation. 
 13.22     (d) If culturally specific counseling programs or 
 13.23  educational programs are available, the court shall order the 
 13.24  offender to attend such counseling programs or educational 
 13.25  programs, where appropriate. 
 13.26     Subd. 2.  [CHEMICALLY DEPENDENT OFFENDERS.] If the offender 
 13.27  has a diagnosable chemical dependency problem, the court shall 
 13.28  require the offender to complete chemical dependency treatment 
 13.29  as a condition of probation, if reasonable.  If chemical 
 13.30  dependency treatment is ordered, this treatment must occur 
 13.31  before the offender begins a counseling program or educational 
 13.32  program. 
 13.33     Sec. 9.  [518B.13] [STANDARDS FOR DOMESTIC ABUSE COUNSELING 
 13.34  PROGRAMS AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] 
 13.35     Subdivision 1.  [LENGTH OF PROGRAM; SESSIONS.] Programs 
 13.36  shall require offenders to attend a minimum of 24 sessions.  
 14.1   Each program session must last at least 1-1/2 hours. 
 14.2      Subd. 2.  [POLICIES.] (a) Programs must have a written 
 14.3   policy that requires counselors and facilitators to report to 
 14.4   the court and to the offender's probation or corrections officer 
 14.5   any threats of violence made by the offender, any acts of 
 14.6   violence by the offender, any violation of court orders by the 
 14.7   offender, and any violation of program rules that resulted in 
 14.8   the offender's termination from the program.  
 14.9      (b) Programs shall have written policies that counselors 
 14.10  and facilitators must be violence free in their own lives.  
 14.11     (c) Programs shall have written policies requiring that 
 14.12  counselors and facilitators hold offenders solely responsible 
 14.13  for their behavior. 
 14.14     Subd. 3.  [SCREENING.] Each program shall conduct an intake 
 14.15  process with each offender.  This intake process shall screen 
 14.16  for chemical dependency problems, mental health problems, and 
 14.17  dangerousness to others.  If the offender is chemically 
 14.18  dependent or has mental health problems, the program shall refer 
 14.19  the offender to a chemical dependency treatment center or for 
 14.20  mental health treatment.  If the offender is dangerous, the 
 14.21  program shall report this information to the court, probation or 
 14.22  corrections officer, and the victim. 
 14.23     Subd. 4.  [NOTICE TO VICTIM.] If the offender is reported 
 14.24  back to the court or is terminated from the program, the program 
 14.25  shall notify the victim of the circumstances.  
 14.26     Subd. 5.  [RELEASE OF INFORMATION.] Programs shall require 
 14.27  court-ordered offenders to sign a release of information 
 14.28  authorizing communication regarding the offender's progress in 
 14.29  the program to the court, the offender's probation or 
 14.30  corrections officer, other providers, and the victim.  The 
 14.31  offender may not enter the program if the offender does not sign 
 14.32  a release.  
 14.33     Subd. 6.  [VICTIM PRIVACY.] (a) If a counselor or 
 14.34  facilitator contacts the victim, the counselor or facilitator 
 14.35  must not elicit any information that the victim does not want to 
 14.36  provide.  A counselor or facilitator who contacts a victim shall 
 15.1   notify the victim of the right not to provide any information, 
 15.2   and shall also notify the victim of how any information provided 
 15.3   will be used and with whom it will be shared, and shall obtain 
 15.4   the victim's written permission before eliciting information 
 15.5   from the victim or sharing information with anyone other than 
 15.6   staff of the counseling program. 
 15.7      (b) Programs shall have written policies that require 
 15.8   counselors and facilitators to inform victims of the 
 15.9   confidentiality of information as provided by this subdivision.  
 15.10  Programs must maintain separate files for information pertaining 
 15.11  to the offender and the victim. 
 15.12     (c) If a counselor or facilitator contacts a victim, the 
 15.13  counselor or facilitator shall provide the victim with referral 
 15.14  information for support services. 
 15.15     Subd. 7.  [CONFIDENTIALITY.] (a) Except as provided in 
 15.16  paragraph (b), program staff may not disclose any confidential 
 15.17  communication made by the offender without the consent of the 
 15.18  offender. 
 15.19     (b) Programs must warn a potential victim of imminent 
 15.20  danger based upon information provided by an offender. 
 15.21     Subd. 8.  [PROGRAM SETTING.] (a) The counseling program or 
 15.22  educational program must provide services in a group setting, 
 15.23  unless the offender has a mental health problem or would be 
 15.24  inappropriate in a group setting.  
 15.25     (b) Programs must provide separate sessions for male and 
 15.26  female offenders. 
 15.27     Subd. 9.  [MARRIAGE OR COUPLES COUNSELING.] Marriage or 
 15.28  couples counseling will not be offered nor a referral made until 
 15.29  the offender has completed a domestic abuse counseling program 
 15.30  or educational program for a minimum of 24 sessions and the 
 15.31  counselor or facilitator reasonably believes that the violence, 
 15.32  intimidation, and coercion has ceased; and the victim feels safe 
 15.33  to participate. 
 15.34     Subd. 10.  [PROGRAM COMPLETION; REPORT.] When the 
 15.35  court-ordered offender has completed the program, the counselor 
 15.36  or facilitator shall report this information to the court and 
 16.1   the offender's probation or corrections officer. 
 16.2      Subd. 11.  [COORDINATION.] Programs shall coordinate with 
 16.3   the court, probation and corrections officers, battered women's 
 16.4   programs, child protection services, and other providers to 
 16.5   promote victim safety and offender accountability. 
 16.6      Sec. 10.  Minnesota Statutes 2000, section 609.224, 
 16.7   subdivision 2, is amended to read: 
 16.8      Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 16.9   provisions of subdivision 1 against the same victim during the 
 16.10  time period between a previous conviction or adjudication of 
 16.11  delinquency under this section,; sections 518B.01, subdivision 
 16.12  14; 609.221 to 609.2231,; 609.2242,; 609.342 to 609.345, 
 16.13  609.3451; 609.377, or; 609.713,; 609.748, subdivision 6; 
 16.14  609.749; or any a similar law of another state, the United 
 16.15  States, the District of Columbia, tribal lands, or United States 
 16.16  territories, and the end of the five years following discharge 
 16.17  from sentence or disposition for that conviction or 
 16.18  adjudication, is guilty of a gross misdemeanor and may be 
 16.19  sentenced to imprisonment for not more than one year or to 
 16.20  payment of a fine of not more than $3,000, or both.  
 16.21     (b) Whoever violates the provisions of subdivision 1 within 
 16.22  two years of a previous conviction or adjudication of 
 16.23  delinquency under this section or sections 518B.01, subdivision 
 16.24  14; 609.221 to 609.2231,; 609.2242,; 609.342 to 609.3451; 
 16.25  609.377, or; 609.713,; 609.748, subdivision 6; 609.749; or any 
 16.26  a similar law of another state, the United States, the District 
 16.27  of Columbia, tribal lands, or United States territories, is 
 16.28  guilty of a gross misdemeanor and may be sentenced to 
 16.29  imprisonment for not more than one year or to payment of a fine 
 16.30  of not more than $3,000, or both. 
 16.31     (c) A caregiver, as defined in section 609.232, who is an 
 16.32  individual and who violates the provisions of subdivision 1 
 16.33  against a vulnerable adult, as defined in section 609.232, is 
 16.34  guilty of a gross misdemeanor and may be sentenced to 
 16.35  imprisonment for not more than one year or to payment of a fine 
 16.36  of not more than $3,000, or both. 
 17.1      Sec. 11.  Minnesota Statutes 2000, section 609.224, 
 17.2   subdivision 4, is amended to read: 
 17.3      Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 17.4   subdivision 1 against the same victim during the time period 
 17.5   between the first of any combination of two or more previous 
 17.6   convictions or adjudications of delinquency under this section 
 17.7   or sections 518B.01, subdivision 14; 609.221 to 609.2231,; 
 17.8   609.2242,; 609.342 to 609.345, 609.3451; 609.377, or; 
 17.9   609.713, or any; 609.748, subdivision 6; 609.749; or a similar 
 17.10  law of another state, the United States, the District of 
 17.11  Columbia, tribal lands, or United States territories, and the 
 17.12  end of the five years following discharge from sentence or 
 17.13  disposition for that conviction or adjudication is guilty of a 
 17.14  felony and may be sentenced to imprisonment for not more than 
 17.15  five years or payment of a fine of not more than $10,000, or 
 17.16  both. 
 17.17     (b) Whoever violates the provisions of subdivision 1 within 
 17.18  three years of the first of any combination of two or more 
 17.19  previous convictions or adjudications of delinquency under this 
 17.20  section or sections 518B.01, subdivision 14; 609.221 to 609.2231 
 17.21  ,; 609.2242,; 609.342 to 609.3451; 609.377, or; 609.713, 
 17.22  or any; 609.748, subdivision 6; 609.749; or a similar law of 
 17.23  another state, the United States, the District of Columbia, 
 17.24  tribal lands, or United States territories, is guilty of a 
 17.25  felony and may be sentenced to imprisonment for not more than 
 17.26  five years or to payment of a fine of not more than $10,000, or 
 17.27  both. 
 17.28     Sec. 12.  Minnesota Statutes 2000, section 609.2242, 
 17.29  subdivision 2, is amended to read: 
 17.30     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 17.31  1 during the time period between a previous conviction or 
 17.32  adjudication of delinquency under this section or 
 17.33  sections 518B.01, subdivision 14; 609.221 to 609.2231,; 
 17.34  609.224,; 609.342 to 609.345, 609.3451; 609.377, or; 609.713 
 17.35  , or any; 609.748, subdivision 6; 609.749; or a similar law of 
 17.36  another state, the United States, the District of Columbia, 
 18.1   tribal lands, or United States territories, against a family or 
 18.2   household member as defined in section 518B.01, subdivision 2, 
 18.3   and the end of the five years following discharge from sentence 
 18.4   or disposition for that conviction or adjudication is guilty of 
 18.5   a gross misdemeanor and may be sentenced to imprisonment for not 
 18.6   more than one year or to payment of a fine of not more than 
 18.7   $3,000, or both. 
 18.8      Sec. 13.  Minnesota Statutes 2000, section 609.2242, 
 18.9   subdivision 4, is amended to read: 
 18.10     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
 18.11  section or section 609.224, subdivision 1, against the same 
 18.12  victim during the time period between the first of any 
 18.13  combination of two or more previous convictions or adjudications 
 18.14  of delinquency under this section or sections 518B.01, 
 18.15  subdivision 14; 609.221 to 609.2231,; 609.224,; 609.342 to 
 18.16  609.345, 609.3451; 609.377, or; 609.713,; 609.748, 
 18.17  subdivision 6; 609.749; or any a similar law of another state, 
 18.18  the United States, the District of Columbia, tribal lands, or 
 18.19  United States territories, and the end of the five years 
 18.20  following discharge from sentence or disposition for that 
 18.21  conviction or adjudication is guilty of a felony and may be 
 18.22  sentenced to imprisonment for not more than five years or 
 18.23  payment of a fine of not more than $10,000, or both. 
 18.24     Sec. 14.  Minnesota Statutes 2000, section 609.748, 
 18.25  subdivision 6, is amended to read: 
 18.26     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
 18.27  who violates a restraining order issued under this section is 
 18.28  subject to the penalties provided in paragraphs (b) to (d).  
 18.29     (b) Except as otherwise provided in paragraphs (c) and (d), 
 18.30  when a temporary restraining order or a restraining order is 
 18.31  granted under this section and the respondent knows of the 
 18.32  order, violation of the order is a misdemeanor.  
 18.33     (c) A person is guilty of a gross misdemeanor who knowingly 
 18.34  violates the order during the time period between a previous 
 18.35  conviction under this subdivision; sections 518B.01, subdivision 
 18.36  14; 609.221 to 609.2231; 609.224; 609.2242; 518B.01, subdivision 
 19.1   14 609.342 to 609.3451; 609.377; 609.713, subdivisions 1 or 
 19.2   3; or 609.749; or a similar law of another state, the United 
 19.3   States, the District of Columbia, tribal lands, or United States 
 19.4   territories, and the end of the five years following discharge 
 19.5   from sentence for that conviction.  
 19.6      (d) A person is guilty of a felony and may be sentenced to 
 19.7   imprisonment for not more than five years or to payment of a 
 19.8   fine of not more than $10,000, or both, if the person knowingly 
 19.9   violates the order:  
 19.10     (1) during the time period between the first of two or more 
 19.11  previous convictions under this subdivision or sections 518B.01, 
 19.12  subdivision 14; 609.221 to 609.2231; 609.224; 609.2242; 609.342 
 19.13  to 609.3451; 609.377; 609.713, subdivision 1 or 3; 609.749; or a 
 19.14  similar law of another state, the United States, the District of 
 19.15  Columbia, tribal lands, or United States territories, and the 
 19.16  end of the five years following discharge from sentence for that 
 19.17  conviction; 
 19.18     (2) because of the victim's or another's actual or 
 19.19  perceived race, color, religion, sex, sexual orientation, 
 19.20  disability as defined in section 363.01, age, or national 
 19.21  origin; 
 19.22     (3) by falsely impersonating another; 
 19.23     (4) while possessing a dangerous weapon; 
 19.24     (5) with an intent to influence or otherwise tamper with a 
 19.25  juror or a judicial proceeding or with intent to retaliate 
 19.26  against a judicial officer, as defined in section 609.415, or a 
 19.27  prosecutor, defense attorney, or officer of the court, because 
 19.28  of that person's performance of official duties in connection 
 19.29  with a judicial proceeding; or 
 19.30     (6) against a victim under the age of 18, if the respondent 
 19.31  is more than 36 months older than the victim. 
 19.32     (e) A peace officer shall arrest without a warrant and take 
 19.33  into custody a person whom the peace officer has probable cause 
 19.34  to believe has violated an order issued under subdivision 4 or 5 
 19.35  if the existence of the order can be verified by the officer.  
 19.36     (f) A violation of a temporary restraining order or 
 20.1   restraining order shall also constitute contempt of court. 
 20.2      (g) Upon the filing of an affidavit by the petitioner, any 
 20.3   peace officer, or an interested party designated by the court, 
 20.4   alleging that the respondent has violated an order issued under 
 20.5   subdivision 4 or 5, the court may issue an order to the 
 20.6   respondent requiring the respondent to appear within 14 days and 
 20.7   show cause why the respondent should not be held in contempt of 
 20.8   court.  The court also shall refer the violation of the order to 
 20.9   the appropriate prosecuting authority for possible prosecution 
 20.10  under paragraph (b), (c), or (d). 
 20.11     Sec. 15.  Minnesota Statutes 2000, section 609.749, 
 20.12  subdivision 4, is amended to read: 
 20.13     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
 20.14  person is guilty of a felony who violates any provision of 
 20.15  subdivision 2 during the time period between a previous 
 20.16  conviction or adjudication of delinquency under this section; 
 20.17  sections 518B.01, subdivision 14; 609.221 to 609.2231; 609.2242; 
 20.18  518B.01, subdivision 14 609.342 to 609.3451; 609.377; 609.748, 
 20.19  subdivision 6; or 609.713, subdivision 1 or 3; or a similar 
 20.20  law from of another state, the United States, the District of 
 20.21  Columbia, tribal lands, or United States territories, and the 
 20.22  end of the ten years following discharge from sentence or 
 20.23  disposition for that conviction or adjudication. 
 20.24     Sec. 16.  Minnesota Statutes 2000, section 609.749, 
 20.25  subdivision 5, is amended to read: 
 20.26     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 20.27  engages in a pattern of harassing conduct with respect to a 
 20.28  single victim or one or more members of a single household which 
 20.29  the actor knows or has reason to know would cause the victim 
 20.30  under the circumstances to feel terrorized or to fear bodily 
 20.31  harm and which does cause this reaction on the part of the 
 20.32  victim, is guilty of a felony and may be sentenced to 
 20.33  imprisonment for not more than ten years or to payment of a fine 
 20.34  of not more than $20,000, or both. 
 20.35     (b) For purposes of this subdivision, a "pattern of 
 20.36  harassing conduct" means two or more acts within a five-year 
 21.1   period that violate the provisions of any of the following or a 
 21.2   similar law of another state, the United States, the District of 
 21.3   Columbia, tribal lands, or United States territories: 
 21.4      (1) this section; 
 21.5      (2) section 609.713; 
 21.6      (3) section 609.224; 
 21.7      (4) section 609.2242; 
 21.8      (5) section 518B.01, subdivision 14; 
 21.9      (6) section 609.748, subdivision 6; 
 21.10     (7) section 609.605, subdivision 1, paragraph (b), clauses 
 21.11  (3), (4), and (7); 
 21.12     (8) section 609.79; 
 21.13     (9) section 609.795; 
 21.14     (10) section 609.582; 
 21.15     (11) section 609.595; or 
 21.16     (12) section 609.765. 
 21.17     (c) When acts constituting a violation of this subdivision 
 21.18  are committed in two or more counties, the accused may be 
 21.19  prosecuted in any county in which one of the acts was committed 
 21.20  for all acts constituting the pattern. 
 21.21     Sec. 17.  Minnesota Statutes 2000, section 629.341, 
 21.22  subdivision 1, is amended to read: 
 21.23     Subdivision 1.  [ARREST.] (a) Notwithstanding section 
 21.24  629.34 or any other law or rule, a peace officer may arrest a 
 21.25  person anywhere without a warrant, including at the person's 
 21.26  residence, if the peace officer has probable cause to believe 
 21.27  that within the preceding 12 hours the person has committed 
 21.28  domestic abuse, as defined in section 518B.01, subdivision 2.  
 21.29  The arrest may be made even though the assault did not take 
 21.30  place in the presence of the peace officer. 
 21.31     (b) Notwithstanding section 629.34 or any other law or 
 21.32  rule, a peace officer shall arrest without a warrant and take 
 21.33  into custody a person whom the peace officer has probable cause 
 21.34  to believe has violated a domestic abuse no contact order, even 
 21.35  if the violation of the order did not take place in the presence 
 21.36  of the peace officer, if the existence of the order can be 
 22.1   verified by the officer.  A "domestic abuse no contact order" 
 22.2   has the meaning given in section 518B.01, subdivision 22. 
 22.3      Sec. 18.  Minnesota Statutes 2000, section 629.341, 
 22.4   subdivision 4, is amended to read: 
 22.5      Subd. 4.  [REPORT REQUIRED.] Whenever a peace officer 
 22.6   investigates an allegation that an incident described in 
 22.7   subdivision 1 has occurred, whether or not an arrest is made, 
 22.8   the officer shall make a written police report of the alleged 
 22.9   incident.  The report must contain at least the following 
 22.10  information:  the name, address and telephone number of the 
 22.11  victim, if provided by the victim, a statement as to whether an 
 22.12  arrest occurred, the name of the arrested person, and a brief 
 22.13  summary of the incident.  Data that identify a victim who has 
 22.14  made a request under section 13.82, subdivision 17, paragraph 
 22.15  (d), and that are private data under that subdivision, shall be 
 22.16  private in the report required by this section.  A copy of this 
 22.17  report, including the private data, must be provided upon 
 22.18  request, at no cost, to organizations designated by the 
 22.19  Minnesota crime victims services center, the department of 
 22.20  public safety, or the commissioner of corrections that are 
 22.21  providing services to victims of domestic abuse.  The officer 
 22.22  shall submit the report to the officer's supervisor or other 
 22.23  person to whom the employer's rules or policies require reports 
 22.24  of similar allegations of criminal activity to be made. 
 22.25     Sec. 19.  Minnesota Statutes 2000, section 629.72, is 
 22.26  amended to read: 
 22.27     629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR, HARASSMENT, 
 22.28  OR VIOLATION OF AN ORDER FOR PROTECTION.] 
 22.29     Subdivision 1.  [DEFINITION; ALLOWING DETENTION IN LIEU OF 
 22.30  CITATION; RELEASE.] (a) For purposes of this section, "domestic 
 22.31  abuse" has the meaning given in section 518B.01, subdivision 
 22.32  2.  "Harassment" has the meaning given in section 609.749. 
 22.33     (b) Notwithstanding any other law or rule, an arresting 
 22.34  officer may not issue a citation in lieu of arrest and detention 
 22.35  to an individual charged with harassment or charged with 
 22.36  domestic abuse. 
 23.1      (c) Notwithstanding any other law or rule, an individual 
 23.2   who is arrested on a charge of harassing any person or of 
 23.3   domestic abuse must be brought to the police station or county 
 23.4   jail.  The officer in charge of the police station or the county 
 23.5   sheriff in charge of the jail shall issue a citation in lieu of 
 23.6   continued detention unless it reasonably appears to the officer 
 23.7   or sheriff that detention is necessary to prevent bodily harm to 
 23.8   the arrested person or another, or there is a substantial 
 23.9   likelihood the arrested person will fail to respond to a 
 23.10  citation release of the person (1) poses a threat to the alleged 
 23.11  victim or another family or household member, (2) poses a threat 
 23.12  to public safety, and (3) is reasonably likely to result in the 
 23.13  person's appearance at subsequent proceedings. 
 23.14     (d) If the arrested person is not issued a citation by the 
 23.15  officer in charge of the police station or the county sheriff, 
 23.16  the arrested person must be brought before the nearest available 
 23.17  judge of the district court in the county in which the alleged 
 23.18  harassment or domestic abuse took place without unnecessary 
 23.19  delay as provided by court rule. 
 23.20     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
 23.21  before whom the arrested person is brought shall review the 
 23.22  facts surrounding the arrest and detention of a person arrested 
 23.23  for domestic abuse, harassment, or violation of an order for 
 23.24  protection.  The prosecutor or other appropriate person 
 23.25  prosecutor's designee shall present relevant information 
 23.26  involving the victim's or the victim's family's account of the 
 23.27  alleged crime to the judge to be considered in determining the 
 23.28  arrested person's release.  The arrested person must be ordered 
 23.29  released pending trial or hearing on the person's personal 
 23.30  recognizance or on an order to appear or upon the execution of 
 23.31  an unsecured bond in a specified amount unless the judge 
 23.32  determines that release (1) will be inimical to public safety, 
 23.33  (2) will create a threat of bodily harm to the arrested person, 
 23.34  the victim of the alleged harassment or domestic abuse, or 
 23.35  another, or (3) will not reasonably assure the appearance of the 
 23.36  arrested person at subsequent proceedings.  In making a decision 
 24.1   concerning pretrial release of a person arrested for domestic 
 24.2   abuse, harassment, or a violation of an order for protection, 
 24.3   the judge shall review the facts of the arrest and detention of 
 24.4   the person and determine whether release of the person (1) poses 
 24.5   a threat to the alleged victim or another family or household 
 24.6   member, (2) poses a threat to public safety, and (3) is 
 24.7   reasonably likely to result in the person's appearance at 
 24.8   subsequent proceedings.  Before releasing a person arrested for 
 24.9   or charged with a crime of domestic abuse, harassment, or a 
 24.10  violation of an order for protection, the judge shall make 
 24.11  findings on the record, to the extent possible, concerning the 
 24.12  determination made in accordance with the above factors.  The 
 24.13  judge may impose conditions of release or bail on the person to 
 24.14  protect the alleged victim or other family or household members 
 24.15  and to ensure the appearance of the person at subsequent 
 24.16  proceedings.  These conditions may include an order: 
 24.17     (1) enjoining the person from threatening to commit or 
 24.18  committing acts of domestic abuse or harassment against the 
 24.19  alleged victim or other family or household members or from 
 24.20  violating an order for protection; 
 24.21     (2) prohibiting the person from harassing, annoying, 
 24.22  telephoning, contacting, or otherwise communicating with the 
 24.23  alleged victim, either directly or indirectly; 
 24.24     (3) directing the person to vacate or stay away from the 
 24.25  home of the alleged victim and to stay away from any other 
 24.26  location where the alleged victim is likely to be; 
 24.27     (4) prohibiting the person from possessing a firearm or 
 24.28  other weapon specified by the court; 
 24.29     (5) prohibiting the person from possessing or consuming 
 24.30  alcohol or controlled substances; and 
 24.31     (6) specifying any other matter required to protect the 
 24.32  safety of the alleged victim and to ensure the appearance of the 
 24.33  person at subsequent proceedings.  
 24.34     (b) If the judge determines release is not advisable, the 
 24.35  judge may impose any conditions of release that will reasonably 
 24.36  assure the appearance of the person for subsequent proceedings, 
 25.1   or will protect the victim of the alleged harassment or domestic 
 25.2   abuse, or may fix the amount of money bail without other 
 25.3   conditions upon which the arrested person may obtain release.  
 25.4   If conditions of release are imposed, the judge shall issue a 
 25.5   written order for conditional release.  The court administrator 
 25.6   shall immediately distribute a copy of the order for conditional 
 25.7   release to the agency having custody of the arrested person and 
 25.8   shall provide the agency having custody of the arrested person 
 25.9   with any available information on the location of the victim in 
 25.10  a manner that protects the victim's safety.  Either the court or 
 25.11  its designee or the agency having custody of the arrested person 
 25.12  shall serve upon the defendant a copy of the order.  Failure to 
 25.13  serve the arrested person with a copy of the order for 
 25.14  conditional release does not invalidate the conditions of 
 25.15  release. 
 25.16     (c) If the judge imposes as a condition of release a 
 25.17  requirement that the person have no contact with the victim of 
 25.18  the alleged harassment or domestic abuse, the judge may also, on 
 25.19  its own motion or that of the prosecutor or on request of the 
 25.20  victim, issue an ex parte temporary restraining order under 
 25.21  section 609.748, subdivision 4, or an ex parte temporary order 
 25.22  for protection under section 518B.01, subdivision 7.  
 25.23  Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
 25.24  or 609.748, subdivision 4, paragraph (c), the temporary order is 
 25.25  effective until the defendant is convicted or acquitted, or the 
 25.26  charge is dismissed, provided that upon request the defendant is 
 25.27  entitled to a full hearing on the restraining order under 
 25.28  section 609.748, subdivision 5, or on the order for protection 
 25.29  under section 518B.01.  The hearing must be held within seven 
 25.30  days of the defendant's request. 
 25.31     Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
 25.32  PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
 25.33  adopted standards governing electronic monitoring devices used 
 25.34  to protect victims of domestic abuse, the court, as a condition 
 25.35  of release, may not order a person arrested for a crime 
 25.36  described in section 609.135, subdivision 5a, paragraph (b), to 
 26.1   use an electronic monitoring device to protect a victim's safety.
 26.2      (b) Notwithstanding paragraph (a), district courts in the 
 26.3   tenth judicial district may order, as a condition of a release, 
 26.4   a person arrested on a charge of a crime described in section 
 26.5   609.135, subdivision 5a, paragraph (b), to use an electronic 
 26.6   monitoring device to protect the victim's safety.  The courts 
 26.7   shall make data on the use of electronic monitoring devices to 
 26.8   protect a victim's safety in the tenth judicial district 
 26.9   available to the commissioner of corrections to evaluate and to 
 26.10  aid in development of standards for the use of devices to 
 26.11  protect victims of domestic abuse.  
 26.12     Subd. 3.  [RELEASE.] If the arrested person is not issued a 
 26.13  citation by the officer in charge of the police station or the 
 26.14  county sheriff pursuant to subdivision 1, and is not brought 
 26.15  before a judge within the time limits prescribed by court rule, 
 26.16  the arrested person shall be released by the arresting 
 26.17  authorities, and a citation must be issued in lieu of continued 
 26.18  detention. 
 26.19     Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
 26.20  PROTECTION.] If a restraining order is issued under section 
 26.21  609.748 or an order for protection is issued under section 
 26.22  518B.01 while the arrested person is still in detention, the 
 26.23  order must be served upon the arrested person during detention 
 26.24  if possible. 
 26.25     Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
 26.26  who released the arrested person shall issue a warrant directing 
 26.27  that the person be arrested and taken immediately before the 
 26.28  judge, if the judge: 
 26.29     (1) receives an application alleging that the arrested 
 26.30  person has violated the conditions of release; and 
 26.31     (2) finds that probable cause exists to believe that the 
 26.32  conditions of release have been violated. 
 26.33     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 26.34  (a) Immediately after issuance of a citation in lieu of 
 26.35  continued detention under subdivision 1, or the entry of an 
 26.36  order for release under subdivision 2, but before the arrested 
 27.1   person is released, the agency having custody of the arrested 
 27.2   person or its designee must make a reasonable and good faith 
 27.3   effort to inform orally the alleged victim, local law 
 27.4   enforcement agencies known to be involved in the case, if 
 27.5   different from the agency having custody, and, at the victim's 
 27.6   request any local battered women's and domestic abuse programs 
 27.7   established under section 611A.32 or sexual assault programs of: 
 27.8      (1) the conditions of release, if any; 
 27.9      (2) the time of release; 
 27.10     (3) the time, date, and place of the next scheduled court 
 27.11  appearance of the arrested person and the victim's right to be 
 27.12  present at the court appearance; and 
 27.13     (4) if the arrested person is charged with domestic abuse, 
 27.14  the location and telephone number of the area battered women's 
 27.15  shelter as designated by the department of corrections. 
 27.16     (b) As soon as practicable after an order for conditional 
 27.17  release is entered, the agency having custody of the arrested 
 27.18  person or its designee must personally deliver or mail to the 
 27.19  alleged victim a copy of the written order and written notice of 
 27.20  the information in paragraph (a), clauses (2) and (3). 
 27.21     Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
 27.22  person arrested for or a juvenile detained for domestic assault 
 27.23  or harassment is scheduled to be reviewed under subdivision 2 
 27.24  for release from pretrial detention, the court shall make a 
 27.25  reasonable good faith effort to notify:  (1) the victim of the 
 27.26  alleged crime; (2) if the victim is incapacitated or deceased, 
 27.27  the victim's family; and (3) if the victim is a minor, the 
 27.28  victim's parent or guardian.  The notification must include: 
 27.29     (a) the date and approximate time of the review; 
 27.30     (b) the location where the review will occur; 
 27.31     (c) the name and telephone number of a person that can be 
 27.32  contacted for additional information; and 
 27.33     (d) a statement that the victim and the victim's family may 
 27.34  attend the review. 
 27.35     Sec. 20.  [634.21] [STATEMENTS REGARDING DOMESTIC ABUSE.] 
 27.36     (a) Notwithstanding any law or rule to the contrary, a 
 28.1   statement made by a victim of domestic abuse within 24 hours 
 28.2   after the incident occurred that purports to narrate, describe, 
 28.3   report, or explain an incident of domestic abuse is admissible 
 28.4   in evidence if the statement: 
 28.5      (1) was recorded, either electronically or in writing, or 
 28.6   was made to a peace officer as defined in section 626.84, 
 28.7   subdivision 1, corrections officer, probation officer, emergency 
 28.8   medical technician, or firefighter; and 
 28.9      (2) has sufficient indicia of reliability. 
 28.10     (b) In determining whether a statement has sufficient 
 28.11  indicia of reliability under paragraph (a), the court shall 
 28.12  consider all circumstances surrounding the statement.  The court 
 28.13  may consider, but is not limited to, the following factors in 
 28.14  making this determination: 
 28.15     (1) the personal knowledge of the declarant; 
 28.16     (2) whether the statement is corroborated by evidence other 
 28.17  than statements that are subject to admission only pursuant to 
 28.18  this section; 
 28.19     (3) the timing of the statement; 
 28.20     (4) whether the statement was elicited by leading 
 28.21  questions; and 
 28.22     (5) subsequent statements made by the declarant. 
 28.23     In the absence of other factors indicating unreliability, 
 28.24  recantation by a declarant is not a sufficient reason for 
 28.25  denying admission of a statement under this section.  
 28.26     "Domestic abuse" has the meaning given in section 518B.01, 
 28.27  subdivision 2.  
 28.28     Sec. 21.  [611A.203] [GRANT PROGRAM TO INCREASE SUPERVISION 
 28.29  OF HIGH RISK DOMESTIC ABUSE OFFENDERS.] 
 28.30     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 28.31  corrections shall administer a grant program and make grants to 
 28.32  state and local correctional agencies supervising high risk 
 28.33  domestic abuse offenders. 
 28.34     Subd. 2.  [ELIGIBILITY.] State and local correctional 
 28.35  agencies are eligible to apply for a grant under this section if 
 28.36  they adopt and implement a specialized risk assessment scale to 
 29.1   identify high risk domestic abuse offenders.  This scale must 
 29.2   assess the following risk factors: 
 29.3      (1) the offender's prior offense history, including the 
 29.4   number of prior offenses and victims and the duration of the 
 29.5   offender's prior offense history; 
 29.6      (2) the seriousness of the offense should the offender 
 29.7   reoffend, including the degree of likely force or harm and the 
 29.8   likelihood of the offender to engage in stalking behavior; 
 29.9      (3) the offender's attitude, including motivation to 
 29.10  change, willingness to accept assistance, and willingness to 
 29.11  accept responsibility for the offender's actions; 
 29.12     (4) the offender's response to treatment efforts; 
 29.13     (5) the offender's history of substance abuse; 
 29.14     (6) the availability of community supports to the offender, 
 29.15  including the availability and likelihood that the offender will 
 29.16  be involved in therapeutic treatment; 
 29.17     (7) the offender's familial and social relationships; and 
 29.18     (8) the offender's education, employment, and residential 
 29.19  stability. 
 29.20     The risk assessment scale may also address other factors. 
 29.21     Subd. 3.  [REPORT.] By November 15, 2002, the commissioner 
 29.22  of corrections shall report to the legislature on the grants 
 29.23  made under this section.  
 29.24     Sec. 22.  [APPROPRIATIONS.] 
 29.25     Subdivision 1.  [CORRECTIONS.] $....... is appropriated to 
 29.26  the commissioner of corrections for a grant program to increase 
 29.27  supervision of high risk domestic abuse offenders who are on 
 29.28  probation, conditional release, or supervised release by means 
 29.29  of caseload reduction.  The grants shall be used to reduce the 
 29.30  number of offenders supervised by officers with specialized 
 29.31  caseloads to an average of 35 offenders.  This appropriation is 
 29.32  available for the biennium ending June 30, 2003. 
 29.33     Subd. 2.  [PUBLIC SAFETY.] (a) $....... is appropriated to 
 29.34  the commissioner of public safety for a grant to an organization 
 29.35  to monitor and track judicial responses to domestic assault 
 29.36  cases in each judicial district. 
 30.1      (b) $....... is appropriated to the commissioner of public 
 30.2   safety for grants to community advocacy and outreach programs 
 30.3   under Minnesota Statutes, section 611A.32, to provide services 
 30.4   in unserved and underserved counties. 
 30.5      (c) $....... is appropriated to the commissioner of public 
 30.6   safety for per diem funding for battered women shelters under 
 30.7   Minnesota Statutes, section 611A.32, and for safe homes. 
 30.8      (d) $....... is appropriated to the commissioner of public 
 30.9   safety for grants for criminal justice intervention programs to 
 30.10  ensure a program exists in every county. 
 30.11     The appropriations in this subdivision are available for 
 30.12  the biennium ending June 30, 2003. 
 30.13     Sec. 23.  [REPEALER.] 
 30.14     Minnesota Statutes 2000, section 609.2244, subdivision 4, 
 30.15  is repealed. 
 30.16     Sec. 24.  [EFFECTIVE DATES.] 
 30.17     Sections 5 and 10 to 16 are effective August 1, 2001, and 
 30.18  apply to crimes committed on or after that date.  Sections 1 to 
 30.19  4 and 17 to 23 are effective July 1, 2001.