Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 262--H.F.No. 218
An act relating to crimes; expanding the rights of
victims of crime; establishing the right of a victim
to request restitution; providing for implementation
of victim and witness rights by law; providing penal
sanctions and judicial mechanisms to deter
intimidation of witnesses; requiring development of a
plan for notifying crime victims about available
financial assistance and social services; providing
for victim participation in the criminal process;
providing penalties; amending Minnesota Statutes 1982,
sections 241.26, subdivision 5; 243.23, subdivision 3;
609.115, subdivision 1, and by adding subdivisions;
609.498; and 631.425, subdivision 5; proposing new law
coded as Minnesota Statutes, chapter 611A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
RIGHTS OF VICTIMS OF CRIMES
GENERAL RIGHTS
Section 1. [611A.01] [DEFINITIONS.]
For the purposes of sections 1 to 5:
(a) "Crime" means conduct that is included within the
definition of "crime" in section 609.02, subdivision 1, or would
be included within that definition but for the fact that (i) the
person engaging in the conduct lacked capacity to commit the
crime under the laws of this state, or (ii) the act was alleged
or found to have been committed by a juvenile;
(b) "Victim" means a natural person who incurs loss or harm
as a result of a crime. If the victim is deceased, "victim"
means the deceased's surviving spouse or next of kin; and
(c) "Juvenile" has the same meaning as given to the term
"child" in section 260.015, subdivision 2.
Sec. 2. [611A.02] [VICTIM SERVICE NOTIFICATION.]
The commissioner of corrections, in cooperation with the
executive director of the crime victims reparations board, shall
develop a plan to provide victims with information concerning
victim services in the geographic area where the crime
occurred. This information shall include, but need not be
limited to, information about available victim crisis centers,
programs for victims of sexual assault, victim witness programs,
elderly victims projects, victim assistance hotlines, incest
abuse programs, and domestic violence shelters and programs.
The plan shall take into account the fact that some
counties currently have informational service systems and victim
or witness services or programs.
This plan shall be presented to the appropriate standing
committees of the legislature no later than February 1, 1984.
Sec. 3. [611A.03] [PLEA AGREEMENTS; NOTIFICATION.]
Subdivision 1. [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.]
Prior to the entry of the factual basis for a plea pursuant to a
plea agreement recommendation, a prosecuting attorney shall make
a reasonable and good faith effort to inform the victim of:
(a) The contents of the plea agreement recommendation; and
(b) His right to be present at the sentencing hearing and
to express in writing any objection he has to the agreement or
to the proposed disposition. If the victim is not present when
the court considers the recommendation, but has communicated his
objections to the prosecuting attorney, the prosecuting attorney
shall make these objections known to the court.
Subd. 2. [NOTIFICATION DUTIES.] A prosecuting attorney
satisfies the requirements of subdivision 1 by notifying:
(a) The victim's legal guardian or guardian ad litem; or
(b) The three victims the prosecuting attorney believes to
have suffered the most, if there are more than three victims of
the offense.
Subd. 3. [APPLICABILITY.] The provisions of this section
apply to crimes which are violations of sections 609.185,
609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223,
609.224, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343,
609.344, 609.345, 609.3641, 609.3642, 609.3643, 609.3644,
609.365, 609.498, 609.561, 609.58, clauses (1)(b) and (2), and
609.687.
Sec. 4. [611A.04] [VICTIM'S RIGHT TO REQUEST RESTITUTION.]
Subdivision 1. [REQUEST; DECISION.] A victim of a crime
has the right to request that restitution be considered as part
of the disposition of a criminal charge or juvenile delinquency
proceeding against the offender. The request for restitution
shall be made by the victim in writing in affidavit form,
describing the items or elements of loss and itemizing the total
dollar amounts of restitution claimed, and the reasons
justifying these amounts, if the request is for monetary or
property restitution. In order to be considered by the court,
the request must be received by the clerk of the appropriate
court at least three business days before the sentencing or
dispositional hearing. The clerk of court shall provide copies
of this request to the prosecutor and the offender at least 24
hours before the sentencing or dispositional hearing.
The court shall grant or deny restitution, and shall state
on the record its reasons for its decision on restitution if a
request for restitution has been made.
Subd. 2. [PROCEDURES.] The offender shall make restitution
payments to the clerk of the county, municipal, or district
court of the county in which the restitution is to be paid.
Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] A decision for
or against restitution in any criminal or juvenile proceeding is
not a bar to any civil action by the victim or by the state
pursuant to section 299B.10 against the offender. The offender
shall be given credit, in any order for judgment in favor of a
victim in a civil action, for any restitution paid to the victim
for the same injuries for which the judgment is awarded.
Sec. 5. [611A.06] [RIGHT TO NOTICE OF RELEASE.]
The commissioner of corrections or other custodial
authority shall make a good faith effort to notify the victim
that the offender is to be released from imprisonment or
incarceration, other than for work release, prior to the release
if the victim has mailed to the commissioner of corrections or
to the head of the facility in which the offender is confined a
written request for this notice. The commissioner or other
custodial authority complies with this section if he mails the
notice of impending release to the victim at the address which
the victim has most recently provided to him in writing.
Sec. 6. [INSTRUCTION TO REVISOR.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall renumber each section specified in
Column A with the number set forth in Column B.
In addition, the revisor of statutes shall make necessary
cross-reference changes consistent with renumbering required by
this section.
Column A Column B
Minnesota Statutes
1982
Section 645.23 Section 611A.05
VICTIM PROGRAMS
PROGRAM TO AID VICTIMS OF SEXUAL
ATTACK
Section 241.51 Section 611A.21
Section 241.52 Section 611A.22
Section 241.53 Section 611A.23
BATTERED WOMEN
Section 241.61 Section 611A.31
Section 241.62 Section 611A.32
Section 241.63 Section 611A.33
Section 241.64 Section 611A.34
Section 241.65 Section 611A.35
Section 241.66 Section 611A.36
VICTIM AGENCIES
CRIME VICTIM CRISIS CENTER
Section 241.55 Section 611A.41
Section 241.56 Section 611A.42
Section 241.57 Section 611A.43
Section 241.58 Section 611A.44
CRIME VICTIMS REPARATIONS BOARD
Section 299B.01 Section 611A.51
Section 299B.02 Section 611A.52
Section 299B.03 Section 611A.53
Section 299B.04 Section 611A.54
Section 299B.05 Section 611A.55
Section 299B.06 Section 611A.56
Section 299B.07 Section 611A.57
Section 299B.071 Section 611A.58
Section 299B.08 Section 611A.59
Section 299B.09 Section 611A.60
Section 299B.10 Section 611A.61
Section 299B.11 Section 611A.62
Section 299B.12 Section 611A.63
Section 299B.13 Section 611A.64
Section 299B.14 Section 611A.65
Section 299B.15 Section 611A.66
Section 299B.16 Section 611A.67
Section 299B.17 Section 611A.68
ARTICLE 2
Section 1. Minnesota Statutes 1982, section 241.26,
subdivision 5, is amended to read:
Subd. 5. [EARNINGS; WORK RELEASE ACCOUNT.] The net
earnings of each inmate participating in a work release program
provided by this section shall be collected by or forwarded to
the commissioner of corrections under rules established by him
and deposited by the commissioner in the state treasury and, to
be credited to the "work release account," which account is
hereby established, to the account of such the inmate. Such
The moneys shall be and remain under the control of the
commissioner for the sole benefit of such the inmate, subject to
disbursement by the commissioner for the following purpose
purposes and in the following order:
(1) The cost of such the inmate's keep as determined by the
provision of subdivision 7, which moneys shall be deposited in
the general fund of the state treasury if such the inmate is
housed in a state correctional institution, or shall be paid to
the appropriate city or county treasurer if such the inmate is
housed in a city or county facility;
(2) Necessary travel expense to and from work and other
incidental expenses of the inmate;
(3) Support of inmate's dependents, if any;
(4) Court-ordered restitution;
(5) After the above expenditures, the inmate shall have
discretion to direct payment of the balance, if any, upon proper
proof of personal legal debts;
(5) (6) The balance, if any, shall be disbursed to the
inmate as provided in section 243.24, subdivision 1.
All moneys in the "work release account" established by
this subdivision are appropriated annually to the commissioner
of corrections for the purposes of the work release program.
Sec. 2. Minnesota Statutes 1982, section 243.23,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] Notwithstanding sections 241.01,
subdivision 8, 241.26, subdivision 5, and 243.24, subdivision 1,
the commissioner shall promulgate rules for the disbursement of
funds earned under subdivision 1 for the support of families and
dependent relatives of the respective inmates, for the payment
of court-ordered restitution, and for the discharge of any legal
obligations arising out of litigation under this subdivision.
An inmate of an adult correctional facility under the control of
the commissioner is subject to actions for the enforcement of
support obligations and reimbursement of any public assistance
rendered the dependent family and relatives. The commissioner
may conditionally release an inmate who is a party to an action
under this subdivision and provide for his detention in a local
detention facility convenient to the place of the hearing when
he is not engaged in preparation and defense.
Sec. 3. Minnesota Statutes 1982, section 609.115,
subdivision 1, is amended to read:
Subdivision 1. [PRESENTENCE INVESTIGATION.] When a
defendant has been convicted of a misdemeanor, or gross
misdemeanor, or felony, the court may, and when the defendant
has been convicted of a felony, the court shall, before sentence
is imposed, cause a presentence investigation and written report
to be made to the court concerning the defendant's individual
characteristics, circumstances, needs, potentialities, criminal
record and social history, the circumstances of the offense and
the harm caused thereby by it to others and to the community.
If the court so directs, the report shall include an estimate of
the prospects of the defendant's rehabilitation and
recommendations as to the sentence which should be imposed. In
misdemeanor cases the report may be oral.
When a defendant has been convicted of a felony, and before
sentencing, the court shall cause a sentencing worksheet to be
completed to facilitate the application of the Minnesota
sentencing guidelines. If a presentence investigation is
ordered by the court, The worksheet shall be submitted as part
of the presentence investigation report. If a presentence
investigation is not ordered by the court, the worksheet shall
nonetheless be submitted.
The investigation shall be made by a probation officer of
the court, if there is one, otherwise by the commissioner of
corrections.
Pending the presentence investigation and report, the court
with the consent of the commissioner may commit the defendant to
the custody of the commissioner of corrections who shall return
the defendant to the court when the court so orders.
Presentence investigations shall be conducted and summary
hearings held upon reports and upon the sentence to be imposed
upon the defendant in accordance with this section, Minnesota
Statutes, Section section 244.10, upon its effective date, and
Rule 27 of the rules of criminal procedure.
Sec. 4. Minnesota Statutes 1982, section 609.115, is
amended by adding a subdivision to read:
Subd. 1b. [ADDITIONAL CONTENTS.] The presentence
investigation report shall also include the following
information relating to victims:
(a) a summary of the damages or harm and any other problems
generated by the criminal occurrence;
(b) a concise statement of what disposition the victim
deems appropriate for the defendant or juvenile court
respondent, including reasons given, if any, by the victim in
support of his opinion; and
(c) an attachment to the report, consisting of the victim's
written objections, if any, to the proposed disposition if the
victim provides the officer conducting the presentence
investigation with this written material within a reasonable
time prior to the disposition.
For the purposes of this section, "victim" has the meaning
given to it in article 1, section 1.
Sec. 5. Minnesota Statutes 1982, section 609.115, is
amended by adding a subdivision to read:
Subd. 1c. [NOTICE TO VICTIM.] The officer conducting the
presentence or predispositional report shall make reasonable and
good faith efforts to contact the victim of that crime and to
provide that victim with the following information: (i) the
charge or juvenile court petition to which the defendant has
been convicted or pleaded guilty, or the juvenile respondent has
admitted in court or has been found to have committed by the
juvenile court, and of any plea agreement between the
prosecution and the defense counsel; (ii) his right to request
restitution pursuant to article 1, section 4; (iii) the time and
place of the sentencing or juvenile court disposition and his
right to be present; and (iv) his right to object in writing to
the court, prior to the time of sentencing or juvenile court
disposition, to the proposed sentence or juvenile dispositional
alternative, or to the terms of the proposed plea agreement. To
assist the victim in making a recommendation under clause (iv),
the officer shall provide the victim with information about the
court's options for sentencing and other dispositions. Failure
of the officer to comply with this subdivision does not give any
rights or grounds for post-conviction or post-juvenile
disposition relief to the defendant or juvenile court
respondent, nor does it entitle a defendant or a juvenile court
respondent to withdraw a plea of guilty.
Sec. 6. Minnesota Statutes 1982, section 609.498, is
amended to read:
609.498 [TAMPERING WITH A WITNESS.]
Subdivision 1. [TAMPERING WITH A WITNESS IN THE FIRST
DEGREE.] Whoever does any of the following is guilty of
tampering with a witness in the first degree and may be
sentenced as provided in subdivision 1a:
(a) intentionally prevents or dissuades or intentionally
attempts to prevent or dissuade by means of force or threats of
injury to person, family, or property, a person who is or may
become a witness from attending or testifying at any trial,
proceeding, or inquiry authorized by law, is guilty of tampering
with a witness in the first degree and may be sentenced;
(b) intentionally threatens to cause injury to person,
family, or property in retaliation against a person who was
summoned as a witness at any trial, proceeding, or inquiry
authorized by law, within a year following that trial,
proceeding, or inquiry;
(c) intentionally prevents or dissuades or attempts to
prevent or dissuade, by means of force or threats of injury to
person, family, or property, a person from providing information
to law enforcement authorities concerning a crime; or
(d) intentionally threatens to cause injury to person,
family, or property in retaliation against a person who has
provided information to law enforcement authorities concerning a
crime within a year of that person providing the information.
Subd. 1a. [PENALTY.] Whoever violates subdivision 1 may be
sentenced to imprisonment for not more than five years or to
payment of a fine not to exceed $5,000.
Subd. 2. [TAMPERING WITH A WITNESS IN THE SECOND DEGREE.]
Whoever does any of the following is guilty of tampering with a
witness in the second degree and may be sentenced as provided in
subdivision 3:
(a) intentionally prevents or dissuades or intentionally
attempts to prevent or dissuade by means of any act described in
section 609.27, subdivision 1, clauses clause (3), (4), or (5),
a person who is or may become a witness from attending or
testifying at any trial, proceeding, or inquiry authorized by
law, is guilty of tampering with a witness in the second degree
and; or
(b) intentionally prevents or dissuades or attempts to
prevent or dissuade by means of any act described in section
609.27, subdivision 1, clause (3), (4), or (5), a person from
providing information to law enforcement authorities concerning
a crime.
Subd. 3. [SENTENCE.] Whoever violates subdivision 2 may be
sentenced to imprisonment for not more than one year or to
payment of a fine not to exceed $1,000.
Sec. 7. Minnesota Statutes 1982, section 631.425,
subdivision 5, is amended to read:
Subd. 5. [EARNINGS.] The earnings of the prisoner may be
collected by the sheriff, probation department, welfare board or
suitable person or agency designated by the court. From such
the earnings, the person or agency designated to collect them
may pay the cost of the prisoner's maintenance, both inside and
outside the jail, but the charge for maintenance inside the jail
shall not exceed the legal daily allowance for board allowed the
sheriff for ordinary prisoners, and, to the extent directed by
the court, pay the support of his dependents, if any, and court
costs and fines, and court-ordered restitution, if any. Any
balance shall be retained until his discharge when it shall be
paid to him.
Sec. 8. [EFFECTIVE DATE.]
Articles 1 and 2 of this act are effective August 1, 1983,
and apply to crimes committed on or after that date.
Approved June 6, 1983
Official Publication of the State of Minnesota
Revisor of Statutes