Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 513-H.F.No. 1524
           An act relating to claims against the state; providing 
          for claims arising out of the injury or death of an 
          inmate conditionally released or a person performing 
          work pursuant to a court order; amending Minnesota 
          Statutes 1982, section 3.739, subdivisions 1, 2, and 
          by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 3.739, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LEGISLATIVE AUTHORITY PERMISSIBLE CLAIMS.] 
Claims and demands arising out of the circumstances described in 
this subdivision shall be presented to, heard, and determined by 
the legislature as provided in subdivision 2: 
    (1) An injury to or death of an inmate of a state, 
regional, or local correctional facility or county jail who has 
been conditionally released from a state correctional facility 
and ordered to perform uncompensated work for a state agency, a 
political subdivision or public corporation of this state, or a 
nonprofit educational, medical, or social service agency, or a 
private business or individual, as a condition of his release, 
while performing the work;  
    (2) An injury to or death of a person who has been placed 
on probation by a court sentenced by a court, granted a 
suspended sentence by a court, or subject to a court disposition 
order, and who, is performing work in restitution pursuant to 
court order, is performing work (a) in restitution, (b) in lieu 
of or to work off fines or court ordered costs, (c) in lieu of 
incarceration, or (d) as a term or condition of a sentence, 
suspended sentence, or disposition order, while performing the 
work; or 
    (3) An injury to or death of a person, including a juvenile 
, who has been diverted from the court system and who is 
performing work in restitution as described in paragraph (1) or 
(2) pursuant to a written agreement signed by himself, and if a 
juvenile, by his parent or guardian. 
    Sec. 2.  Minnesota Statutes 1982, section 3.739, 
subdivision 2, is amended to read: 
    Subd. 2.  [EVALUATION AND PAYMENT OF CLAIMS.] Claims not to 
exceed $500 arising out of this section shall be paid pursuant 
to legislative appropriation following evaluation of each claim 
by the appropriate committees of the senate and house of 
representatives.  Compensation will not be paid for pain and 
suffering investigated by the state or local agency responsible 
for supervising the work to determine if the claim is valid and 
if the loss is covered by insurance.  The investigating agency 
shall submit all appropriate claims to the department of 
corrections.  The department shall pay the portion of any 
approved claim that is not covered by insurance within a 
reasonable period of time.  On or before the first day of each 
legislative session, the department shall submit to the 
appropriate committees of the senate and the house of 
representatives a list of the claims paid by it during the 
preceding calendar year, and shall be reimbursed pursuant to 
legislative appropriation for the claims paid.  
    Any claim in excess of $500, and any claim that was not 
paid by the department may be presented to, heard, and 
determined by the appropriate committees of the senate and the 
house of representatives and, if approved, shall be paid 
pursuant to legislative claims procedure.  
    No juvenile claimant receiving payment pursuant to this 
section may be identified by name either in the list of 
claimants submitted by the department or in the legislative 
appropriation.  
    Sec. 3.  Minnesota Statutes 1982, section 3.739, is amended 
by adding a subdivision to read: 
    Subd. 2a.  [LIMITATIONS.] No compensation shall be paid 
pursuant to this section for pain and suffering.  Payments made 
pursuant to this section shall be reduced by any proceeds 
received by the claimant from any insurance policy covering the 
loss. 
    Approved April 25, 1984