Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 242-S.F.No. 281 
           An act relating to criminal justice; permitting 
          certain individuals to make claims against the state; 
          clarifying the procedure for making certain claims 
          against the state; providing limitations on the 
          payment of claims; placing restrictions on places 
          where work in restitution or community service may be 
          performed; amending Minnesota Statutes 1984, sections 
          3.739, subdivisions 1, 2, and 2a; and 609.135, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 3.739, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
arising out of the circumstances described in this subdivision 
shall be presented to, heard, and determined 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 and ordered to perform uncompensated 
work for a state agency, a political subdivision or public 
corporation of this state, 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 sentenced by a court, 
granted a suspended sentence by a court, or subject to a court 
disposition order, and who, 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, who has been 
diverted from the court system and who is performing work as 
described in paragraph (1) or (2) pursuant to a written 
agreement signed by himself, and if a juvenile, by his parent or 
guardian.; or 
    (4) An injury to or death of any person caused by an 
individual who was performing work as described in paragraph 
(1), (2), or (3). 
     Sec. 2.  Minnesota Statutes 1984, 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 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 
the claimant's 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 the claimant's 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.  For the purposes of this paragraph, in the 
case of a juvenile claimant the term "claimant's insurance" 
includes the insurance policy of the juvenile's parents if the 
juvenile is covered by the policy.  
    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 1984, section 3.739, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [LIMITATIONS.] Compensation paid under this 
section is limited to reimbursement for medical expenses and 
compensation for permanent total or partial disability or 
death.  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.  For the purposes of 
this section, "insurance policy" does not include the medical 
assistance program authorized under chapter 256B, or the general 
assistance medical care program authorized under chapter 256D. 
     Sec. 4.  Minnesota Statutes 1984, section 609.135, 
subdivision 1, is amended to read:  
    Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
sentence of life imprisonment is required by law, or when a 
mandatory minimum term of imprisonment is required by section 
609.11, any court may stay imposition or execution of sentence 
and (a) may order noninstitutional sanctions without placing the 
defendant on probation, or (b) may place the defendant on 
probation with or without supervision and on the terms the court 
prescribes, including noninstitutional sanctions when 
practicable.  The court may order the supervision to be under 
the probation officer of the court, or, if there is none and the 
conviction is for a felony or gross misdemeanor, by the 
commissioner of corrections, or in any case by some other 
suitable and consenting person.  No noninstitutional sanction 
may be ordered performed at a location that fails to observe 
applicable requirements or standards of chapter 181A or 182, or 
any rule promulgated under them.  For purposes of this 
subdivision, subdivision 6, and section 609.14, the term 
"noninstitutional sanctions" includes but is not limited to 
restitution, community work service, and work in lieu of or to 
work off fines.  
    A court may not stay the revocation of the driver's license 
of a person convicted of violating the provisions of section 
169.121. 
    Approved May 28, 1985