Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 21-H.F.No. 14 
           An act relating to crimes; restitution; revising 
          current procedures relating to the ordering and 
          collection of restitution; amending Minnesota Statutes 
          1988, sections 260.185, subdivisions 1 and 3a; 
          609.135, subdivision 1a; 611A.04, subdivisions 1, 2, 
          and 3; and 611A.045; proposing coding for new law in 
          Minnesota Statutes, chapter 611A.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 260.185, 
subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
    (a) Counsel the child or the parents, guardian, or 
custodian; 
    (b) Place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court including reasonable rules 
for conduct and the conduct of the child's parents, guardian, or 
custodian, designed for the physical, mental, and moral 
well-being and behavior of the child, or with the consent of the 
commissioner of corrections, in a group foster care facility 
which is under the management and supervision of said 
commissioner; 
    (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
    (1) A child placing agency; or 
    (2) The county welfare board; or 
    (3) A reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless licensed as a residential facility pursuant to sections 
245.781 to 245.812; or 
    (4) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), A county 
home school, if the county maintains a home school or enters 
into an agreement with a county home school; or 
    (5) A county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
    (d) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), Transfer 
legal custody by commitment to the commissioner of corrections; 
    (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the person or 
property of another, the court may order the child to make 
reasonable restitution for such damage; 
    (f) Require the child to pay a fine of up to $700; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
     (g) If the child is in need of special treatment and care 
for reasons of physical or mental health, the court may order 
the child's parent, guardian, or custodian to provide it.  If 
the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided; 
     (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until the child's 18th birthday, the court 
may recommend to the commissioner of public safety the 
cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of public safety 
that the child be authorized to apply for a new license, and the 
commissioner may so authorize. 
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) Why the best interests of the child are served by the 
disposition ordered; and 
    (b) What alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    This subdivision applies to dispositions of juveniles found 
to be delinquent as defined in section 260.015, subdivision 5, 
clause (c) or (d) made prior to, on, or after January 1, 1978.  
    Sec. 2.  Minnesota Statutes 1988, section 260.185, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [ENFORCEMENT OF RESTITUTION ORDERS.] If the 
court orders payment of restitution as a condition of probation 
and the child fails to pay the restitution ordered before 60 
days before the term of probation expires in accordance with the 
payment schedule or structure established by the court or the 
probation officer, the child's probation officer shall may, on 
the officer's own motion or at the request of the victim, file a 
petition for violation of probation or shall ask the court to 
hold a hearing to determine whether the conditions of probation 
should be changed.  The child's probation officer shall ask for 
the hearing if the restitution ordered has not been paid prior 
to 60 days before the term of probation expires.  The court 
shall schedule and hold this hearing before the child's term of 
probation expires. 
    Sec. 3.  Minnesota Statutes 1988, section 609.135, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [FAILURE TO PAY RESTITUTION.] If the court 
orders payment of restitution as a condition of probation and if 
the defendant fails to pay the restitution ordered prior to 60 
days before the term of probation expires in accordance with the 
payment schedule or structure established by the court or the 
probation officer, the defendant's probation officer shall may, 
on the officer's own motion or at the request of the victim, ask 
the court to hold a hearing to determine whether or not the 
conditions of probation should be changed or probation should be 
revoked.  The defendant's probation officer shall ask for the 
hearing if the restitution ordered has not been paid prior to 60 
days before the term of probation expires.  The court shall 
schedule and hold this hearing and take appropriate action 
before the defendant's term of probation expires. 
    Sec. 4.  Minnesota Statutes 1988, section 611A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUEST; DECISION.] (a) 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 request must describe the items or 
elements of loss and itemizing, itemize the total dollar amounts 
of restitution claimed, and specify the reasons justifying these 
amounts, if the request is for monetary or property 
restitution.  A request for restitution may include, but is not 
limited to, any out-of-pocket losses resulting from the crime, 
including medical and therapy costs, replacement of wages and 
services, and funeral expenses.  In order to be considered by 
the court, the request must be received by the court 
administrator of the appropriate court at least three business 
days before the sentencing or dispositional hearing.  The court 
administrator shall provide copies of this request to the 
prosecutor and the offender at least 24 hours before the 
sentencing or dispositional hearing.  
    (b) The court may amend or issue an order of restitution 
after the sentencing or dispositional hearing if: 
    (1) the offender is on probation or supervised release; 
    (2) a request for restitution is filed by the victim or 
prosecutor in affidavit form as required under paragraph (a); 
and 
    (3) the true extent of the victim's loss was not known at 
the time of the sentencing or dispositional hearing. 
    If the court holds a hearing on the restitution request, 
the court must notify the offender, the offender's attorney, the 
victim, and the prosecutor at least five business days before 
the hearing.  The court's restitution decision is governed by 
this section and section 611A.045. 
    (c) The court shall grant or deny restitution or partial 
restitution and shall state on the record its reasons for its 
decision on restitution if a request for restitution has been 
made.  If the court grants partial restitution it shall also 
specify the full amount of restitution that may be docketed as a 
civil judgment under subdivision 3.  The court may not require 
that the victim waive or otherwise forfeit any rights or causes 
of action as a condition of granting restitution or partial 
restitution. 
    Sec. 5.  Minnesota Statutes 1988, section 611A.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURES.] The offender shall make restitution 
payments to the court administrator of the county, municipal, or 
district court of the county in which the restitution is to be 
paid.  The court administrator shall disburse restitution in 
incremental payments and may not keep a restitution payment for 
longer than 30 days.  The court administrator shall keep records 
of the amount of restitution ordered in each case, any change 
made to the restitution order, and the amount of restitution 
actually paid by the offender.  The court administrator shall 
forward the data collected to the state court administrator who 
shall compile the data and make it available to the supreme 
court and the legislature upon request. 
     Sec. 6.  Minnesota Statutes 1988, section 611A.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
restitution may be enforced by any person named in the order to 
receive the restitution in the same manner as a judgment in a 
civil action.  An order of restitution shall be docketed as a 
civil judgment by the court administrator of the district court 
in the county in which the order of restitution was entered.  A 
juvenile court is not required to appoint a guardian ad litem 
for a juvenile offender before docketing a restitution order.  
Interest shall accrue on the unpaid balance of the judgment as 
provided in section 549.09.  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 611A.61 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. 7.  Minnesota Statutes 1988, section 611A.045, is 
amended to read: 
    611A.045 [PROCEDURE FOR ISSUING ORDER OF RESTITUTION.] 
    Subdivision 1.  [CRITERIA.] The court, in determining 
whether to order restitution and the amount of the restitution, 
shall consider the amount of the economic loss sustained by the 
victim as a result of the offense the following factors: 
    (1) the amount of economic loss sustained by the victim as 
a result of the offense; and 
    (2) the income, resources, and obligations of the defendant.
    Subd. 2.  [PRESENTENCE INVESTIGATION.] The court may order 
that the presentence investigation report made pursuant to 
section 609.115, subdivision 1, must contain information 
pertaining to the factors set forth in subdivision 1. 
    Subd. 2a.  [PAYMENT STRUCTURE.] The court shall include in 
every restitution order a provision requiring a payment schedule 
or structure.  The court may assign the responsibility for 
developing the schedule or structure to the court administrator, 
a probation officer, or another designated person.  The person 
who develops the payment schedule or structure shall consider 
relevant information supplied by the defendant.  If the 
defendant is placed on supervised probation, the payment 
schedule or structure must be incorporated into the probation 
agreement and must provide that the obligation to pay 
restitution continues throughout the term of probation.  If the 
defendant is not placed on probation, the structure or schedule 
must provide that the obligation to pay restitution begins no 
later than 60 days after the restitution order is issued. 
    Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN.] A dispute as to 
the proper amount or type of restitution must be resolved by the 
court by the preponderance of the evidence.  The burden of 
demonstrating the amount of the loss sustained by a victim as a 
result of the offense and the appropriateness of a particular 
type of restitution is on the prosecution. 
     Sec. 8.  [611A.046] [VICTIM'S RIGHT TO REQUEST PROBATION 
REVIEW HEARING.] 
    A victim has the right to ask the offender's probation 
officer to request a probation review hearing if the offender 
fails to pay restitution as required in a restitution order. 
    Presented to the governor April 3, 1989 
    Signed by the governor April 4, 1989, 2:01 p.m.