Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 579-S.F.No. 1873 
           An act relating to crime; providing victims of 
          delinquent acts the right to request notice of release 
          of juvenile offenders from juvenile correctional 
          facilities; providing notice to sexual assault victims 
          when a juvenile offender is released from pretrial 
          detention; requiring that victims be informed of their 
          right to request the withholding of public law 
          enforcement data that identifies them; clarifying the 
          duty of court administrators to disburse restitution 
          payments; making certain changes to the crime victims 
          reparations act; authorizing the court to order 
          intermediate sanctions as a condition of probation; 
          defining intermediate sanctions; providing for payment 
          of costs of extradition; amending Minnesota Statutes 
          1988, sections 609.135, subdivisions 1 and 6; 609.14; 
          611A.53, subdivision 2; 611A.57, subdivision 6; and 
          631.48; Minnesota Statutes 1989 Supplement, sections 
          13.84, subdivision 5a; 260.161, subdivision 2; 
          611A.04, subdivision 2; 611A.06; 611A.52, subdivision 
          8; and 629.73; 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 1989 Supplement, section 
13.84, subdivision 5a, is amended to read:  
    Subd. 5a.  [PUBLIC BENEFIT DATA.] (a) The responsible 
authority or its designee of a parole or probation authority or 
correctional agency may release private or confidential court 
services data related to:  (1) criminal acts to any law 
enforcement agency, if necessary for law enforcement purposes; 
and (2) criminal acts or delinquent acts to the victims of 
criminal or delinquent acts to the extent that the data are 
necessary for the victim to assert the victim's legal right to 
restitution.  In the case of delinquent acts, the data that may 
be released include only the juvenile's name, address, date of 
birth, and place of employment; the name and address of the 
juvenile's parents or guardians; and the factual part of police 
reports related to the investigation of the delinquent act.  
    (b) The responsible authority or its designee of a juvenile 
correctional agency may release private or confidential court 
services data to a victim of a delinquent act to the extent the 
data are necessary to enable the victim to assert the victim's 
right to request notice of release under section 611A.06.  The 
data that may be released include only the name, home address, 
and placement site of a juvenile who has been placed in a 
juvenile correctional facility as a result of a delinquent act.  
     Sec. 2.  Minnesota Statutes 1989 Supplement, section 
260.161, subdivision 2, is amended to read: 
    Subd. 2.  Except as provided in this subdivision and in 
subdivision 1, and except for legal records arising from 
proceedings that are public under section 260.155, subdivision 
1, none of the records of the juvenile court and none of the 
records relating to an appeal from a nonpublic juvenile court 
proceeding, except the written appellate opinion, shall be open 
to public inspection or their contents disclosed except (a) by 
order of a court or (b) as required by sections 611A.03, 
611A.04, and 611A.06, and 629.73.  The records of juvenile 
probation officers and county home schools are records of the 
court for the purposes of this subdivision.  Court services data 
relating to delinquent acts that are contained in records of the 
juvenile court may be released as allowed under section 13.84, 
subdivision 5a.  This subdivision applies to all proceedings 
under this chapter, including appeals from orders of the 
juvenile court, except that this subdivision does not apply to 
proceedings under section 260.255, 260.261, or 260.315 when the 
proceeding involves an adult defendant.  The court shall 
maintain the confidentiality of adoption files and records in 
accordance with the provisions of laws relating to adoptions.  
In juvenile court proceedings any report or social history 
furnished to the court shall be open to inspection by the 
attorneys of record and the guardian ad litem a reasonable time 
before it is used in connection with any proceeding before the 
court. 
    When a judge of a juvenile court, or duly authorized agent 
of the court, determines under a proceeding under this chapter 
that a child has violated a state or local law, ordinance, or 
regulation pertaining to the operation of a motor vehicle on 
streets and highways, except parking violations, the judge or 
agent shall immediately report the violation to the commissioner 
of public safety.  The report must be made on a form provided by 
the department of public safety and must contain the information 
required under section 169.95. 
     Sec. 3.  Minnesota Statutes 1988, 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 intermediate 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 
intermediate 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 intermediate 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 
intermediate sanctions" includes but is not limited to 
incarceration in a local jail or workhouse, home detention, 
electronic monitoring, intensive probation, sentencing to 
service, reporting to a day reporting center, chemical 
dependency or mental health treatment or counseling, 
restitution, fines, day-fines, 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. 
    Sec. 4.  Minnesota Statutes 1988, section 609.135, 
subdivision 6, is amended to read: 
    Subd. 6.  [PREFERENCE FOR NONINSTITUTIONAL INTERMEDIATE 
SANCTIONS.] A court staying imposition or execution of a 
sentence that does not include a term of incarceration as a 
condition of the stay shall order noninstitutional other 
intermediate sanctions where practicable.  
    Sec. 5.  Minnesota Statutes 1988, section 609.14, is 
amended to read: 
    609.14 [REVOCATION OF STAY.] 
    Subdivision 1.  [GROUNDS.] When it appears that the 
defendant has violated any of the conditions of probation or 
noninstitutional intermediate sanction, or has otherwise been 
guilty of misconduct which warrants the imposing or execution of 
sentence, the court may without notice revoke the stay thereof 
and probation and direct that the defendant be taken into 
immediate custody. 
    Subd. 2.  The defendant shall thereupon be notified in 
writing and in such manner as the court directs of the grounds 
alleged to exist for revocation of the stay of imposition or 
execution of sentence.  If such grounds are brought in issue by 
the defendant, a summary hearing shall be held thereon at which 
the defendant is entitled to be heard and to be represented by 
counsel.  
    Subd. 3.  [SENTENCE.] If any of such grounds are found to 
exist the court may: 
    (1) If imposition of sentence was previously stayed, again 
stay sentence or impose sentence and stay the execution thereof, 
and in either event place the defendant on probation or order 
noninstitutional intermediate sanctions pursuant to section 
609.135, or impose sentence and order execution thereof; or 
    (2) If sentence was previously imposed and execution 
thereof stayed, continue such stay and place the defendant on 
probation or order noninstitutional intermediate sanctions in 
accordance with the provisions of section 609.135, or order 
execution of the sentence previously imposed. 
    Subd. 4.  If none of such grounds are found to exist, the 
defendant shall be restored to liberty under the previous order 
of the court.  
    Sec. 6.  Minnesota Statutes 1988, section 631.48, is 
amended to read: 
    631.48 [PENALTY MAY INCLUDE COSTS OF PROSECUTION.] 
    In a criminal action, upon conviction of the defendant, the 
court may order as part of the sentence that defendant shall pay 
the whole or any part of the disbursements of the prosecution, 
including disbursements made to extradite a defendant.  The 
court may order this payment in addition to any other penalty 
authorized by law which it may impose.  The payment of the 
disbursements of prosecution may be enforced in the same manner 
as the sentence, or by execution against property.  When 
collected, the disbursements must be paid into the treasury of 
the county of conviction, but this payment may not interfere 
with the payment of officers', witnesses', or jurors' fees. 
    Sec.  7.  [611A.021] [NOTICE OF RIGHT TO REQUEST 
WITHHOLDING OF CERTAIN PUBLIC DATA.] 
    A victim has a right under section 13.82, subdivision 10, 
clause (d), to request a law enforcement agency to withhold 
public access to data revealing the victim's identity.  
    Sec.  8.  Minnesota Statutes 1989 Supplement, 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; except that the court administrator is not 
required to disburse a restitution payment that is under $10 
unless the payment would fulfill the offender's restitution 
obligation.  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.  9.  Minnesota Statutes 1989 Supplement, section 
611A.06, is amended to read:  
    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, including release on extended furlough and for 
work release,; released from a juvenile correctional facility; 
or released from a facility in which the offender was confined 
due to incompetency, mental illness, or mental deficiency, or 
commitment under section 253B.18, 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 notice given to a victim of a 
crime against a person must include the conditions governing the 
offender's release, and either the identity of the corrections 
agent who will be supervising the offender's release or a means 
to identify the court services agency that will be supervising 
the offender's release.  The commissioner or other custodial 
authority complies with this section upon mailing the notice of 
impending release to the victim at the address which the victim 
has most recently provided to the commissioner or authority in 
writing.  All identifying information regarding the victim, 
including the victim's request and the notice provided by the 
commissioner or custodial authority, is classified as private 
data on individuals as defined in section 13.02, subdivision 12, 
and is accessible only to the victim.  
    As used in this section, "crime against the person" means a 
crime listed in section 611A.031.  
    Sec.  10.  Minnesota Statutes 1989 Supplement, section 
611A.52, subdivision 8, is amended to read:  
    Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death.  
    (a) In the case of injury the term is limited to:  
    (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances, and prosthetic devices; 
    (2) reasonable expenses associated with recreational 
therapy where a claimant has suffered amputation of a limb; 
    (3) reasonable expenses incurred for psychological or 
psychiatric products, services, or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations:  
    (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
    (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
    (3) (4) loss of income greater than $50 that the victim 
would have earned had the victim not been injured; 
    (4) (5) reasonable expenses incurred for substitute child 
care or household services to replace those the victim would 
have performed had the victim not been injured.  As used in this 
clause, "child care services" means services provided by 
facilities licensed under and in compliance with either 
Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
9545.0670, or exempted from licensing requirements pursuant to 
section 245A.03.  Licensed facilities must be paid at a rate not 
to exceed their standard rate of payment.  Facilities exempted 
from licensing requirements must be paid at a rate not to exceed 
$3 an hour per child for daytime child care or $4 an hour per 
child for evening child care; and 
    (5) (6) reasonable expenses actually incurred to return a 
child who was a victim of a crime under section 609.25 or 609.26 
to the child's parents or lawful custodian.  These expenses are 
limited to transportation costs, meals, and lodging from the 
time the child was located until the child was returned home.  
    (b) In the case of death the term is limited to:  
    (1) reasonable expenses actually incurred for funeral, 
burial, or cremation, not to exceed an amount to be determined 
by the board on the first day of each fiscal year; 
    (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (3) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to dependents if the victim had lived; and 
    (4) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of dependents if the victim had 
lived.  
    Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less than 18 years old a claim for 
loss of support may be resubmitted to the board, and the board 
shall evaluate the claim giving consideration to the child's 
financial need and to the availability of funds to the board.  
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities.  
    Sec.  11.  Minnesota Statutes 1988, section 611A.53, 
subdivision 2, is amended to read:  
    Subd. 2.  No reparations shall be awarded to a claimant 
otherwise eligible if:  
    (a) the crime was not reported to the police within five 
days of its occurrence or, if it could not reasonably have been 
reported within that period, within five days of the time when a 
report could reasonably have been made.  A victim of criminal 
sexual conduct in the first, second, third, or fourth degree who 
does not report the crime within five days of its occurrence is 
deemed to have been unable to have reported it within that 
period; 
    (b) the victim or claimant failed or refused to cooperate 
fully with the police and other law enforcement officials; 
    (c) the victim or claimant was the offender or an 
accomplice of the offender or an award to the claimant would 
unjustly benefit the offender or an accomplice; 
    (d) the victim or claimant was in the act of committing a 
crime at the time the injury occurred; 
    (e) no claim was filed with the board within one year of 
victim's injury or death; except that (1) if the claimant was 
unable to file a claim within that period, then the claim can be 
made within one year of the time when a claim could have been 
filed; and (2) if the victim's injury or death was not 
reasonably discoverable within one year of the injury or death, 
then the claim can be made within one year of the time when the 
injury or death is reasonably discoverable.  The following 
circumstances do not render a claimant unable to file a claim 
for the purposes of this clause:  (1) lack of knowledge of the 
existence of the Minnesota crime victims reparations act, (2) 
the failure of a law enforcement agency to provide information 
or assistance to a potential claimant under section 611A.66, (3) 
the incompetency of the claimant if the claimant's affairs were 
being managed during that period by a guardian, guardian ad 
litem, conservator, authorized agent, or parent, or (4) the fact 
that the claimant is not of the age of majority; or 
    (f) the claim is less than $100 $50.  
    The limitations contained in clauses (a) and (e) do not 
apply to victims of domestic child abuse as defined in section 
260.015, subdivision 24.  In those cases the one year limitation 
period commences running with the report of the crime to the 
police; provided that no claim as a result of loss due to 
domestic child abuse may be paid when the claimant is 19 21 
years of age or older at the time the claim is filed.  
    Sec.  12.  Minnesota Statutes 1988, section 611A.57, 
subdivision 6, is amended to read: 
    Subd. 6.  Claims for reparations and supporting documents 
and reports are investigative data and subject to the provisions 
of section 13.39 until the claim is paid, denied, withdrawn, or 
abandoned.  Following the payment, denial, withdrawal, or 
abandonment of a claim, the claim and supporting documents and 
reports are private data on individuals as defined in section 
13.02, subdivision 12; provided that the board may forward any 
reparations claim forms, supporting documents, and reports to 
local law enforcement authorities for purposes of implementing 
section 611A.67. 
    Sec.  13.  Minnesota Statutes 1989 Supplement, section 
629.73, is amended to read:  
    629.73 [NOTICE TO SEXUAL ASSAULT VICTIM REGARDING RELEASE 
OF ARRESTED OR DETAINED PERSON.] 
    Subdivision 1.  [ORAL NOTICE.] When a person arrested or a 
juvenile detained for criminal sexual conduct or attempted 
criminal sexual conduct is about to be released from pretrial 
detention, the agency having custody of the arrested or detained 
person or its designee shall make a reasonable and good faith 
effort before release to inform orally the victim or, if the 
victim is incapacitated, the same or next of kin, or if the 
victim is a minor, the victim's parent or guardian of the 
following matters:  
    (1) the conditions of release, if any; 
    (2) the time of release; 
    (3) the time, date, and place of the next scheduled court 
appearance of the arrested or detained person and, where 
applicable, the victim's right to be present at the court 
appearance; and 
    (4) the location and telephone number of the area sexual 
assault program as designated by the commissioner of corrections.
    Subd. 2.  [WRITTEN NOTICE.] As soon as practicable after 
the arrested or detained person is released, the agency having 
custody of the arrested or detained person or its designee must 
personally deliver or mail to the alleged victim written notice 
of the information contained in subdivision 1, clauses (2) and 
(3). 
     Sec. 14.  [EFFECTIVE DATE.] 
    Sections 10 to 12 are effective June 30, 1990. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:37 p.m.