Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 272-H.F.No. 695 
           An act relating to domestic violence; battered women; 
          modifying provisions dealing with orders for 
          protection and domestic assaults; clarifying and 
          expanding the role of the battered women's advisory 
          council; updating and correcting certain statutory 
          provisions; creating a sexual assault advisory council 
          and a general crime victims advisory council; 
          clarifying the commissioner of human services' 
          authority to adopt rules governing general assistance 
          payments on behalf of persons receiving services from 
          battered women's shelters; imposing penalties; 
          amending Minnesota Statutes 1990, sections 256D.04; 
          518B.01, subdivisions 4, 6, and 14, and by adding a 
          subdivision; 609.135, subdivision 2; 611A.31, 
          subdivision 2; 611A.32, subdivisions 1 and 2; 611A.33; 
          611A.34; 611A.35; 611A.36, subdivision 1; and 629.72, 
          subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapter 611A; repealing Minnesota 
          Statutes 1990, section 611A.32, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 256D.04, is 
amended to read: 
    256D.04 [DUTIES OF THE COMMISSIONER.] 
    In addition to any other duties imposed by law, the 
commissioner shall: 
    (1) Supervise according to section 256.01 the 
administration of general assistance and general assistance 
medical care by county agencies as provided in sections 256D.01 
to 256D.21; 
    (2) Promulgate uniform rules consistent with law for 
carrying out and enforcing the provisions of sections 256D.01 to 
256D.21, including section 256D.05, subdivision 3, and section 
256.01, subdivision 2, paragraph (16), to the end that general 
assistance may be administered as uniformly as possible 
throughout the state; rules shall be furnished immediately to 
all county agencies and other interested persons; in 
promulgating rules, the provisions of sections 14.001 to 14.69, 
shall apply; 
    (3) Allocate money appropriated for general assistance and 
general assistance medical care to county agencies as provided 
in section 256D.03, subdivisions 2 and 3; 
    (4) Accept and supervise the disbursement of any funds that 
may be provided by the federal government or from other sources 
for use in this state for general assistance and general 
assistance medical care; 
     (5) Cooperate with other agencies including any agency of 
the United States or of another state in all matters concerning 
the powers and duties of the commissioner under sections 256D.01 
to 256D.21; 
     (6) Cooperate to the fullest extent with other public 
agencies empowered by law to provide vocational training, 
rehabilitation, or similar services; 
     (7) Gather and study current information and report at 
least annually to the governor and legislature on the nature and 
need for general assistance and general assistance medical care, 
the amounts expended under the supervision of each county 
agency, and the activities of each county agency and publish 
such reports for the information of the public; and 
    (8) Specify requirements for general assistance and general 
assistance medical care reports, including fiscal reports, 
according to section 256.01, subdivision 2, paragraph (17). 
    Sec. 2.  Minnesota Statutes 1990, section 518B.01, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [FILING FEE.] The filing fees for an order for 
protection under this section are waived for the petitioner.  
The court shall also direct payment of the reasonable costs of 
service of process in the manner provided in section 563.01, 
whether served by a sheriff, private process server, or by 
publication.  The court may direct a respondent to pay to the 
court administrator the petitioner's filing fees and reasonable 
costs of service of process if the court determines that the 
respondent has the ability to pay the petitioner's fees and 
costs. 
    Sec. 3.  Minnesota Statutes 1990, section 518B.01, 
subdivision 4, is amended to read: 
    Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
action known as a petition for an order for protection in cases 
of domestic abuse.  
    (a) A petition for relief under this section may be made by 
any family or household member personally or on behalf of minor 
family or household members.  
    (b) A petition for relief shall allege the existence of 
domestic abuse, and shall be accompanied by an affidavit made 
under oath stating the specific facts and circumstances from 
which relief is sought.  
    (c) A petition for relief may be made regardless of must 
state whether or not there is an existing order for protection 
in effect under this chapter governing both the parties and 
whether there is a pending lawsuit, complaint, petition or other 
action between the parties under chapter 257, 518, 518A, 518B, 
or 518C.  The clerk of court shall verify the terms of any 
existing order governing the parties.  The court may not delay 
granting relief because of the existence of a pending action 
between the parties or the necessity of verifying the terms of 
an existing order.  A subsequent order in a separate action 
under this chapter may modify only the provision of an existing 
order that grants relief authorized under subdivision 6, 
paragraph (a), clause (1).  A petition for relief may be 
granted, regardless of whether there is a pending action between 
the parties.  
    (d) The court shall provide simplified forms and clerical 
assistance to help with the writing and filing of a petition 
under this section.  
    (e) The court shall advise a petitioner under clause (d) of 
the right to file a motion and affidavit and to sue in forma 
pauperis pursuant to section 563.01 and shall assist with the 
writing and filing of the motion and affidavit.  
    (f) The court shall advise a petitioner under clause (d) of 
the right to serve the respondent by published notice under 
subdivision 5, paragraph (b), if the respondent is avoiding 
personal service by concealment or otherwise, and shall assist 
with the writing and filing of the affidavit. 
    Sec. 4.  Minnesota Statutes 1990, section 518B.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
hearing, the court may provide relief as follows: 
     (1) restrain the abusing party from committing acts of 
domestic abuse; 
     (2) exclude the abusing party from the dwelling which the 
parties share or from the residence of the petitioner; 
     (3) award temporary custody or establish temporary 
visitation with regard to minor children of the parties on a 
basis which gives primary consideration to the safety of the 
victim and the children.  If the court finds that the safety of 
the victim or the children will be jeopardized by unsupervised 
or unrestricted visitation, the court shall condition or 
restrict visitation as to time, place, duration, or supervision, 
or deny visitation entirely, as needed to guard the safety of 
the victim and the children.  The court's deliberation under 
this subdivision shall in no way delay the issuance of an order 
for protection granting other reliefs provided for in Laws 1985, 
chapter 195; 
     (4) on the same basis as is provided in chapter 518, 
establish temporary support for minor children or a spouse, and 
order the withholding of support from the income of the person 
obligated to pay the support according to chapter 518; 
     (5) provide upon request of the petitioner counseling or 
other social services for the parties, if married, or if there 
are minor children; 
     (6) order the abusing party to participate in treatment or 
counseling services; 
     (7) award temporary use and possession of property and 
restrain one or both parties from transferring, encumbering, 
concealing, or disposing of property except in the usual course 
of business or for the necessities of life, and to account to 
the court for all such transfers, encumbrances, dispositions, 
and expenditures made after the order is served or communicated 
to the party restrained in open court; 
     (8) exclude the abusing party from the place of employment 
of the petitioner, or otherwise limit access to the petitioner 
by the abusing party at the petitioner's place of employment; 
and 
     (9) order, in its discretion, other relief as it deems 
necessary for the protection of a family or household member, 
including orders or directives to the sheriff or constable, as 
provided by this section. 
     (b) Any relief granted by the order for protection shall be 
for a fixed period not to exceed one year, except when the court 
determines a longer fixed period is appropriate.  
     (c) An order granting the relief authorized in paragraph 
(a), clause (1), may not be vacated or modified in a proceeding 
for dissolution of marriage or legal separation, except that the 
court may hear a motion for modification of an order for 
protection concurrently with a proceeding for dissolution of 
marriage upon notice of motion and motion.  The notice required 
by court rule shall not be waived.  If the proceedings are 
consolidated and the motion to modify is granted, a separate 
order for modification of an order for protection shall be 
issued. 
    (d) An order granting the relief authorized in paragraph 
(a), clause (2), is not voided by the admittance of the abusing 
party into the dwelling from which the abusing party is excluded.
    (e) If a proceeding for dissolution of marriage or legal 
separation is pending between the parties, the court shall 
provide a copy of the order for protection to the court with 
jurisdiction over the dissolution or separation proceeding for 
inclusion in its file. 
    Sec. 5.  Minnesota Statutes 1990, section 518B.01, 
subdivision 14, is amended to read: 
    Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
Whenever an order for protection is granted pursuant to this 
section, and the respondent or person to be restrained knows of 
the order, violation of the order for protection is a 
misdemeanor.  A person who violates this paragraph within two 
years after a previous conviction under this paragraph is guilty 
of a gross misdemeanor.  When a court sentences a person 
convicted of a gross misdemeanor and does not impose a period of 
incarceration, the court shall make findings on the record 
regarding the reasons for not requiring incarceration. 
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order granted pursuant to this 
section restraining the person or excluding the person from the 
residence or the petitioner's place of employment, even if the 
violation of the order did not take place in the presence of the 
peace officer, if the existence of the order can be verified by 
the officer.  A peace officer acting in good faith and 
exercising due care in making an arrest pursuant to this 
paragraph is immune from civil liability that might result from 
the officer's actions. 
    (c) A violation of an order for protection shall also 
constitute contempt of court and be subject to the penalties 
therefor.  
    (d) If the court finds that the respondent has violated an 
order for protection and that there is reason to believe that 
the respondent will commit a further violation of the provisions 
of the order restraining the respondent from committing acts of 
domestic abuse or excluding the respondent from the petitioner's 
residence, the court may require the respondent to acknowledge 
an obligation to comply with the order on the record.  The court 
may require a bond sufficient to deter the respondent from 
committing further violations of the order for protection, 
considering the financial resources of the respondent, and not 
to exceed $10,000.  If the respondent refuses to comply with an 
order to acknowledge the obligation or post a bond under this 
paragraph, the court shall commit the respondent to the county 
jail during the term of the order for protection or until the 
respondent complies with the order under this paragraph.  The 
warrant must state the cause of commitment, with the sum and 
time for which any bond is required.  If an order is issued 
under this paragraph, the court may order the costs of the 
contempt action, or any part of them, to be paid by the 
respondent.  An order under this paragraph is appealable.  
    (e) Upon the filing of an affidavit by the petitioner or, 
any peace officer, or an interested party designated by the 
court, alleging that the respondent has violated any order for 
protection granted pursuant to this section, the court may issue 
an order to the respondent, requiring the respondent to appear 
and show cause within 14 days why the respondent should not be 
found in contempt of court and punished therefor.  The hearing 
may be held by the court in any county in which the petitioner 
or respondent temporarily or permanently resides at the time of 
the alleged violation.  The court also may refer the violation 
of the order for protection to the appropriate prosecuting 
authority for possible prosecution under paragraph (a). 
    (f) If it is alleged that the respondent has violated an 
order for protection issued under subdivision 6 and the court 
finds that the order has expired between the time of the alleged 
violation and the court's hearing on the violation, the court 
may grant a new order for protection under subdivision 6 based 
solely on the respondent's alleged violation of the prior order, 
to be effective until the hearing on the alleged violation of 
the prior order.  If the court finds that the respondent has 
violated the prior order, the relief granted in the new order 
for protection shall be extended for a fixed period, not to 
exceed one year. 
    (g) The admittance into petitioner's dwelling of an abusing 
party excluded from the dwelling under an order for protection 
is not a violation by the petitioner of the order for protection.
     A peace officer is not liable under section 609.43, clause 
(1), for a failure to perform a duty required by clause (b).  
    Sec. 6.  Minnesota Statutes 1990, section 609.135, 
subdivision 2, is amended to read: 
    Subd. 2.  (1) If the conviction is for a felony the stay 
shall be for not more than three years or the maximum period for 
which the sentence of imprisonment might have been imposed, 
whichever is longer. 
    (2) If the conviction is for a gross misdemeanor the stay 
shall be for not more than two years. 
    (3) If the conviction is for a any misdemeanor under 
section 169.121 or for a misdemeanor under section 609.224, 
subdivision 1, in which the victim of the crime was a family or 
household member as defined in section 518B.01, the stay shall 
be for not more than two years.  The court shall provide for 
unsupervised probation for the second year of the stay unless 
the court finds that the defendant needs supervised probation 
for all or part of the second year. 
    (4) If the conviction is for a misdemeanor not specified in 
clause (3), the stay shall be for not more than one year.  
    (5) The defendant shall be discharged when the stay 
expires, unless the stay has been revoked or the defendant has 
already been discharged. 
    Sec. 7.  [611A.25] [SEXUAL ASSAULT ADVISORY COUNCIL.] 
    Subdivision 1.  [CREATION.] The commissioner of corrections 
shall appoint a 12 member advisory council on sexual assault to 
advise the commissioner on the implementation and continued 
operation of sections 611A.21 to 611A.23.  The sexual assault 
advisory council shall also serve as a liaison between the 
commissioner and organizations that provide services to victims 
of sexual assault, and as an advocate within the department of 
corrections for the rights of sexual assault victims. 
    Subd. 2.  [MEMBERSHIP.] No more than six of the members of 
the sexual assault advisory council may be representatives of 
community or governmental organizations that provide services to 
sexual assault victims.  One-half of the council's members shall 
reside in the metropolitan area, composed of Hennepin, Ramsey, 
Anoka, Dakota, Scott, Washington, and Carver counties, and 
one-half of the members shall reside in the nonmetropolitan 
area.  To the extent possible, nonmetropolitan members must be 
representative of all nonmetropolitan regions of the state. 
    Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
governs the filling of vacancies and removal of members of the 
sexual assault advisory council.  The terms of the members of 
the advisory council shall be two years.  No member may serve on 
the advisory council for more than two consecutive terms.  
Council members shall not receive per diem or expense 
reimbursement.  
    Subd. 4.  [REPORT TO LEGISLATURE.] On or before August 1, 
1992, the sexual assault advisory council, in consultation with 
the commissioner and the Minnesota coalition of sexual assault 
services, shall file a written report with the legislature, 
containing recommendations on the following matters: 
    (1) the scope of the commissioner's authority regarding the 
administration of grants for sexual assault services; 
    (2) the membership and duties of the sexual assault 
advisory council; 
    (3) criteria for funding programs for services for sexual 
assault victims; 
    (4) the appointment of a sexual assault program director; 
and 
    (5) other matters agreed to by the commissioner, the sexual 
assault advisory council, and the Minnesota coalition of sexual 
assault services. 
    Sec. 8.  Minnesota Statutes 1990, section 611A.31, 
subdivision 2, is amended to read: 
    Subd. 2.  "Battered woman" means a woman who is being or 
has been assaulted by her spouse, other male relative, or by a 
male with whom she is residing or has resided in the 
past victimized by domestic abuse as defined in section 518B.01, 
subdivision 2, except that "family or household members" 
includes persons with whom the woman has had a continuing 
relationship. 
    Sec. 9.  Minnesota Statutes 1990, section 611A.32, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROGRAMS DESIGNATED GRANTS AWARDED.] The 
commissioner shall designate four or more pilot award grants to 
programs to which provide emergency shelter services and support 
services to battered women and shall award grants to the pilot 
programs. At least two pilot programs shall be designated in the 
metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 
Scott, Washington and Carver counties.  At least one pilot 
program shall be designated in a city located outside of the 
metropolitan area, and at least one pilot program shall be 
designated in a location accessible to a predominately rural 
population their children.  The commissioner shall also award 
grants for training, technical assistance, and for the 
development and implementation of education programs to increase 
public awareness of the causes of battering, the solutions to 
preventing and ending domestic violence, and the problems faced 
by battered women.  Grants shall be awarded in a manner that 
ensures that they are equitably distributed to programs serving 
metropolitan and nonmetropolitan populations.  
    Sec. 10.  Minnesota Statutes 1990, section 611A.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
agency may apply to the commissioner for designation as a pilot 
program a grant to provide emergency shelter services and, 
support services, or both, to battered women and their children. 
The application shall be submitted in a form approved by the 
commissioner by rule adopted under chapter 14, after 
consultation with the advisory council, and shall include: 
    (a) (1) a proposal for the provision of emergency shelter 
services and, support services, or both, for battered women and 
their children; 
    (b) (2) a proposed budget; 
    (c) (3) evidence of the integration of an ability to 
integrate into the proposed program the uniform method of data 
collection and program evaluation established by the director 
pursuant to section under sections 611A.33 into the proposed 
program and 611A.34; 
    (d) (4) evidence of the participation of the an ability to 
represent the interests of battered women and their children to 
local law enforcement agencies and courts, county welfare 
agencies, and local boards or departments of health, and other 
interested agencies or groups in the development of the 
application; and 
    (e) (5) evidence of an ability to do outreach to unserved 
and underserved populations and to provide culturally and 
linguistically appropriate services; and 
    (6) any other content the commissioner may, require by rule 
adopted under chapter 14, require after considering the 
recommendations of the advisory council. 
    Programs which have been approved for grants in prior years 
may submit materials which indicate changes in items listed in 
clauses (1) to (6), in order to qualify for renewal funding.  
Nothing in this subdivision may be construed to require programs 
to submit complete applications for each year of renewal funding.
    Sec. 11.  Minnesota Statutes 1990, section 611A.33, is 
amended to read: 
    611A.33 [DUTIES OF COMMISSIONER.] 
    The commissioner shall: 
    (a) (1) Review applications for designation as and award 
grants to a pilot program, and designate four or more pilot 
programs pursuant to section 611A.32, subdivision 1, after 
considering the recommendation of the advisory council; 
    (b) Review applications from and award grants to public or 
private nonprofit agencies which submit proposals to develop and 
implement education programs pursuant to section 611A.32, 
subdivision 4; 
    (c) (2) Appoint the members of the advisory task 
force council created under section 611A.34, and 
provide consultative staff and other administrative services to 
the advisory task force council; 
    (d) (3) After considering the recommendation of the 
advisory council, appoint a project coordinator program director 
to perform the duties set forth in section 611A.35; 
    (e) (4) Design and implement a uniform method of collecting 
and evaluating data on battered women and of evaluating to be 
used to evaluate the programs funded under section 611A.32; 
    (f) (5) Provide technical aid to applicants in the design 
and implementation of the programs funded under section 
611A.32 development of grant requests and provide technical aid 
to programs in meeting the data collection requirements 
established by the commissioner; and 
    (g) Promulgate (6) Adopt, under chapter 14, all rules 
necessary to implement the provisions of sections 611A.31 to 
611A.36 and 256D.05, subdivision 3, including emergency rules; 
and 
    (h) Report to the legislature on January 1, 1978, January 
1, 1979, and November 15, 1979, on the programs funded under 
section 611A.32 and report to the legislature by January 1, 1979 
on the feasibility of creating similar programs for men. 
    Sec. 12.  Minnesota Statutes 1990, section 611A.34, is 
amended to read: 
    611A.34 [ADVISORY COUNCIL.] 
    Subdivision 1.  [CREATION GENERALLY.] Within 60 days after 
June 3, 1977, The commissioner shall appoint a nine 12 member 
advisory council to advise the commissioner on the 
implementation and continued operation of sections 611A.31 to 
611A.36.  The provisions of battered women's advisory council 
shall also serve as a liaison between the commissioner and 
organizations that provide services to battered women.  Section 
15.059 shall govern governs the terms, filling of vacancies and 
removal of members, and expiration of the advisory council.  The 
terms of the members of the advisory council shall be two 
years.  No member may serve on the advisory council for more 
than two consecutive terms.  Notwithstanding section 15.059, the 
council shall not expire.  Council members shall not receive per 
diem, but shall receive expenses in the same manner and amount 
as state employees.  
    Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
knowledgeable in the fields of health, law enforcement, social 
services or the law.  Five members of the advisory council shall 
be representatives of community or governmental organizations 
which provide services to battered women, and four members of 
the advisory council shall be public members. about and have 
experience or interest in issues concerning battered women, 
including the need for effective advocacy services.  The 
membership of the council shall broadly represent the interests 
of battered women in Minnesota.  No more than six of the members 
of the battered women's advisory council may be representatives 
of community or governmental organizations that provide services 
to battered women.  One-half of the council's members shall 
reside in the metropolitan area, composed of Hennepin, Ramsey, 
Anoka, Dakota, Scott, Washington, and Carver counties, and 
one-half of the members shall reside in the nonmetropolitan 
area.  To the extent possible, nonmetropolitan members must be 
representative of all nonmetropolitan regions of the state. 
    Subd. 3.  [DUTIES.] The advisory council shall: 
    (a) (1) advise the commissioner on all planning, 
development, data collection, rulemaking, funding, and 
evaluation of programs and services for battered women that are 
funded under section 611A.32, other than matters of a purely 
administrative nature; 
    (2) advise the commissioner on the adoption of rules under 
chapter 14 governing the award of grants to ensure that funded 
programs are consistent with section 611A.32, subdivision 1; 
    (3) recommend to the commissioner the names of five 
applicants for the position of project coordinator battered 
women's program director; 
    (b) (4) advise the commissioner on the rules promulgated 
adopted under chapter 14 pursuant to section 611A.33; 
    (c) (5) review and comment on applications received by the 
commissioner for designation as a pilot program and applications 
for education grants under section 611A.32 and make 
recommendations on the awarding of grants; and 
    (d) (6) advise the project coordinator program director in 
the performance of duties in the administration and coordination 
of the programs funded under section 611A.32. 
    Subd. 4.  [CONFLICTS OF INTEREST.] A member of the advisory 
council shall be excluded from participating in review and 
recommendations concerning a grant application if the member: 
    (1) serves or has served at any time during the past three 
years as an employee, volunteer, or governing board member of an 
organization whose application is being reviewed; or 
    (2) has a financial interest in the funding of the 
applicant organization. 
    Sec. 13.  [611A.345] [ADVISORY COUNCIL RECOMMENDATIONS.] 
    The commissioner shall consider the advisory council's 
recommendations before awarding grants or adopting policies 
regarding the planning, development, data collection, 
rulemaking, funding or evaluation of programs and services for 
battered women funded under section 611A.32.  Before taking 
action on matters related to programs and services for battered 
women and their children, except day-to-day administrative 
operations, the commissioner shall notify the advisory council 
of the intended action.  Notification of grant award decisions 
shall be given to the advisory council in time to allow the 
council to request reconsideration.  
    Sec. 14.  Minnesota Statutes 1990, section 611A.35, is 
amended to read: 
    611A.35 [PROJECT COORDINATOR BATTERED WOMEN'S PROGRAM 
DIRECTOR.] 
    The commissioner shall appoint a project coordinator 
program director.  In appointing the project coordinator program 
director the commissioner shall give due consideration to the 
list of applicants submitted to the commissioner by the advisory 
task force pursuant to section 611A.34, subdivision 3, 
clause (a) (3).  The project coordinator program director shall 
administer the funds appropriated for sections 611A.31 to 
611A.36 and 256D.05, subdivision 3, coordinate the programs 
funded under section 611A.32, consult with and provide staff to 
the advisory council, and perform other duties related to 
battered women's programs as the commissioner may assign.  
The project coordinator program director shall serve at the 
pleasure of the commissioner in the unclassified service. 
    Sec. 15.  Minnesota Statutes 1990, section 611A.36, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
by rule adopted under chapter 14, after considering the 
recommendations of the advisory council, prescribe a uniform 
form and method for the collection of data on battered women.  
The method and form of data collection shall be designed to 
document the incidence of assault on battered women by their 
spouses, male relatives or other males with whom they are 
residing or have resided in the past as defined in section 
611A.31, subdivision 2.  All data collected by the commissioner 
pursuant to this section shall be summary data within the 
meaning of section 13.02, subdivision 19. 
    Sec. 16.  [611A.361] [GENERAL CRIME VICTIMS ADVISORY 
COUNCIL.] 
    Subdivision 1.  [CREATION.] The commissioner of corrections 
shall appoint a 12 member advisory council on general crime 
victims to advise the commissioner on the implementation and 
continued operation of chapter 611A with respect to victims of 
crimes other than sexual assault and domestic abuse.  The 
general crime victims advisory council shall also serve as a 
liaison between the commissioner and organizations that provide 
services to victims of crime, and as an advocate within the 
department of corrections for the rights of general crime 
victims. 
    Subd. 2.  [MEMBERSHIP.] No more than six of the members of 
the general crime victims advisory council may be 
representatives of community or governmental organizations that 
provide services to crime victims.  One-half of the council's 
members shall reside in the metropolitan area, composed of 
Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver 
counties, and one-half of the members shall reside in the 
nonmetropolitan area.  To the extent possible, nonmetropolitan 
members must be representative of all nonmetropolitan regions of 
the state. 
    Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
governs the filling of vacancies and removal of members of the 
general crime victims advisory council.  The terms of the 
members of the advisory council shall be two years.  No member 
may serve on the advisory council for more than two consecutive 
terms.  Council members shall not receive per diem or expense 
reimbursement.  
    Subd. 4.  [REPORT TO LEGISLATURE.] On or before August 1, 
1992, the general crime victims advisory council, in 
consultation with the commissioner, shall file a written report 
with the legislature, containing recommendations on the 
following matters: 
    (1) the scope of the commissioner's authority regarding the 
administration of grants for general crime victims services; 
    (2) the membership and duties of the general crime victims 
advisory council; 
    (3) criteria for funding programs for services for general 
crime victims; 
    (4) the appointment of a general crime victims program 
director; and 
    (5) other matters agreed to by the commissioner, and the 
general crime victims advisory council. 
    Sec. 17.  Minnesota Statutes 1990, section 629.72, 
subdivision 2, is amended to read: 
    Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
before whom the arrested person is brought shall review the 
facts surrounding the arrest and detention.  The arrested person 
must be ordered released pending trial or hearing on the 
person's personal recognizance or on an order to appear or upon 
the execution of an unsecured bond in a specified amount unless 
the judge determines that release (1) will be inimical to public 
safety, (2) will create a threat of bodily harm to the arrested 
person, the victim of the alleged assault, or another, or (3) 
will not reasonably assure the appearance of the arrested person 
at subsequent proceedings.  
    (b) If the judge determines release is not advisable, the 
judge may impose any conditions of release that will reasonably 
assure the appearance of the person for subsequent proceedings, 
or will protect the victim of the alleged assault, or may fix 
the amount of money bail without other conditions upon which the 
arrested person may obtain release.  If conditions of release 
are imposed, the judge shall issue a written order for 
conditional release.  The court administrator shall immediately 
distribute a copy of the order for conditional release to the 
agency having custody of the arrested person and shall provide 
the agency having custody of the arrested person with any 
available information on the location of the victim in a manner 
that protects the victim's safety.  Either the court or its 
designee or the agency having custody of the arrested person 
shall serve upon the defendant a copy of the order.  Failure to 
serve the arrested person with a copy of the order for 
conditional release does not invalidate the conditions of 
release. 
    (c) If the judge imposes as a condition of release a 
requirement that the person have no contact with the victim of 
the alleged assault, the judge may also, on its own motion or 
that of the prosecutor or on request of the victim, issue an ex 
parte temporary order for protection under section 518B.01, 
subdivision 7.  Notwithstanding section 518B.01, subdivision 7, 
paragraph (b), the temporary order is effective until the 
defendant is convicted or acquitted, or the charge is dismissed, 
provided that upon request the defendant is entitled to a full 
hearing on the order for protection under section 518B.01.  The 
hearing must be held within seven days of the defendant's 
request. 
    Sec. 18.  [TRANSITION.] 
    (a) Notwithstanding Minnesota Statutes, section 611A.34, 
until the first Monday in January 1992, the battered women's 
advisory council consists of the members serving as delegates or 
alternates on the council on January 1, 1991. 
    (b) Notwithstanding any law to the contrary, the terms of 
all members serving on the council before the first Monday in 
January 1992, expire on the first Monday in January 1992.  Of 
the members appointed to terms beginning in January 1992, six 
shall be appointed to one-year terms and six shall be appointed 
to two-year terms. 
    (c) The limit on consecutive terms in Minnesota Statutes, 
section 611A.34, applies to members serving on the council on 
and after the effective date of section 611A.34, but does not 
operate to remove a person from the council before the 
expiration of the person's term. 
     Sec. 19.  [INITIAL APPOINTMENTS.] 
    The commissioner of corrections shall make the appointments 
required by sections 7 and 16 within 60 days after the effective 
date of those sections. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1990, section 611A.32, subdivision 4, is 
repealed.  Sections 7, subdivision 4; and 16, subdivision 4, are 
repealed effective August 1, 1992. 
    Sec. 21.  [EFFECTIVE DATE.] 
    Sections 5 and 6 are effective August 1, 1991, and apply to 
crimes committed on or after that date. 
    Presented to the governor May 29, 1991 
    Signed by the governor June 1, 1991, 3:42 p.m.