Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 170-H.F.No. 716 
           An act relating to crime victims; requiring victims to 
          be notified of offender's escape; requiring 
          notification to victim of final disposition of case; 
          waiving fees necessary to obtain a temporary 
          restraining order for harassment if petitioner is 
          indigent; modifying appointment of legislative members 
          of the crime victim and witness advisory council; 
          amending Minnesota Statutes 1990, sections 609.748, 
          subdivisions 3 and 4; 611A.02, subdivision 2; 611A.06; 
          and 611A.71, subdivision 2; 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 1990, section 609.748, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF PETITION.] A petition for relief 
must allege facts sufficient to show the following:  
    (1) the name of the alleged harassment victim; 
    (2) the name of the respondent; and 
    (3) that the respondent has engaged in harassment. 
The petition shall be accompanied by an affidavit made under 
oath stating the specific facts and circumstances from which 
relief is sought.  The court shall provide simplified forms and 
clerical assistance to help with the writing and filing of a 
petition under this section and shall advise the petitioner of 
the right to sue in forma pauperis under section 563.01. 
    Sec. 2.  Minnesota Statutes 1990, section 609.748, 
subdivision 4, is amended to read: 
    Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
issue a temporary restraining order ordering the respondent to 
cease or avoid the harassment of another person or to have no 
contact with that person if the petitioner files a petition in 
compliance with subdivision 3 and if the court finds reasonable 
grounds to believe that the respondent has engaged in harassment.
    (b) Notice need not be given to the respondent before the 
court issues a temporary restraining order under this 
subdivision.  A temporary restraining order may be entered only 
against the respondent named in the petition.  
    (c) The temporary restraining order is in effect until a 
hearing is held on the issuance of a restraining order under 
subdivision 5.  The court shall hold the hearing on the issuance 
of a restraining order within seven 14 days after the temporary 
restraining order is issued unless (1) the time period is 
extended upon written consent of the parties; or (2) the time 
period is extended by the court for one additional seven-day 
14-day period upon a showing that the respondent has not been 
served with a copy of the temporary restraining order despite 
the exercise of due diligence.  
    Sec. 3.  Minnesota Statutes 1990, section 611A.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [VICTIMS' RIGHTS.] (a) The commissioner of public 
safety, in consultation with the crime victim and witness 
advisory council, must develop a notice of the rights of crime 
victims.  The notice must include a form for the preparation of 
a preliminary written victim impact summary.  A preliminary 
victim impact summary is a concise statement of the immediate 
and expected damage to the victim as a result of the crime.  A 
victim desiring to file a preliminary victim impact summary must 
file the summary with the investigating officer no more than 
five days after the victim receives the notice from a peace 
officer.  If a preliminary victim impact statement is filed with 
the investigating officer, it must be sent to the prosecutor 
with other investigative materials.  If a prosecutor has 
received a preliminary victim impact summary, the prosecutor 
must present the summary to the court.  This subdivision does 
not relieve a probation officer of the notice requirements 
imposed by section 609.115, subdivision 1c. 
    (b) The notice of the rights of crime victims must be 
distributed by a peace officer to each victim, as defined in 
section 611A.01, when the peace officer takes a formal statement 
from the victim.  A peace officer is not obligated to distribute 
the notice if a victim does not make a formal statement.  The 
notice must inform a victim of: 
    (1) the victim's right to request restitution under section 
611A.04; 
    (2) the victim's right to be notified of any plea 
negotiations under section 611A.03; and 
    (3) the victim's right to be present at sentencing, and to 
object orally or in writing to a proposed agreement or 
disposition; and 
    (4) the victim's right to be notified of the final 
disposition of the case. 
    Sec. 4.  [611A.039] [RIGHT TO NOTICE OF FINAL DISPOSITION 
OF CRIMINAL CASE.] 
    Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
provided in subdivision 2, within 15 working days after a 
conviction, acquittal, or dismissal in a criminal case in which 
there is an identifiable crime victim, the prosecutor shall make 
reasonable good faith efforts to provide to each affected crime 
victim oral or written notice of the final disposition of the 
case. 
    Subd. 2.  [EXCEPTION.] If a prosecutor contacts an 
identifiable crime victim in advance of the final case 
disposition, either orally or in writing, and notifies the 
victim of the victim's right to request information on the final 
disposition of the case, the prosecutor shall only be required 
to provide the notice described in subdivision 1 to those 
victims who have indicated in advance their desire to be 
notified of the final case disposition. 
    Sec. 5.  Minnesota Statutes 1990, section 611A.06, is 
amended to read: 
    611A.06 [RIGHT TO NOTICE OF RELEASE.] 
    Subdivision 1.  [NOTICE OF RELEASE REQUIRED.] 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; or transferred from one correctional facility to 
another when the correctional program involves less 
security, 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 good faith effort to notify the victim must occur 
prior to the release, transfer, or change in security status.  
For a victim of a felony crime against the person for which the 
offender was sentenced to a term of imprisonment of more than 18 
months, the good faith effort to notify the victim must occur 60 
days before the offender's release, transfer, or change in 
security status.  
    Subd. 2.  [CONTENTS OF 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.  
    Subd. 3.  [NOTICE OF ESCAPE.] If an offender escapes from 
imprisonment or incarceration, including from release on 
extended furlough or work release, or from any facility 
described in subdivision 1, the commissioner or other custodial 
authority shall make all reasonable efforts to notify a victim 
who has requested notice of the offender's release under 
subdivision 1 within six hours after discovering the escape and 
shall also make reasonable efforts to notify the victim within 
24 hours after the offender is apprehended. 
    Subd. 4.  [PRIVATE DATA.] 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.  
    Subd. 5.  [DEFINITION.] As used in this section, "crime 
against the person" means a crime listed in section 611A.031. 
    Sec. 6.  Minnesota Statutes 1990, section 611A.71, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP.] (a) The crime victim and witness 
advisory council shall consist of the following members, 
appointed by the commissioner of public safety after consulting 
with the commissioner of corrections:  
    (1) two members of the Minnesota legislature who have 
demonstrated expertise and interest in crime victims issues, one 
from each house; 
    (2)  one district court judge appointed upon recommendation 
of the chief justice of the supreme court; 
    (3) (2) one county attorney appointed upon recommendation 
of the Minnesota county attorneys association; 
    (4) (3) one public defender appointed upon recommendation 
of the state public defender; 
    (5) (4) one peace officer; 
    (6) (5) one medical or osteopathic physician licensed to 
practice in this state; 
    (7) (6) five members who are crime victims or crime victim 
assistance representatives; and 
    (8) (7) three public members.  
    The appointments should take into account sex, race, and 
geographic distribution.  One of the nonlegislative members must 
be designated by the commissioner of public safety as chair of 
the council. 
    (b) Two members of the council shall be members of the 
legislature who have demonstrated expertise and interest in 
crime victims issues, one senator appointed under rules of the 
senate and one member of the house of representatives appointed 
under rules of the house of representatives. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Section 6 is effective for appointments occurring after 
January 1, 1993. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 3:27 p.m.