Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 571-H.F.No. 1849
An act relating to crime; antiviolence education,
prevention and treatment; increasing penalties for
repeat sex offenders; providing for life imprisonment
for certain repeat sex offenders; providing for life
imprisonment without parole for certain persons
convicted of first degree murder; increasing penalties
for other violent crimes and crimes committed against
children; increasing penalty for second degree assault
resulting in substantial bodily harm; removing the
limit on consecutive sentences for felonies;
increasing supervision of sex offenders; requiring
review of sex offenders for psychopathic personality
commitment before prison release; providing a fund for
sex offender treatment; eliminating the "good time"
reduction in prison sentences; allowing the extension
of prison terms for disciplinary violations in prison;
authorizing the commissioner of corrections to
establish a challenge incarceration program;
authorizing the imposition of fees for local
correctional services on offenders; requiring the
imposition of minimum fines on convicted offenders;
expanding certain crime victim rights; providing
programs for victim-offender mediation; enhancing
protection of domestic abuse victims; requiring city
and county attorneys to adopt a domestic abuse
prosecution plan; creating a civil cause of action for
minors used in a sexual performance; providing for a
variety of antiviolence education, prevention, and
treatment programs; requiring training of peace
officers regarding crimes of violence and sensitivity
to victims; creating an advisory task force on the
juvenile justice system; providing for chemical
dependency treatment for children, high-risk youth,
and pregnant women, and women with children; providing
for violence prevention training and campus safety and
security; appropriating money; amending Minnesota
Statutes 1990, sections 8.01; 121.882, by adding a
subdivision; 127.46; 135A.15; 169.791; 169.792;
169.793; 169.796; 171.07, subdivision 1a; 171.19;
241.021, by adding a subdivision; 241.67, subdivisions
1, 2, 3, 6, and by adding a subdivision; 242.195,
subdivision 1; 243.53; 244.01, subdivision 8; 244.03;
244.04, subdivisions 1 and 3; 244.05, subdivisions 1,
3, 4, 5, and by adding subdivisions; 245.4871, by
adding a subdivision; 253B.18, subdivision 2; 254A.14,
by adding a subdivision; 254A.17, subdivision 1, and
by adding a subdivision; 259.11; 260.125, subdivision
3a; 260.151, subdivision 1; 260.155, subdivision 1,
and by adding a subdivision; 260.161, subdivision 1,
and by adding a subdivision; 260.172, subdivision 1;
260.181, by adding a subdivision; 260.185,
subdivisions 1, 4, and by adding a subdivision;
260.311, by adding a subdivision; 270A.03, subdivision
5; 401.02, subdivision 4; 485.018, subdivision 5;
518B.01, subdivisions 7, 13, and by adding
subdivisions; 526.10; 546.27, subdivision 1; 595.02,
subdivision 4; 609.02, by adding a subdivision;
609.055; 609.10; 609.101, by adding a subdivision;
609.125; 609.135, subdivision 5, and by adding a
subdivision; 609.1351; 609.1352, subdivisions 1 and 5;
609.15, subdivision 2; 609.152, subdivisions 2 and 3;
609.184, subdivisions 1 and 2; 609.185; 609.19;
609.222; 609.2231, by adding a subdivision; 609.224,
subdivision 2; 609.322; 609.323; 609.342; 609.343;
609.344, subdivisions 1 and 3; 609.345, subdivisions 1
and 3; 609.346, subdivisions 2, 2a, and by adding
subdivisions; 609.3471; 609.378, subdivision 1;
609.746, subdivision 2; 609.748, subdivision 5;
611.271; 611A.03, subdivision 1; 611A.0311,
subdivisions 2 and 3; 611A.034; 611A.04, subdivisions
1 and 1a; 611A.52, subdivision 6; 624.7131,
subdivisions 1 and 6; 624.7132, subdivision 1;
624.714, subdivisions 3 and 7; 626.5531, subdivision
1; 626.843, subdivision 1; 626.8451; 626.8465,
subdivision 1; 629.72, by adding a subdivision;
630.36, subdivision 1, and by adding a subdivision;
and 631.035; Minnesota Statutes 1991 Supplement,
sections 8.15; 121.882, subdivision 2; 124A.29,
subdivision 1, as amended; 126.70, subdivisions 1, as
amended, and 2a; 168.041, subdivision 4; 169.795;
171.29, subdivision 1; 171.30, subdivision 1; 244.05,
subdivision 6; 244.12, subdivision 3; 245.484;
245.4884, subdivision 1; 260.161, subdivision 3;
299A.30; 299A.31, subdivision 1; 299A.32, subdivisions
2 and 2a; 299A.36; 357.021, subdivision 2; 481.10;
518B.01, subdivisions 3a, 4, 6, and 14; 609.101,
subdivision 1; 609.135, subdivision 2; 609.748,
subdivisions 3 and 4; and 611A.32, subdivision 1; Laws
1991, chapter 232, section 5; proposing coding for new
law in Minnesota Statutes, chapters 126; 145; 145A;
169; 241; 244; 256; 256F; 260; 299A; 299C; 480; 526;
609; 611A; 617; 624; and 629; repealing Minnesota
Statutes 1990, sections 65B.67; 65B.68; 65B.69; and
169.792, subdivision 9; Minnesota Statutes 1991
Supplement, section 168.041, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SEX OFFENDERS
Section 1. Minnesota Statutes 1990, section 241.67,
subdivision 3, is amended to read:
Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE
COMMISSIONER.] (a) The commissioner shall provide for a range of
sex offender treatment programs, including intensive sex
offender treatment programs, within the state adult correctional
facility system. Participation in any treatment program is
voluntary and is subject to the rules and regulations of the
department of corrections. Nothing in this section requires the
commissioner to accept or retain an offender in a treatment
program if the offender is determined by prison professionals as
unamenable to programming within the prison system or if the
offender refuses or fails to comply with the program's
requirements. Nothing in this section creates a right of an
offender to treatment.
(b) The commissioner shall provide for residential and
outpatient sex offender treatment programming and aftercare when
required for conditional release under section 609.1352 or as a
condition of supervised release.
Sec. 2. Minnesota Statutes 1990, section 241.67,
subdivision 6, is amended to read:
Subd. 6. [SPECIALIZED CORRECTIONS AGENTS AND PROBATION
OFFICERS; SEX OFFENDER SUPERVISION.] By January 1, 1990, The
commissioner of corrections shall develop in-service training
for state and local corrections agents and probation officers
who supervise adult and juvenile sex offenders on probation or
supervised release. The commissioner shall make the training
available to all current and future corrections agents and
probation officers who supervise or will supervise sex offenders
on probation or supervised release.
After January 1, 1991, A state or local corrections agent
or probation officer may not supervise adult or juvenile sex
offenders on probation or supervised release unless the agent or
officer has completed the in-service sex offender supervision
training. The commissioner may waive this requirement if the
corrections agent or probation officer has completed equivalent
training as part of a post-secondary educational curriculum.
After January 1, 1991, When an adult sex offender is placed
on supervised release or is sentenced to probationary
supervision, and when a juvenile offender is found delinquent by
the juvenile court for a sex offense and placed on probation or
is paroled from a juvenile correctional facility, a corrections
agent or probation officer may not be assigned to the offender
unless the agent or officer has completed the in-service sex
offender supervision training.
Sec. 3. Minnesota Statutes 1990, section 244.05, is
amended by adding a subdivision to read:
Subd. 1a. [RELEASE ON CERTAIN DAYS.] Notwithstanding the
amount of good time earned by an inmate whose crime was
committed before August 1, 1992, if the inmate's scheduled
release date occurs on a Friday, Saturday, Sunday, or holiday,
the inmate's supervised release term shall begin on the last day
before the inmate's scheduled release date that is not a Friday,
Saturday, Sunday, or holiday. For an inmate whose crime was
committed on or after August 1, 1992, if the inmate's scheduled
release date occurs on a Friday, Saturday, Sunday, or holiday,
the inmate's supervised release term shall begin on the first
day after the inmate's scheduled release date that is not a
Friday, Saturday, Sunday, or holiday.
Sec. 4. Minnesota Statutes 1990, section 244.05,
subdivision 3, is amended to read:
Subd. 3. [SANCTIONS FOR VIOLATION.] If an inmate violates
the conditions of the inmate's supervised release imposed by the
commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or
without modifying or enlarging the conditions imposed on the
inmate; or
(2) revoke the inmate's supervised release and reimprison
the inmate for the appropriate period of time.
The period of time for which a supervised release may be
revoked may not exceed the period of time remaining in the
inmate's sentence, except that for if a sex offender is
sentenced and conditionally released under section 609.1352,
subdivision 5, the period of time for which conditional release
may be revoked may not exceed the balance of the original
sentence imposed less good time earned under section 244.04,
subdivision 1 conditional release term.
Sec. 5. Minnesota Statutes 1990, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate
serving a mandatory life sentence under section 609.184 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence for conviction of murder in
the first degree under section 609.185, clause (1), (3), (4),
(5), or (6); or 609.346, subdivision 2a, must not be given
supervised release under this section without having served a
minimum term of 30 years. An inmate serving a mandatory life
sentence under section 609.385 must not be given supervised
release under this section without having served a minimum term
of imprisonment of 17 years.
Sec. 6. Minnesota Statutes 1990, section 244.05,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(4), (5), or (6); 609.346, subdivision 2a; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.
Sec. 7. Minnesota Statutes 1991 Supplement, section
244.05, subdivision 6, is amended to read:
Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
609.342 to 609.345 or was sentenced under the provisions of
section 609.1352. The commissioner may impose appropriate
conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, or
premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house
arrest; daily curfews; frequent face-to-face contacts with an
assigned intensive supervision agent; work, education, or
treatment requirements; and electronic surveillance. In
addition, any sex offender placed on intensive supervised
release may be ordered to participate in an appropriate sex
offender program as a condition of release. If the inmate
violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3
and section 609.1352.
Sec. 8. Minnesota Statutes 1991 Supplement, section
244.12, subdivision 3, is amended to read:
Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following are not
eligible to be placed on intensive community supervision, under
subdivision 2, clause (2):
(1) offenders who were committed to the commissioner's
custody under a statutory mandatory minimum sentence;
(2) offenders who were committed to the commissioner's
custody following a conviction for murder, manslaughter,
criminal sexual conduct in the first or second degree, or
criminal vehicular homicide or operation resulting in death; and
(3) offenders whose presence in the community would present
a danger to public safety.
Sec. 9. Minnesota Statutes 1990, 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 the child's 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
245A.01 to 245A.16; or
(4) 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) 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.
If the child is petitioned and found by the court to have
committed or attempted to commit an act in violation of section
609.342,; 609.343,; 609.344, or; 609.345,; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense
arising out of a delinquency petition based on one or more of
those sections, the court shall order an independent
professional assessment of the child's need for sex offender
treatment. An assessor providing an assessment for the court
may not have any direct or shared financial interest or referral
relationship resulting in shared financial gain with a treatment
provider. If the assessment indicates that the child is in need
of and amenable to sex offender treatment, the court shall
include in its disposition order a requirement that the child
undergo treatment. Notwithstanding section 13.42, 13.85,
144.335, 260.161, or 626.556, the assessor has access to the
following private or confidential data on the child if access is
relevant and necessary for the assessment:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under section 260.161; and
(5) local welfare agency records under section 626.556.
Data disclosed under this paragraph may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
If the child is found delinquent due to the commission of
an offense that would be a felony if committed by an adult, the
court shall make a specific finding on the record regarding the
juvenile's mental health and chemical dependency treatment needs.
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.
Sec. 10. Minnesota Statutes 1991 Supplement, section
609.135, subdivision 2, is amended to read:
Subd. 2. (a) 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.
(b) If the conviction is for a gross misdemeanor the stay
shall be for not more than two years.
(c) If the conviction is for any misdemeanor under section
169.121; 609.746, subdivision 1; 609.79; or 617.23; 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.
(d) If the conviction is for a misdemeanor not specified in
paragraph (c), the stay shall be for not more than one year.
(e) The defendant shall be discharged when the stay
expires, unless the stay has been revoked or extended under
paragraph (f), or the defendant has already been discharged.
(f) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (e), a court may extend a
defendant's term of probation for up to one year if it finds, at
a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in
accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution the
defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution that the defendant owes.
Sec. 11. Minnesota Statutes 1990, section 609.1352,
subdivision 1, is amended to read:
Subdivision 1. [SENTENCING AUTHORITY.] A court may shall
sentence a person to a term of imprisonment of not less than
double the presumptive sentence under the sentencing guidelines
and not more than the statutory maximum, or if the statutory
maximum is less than double the presumptive sentence, to a term
of imprisonment equal to the statutory maximum, if:
(1) the court is imposing an executed sentence, based on a
sentencing guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, or 609.345, or on a person convicted of committing or
attempting to commit any other crime listed in subdivision 2 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal;
(2) the court finds that the offender is a danger to public
safety; and
(3) the court finds that the offender needs long-term
treatment or supervision beyond the presumptive term of
imprisonment and supervised release. The finding must be based
on a professional assessment by an examiner experienced in
evaluating sex offenders that concludes that the offender is a
patterned sex offender. The assessment must contain the facts
upon which the conclusion is based, with reference to the
offense history of the offender or the severity of the current
offense, the social history of the offender, and the results of
an examination of the offender's mental status unless the
offender refuses to be examined. The conclusion may not be
based on testing alone. A patterned sex offender is one whose
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
Sec. 12. Minnesota Statutes 1990, section 609.1352,
subdivision 5, is amended to read:
Subd. 5. [CONDITIONAL RELEASE.] At the time of sentencing
under subdivision 1, the court may shall provide that after the
offender has completed one-half of the full pronounced sentence
imposed, without regard to less any good time earned by an
offender whose crime was committed before August 1, 1993, the
commissioner of corrections may shall place the offender on
conditional release for the remainder of the statutory maximum
period or for ten years, whichever is longer, if the
commissioner finds that:
(1) the offender is amenable to treatment and has made
sufficient progress in a sex offender treatment program
available in prison to be released to a sex offender treatment
program operated by the department of human services or a
community sex offender treatment and reentry program; and
(2) the offender has been accepted in a program approved by
the commissioner that provides treatment, aftercare, and phased
reentry into the community.
The conditions of release must may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. Before the
offender is released, the commissioner shall notify the
sentencing court, the prosecutor in the jurisdiction where the
offender was sentenced and the victim of the offender's crime,
where available, of the terms of the offender's conditional
release. Release may be revoked and the stayed sentence
executed in its entirety less good time If the offender fails to
meet any condition of release, the commissioner may revoke the
offender's conditional release and order that the offender serve
the remaining portion of the conditional release term in
prison. The commissioner shall not dismiss the offender from
supervision before the sentence conditional release term expires.
Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
Sec. 13. Minnesota Statutes 1990, section 609.184,
subdivision 2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of
release when under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, clause (2); or
(2) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (4), (5), or (6), and
the court determines on the record at the time of sentencing
that the person has one or more previous convictions for a
heinous crime.
Sec. 14. Minnesota Statutes 1990, section 609.342, is
amended to read:
609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.]
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the first degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish sexual
penetration; or
(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:
(i) an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant
reasonably to believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) (iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Subd. 2. [PENALTY.] Except as otherwise provided in
section 609.346, subdivision 2a or 2b, a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
25 30 years or to a payment of a fine of not more than $40,000,
or both.
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.346, if a person is convicted under
subdivision 1, clause (g), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program.
Sec. 15. Minnesota Statutes 1990, section 609.343, is
amended to read:
609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.]
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the second degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this
clause, the state is not required to prove that the sexual
contact was coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the dangerous weapon to cause the complainant
to submit;
(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish the
sexual contact; or
(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:
(i) an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual contact. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) (iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Subd. 2. [PENALTY.] Except as otherwise provided in
section 609.346, subdivision 2a or 2b, a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
20 25 years or to a payment of a fine of not more than $35,000,
or both.
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.346, if a person is convicted under
subdivision 1, clause (g), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program.
Sec. 16. Minnesota Statutes 1990, section 609.344,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the
actor may be sentenced to imprisonment for not more than five
years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) (iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred during the psychotherapy session. Consent by the
complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense; or
(k) the actor accomplishes the sexual penetration by means
of false representation that the penetration is for a bona fide
medical purpose by a health care professional. Consent by the
complainant is not a defense.
Sec. 17. Minnesota Statutes 1990, section 609.344,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.346, if a person is convicted under
subdivision 1, clause (f), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program.
Sec. 18. Minnesota Statutes 1990, section 609.345,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant
and uses this authority to cause the complainant to submit. In
any such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the
sexual contact;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) (iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred
during the psychotherapy session. Consent by the complainant is
not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense; or
(k) the actor accomplishes the sexual contact by means of
false representation that the contact is for a bona fide medical
purpose by a health care professional. Consent by the
complainant is not a defense.
Sec. 19. Minnesota Statutes 1990, section 609.345,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.346, if a person is convicted under
subdivision 1, clause (f), the court may stay imposition or
execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program.
Sec. 20. [609.3452] [SEX OFFENDER ASSESSMENT.]
Subdivision 1. [ASSESSMENT REQUIRED.] When a person is
convicted of a violation of section 609.342; 609.343; 609.344;
609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or
another offense arising out of a charge based on one or more of
those sections, the court shall order an independent
professional assessment of the offender's need for sex offender
treatment. The court may waive the assessment if: (1) the
sentencing guidelines provide a presumptive prison sentence for
the offender, or (2) an adequate assessment was conducted prior
to the conviction. An assessor providing an assessment for the
court must be experienced in the evaluation and treatment of sex
offenders.
Subd. 2. [ACCESS TO DATA.] Notwithstanding section 13.42,
13.85, 144.335, 260.161, or 626.556, the assessor has access to
the following private or confidential data on the person if
access is relevant and necessary for the assessment:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under section 260.161; and
(5) local welfare agency records under section 626.556.
Data disclosed under this section may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
Subd. 3. [TREATMENT ORDER.] If the assessment indicates
that the offender is in need of and amenable to sex offender
treatment, the court shall include in the sentence a requirement
that the offender undergo treatment, unless the court sentences
the offender to prison.
Sec. 21. Minnesota Statutes 1990, section 609.346,
subdivision 2, is amended to read:
Subd. 2. [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as
provided in subdivision 2a or 2b, if a person is convicted under
sections 609.342 to 609.345, within 15 years of a previous sex
offense conviction, the court shall commit the defendant to the
commissioner of corrections for imprisonment for a term of not
less than three years, nor more than the maximum sentence
provided by law for the offense for which convicted,
notwithstanding the provisions of sections 242.19, 243.05,
609.11, 609.12 and 609.135. The court may stay the execution of
the sentence imposed under this subdivision only if it finds
that a professional assessment indicates the offender is
accepted by and can respond to treatment at a long-term
inpatient program exclusively treating sex offenders and
approved by the commissioner of corrections. If the court stays
the execution of a sentence, it shall include the following as
conditions of probation: (1) incarceration in a local jail or
workhouse; and (2) a requirement that the offender successfully
complete the treatment program and aftercare as directed by the
court.
Sec. 22. Minnesota Statutes 1990, section 609.346,
subdivision 2a, is amended to read:
Subd. 2a. [MAXIMUM MANDATORY LIFE SENTENCE IMPOSED.] (a)
The court shall sentence a person to a term of imprisonment of
37 years for life, notwithstanding the statutory
maximum sentences sentence under sections section 609.342 and
609.343 if:
(1) the person is convicted under section 609.342 or
609.343; and
(2) the court determines on the record at the time of
sentencing that any of the following circumstances exists:
(i) the person has previously been sentenced under section
609.1352;
(ii) the person has one previous sex offense conviction for
a violation of section 609.342, 609.343, or 609.344 that
occurred before August 1, 1989, for which the person was
sentenced to prison in an upward durational departure from the
sentencing guidelines that resulted in a sentence at least twice
as long as the presumptive sentence; or
(iii) the person has two previous sex offense convictions
under section 609.342, 609.343, or 609.344.
(b) Notwithstanding sections section 609.342, subdivision
3; and 609.343, subdivision 3; and subdivision 2, the court may
not stay imposition of the sentence required by this subdivision.
Sec. 23. Minnesota Statutes 1990, section 609.346, is
amended by adding a subdivision to read:
Subd. 2b. [MANDATORY 30-YEAR SENTENCE.] (a) The court
shall sentence a person to a term of 30 years, notwithstanding
the statutory maximum sentence under section 609.343, if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and
(2) the court determines on the record at the time of
sentencing that:
(i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the sentencing
guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
(ii) the person has a previous sex offense conviction under
section 609.342, 609.343, or 609.344.
(b) Notwithstanding sections 609.342, subdivision 3; and
609.343, subdivision 3; and subdivision 2, the court may not
stay imposition or execution of the sentence required by this
subdivision.
Sec. 24. Minnesota Statutes 1990, section 609.346, is
amended by adding a subdivision to read:
Subd. 4. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court
shall sentence a person to at least twice the presumptive
sentence recommended by the sentencing guidelines if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); 609.343,
subdivision 1, clause (c), (d), (e), or (f); or 609.344,
subdivision 1, clause (c) or (d); and
(2) the court determines on the record at the time of
sentencing that the crime involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines.
Sec. 25. Minnesota Statutes 1990, section 609.346, is
amended by adding a subdivision to read:
Subd. 5. [SUPERVISED RELEASE OF SEX OFFENDERS.] (a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the sentencing
guidelines, any person who is sentenced to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345 must
be sentenced to serve a supervised release term as provided in
this subdivision. The court shall sentence a person convicted
for a violation of section 609.342, 609.343, 609.344, or 609.345
to serve a supervised release term of not less than five years.
The court shall sentence a person convicted for a violation of
one of those sections a second or subsequent time, or sentenced
under section 24 to a mandatory departure, to serve a supervised
release term of not less than ten years.
(b) The commissioner of corrections shall set the level of
supervision for offenders subject to this section based on the
public risk presented by the offender.
Sec. 26. Minnesota Statutes 1990, section 609.3471, is
amended to read:
609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.]
Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342,
clause (a), (b), (g), or (h); 609.343, clause (a), (b), (g), or
(h); 609.344, clause (a), (b), (e), (f), or (g); or 609.345,
clause (a), (b), (e), (f), or (g) which specifically identifies
the a victim who is a minor shall be accessible to the public,
except by order of the court. Nothing in this section
authorizes denial of access to any other data contained in the
records or reports, including the identity of the defendant.
Sec. 27. [INTERIM SLIDING FEE SCALE.]
By July 1, 1992, the commissioner of corrections shall
adopt without regard to chapter 14, and provide to each judicial
district court administrator, an interim sliding fee scale to
determine the amount of money to be contributed by sex offenders
toward the cost of the assessments required by section 20. The
interim sliding fee scale is effective until the commissioner
adopts a permanent sliding fee scale under article 8, section 4,
subdivision 3.
Sec. 28. [INSTITUTE OF PEDIATRIC SEXUAL HEALTH.]
Subdivision 1. [PLANNING.] The commissioner of health, in
cooperation with the director of strategic and long-range
planning, shall, by September 1, 1992, convene an
interdisciplinary committee to plan for an institute of sexual
health to serve youth and children. Members of the committee
shall be appointed by the governor and shall include expert
professionals from the fields of medicine, psychiatry,
psychology, education, sociology, and other relevant
disciplines. The committee shall also include representatives
of community agencies that work in the areas of health,
religion, and corrections.
Subd. 2. [PURPOSE.] The purpose of the institute is the
diagnosis and treatment of, and research and education relating
to, the etiology and prevention of sexual dysfunctions and the
medical, psychological, and relational conditions that affect
the sexual health of the child, the adolescent, and the family,
including those of a violent nature. The institute will focus
on the early detection of potentially sexually violent behavior
and disorders of sexual functioning. The institute will provide
clinical, programmatic, and staff training support for the
residential treatment program and will coordinate educational
programs. The institute will be a resource for medical, mental
health, and juvenile justice programs in the state.
Subd. 3. [CLINICAL STAFF.] The institute will provide
clinical staff including professionals in genetics, reproductive
biology, molecular biology, endocrinology, brain science,
ethology, psychology, sociology, and cultural anthropology.
Subd. 4. [TREATMENT PROGRAMS.] The institute will be
designed to offer a wide variety of diagnostic and treatment
services, as determined by the planning committee.
Subd. 5. [ANCILLARY SERVICES.] The institute will include
a research center that will provide facilities, a library, and
educational services supporting and encouraging research on all
aspects of pediatric and youth sexology including those factors
contributing to sexually violent behavior. The institute will
fund visiting scholars and establish and maintain international
collaborative working relationships with other related
professional institutes and organizations and sponsor an annual
symposium on pediatric, youth, and family sexology.
Subd. 6. [REPORT.] By February 1, 1993, the commissioner
of health shall submit to the legislature a plan for
establishment of an institute to promote the sexual health of
youth and children. The plan shall include recommendations for
siting and funding the institute.
Sec. 29. [EFFECTIVE DATE.]
Section 3 is effective the day following final enactment.
Sections 4, 5, 6, and 10 to 26 are effective August 1, 1992, and
apply to crimes committed on or after that date. Section 9 is
effective August 1, 1992, and applies to persons adjudicated
delinquent on or after that date. The court shall consider
convictions occurring before August 1, 1992, as previous
convictions in sentencing offenders under sections 22 to 25.
Section 20, subdivision 3, is effective January 1, 1994.
ARTICLE 2
SENTENCING
Section 1. Minnesota Statutes 1990, section 244.01,
subdivision 8, is amended to read:
Subd. 8. "Term of imprisonment," as applied to inmates
whose crimes were committed before August 1, 1993, is the period
of time to which an inmate is committed to the custody of the
commissioner of corrections minus earned good time. "Term of
imprisonment," as applied to inmates whose crimes were committed
on or after August 1, 1993, is the period of time which an
inmate is ordered to serve in prison by the sentencing court,
plus any disciplinary confinement period imposed by the
commissioner under section 244.05, subdivision 1b.
Sec. 2. Minnesota Statutes 1990, section 244.03, is
amended to read:
244.03 [VOLUNTARY REHABILITATIVE PROGRAMS.]
The commissioner shall provide appropriate mental health
programs and vocational and educational programs with
employment-related goals for inmates who desire to voluntarily
participate in such programs and for inmates who are required to
participate in the programs under the disciplinary offense rules
adopted by the commissioner under section 244.05, subdivision
1b. The selection, design and implementation of programs under
this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds
appropriated for such programs.
No action challenging the level of expenditures for
programs authorized under this section, nor any action
challenging the selection, design or implementation of these
programs, may be maintained by an inmate in any court in this
state.
Sec. 3. Minnesota Statutes 1990, section 244.04,
subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF SENTENCE.] Notwithstanding
the provisions of section 609.11, subdivision 6, and section
609.346, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980, and
whose crime was committed before August 1, 1993, shall be
reduced in duration by one day for each two days during which
the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,
except that the period of supervised release for a sex offender
sentenced and conditionally released by the commissioner under
section 609.1352, subdivision 5, is governed by that provision.
Except as otherwise provided in subdivision 2, if an inmate
whose crime was committed before August 1, 1993, violates a
disciplinary offense rule promulgated by the commissioner, good
time earned prior to the violation may not be taken away, but
the inmate may be required to serve an appropriate portion of
the term of imprisonment after the violation without earning
good time.
Sec. 4. Minnesota Statutes 1990, section 244.04,
subdivision 3, is amended to read:
Subd. 3. The provisions of this section do not apply to an
inmate serving a mandatory life sentence or to persons whose
crimes were committed on or after August 1, 1993.
Sec. 5. Minnesota Statutes 1990, section 244.05,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISED RELEASE REQUIRED.] Except as
provided in subdivisions 1b, 4, and 5, every inmate shall serve
a supervised release term upon completion of the inmate's term
of imprisonment as reduced by any good time earned by the inmate
or extended by confinement in punitive segregation pursuant to
section 244.04, subdivision 2. Except for a sex offender
conditionally released under section 609.1352, subdivision 5,
the supervised release term shall be equal to the period of good
time the inmate has earned, and shall not exceed the length of
time remaining in the inmate's sentence.
Sec. 6. Minnesota Statutes 1990, section 244.05, is
amended by adding a subdivision to read:
Subd. 1b. [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES
ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in
subdivisions 4 and 5, every inmate sentenced to prison for a
felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the term of
imprisonment pronounced by the sentencing court under section 7
and any disciplinary confinement period imposed by the
commissioner due to the inmate's violation of any disciplinary
offense rule adopted by the commissioner under paragraph (b).
The supervised release term shall be equal in length to the
amount of time remaining in the inmate's imposed sentence after
the inmate has served the pronounced term of imprisonment and
any disciplinary confinement period imposed by the commissioner.
(b) By August 1, 1993, the commissioner shall modify the
commissioner's existing disciplinary rules to specify
disciplinary offenses which may result in imposition of a
disciplinary confinement period and the length of the
disciplinary confinement period for each disciplinary offense.
These disciplinary offense rules may cover violation of
institution rules, refusal to work, refusal to participate in
treatment or other rehabilitative programs, and other matters
determined by the commissioner. No inmate who violates a
disciplinary rule shall be placed on supervised release until
the inmate has served the disciplinary confinement period or
until the inmate is discharged or released from punitive
segregation confinement, whichever is later. The imposition of
a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure
for imposing the disciplinary confinement period and the rights
of the inmate in the procedure shall be those in effect for the
imposition of other disciplinary sanctions at each state
correctional institution.
Sec. 7. [244.101] [SENTENCING OF FELONY OFFENDERS WHO
COMMIT OFFENSES ON AND AFTER AUGUST 1, 1993.]
Subdivision 1. [SENTENCING AUTHORITY.] When a felony
offender is sentenced to a fixed executed prison sentence for an
offense committed on or after August 1, 1993, the sentence
pronounced by the court shall consist of two parts: (1) a
specified minimum term of imprisonment; and (2) a specified
maximum supervised release term that is one-half of the minimum
term of imprisonment. The lengths of the term of imprisonment
and the supervised release term actually served by an inmate are
subject to the provisions of section 244.05, subdivision 1b.
Subd. 2. [EXPLANATION OF SENTENCE.] When a court
pronounces sentence under this section, it shall specify the
amount of time the defendant will serve in prison and the amount
of time the defendant will serve on supervised release, assuming
the defendant commits no disciplinary offense in prison that may
result in the imposition of a disciplinary confinement period.
The court shall also explain that the defendant's term of
imprisonment may be extended by the commissioner if the
defendant commits any disciplinary offenses in prison and that
this extension could result in the defendant's serving the
entire pronounced sentence in prison. The court's explanation
shall be included in the sentencing order.
Subd. 3. [NO RIGHT TO SUPERVISED RELEASE.] Notwithstanding
the court's specification of the potential length of a
defendant's supervised release term in the sentencing order, the
court's order creates no right of a defendant to any specific,
minimum length of a supervised release term.
Subd. 4. [APPLICATION OF STATUTORY MANDATORY MINIMUM
SENTENCES.] If the defendant is convicted of any offense for
which a statute imposes a mandatory minimum sentence or term of
imprisonment, the statutory mandatory minimum sentence or term
governs the length of the entire sentence pronounced by the
court under this section.
Sec. 8. Minnesota Statutes 1990, section 609.15,
subdivision 2, is amended to read:
Subd. 2. [LIMIT ON TERMS; MISDEMEANOR AND GROSS
MISDEMEANOR.] If the court specifies that the sentence shall run
consecutively, the total of the terms of imprisonment imposed,
other than a term of imprisonment for life, shall not exceed 40
years. If and all of the sentences are for misdemeanors, the
total of the terms of imprisonment shall not exceed one year;.
If all of the sentences are for gross misdemeanors, the total of
such the terms shall not exceed three years.
Sec. 9. Minnesota Statutes 1990, section 609.152,
subdivision 2, is amended to read:
Subd. 2. [INCREASED SENTENCES; DANGEROUS OFFENDERS.]
Whenever a person is convicted of a violent crime, and the judge
is imposing an executed sentence based on a sentencing
guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if
the offender was at least 18 years old at the time the felony
was committed, and:
(1) the court determines on the record at the time of
sentencing that the offender has two or more prior convictions
for violent crimes; and
(2) the court finds that the offender is a danger to public
safety and specifies on the record the basis for the finding,
which may include:
(i) the offender's past criminal behavior, such as the
offender's high frequency rate of criminal activity or juvenile
adjudications, or long involvement in criminal activity
including juvenile adjudications; or
(ii) the fact that the present offense of conviction
involved an aggravating factor that would justify a durational
departure under the sentencing guidelines.
Sec. 10. Minnesota Statutes 1990, section 609.152,
subdivision 3, is amended to read:
Subd. 3. [INCREASED SENTENCES; CAREER OFFENDERS.] Whenever
a person is convicted of a felony, and the judge is imposing an
executed sentence based on a sentencing guidelines presumptive
imprisonment sentence, the judge may impose an aggravated
durational departure from the presumptive sentence up to the
statutory maximum sentence if the judge finds and specifies on
the record that the offender has more than four prior felony
convictions and that the present offense is a felony that was
committed as part of a pattern of criminal conduct from which a
substantial portion of the offender's income was derived.
Sec. 11. [TASK FORCE ON NEW FELONY SENTENCING SYSTEM.]
Subdivision 1. [MEMBERSHIP.] A task force is established
to study the implementation of the new felony sentencing system
provided in this article. The task force consists of the
following members or their designees:
(1) the chair of the sentencing guidelines commission;
(2) the commissioner of corrections;
(3) the state court administrator;
(4) the chair of the house judiciary committee; and
(5) the chair of the senate judiciary committee.
The task force shall select a chair from among its
membership.
Subd. 2. [DUTIES.] The task force shall study the new
felony sentencing system provisions contained in this article.
Based on this study, the task force shall:
(1) determine whether the current sentencing guidelines and
sentencing guidelines grid need to be changed in order to
implement the new sentencing provisions; and
(2) determine whether any legislative changes to the
provisions are needed to permit their effective implementation.
Subd. 3. [REPORT.] The task force shall report the results
of its study to the legislature by February 15, 1993. The
report shall include the task force's recommendations, if any,
for changing the law or the sentencing guidelines in order to
effectively implement the new felony sentencing system.
Sec. 12. [SENTENCING GUIDELINES COMMISSION; STUDY.]
The sentencing guidelines commission shall study the
following issues and report its findings and conclusions to the
chairs of the house and senate judiciary committees by February
1, 1993:
(1) whether the crime of first degree criminal sexual
conduct should be ranked, in whole or in part, in the next
higher severity level of the sentencing guidelines grid;
(2) whether the current presumptive sentence for the crime
of second degree intentional murder is adequately proportional
to the mandatory life imprisonment penalty provided for first
degree murder; and
(3) whether the sentencing guidelines should provide a
presumption in favor of consecutive sentences for persons who
are convicted of multiple crimes against a person in separate
behavioral incidents.
Sec. 13. [SENTENCING GUIDELINES MODIFICATION.]
The sentencing guidelines commission shall modify the
sentencing guidelines to provide that if an inmate of a state
correctional facility is convicted of committing a felony at the
facility, it is presumed that the sentence imposed for the
current felony will run consecutively to the sentence for which
the inmate was confined when the felony was committed. The
commission shall also modify the sentencing guidelines to
provide that the judge may depart from this presumption and
impose a concurrent sentence based on evidence that the
defendant has provided substantial and material assistance in
the detection or prosecution of crime.
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 7 are effective August 1, 1993, and apply to
crimes committed on or after that date. Sections 8 to 10 are
effective August 1, 1992, and apply to crimes committed on or
after that date.
ARTICLE 3
PSYCHOPATHIC PERSONALITY PROVISIONS
Section 1. Minnesota Statutes 1990, section 8.01, is
amended to read:
8.01 [APPEARANCE.]
The attorney general shall appear for the state in all
causes in the supreme and federal courts wherein the state is
directly interested; also in all civil causes of like nature in
all other courts of the state whenever, in the attorney
general's opinion, the interests of the state require it. Upon
request of the county attorney, the attorney general shall
appear in court in such criminal cases as the attorney general
deems proper. Upon request of a county attorney, the attorney
general may assume the duties of the county attorney in
psychopathic personality commitment proceedings under section
526.10. Whenever the governor shall so request, in writing, the
attorney general shall prosecute any person charged with an
indictable offense, and in all such cases may attend upon the
grand jury and exercise the powers of a county attorney.
Sec. 2. Minnesota Statutes 1991 Supplement, section 8.15,
is amended to read:
8.15 [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies a fee for
legal services rendered to them. The assessment against
appropriations from other than the general fund must be the full
cost of providing the services. The assessment against
appropriations supported by fees must be included in the fee
calculation. The assessment against appropriations from the
general fund not supported by fees must be one-half of the cost
of providing the services. An amount equal to the general fund
receipts in the even-numbered year of the biennium is
appropriated to the attorney general for each year of the
succeeding biennium. All other receipts from assessments must
be deposited in the state treasury and credited to the general
fund.
The attorney general in consultation with the commissioner
of finance shall assess political subdivisions fees to cover
half the cost of legal services rendered to them; except that
the attorney general may not assess a county any fee for legal
services rendered in connection with a psychopathic personality
commitment proceeding under section 526.10 for which the
attorney general assumes responsibility under section 8.01.
Sec. 3. Minnesota Statutes 1990, section 244.05, is
amended by adding a subdivision to read:
Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.1352, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 526.10 may be
appropriate. If the commissioner determines that a petition may
be appropriate, the commissioner shall forward this
determination, along with a summary of the reasons for the
determination, to the county attorney in the county where the
inmate was convicted no later than six months before the
inmate's release date. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 526.10. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.
Sec. 4. Minnesota Statutes 1990, section 253B.18,
subdivision 2, is amended to read:
Subd. 2. [REVIEW; HEARING.] A written treatment report
shall be filed with the committing court within 60 days after
commitment. If the person is in the custody of the commissioner
of corrections when the initial commitment is ordered under
subdivision 1, the written treatment report must be filed within
60 days after the person is admitted to the Minnesota security
hospital or a private hospital receiving the person. The court,
prior to making a final determination with regard to a person
initially committed as mentally ill and dangerous to the public,
shall hold a hearing. The hearing shall be held within the
earlier of 14 days of the court's receipt of the written
treatment report, if one is filed, or within 90 days of the date
of initial commitment or admission, whichever is earlier, unless
otherwise agreed by the parties. If the court finds that the
patient qualifies for commitment as mentally ill, but not as
mentally ill and dangerous to the public, the court may commit
the person as a mentally ill person and the person shall be
deemed not to have been found to be dangerous to the public for
the purposes of subdivisions 4 to 15. Failure of the treatment
facility to provide the required report at the end of the 60-day
period shall not result in automatic discharge of the patient.
Sec. 5. Minnesota Statutes 1990, section 526.10, is
amended to read:
526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES; TRANSFER OR
COMMITMENT TO CORRECTIONS.]
Subdivision 1. [PROCEDURE.] Except as otherwise provided
in this section or in chapter 253B, the provisions of chapter
253B, pertaining to persons mentally ill and dangerous to the
public shall apply with like force and effect to persons having
a psychopathic personality, to persons alleged to have such
personality, and to persons found to have such personality,
respectively. Before such proceedings are instituted, the facts
shall first be submitted to the county attorney, who, if
satisfied that good cause exists therefor, shall prepare the
petition to be executed by a person having knowledge of the
facts and file the same with the judge of the probate court of
the county in which the "patient," as defined in such statutes,
has a settlement or is present. If the patient is in the
custody of the commissioner of corrections, the petition may be
filed in the county where the conviction for which the person is
incarcerated was entered. The judge of probate shall thereupon
follow the same procedures set forth in chapter 253B, for
judicial commitment. The judge may exclude the general public
from attendance at such hearing. If, upon completion of the
hearing and consideration of the record, the court finds the
proposed patient has a psychopathic personality, the court shall
commit such person to a public hospital or a private hospital
consenting to receive the person, subject to a mandatory review
by the head of the hospital within 60 days from the date of the
order as provided for in chapter 253B for persons found to be
mentally ill and dangerous to the public. The patient shall
thereupon be entitled to all of the rights provided for in
chapter 253B, for persons found to be mentally ill and dangerous
to the public, and all of the procedures provided for in chapter
253B, for persons found to be mentally ill and dangerous to the
public shall apply to such patient except as otherwise provided
in subdivision 2.
Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] Unless the
provisions of section 609.1351 apply, (a) If a person has been
committed under this section and also has been later is
committed to the custody of the commissioner of corrections, the
person may be transferred from a hospital to another facility
designated by the commissioner of corrections as provided in
section 253B.18; except that the special review board and the
commissioner of human services may consider the following
factors in lieu of the factors listed in section 253B.18,
subdivision 6, to determine whether a transfer to the
commissioner of corrections is appropriate:
(1) the person's unamenability to treatment;
(2) the person's unwillingness or failure to follow
treatment recommendations;
(3) the person's lack of progress in treatment at the
public or private hospital;
(4) the danger posed by the person to other patients or
staff at the public or private hospital; and
(5) the degree of security necessary to protect the public.
(b) If a person is committed under this section after a
commitment to the commissioner of corrections, the person shall
first serve the sentence in a facility designated by the
commissioner of corrections. After the person has served the
sentence, the person shall be transferred to a regional center
designated by the commissioner of human services.
Sec. 6. [526.115] [STATEWIDE JUDICIAL PANEL; PSYCHOPATHIC
PERSONALITY COMMITMENTS.]
Subdivision 1. [CREATION.] The supreme court may establish
a panel of district judges with statewide authority to preside
over commitment proceedings brought under section 526.10. Only
one judge of the panel is required to preside over a particular
commitment proceeding. Panel members shall serve for one-year
terms. One of the judges shall be designated as the chief judge
of the panel, and is vested with the power to designate the
presiding judge in a particular case, to set the proper venue
for the proceedings, and to otherwise supervise and direct the
operation of the panel. The chief judge shall designate one of
the other judges to act as chief judge whenever the chief judge
is unable to act.
Subd. 2. [EFFECT OF CREATION OF PANEL.] If the supreme
court creates the judicial panel authorized by this section, all
petitions for civil commitment brought under section 526.10
shall be filed with the supreme court instead of with the
probate court in the county where the proposed patient is
present, notwithstanding any provision of section 526.10 to the
contrary. Otherwise, all of the other applicable procedures
contained in section 526.10 and chapter 253B apply to commitment
proceedings conducted by a judge on the panel.
Sec. 7. Minnesota Statutes 1990, section 609.1351, is
amended to read:
609.1351 [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 609.1352,
609.342, 609.343, 609.344, or 609.345, the court shall make a
preliminary determination whether in the court's opinion a
petition under section 526.10 may be appropriate and include the
determination as part of the sentencing order. If the court
determines that a petition may be appropriate, the court shall
forward its preliminary determination along with supporting
documentation to the county attorney. If the person is
subsequently committed under section 526.10, the person shall
serve the sentence in a facility designated by the commissioner
of corrections. After the person has served the sentence the
person shall be transferred to a facility designated by the
commissioner of human services.
Sec. 8. [EFFECTIVE DATE.]
Section 7 is effective August 1, 1992, and applies to
sentences imposed on or after that date.
ARTICLE 4
OTHER PENALTY PROVISIONS
Section 1. Minnesota Statutes 1991 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of $85.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $85.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $5.
(12) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 2. Minnesota Statutes 1991 Supplement, section
609.101, subdivision 1, is amended to read:
Subdivision 1. [SURCHARGES AND ASSESSMENTS.] (a) When a
court sentences a person convicted of a felony, gross
misdemeanor, or misdemeanor, other than a petty misdemeanor such
as a traffic or parking violation, and if the sentence does not
include payment of a fine, the court shall impose an assessment
of not less than $25 nor more than $50. If the sentence for the
felony, gross misdemeanor, or misdemeanor includes payment of a
fine of any amount, including a fine of less than $100, the
court shall impose a surcharge on the fine of ten 20 percent of
the fine. This section applies whether or not the person is
sentenced to imprisonment and when the sentence is suspended.
(b) In addition to the assessments in paragraph (a), the
court shall assess the following surcharges after a person is
convicted:
(1) for a person charged with a felony, $25;
(2) for a person charged with a gross misdemeanor, $15;
(3) for a person charged with a misdemeanor other than a
traffic, parking, or local ordinance violation, $10; and
(4) for a person charged with a local ordinance violation
other than a parking or traffic violation, $5.
The surcharge must be assessed for the original charge, whether
or not it is subsequently reduced. A person charged on more
than one count may be assessed only one surcharge under this
paragraph, but must be assessed for the most serious offense.
This paragraph applies whether or not the person is sentenced to
imprisonment and when the sentence is suspended.
(c) The court may not waive payment or authorize payment of
the assessment or surcharge in installments unless it makes
written findings on the record that the convicted person is
indigent or that the assessment or surcharge would create undue
hardship for the convicted person or that person's immediate
family.
(d) If the court fails to waive or impose an assessment
required by paragraph (a), the court administrator shall correct
the record to show imposition of an assessment of $25 if the
sentence does not include payment of a fine, or if the sentence
includes a fine, to show an imposition of a surcharge of ten
percent of the fine. If the court fails to waive or impose an
assessment required by paragraph (b), the court administrator
shall correct the record to show imposition of the assessment
described in paragraph (b).
(e) Except for assessments and surcharges imposed on
persons convicted of violations described in section 97A.065,
subdivision 2, the court shall collect and forward to the
commissioner of finance the total amount of the assessments or
surcharges and the commissioner shall credit all money so
forwarded to the general fund.
(f) If the convicted person is sentenced to imprisonment,
the chief executive officer of the correctional facility in
which the convicted person is incarcerated may collect the
assessment or surcharge from any earnings the inmate accrues for
work performed in the correctional facility and forward the
amount to the commissioner of finance, indicating the part that
was imposed for violations described in section 97A.065,
subdivision 2, which must be credited to the game and fish fund.
Sec. 3. Minnesota Statutes 1990, section 609.101, is
amended by adding a subdivision to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 20 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 20 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law.
The court may not waive payment of the minimum fine or
authorize payment of it in installments unless the court makes
written findings on the record that the convicted person is
indigent or that the fine would create undue hardship for the
convicted person or that person's immediate family.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1 and is in addition to any term of imprisonment or restitution
imposed or ordered by the court.
Sec. 4. Minnesota Statutes 1990, section 609.184,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] (a) A "heinous crime" is:
(1) a violation or attempted violation of section 609.185,
or 609.19,;
(2) a violation of section 609.195, or 609.221; or
(3) a violation of section 609.342 or, 609.343, or 609.344,
if the offense was committed with force or violence.
(b) "Previous conviction" means a conviction in Minnesota
of a heinous crime or a conviction elsewhere for conduct that
would have been a heinous crime under this chapter if committed
in Minnesota. The term includes any conviction that occurred
before the commission of the present offense of conviction, but
does not include a conviction if 15 years have elapsed since the
person was discharged from the sentence imposed for the offense.
Sec. 5. Minnesota Statutes 1990, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, escape from custody, or any felony violation
of chapter 152 involving the unlawful sale of a controlled
substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state correctional facility, with intent to
effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being under circumstances
other than those described in clause (1), (2), or (5) while
committing domestic abuse, when the perpetrator has engaged in a
past pattern of domestic abuse upon the victim and the death
occurs under circumstances manifesting an extreme indifference
to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343,
609.344, 609.345, 609.377, or 609.378, or 609.713.
For purposes of clause (6), "domestic abuse" means an act
that:
(1) constitutes a violation of section 609.221, 609.222, or
609.223, 609.224, 609.342, 609.343, 609.344; 609.345, or
609.713; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
Sec. 6. Minnesota Statutes 1990, section 609.19, is
amended to read:
609.19 [MURDER IN THE SECOND DEGREE.]
Whoever does either any of the following is guilty of
murder in the second degree and may be sentenced to imprisonment
for not more than 40 years:
(1) Causes the death of a human being with intent to effect
the death of that person or another, but without premeditation,
or;
(2) Causes the death of a human being, without intent to
effect the death of any person, while committing or attempting
to commit a felony offense other than criminal sexual conduct in
the first or second degree with force or violence; or
(3) Causes the death of a human being without intent to
effect the death of any person, while intentionally inflicting
or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection issued
under chapter 518B and the victim is a person designated to
receive protection under the order.
Sec. 7. Minnesota Statutes 1990, section 609.222, is
amended to read:
609.222 [ASSAULT IN THE SECOND DEGREE.]
Subdivision 1. [DANGEROUS WEAPON.] Whoever assaults
another with a dangerous weapon may be sentenced to imprisonment
for not more than seven years or to payment of a fine of not
more than $14,000, or both.
Subd. 2. [DANGEROUS WEAPON; SUBSTANTIAL BODILY
HARM.] Whoever assaults another with a dangerous weapon and
inflicts substantial bodily harm may be sentenced to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both.
Sec. 8. Minnesota Statutes 1990, section 609.2231, is
amended by adding a subdivision to read:
Subd. 6. [PUBLIC EMPLOYEES WITH MANDATED DUTIES.] A person
is guilty of a gross misdemeanor who:
(1) assaults an agricultural inspector, child protection
worker, public health nurse, or probation or parole officer
while the employee is engaged in the performance of a duty
mandated by law, court order, or ordinance;
(2) knows that the victim is a public employee engaged in
the performance of the official public duties of the office; and
(3) inflicts demonstrable bodily harm.
Sec. 9. Minnesota Statutes 1990, section 609.322, is
amended to read:
609.322 [SOLICITATION, INDUCEMENT AND PROMOTION OF
PROSTITUTION.]
Subdivision 1. Whoever, while acting other than as a
prostitute or patron, intentionally does either of the following
may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $40,000, or both:
(1) solicits or induces an individual under the age of 13
16 years to practice prostitution; or
(2) promotes the prostitution of an individual under the
age of 13 16 years.
Subd. 1a. Whoever, while acting other than as a prostitute
or patron, intentionally does any of the following may be
sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both:
(1) Solicits or induces an individual at least 13 16 but
less than 16 18 years of age to practice prostitution; or
(2) Solicits or induces an individual to practice
prostitution by means of force; or
(3) Uses a position of authority to solicit or induce an
individual to practice prostitution; or
(4) Promotes the prostitution of an individual in the
following circumstances:
(a) The individual is at least 13 16 but less than 16 18
years of age; or
(b) The actor knows that the individual has been induced or
solicited to practice prostitution by means of force; or
(c) The actor knows that a position of authority has been
used to induce or solicit the individual to practice
prostitution.
Subd. 2. Whoever, while acting other than as a prostitute
or patron, intentionally does any of the following may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both:
(1) Solicits or induces an individual at least 16 but less
than 18 years of age to practice prostitution; or
(2) Solicits or induces an individual to practice
prostitution by means of trick, fraud, or deceit; or
(3) (2) Being in a position of authority, consents to an
individual being taken or detained for the purposes of
prostitution; or
(4) (3) Promotes the prostitution of an individual in the
following circumstances:
(a) The individual is at least 16 but less than 18 years of
age; or
(b) The actor knows that the individual has been induced or
solicited to practice prostitution by means of trick, fraud or
deceit; or
(c) (b) The actor knows that an individual in a position of
authority has consented to the individual being taken or
detained for the purpose of prostitution.
Subd. 3. Whoever, while acting other than as a prostitute
or patron, intentionally does any of the following may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both:
(1) Solicits or induces an individual 18 years of age or
above to practice prostitution; or
(2) Promotes the prostitution of an individual 18 years of
age or older.
Sec. 10. Minnesota Statutes 1990, section 609.323, is
amended to read:
609.323 [RECEIVING PROFIT DERIVED FROM PROSTITUTION.]
Subdivision 1. Whoever, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual under the
age of 13 16 years, may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than
$30,000, or both.
Subd. 1a. Whoever, while acting other than as a prostitute
or patron, intentionally receives profit, knowing or having
reason to know that it is derived from the prostitution, or the
promotion of the prostitution, of an individual in circumstances
described in section 609.322, subdivision 1a, clause (4), may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
Subd. 2. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual in
circumstances described in section 609.322, subdivision 2,
clause (4) (3) may be sentenced to not more than three years
imprisonment or to payment of a fine of not more than $5,000, or
both.
Subd. 3. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution of an individual 18 years
of age or above may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
Subd. 4. This section does not apply to the sale of goods
or services to a prostitute in the ordinary course of a lawful
business.
Sec. 11. Minnesota Statutes 1990, section 609.378,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS GUILTY OF NEGLECT OR
ENDANGERMENT.] The following people are guilty of neglect or
endangerment of a child and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both.
(a) [NEGLECT.] (1) A parent, legal guardian, or caretaker
who willfully deprives a child of necessary food, clothing,
shelter, health care, or supervision appropriate to the child's
age, when the parent, guardian, or caretaker is reasonably able
to make the necessary provisions and the deprivation
substantially harms or is likely to substantially harm the
child's physical or emotional health is guilty of neglect of a
child. If a parent, guardian, or caretaker responsible for the
child's care in good faith selects and depends upon spiritual
means or prayer for treatment or care of disease or remedial
care of the child, this treatment or care is "health care," for
purposes of this clause.
(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect of a child.
(b) [ENDANGERMENT.] A parent, legal guardian, or caretaker
who endangers the child's person or health by:
(1) intentionally causing or permitting a child to be
placed in a situation likely to substantially harm the child's
physical or mental health or cause the child's death; or
(2) knowingly causing or permitting the child to be present
where any person is selling or possessing a controlled
substance, as defined in section 152.01, subdivision 4, in
violation of section 152.021, 152.022, 152.023, or 152.024;
is guilty of child endangerment.
This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).
Sec. 12. [REPORT ON CRIMINAL FINE ASSESSMENTS.]
By December 31, 1992, the state court administrator shall
report the results of the conference of chief judges fine
management study to the chairs of the house and senate judiciary
committees. The report shall include the following information:
(1) data on the total amount of fines imposed on persons
convicted of misdemeanor, gross misdemeanor, and felony offenses
in each judicial district;
(2) the current status of fine collection in each court in
Minnesota, including amounts in a receivable status and an
evaluation of the probability of collection;
(3) an evaluation of various fine collection strategies,
including the results of pilot fine collection projects; and
(4) the policies and procedures adopted by the conference
as a result of the study that are expected to improve the
collection of fines.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 11 are effective August 1, 1992, and apply to
crimes committed on or after that date.
ARTICLE 5
CRIME VICTIMS
Section 1. Minnesota Statutes 1990, section 135A.15, is
amended to read:
135A.15 [SEXUAL HARASSMENT AND VIOLENCE POLICY.]
Subdivision 1. [POLICY REQUIRED.] The governing board of
each public post-secondary system and each public post-secondary
institution shall technical college, community college, or state
university shall, and the University of Minnesota is requested
to, adopt a clear, understandable written policy on sexual
harassment and sexual violence that informs victims of their
rights under the crime victims bill of rights, including the
right to assistance from the crime victims reparations board and
the office of the crime victim ombudsman. The policy must apply
to students and employees and must provide information about
their rights and duties. The policy must apply to criminal
incidents occurring on property owned by the post-secondary
system or institution in which the victim is a student or
employee of that system or institution. It must include
procedures for reporting incidents of sexual harassment or
sexual violence and for disciplinary actions against violators.
During student registration, each public post-secondary
institution shall technical college, community college, or state
university shall, and the University of Minnesota is requested
to, provide each student with information regarding its policy.
A copy of the policy also shall be posted at appropriate
locations on campus at all times. Each private post-secondary
institution that enrolls students who receive state financial
aid must adopt a policy that meets the requirements of this
section. The higher education coordinating board shall
coordinate the policy development of the systems and
institutions and periodically provide for review and necessary
changes in the policies.
Subd. 2. [VICTIMS' RIGHTS.] The policy required under
subdivision 1 shall, at a minimum, require that students and
employees be informed of the policy, and shall include
provisions for:
(1) filing criminal charges with local law enforcement
officials in sexual assault cases;
(2) the prompt assistance of campus authorities, at the
request of the victim, in notifying the appropriate law
enforcement officials and disciplinary authorities of a sexual
assault incident;
(3) an investigation and resolution of a sexual assault
complaint by campus disciplinary authorities;
(4) a sexual assault victim's participation in and the
presence of the victim's attorney or other support person at any
campus disciplinary proceeding concerning a sexual assault
complaint;
(5) notice to a sexual assault victim of the outcome of any
campus disciplinary proceeding concerning a sexual assault
complaint, consistent with laws relating to data practices;
(6) the complete and prompt assistance of campus
authorities, at the direction of law enforcement authorities, in
obtaining, securing, and maintaining evidence in connection with
a sexual assault incident;
(7) the assistance of campus authorities in preserving for
a sexual assault complainant or victim materials relevant to a
campus disciplinary proceeding; and
(8) the assistance of campus personnel, in cooperation with
the appropriate law enforcement authorities, at a sexual assault
victim's request, in shielding the victim from unwanted contact
with the alleged assailant, including transfer of the victim to
alternative classes or to alternative college-owned housing, if
alternative classes or housing are available and feasible.
Sec. 2. Minnesota Statutes 1990, section 260.155, is
amended by adding a subdivision to read:
Subd. 1b. [RIGHT OF ALLEGED VICTIM TO PRESENCE OF
SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision
1 to the contrary, in any delinquency proceedings in which the
alleged victim of the delinquent act is testifying in court, the
victim may choose to have a supportive person who is not
scheduled to be a witness in the proceedings, present during the
testimony of the victim.
Sec. 3. Minnesota Statutes 1990, section 595.02,
subdivision 4, is amended to read:
Subd. 4. [COURT ORDER.] (a) In a proceeding in which a
child less than ten 12 years of age is alleging, denying, or
describing:
(1) an act of physical abuse or an act of sexual contact or
penetration performed with or on the child or any other person
by another; or
(2) an act that constitutes a crime of violence committed
against the child or any other person, the court may, upon its
own motion or upon the motion of any party, order that the
testimony of the child be taken in a room other than the
courtroom or in the courtroom and televised at the same time by
closed-circuit equipment, or recorded for later showing to be
viewed by the jury in the proceeding, to minimize the trauma to
the child of testifying in the courtroom setting and, where
necessary, to provide a setting more amenable to securing the
child witness's uninhibited, truthful testimony.
(b) At the taking of testimony under this subdivision, only
the judge, the attorneys for the defendant and for the state,
any person whose presence would contribute to the welfare and
well-being of the child, persons necessary to operate the
recording or closed-circuit equipment and, in a child protection
proceeding under chapter 260 or a dissolution or custody
proceeding under chapter 518, the attorneys for those parties
with a right to participate may be present with the child during
the child's testimony.
(c) The court shall permit the defendant in a criminal or
delinquency matter to observe and hear the testimony of the
child in person. If the court, upon its own motion or the
motion of any party, determines finds in a hearing conducted
outside the presence of the jury, that the presence of the
defendant during testimony taken pursuant to this subdivision
would psychologically traumatize the witness so as to render the
witness unavailable to testify, the court may order that the
testimony be taken in a manner that:
(1) the defendant can see and hear the testimony of the
child in person and communicate with counsel, but the child
cannot see or hear the defendant; or
(2) the defendant and child can view each other can see and
hear the testimony of the child by video or television monitor
from a separate rooms room and communicate with counsel, but the
child cannot see or hear the defendant.
(d) As used in this subdivision, "crime of violence" has
the meaning given it in section 624.712, subdivision 5, and
includes violations of section 609.26.
Sec. 4. Minnesota Statutes 1990, section 611A.03,
subdivision 1, is amended to read:
Subdivision 1. [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.]
Prior to the entry of the factual basis for a plea pursuant to a
plea agreement recommendation, a prosecuting attorney shall make
a reasonable and good faith effort to inform the victim of:
(a) The contents of the plea agreement recommendation,
including the amount of time recommended for the defendant to
serve in jail or prison if the court accepts the agreement; and
(b) The right to be present at the sentencing hearing and
to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If
the victim is not present when the court considers the
recommendation, but has communicated objections to the
prosecuting attorney, the prosecuting attorney shall make these
objections known to the court.
Sec. 5. Minnesota Statutes 1990, section 611A.034, is
amended to read:
611A.034 [SEPARATE WAITING AREAS IN COURTHOUSE.]
The court shall provide a waiting area for victims during
court proceedings which is separate from the waiting area used
by the defendant, the defendant's relatives, and defense
witnesses, if such a waiting area is available and its use is
practical. If a separate waiting area for victims is not
available or practical, the court shall provide other safeguards
to minimize the victim's contact with the defendant, the
defendant's relatives, and defense witnesses during court
proceedings, such as increased bailiff surveillance and victim
escorts.
Sec. 6. Minnesota Statutes 1990, 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 receive restitution be
considered as part of the disposition of a criminal charge or
juvenile delinquency proceeding against the offender if the
offender is convicted or found delinquent. The request for
restitution shall be made by the victim in writing in affidavit
form. The request court, or a person or agency designated by
the court, shall request information from the victim to
determine the amount of restitution owed. The court or its
designee shall obtain the information from the victim in
affidavit form. Information submitted relating to restitution
must describe the items or elements of loss, itemize the total
dollar amounts of restitution claimed, and specify the reasons
justifying these amounts, if the request is for monetary
restitution is in the form of money 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 at the sentencing or dispositional hearing, all
information regarding restitution 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 and must also be provided to
the offender at least three business days before the sentencing
or dispositional hearing. If the victim's noncooperation
prevents the court or its designee from obtaining competent
evidence regarding restitution, the court is not obligated to
consider information regarding restitution in the sentencing or
dispositional hearing. At the sentencing or dispositional
hearing, the court shall give the offender an opportunity to
respond to specific items of restitution and their dollar
amounts.
(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 information regarding restitution is
filed by the victim or prosecutor in affidavit form was
submitted 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 information relating to restitution has been presented. 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. 7. Minnesota Statutes 1990, section 611A.04,
subdivision 1a, is amended to read:
Subd. 1a. [CRIME BOARD REQUEST.] The crime victims
reparations board may request restitution on behalf of a victim
by filing a copy of a claim for reparations submitted under
sections 611A.52 to 611A.67, along with orders of the board, if
any, which detail any amounts paid by the board to the victim.
The board may file the claim with the court administrator or
with the person or agency the court has designated to obtain
information relating to restitution. In either event, the board
shall submit the claim not less than three business days before
the sentencing or dispositional hearing. If the board submits
the claim directly to the court administrator, it shall also
provide a copy to the offender. The filing of a claim for
reparations with the court administrator shall also serve as a
request for restitution by the victim. The restitution
requested by the board may be considered to be both on its own
behalf and on behalf of the victim. If the board has not paid
reparations to the victim, restitution may be made directly to
the victim. If the board has paid reparations to the victim,
the court shall order restitution payments to be made directly
to the board.
Sec. 8. Minnesota Statutes 1990, section 611A.52,
subdivision 6, is amended to read:
Subd. 6. [CRIME.] (a) "Crime" means conduct that:
(1) occurs or is attempted anywhere within the geographical
boundaries of this state, including Indian reservations and
other trust lands;
(2) poses a substantial threat of personal injury or death;
and
(3) is included within the definition of "crime" in section
609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state; or (ii) the act was alleged or found to have been
committed by a juvenile.
(b) A crime occurs whether or not any person is prosecuted
or convicted but the conviction of a person whose acts give rise
to the claim is conclusive evidence that a crime was committed
unless an application for rehearing, appeal, or petition for
certiorari is pending or a new trial or rehearing has been
ordered.
(c) "Crime" does not include an act involving the operation
of a motor vehicle, aircraft, or watercraft that results in
injury or death, except that a crime includes any of the
following:
(1) injury or death intentionally inflicted through the use
of a motor vehicle, aircraft, or watercraft;
(2) injury or death caused by a driver in violation of
section 169.09, subdivision 1; 169.121; or 609.21; and
(3) injury or death caused by a driver of a motor vehicle
in the immediate act of fleeing the scene of a crime in which
the driver knowingly and willingly participated.
Sec. 9. [611A.76] [CRIME VICTIM SERVICES TELEPHONE LINE.]
The commissioner of public safety shall operate at least
one statewide toll-free 24-hour telephone line for the purpose
of providing crime victims with referrals for victim services
and resources.
Sec. 10. [611A.77] [MEDIATION PROGRAMS FOR CRIME VICTIMS
AND OFFENDERS.]
Subdivision 1. [GRANTS.] The state court administrator
shall award grants to nonprofit organizations to create or
expand mediation programs for crime victims and offenders. For
purposes of this section, "offender" means an adult charged with
a nonviolent crime or a juvenile with respect to whom a petition
for delinquency has been filed in connection with a nonviolent
offense, and "nonviolent crime" and "nonviolent offense" exclude
any offense in which the victim is a family or household member,
as defined in section 518B.01, subdivision 2.
Subd. 2. [PROGRAMS.] The state court administrator shall
award grants to further the following goals:
(1) to expand existing mediation programs for crime victims
and juvenile offenders to also include adult offenders;
(2) to initiate victim-offender mediation programs in areas
that have no victim-offender mediation programs;
(3) to expand the opportunities for crime victims to be
involved in the criminal justice process;
(4) to evaluate the effectiveness of victim-offender
mediation programs in reducing recidivism and encouraging the
payment of court-ordered restitution; and
(5) to evaluate the satisfaction of victims who participate
in the mediation programs.
Subd. 3. [MEDIATOR QUALIFICATIONS.] The state court
administrator shall establish criteria to ensure that mediators
participating in the program are qualified.
Subd. 4. [MATCH REQUIRED.] A nonprofit organization may
not receive a grant under this section unless the group has
raised a matching amount from other sources.
Sec. 11. [EFFECTIVE DATE.]
Sections 5 to 8 are effective August 1, 1992, and apply to
crimes committed on or after that date. Sections 2 and 3 are
effective August 1, 1992, and apply to proceedings conducted on
or after that date.
ARTICLE 6
DOMESTIC ABUSE AND HARASSMENT
Section 1. [480.30] [JUDICIAL TRAINING ON DOMESTIC ABUSE.]
The supreme court's judicial education program on domestic
abuse must include ongoing training for district court judges on
domestic abuse laws and related civil and criminal court
issues. The program must include education on the causes of
family violence and culturally responsive approaches to serving
victims. The program must emphasize the need for the
coordination of court and legal victim advocacy services and
include education on domestic abuse programs and policies within
law enforcement agencies and prosecuting authorities as well as
the court system.
Sec. 2. Minnesota Statutes 1991 Supplement, section
518B.01, subdivision 3a, is amended to read:
Subd. 3a. [FILING FEE.] The filing fees for an order for
protection under this section are waived for the
petitioner. The court administrator and the sheriff of any
county in this state shall perform their duties relating to
service of process without charge to 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, if served by a private process server, when the
sheriff is unavailable or if service is made by publication,
without requiring the petitioner to make application under
section 563.01. 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 1991 Supplement, 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 must state whether 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.
(g) The court shall advise the petitioner of the right to
seek restitution under the petition for relief.
Sec. 4. Minnesota Statutes 1991 Supplement, 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. Except for cases in which custody is
contested, findings under section 257.025, 518.17, or 518.175
are not required. 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 decision on custody and visitation shall in no way
delay the issuance of an order for protection granting other
reliefs provided for in Laws 1985, chapter 195 this section;
(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 the abusing party to pay restitution to the
petitioner; and
(10) 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.
(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.
Sec. 5. Minnesota Statutes 1990, section 518B.01,
subdivision 7, is amended to read:
Subd. 7. [TEMPORARY ORDER.] (a) Where an application under
this section alleges an immediate and present danger of domestic
abuse, the court may grant an ex parte temporary order for
protection, pending a full hearing, and granting relief as the
court deems proper, including an order:
(1) restraining the abusing party from committing acts of
domestic abuse;
(2) excluding any party from the dwelling they share or
from the residence of the other except by further order of the
court; and
(3) excluding the abusing party from the place of
employment of the petitioner or otherwise limiting access to the
petitioner by the abusing party at the petitioner's place of
employment.
(b) A finding by the court that there is a basis for
issuing an ex parte temporary order for protection constitutes a
finding that sufficient reasons exist not to require notice
under applicable court rules governing applications for ex parte
temporary relief.
(c) An ex parte temporary order for protection shall be
effective for a fixed period not to exceed 14 days, except for
good cause as provided under paragraph (c) (d). A full hearing,
as provided by this section, shall be set for not later than
seven days from the issuance of the temporary order. The
respondent shall be served forthwith a copy of the ex parte
order along with a copy of the petition and notice of the date
set for the hearing.
(c) (d) When service is made by published notice, as
provided under subdivision 5, the petitioner may apply for an
extension of the period of the ex parte order at the same time
the petitioner files the affidavit required under that
subdivision. The court may extend the ex parte temporary order
for an additional period not to exceed 14 days. The respondent
shall be served forthwith a copy of the modified ex parte order
along with a copy of the notice of the new date set for the
hearing.
Sec. 6. Minnesota Statutes 1990, section 518B.01,
subdivision 13, is amended to read:
Subd. 13. [COPY TO LAW ENFORCEMENT AGENCY.] (a) An order
for protection granted pursuant to this section shall be
forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the
residence of the applicant.
Each appropriate law enforcement agency shall make
available to other law enforcement officers through a system for
verification, information as to the existence and status of any
order for protection issued pursuant to this section.
(b) If the applicant notifies the court administrator of a
change in the applicant's residence so that a different local
law enforcement agency has jurisdiction over the residence, the
order for protection must be forwarded by the court
administrator to the new law enforcement agency within 24 hours
of the notice. If the applicant notifies the new law
enforcement agency that an order for protection has been issued
under this section and the applicant has established a new
residence within that agency's jurisdiction, within 24 hours the
local law enforcement agency shall request a copy of the order
for protection from the court administrator in the county that
issued the order.
(c) When an order for protection is granted, the applicant
for an order for protection must be told by the court that:
(1) notification of a change in residence should be given
immediately to the court administrator and to the local law
enforcement agency having jurisdiction over the new residence of
the applicant;
(2) the reason for notification of a change in residence is
to forward an order for protection to the proper law enforcement
agency; and
(3) the order for protection must be forwarded to the law
enforcement agency having jurisdiction over the new residence
within 24 hours of notification of a change in residence,
whether notification is given to the court administrator or to
the local law enforcement agency having jurisdiction over the
applicant's new residence.
An order for protection is enforceable even if the
applicant does not notify the court administrator or the
appropriate law enforcement agency of a change in residence.
Sec. 7. Minnesota Statutes 1991 Supplement, 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. Upon conviction, the defendant must be sentenced
to a minimum of three days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected
by the court. If the court stays imposition or execution of the
jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute
the stayed jail sentence. A person who violates this paragraph
within two years after a previous conviction under this
paragraph or within two years after a previous conviction under
a similar law of another state, 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. Upon conviction, the
defendant must be sentenced to a minimum of ten days
imprisonment and must be ordered to participate in counseling or
other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and
execute the minimum sentence provided in this paragraph for
gross misdemeanor convictions.
(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. The person shall be held in custody for at least
36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial
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, 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. 8. Minnesota Statutes 1990, section 518B.01, is
amended by adding a subdivision to read:
Subd. 20. [STATEWIDE APPLICATION.] An order for protection
granted under this section applies throughout this state.
Sec. 9. Minnesota Statutes 1990, section 518B.01, is
amended by adding a subdivision to read:
Subd. 21. [ORDER FOR PROTECTION FORMS.] The state court
administrator, in consultation with the advisory council on
battered women, city and county attorneys, and legal advocates
who work with victims, shall develop a uniform order for
protection form that will facilitate the consistent enforcement
of orders for protection throughout the state.
Sec. 10. Minnesota Statutes 1990, section 609.02, is
amended by adding a subdivision to read:
Subd. 14. [ELECTRONIC MONITORING DEVICE.] As used in
sections 609.135, subdivision 5a, 611A.07, and 629.72,
subdivision 2a, "electronic monitoring device" means a radio
frequency transmitter unit that is worn at all times on the
person of a defendant in conjunction with a receiver unit that
is located in the victim's residence or on the victim's person.
The receiver unit emits an audible and visible signal whenever
the defendant with a transmitter unit comes within a designated
distance from the receiver unit.
Sec. 11. Minnesota Statutes 1990, section 609.135,
subdivision 5, is amended to read:
Subd. 5. If a person is convicted of assaulting a spouse
or other person with whom the person resides, and the court
stays imposition or execution of sentence and places the
defendant on probation, the court may must condition the stay
upon the defendant's participation in counseling or other
appropriate programs selected by the court.
Sec. 12. Minnesota Statutes 1990, section 609.135, is
amended by adding a subdivision to read:
Subd. 5a. [DOMESTIC ABUSE VICTIMS; ELECTRONIC
MONITORING.] (a) Until the commissioner of corrections has
adopted standards governing electronic monitoring devices used
to protect victims of domestic abuse, the court, as a condition
of a stay of imposition or execution of a sentence, may not
order an offender convicted of a crime described in paragraph
(b) to use an electronic monitoring device to protect a victim's
safety.
(b) This subdivision applies to the following crimes, if
committed by the defendant against a family or household member
as defined in section 518B.01, subdivision 2:
(1) violations of orders for protection issued under
chapter 518B;
(2) assault in the first, second, third, or fifth degree
under section 609.221, 609.222, 609.223, or 609.224;
(3) criminal damage to property under section 609.595;
(4) disorderly conduct under section 609.72;
(5) harassing telephone calls under section 609.79;
(6) burglary under section 609.582;
(7) trespass under section 609.605;
(8) criminal sexual conduct in the first, second, third,
fourth, or fifth degree under section 609.342, 609.343, 609.344,
609.345, or 609.3451; and
(9) terroristic threats under section 609.713.
(c) Notwithstanding paragraph (a), the judges in the tenth
judicial district may order, as a condition of a stay of
imposition or execution of a sentence, a defendant convicted of
a crime described in paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The judges
shall make data on the use of electronic monitoring devices to
protect a victim's safety in the tenth judicial district
available to the commissioner of corrections to evaluate and to
aid in development of standards for the use of devices to
protect victims of domestic abuse.
Sec. 13. Minnesota Statutes 1990, section 609.224,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim within five
years of a previous conviction under subdivision 1 or, sections
609.221 to 609.2231, or any similar law of another state, may be
sentenced to imprisonment for not more than one year or to a
payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within
two years of a previous conviction under subdivision 1 or
sections 609.221 to 609.2231 may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more
than $3,000, or both.
Sec. 14. Minnesota Statutes 1990, section 609.746,
subdivision 2, is amended to read:
Subd. 2. [INTRUSION ON PRIVACY.] A person who, with the
intent to harass, abuse, or threaten another, repeatedly follows
or pursues another, after being told not to do so by the person
being followed or pursued, is guilty of a misdemeanor. A person
is guilty of a gross misdemeanor who:
(1) violates this subdivision within two years after a
previous conviction under this subdivision or section 609.224;
or
(2) violates this subdivision against the same victim
within five years after a previous conviction under this
subdivision or section 609.224.
Sec. 15. Minnesota Statutes 1991 Supplement, section
609.748, subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) 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. Upon
receipt of the petition, the court shall order a hearing, which
must be held not later than 14 days from the date of the order.
Personal service must be made upon the respondent not less than
five days before the hearing. If personal service cannot be
completed in time to give the respondent the minimum notice
required under this paragraph, the court may set a new hearing
date.
(b) Notwithstanding paragraph (a), the order for a hearing
and a temporary order issued under subdivision 4 may be served
on the respondent by means of a one-week published notice under
section 645.11, if:
(1) the petitioner files an affidavit with the court
stating that an attempt at personal service made by a sheriff
was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the petition and order for hearing and any
temporary restraining order has been mailed to the respondent at
the respondent's residence or the respondent's residence is not
known to the petitioner.
Sec. 16. Minnesota Statutes 1991 Supplement, 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 copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as
provided in subdivision 3. 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 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 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 or if service is made by published notice under
subdivision 3 and the petitioner files the affidavit required
under that subdivision.
Sec. 17. Minnesota Statutes 1990, section 609.748,
subdivision 5, is amended to read:
Subd. 5. [RESTRAINING ORDER.] (a) The court may grant a
restraining order ordering the respondent to cease or avoid the
harassment of another person or to have no contact with that
person if all of the following occur:
(1) the petitioner has filed a petition under subdivision
3;
(2) the sheriff has served respondent with a copy of the
temporary restraining order obtained under subdivision 4, and
with notice of the time and place of the hearing, or service has
been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are
reasonable grounds to believe that the respondent has engaged in
harassment.
A restraining order may be issued only against the respondent
named in the petition. Relief granted by the restraining order
must be for a fixed period of not more than two years.
(b) The order may be served on the respondent by means of a
one-week published notice under section 645.11, if:
(1) the petitioner files an affidavit with the court
stating that an attempt at personal service made by a sheriff
was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the order is mailed to the respondent at the
respondent's residence or the respondent is not known to the
petitioner.
Service under this paragraph is complete seven days after
publication An order issued under this subdivision must be
personally served upon the respondent.
Sec. 18. Minnesota Statutes 1990, section 611A.0311,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PLAN.] The commissioner of public
safety shall select five county attorneys and five city
attorneys whose jurisdictions have higher than a 50 percent
dismissal rate of domestic abuse cases and direct them to Each
county and city attorney shall develop and implement a written
plan to expedite and improve the efficiency and just disposition
of domestic abuse cases brought to the prosecuting authority.
Domestic abuse advocates, law enforcement officials, and other
interested members of the public must have an opportunity to
assist in the development of a model plan and in the development
or adaptation of the plans in each of the jurisdictions selected
for the pilot program jurisdiction. Once a model plan is
developed, The commissioner shall make it the model and related
training and technical assistance available to all city and
county attorneys regardless of whether they are participating in
the pilot program. All plans must state goals and contain
policies and procedures to address the following matters:
(1) early assignment of a trial prosecutor who has the
responsibility of handling the domestic abuse case through
disposition, whenever feasible, or, where applicable, probation
revocation; and early contact between the trial prosecutor and
the victim;
(2) procedures to facilitate the earliest possible contact
between the prosecutor's office and the victim for the purpose
of acquainting the victim with the criminal justice process, the
use of subpoenas, the victim's role as a witness in the
prosecution, and the domestic abuse or victim services that are
available;
(3) procedures to coordinate the trial prosecutor's efforts
with those of the domestic abuse advocate or victim advocate,
where available, and to facilitate the early provision of
advocacy services to the victim;
(4) procedures to encourage the prosecution of all domestic
abuse cases where a crime can be proven;
(5) methods that will be used to identify, gather, and
preserve evidence in addition to the victim's in-court testimony
that will enhance the ability to prosecute a case when a victim
is reluctant to assist, including but not limited to physical
evidence of the victim's injury, evidence relating to the scene
of the crime, eyewitness testimony, and statements of the victim
made at or near the time of the injury;
(5) (6) procedures for educating local law enforcement
agencies about the contents of the plan and their role in
assisting with its implementation;
(6) (7) the use for subpoenas to victims and witnesses,
where appropriate;
(7) (8) procedures for annual review of the plan to
evaluate whether it is meeting its goals effectively and whether
improvements are needed; and
(8) (9) a timetable for implementation.
Sec. 19. Minnesota Statutes 1990, section 611A.0311,
subdivision 3, is amended to read:
Subd. 3. [COPY NOTICE FILED WITH DEPARTMENT OF PUBLIC
SAFETY.] A copy of the written plan must be filed with the
commissioner of public safety on or before November 15, 1990.
The Each city and county attorneys selected for the pilot
program attorney shall file a status report on the pilot program
notice that a prosecution plan has been adopted with the
commissioner of public safety by January 1, 1992. The status
report must contain information on the number of prosecutions
and dismissals of domestic abuse cases in the prosecutor's
office June 1, 1994.
Sec. 20. [611A.07] [ELECTRONIC MONITORING TO PROTECT
DOMESTIC ABUSE VICTIMS; STANDARDS.]
Subdivision 1. [GENERALLY.] The commissioner of
corrections, after considering the recommendations of the
battered women advisory council and the sexual assault advisory
council, and in collaboration with the commissioner of public
safety, shall adopt standards governing electronic monitoring
devices used to protect victims of domestic abuse. In
developing proposed standards, the commissioner shall consider
the experience of the courts in the tenth judicial district in
the use of the devices to protect victims of domestic abuse.
These standards shall promote the safety of the victim and shall
include measures to avoid the disparate use of the device with
communities of color, product standards, monitoring agency
standards, and victim disclosure standards.
Subd. 2. [REPORT TO LEGISLATURE.] By January 1, 1993, the
commissioner of corrections shall report to the legislature on
the proposed standards for electronic monitoring devices used to
protect victims of domestic abuse.
Sec. 21. Minnesota Statutes 1991 Supplement, section
611A.32, subdivision 1, is amended to read:
Subdivision 1. [GRANTS AWARDED.] The commissioner shall
award grants to programs which provide emergency shelter
services and support services to battered women and 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. By July 1, 1995,
community-based domestic abuse advocacy and support services
programs must be established in every judicial assignment
district.
Sec. 22. [629.342] [LAW ENFORCEMENT POLICIES FOR DOMESTIC
ABUSE ARRESTS.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"domestic abuse" has the meaning given in section 518B.01,
subdivision 2.
Subd. 2. [POLICIES REQUIRED.] (a) Each law enforcement
agency shall develop, adopt, and implement a written policy
regarding arrest procedures for domestic abuse incidents. In
the development of a policy, each law enforcement agency shall
consult with domestic abuse advocates, community organizations,
and other law enforcement agencies with expertise in the
recognition and handling of domestic abuse incidents. The
policy shall discourage dual arrests, include consideration of
whether one of the parties acted in self defense, and provide
guidance to officers concerning instances in which officers
should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.
(b) The bureau of criminal apprehension, the board of peace
officer standards and training, and the battered women's
advisory council appointed by the commissioner of corrections
under section 611A.34, in consultation with the Minnesota chiefs
of police association, the Minnesota sheriffs association, and
the Minnesota police and peace officers association, shall
develop a written model policy regarding arrest procedures for
domestic abuse incidents for use by local law enforcement
agencies. Each law enforcement agency may adopt the model
policy in lieu of developing its own policy under the provisions
of paragraph (a).
(c) Local law enforcement agencies that have already
developed a written policy regarding arrest procedures for
domestic abuse incidents before the effective date of this
subdivision are not required to develop a new policy but must
review their policies and consider the written model policy
developed under paragraph (b).
Subd. 3. [ASSISTANCE TO VICTIM WHERE NO ARREST.] If a law
enforcement officer does not make an arrest when the officer has
probable cause to believe that a person is committing or has
committed domestic abuse or violated an order for protection,
the officer shall provide immediate assistance to the victim.
Assistance includes:
(1) assisting the victim in obtaining necessary medical
treatment; and
(2) providing the victim with the notice of rights under
section 629.341, subdivision 3.
Subd. 4. [IMMUNITY.] A peace officer acting in good faith
and exercising due care in providing assistance to a victim
pursuant to subdivision 3 is immune from civil liability that
might result from the officer's action.
Sec. 23. [629.531] [ELECTRONIC MONITORING AS A CONDITION
OF PRETRIAL RELEASE.]
If a court orders electronic monitoring as a condition of
pretrial release, it may not use the electronic monitoring as a
determining factor in deciding what the appropriate level of the
defendant's money bail or appearance bond should be.
Sec. 24. Minnesota Statutes 1990, section 629.72, is
amended by adding a subdivision to read:
Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF
PRETRIAL RELEASE.] (a) Until the commissioner of corrections has
adopted standards governing electronic monitoring devices used
to protect victims of domestic abuse, the court, as a condition
of release, may not order a person arrested for a crime
described in section 609.135, subdivision 5a, paragraph (b), to
use an electronic monitoring device to protect a victim's safety.
(b) Notwithstanding paragraph (a), district courts in the
tenth judicial district may order, as a condition of a release,
a person arrested on a charge of a crime described in section
609.135, subdivision 5a, paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The courts
shall make data on the use of electronic monitoring devices to
protect a victim's safety in the tenth judicial district
available to the commissioner of corrections to evaluate and to
aid in development of standards for the use of devices to
protect victims of domestic abuse.
Sec. 25. Minnesota Statutes 1990, section 630.36,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] The issues on the calendar shall
be disposed of in the following order, unless, upon the
application of either party, for good cause, the court directs
an indictment or complaint to be tried out of its order:
(1) indictments or complaints for felony, where the
defendant is in custody;
(2) indictments or complaints for misdemeanor, where the
defendant is in custody;
(3) indictments or complaints alleging child abuse, as
defined in subdivision 2, where the defendant is on bail;
(4) indictments or complaints alleging domestic assault, as
defined in subdivision 3, where the defendant is on bail;
(5) indictments or complaints for felony, where the
defendant is on bail; and
(5) (6) indictments or complaints for misdemeanor, where
the defendant is on bail.
After a plea, the defendant shall be entitled to at least
four days to prepare for trial, if the defendant requires it.
Sec. 26. Minnesota Statutes 1990, section 630.36, is
amended by adding a subdivision to read:
Subd. 3. [DOMESTIC ASSAULT DEFINED.] As used in
subdivision 1, "domestic assault" means an assault committed by
the actor against a family or household member, as defined in
section 518B.01, subdivision 2.
Sec. 27. [EFFECTIVE DATE.]
Sections 4, paragraph (a), clause (3); and 5 are effective
the day following final enactment.
Sections 7, 11, and 13 are effective August 1, 1992, and
apply to crimes committed on or after that date.
ARTICLE 7
JUVENILES
Section 1. Minnesota Statutes 1990, section 260.125,
subdivision 3a, is amended to read:
Subd. 3a. [PRIOR REFERENCE; EXCEPTION.] Notwithstanding
the provisions of subdivisions 2 and 3, the court shall order a
reference in any case where the prosecutor shows that the child
has been previously referred for prosecution on a felony charge
by an order of reference issued pursuant to either a hearing
held under subdivision 2 or pursuant to the waiver of the right
to such a hearing, other than a prior reference in the same case.
This subdivision only applies if the child is convicted of
the offense or offenses for which the child was prosecuted
pursuant to the order of reference or of a lesser included
offense which is a felony.
This subdivision does not apply to juvenile offenders who
are subject to criminal court jurisdiction under section 609.055.
Sec. 2. Minnesota Statutes 1990, section 260.151,
subdivision 1, is amended to read:
Subdivision 1. Upon request of the court the county
welfare board or probation officer shall investigate the
personal and family history and environment of any minor coming
within the jurisdiction of the court under section 260.111 and
shall report its findings to the court. The court may order any
minor coming within its jurisdiction to be examined by a duly
qualified physician, psychiatrist, or psychologist appointed by
the court.
The court shall have a chemical use assessment conducted
when a child is (1) found to be delinquent for violating a
provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer
determines that alcohol or drug use was a contributing factor in
the commission of the offense, or (2) alleged to be delinquent
for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's
qualifications and the assessment criteria shall comply with
Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended
treatment, the assessment and placement must comply with all
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of public safety shall
reimburse the court for the cost of the chemical use assessment,
up to a maximum of $100.
With the consent of the commissioner of corrections and
agreement of the county to pay the costs thereof, the court may,
by order, place a minor coming within its jurisdiction in an
institution maintained by the commissioner for the detention,
diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given
due consideration in the disposition of the case. Adoption
investigations shall be conducted in accordance with the laws
relating to adoptions. Any funds received under the provisions
of this subdivision shall not cancel until the end of the fiscal
year immediately following the fiscal year in which the funds
were received. The funds are available for use by the
commissioner of corrections during that period and are hereby
appropriated annually to the commissioner of corrections as
reimbursement of the costs of providing these services to the
juvenile courts.
Sec. 3. Minnesota Statutes 1990, section 260.155,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Except for hearings arising
under section 260.261, hearings on any matter shall be without a
jury and may be conducted in an informal manner. The rules of
evidence promulgated pursuant to section 480.0591 and the law of
evidence shall apply in adjudicatory proceedings involving a
child alleged to be delinquent, in need of protection or
services under section 260.015, subdivision 2a, clause (11) or
(12), or a juvenile petty offender, and hearings conducted
pursuant to section 260.125 except to the extent that the rules
themselves provide that they do not apply. Except for
proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of
parental rights, hearings may be continued or adjourned from
time to time. In proceedings involving a child alleged to be in
need of protection or services and petitions for the termination
of parental rights, hearings may not be continued or adjourned
for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of
the child. If a hearing is held on a petition involving
physical or sexual abuse of a child who is alleged to be in need
of protection or services or neglected and in foster care, the
court shall file the decision with the court administrator as
soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is
ordered in any proceeding, the court may make any interim orders
as it deems in the best interests of the minor in accordance
with the provisions of sections 260.011 to 260.301. The court
shall exclude the general public from these hearings and shall
admit only those persons who, in the discretion of the court,
have a direct interest in the case or in the work of the court;
except that, the court shall open the hearings to the public in
delinquency proceedings where the child is alleged to have
committed an offense or has been proven to have committed an
offense that would be a felony if committed by an adult and the
child was at least 16 years of age at the time of the offense.
In all delinquency cases a person named in the charging clause
of the petition as a person directly damaged in person or
property shall be entitled, upon request, to be notified by the
court administrator in writing, at the named person's last known
address, of (1) the date of the reference or adjudicatory
hearings, and (2) the disposition of the case. Adoption
hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.
Sec. 4. Minnesota Statutes 1990, section 260.161,
subdivision 1, is amended to read:
Subdivision 1. (a) The juvenile court judge shall keep
such minutes and in such manner as the court deems necessary and
proper. Except as provided in paragraph (b), the court shall
keep and maintain records pertaining to delinquent adjudications
until the person reaches the age of 23 years and shall release
the records on an individual to a requesting adult court for
purposes of sentencing, or to an adult court or juvenile court
as required by the right of confrontation of either the United
States Constitution or the Minnesota Constitution. The juvenile
court shall provide, upon the request of any other juvenile
court, copies of the records concerning adjudications involving
the particular child. The court shall also keep an index in
which files pertaining to juvenile matters shall be indexed
under the name of the child. After the name of each file shall
be shown the file number and, if ordered by the court, the book
and page of the register in which the documents pertaining to
such file are listed. The court shall also keep a register
properly indexed in which shall be listed under the name of the
child all documents filed pertaining to the child and in the
order filed. The list shall show the name of the document and
the date of filing thereof. The juvenile court legal records
shall be deposited in files and shall include the petition,
summons, notice, findings, orders, decrees, judgments, and
motions and such other matters as the court deems necessary and
proper. The legal records maintained in this file shall be open
at all reasonable times to the inspection of any child to whom
the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.345, until the offender reaches the age of 25. If the
offender commits another violation of sections 609.342 to
609.345 as an adult, the court shall retain the juvenile records
for as long as the records would have been retained if the
offender had been an adult at the time of the juvenile offense.
This paragraph does not apply unless the juvenile was
represented by an attorney when the petition was admitted or
proven.
Sec. 5. Minnesota Statutes 1990, section 260.161, is
amended by adding a subdivision to read:
Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF
CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to
the bureau of criminal apprehension the following data on
juveniles adjudicated delinquent for having committed an act
described in subdivision 1, paragraph (b):
(1) the name and birth date of the juvenile;
(2) the type of act for which the juvenile was adjudicated
delinquent and date of the offense; and
(3) the date and county of the adjudication.
(b) The bureau shall retain data on a juvenile until the
offender reaches the age of 25. If the offender commits another
violation of sections 609.342 to 609.345 as an adult, the bureau
shall retain the data for as long as the data would have been
retained if the offender had been an adult at the time of the
juvenile offense.
Sec. 6. Minnesota Statutes 1990, section 260.172,
subdivision 1, is amended to read:
Subdivision 1. (a) If a child was taken into custody under
section 260.165, subdivision 1, clause (a) or (c)(2), the court
shall hold a hearing within 72 hours of the time the child was
taken into custody, excluding Saturdays, Sundays, and holidays,
to determine whether the child should continue in custody.
(b) In all other cases, the court shall hold a detention
hearing:
(1) within 36 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at a juvenile secure detention facility or
shelter care facility; or
(2) within 24 hours of the time the child was taken into
custody, excluding Saturdays, Sundays, and holidays, if the
child is being held at an adult jail or municipal lockup.
(c) Unless there is reason to believe that the child would
endanger self or others, not return for a court hearing, run
away from the child's parent, guardian, or custodian or
otherwise not remain in the care or control of the person to
whose lawful custody the child is released, or that the child's
health or welfare would be immediately endangered, the child
shall be released to the custody of a parent, guardian,
custodian, or other suitable person, subject to reasonable
conditions of release including, but not limited to, a
requirement that the child undergo a chemical use assessment as
provided in section 260.151, subdivision 1. In determining
whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would
reside with a perpetrator of domestic child abuse. In a
proceeding regarding a child in need of protection or services,
the court, before determining whether a child should continue in
custody, shall also make a determination, consistent with
section 260.012 as to whether reasonable efforts, or in the case
of an Indian child, active efforts, according to the Indian
Child Welfare Act of 1978, United States Code, title 25, section
1912(d), were made to prevent placement or to reunite the child
with the child's family, or that reasonable efforts were not
possible. The court shall also determine whether there are
available services that would prevent the need for further
detention.
If the court finds the social services agency's preventive
or reunification efforts have not been reasonable but further
preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize
or continue the removal of the child.
Sec. 7. Minnesota Statutes 1990, section 260.181, is
amended by adding a subdivision to read:
Subd. 3a. [REPORTS; JUVENILES PLACED OUT OF STATE.] (a)
Whenever a child is placed in a residential program located
outside of this state pursuant to a disposition order issued
under section 260.185 or 260.191, the juvenile court
administrator shall report the following information to the
state court administrator:
(1) the fact that the placement is out of state;
(2) the type of placement; and
(3) the reason for the placement.
(b) By July 1, 1994, and each year thereafter, the state
court administrator shall file a report with the legislature
containing the information reported under paragraph (a) during
the previous calendar year.
Sec. 8. Minnesota Statutes 1990, section 260.185, is
amended by adding a subdivision to read:
Subd. 1a. [POSSESSION OF FIREARM.] If the child is
petitioned and found delinquent by the court, and the court also
finds that the child was in possession of a firearm at the time
of the offense, in addition to any other disposition the court
shall order that the firearm be immediately seized and shall
order that the child be required to serve at least 100 hours of
community work service unless the child is placed in a
residential treatment program or a juvenile correctional
facility.
Sec. 9. Minnesota Statutes 1990, section 260.185,
subdivision 4, is amended to read:
Subd. 4. All orders for supervision under subdivision 1,
clause (b) shall be for an indeterminate period unless otherwise
specified by the court, and shall be reviewed by the court at
least annually. All orders under subdivision 1, clause (c)
shall be for a specified length of time set by the court.
However, before an order has expired and upon the court's own
motion or that of any interested party, the court has continuing
jurisdiction to renew the order or, after notice to the parties
and a hearing, make some other disposition of the case, until
the individual is no longer a minor becomes 19 years of age.
Any person to whom legal custody is transferred shall report to
the court in writing at such periods as the court may direct.
Sec. 10. [299C.095] [SYSTEM FOR IDENTIFICATION OF
ADJUDICATED JUVENILES.]
The bureau shall establish a system for recording the data
on adjudicated juveniles received from the juvenile courts under
section 5. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to a person
who has access to the juvenile court records as provided in
section 260.161 or under court rule.
Sec. 11. Minnesota Statutes 1990, section 546.27,
subdivision 1, is amended to read:
Subdivision 1. (a) When an issue of fact has been tried by
the court, the decision shall be in writing, the facts found and
the conclusion of law shall be separately stated, and judgment
shall be entered accordingly. Except as provided in paragraph
(b), all questions of fact and law, and all motions and matters
submitted to a judge for a decision in trial and appellate
matters, shall be disposed of and the decision filed with the
court administrator within 90 days after such submission, unless
sickness or casualty shall prevent, or the time be extended by
written consent of the parties. No part of the salary of any
judge shall be paid unless the voucher therefor be accompanied
by a certificate of the judge that there has been full
compliance with the requirements of this section.
(b) If a hearing has been held on a petition under chapter
260 involving physical or sexual abuse of a child who is alleged
to be in need of protection or services or neglected and in
foster care, the decision must be filed within 15 days after the
matter is submitted to the judge.
Sec. 12. Minnesota Statutes 1990, section 609.055, is
amended to read:
609.055 [LIABILITY OF CHILDREN.]
Subdivision 1. [GENERAL RULE.] Children under the age of
14 years are incapable of committing crime.
Subd. 2. [ADULT PROSECUTION.] Children of the age of 14
years or over but under 18 years may be prosecuted for a
criminal offense if the alleged violation is duly referred to
the appropriate prosecuting authority in accordance with the
provisions of chapter 260. A child who is 16 years of age or
older but under 18 years of age is capable of committing a crime
and may be prosecuted for a felony if:
(1) the child has been previously referred for prosecution
on a felony charge by an order of reference issued pursuant to a
hearing under section 260.125, subdivision 2, or pursuant to the
waiver of the right to such a hearing, or prosecuted pursuant to
this subdivision; and
(2) the child was convicted of the felony offense or
offenses for which the child was prosecuted or of a lesser
included felony offense.
Sec. 13. [ADVISORY TASK FORCE ON THE JUVENILE JUSTICE
SYSTEM.]
Subdivision 1. [MEMBERSHIP.] The supreme court shall
conduct a study of the juvenile justice system. To conduct the
study, the court shall convene an advisory task force on the
juvenile justice system, consisting of the following 20 members:
(1) four judges appointed by the chief justice of the
supreme court;
(2) two members of the house of representatives, one of
whom must be a member of the minority party, appointed by the
speaker, and two members of the senate, one of whom must be a
member of the minority party, appointed by the subcommittee on
committees of the senate committee on rules and administration;
(3) two professors of law appointed by the chief justice of
the supreme court;
(4) the state public defender;
(5) one county attorney who is responsible for juvenile
court matters, appointed by the chief justice of the supreme
court on recommendation of the Minnesota county attorneys
association;
(6) two corrections administrators appointed by the
governor, one from a community corrections act county and one
from a noncommunity corrections act county;
(7) the commissioner of human services;
(8) the commissioner of corrections;
(9) two public members appointed by the governor, one of
whom is a victim of crime; and
(10) two law enforcement officers who are responsible for
juvenile delinquency matters, appointed by the governor.
Subd. 2. [SELECTION OF CHAIR.] The task force shall select
a chair from among its membership other than the members
appointed under subdivision 1, clause (2).
Subd. 3. [STAFF.] The task force may employ necessary
staff to provide legal counsel, research, and clerical
assistance.
Subd. 4. [DUTIES.] The task force shall conduct a study of
the juvenile justice system and make recommendations concerning
the following:
(1) the juvenile certification process;
(2) the retention of juvenile delinquency adjudication
records and their use in subsequent adult proceedings;
(3) the feasibility of a system of statewide juvenile
guidelines;
(4) the effectiveness of various juvenile justice system
approaches, including behavior modification and treatment; and
(5) the extension to juveniles of a nonwaivable right to
counsel and a right to a jury trial.
Subd. 5. [REPORT.] The task force shall submit a written
report to the governor and the legislature by December 1, 1993,
containing its findings and recommendations. The task force
expires upon submission of its report.
Sec. 14. [PLAN TO INCREASE OPPORTUNITIES FOR JUVENILES AND
YOUNG ADULTS.]
Subdivision 1. [COMPREHENSIVE PLAN.] The advisory task
force on mentoring and community service shall, by January 15,
1993, propose to the legislature a comprehensive plan to improve
and increase opportunities for juveniles and young adults to
engage in meaningful service and work that benefits communities
and the state. The plan shall reflect the legislature's intent
to prevent crime and to minimize the expenditure of limited
corrections resources by engaging young people in constructive
alternatives to criminal and other antisocial activities. The
plan shall also reflect the legislature's recognition that each
young person has significant strengths, and that state
investment should build on these strengths rather than plan for
failure. The plan must include at least the following
components:
(1) an analysis of the fiscal impact of the state's
sentencing and corrections policies, including unfunded
liabilities for state and local governments;
(2) policies to assure school-to-work transition for
noncollege bound young adults;
(3) policies to improve community service opportunities for
young people;
(4) policies to assure well-supervised summer and
year-round employment opportunities that teach young people a
strong work ethic;
(5) policies to improve role models for young people by
increasing mentoring and tutoring opportunities; and
(6) recommendations for funding new programs, including
redirecting and reprioritizing existing resources.
Subd. 2. [LEGISLATIVE MEMBERS.] The speaker of the house
and the majority leader of the senate shall each appoint three
legislators to serve as nonvoting members of the advisory task
force.
Subd. 3. [CONSULTATION.] In developing the plan required
by subdivision 1, the advisory task force on mentoring and
community service shall consult with the department of jobs and
training, the department of natural resources, the higher
education coordinating board, the office of volunteer services,
the department of education, and other appropriate agencies.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 12 are effective August 1, 1992, and apply to
violations occurring on or after that date. Section 13 is
effective the day following final enactment.
ARTICLE 8
SEX OFFENDER TREATMENT
Section 1. Minnesota Statutes 1990, section 241.67,
subdivision 1, is amended to read:
Subdivision 1. [SEX OFFENDER TREATMENT.] A sex offender
treatment system is established under the administration of the
commissioner of corrections to provide and finance a range of
sex offender treatment programs for eligible adults and
juveniles. Eligible Offenders who are eligible to receive
treatment, within the limits of available funding, are:
(1) adults and juveniles committed to the custody of the
commissioner;
(2) adult offenders for whom treatment is required by the
court as a condition of probation; and
(3) juvenile offenders who have been found delinquent or
received a stay of adjudication, for whom the juvenile court has
ordered treatment; and
(4) adults and juveniles who are eligible for
community-based treatment under the sex offender treatment fund
established in section 4.
Sec. 2. Minnesota Statutes 1990, section 241.67,
subdivision 2, is amended to read:
Subd. 2. [TREATMENT PROGRAM STANDARDS.] By July 1,
1991, (a) The commissioner shall adopt rules under chapter 14
for the certification of adult and juvenile sex offender
treatment programs in state and local correctional facilities.
The rules shall require that sex offender treatment programs be
at least four months in duration. After July 1, 1991, A
correctional facility may not operate a sex offender treatment
program unless the program has met the standards adopted by and
been certified by the commissioner of corrections. As used in
this subdivision, "correctional facility" has the meaning given
it in section 241.021, subdivision 1, clause (5).
(b) By July 1, 1994, the commissioner shall adopt rules
under chapter 14 for the certification of community-based adult
and juvenile sex offender treatment programs not operated in
state or local correctional facilities.
(c) In addition to other certification requirements
established under paragraphs (a) and (b), rules adopted by the
commissioner must require all certified programs to participate
in an ongoing outcome-based evaluation and quality management
system established by the commissioner.
Sec. 3. Minnesota Statutes 1990, section 241.67, is
amended by adding a subdivision to read:
Subd. 7. [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a)
Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority
to the funding of juvenile sex offender programs over the
funding of adult sex offender programs.
(b) Every county or private sex offender program that seeks
new or continued state funding or reimbursement shall provide
the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The
commissioner shall deny state funding or reimbursement to any
county or private program that fails to provide this information
or that appears to be an ineffective program.
Sec. 4. [241.671] [SEX OFFENDER TREATMENT FUND.]
Subdivision 1. [TREATMENT FUND ADMINISTRATION.] A sex
offender treatment fund is established to pay for
community-based sex offender treatment for adults and
juveniles. The commissioner of corrections and the commissioner
of human services shall establish an interagency staff work
group to coordinate agency activities relating to sex offender
treatment. The commissioner of human services is responsible
for administering the sex offender treatment fund, including
establishing requirements for submitting claims for payment,
paying vendors, and enforcing the county maintenance of effort
requirement in subdivision 7. The commissioner of corrections
is responsible for overseeing and coordinating a statewide sex
offender treatment system under section 241.67, subdivision 1;
certifying sex offender treatment providers under section
241.67, subdivision 2, paragraph (b); establishing eligibility
criteria and an assessment process under subdivision 3;
determining county allocations of treatment fund money under
subdivision 4; and approving special project grants under
subdivision 5. The county is responsible for developing and
coordinating sex offender treatment services under the
supervision of the commissioner of corrections, approving sex
offender treatment vendors under subdivision 8, approving
persons for treatment within the limits of the county's
allocation of treatment fund money under subdivision 4, and
selecting an eligible vendor to provide the appropriate level of
treatment to each person who is eligible to receive treatment
and for whom funding is available. The assessment of
eligibility and treatment needs under subdivision 3 must be
conducted by the agency responsible for probation services. If
this agency is not a county agency, the county shall enter into
an agreement with the agency that prescribes the process for
county approval of treatment and treatment vendors within the
limits of the county's allocation of treatment fund money. The
commissioner of corrections shall adopt rules under chapter 14
governing the sex offender treatment fund. At the request of
the commissioner of corrections, the commissioner of human
services shall provide technical assistance relating to the
duties required under this section. The commissioner of
corrections and the commissioner of human services shall
coordinate activities relating to the sex offender treatment
fund with activities relating to the consolidated chemical
dependency treatment fund.
Subd. 2. [PERSONS ELIGIBLE TO RECEIVE TREATMENT.] Within
the limits of available funding, the sex offender treatment fund
pays for sex offender treatment for sex offenders who have been
ordered by the court to receive treatment and high-risk persons
who seek treatment voluntarily. For purposes of this section, a
sex offender is an adult who has been convicted under, or a
juvenile who has been adjudicated to be delinquent based on a
violation of, section 609.342; 609.343; 609.344; 609.345;
609.3451; 609.746, subdivision 1; 609.79; or 617.23, or another
offense arising out of a charge or delinquency petition based on
one or more of those sections. The treatment fund pays for
treatment only to the extent that the costs of treatment cannot
be met by the person's income or assets, health coverage, or
other resources. Payment may be made on behalf of eligible
persons only if:
(1) the person has been assessed and determined to be in
need of community-based treatment under subdivision 3;
(2) the county has approved treatment and designated a
treatment vendor within the limits of the county's allocation of
money under subdivision 4;
(3) the person received the appropriate level of treatment
as determined through the assessment process;
(4) the person received services from a vendor certified by
the commissioner of corrections under section 241.67,
subdivision 2, paragraph (b); and
(5) the vendor submitted a claim for payment in accordance
with requirements established by the commissioner of human
services.
Subd. 3. [ASSESSMENT.] (a) The commissioner of corrections
shall establish a process and criteria for assessing the
eligibility and treatment needs of persons on whose behalf
payment from the sex offender treatment fund is sought. The
assessment determines: (1) whether the individual is eligible
under subdivision 2; (2) the person's ability to contribute to
the cost of treatment; (3) whether a need for treatment exists;
(4) if treatment is needed, the appropriate level of treatment;
and (5) if the person is seeking treatment voluntarily, whether
the person represents a high risk of becoming a sex offender in
the absence of intervention and treatment.
(b) The commissioner shall develop a sliding fee scale to
determine the amount of the contribution required from persons
who have income or other financial resources. The fee scale
must require persons whose income and assets are above the
limits for the medical assistance program to contribute to the
cost of the assessment and treatment and require persons whose
income is above the state median income to pay the entire cost
of assessment and treatment.
Subd. 4. [COUNTY ALLOCATIONS.] (a) For the first year of
the sex offender treatment fund, the money appropriated for the
treatment fund must be allocated among the counties according to
the following formula:
(1) two-thirds based on the number of sex offender
convictions or adjudications in the county in the previous year;
and
(2) one-third based on county population.
(b) Any balance remaining in the fund at the end of the
first year of the fund does not cancel and is available for the
next year. Any balance remaining in subsequent years does not
carry forward unless specifically authorized by the legislature.
(c) For the second year of the fund, an amount equal to the
balance carried forward from the first year, plus any
legislative appropriation for special project grants, must be
reserved for special projects under subdivision 5. This becomes
the base funding level for special project grants. The
appropriation for the treatment fund must be allocated to
counties in proportion to the amount actually paid out of each
county's treatment fund allocation in the previous year.
(d) For the third and subsequent years of the fund, the
appropriation for the sex offender treatment fund must be
allocated to counties in proportion to the previous year's
allocations. Any increase or decrease in funding for the sex
offender treatment fund must be allocated proportionately among
counties.
(e) For the second and subsequent years of the treatment
fund, a reduction in the special projects base funding and a
corresponding increase in a county's sex offender treatment fund
allocation may be made under subdivision 5.
(f) Money appropriated specifically for sex offender
assessments must be allocated to counties based on the number of
sex offender convictions and delinquency adjudications in the
county in the previous year. The money must be used to pay for
assessments conducted under subdivision 3.
Subd. 5. [SPECIAL PROJECT GRANTS.] The commissioner of
corrections shall approve grants to counties for special
projects using the money reserved for special projects under
subdivision 4, paragraph (c), and any appropriations
specifically designated for sex offender treatment special
projects. Special project grants may be used to develop new sex
offender treatment services or providers, develop or test new
treatment methods, educate courts and corrections personnel on
treatment programs and methods, address special treatment needs
in a particular county, or provide additional funding to
counties that demonstrate that their treatment needs cannot be
met within their formula allocation under subdivision 4. For
the first three years of the fund, highest priority for special
project grants must be given to counties that spent less than
their allocation under the formula in subdivision 4, paragraph
(a), during the previous year; demonstrate a significant need to
increase their spending for sex offender treatment; and submit a
detailed plan for improving their sex offender treatment
system. For these high priority counties, upon successful
completion of a special project the commissioner shall increase
that county's base allocation under subdivision 4 for subsequent
years by the amount of the special project grant or another
amount determined by the commissioner and agreed to by the
county as a condition of receiving a special project grant. The
base funding level for special projects for the subsequent year
must be reduced by the amount of the increase in the county's
base allocation. After the third year of the treatment fund,
the commissioner may allocate up to 40 percent of the special
project grant money to increase the base allocation of treatment
fund money for those counties that demonstrate the greatest need
to increase funding for sex offender treatment. The base
funding level for special projects must be reduced by the amount
of the increase in counties' base allocations.
Subd. 6. [COUNTY ADMINISTRATION.] A county may use up to
five percent of the money allocated to it under subdivision 4
for administrative costs associated with the sex offender
treatment fund, including the costs of assessment and referral
of persons for treatment, state administrative and reporting
requirements, service development, and other activities directly
related to sex offender treatment. Two or more counties may
undertake any of the activities required under this section as a
joint action under section 471.59. Nothing in this section
requires a county to spend local money or commit local resources
in addition to state money provided under this section, except
as provided in subdivision 7.
Subd. 7. [MAINTENANCE OF EFFORT.] As a condition of
receiving an allocation of money from the sex offender treatment
fund under this section, a county must agree not to reduce the
level of funding provided for sex offender treatment below the
average annual funding level for calendar years 1989, 1990, and
1991.
Subd. 8. [ELIGIBILITY OF VENDORS.] To be eligible to
receive payment from the sex offender treatment fund, a vendor
must be certified by the commissioner of corrections under
section 241.67, subdivision 2, paragraph (b), and must comply
with billing and reporting requirements established by the
commissioner of human services. A county may become certified
and approved as a vendor by satisfying the same requirements
that apply to other vendors.
Subd. 9. [START-UP GRANTS.] Within the limits of
appropriations made specifically for this purpose, the
commissioner of corrections shall award grants to counties or
providers for the initial start-up costs of establishing new
certified, community-based sex offender treatment programs
eligible for reimbursement under the sex offender treatment
fund. In awarding the grants, the commissioner shall promote a
statewide system of sex offender treatment programs that will
provide reasonable geographic access to treatment throughout the
state.
Subd. 10. [COORDINATION OF FUNDING FOR SEX OFFENDER
TREATMENT.] The commissioners of corrections and human services
shall identify all sources of funding for sex offender treatment
in the state and develop methods of coordinating funding sources.
Sec. 5. Minnesota Statutes 1990, section 242.195,
subdivision 1, is amended to read:
Subdivision 1. [TREATMENT SEX OFFENDER PROGRAMS.] The
commissioner of corrections shall provide for a range of sex
offender treatment programs, including intensive sex offender
treatment programs, for juveniles within state juvenile
correctional facilities and through purchase of service from
county and private residential and outpatient juvenile sex
offender treatment programs. The commissioner shall establish
and operate a juvenile sex offender program at one of the state
juvenile correctional facilities.
Sec. 6. [SEX OFFENDER TREATMENT; PILOT PROGRAM.]
The commissioner of corrections, in consultation with the
commissioner of human services, shall administer a grant to
create a pilot program to test the effectiveness of
pharmacological agents, such as antiandrogens, in the treatment
of sex offenders including psychopathic personalities.
Participation in the study must be by volunteers who meet
defined criteria. The commissioner of corrections shall report
to the legislature by February 1, 1993, regarding the
preliminary results of the study.
Sec. 7. [REPORT ON SEX OFFENDER TREATMENT FUNDING.]
By January 1, 1993, the commissioners of corrections and
human services shall submit a report to the legislature on
funding for sex offender treatment, including:
(1) a summary of the sources and amounts of public and
private funding for sex offender treatment;
(2) a progress report on implementation of sections 4 to 7;
(3) methods currently being used to coordinate funding;
(4) recommendations on whether other sources of funding
should be consolidated into the sex offender treatment fund;
(5) recommendations regarding medical assistance program
changes or waivers that will improve the cost-effective use of
medical assistance funds for sex offender treatment;
(6) recommendations on whether start-up grants are needed
to promote the development of needed sex offender treatment
vendors, and if so, the amount of money needed for various
regions, types of vendor, and class of sex offender;
(7) an estimate of the amount of money needed to fully fund
the sex offender treatment fund and information regarding the
cost of an array of possible options for partial funding,
including funding options that prioritize treatment needs based
on the age of the offender, the level of offense, or other
factors identified by the commissioner; and
(8) recommendations for other changes that will improve the
effectiveness and efficiency of the sex offender treatment
funding system.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective the day following final
enactment.
ARTICLE 9
PROCEDURAL PROVISIONS
Section 1. Minnesota Statutes 1990, section 631.035, is
amended to read:
631.035 [JOINTLY CHARGED JOINDER OF DEFENDANTS; SEPARATE OR
JOINT TRIALS.]
Subdivision 1. [JOINDER OF DEFENDANTS.] When Two or more
defendants are may be jointly charged with a felony, they may be
tried separately or jointly in the discretion of the court. In
making its determination on whether to order joinder or separate
trials, the court shall consider the nature of the offense
charged, the impact on the victim, the potential prejudice to
the defendant, and the interests of justice. and tried if they
are alleged to have participated in the same act or transaction
or in the same series of acts or transactions constituting an
offense. The defendants may be charged in one or more counts
and tried together or separately and all of the defendants need
not be charged in each count.
Subd. 2. [RELIEF FROM PREJUDICIAL JOINDER.] If it appears
that a defendant is prejudiced by a joinder of defendants in a
complaint or indictment or by joinder for trial together, the
court may, upon motion of the defendant or the court's own
motion, order an election or separate trials of counts, grant a
severance of defendants, or provide whatever other relief
justice requires. In making its determination, the court shall
consider the impact on the victim. In ruling on a motion by a
defendant for severance, the court may order the prosecutor to
deliver to the court for inspection in camera any statements or
confessions made by the defendants which the prosecution intends
to introduce in evidence at the trial.
Sec. 2. [SUPREME COURT BAIL STUDY.]
The supreme court is requested to study whether guidelines
should be adopted in the rules of criminal procedure governing
the minimum amount of money bail that should be required in
cases involving persons accused of crimes against the person.
The supreme court is also requested to study whether the
constitution and laws of this state should be amended to
authorize the preventive detention of certain arrested persons
who are accused of dangerous crimes.
ARTICLE 10
VIOLENCE PREVENTION
AND EDUCATION
Section 1. Minnesota Statutes 1991 Supplement, section
121.882, subdivision 2, is amended to read:
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family
education programs are programs for children in the period of
life from birth to kindergarten, for the parents of such
children, and for expectant parents. The programs may include
the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) activities and materials designed to encourage
self-esteem, skills, and behavior that prevent sexual and other
interpersonal violence;
(6) educational materials which may be borrowed for home
use;
(7) information on related community resources; or
(8) programs to prevent child abuse and neglect; or
(9) other programs or activities to improve the health,
development, and learning readiness of children.
The programs shall not include activities for children that
do not require substantial involvement of the children's
parents. The programs shall be reviewed periodically to assure
the instruction and materials are not racially, culturally, or
sexually biased. The programs shall encourage parents to be
aware of practices that may affect equitable development of
children.
Sec. 2. Minnesota Statutes 1990, section 121.882, is
amended by adding a subdivision to read:
Subd. 2b. [HOME VISITING PROGRAM.] (a) The commissioner of
education shall include as part of the early childhood family
education programs a parent education component to prevent child
abuse and neglect. This parent education component must include:
(1) expanding statewide the home visiting component of the
early childhood family education programs;
(2) training parent educators, child educators, and home
visitors in the dynamics of child abuse and neglect and positive
parenting and discipline practices; and
(3) developing and distributing education and public
information materials that promote positive parenting skills and
prevent child abuse and neglect.
(b) The parent education component must:
(1) offer to isolated or at-risk families direct visiting
parent education services that at least address parenting
skills, a child's development and stages of growth,
communication skills, managing stress, problem-solving skills,
positive child discipline practices, methods of improving
parent-child interactions and enhancing self-esteem, using
community support services and other resources, and encouraging
parents to have fun with and enjoy their children;
(2) develop a risk assessment tool to determine the
family's level of risk;
(3) establish clear objectives and protocols for home
visits;
(4) determine the frequency and duration of home visits
based on a risk-need assessment of the client, with home visits
beginning in the second trimester of pregnancy and continuing,
based on client need, until a child is six years old;
(5) encourage families to make a transition from home
visits to site-based parenting programs to build a family
support network and reduce the effects of isolation;
(6) develop and distribute education materials on
preventing child abuse and neglect that may be used in home
visiting programs and parent education classes and distributed
to the public;
(7) provide at least 40 hours of training for parent
educators, child educators, and home visitors that covers the
dynamics of child abuse and neglect, domestic violence and
victimization within family systems, signs of abuse or other
indications that a child may be at risk of being abused or
neglected, what child abuse and neglect are, how to properly
report cases of child abuse and neglect, respect for cultural
preferences in child rearing, what community resources, social
service agencies, and family support activities and programs are
available, child development and growth, parenting skills,
positive child discipline practices, identifying stress factors
and techniques for reducing stress, home visiting techniques,
and risk assessment measures;
(8) provide program services that are community-based,
accessible, and culturally relevant; and
(9) foster collaboration among existing agencies and
community-based organizations that serve young children and
their families.
(c) Home visitors should reflect the demographic
composition of the community the home visitor is serving to the
extent possible.
Sec. 3. Minnesota Statutes 1991 Supplement, section
124A.29, subdivision 1, as amended by H.F. 2121, article 1,
section 18, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT, AND VIOLENCE PREVENTION
PARENTAL INVOLVEMENT PROGRAMS.] (a) Of a district's basic
revenue under section 124A.22, subdivision 2, an amount equal to
$15 times the number of actual pupil units shall be reserved and
may be used only to provide staff time for in-service education
for violence prevention programs under section 126.77,
subdivision 2, or staff development programs, including
outcome-based education, under section 126.70, subdivisions 1
and 2a. The school board shall determine the staff development
activities to provide, the manner in which they will be
provided, and the extent to which other local funds may be used
to supplement staff development activities.
(b) Of a district's basic revenue under section 124A.22,
subdivision 2, an amount equal to $5 times the number of actual
pupil units must be reserved and may be used only to provide
parental involvement programs that implement section 124C.61. A
district may use up to $1 of the $5 times the number of actual
pupil units for promoting parental involvement in the PER
process.
Sec. 4. Minnesota Statutes 1991 Supplement, section
126.70, subdivision 1, as amended by H.F. 2121, article 1,
section 19, is amended to read:
Subdivision 1. [ELIGIBILITY FOR REVENUE.] A school board
may use the revenue authorized in section 124A.29 for in-service
education for violence prevention programs under section 126.77,
subdivision 2, or if it establishes a staff development advisory
committee and adopts a staff development plan under this
subdivision. A majority of the advisory committee must be
teachers representing various grade levels and subject areas.
The advisory committee must also include parents and
administrators. The advisory committee shall develop a staff
development plan that includes related expenditures and shall
submit the plan to the school board. If the school board
approves the plan, the district may use the staff development
revenue authorized in section 124A.29. Districts must submit
approved plans to the commissioner.
Sec. 5. Minnesota Statutes 1991 Supplement, section
126.70, subdivision 2a, is amended to read:
Subd. 2a. [PERMITTED USES.] A school board may approve a
plan to accomplish any of the following purposes:
(1) foster readiness for outcome-based education by
increasing knowledge and understanding of and commitment to
outcome-based education;
(2) facilitate organizational changes by enabling a
site-based team composed of pupils, parents, school personnel,
and community members to address pupils' needs through
outcome-based education;
(3) develop programs to increase pupils' educational
progress by developing appropriate outcomes and personal
learning plans and by encouraging pupils and their parents to
assume responsibility for their education;
(4) design and develop outcome-based education programs
containing various instructional opportunities that recognize
pupils' individual needs and utilize family and community
resources;
(5) evaluate the effectiveness of outcome-based education
policies, processes, and products through appropriate evaluation
procedures that include multiple criteria and indicators; and
(6) provide staff time for peer review of probationary,
continuing contract, and nonprobationary teachers;
(7) train elementary and secondary staff to help students
learn to resolve conflicts in effective, nonviolent ways; and
(8) encourage staff to teach and model violence prevention
policy and curricula that address issues of sexual and racial
harassment.
Sec. 6. [126.77] [VIOLENCE PREVENTION EDUCATION.]
Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The
commissioner of education, in consultation with the
commissioners of health and human services, state minority
councils, battered women's programs, sexual assault centers,
representatives of religious communities, and the assistant
commissioner of the office of drug policy and violence
prevention, shall assist districts on request in developing or
implementing a violence prevention program for students in
kindergarten to grade 12 that can be integrated into existing
curriculum. The purpose of the program is to help students
learn how to resolve conflicts within their families and
communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its
existing curriculum a program for violence prevention that
includes at least:
(1) a comprehensive, accurate, and age appropriate
curriculum on violence prevention, nonviolent conflict
resolution, and sexual, racial, and cultural harassment that
promotes equality, respect, understanding, effective
communication, individual responsibility, thoughtful decision
making, positive conflict resolution, useful coping skills,
critical thinking, listening and watching skills, and personal
safety;
(2) planning materials, guidelines, and other accurate
information on preventing physical and emotional violence,
identifying and reducing the incidence of sexual, racial, and
cultural harassment, and reducing child abuse and neglect;
(3) a special parent education component of early childhood
family education programs to prevent child abuse and neglect and
to promote positive parenting skills, giving priority to
services and outreach programs for at-risk families;
(4) involvement of parents and other community members,
including the clergy, business representatives, civic leaders,
local elected officials, law enforcement officials, and the
county attorney;
(5) collaboration with local community services, agencies,
and organizations that assist in violence intervention or
prevention, including family-based services, crisis services,
life management skills services, case coordination services,
mental health services, and early intervention services;
(6) collaboration among districts and ECSUs;
(7) targeting early adolescents for prevention efforts,
especially early adolescents whose personal circumstances may
lead to violent or harassing behavior; and
(8) administrative policies that reflect, and a staff that
models, nonviolent behaviors that do not display or condone
sexual, racial, or cultural harassment.
(c) The department may provide assistance at a neutral site
to a nonpublic school participating in a district's program.
Subd. 2. [IN-SERVICE TRAINING.] Each district is
encouraged to provide training for district staff and school
board members to help students identify violence in the family
and the community so that students may learn to resolve
conflicts in effective, nonviolent ways. The in-service
training must be ongoing and involve experts familiar with
domestic violence and personal safety issues.
Subd. 3. [FUNDING SOURCES.] Districts may accept funds
from public and private sources for violence prevention programs
developed and implemented under this section.
Sec. 7. Minnesota Statutes 1990, section 127.46, is
amended to read:
127.46 [SEXUAL HARASSMENT AND VIOLENCE POLICY.]
Each school board shall adopt a written sexual harassment
and sexual violence policy that conforms with sections 363.01 to
363.15. The policy shall apply to pupils, teachers,
administrators, and other school personnel, include reporting
procedures, and set forth disciplinary actions that will be
taken for violation of the policy. Disciplinary actions must
conform with collective bargaining agreements and sections
127.27 to 127.39. The policy must be conspicuously posted in
throughout each school building and included in each school's
student handbook on school policies. Each school must develop a
process for discussing the school's sexual harassment and
violence policy with students and school employees.
Sec. 8. [145.9265] [FETAL ALCOHOL SYNDROME AND EFFECTS AND
DRUG-EXPOSED INFANT PREVENTION.]
The commissioner of health, in coordination with the
commissioner of education and the commissioner of human
services, shall design and implement a coordinated prevention
effort to reduce the rates of fetal alcohol syndrome and fetal
alcohol effects, and reduce the number of drug-exposed infants.
The commissioner shall:
(1) conduct research to determine the most effective
methods of preventing fetal alcohol syndrome, fetal alcohol
effects, and drug-exposed infants and to determine the best
methods for collecting information on the incidence and
prevalence of these problems in Minnesota;
(2) provide training on effective prevention methods to
health care professionals and human services workers; and
(3) operate a statewide media campaign focused on reducing
the incidence of fetal alcohol syndrome and fetal alcohol
effects, and reducing the number of drug-exposed infants.
Sec. 9. [145A.15] [HOME VISITING PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of health
shall establish a grant program designed to prevent child abuse
and neglect by providing early intervention services for
families at risk of child abuse and neglect. The grant program
will include:
(1) expansion of current public health nurse and family
aide home visiting programs;
(2) distribution of educational and public information
programs and materials in hospital maternity divisions,
well-baby clinics, obstetrical clinics, and community clinics;
and
(3) training of home visitors.
Subd. 2. [GRANT RECIPIENTS.] The commissioner is
authorized to award grants to programs that meet the
requirements of subdivision 3 and that are targeted to at-risk
families. Families considered to be at-risk for child abuse and
neglect include, but are not limited to, families with:
(1) adolescent parents;
(2) a history of alcohol and other drug abuse;
(3) a history of child abuse, domestic abuse, or other
dysfunction in the family of origin;
(4) a history of domestic abuse, rape, or other forms of
victimization;
(5) reduced cognitive functioning;
(6) a lack of knowledge of child growth and development
stages; or
(7) difficulty dealing with stress, including stress caused
by discrimination, mental illness, a high incidence of crime or
poverty in the neighborhood, unemployment, divorce, and lack of
basic needs, often found in conjunction with a pattern of family
isolation.
Subd. 3. [PROGRAM REQUIREMENTS.] (a) The commissioner
shall award grants, using a request for proposal system, to
programs designed to:
(1) develop a risk assessment tool and offer direct home
visiting services to at-risk families including, but not limited
to, education on: parenting skills, child development and
stages of growth, communication skills, stress management,
problem-solving skills, positive child discipline practices,
methods to improve parent-child interactions and enhance
self-esteem, community support services and other resources, and
how to enjoy and have fun with your children;
(2) establish clear objectives and protocols for the home
visits;
(3) determine the frequency and duration of home visits
based on a risk-need assessment of the client; except that home
visits shall begin in the second trimester of pregnancy and
continue based on the need of the client until the child reaches
age six;
(4) develop and distribute educational resource materials
and offer presentations on the prevention of child abuse and
neglect for use in hospital maternity divisions, well-baby
clinics, obstetrical clinics, and community clinics; and
(5) coordinate with other local home visitation programs,
particularly those offered by school boards under section
121.882, subdivision 2b, so as to avoid duplication.
(b) Programs must provide at least 40 hours of training for
public health nurses, family aides, and other home visitors.
Training must include information on the following:
(1) the dynamics of child abuse and neglect, domestic
violence, and victimization within family systems;
(2) signs of abuse or other indications that a child may be
at risk of abuse or neglect;
(3) what is child abuse and neglect;
(4) how to properly report cases of child abuse and
neglect;
(5) respect for cultural preferences in child rearing;
(6) community resources, social service agencies, and
family support activities or programs;
(7) child development and growth;
(8) parenting skills;
(9) positive child discipline practices;
(10) identification of stress factors and stress reduction
techniques;
(11) home visiting techniques; and
(12) risk assessment measures.
Program services must be community-based, accessible, and
culturally relevant and must be designed to foster collaboration
among existing agencies and community-based organizations.
Subd. 4. [EVALUATION.] Each program that receives a grant
under this section must include a plan for program evaluation
designed to measure the effectiveness of the program in
preventing child abuse and neglect. On January 1, 1994, and
annually thereafter, the commissioner of health shall submit a
report to the legislature on all activities initiated in the
prior biennium under this section. The report shall include
information on the outcomes reported by all programs that
received grant funds under this section in that biennium.
Sec. 10. Minnesota Statutes 1991 Supplement, section
245.484, is amended to read:
245.484 [RULES.]
The commissioner shall adopt emergency rules to govern
implementation of case management services for eligible children
in section 245.4881 and professional home-based family treatment
services for medical assistance eligible children, in section
245.4884, subdivision 3, by January 1, 1992, and must adopt
permanent rules by January 1, 1993.
The commissioner shall adopt permanent rules as necessary
to carry out sections 245.461 to 245.486 and 245.487 to
245.4888. The commissioner shall reassign agency staff as
necessary to meet this deadline.
By January 1, 1993, the commissioner shall adopt permanent
rules specifying program requirements for family community
support services.
Sec. 11. Minnesota Statutes 1990, section 245.4871, is
amended by adding a subdivision to read:
Subd. 9a. [CRISIS ASSISTANCE.] "Crisis assistance" means
assistance to the child, family, and the child's school in
recognizing and resolving a mental health crisis. It shall
include, at a minimum, working with the child, family, and
school to develop a crisis assistance plan. Crisis assistance
does not include services designed to secure the safety of a
child who is at risk of abuse or neglect or necessary emergency
services.
Sec. 12. Minnesota Statutes 1991 Supplement, section
245.4884, subdivision 1, is amended to read:
Subdivision 1. [AVAILABILITY OF FAMILY COMMUNITY SUPPORT
SERVICES.] By July 1, 1991, county boards must provide or
contract for sufficient family community support services within
the county to meet the needs of each child with severe emotional
disturbance who resides in the county and the child's family.
Children or their parents may be required to pay a fee in
accordance with section 245.481.
Family community support services must be designed to
improve the ability of children with severe emotional
disturbance to:
(1) manage basic activities of daily living;
(2) function appropriately in home, school, and community
settings;
(3) participate in leisure time or community youth
activities;
(4) set goals and plans;
(5) reside with the family in the community;
(6) participate in after-school and summer activities;
(7) make a smooth transition among mental health and
education services provided to children; and
(8) make a smooth transition into the adult mental health
system as appropriate.
In addition, family community support services must be
designed to improve overall family functioning if clinically
appropriate to the child's needs, and to reduce the need for and
use of placements more intensive, costly, or restrictive both in
the number of admissions and lengths of stay than indicated by
the child's diagnostic assessment.
The commissioner of human services shall work with mental
health professionals to develop standards for clinical
supervision of family community support services. These
standards shall be incorporated in rule and in guidelines for
grants for family community support services.
Sec. 13. Minnesota Statutes 1990, section 254A.14, is
amended by adding a subdivision to read:
Subd. 3. [GRANTS FOR TREATMENT OF HIGH-RISK YOUTH.] The
commissioner of human services shall award grants on a pilot
project basis to develop culturally specific chemical dependency
treatment programs for minority and other high-risk youth,
including those enrolled in area learning centers, those
presently in residential chemical dependency treatment, and
youth currently under commitment to the commissioner of
corrections or detained under chapter 260. Proposals submitted
under this section shall include an outline of the treatment
program components, a description of the target population to be
served, and a protocol for evaluating the program outcomes.
Sec. 14. Minnesota Statutes 1990, section 254A.17,
subdivision 1, is amended to read:
Subdivision 1. [MATERNAL AND CHILD SERVICE PROGRAMS.] (a)
The commissioner shall fund maternal and child health and social
service programs designed to improve the health and functioning
of children born to mothers using alcohol and controlled
substances. Comprehensive programs shall include immediate and
ongoing intervention, treatment, and coordination of medical,
educational, and social services through a child's preschool
years. Programs shall also include research and evaluation to
identify methods most effective in improving outcomes among this
high-risk population.
(b) The commissioner of human services shall develop models
for the treatment of children ages 6 to 12 who are in need of
chemical dependency treatment. The commissioner shall fund at
least two pilot projects with qualified providers to provide
nonresidential treatment for children in this age group. Model
programs must include a component to monitor and evaluate
treatment outcomes.
Sec. 15. Minnesota Statutes 1990, section 254A.17, is
amended by adding a subdivision to read:
Subd. 1a. [PROGRAMS FOR PREGNANT WOMEN AND WOMEN WITH
CHILDREN.] Within the limits of funds available, the
commissioner of human services shall fund programs providing
specialized chemical dependency treatment for pregnant women and
women with children. The programs shall provide prenatal care,
child care, housing assistance, and other services needed to
ensure successful treatment.
Sec. 16. [256.486] [ASIAN JUVENILE CRIME PREVENTION GRANT
PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] The commissioner of human
services shall establish a grant program for coordinated,
family-based crime prevention services for Asian youth. The
commissioners of human services, education, and public safety
shall work together to coordinate grant activities.
Subd. 2. [GRANT RECIPIENTS.] The commissioner shall award
grants in amounts up to $150,000 to agencies based in the Asian
community that have experience providing coordinated,
family-based community services to Asian youth and families.
Subd. 3. [PROJECT DESIGN.] Projects eligible for grants
under this section must provide coordinated crime prevention and
educational services that include:
(1) education for Asian parents, including parenting
methods in the United States and information about the United
States legal and educational systems;
(2) crime prevention programs for Asian youth, including
employment and career-related programs and guidance and
counseling services;
(3) family-based services, including support networks,
language classes, programs to promote parent-child
communication, access to education and career resources, and
conferences for Asian children and parents;
(4) coordination with public and private agencies to
improve communication between the Asian community and the
community at large; and
(5) hiring staff to implement the services in clauses (1)
to (4).
Subd. 4. [USE OF GRANT MONEY TO MATCH FEDERAL
FUNDS.] Grant money awarded under this section may be used to
satisfy any state or local match requirement that must be
satisfied in order to receive federal funds.
Subd. 5. [ANNUAL REPORT.] Grant recipients must report to
the commissioner by June 30 of each year on the services and
programs provided, expenditures of grant money, and an
evaluation of the program's success in reducing crime among
Asian youth.
Sec. 17. [256F.09] [GRANTS FOR CHILDREN'S SAFETY CENTERS.]
Subdivision 1. [PURPOSE.] The commissioner shall issue a
request for proposals from existing local nonprofit,
nongovernmental organizations, to use existing local facilities
as pilot children's safety centers. The commissioner shall
award grants in amounts up to $50,000 for the purpose of
creating children's safety centers to reduce children's
vulnerability to violence and trauma related to family
visitation, where there has been a history of domestic violence
or abuse within the family. At least one of the pilot projects
shall be located in the seven-county metropolitan area and at
least one of the projects shall be located outside the
seven-county metropolitan area, and the commissioner shall award
the grants to provide the greatest possible number of safety
centers and to locate them to provide for the broadest possible
geographic distribution of the centers throughout the state.
Each children's safety center must use existing local
facilities to provide a healthy interactive environment for
parents who are separated or divorced and for parents with
children in foster homes to visit with their children. The
centers must be available for use by district courts who may
order visitation to occur at a safety center. The centers may
also be used as drop-off sites, so that parents who are under
court order to have no contact with each other can exchange
children for visitation at a neutral site. Each center must
provide sufficient security to ensure a safe visitation
environment for children and their parents. A grantee must
demonstrate the ability to provide a local match, which may
include in-kind contributions.
Subd. 2. [PRIORITIES.] In awarding grants under the
program, the commissioner shall give priority to:
(1) areas of the state where no children's safety center or
similar facility exists;
(2) applicants who demonstrate that private funding for the
center is available and will continue; and
(3) facilities that are adapted for use to care for
children, such as day care centers, religious institutions,
community centers, schools, technical colleges, parenting
resource centers, and child care referral services.
Subd. 3. [ADDITIONAL SERVICES.] Each center may provide
parenting and child development classes, and offer support
groups to participating custodial parents and hold regular
classes designed to assist children who have experienced
domestic violence and abuse.
Subd. 4. [REPORT.] The commissioner shall evaluate the
operation of the pilot children's safety centers and report to
the legislature by February 1, 1994, with recommendations.
Sec. 18. [256.995] [SCHOOL-LINKED SERVICES FOR AT-RISK
CHILDREN AND YOUTH.]
Subdivision 1. [PROGRAM ESTABLISHED.] In order to enhance
the delivery of needed services to at-risk children and youth
and maximize federal funds available for that purpose, the
commissioners of human services and education shall design a
statewide program of collaboration between providers of health
and social services for children and local school districts, to
be financed, to the greatest extent possible, from federal
sources. The commissioners of health and public safety shall
assist the commissioners of human services and education in
designing the program.
Subd. 2. [AT-RISK CHILDREN AND YOUTH.] The program shall
target at-risk children and youth, defined as individuals,
whether or not enrolled in school, who are under 21 years of age
and who:
(1) are school dropouts;
(2) have failed in school;
(3) have become pregnant;
(4) are economically disadvantaged;
(5) are children of drug or alcohol abusers;
(6) are victims of physical, sexual, or psychological
abuse;
(7) have committed a violent or delinquent act;
(8) have experienced mental health problems;
(9) have attempted suicide;
(10) have experienced long-term physical pain due to
injury;
(11) are at risk of becoming or have become drug or alcohol
abusers or chemically dependent;
(12) have experienced homelessness;
(13) have been excluded or expelled from school under
sections 127.26 to 127.39; or
(14) have been adjudicated children in need of protection
or services.
Subd. 3. [SERVICES.] The program must be designed not to
duplicate existing programs, but to enable schools to
collaborate with county social service agencies and county
health boards and with local public and private providers to
assure that at-risk children and youth receive health care,
mental health services, family drug and alcohol counseling, and
needed social services. Screenings and referrals under this
program shall not duplicate screenings under section 123.702.
Subd. 4. [FUNDING.] The program must be designed to take
advantage of available federal funding, including the following:
(1) child welfare funds under United States Code, title 42,
sections 620-628 (1988) and United States Code, title 42,
sections 651-669 (1988);
(2) funds available for health care and health care
screening under medical assistance, United States Code, title
42, section 1396 (1988);
(3) social services funds available under United States
Code, title 42, section 1397 (1988);
(4) children's day care funds available under federal
transition year child care, the Family Support Act, Public Law
Number 100-485; federal at-risk child care program, Public Law
Number 101-5081; and federal child care and development block
grant, Public Law Number 101-5082; and
(5) funds available for fighting drug abuse and chemical
dependency in children and youth, including the following:
(i) funds received by the office of drug policy under the
federal Anti-Drug Abuse Act and other federal programs;
(ii) funds received by the commissioner of human services
under the federal alcohol, drug abuse, and mental health block
grant; and
(iii) funds received by the commissioner of human services
under the drug-free schools and communities act.
Subd. 5. [WAIVERS.] The commissioner of human services
shall collaborate with the commissioners of education, health,
and public safety to seek the federal waivers necessary to
secure federal funds for implementing the statewide school-based
program mandated by this section. Each commissioner shall amend
the state plans for programs specified in subdivision 3, to the
extent necessary to ensure the availability of federal funds for
the school-based program.
Subd. 6. [PILOT PROJECTS.] Within 90 days of receiving the
necessary federal waivers, the commissioners of human services
and education shall implement at least two pilot programs that
link health and social services in the schools. One program
shall be located in a school district in the seven-county
metropolitan area. The other program shall be located in a
greater Minnesota school district. The commissioner of human
services, in collaboration with the commissioner of education,
shall select the pilot programs on a request for proposal
basis. The commissioners shall give priority to school
districts with some expertise in collocating services for
at-risk children and youth. Programs funded under this
subdivision must:
(1) involve a plan for collaboration between a school
district and at least two local social service or health care
agencies to provide services for which federal funds are
available to at-risk children or youth;
(2) include parents or guardians in program planning and
implementation;
(3) contain a community outreach component; and
(4) include protocol for evaluating the program.
Subd. 7. [REPORT.] The commissioners of human services and
education shall report to the legislature by January 15, 1993,
on the design and status of the statewide program for
school-linked services. The report shall include the following:
(1) a complete program design for assuring the
implementation of health and human services for children within
school districts statewide;
(2) a statewide funding plan based on the use of federal
funds, including federal funds available only through waiver;
(3) copies of the waiver requests and information on the
status of requests for federal approval;
(4) status of the pilot program development; and
(5) recommendations for statewide implementation of the
school-linked services program.
Sec. 19. [260.152] [MENTAL HEALTH SCREENING OF JUVENILES
IN DETENTION.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
services, in cooperation with the commissioner of corrections,
shall establish pilot projects in counties to reduce the
recidivism rates of juvenile offenders, by identifying and
treating underlying mental health problems that contribute to
delinquent behavior and can be addressed through nonresidential
services. At least one of the pilot projects must be in the
seven-county metropolitan area and at least one must be in
greater Minnesota.
Subd. 2. [PROGRAM COMPONENTS.] The commissioner of human
services shall, in consultation with the Indian affairs council,
the council on affairs of Spanish-speaking people, the council
on Black Minnesotans, and the council on Asian-Pacific
Minnesotans, provide grants to the counties for the pilot
projects. The projects shall build upon the existing service
capabilities in the community and must include:
(1) screening for mental health problems of all juveniles
admitted before adjudication to a secure detention facility as
defined in section 260.015, subdivision 16, and any juvenile
alleged to be delinquent as that term is defined in section
260.015, subdivision 5, who is admitted to a shelter care
facility, as defined in section 260.015, subdivision 17;
(2) referral for mental health assessment of all juveniles
for whom the screening indicates a need. This assessment is to
be provided by the appropriate mental health professional. If
the juvenile is of a minority race or minority ethnic heritage,
the mental health professional must be skilled in and
knowledgeable about the juvenile's racial and ethnic heritage,
or must consult with a special mental health consultant who has
such knowledge so that the assessment is relevant, culturally
specific, and sensitive to the juvenile's cultural needs; and
(3) upon completion of the assessment, access to or
provision of nonresidential mental health services identified as
needed in the assessment.
Subd. 3. [SCREENING TOOL.] The commissioner of human
services and the commissioner of corrections shall jointly
develop a model screening tool to screen juveniles held in
juvenile detention to determine if a mental health assessment is
needed. This tool must contain specific questions to identify
potential mental health problems. In implementing a pilot
project, a county must either use this model tool or another
screening tool approved by the commissioner of human services
which meets the requirements of this section.
Subd. 4. [PROGRAM REQUIREMENTS.] To receive funds, the
county program proposal shall be a joint proposal with all
affected local agencies, resulting in part from consultation
with the local coordinating council established under section
245.4873, subdivision 3, and the local mental health advisory
council established under section 245.4875, subdivision 5, and
shall contain the following:
(1) evidence of interagency collaboration by all publicly
funded agencies serving juveniles with emotional disturbances,
including evidence of consultation with the agencies listed in
this section;
(2) a signed agreement by the local court services and
local mental health and county social service agencies to work
together on the following: development of a program;
development of written interagency agreements and protocols to
ensure that the mental health needs of juvenile offenders are
identified, addressed, and treated; and development of a
procedure for joint evaluation of the program;
(3) a description of existing services that will be used in
this program;
(4) a description of additional services that will be
developed with program funds, including estimated costs and
numbers of juveniles to be served; and
(5) assurances that funds received by a county under this
section will not be used to supplant existing mental health
funding for which the juvenile is eligible.
The commissioner of human services and the commissioner of
corrections shall jointly determine the application form,
information needed, deadline for application, criteria for
awards, and a process for providing technical assistance and
training to counties. The technical assistance shall include
information about programs that have been successful in reducing
recidivism by juvenile offenders.
Subd. 5. [INTERAGENCY AGREEMENTS.] To receive funds, the
county must agree to develop written interagency agreements
between local court services agencies and local county mental
health agencies within six months of receiving the initial
program funds. These agreements shall include a description of
each local agency's responsibilities, with a detailed assignment
of the tasks necessary to implement the program. The agreement
shall state how they will comply with the confidentiality
requirements of the participating local agencies.
Subd. 6. [EVALUATION.] The commissioner of human services
and the commissioner of corrections shall, in consultation with
the Indian affairs council, the council on affairs of
Spanish-speaking people, the council on Black Minnesotans, and
the council on Asian-Pacific Minnesotans, develop systems and
procedures for evaluating the pilot projects. The departments
must develop an interagency management information system to
track juveniles who receive mental health and chemical
dependency services. The system must be designed to meet the
information needs of the agencies involved and to provide a
basis for evaluating outcome data. The system must be designed
to track the mental health treatment of juveniles released from
custody and to improve the planning, delivery, and evaluation of
services and increase interagency collaboration. The evaluation
protocol must be designed to measure the impact of the program
on juvenile recidivism, school performance, and state and county
budgets.
Subd. 7. [REPORT.] On January 1, 1994, and annually after
that, the commissioner of corrections and the commissioner of
human services shall present a joint report to the legislature
on the pilot projects funded under this section. The report
shall include information on the following:
(1) the number of juvenile offenders screened and assessed;
(2) the number of juveniles referred for mental health
services, the types of services provided, and the costs;
(3) the number of subsequently adjudicated juveniles that
received mental health services under this program; and
(4) the estimated cost savings of the program and the
impact on crime.
Sec. 20. Minnesota Statutes 1991 Supplement, section
299A.30, is amended to read:
299A.30 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.]
Subdivision 1. [OFFICE; ASSISTANT COMMISSIONER.] The
office of drug policy and violence prevention is an office in
the department of public safety headed by an assistant
commissioner appointed by the commissioner to serve in the
unclassified service. The assistant commissioner may appoint
other employees. The assistant commissioner shall coordinate
the violence prevention activities and the prevention and supply
reduction activities of state and local agencies and provide one
professional staff member to assist on a full-time basis the
work of the chemical abuse prevention resource council.
Subd. 2. [DUTIES.] (a) The assistant commissioner shall:
(1) gather, develop, and make available throughout the
state information and educational materials on preventing and
reducing violence in the family and in the community, both
directly and by serving as a clearinghouse for information and
educational materials from schools, state and local agencies,
community service providers, and local organizations;
(2) foster collaboration among schools, state and local
agencies, community service providers, and local organizations
that assist in violence intervention or prevention;
(3) assist schools, state and local agencies, service
providers, and organizations, on request, with training and
other programs designed to educate individuals about violence
and reinforce values that contribute to ending violence;
(4) after consulting with all state agencies involved in
preventing or reducing violence within the family or community,
develop a statewide strategy for preventing and reducing
violence that encompasses the efforts of those agencies and
takes into account all money available for preventing or
reducing violence from any source;
(5) submit the strategy to the governor and the legislature
by January 15 of each calendar year, along with a summary of
activities occurring during the previous year to prevent or
reduce violence experienced by children, young people, and their
families; and
(6) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of activities to prevent or reduce violence within
the family or community.
(b) The assistant commissioner shall gather and make
available information on prevention and supply reduction
activities throughout the state, foster cooperation among
involved state and local agencies, and assist agencies and
public officials in training and other programs designed to
improve the effectiveness of prevention and supply reduction
activities.
(b) (c) The assistant commissioner shall coordinate the
distribution of funds received by the state of Minnesota through
the federal Anti-Drug Abuse Act. The assistant commissioner
shall recommend to the commissioner recipients of grants under
sections 299A.33 and 299A.34, after consultation with the
chemical abuse prevention resource council.
(c) (d) The assistant commissioner shall:
(1) after consultation with all state agencies involved in
prevention or supply reduction activities, develop a state
chemical abuse and dependency strategy encompassing the efforts
of those agencies and taking into account all money available
for prevention and supply reduction activities, from any source;
(2) submit the strategy to the governor and the legislature
by January 15 of each year, along with a summary of prevention
and supply reduction activities during the preceding calendar
year;
(3) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of prevention and supply reduction activities;
(4) provide information, including information on drug
trends, and assistance to state and local agencies, both
directly and by functioning as a clearinghouse for information
from other agencies;
(5) facilitate cooperation among drug program agencies; and
(6) in coordination with the chemical abuse prevention
resource council, review, approve, and coordinate the
administration of prevention, criminal justice, and treatment
grants.
Sec. 21. Minnesota Statutes 1991 Supplement, section
299A.31, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A chemical
abuse prevention resource council consisting of 17 19 members is
established. The commissioners of public safety, education,
health, corrections, and human services, the director of the
office of strategic and long-range planning, and the attorney
general shall each appoint one member from among their
employees. The speaker of the house of representatives and the
subcommittee on committees of the senate shall each appoint a
legislative member. The governor shall appoint an additional
ten members who shall represent the demographic and geographic
composition of the state and, to the extent possible, shall
represent the following: public health; education including
preschool, elementary, and higher education; social services;
financial aid services; chemical dependency treatment; law
enforcement; prosecution; defense; the judiciary; corrections;
treatment research professionals; drug abuse prevention
professionals; the business sector; religious leaders;
representatives of racial and ethnic minority communities; and
other community representatives. The members shall designate
one of the governor's appointees as chair of the council.
Compensation and removal of members are governed by section
15.059.
Sec. 22. Minnesota Statutes 1991 Supplement, section
299A.32, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] In
furtherance of the general purpose specified in subdivision 1,
the council shall:
(1) assist state agencies in the coordination of drug
policies and programs and in the provision of services to other
units of government, communities, and citizens;
(2) promote among state agencies policies to achieve
uniformity in state and federal grant programs and to streamline
those programs;
(3) oversee comprehensive data collection and research and
evaluation of alcohol and drug program activities;
(4) seek the advice and counsel of appropriate interest
groups and advise the assistant commissioner of the office of
drug policy and violence prevention;
(5) seek additional private funding for community-based
programs and research and evaluation;
(6) evaluate whether law enforcement narcotics task forces
should be reduced in number and increased in geographic size,
and whether new sources of funding are available for the task
forces;
(7) continue to promote clarity of roles among federal,
state, and local law enforcement activities; and
(8) establish criteria to evaluate law enforcement drug
programs.
Sec. 23. Minnesota Statutes 1991 Supplement, section
299A.32, subdivision 2a, is amended to read:
Subd. 2a. [GRANT PROGRAMS.] The council shall, in
coordination with the assistant commissioner of the office of
drug policy and violence prevention, review and approve state
agency plans regarding the use of federal funds for programs to
reduce chemical abuse or reduce the supply of controlled
substances. The appropriate state agencies would have
responsibility for management of state and federal drug grant
programs.
Sec. 24. [299A.325] [STATE CHEMICAL HEALTH INDEX MODEL.]
The assistant commissioner of the office of drug policy and
violence prevention and the chemical abuse prevention resource
council shall develop and test a chemical health index model to
help assess the state's chemical health and coordinate state
policy and programs relating to chemical abuse prevention and
treatment. The chemical health index model shall assess a
variety of factors known to affect the use and abuse of
chemicals in different parts of the state including, but not
limited to, demographic factors, risk factors, health care
utilization, drug-related crime, productivity, resource
availability, and overall health.
Sec. 25. Minnesota Statutes 1991 Supplement, section
299A.36, is amended to read:
299A.36 [OTHER DUTIES.]
The assistant commissioner assigned to the office of drug
policy and violence prevention, in consultation with the
chemical abuse prevention resource council, shall:
(1) provide information and assistance upon request to
school preassessment teams established under section 126.034 and
school and community advisory teams established under section
126.035;
(2) provide information and assistance upon request to the
state board of pharmacy with respect to the board's enforcement
of chapter 152;
(3) cooperate with and provide information and assistance
upon request to the alcohol and other drug abuse section in the
department of human services;
(4) assist in coordinating the policy of the office with
that of the narcotic enforcement unit in the bureau of criminal
apprehension; and
(5) coordinate the activities of the regional drug task
forces, provide assistance and information to them upon request,
and assist in the formation of task forces in areas of the state
in which no task force operates.
Sec. 26. [STUDY; DEPARTMENT OF CORRECTIONS.]
The commissioner of corrections, in collaboration with the
commissioner of human services and the assistant commissioner of
the office of drug policy and violence prevention, shall conduct
a comprehensive study of the availability and quality of
appropriate treatment programs within the criminal or juvenile
justice system for adult and juvenile offenders who are
chemically dependent or abuse chemicals. In particular, the
commissioner shall investigate the extent to which the lack of
culturally oriented treatment programs for minority youth has
contributed to disparate and more punitive treatment of these
youth by the juvenile justice system. As part of this study,
the commissioner shall determine the cost of expanding the
availability of culturally oriented treatment programs to all
adult and juvenile offenders who are in need of treatment. The
commissioner shall report the study's findings and
recommendations to the legislature by February 1, 1993.
Sec. 27. [STATEWIDE MEDIA CAMPAIGN.]
The commissioner of health, in collaboration with the
commissioner of human services and the commissioner of public
safety, shall design and implement a statewide mass media
campaign for the promotion of chemical health. The campaign
must use both traditional and nontraditional media and focus on
and support chemical health activities conducted at the
community level with diverse and targeted populations. The
campaign must last a minimum of six months and be coordinated
with local school and community educational efforts, policy,
skills training, and behavior modeling.
Sec. 28. [CHILD ABUSE PREVENTION GRANT.]
The commissioner of human services shall award a grant to a
nonprofit, statewide child abuse prevention organization whose
primary focus is parent self-help and support. Grant money may
be used for one or more of the following activities:
(1) to provide technical assistance and consultation to
individuals, organizations, or communities to establish local or
regional parent self-help and support organizations for abusive
or potentially abusive parents;
(2) to provide coordination and networking among existing
parent self-help child abuse prevention organizations;
(3) to recruit, train, and provide leadership for
volunteers working in child abuse prevention programs;
(4) to expand and develop child abuse programs throughout
the state; or
(5) for statewide educational and public information
efforts to increase awareness of the problems and solutions of
child abuse.
Sec. 29. [ECFE REVENUE.]
In addition to the revenue in section 124.2711, subdivision
1, in fiscal year 1993 a district is eligible for aid equal to
$1.60 times the greater of 150 or the number of people under
five years of age residing in the school district on September 1
of the last school year. This amount may be used only for
in-service education for early childhood family education parent
educators, child educators, and home visitors for violence
prevention programs and for home visiting programs under section
6. A district that uses revenue under this paragraph for home
visiting programs shall provide home visiting program services
through its early childhood family education program or shall
contract with a public or nonprofit organization to provide such
services. A district may establish a new home visiting program
only where no existing, reasonably accessible home visiting
program meets the program requirements in section 6.
Sec. 30. [126.78] [VIOLENCE PREVENTION EDUCATION GRANTS.]
Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The
commissioner of education, after consulting with the assistant
commissioner of the office of drug policy and violence
prevention, shall establish a violence prevention education
grant program to enable a school district, an education
district, or a group of districts that cooperate for a
particular purpose to develop and implement a violence
prevention program for students in kindergarten through grade 12
that can be integrated into existing curriculum. A district or
group of districts that elects to develop and implement a
violence prevention program under section 126.77 is eligible to
apply for a grant under this section.
Subd. 2. [GRANT APPLICATION.] To be eligible to receive a
grant, a school district, an education district, or a group of
districts that cooperate for a particular purpose must submit an
application to the commissioner in the form and manner and
according to the timeline established by the commissioner. The
application must describe how the applicant will: (1) integrate
into its existing K-12 curriculum a program for violence
prevention that contains the program components listed in
section 126.77; (2) collaborate with local organizations
involved in violence prevention and intervention; and (3)
structure the program to reflect the characteristics of the
children, their families and the community involved in the
program. The commissioner may require additional information
from the applicant. When reviewing the applications, the
commissioner shall determine whether the applicant has met the
requirements of this subdivision.
Subd. 3. [GRANT AWARDS.] The commissioner may award grants
for a violence prevention education program to eligible
applicants as defined in subdivision 2. Grant amounts may not
exceed $3 per actual pupil unit in the district or group of
districts in the prior school year. Grant recipients should be
geographically distributed throughout the state.
Subd. 4. [GRANT PROCEEDS.] A successful applicant shall
use the grant money to develop and implement a violence
prevention program according to the terms of the grant
application.
ARTICLE 11
STATE AND LOCAL CORRECTIONS
Section 1. Minnesota Statutes 1990, section 241.021, is
amended by adding a subdivision to read:
Subd. 4a. [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All
residential chemical dependency treatment programs operated by
the commissioner of corrections to treat adults and juveniles
committed to the commissioner's custody shall comply with the
standards mandated in Minnesota Rules, parts 9530.4100 to
9530.6500, for treatment programs operated by community-based
residential treatment facilities.
Sec. 2. Minnesota Statutes 1990, section 243.53, is
amended to read:
243.53 [SEPARATE CELLS; MULTIPLE OCCUPANCY STANDARDS.]
Subdivision 1. [SEPARATE CELLS.] When there are cells
sufficient, each convict shall be confined in a separate
cell. Each inmate shall be confined in a separate cell in
close, maximum, and high security facilities, including St.
Cloud, Stillwater, and Oak Park Heights, but not including
geriatric or honor dormitory-type facilities.
Subd. 2. [MULTIPLE OCCUPANCY STANDARDS.] A medium security
correctional facility that is built or remodeled after July 1,
1992, for the purpose of increasing inmate capacity must be
designed and built to comply with multiple-occupancy standards
for not more than one-half of the facility's capacity and must
include a maximum capacity figure. A minimum security
correctional facility that is built or remodeled after July 1,
1992, must be designed and built to comply with minimum security
multiple-occupancy standards.
Sec. 3. Minnesota Statutes 1990, section 244.05, is
amended by adding a subdivision to read:
Subd. 1c. [RELEASE TO RESIDENTIAL PROGRAM; ESCORT
REQUIRED.] The commissioner shall provide an escort for any
inmate on parole or supervised release status who is released to
a halfway house or other residential community program. The
escort shall be an employee of the commissioner or a person
acting as the commissioner's agent for this purpose.
Sec. 4. [244.051] [EARLY REPORTS OF MISSING OFFENDERS.]
All programs serving inmates on supervised release
following a prison sentence shall notify the appropriate
probation officer, appropriate law enforcement agency, and the
department of corrections within two hours after an inmate in
the program fails to make a required report or after program
officials receive information indicating that an inmate may have
left the area in which the inmate is required to remain or may
have otherwise violated conditions of the inmate's supervised
release. The department of corrections and county corrections
agencies shall ensure that probation offices are staffed on a
24-hour basis or make available a 24-hour telephone number to
receive the reports.
Sec. 5. [244.17] [CHALLENGE INCARCERATION PROGRAM.]
Subdivision 1. [GENERALLY.] The commissioner may select
offenders who meet the eligibility requirements of subdivisions
2 and 3 to participate in a challenge incarceration program
described in sections 244.171 and 244.172 for all or part of the
offender's sentence if the offender agrees to participate in the
program and signs a written contract with the commissioner
agreeing to comply with the program's requirements.
Subd. 2. [ELIGIBILITY.] The commissioner must limit the
challenge incarceration program to the following persons:
(1) offenders who are committed to the commissioner's
custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's
custody for a term of imprisonment of not less than 18 months
nor more than 36 months and who did not receive a dispositional
departure under the sentencing guidelines.
Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following offenders
are not eligible to be placed in the challenge incarceration
program:
(1) offenders who are committed to the commissioner's
custody following a conviction for murder, manslaughter,
criminal sexual conduct, assault, kidnapping, robbery, arson, or
any other offense involving death or personal injury; and
(2) offenders who previously were convicted of an offense
described in clause (1) and were committed to the custody of the
commissioner.
Sec. 6. [244.171] [CHALLENGE INCARCERATION PROGRAM; BASIC
ELEMENTS.]
Subdivision 1. [REQUIREMENTS.] The commissioner shall
administer an intensive, structured, and disciplined program
with a high level of offender accountability and control and
direct and related consequences for failure to meet behavioral
expectations. The program shall have the following goals:
(1) to punish and hold the offender accountable;
(2) to protect the safety of the public;
(3) to treat offenders who are chemically dependent; and
(4) to prepare the offender for successful reintegration
into society.
Subd. 2. [PROGRAM COMPONENTS.] The program shall contain
all of the components described in paragraphs (a) to (e).
(a) The program shall contain a highly structured daily
schedule for the offender.
(b) The program shall contain a rigorous physical program
designed to teach personal discipline and improve the physical
and mental well-being of the offender. It shall include skills
designed to teach the offender how to reduce and cope with
stress.
(c) The program shall contain individualized educational
programs designed to improve the basic educational skills of the
offender and to provide vocational training.
(d) The program shall contain programs designed to promote
the offender's self-worth and the offender's acceptance of
responsibility for the consequences of the offender's own
decisions.
(e) The program shall contain culturally sensitive chemical
dependency programs, licensed by the department of human
services and designed to serve the inmate population. It shall
require that each offender submit to a chemical use assessment
and that the offender receive the appropriate level of treatment
as indicated by the assessment.
Subd. 3. [GOOD TIME NOT AVAILABLE.] An offender in the
challenge incarceration program does not earn good time during
phases I and II of the program, notwithstanding section 244.04.
Subd. 4. [SANCTIONS.] The commissioner shall impose severe
and meaningful sanctions for violating the conditions of the
challenge incarceration program. The commissioner shall remove
an offender from the challenge incarceration program if the
offender:
(1) commits a material violation of or repeatedly fails to
follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
(3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled
substances. The removal of an offender from the challenge
incarceration program is governed by the procedures in the
commissioner's rules adopted under section 244.05, subdivision 2.
An offender who is removed from the challenge incarceration
program shall be imprisoned for a time period equal to the
offender's original term of imprisonment, minus earned good time
if any, but in no case for longer than the time remaining in the
offender's sentence. "Original term of imprisonment" means a
time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.
Subd. 5. [TRAINING.] The commissioner shall develop
specialized training for correctional employees who supervise
and are assigned to the challenge incarceration program.
Sec. 7. [244.172] [CHALLENGE INCARCERATION PROGRAM; PHASES
I to III.]
Subdivision 1. [PHASE I.] Phase I of the program lasts at
least six months. The offender must be confined in a state
correctional facility designated by the commissioner and must
successfully participate in all intensive treatment, education
and work programs required by the commissioner. The offender
must also submit on demand to random drug and alcohol testing at
time intervals set by the commissioner. For the first three
months of phase I, the offender may not receive visitors or
telephone calls, except under emergency circumstances.
Subd. 2. [PHASE II.] Phase II of the program lasts at
least six months. The offender shall serve this phase of the
offender's sentence in an intensive supervision and surveillance
program established by the commissioner. The commissioner may
impose such requirements on the offender as are necessary to
carry out the goals of the program. The offender must be
required to submit to daily drug and alcohol tests for the first
three months; biweekly tests for the next two months; and weekly
tests for the remainder of phase II. The commissioner shall
also require the offender to report daily to a day-reporting
facility designated by the commissioner. In addition, if the
commissioner required the offender to undergo acupuncture during
phase I, the offender must continue to submit to acupuncture
treatment throughout phase II.
Subd. 3. [PHASE III.] Phase III lasts for the remainder of
the offender's sentence. During phase III, the commissioner
shall place the offender on supervised release under section
244.05. The commissioner shall set the level of the offender's
supervision based on the public risk presented by the offender.
Sec. 8. [244.173] [CHALLENGE INCARCERATION PROGRAM;
EVALUATION AND REPORT.]
The commissioner shall file a report with the house and
senate judiciary committees by September 1, 1992, which sets
forth with specificity the program's design. The commissioner
shall also develop a system for gathering and analyzing
information concerning the value and effectiveness of the
challenge incarceration program. The commissioner shall report
to the legislature by January 1, 1996, on the operation of the
program.
Sec. 9. [244.18] [LOCAL CORRECTIONAL FEES; IMPOSITION ON
OFFENDERS.]
Subdivision 1. [DEFINITION.] As used in this section,
"local correctional fees" include fees for the following
correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court ordered investigations; or
(5) any other court ordered service to be provided by a
local probation and parole agency established under section
260.311 or community corrections agency established under
chapter 401.
Subd. 2. [LOCAL CORRECTIONAL FEES.] A local correctional
agency may establish a schedule of local correctional fees to
charge persons convicted of a crime and under the supervision
and control of the local correctional agency to defray costs
associated with correctional services. The local correctional
fees on the schedule must be reasonably related to defendants'
abilities to pay and the actual cost of correctional services.
Subd. 3. [FEE COLLECTION.] The chief executive officer of
a local correctional agency may collect local correctional fees
assessed under section 13. The local correctional agency may
collect the fee at any time while the offender is under sentence
or after the sentence has been discharged. The agency may use
any available civil means of debt collection in collecting a
local correctional fee.
Subd. 4. [EXEMPTION FROM FEE.] The local correctional
agency shall waive payment of a local correctional fee if so
ordered by the court under section 13. If the court fails to
waive the fee, the chief executive officer of the local
correctional agency may waive payment of the fee if the officer
determines that the offender does not have the ability to pay
the fee, the prospects for payment are poor, or there are
extenuating circumstances justifying waiver of the fee. Instead
of waiving the fee, the local correctional agency may require
the offender to perform community work service as a means of
paying the fee.
Subd. 5. [RESTITUTION PAYMENT PRIORITY.] If a defendant
has been ordered by a court to pay restitution and a local
correctional fee, the defendant shall be obligated to pay the
restitution ordered before paying the local correctional fee.
Subd. 6. [USE OF FEES.] The local correctional fees shall
be used by the local correctional agency to pay the costs of
local correctional services. Local correctional fees may not be
used to supplant existing local funding for local correctional
services.
Sec. 10. Minnesota Statutes 1990, section 260.311, is
amended by adding a subdivision to read:
Subd. 3a. [DETAINING PERSON ON CONDITIONAL RELEASE.] (a)
County probation officers serving a district or juvenile court
may, without a warrant when it appears necessary to prevent
escape or enforce discipline, take and detain a probationer or
any person on conditional release and bring that person before
the court or the commissioner of corrections, whichever is
appropriate, for disposition. No probationer or other person on
conditional release shall be detained under this subdivision
more than 72 hours, excluding Saturdays, Sundays and holidays,
without being given an opportunity for a hearing before the
court or the commissioner of corrections or a designee.
(b) The written order of the chief executive officer or
designee of a county corrections agency established under this
section is sufficient authority for any peace officer or county
probation officer to take and place in actual custody any person
under sentence or on probation who:
(1) fails to report to serve a sentence at a local
correctional facility, as defined in section 241.021,
subdivision 1;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escape from a local correctional facility; or
(4) absconds from court-ordered home detention.
Sec. 11. Minnesota Statutes 1990, section 401.02,
subdivision 4, is amended to read:
Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE.] (a)
Probation officers serving the district, county, municipal and
juvenile courts of counties participating in the subsidy program
established by this chapter may, without order or warrant, when
it appears necessary to prevent escape or enforce discipline,
take and detain a probationer, or any person on conditional
release and bring that person before the court or the
commissioner of corrections or a designee, whichever is
appropriate, for disposition. No probationer or other person on
conditional release shall be detained more than 72 hours,
exclusive of legal holidays, Saturdays and Sundays, pursuant to
this subdivision without being provided with the opportunity for
a hearing before the court or the commissioner of corrections or
a designee. When providing supervision and other correctional
services to persons conditionally released pursuant to sections
241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including
intercounty transfer of persons on conditional release, and the
conduct of presentence investigations, participating counties
shall comply with the policies and procedures relating thereto
as prescribed by the commissioner of corrections.
(b) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for any peace officer or
county probation officer to take and place in actual custody any
person under sentence or on probation who:
(1) fails to report to serve a sentence at a local
correctional facility, as defined in section 241.021,
subdivision 1;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
Sec. 12. Minnesota Statutes 1990, section 609.10, is
amended to read:
609.10 [SENTENCES AVAILABLE.]
Upon conviction of a felony and compliance with the other
provisions of this chapter the court, if it imposes sentence,
may sentence the defendant to the extent authorized by law as
follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the
court; or
(3) to both imprisonment for a fixed term of years and
payment of a fine; or
(4) to payment of a fine without imprisonment or to
imprisonment for a fixed term of years if the fine is not paid;
or
(5) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized
under section 13 in addition to any other sentence imposed by
the court.
Sec. 13. [609.102] [LOCAL CORRECTIONAL FEES; IMPOSITION BY
COURT.]
Subdivision 1. [DEFINITION.] As used in this section,
"local correctional fee" means a fee for local correctional
services established by a local correctional agency under
section 9.
Subd. 2. [IMPOSITION OF FEE.] When a court sentences a
person convicted of a crime, and places the person under the
supervision and control of a local correctional agency, the
court shall impose a local correctional fee based on the local
correctional agency's fee schedule adopted under section 9.
Subd. 3. [FEE EXEMPTION.] The court may waive payment of a
local correctional fee if it makes findings on the record that
the convicted person is exempt due to any of the factors named
under section 9, subdivision 4. The court shall consider
prospects for payment during the term of supervision by the
local correctional agency.
Subd. 4. [RESTITUTION PAYMENT PRIORITY.] If the court
orders the defendant to pay restitution and a local correctional
fee, the court shall order that the restitution be paid before
the local correctional fee.
Sec. 14. Minnesota Statutes 1990, section 609.125, is
amended to read:
609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]
Upon conviction of a misdemeanor or gross misdemeanor the
court, if sentence is imposed, may, to the extent authorized by
law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine, or to imprisonment for a
specified term if the fine is not paid; or
(3) to both imprisonment for a definite term and payment of
a fine; or
(4) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized
under section 13 in addition to any other sentence imposed by
the court.
Sec. 15. [PROBATION STANDARDS TASK FORCE.]
The commissioner of corrections shall establish a probation
standards task force of up to 12 members. Members of the task
force must represent the department of corrections, probation
officers, law enforcement, public defenders, county attorneys,
county officials from community corrections act counties and
other counties, victims of crimes committed by offenders while
on probation, and the sentencing guidelines commission. The
task force shall choose co-chairs from among the county
officials sitting on the task force. One co-chair must be a
probation officer or county official from a community
corrections act county, and the other co-chair must be a member
of the Minnesota association of county probation officers. The
commissioner shall report to the legislature by December 1,
1992, concerning the following:
(1) the number of offenders being supervised by individual
probation officers across the state, including a statewide
average, metropolitan and nonmetropolitan, a statewide
metropolitan and nonmetropolitan range, and other relevant
information about current caseloads;
(2) minimum caseload goals and an appropriate mix for types
of offenders;
(3) the adequacy of current staffing levels to provide
effective supervision of violent offenders on probation and
supervised release;
(4) the need for increasing the number of probation
officers and the cost of doing so; and
(5) any other relevant recommendations.
Sec. 16. [COUNTY JUVENILE FACILITY NEEDS ASSESSMENT.]
The county correctional administrators of each judicial
district shall jointly evaluate and provide a report on behalf
of the entire judicial district to the chairs of the judiciary
committees in the senate and house of representatives by
November 1, 1992, concerning the needs of the counties in that
judicial district for secure juvenile detention facilities,
including the need for preadjudication facilities and, in
conjunction with the commissioner of corrections, the need for
postadjudication facilities.
Sec. 17. [CLARIFICATION OF CONFLICTING PROVISIONS.]
Notwithstanding Minnesota Statutes, section 645.26 or
645.33, the provisions of sections 5 to 8 supersede the
provisions of article 9, sections 3 to 6, of a bill styled as
H.F. 2694, if enacted by the 1992 legislature.
ARTICLE 12
CIVIL LAW PROVISIONS
Section 1. [617.245] [CIVIL ACTION; USE OF A MINOR IN A
SEXUAL PERFORMANCE.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Minor" means any person who, at the time of use in a
sexual performance, is under the age of 16.
(c) "Promote" means to produce, direct, publish,
manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance, or other
exhibition presented before an audience or for purposes of
visual or mechanical reproduction which depicts sexual conduct
as defined by paragraph (e).
(e) "Sexual conduct" means any of the following if the
depiction involves a minor:
(1) an act of sexual intercourse, actual or simulated,
including genital-genital, anal-genital, or oral-genital
intercourse, whether between human beings or between a human
being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture,
or similar demeaning acts inflicted by or upon a minor who is
nude, or the condition of being fettered, bound, or otherwise
physically restrained on the part of one so unclothed;
(3) masturbation or lewd exhibitions of the genitals; and
(4) physical contact or simulated physical contact with the
unclothed pubic areas or buttocks of a human male or female, or
the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act
of apparent sexual stimulation or gratification.
Subd. 2. [CAUSE OF ACTION.] A cause of action exists for
injury caused by the use of a minor in a sexual performance.
The cause of action exists against a person who promotes,
employs, uses, or permits a minor to engage or assist others to
engage in posing or modeling alone or with others in a sexual
performance, if the person knows or has reason to know that the
conduct intended is a sexual performance.
A person found liable for injuries under this section is
liable to the minor for damages.
Neither consent to sexual performance by the minor or by
the minor's parent, guardian, or custodian, or mistake as to the
minor's age is a defense to the action.
Subd. 3. [LIMITATION PERIOD.] An action for damages under
this section must be commenced within six years of the time the
plaintiff knew or had reason to know injury was caused by
plaintiff's use as a minor in a sexual performance. The
knowledge of a parent, guardian, or custodian may not be imputed
to the minor. This section does not affect the suspension of
the statute of limitations during a period of disability under
section 541.15.
Sec. 2. Laws 1991, chapter 232, section 5, is amended to
read:
Sec. 5. [APPLICABILITY.]
Notwithstanding any other provision of law, a plaintiff
whose claim would otherwise be time-barred under Minnesota
Statutes 1990 has until August 1, 1992, to commence a cause of
action for damages based on personal injury caused by sexual
abuse if the action is based on an intentional tort committed
against the plaintiff.
Sec. 3. [EFFECTIVE DATE.]
Section 2 is effective retroactive to August 1, 1991, and
applies to actions pending on or commenced on or after that date.
ARTICLE 13
CRIMINAL JUSTICE DATA PRIVACY PROVISIONS
Section 1. Minnesota Statutes 1990, section 171.07,
subdivision 1a, is amended to read:
Subd. 1a. [FILING PHOTOGRAPHS OR IMAGES; DATA
CLASSIFICATION.] The department shall file, or contract to file,
all photographs or electronically produced images obtained in
the process of issuing driver licenses or Minnesota
identification cards. The photographs or electronically
produced images shall be private data pursuant to section 13.02,
subdivision 12. Notwithstanding section 13.04, subdivision 3,
the department shall not be required to provide copies of
photographs or electronically produced images to data subjects.
The use of the files is restricted:
(1) to the issuance and control of driver licenses;
(2) for law enforcement purposes in the investigation and
prosecution of felonies and violations of section 169.09;
169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41;
609.487, subdivision 3; 609.631, subdivision 4, clause (3); or
609.821, subdivision 3, clauses (1), item (iv), and (3); or
617.23; and
(3) for child support enforcement purposes under section
256.978.
Sec. 2. [241.301] [FINGERPRINTS OF INMATES, PAROLEES, AND
PROBATIONERS FROM OTHER STATES.]
The commissioner of corrections shall establish procedures
so that whenever this state receives an inmate, parolee, or
probationer from another state under sections 241.28 to 241.30
or 243.16, fingerprints and thumbprints of the inmate, parolee,
or probationer are obtained and forwarded to the bureau of
criminal apprehension.
Sec. 3. Minnesota Statutes 1991 Supplement, section
260.161, subdivision 3, is amended to read:
Subd. 3. (a) Except for records relating to an offense
where proceedings are public under section 260.155, subdivision
1, peace officers' records of children shall be kept separate
from records of persons 18 years of age or older and shall not
be open to public inspection or their contents disclosed to the
public except (1) by order of the juvenile court, (2) as
required by section 126.036, (3) as authorized under section
13.82, subdivision 2, (4) to the child's parent or guardian
unless disclosure of a record would interfere with an ongoing
investigation, or (5) as provided in paragraph (d). Except as
provided in paragraph (c), no photographs of a child taken into
custody may be taken without the consent of the juvenile court
unless the child is alleged to have violated section 169.121 or
169.129. Any person violating any of the provisions of this
subdivision shall be guilty of a misdemeanor.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary to the requesting agency
in initiating, furthering, or completing a criminal
investigation.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260.165, subdivision 1, clause (b), provided
that the photograph must be destroyed when the child reaches the
age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the
commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes
and to assist law enforcement agencies to apprehend juvenile
offenders. The commissioner shall maintain photographs of
juveniles in the same manner as juvenile court records and names
under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, unless the
information would identify a juvenile who was taken into custody
or who is suspected of committing an offense that would be a
crime if committed by an adult, or would associate a juvenile
with the offense, and the offense is not a minor traffic offense
under section 260.193.
Sec. 4. [DATA PRACTICES RECOMMENDATIONS.]
The commissioners of administration, public safety, human
services, health, corrections, and education, a representative
of the data practices division of the department of
administration, and the state public defender, shall make
recommendations regarding the exchange of data among law
enforcement agencies, local social service agencies, schools,
the courts, court service agencies, and correctional agencies.
The recommendations shall be developed in consultation with the
following groups and others: local public social service
agencies, police departments, sheriffs' offices, crime victims,
and court services departments. In conducting the study the
officials shall review data practices laws and rules and shall
determine whether there are changes in statute or rule required
to enhance the functioning of the criminal justice system. The
officials shall consider the impact of any proposed
recommendations on individual privacy rights. The officials
shall submit a written report to the governor and the
legislature not later than February 1, 1993.
Sec. 5. [STUDY OF CRIMINAL AND JUVENILE JUSTICE
INFORMATION.]
The chair of the sentencing guidelines commission, the
commissioner of corrections, the commissioner of public safety,
and the state court administrator shall study and make
recommendations to the governor and the legislature:
(1) on a framework for integrated criminal justice
information systems;
(2) on the responsibilities of each entity within the
criminal and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) to ensure that information maintained in the criminal
justice information systems is accurate and up-to-date;
(4) on an information system containing criminal justice
information on felony-level juvenile offenders that is part of
the integrated criminal justice information system framework;
(5) on an information system containing criminal justice
information on misdemeanor arrests, prosecutions, and
convictions that is part of the integrated criminal justice
information system framework;
(6) on comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) on continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) on a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) on the equipment, training, and funding needs of the
state and local agencies that participate in the criminal
justice information systems; and
(10) on the impact of integrated criminal justice
information systems on individual privacy rights.
The chair, the commissioners, and the administrator shall
file a report with the governor and the legislature by December
1, 1992. The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the chair, the commissioners, and the
administrator shall appoint a task force consisting of the
members of the commission on criminal and juvenile justice
information or their designees and the following additional
members:
(1) the director of the office of strategic and long-range
planning;
(2) two sheriffs recommended by the Minnesota sheriffs
association;
(3) two police chiefs recommended by the Minnesota chiefs
of police association;
(4) two county attorneys recommended by the Minnesota
county attorneys association;
(5) two city attorneys recommended by the Minnesota league
of cities;
(6) two district judges appointed by the conference of
chief judges, one of whom is currently assigned to the juvenile
court;
(7) two community corrections administrators recommended by
the Minnesota association of counties, one of whom represents a
community corrections act county;
(8) two probation officers; and
(9) two citizens, one of whom has been a victim of crime.
The task force expires upon submission of the report by the
chair, the commissioners, and the administrator.
ARTICLE 14
MANDATORY VEHICLE INSURANCE PROVISIONS
Section 1. Minnesota Statutes 1991 Supplement, section
168.041, subdivision 4, is amended to read:
Subd. 4. [IMPOUNDMENT ORDER; PLATES SURRENDERED.] If the
court issues an impoundment order, the registration plates must
be surrendered to the court either three days after the order is
issued or on the date specified by the court, whichever date is
later. The court may destroy the surrendered registration
plates. Except as provided in subdivision 1a, 6, or 7, no new
registration plates may be issued to the violator or owner until
the driver's license of the violator has been reissued or
reinstated. The court shall notify the commissioner of public
safety within ten days after issuing an impoundment order.
Sec. 2. Minnesota Statutes 1990, section 169.791, is
amended to read:
169.791 [CRIMINAL PENALTY FOR FAILURE TO PRODUCE PROOF OF
INSURANCE.]
Subdivision 1. [TERMS.] (a) For purposes of this section
and sections 169.792 to 169.796 169.799, the following terms
have the meanings given.
(b) "Commissioner" means the commissioner of public safety.
(c) "Insurance identification card" means a card issued by
an obligor to an insured stating that security as required by
section 65B.48 has been provided for the insured's vehicle.
(d) "Proof of insurance" means an insurance identification
card, written statement, or insurance policy as defined by
section 65B.14, subdivision 2.
(e) "Written statement" means a written statement by a
licensed insurance agent in a form acceptable to the
commissioner stating the name and address of the insured, the
vehicle identification number of the insured's vehicle, that a
plan of reparation security as required by section 65B.48 has
been provided for the insured's vehicle, and the dates of the
coverage.
(f) "District court administrator" or "court administrator"
means the district court administrator or a deputy district
court administrator of the district court that has jurisdiction
of a violation of this section.
(g) "Vehicle" means a motor vehicle as defined in section
65B.43, subdivision 2, or a motorcycle as defined in section
65B.43, subdivision 13.
(h) "Peace officer" or "officer" means an employee of a
political subdivision or state law enforcement agency, including
the Minnesota state patrol, who is licensed by the Minnesota
board of peace officer standards and training and is authorized
to make arrests for violations of traffic laws.
(i) "Law enforcement agency" means the law enforcement
agency that employed the peace officer who demanded proof of
insurance under this section or section 169.792.
(j) The definitions in section 65B.43 apply to sections
169.792 to 169.799.
Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT THE
OWNER.] Every driver shall have in possession at all times when
operating a motor vehicle and shall produce on demand of a peace
officer proof of insurance in force at the time of the demand
covering the vehicle being operated. If the driver is unable to
does not produce the required proof of insurance upon the demand
of a peace officer, the driver is guilty of a misdemeanor. A
person is guilty of a gross misdemeanor who violates this
section within ten years of the first of two prior convictions
under this section, section 169.797, or a statute or ordinance
in conformity with one of those sections. A driver who is not
the owner of the vehicle may not be convicted under this section
unless the driver knew or had reason to know that the owner did
not have proof of insurance required by this section, provided
that the driver provides the officer with the name and address
of the owner at the time of the demand or complies with
subdivision 3.
Subd. 2a. [LATER PRODUCTION OF PROOF BY DRIVER WHO IS THE
OWNER.] The A driver shall who is the owner of the vehicle may,
within 14 ten days after the demand, produce proof of insurance
stating that security had been provided for the vehicle that was
being operated at the time of the demand, or the name and
address of the owner to the place stated in the notice provided
by the officer to the court administrator. The required proof
of insurance may be sent by mail by the driver as long as it is
received within 14 ten days. Except as provided in subdivision
3, any driver who fails to produce proof of insurance as
required by this section within 14 days of the demand is guilty
of a misdemeanor. The peace officer may mail the citation to
the address given by the driver or to the address stated on the
driver's license, and such service by mail is valid
notwithstanding section 629.34. It is not a defense to service
that a person failed to notify the department of public safety
of a change of name or address as required under section
171.11. The citation may be sent after the 14-day period. A
driver who is not the owner of the motor vehicle or motorcycle
does not violate this section unless the driver knew or had
reason to know that the owner did not have proof of insurance
required by this section. If a citation is issued, no person
shall be convicted of violating this section if the court
administrator receives the required proof of insurance within
ten days of the issuance of the citation. If the charge is made
other than by citation, no person shall be convicted of
violating this section if the person presents the required proof
of insurance at the person's first court appearance after the
charge is made.
Subd. 3. [REQUIREMENT FOR LATER PRODUCTION OF INFORMATION
BY DRIVER WHO IS NOT THE OWNER.] If the driver is not the owner
of the vehicle, the driver shall, within 14 ten days of the
officer's demand, provide the officer district court
administrator with proof of insurance or the name and address of
the owner. Any driver under this subdivision who fails to
provide proof of insurance or to inform the officer of the name
and address of the owner within 14 days of the officer's demand
is guilty of a misdemeanor. Upon receipt of the name and
address of the owner, the district court administrator shall
communicate the information to the law enforcement agency.
Subd. 4. [REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER.] If
the driver is not the owner of the vehicle, the officer may send
or provide a notice to the owner of the motor vehicle requiring
the owner to produce proof of insurance for the vehicle that was
being operated at the time of the demand. Notice by mail is
presumed to be received five days after mailing and shall be
sent to the owner's current address or the address listed on the
owner's driver's license. Within 14 ten days after receipt of
the notice, the owner shall produce the required proof of
insurance to the place stated in the notice received by the
owner. The required proof of insurance may be sent by mail by
the owner as long as it is received within 14 ten days. Any
owner who fails to produce proof of insurance within 14 ten days
of an officer's request is guilty of a misdemeanor. It is an
affirmative defense to a charge against the owner that the
driver used the owner's vehicle without consent or
misrepresented his or her insurance coverage to the owner. The
peace officer may mail the citation to the owner's current
address or address stated on the owner's driver's license. It
is an affirmative defense to a charge against the owner that the
driver used the owner's vehicle without consent, if insurance
would not have been required in the absence of the unauthorized
use by the driver. It is not a defense that a person failed to
notify the department of public safety of a change of name or
address as required under section 171.11. The citation may be
sent after the 14-day ten-day period.
Subd. 5. [EXEMPTIONS.] Buses or other commercial vehicles
operated by the metropolitan transit commission, commercial
vehicles required to file proof of insurance pursuant to chapter
221, and school buses as defined in section 171.01, subdivision
21, are exempt from this section.
Subd. 6. [PENALTY.] Any violation of this section is a
misdemeanor. In addition to any sentence of imprisonment that
the court may impose, the court shall impose a fine of not less
than $200 nor more than the maximum fine applicable to
misdemeanors upon conviction under this section. The court may
allow community service in lieu of any fine imposed if the
defendant is indigent. In addition to criminal penalties, a
person convicted under this section is subject to revocation of
a driver's license or permit to drive under section 169.792,
subdivision 7, and to revocation of motor vehicle registration
under section 169.792, subdivision 12.
Subd. 7. [FALSE INFORMATION; PENALTY.] Any person who
knowingly provides false information to an officer or district
court administrator under this section is guilty of a
misdemeanor.
Sec. 3. Minnesota Statutes 1990, section 169.792, is
amended to read:
169.792 [REVOCATION OF LICENSE FOR FAILURE TO PRODUCE PROOF
OF INSURANCE.]
Subdivision 1. [IMPLIED CONSENT.] Any driver or owner of a
motor vehicle consents, subject to the provisions of this
section and section 169.791, to the requirement of having
possession of proof of insurance, and to the revocation of the
person's license if the driver or owner is unable to does not
produce the required proof of insurance within 14 ten days of an
officer's demand. Any driver of a motor vehicle who is not the
owner of the motor vehicle consents, subject to the provisions
of this section and section 169.791, to providing to the officer
the name and address of the owner of the motor vehicle or
motorcycle.
Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT THE
OWNER.] Except as provided in subdivision 3, every driver of a
motor vehicle shall, within 14 ten days after the demand of a
peace officer, produce proof of insurance in force for the
vehicle that was being operated at the time of the demand,
to the place stated in the notice provided by the officer the
district court administrator. The required proof of insurance
may be sent by the driver by mail as long as it is received
within 14 ten days. A driver who is not the owner does not
violate this section unless the driver knew or had reason to
know that the owner did not have proof of insurance required by
this section, provided that the driver provides the officer with
the owner's name and address at the time of the demand or
complies with subdivision 3.
Subd. 3. [REQUIREMENT FOR DRIVER WHO IS NOT THE OWNER.] If
the driver is not the owner of the vehicle, then the driver
shall provide the officer with the name and address of the owner
at the time of the demand or shall within 14 ten days of the
officer's demand provide the officer district court
administrator with proof of insurance or the name and address of
the owner. Upon receipt of the owner's name and address, the
district court administrator shall forward the information to
the law enforcement agency. If the name and address received
from the driver do not match information available to the
district court administrator, the district court administrator
shall notify the law enforcement agency of the discrepancy.
Subd. 4. [REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER.] If
the driver is not the owner of the vehicle, the officer may send
or provide a notice to the owner requiring the owner to produce
proof of insurance in force at the time of the demand covering
the motor vehicle being operated. The notice shall be sent to
the owner's current address or the address listed on the owner's
driver's license. Within 14 ten days after receipt of the
notice, the owner shall produce the required proof of insurance
to the place stated in the notice received by the owner. Notice
to the owner by mail is presumed to be received within five days
after mailing. It is not a defense that a person failed to
notify the department of public safety of a change of name or
address as required under section 171.11.
Subd. 5. [WRITTEN NOTICE OF REVOCATION.] (a) When proof of
insurance is demanded and none is in possession, the officer
shall law enforcement agency may send or give the driver written
notice as provided herein, unless the officer issues a citation
to the driver under section 169.791 or 169.797. If the driver
is not the owner and does not produce the required proof of
insurance within 14 ten days of the demand, the officer law
enforcement agency may send or give written notice to the owner
of the vehicle.
(b) Within ten days after receipt of the notice, if given,
the driver or owner shall produce the required proof of
insurance to the place stated in the notice. Notice to the
driver or owner by mail is presumed to be received within five
days after mailing. It is not a defense that a person failed to
notify the department of public safety of a change of name or
address as required under section 171.11.
(c) The department of public safety shall prescribe a form
setting forth the written notice to be provided to the driver or
owner. The department shall, upon request, provide a sample of
the form to any law enforcement agency. The notice shall
specify the place to which provide that the driver or owner must
produce the proof of insurance to the law enforcement agency, at
the place specified in the notice. The notice shall also state:
(1) that Minnesota law requires every driver and owner to
produce an insurance identification card, insurance policy, or
written statement indicating that the vehicle had insurance at
the time of an officer's demand within 14 ten days of the
demand, provided, however, that a driver who does not own the
vehicle shall provide the name and address of the owner;
(2) that if the driver fails to produce the information
within 14 ten days from the date of demand or if the owner fails
to produce the information within 14 ten days of receipt of the
notice from the peace officer, the commissioner of public safety
shall revoke the person's driver's license or permit to drive,
or nonresident operating privileges for a minimum of 30 days,
and shall revoke the registration of the vehicle;
(3) that any person who displays or causes another to
display an insurance identification card, insurance policy, or
written statement, knowing that the insurance is not in force,
is guilty of a misdemeanor; and
(4) that any person who alters or makes a fictitious
identification card, insurance policy, or written statement, or
knowingly displays an altered or fictitious identification card,
insurance policy, or written statement, is guilty of a
misdemeanor.
Subd. 6. [REPORT TO THE COMMISSIONER OF PUBLIC SAFETY.] If
a driver fails to produce the required proof of insurance or
name and address of the owner within 14 ten days of the demand,
the officer district court administrator shall report the
failure to the commissioner and may send a written notice to the
owner. If the an owner who is not the driver fails to produce
the required proof of insurance, or if a driver to whom a
citation has not been issued does not provide proof of insurance
or the owner's name and address, within 14 ten days of receipt
of the notice, the officer law enforcement agency shall report
the failure to the commissioner. Failure to produce proof of
insurance or the owner's name and address as required by this
section must be reported to the commissioner promptly regardless
of the status or disposition of any related criminal charges.
Subd. 7. [LICENSE REVOCATION.] Upon receiving the
notification under subdivision 6 or notification of a conviction
for violation of section 169.791, the commissioner shall revoke
the person's driver's license or permit to drive, or nonresident
operating privileges. The revocation shall be effective
beginning 14 days after the date of notification by the district
court administrator or officer to the department of public
safety. In order to be revoked, notice must have been given or
mailed to the person, as provided in this section by the
commissioner at least ten days before the effective date of the
revocation. If the person, before the effective date of the
revocation, provides the commissioner with the proof of
insurance or other verifiable insurance information as
determined by the commissioner, establishing that the required
insurance covered the vehicle at the time of the original
demand, the revocation must not become effective. Revocation
based upon receipt of a notification under subdivision 6 must be
carried out regardless of the status or disposition of any
related criminal charge. The person's driver's license or
permit to drive, or nonresident operating privileges, shall be
revoked for the longer of: (i) 30 days the period provided in
section 169.797, subdivision 4, paragraph (b), including any
rules adopted under that paragraph, or (ii) until the driver or
owner files proof of insurance with the department of public
safety satisfactory to the commissioner of public safety. A
license must not be revoked more than once based upon the same
demand for proof of insurance.
Subd. 7a. [EARLY REINSTATEMENT.] A person whose license or
permit has been revoked under subdivision 7 may obtain a new
license or permit before the expiration of the period specified
in subdivision 7 if the person provides to the department of
public safety proof of insurance or other verifiable insurance
information as determined by the commissioner, establishing that
insurance covered the vehicle at the time of the original demand
and that any required insurance on any vehicle registered to the
person remains in effect. The person shall pay the fee required
by section 171.29, subdivision 2, paragraph (a), before
reinstatement. The commissioner shall make a notation on the
person's driving record indicating that the person satisfied the
requirements of this subdivision. A person who knowingly
provides false information for purposes of this subdivision is
guilty of a misdemeanor.
Subd. 8. [ADMINISTRATIVE AND JUDICIAL REVIEW.] At any time
during a period of revocation imposed under this section, a
driver or owner may request in writing a review of the order of
revocation by the commissioner. Upon receiving a request, the
commissioner or the commissioner's designee shall review the
order, the evidence upon which the order was based, and any
other material information brought to the attention of the
commissioner, and determine whether sufficient cause exists to
sustain the order. Within 15 days of receiving the request, the
commissioner shall send the results of the review in writing to
the person requesting the review. The review provided in this
subdivision is not subject to the contested case provisions of
the administrative procedure act in sections 14.001 to 14.69.
The availability of administrative review for an order of
revocation shall have no effect upon the availability of
judicial review under section 171.19.
Subd. 9. [NOTICE OF ACTION TO OTHER STATES.] When it has
been finally determined that a nonresident's operating privilege
in this state has been revoked or denied, the commissioner of
public safety shall give information in writing of the action
taken to the official in charge of traffic control or public
safety of the state of the person's residence and of any state
in which the person has a license.
Subd. 10. [TERMINATION OF REVOCATION PERIOD.] Before
reinstatement of a driver's license or permit to drive, or
nonresident operating privileges, the driver or owner shall
produce proof of insurance, or other form of verifiable
insurance information as determined by the commissioner,
indicating that the driver or owner has insurance coverage
satisfactory to the commissioner. The commissioner may require
the insurance identification card provided to satisfy this
subdivision be certified by the insurance carrier to be
noncancelable for a period not to exceed 12 months. The
commissioner of public safety may also require an insurance
identification card to be filed with respect to any and all
vehicles required to be insured under section 65B.48 and owned
by any person whose driving privileges have been revoked as
provided in this section before reinstating the person's
driver's license. A person who knowingly provides false
information for purposes of this subdivision is guilty of a
misdemeanor.
Subd. 11. [EXEMPTIONS.] Buses or other commercial vehicles
operated by the metropolitan transit commission, commercial
vehicles required to file proof of insurance pursuant to chapter
221, and school buses as defined in section 171.01, subdivision
21, are exempt from this section.
Subd. 12. [VEHICLE REGISTRATION REVOCATION.] If a person
whose driver's license or permit is revoked under subdivision 7
is also the owner of the vehicle, the commissioner shall revoke
the registration of the vehicle at the same time. If the owner
of the vehicle does not have a driver's license or permit to
drive, the commissioner shall revoke the registration of the
vehicle. The commissioner shall reinstate registration of the
vehicle only upon receiving proof of insurance or other
verifiable insurance information as determined by the
commissioner, and proof of compliance with all other
requirements for reinstatement of motor vehicle registration,
including payment of required fees.
Sec. 4. Minnesota Statutes 1990, section 169.793, is
amended to read:
169.793 [UNLAWFUL ACTS.]
Subdivision 1. [ACTS.] It shall be unlawful for any person:
(1) to issue, to display, or cause or permit to be
displayed, or have in possession, an insurance identification
card, policy, or written statement knowing or having reason to
know that the insurance is not in force or is not in force as to
the motor vehicle or motorcycle in question;
(2) to alter or make a fictitious insurance identification
card, policy, or written statement; and
(3) to display an altered or fictitious insurance
identification card, insurance policy, or written statement
knowing or having reason to know that the proof has been altered
or is fictitious.
Subd. 2. [PENALTY.] Any person who violates any of the
provisions of subdivision 1 is guilty of a misdemeanor. In
addition to any sentence of imprisonment that the court may
impose, the court shall impose a fine of not less than $200 nor
more than the maximum fine applicable to misdemeanors. The
court may allow community service in lieu of any fine imposed if
the defendant is indigent.
Sec. 5. Minnesota Statutes 1991 Supplement, section
169.795, is amended to read:
169.795 [RULES.]
The commissioner of public safety shall adopt rules
necessary to implement sections 168.041, subdivisions 1a and
subdivision 4; 169.09, subdivision 14; and 169.791 to 169.796.
Sec. 6. Minnesota Statutes 1990, section 169.796, is
amended to read:
169.796 [VERIFICATION OF INSURANCE COVERAGE.]
Subdivision 1. [RELEASE OF INFORMATION.] An insurance
company shall release information to the department of public
safety or the law enforcement authorities necessary to the
verification of insurance coverage. An insurance company or its
agent acting on its behalf, or an authorized person who releases
the above information, whether oral or written, acting in good
faith, is immune from any liability, civil or criminal, arising
in connection with the release of the information.
Subd. 2. [RECEIPT OF DATA BY ELECTRONIC TRANSFER.] The
commissioner may, in the commissioner's discretion, agree to
receive by electronic transfer any information required by this
chapter to be provided to the commissioner by an insurance
company.
Sec. 7. [169.797] [PENALTIES FOR FAILURE TO PROVIDE
SECURITY FOR BASIC REPARATION BENEFITS.]
Subdivision 1. [TORT LIABILITY.] Every owner of a vehicle
for which security has not been provided as required by section
65B.48, shall not by the provisions of this chapter be relieved
of tort liability arising out of the operation, ownership,
maintenance, or use of the vehicle.
Subd. 2. [VIOLATION BY OWNER.] Any owner of a vehicle with
respect to which security is required under sections 65B.41 to
65B.71 who operates the vehicle or permits it to be operated
upon a public highway, street, or road in this state and who
knows or has reason to know that the vehicle does not have
security complying with the terms of section 65B.48 is guilty of
a crime and shall be sentenced as provided in subdivision 4.
Subd. 3. [VIOLATION BY DRIVER.] Any other person who
operates a vehicle upon a public highway, street, or road in
this state who knows or has reason to know that the owner does
not have security complying with the terms of section 65B.48 in
full force and effect is guilty of a crime and shall be
sentenced as provided in subdivision 4.
Subd. 3a. [FALSE STATEMENTS.] Any owner of a vehicle who
falsely claims to have a plan of reparation security in effect
at the time of registration of a vehicle pursuant to section
65B.48 is guilty of a crime and shall be sentenced as provided
in subdivision 4.
Subd. 4. [PENALTY.] (a) A person who violates this section
is guilty of a misdemeanor. A person is guilty of a gross
misdemeanor who violates this section within ten years of the
first of two prior convictions under this section, section
169.791, or a statute or ordinance in conformity with one of
those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle
accident that results in the death of any person or in
substantial bodily harm to any person, as defined in section
609.02, subdivision 7a, is guilty of a gross misdemeanor. The
same prosecuting authority who is responsible for prosecuting
misdemeanor violations of this section is responsible for
prosecuting gross misdemeanor violations of this section. In
addition to any sentence of imprisonment that the court may
impose on a person convicted of violating this section, the
court shall impose a fine of not less than $200 nor more than
the maximum amount authorized by law. The court may allow
community service in lieu of any fine imposed if the defendant
is indigent.
(b) In addition to the criminal penalty, the driver's
license of an operator convicted under this section shall be
revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also
be revoked for not more than 12 months. Before reinstatement of
a driver's license or registration, the operator shall file with
the commissioner of public safety the written certificate of an
insurance carrier authorized to do business in this state
stating that security has been provided by the operator as
required by section 65B.48.
(c) The commissioner shall include a notice of the
penalties contained in this section on all forms for
registration of vehicles required to maintain a plan of
reparation security.
Subd. 4a. [REVOCATION OF REGISTRATION AND SUSPENSION OF
LICENSE.] The commissioner of public safety shall revoke the
registration of any vehicle and may suspend the driver's license
of any operator, without preliminary hearing upon a showing by
department records, including accident reports required to be
submitted by section 169.09, or other sufficient evidence that
security required by section 65B.48 has not been provided and
maintained. Before reinstatement of the registration, there
shall be filed with the commissioner of public safety the
written certificate of an insurance carrier authorized to do
business in the state stating that security has been provided as
required by section 65B.48. The commissioner of public safety
may require the certificate of insurance provided to satisfy
this subdivision to be certified by the insurance carrier to be
noncancelable for a period not to exceed one year. The
commissioner of public safety may also require a certificate of
insurance to be filed with respect to all vehicles required to
be insured under section 65B.48 and owned by any person whose
driving privileges have been suspended or revoked as provided in
this section before reinstating the person's driver's license.
Subd. 5. [NONRESIDENTS.] When a nonresident's operating
privilege is suspended pursuant to this section, the
commissioner of public safety or a designee shall transmit a
copy of the record of the action to the official in charge of
the issuance of licenses in the state in which the nonresident
resides.
Subd. 6. [LICENSE SUSPENSION.] Upon receipt of
notification that the operating privilege of a resident of this
state has been suspended or revoked in any other state pursuant
to a law providing for its suspension or revocation for failure
to deposit security for the payment of judgments arising out of
a vehicle accident, or for failure to provide security covering
a vehicle if required by the laws of that state, the
commissioner of public safety shall suspend the operator's
license of the resident until the resident furnishes evidence of
compliance with the laws of this state and if applicable the
laws of the other state.
Sec. 8. [169.798] [RULES OF COMMISSIONER OF PUBLIC
SAFETY.]
Subdivision 1. [AUTHORITY.] The commissioner of public
safety shall have the power and perform the duties imposed by
sections 65B.41 to 65B.71, this section, and sections 169.797
and 169.799, and may adopt rules to implement and provide
effective administration of the provisions requiring security
and governing termination of security.
Subd. 2. [EVIDENCE OF SECURITY REQUIRED.] The commissioner
of public safety may by rule provide that vehicles owned by
certain persons may not be registered in this state unless
satisfactory evidence is furnished that security has been
provided as required by section 65B.48. If a person who is
required to furnish evidence ceases to maintain security, the
person shall immediately surrender the registration certificate
and license plates for the vehicle. These requirements may be
imposed if:
(1) The registrant has not previously registered a vehicle
in this state; or
(2) An owner or operator of the vehicle has previously
failed to comply with the security requirements of sections
65B.41 to 65B.71 or of prior law; or
(3) The driving record of an owner or operator of the
vehicle evidences a continuing disregard of the laws of this
state enacted to protect the public safety; or
(4) Other circumstances indicate that action is necessary
to effectuate the purposes of sections 65B.41 to 65B.71.
Subd. 3. [SECURITY NOT REQUIRED.] No owner of a boat,
snowmobile, or utility trailer registered for a gross weight of
3,000 pounds or less shall be required by the commissioner of
public safety to furnish evidence that the security required by
section 65B.48 has been provided.
Sec. 9. [169.799] [OBLIGOR'S NOTIFICATION OF LAPSE,
CANCELLATION, OR FAILURE TO RENEW POLICY OF COVERAGE.]
If the required plan of reparation security of an owner or
named insured is canceled, and notification of such fact is
given to the insured as required by section 65B.19, a copy of
such notice shall within 30 days after coverage has expired be
sent to the commissioner of public safety. If, on or before the
end of that 30-day period, the insured owner of a vehicle has
not presented the commissioner of public safety or an authorized
agent with evidence of required security which shall have taken
effect upon the expiration of the previous coverage, or if the
insured owner or registrant has not instituted an objection to
the obligor's cancellation under section 65B.21, within the time
limitations therein specified, the insured owner or registrant
shall immediately surrender the registration certificate and
vehicle license plates to the commissioner of public safety and
may not operate or permit operation of the vehicle in this state
until security is again provided and proof of security furnished
as required by sections 65B.41 to 65B.71.
Sec. 10. Minnesota Statutes 1990, section 171.19, is
amended to read:
171.19 [PETITION FOR REINSTATEMENT OF LICENSES.]
Any person whose driver's license has been refused,
revoked, suspended, or canceled by the commissioner, except
where the license is revoked under section 169.123, may file a
petition for a hearing in the matter in the district court in
the county wherein such person shall reside and, in the case of
a nonresident, in the district court in any county, and such
court is hereby vested with jurisdiction, and it shall be its
duty, to set the matter for hearing upon 15 days' written notice
to the commissioner, and thereupon to take testimony and examine
into the facts of the case to determine whether the petitioner
is entitled to a license or is subject to revocation,
suspension, cancellation, or refusal of license, under the
provisions of this chapter, and shall render judgment
accordingly. The petition shall be heard by the court without a
jury and may be heard in or out of term. The commissioner may
appear in person, or by agents or representatives, and may
present evidence upon the hearing by affidavit personally, by
agents, or by representatives. The petitioner may present
evidence by affidavit, except that the petitioner must be
present in person at such hearing for the purpose of
cross-examination. In the event the department shall be
sustained in these proceedings, the petitioner shall have no
further right to make further petition to any court for the
purpose of obtaining a driver's license until after the
expiration of one year after the date of such hearing.
Sec. 11. Minnesota Statutes 1991 Supplement, section
171.29, subdivision 1, is amended to read:
Subdivision 1. [EXAMINATION REQUIRED.] No person whose
driver's license has been revoked by reason of conviction, plea
of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, or 171.17 or 65B.67, or revoked under
section 169.123 or 169.792 shall be issued another license
unless and until that person shall have successfully passed an
examination as required for an initial license. This
subdivision does not apply to an applicant for early
reinstatement under section 169.792, subdivision 7a.
Sec. 12. Minnesota Statutes 1991 Supplement, section
171.30, subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS OF ISSUANCE.] In any case where
a person's license has been suspended under section 171.18 or
revoked under section 65B.67, 169.121, 169.123,
169.792, 169.797, or 171.17, the commissioner may issue a
limited license to the driver including under the following
conditions:
(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;
(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or
(3) if attendance at a post-secondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.
The commissioner in issuing a limited license may impose
such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.
For purposes of this subdivision, "homemaker" refers to the
person primarily performing the domestic tasks in a household of
residents consisting of at least the person and the person's
dependent child or other dependents.
The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.
In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.
If the person's driver's license or permit to drive, or
nonresident operating privileges, have has been revoked under
section 65B.67 or 169.792, the commissioner may only issue a
limited license to the person after the person has presented an
insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage
satisfactory to the commissioner of public safety. The
commissioner of public safety may require the insurance
identification card provided to satisfy this subdivision be
certified by the insurance company to be noncancelable for a
period not to exceed 12 months.
Sec. 13. [INSTRUCTION TO REVISOR.]
Subdivision 1. [CROSS-REFERENCES.] The revisor of statutes
shall make necessary cross-reference changes in statutes and
rules, consistent with the renumbering and recodification of
sections 65B.67 as 169.797, 65B.68 as 169.798, and 65B.69 as
169.799.
Subd. 2. [REORDERING.] The revisor of statutes shall
reorder the paragraphs of section 169.791, subdivision 1, as
amended by this act, so that the definitions appear in
alphabetical order. The revisor shall also make necessary
cross-reference changes in statutes and rules consistent with
the reordering.
Sec. 14. [REPEALER.]
Minnesota Statutes 1990, sections 65B.67; 65B.68; 65B.69;
and 169.792, subdivision 9; and Minnesota Statutes 1991
Supplement, section 168.041, subdivision 1a, are repealed.
Sec. 15. [APPROPRIATION.]
$66,000 is appropriated from the trunk highway fund to the
commissioner of public safety to cover the additional
expenditures required by this article, to be added to the
appropriation in Laws 1991, chapter 233, section 5, subdivision
8, for fiscal year 1993.
The approved complement of the department of public safety
is increased by one position.
Sec. 16. [EFFECTIVE DATE.]
Sections 1 to 14 are effective January 1, 1993.
ARTICLE 15
LAW ENFORCEMENT AND
PUBLIC SAFETY
Section 1. [169.7995] [CRIMINAL PENALTY FOR FAILURE TO
PRODUCE RENTAL OR LEASE AGREEMENT.]
Subdivision 1. [DEFINITION.] As used in this section:
(1) "rental or lease agreement" means a written agreement
to rent or lease a motor vehicle that contains the name,
address, and driver's license number of the renter or lessee;
and
(2) "person" has the meaning given the term in section
645.44, subdivision 7.
Subd. 2. [REQUIREMENT.] Every person who rents or leases a
motor vehicle in this state for a time period of less than 180
days shall have the rental or lease agreement covering the
vehicle in possession at all times when operating the vehicle
and shall produce it upon the demand of a peace officer. If the
person is unable to produce the rental or lease agreement upon
the demand of a peace officer, the person shall, within 14 days
after the demand, produce the rental or lease agreement to the
place stated in the notice provided by the peace officer. The
rental or lease agreement may be mailed by the person as long as
it is received within 14 days.
Subd. 3. [PENALTY.] A person who fails to produce a rental
or lease agreement as required by this section is guilty of a
misdemeanor. The peace officer may mail the citation to the
address given by the person or to the address stated on the
driver's license, and this service by mail is valid
notwithstanding section 629.34. It is not a defense that the
person failed to notify the department of public safety of a
change of name or address as required under section 171.11. The
citation may be sent after the 14-day period.
Subd. 4. [FALSE OR FICTITIOUS RENTAL OR LEASE
AGREEMENT.] It is a misdemeanor for any person to alter or make
a fictitious rental or lease agreement, or to display an altered
or fictitious rental or lease agreement knowing or having reason
to know the agreement is altered or fictitious.
Sec. 2. Minnesota Statutes 1990, section 259.11, is
amended to read:
259.11 [ORDER; FILING COPIES.]
(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless it finds that there is
an intent to defraud or mislead or in the case of the change of
a minor child's name, the court finds that such name change is
not in the best interests of the child. The court shall set
forth in the order the name and age of the applicant's spouse
and each child of the applicant, if any, and shall state a
description of the lands, if any, in which the applicant and the
spouse and children, if any, claim to have an interest. The
clerk shall file such order, and record the same in the judgment
book. If lands be described therein, a certified copy of the
order shall be filed for record, by the applicant, with the
county recorder of each county wherein any of the same are
situated. Before doing so the clerk shall present the same to
the county auditor who shall enter the change of name in the
auditor's official records and note upon the instrument, over an
official signature, the words "change of name recorded." Any
such order shall not be filed, nor any certified copy thereof be
issued, until the applicant shall have paid to the county
recorder and clerk the fee required by law. No application
shall be denied on the basis of the marital status of the
applicant.
(b) When a person applies for a name change, the court
shall determine whether the person has been convicted of a
felony in this or any other state. If so, the court shall,
within ten days after the name change application is granted,
report the name change to the bureau of criminal apprehension.
The person whose name is changed shall also report the change to
the bureau of criminal apprehension within ten days. The court
granting the name change application must explain this reporting
duty in its order. Any person required to report the person's
name change to the bureau of criminal apprehension who fails to
report the name change as required under this paragraph is
guilty of a gross misdemeanor.
Sec. 3. Minnesota Statutes 1991 Supplement, section
481.10, is amended to read:
481.10 [CONSULTATION WITH PERSONS RESTRAINED.]
All officers or persons having in their custody a person
restrained of liberty upon any charge or cause alleged, except
in cases where imminent danger of escape exists, shall admit any
resident attorney retained by or in behalf of the person
restrained, or whom the restrained person may desire to consult,
to a private interview at the place of custody. Such
custodians, upon request of the person restrained, as soon as
practicable, and before other proceedings shall be had, shall
notify any the attorney residing in the county of the request
for a consultation with the attorney. At all times through the
period of custody, whether or not the person restrained has been
charged, tried, convicted, or is serving an executed sentence,
reasonable telephone access to the attorney shall be provided to
the person restrained at no charge to the attorney or to the
person restrained. Every officer or person who shall violate
any provision of this section shall be guilty of a misdemeanor
and, in addition to the punishment prescribed therefor shall
forfeit $100 to the person aggrieved, to be recovered in a civil
action.
Sec. 4. Minnesota Statutes 1990, section 611.271, is
amended to read:
611.271 [COPIES OF DOCUMENTS; FEES.]
The court administrators of all courts, the prosecuting
attorneys of counties and municipalities, and the law
enforcement agencies of the state and its political subdivisions
shall furnish, upon the request of the district public defender
or the state public defender, copies of any documents, including
police reports, in their possession at no charge to the public
defender.
Sec. 5. Minnesota Statutes 1990, section 624.7131,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION.] Any person may apply for a
pistol transferee permit by providing the following information
in writing to the chief of police of an organized full time
police department of the municipality in which the person
resides or to the county sheriff if there is no such local chief
of police:
(a) The name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) The sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee; and
(c) A statement by the proposed transferee that the
proposed transferee is not prohibited by section 624.713 from
possessing a pistol.
The statement shall be signed by the person applying for a
permit. At the time of application, the local police authority
shall provide the applicant with a dated receipt for the
application.
Sec. 6. Minnesota Statutes 1990, section 624.7131,
subdivision 6, is amended to read:
Subd. 6. [PERMITS VALID STATEWIDE; RENEWAL.] Transferee
permits issued pursuant to this section are valid statewide and
shall expire after one year. A transferee permit may be renewed
in the same manner and subject to the same provisions by which
the original permit was obtained, except that all renewed
permits must comply with the standards adopted by the
commissioner of public safety under section 624.7151. Permits
issued pursuant to this section are not transferable. A person
who transfers a permit in violation of this subdivision is
guilty of a misdemeanor.
Sec. 7. Minnesota Statutes 1990, section 624.7132,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED INFORMATION.] Except as provided
in this section and section 624.7131, every person who agrees to
transfer a pistol shall report the following information in
writing to the chief of police of the organized full-time police
department of the municipality where the agreement is made or to
the appropriate county sheriff if there is no such local chief
of police:
(a) The name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) The sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee;
(c) A statement by the proposed transferee that the
transferee is not prohibited by section 624.713 from possessing
a pistol; and
(d) The address of the place of business of the transferor.
The report shall be signed by the transferor and the
proposed transferee. The report shall be delivered by the
transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding
weekends and legal holidays.
Sec. 8. Minnesota Statutes 1990, section 624.714,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS.] Applications for permits to carry
shall set forth the name, residence, date of birth, height,
weight, color of eyes and hair, sex and distinguishing physical
characteristics, if any, of the applicant in writing the
following information:
(1) the name, residence, telephone number, and driver's
license number or nonqualification certificate number, if any,
of the applicant;
(2) the sex, date of birth, height, weight, and color of
eyes and hair, and distinguishing physical characteristics, if
any, of the applicant;
(3) a statement by the applicant that the applicant is not
prohibited by section 624.713 from possessing a pistol; and
(4) a recent color photograph of the applicant.
The application shall be signed by the applicant.
Sec. 9. Minnesota Statutes 1990, section 624.714,
subdivision 7, is amended to read:
Subd. 7. [RENEWAL.] Permits to carry a pistol issued
pursuant to this section shall expire after one year and shall
thereafter be renewed in the same manner and subject to the same
provisions by which the original permit was obtained, except
that all renewed permits must comply with the standards adopted
by the commissioner of public safety under section 11.
Sec. 10. [624.7151] [STANDARDIZED FORMS.]
By December 1, 1992, the commissioner of public safety
shall adopt statewide standards governing the form and contents,
as required by sections 624.7131 to 624.714, of every
application for a pistol transferee permit, pistol transferee
permit, report of transfer of a pistol, application for a permit
to carry a pistol, and permit to carry a pistol that is granted
or renewed on or after January 1, 1993. The adoption of these
standards is not subject to the rulemaking provisions of chapter
14.
Every application for a pistol transferee permit, pistol
transferee permit, report of transfer of a pistol, application
for a permit to carry a pistol, and permit to carry a pistol
that is received, granted, or renewed by a police chief or
county sheriff on or after January 1, 1993, must meet the
statewide standards adopted by the commissioner of public safety.
Notwithstanding the previous sentence, neither failure of the
department of public safety to adopt standards nor failure of
the police chief or county sheriff to meet them shall delay the
timely processing of applications nor invalidate permits issued
on other forms meeting the requirements of sections 624.7131 to
624.714.
Sec. 11. [624.7161] [FIREARMS DEALERS; CERTAIN SECURITY
MEASURES REQUIRED.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given.
(b) "Firearms dealer" means a dealer federally licensed to
sell pistols who operates a retail business in which pistols are
sold from a permanent business location other than the dealer's
home.
(c) "Small firearms dealer" means a firearms dealer who
operates a retail business at which no more than 50 pistols are
displayed for sale at any time.
(d) "Large firearms dealer" means a firearms dealer who
operates a retail business at which more than 50 pistols are
displayed for sale at any time.
Subd. 2. [SECURITY MEASURES REQUIRED.] After business
hours when the dealer's place of business is unattended, a small
firearms dealer shall place all pistols that are located in the
dealer's place of business in a locked safe or locked steel gun
cabinet, or on a locked, hardened steel rod or cable that runs
through the pistol's trigger guards. The safe, gun cabinet,
rod, or cable must be anchored to prevent its removal from the
premises.
Subd. 3. [SECURITY STANDARDS.] The commissioner of public
safety shall adopt standards specifying minimum security
requirements for small and large firearms dealers. By January
1, 1993, all firearms dealers shall comply with the standards.
The standards may provide for:
(1) alarm systems for small and large firearms dealers;
(2) site hardening and other necessary and effective
security measures required for large firearms dealers;
(3) a system of inspections, during normal business hours,
by local law enforcement officials for compliance with the
standards; and
(4) other reasonable requirements necessary and effective
to reduce the risk of burglaries at firearms dealers' business
establishments.
Sec. 12. Minnesota Statutes 1990, section 626.5531,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS REQUIRED.] A peace officer must
report to the head of the officer's department every violation
of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the offender
was motivated to commit the act by the victim's race, religion,
national origin, sex, age, disability, or characteristics
identified as sexual orientation. The superintendent of the
bureau of criminal apprehension shall adopt a reporting form to
be used by law enforcement agencies in making the reports
required under this section. The reports must include for each
incident all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private
property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and
the victim that is relevant to that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case; and
(8) whether the determination that the offense was
motivated by bias was based on the officer's reasonable belief
or on the victim's allegation; and
(9) any additional information the superintendent deems
necessary for the acquisition of accurate and relevant data.
Sec. 13. Minnesota Statutes 1990, section 626.843,
subdivision 1, is amended to read:
Subdivision 1. [RULES REQUIRED.] The board shall adopt
rules with respect to:
(a) The certification of peace officer training schools,
programs, or courses including training schools for the
Minnesota state patrol. Such schools, programs and courses
shall include those administered by the state, county, school
district, municipality, or joint or contractual combinations
thereof, and shall include preparatory instruction in law
enforcement and minimum basic training courses;
(b) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at each certified peace
officers training school located within the state;
(c) Minimum qualifications for instructors at certified
peace officer training schools located within this state;
(d) Minimum standards of physical, mental, and educational
fitness which shall govern the recruitment and licensing of
peace officers within the state, by any state, county,
municipality, or joint or contractual combination thereof,
including members of the Minnesota state patrol;
(e) Minimum standards of conduct which would affect the
individual's performance of duties as a peace officer;
These standards shall be established and published on or
before July 1, 1979.
(f) Minimum basic training which peace officers appointed
to temporary or probationary terms shall complete before being
eligible for permanent appointment, and the time within which
such basic training must be completed following any such
appointment to a temporary or probationary term;
(g) Minimum specialized training which part-time peace
officers shall complete in order to be eligible for continued
employment as a part-time peace officer or permanent employment
as a peace officer, and the time within which the specialized
training must be completed;
(h) Content of minimum basic training courses required of
graduates of certified law enforcement training schools or
programs. Such courses shall not duplicate the content of
certified academic or general background courses completed by a
student but shall concentrate on practical skills deemed
essential for a peace officer. Successful completion of such a
course shall be deemed satisfaction of the minimum basic
training requirement;
(i) Grading, reporting, attendance and other records, and
certificates of attendance or accomplishment;
(j) The procedures to be followed by a part-time peace
officer for notifying the board of intent to pursue the
specialized training for part-time peace officers who desire to
become peace officers pursuant to clause (g), and section
626.845, subdivision 1, clause (g);
(k) The establishment and use by any political subdivision
or state law enforcement agency which employs persons licensed
by the board of procedures for investigation and resolution of
allegations of misconduct by persons licensed by the board. The
procedures shall be in writing and shall be established on or
before October 1, 1984;
(l) The issues that must be considered by each political
subdivision and state law enforcement agency that employs
persons licensed by the board in establishing procedures under
section 626.5532 to govern the conduct of peace officers who are
in pursuit of a vehicle being operated in violation of section
609.487, and requirements for the training of peace officers in
conducting pursuits. The adoption of specific procedures and
requirements is within the authority of the political
subdivision or agency; and
(m) Supervision of part-time peace officers and
requirements for documentation of hours worked by a part-time
peace officer who is on active duty. These rules shall be
adopted by December 31, 1993; and
(n) Such other matters as may be necessary consistent with
sections 626.84 to 626.855. Rules promulgated by the attorney
general with respect to these matters may be continued in force
by resolution of the board if the board finds the rules to be
consistent with sections 626.84 to 626.855.
Sec. 14. Minnesota Statutes 1990, section 626.8451, is
amended to read:
626.8451 [TRAINING IN IDENTIFYING AND RESPONDING TO CERTAIN
CRIMES MOTIVATED BY BIAS.]
Subdivision 1. [TRAINING COURSE; CRIMES MOTIVATED BY
BIAS.] The board must prepare a training course to assist peace
officers in identifying and responding to crimes motivated by
the victim's race, religion, national origin, sex, age,
disability, or characteristics identified as sexual
orientation. The course must include material to help officers
distinguish bias crimes from other crimes, to help officers in
understanding and assisting victims of these crimes, and to
ensure that bias crimes will be accurately reported as required
under section 626.5531. The course must be updated periodically
as the board considers appropriate.
Subd. 1a. [TRAINING COURSE; CRIMES OF VIOLENCE.] In
consultation with the crime victim and witness advisory council
and the school of law enforcement, the board shall prepare a
training course to assist peace officers in responding to crimes
of violence and to enhance peace officer sensitivity in
interacting with and assisting crime victims. The course must
include information about:
(1) the needs of victims of these crimes and the most
effective and sensitive way to meet those needs or arrange for
them to be met;
(2) the extent and causes of crimes of violence, including
physical and sexual abuse, physical violence, and neglect;
(3) the identification of crimes of violence and patterns
of violent behavior; and
(4) culturally responsive approaches to dealing with
victims and perpetrators of violence.
Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual
may not be licensed as a peace officer after August 1, 1990,
unless the individual has received the training described in
subdivision 1. An individual is not eligible to take the peace
officer licensing examination after August 1, 1994, unless the
individual has received the training described in subdivision 1a.
Subd. 3. [IN-SERVICE TRAINING; BOARD REQUIREMENTS.] The
board must provide to chief law enforcement officers
instructional materials patterned after the materials developed
by the board under subdivision subdivisions 1 and 1a. These
materials must meet board requirements for continuing education
credit and be updated periodically as the board considers
appropriate. The board must also seek funding for an
educational conference to inform and sensitize chief law
enforcement officers and other interested persons to the law
enforcement issues associated with bias crimes and crimes of
violence. If funding is obtained, the board may sponsor the
educational conference on its own or with other public or
private entities.
Subd. 4. [IN-SERVICE TRAINING; CHIEF LAW ENFORCEMENT
OFFICER REQUIREMENTS.] A chief law enforcement officer must
inform all peace officers within the officer's agency of (1) the
requirements of section 626.5531, (2) the availability of the
instructional materials provided by the board under subdivision
3, and (3) the availability of continuing education credit for
the completion of these materials. The chief law enforcement
officer must also encourage these peace officers to review or
complete the materials.
Sec. 15. Minnesota Statutes 1990, section 626.8465,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION OF POWERS AND DUTIES.] No law
enforcement agency shall utilize the services of a part-time
peace officer unless the part-time peace officer exercises the
part-time peace officer's powers and duties under the
supervision, directly or indirectly of a licensed peace officer
designated by the chief law enforcement officer. Supervision
also may be via radio communications. With the consent of the
county sheriff, the designated supervising officer may be a
member of the county sheriff's department.
Sec. 16. [ADVISORY TASK FORCE.]
The commissioner of public safety shall appoint a task
force to recommend firearms dealers' security standards as
required by section 11. The task force shall consist of
appropriate interested persons, including firearms dealers and
crime prevention officers. The task force shall recommend
standards by September 1, 1992, and the commissioner shall adopt
standards by October 1, 1992.
Sec. 17. [EFFECTIVE DATE.]
Section 16 is effective the day following final enactment.
Sections 1 and 2 are effective August 1, 1992, and apply to
crimes committed on or after that date.
ARTICLE 16
CAMPUS SAFETY AND SECURITY
Section 1. [VIOLENCE AND SEXUAL HARASSMENT.]
Subdivision 1. [PLANS.] Each public and private
post-secondary institution, as defined in Minnesota Statutes,
section 136A.101, subdivision 4, shall prepare and begin to
implement plans to avoid problems of violence and sexual
harassment on campus. The plans shall indicate the current
status of the components in subdivision 2, the means to improve
that status, a timeline for implementation of the improvements,
and an estimated cost of implementing each improvement.
Subd. 2. [COMPONENTS.] Each campus plan shall address at
least the following components:
(1) security such as type and level of security systems on
campus, including physical plant, escort services, and other
human resources; and
(2) training such as programs or other efforts to provide
mandatory training to faculty, staff, and students regarding
campus policies and procedures relating to incidents of violence
and sexual harassment and the extent and causes of violence.
Subd. 3. [IMPLEMENTATION.] Each campus shall present its
plan to its governing board by November 15, 1992. Each
governing board shall review the plans with campus
administrators and report the plans by January 15, 1993, to the
higher education coordinating board and the attorney general for
review and comment. Each campus shall begin implementation of
its plans following the approval of its governing board and
review by the higher education coordinating board and the
attorney general. Except for capital improvements, full
implementation must be accomplished by the beginning of the
1994-1995 academic year.
Subd. 4. [REPORT.] The higher education coordinating board
and the attorney general shall report their review and comment
on the plans to the legislature by March 15, 1993.
Sec. 2. [CURRICULUM AND TRAINING ABOUT VIOLENCE AND
ABUSE.]
Subdivision 1. [SURVEY OF EFFECTIVENESS OF
INSTRUCTION.] The higher education coordinating board shall
conduct a random survey of recent Minnesota graduates of an
"eligible institution," focusing on teachers, school district
administrators, school district professional support staff,
child protection workers, law enforcement officers, probation
officers, parole officers, lawyers, physicians, nurses, mental
health professionals, social workers, guidance counselors, and
all other mental health and health care professionals who work
with adult and child victims and perpetrators of violence and
abuse. The survey shall be designed to ascertain whether the
instructional programs the graduates completed provided adequate
instruction about:
(1) the extent and causes of violence and the
identification of violence, which includes physical or sexual
abuse or neglect, and racial or cultural violence; and
(2) culturally and historically sensitive approaches to
dealing with victims and perpetrators of violence.
For the purpose of this section, "eligible institution" has
the meaning given it in Minnesota Statutes, section 136A.101,
subdivision 4.
Subd. 2. [CURRENT COURSE OFFERINGS.] Each public eligible
institution must report, and the University of Minnesota and
each private eligible institution are requested to report, to
the higher education coordinating board current course offerings
and special programs relating to the issues described in
subdivision 1, clauses (1) and (2). At a minimum, the reports
must be filed for those departments offering majors for students
entering the professions described in subdivision 1.
Subd. 3. [CURRICULAR RECOMMENDATION.] The higher education
coordinating board shall convene and staff meetings of the
boards that license occupations listed in subdivision 1, the
University of Minnesota, the technical college, community
college, and state university systems, and the Minnesota private
college council. The boards, the systems, and the council shall
develop recommendations indicating how eligible institutions can
strengthen curricula and special programs in the areas described
in subdivision 1, clauses (1) and (2). The recommendations
shall consider the results of the random survey required by
subdivision 1, and the review of current programs required in
subdivision 2. The recommendations are advisory only and are
intended to assist the institutions in strengthening curricula
and special programs.
Subd. 4. [REPORT TO LEGISLATURE.] By February 15, 1993,
the higher education coordinating board shall report to the
legislature the results of the survey required by subdivision 1,
the review of current programs required by subdivision 2, and
the implementation plan required by subdivision 3.
Sec. 3. [STAFF DEVELOPMENT USING TECHNOLOGY.]
The departments of education, health, human services, and
administration shall develop recommendations about improved uses
of interactive television and the statewide telecommunications
access routing system (STARS) to efficiently and effectively
provide staff development for school district licensed and
nonlicensed staff and training programs for child protection
workers, law enforcement officers, probation officers, parole
officers, lawyers, physicians, nurses, mental health
professionals, social workers, guidance counselors, and all
other mental health and health care professionals who work with
adult and child victims and perpetrators of violence and abuse.
The higher education coordinating board shall convene meetings
of the departments and coordinate efforts to develop those
recommendations. The recommendations shall be reported by the
higher education coordinating board to the legislature by
February 15, 1993.
Sec. 4. [MULTIDISCIPLINARY PROGRAM GRANTS.]
The higher education coordinating board may award grants to
"eligible institutions" as defined in Minnesota Statutes,
section 136A.101, subdivision 4, to provide multidisciplinary
training programs that provide training about:
(1) the extent and causes of violence and the
identification of violence, which includes physical or sexual
abuse or neglect, and racial or cultural violence; and
(2) culturally and historically sensitive approaches to
dealing with victims and perpetrators of violence.
The programs shall be multidisciplinary and include
teachers, child protection workers, law enforcement officers,
probation officers, parole officers, lawyers, physicians,
nurses, mental health professionals, social workers, guidance
counselors, and all other mental health and health care
professionals who work with adult and child victims and
perpetrators of violence and abuse.
ARTICLE 17
MISCELLANEOUS PROVISIONS
Section 1. Minnesota Statutes 1990, section 270A.03,
subdivision 5, is amended to read:
Subd. 5. "Debt" means a legal obligation of a natural
person to pay a fixed and certain amount of money, which equals
or exceeds $25 and which is due and payable to a claimant
agency. The term includes criminal fines imposed under section
609.10 or 609.125 and restitution. A debt may arise under a
contractual or statutory obligation, a court order, or other
legal obligation, but need not have been reduced to judgment.
A debt does not include any legal obligation of a current
recipient of assistance which is based on overpayment of an
assistance grant.
A debt does not include any legal obligation to pay a
claimant agency for medical care, including hospitalization if
the income of the debtor at the time when the medical care was
rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $6,400 or less;
(2) for a debtor with one dependent, an income of $8,200 or
less;
(3) for a debtor with two dependents, an income of $9,700
or less;
(4) for a debtor with three dependents, an income of
$11,000 or less;
(5) for a debtor with four dependents, an income of $11,600
or less; and
(6) for a debtor with five or more dependents, an income of
$12,100 or less.
The income amounts in this subdivision shall be adjusted
for inflation for debts incurred in calendar years 1991 and
thereafter. The dollar amount of each income level that applied
to debts incurred in the prior year shall be increased in the
same manner as provided in section 290.06, subdivision 2d, for
the expansion of the tax rate brackets.
Sec. 2. Minnesota Statutes 1990, section 485.018,
subdivision 5, is amended to read:
Subd. 5. [COLLECTION OF FEES.] The court administrator of
district court shall charge and collect all fees as prescribed
by law and all such fees collected by the court administrator as
court administrator of district court shall be paid to the
county treasurer. Except for those portions of forfeited bail
paid to victims pursuant to existing law, the county treasurer
shall forward all revenue from fees and forfeited bail collected
under chapters 357 and 574 to the state treasurer for deposit in
the state treasury and credit to the general fund, unless
otherwise provided in chapter 611A or other law, in the manner
and at the times prescribed by the state treasurer, but not less
often than once each month. If the defendant or probationer is
located after forfeited bail proceeds have been forwarded to the
state treasurer, the state treasurer shall reimburse the county,
on request, for actual costs expended for extradition,
transportation, or other costs necessary to return the defendant
or probationer to the jurisdiction where the bail was posted, in
an amount not more than the amount of forfeited bail. All other
money must be deposited in the county general fund unless
otherwise provided by law. The court administrator of district
court shall not retain any additional compensation, per diem or
other emolument for services as court administrator of district
court, but may receive and retain mileage and expense allowances
as prescribed by law.
ARTICLE 18
APPROPRIATIONS
Section 1. [APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund to the agencies and for the
purposes specified in this article, to be available for the
fiscal year ending June 30, 1993.
Sec. 2. CORRECTIONS
Total General Fund Appropriation $3,897,000
Of this appropriation, $15,000 is for
the development of standards for
electronic monitoring devices used to
protect victims of domestic abuse.
Of this appropriation, $500,000 is for
battered women services, $300,000 is
for domestic abuse advocacy grants,
$400,000 is for sexual assault victim
services, and $200,000 is for crime
victim center grants. Up to 2.5
percent of the funding for victim
services may be used for administration
of these programs.
Of this appropriation, $250,000 is for
the costs of increased supervised
release efforts provided for in article
1, section 7. The complement of the
department is increased by three
positions for this purpose.
Of this appropriation, $350,000 is for
the costs of operating a sex offender
program at the St. Cloud correctional
facility and for research of the
effectiveness of the program.
Of this appropriation, $500,000 is for
the costs of operating a sex offender
program at Sauk Centre juvenile
correctional facility and for research
of the effectiveness of the program.
Of this appropriation, $150,000 is for
the costs of developing a sex offender
treatment fund as provided for in
article 8, section 4. The complement
of the department is increased by two
positions until July 1, 1993. The
commissioner shall report to the
legislature on the development of this
program by January 15, 1993.
Sec. 3. HUMAN SERVICES
Total General Fund Appropriation 1,500,000
Money appropriated for juvenile mental
health screening projects may not be
used to pay for out-of-home placement
or to replace current funding for
programs presently in operation.
The commissioner shall distribute the
appropriation for family-based services
as special incentive bonus payments
under Minnesota Statutes, section
256F.05, subdivision 4a, or as
family-based crisis service grants
under Minnesota Statutes, section
256F.05, subdivision 8.
Of this appropriation, $200,000 is for
children's safety center demonstration
projects.
Sec. 4. EDUCATION
Total General Fund Appropriation 2,250,000
Up to $50,000 of this appropriation may
be used for administration of the
programs funded in this section. The
state complement of the department of
education is increased by one position
until July 1, 1993.
Up to $500,000 of this appropriation is
for ECFE and is added to the
appropriation in Laws 1991, chapter
265, article 4, section 30, subdivision
5. In fiscal year 1993 only, a
district receiving additional revenue
for ECFE shall receive all the
additional revenue as aid and shall not
have its levy for ECFE programs
adjusted for any of this additional
revenue. One hundred percent of the
aid appropriated must be paid in fiscal
year 1993 according to the process
established in Minnesota Statutes,
section 124.195, subdivision 9.
One hundred percent of the aid
appropriated for violence prevention
education grants must be paid in fiscal
year 1993 according to the process
established in Minnesota Statutes,
section 124.195, subdivision 9.
$250,000 of this appropriation is to
encourage the establishment of
community violence prevention councils
by cities, counties, and school
boards. Councils shall identify
community needs and resources for
violence prevention and development
services that address community needs
related to violence prevention. One
hundred percent of the aid appropriated
for community violence prevention
education grants must be paid in fiscal
year 1993 according to the process
established in Minnesota Statutes,
section 124.195, subdivision 9.
Any of the funds in this section
awarded to school districts but not
expended in fiscal year 1993 shall be
available to the award recipient in
fiscal year 1994 for the same purposes
and activities.
Sec. 5. PUBLIC SAFETY
Total General Fund Appropriation 1,352,000
Of this appropriation, $60,000 is
available immediately after enactment
of this act and is available for
violence prevention efforts until July
1, 1993. The state complement of the
department is increased by one position
for the purposes of this act.
Of this appropriation, $900,000 is to
be distributed by the commissioner
according to the recommendations of the
chemical abuse prevention resource
council for the programs described in
article 10, sections 8, 9, 13, 14, 24,
26, and Minnesota Statutes, section
144.401.
Of this appropriation, $50,000 is to
award a child abuse prevention grant
under article 10, section 27.
Sec. 6. HIGHER EDUCATION
COORDINATING BOARD
Total General Fund Appropriation 150,000
Sec. 7. HEALTH
Total General Fund Appropriation 315,000
The complement of the department is
increased by one position until July 1,
1993, for the home health visit program.
Sec. 8. SUPREME COURT
Total General Fund Appropriation 225,000
Sec. 9. DISTRICT COURTS
Total General Fund Appropriation 500,000
Sec. 10. ATTORNEY GENERAL
Total General Fund Appropriation 75,000
This appropriation is for the costs of
managing psychopathic personality
commitments. These funds shall not be
used for cases in Hennepin and Ramsey
counties.
Sec. 11. BOARD OF PUBLIC DEFENSE
Total General Fund Appropriation 800,000
The appropriation for appellate
services shall be annualized for the
1994-1995 biennium. The board's
approved complement for appellate
services is increased by six positions.
Sec. 12. DEPARTMENT OF JOBS AND TRAINING
Total General Fund Appropriation 1,475,000
$1,000,000 of this appropriation is for
head start programs.
$200,000 of this appropriation is to
supplement youth employment, training,
service, or leadership development
programs currently funded under the
federal Job Training Partnership Act.
$275,000 of this appropriation is to
supplement youth intervention programs
under Minnesota Statutes, section
268.30.
Sec. 13. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 4:09 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes