Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 226-H.F.No. 1700
An act relating to the organization and operation of
state government; appropriating money for the judicial
branch, public safety, public defense, corrections,
and related purposes; providing for the implementation
of, clarifying, and modifying certain criminal and
juvenile provisions; providing for the implementation
of, clarifying, and modifying certain penalty
provisions; increasing the number of judges;
establishing and expanding pilot programs, grant
programs, task forces, committees, and studies;
directing that rules be adopted and amended; providing
for the implementation of, clarifying, and modifying
certain provisions regarding truancy and school
safety; providing penalties; amending Minnesota
Statutes 1994, sections 2.722, subdivision 1, and by
adding a subdivision; 3.732, subdivision 1; 16A.285;
120.14; 120.73, by adding a subdivision; 125.05, by
adding a subdivision; 125.09, subdivision 1; 127.20;
127.27, subdivision 10; 145A.05, subdivision 7a;
152.18, subdivision 1; 171.04, subdivision 1; 171.29,
subdivision 2; 176.192; 179A.03, subdivision 7;
242.31, subdivision 1; 243.166; 243.23, subdivision 3;
243.51, subdivisions 1 and 3; 243.88, by adding a
subdivision; 260.015, subdivision 21; 260.115,
subdivision 1; 260.125; 260.126, subdivision 5;
260.131, subdivision 4, and by adding a subdivision;
260.132, subdivisions 1, 4, and by adding a
subdivision; 260.155, subdivisions 2 and 4; 260.161,
subdivision 3; 260.181, subdivision 4; 260.185, by
adding subdivisions; 260.191, subdivision 1; 260.193,
subdivision 4; 260.195, subdivision 3, and by adding a
subdivision; 260.215, subdivision 1; 260.291,
subdivision 1; 271.06, subdivision 4; 299A.35,
subdivision 1; 299A.38, subdivision 2; 299A.44;
299A.51, subdivision 2; 299C.065, subdivisions 1a, 3,
and 3a; 299C.10, subdivision 1, and by adding a
subdivision; 299C.62, subdivision 4; 357.021,
subdivision 2; 364.09; 388.24, subdivision 4; 401.065,
subdivision 3a; 466.03, by adding a subdivision;
480.30; 481.01; 494.03; 518.165, by adding a
subdivision; 518B.01, subdivisions 2, 4, 8, 14, and by
adding a subdivision; 563.01, subdivision 3; 609.055,
subdivision 2; 609.101, subdivisions 1, 2, and 3;
609.135, by adding a subdivision; 609.1352,
subdivisions 3, 5, and by adding a subdivision;
609.152, subdivision 1; 609.19; 609.341, subdivision
11; 609.3451, subdivision 1; 609.485, subdivisions 2
and 4; 609.605, subdivision 4; 609.746, subdivision 1;
609.748, subdivision 3a; 609.749, subdivision 5;
611.17; 611.20, subdivision 3, and by adding
subdivisions; 611.27, subdivision 4; 611.35,
subdivision 1; 611A.01; 611A.04, subdivision 1;
611A.19, subdivision 1; 611A.31, subdivision 2;
611A.53, subdivision 2; 611A.71, subdivision 7;
611A.73, subdivision 3; 611A.74; 617.23; 624.22;
624.712, subdivision 5; 626.13; 626.841; 626.843,
subdivision 1; 626.861, subdivisions 1 and 4; 628.26;
629.341, subdivision 1; 629.715, subdivision 1;
629.72, subdivisions 1, 2, and 6; 641.14; and 641.15,
subdivision 2; Laws 1993, chapter 146, article 2,
section 31; Laws 1993, chapter 255, sections 1,
subdivisions 1 and 4; and 2; and Laws 1994, chapter
643, section 79, subdivisions 1, 3, and 4; proposing
coding for new law in Minnesota Statutes, chapters 8;
16B; 120; 127; 243; 244; 257; 260; 299A; 299C; 388;
504; 563; 609; 611A; 626; and 629; proposing coding
for new law as Minnesota Statutes, chapter 260A;
repealing Minnesota Statutes 1994, sections 126.25;
and 611A.61, subdivision 3; Laws 1994, chapter 576,
section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1996" and "1997," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1996, or June 30, 1997,
respectively.
SUMMARY BY FUND
1996 1997 TOTAL
General $ 438,334,000 $ 429,192,000 $ 867,526,000
Environmental 40,000 40,000 80,000
Special Revenue 4,859,000 4,848,000 9,707,000
Trunk Highway 1,694,000 1,696,000 3,390,000
TOTAL $ 444,927,000 $ 435,776,000 $ 880,703,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriation $ 20,340,000 $ 19,434,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
3,975,000 3,987,000
$2,500 the first year and $2,500 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
Subd. 3. Civil Legal Services
5,007,000 5,007,000
This appropriation is for legal service
to low-income clients and for family
farm legal assistance under Minnesota
Statutes, section 480.242. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year of the
biennium. A qualified legal services
program, as defined in Minnesota
Statutes, section 480.24, subdivision
3, may provide legal services to
persons eligible for family farm legal
assistance under Minnesota Statutes,
section 480.242.
The supreme court is requested to
create a joint committee including
representatives from the supreme court,
the Minnesota state bar association,
and the Minnesota legal services
coalition to prepare recommendations
for state funding changes or other
alternatives to maintain an adequate
level of funding and voluntary services
that will address the critical civil
legal needs of low income persons as a
result of reductions in federal
government funding for such programs.
The recommendations should be submitted
to the chairs of the judiciary finance
committee in the house of
representatives and the crime
prevention committee in the senate by
December 31, 1995.
Subd. 4. Family Law Legal
Services
877,000 877,000
This appropriation is to improve the
access of low-income clients to legal
representation in family law matters
and must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
Subd. 5. State Court Administration
8,507,000 7,574,000
The nonfelony enforcement advisory
committee may seek additional funding
from public and private sources.
$500,000 the first year and $50,000 the
second year are for the statewide
juvenile criminal history system,
extended juvenile justice data,
statewide misdemeanor system, and the
tracking system for domestic abuse
orders for protection.
$73,000 the first year and $64,000 the
second year are to administer the
statewide criminal and juvenile justice
community model including salary
expenses.
$374,000 the first year is to implement
the electronic livescan/cardscan
fingerprint technology for the
statewide designated court locations in
accordance with the Minnesota criminal
and juvenile justice task force
recommendations.
$125,000 the first year and $125,000
the second year are to fund the
activities of the juvenile violence
prevention and enforcement unit.* (The
preceding paragraph beginning
"$125,000" was vetoed by the governor.)
Subd. 6. Community Dispute Resolution
245,000 245,000
Subd. 7. Law Library Operations
1,729,000 1,744,000
Sec. 3. COURT OF APPEALS 5,814,000 5,832,000
Sec. 4. DISTRICT COURTS 66,854,000 67,020,000
$180,000 the first year and $180,000
the second year are for two referees in
the fourth judicial district, if a law
is enacted providing for a homestead
agricultural and credit assistance
offset in the same amount.
Sec. 5. BOARD OF JUDICIAL
STANDARDS 209,000 209,000
Sec. 6. TAX COURT 592,000 592,000
Sec. 7. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 31,209,000 28,798,000
Summary by Fund
1996 1997
General 28,991,000 26,564,000
Special Revenue 484,000 498,000
Trunk Highway 1,694,000 1,696,000
Environmental 40,000 40,000
The commissioner shall distribute
additional federal Byrne grant funds
received in federal fiscal year 1995 in
accordance with the commissioner of
public safety's May 12, 1995, letter to
the chairs of the house judiciary
finance committee and senate crime
prevention finance division.
Subd. 2. Emergency Management
2,520,000 1,985,000
Summary by Fund
General 2,480,000 1,945,000
Environmental 40,000 40,000
Subd. 3. Driver and Vehicle Services
12,000 -0-
$12,000 the first year is for
improvements to the department's
driving records computer system to
better indicate to a peace officer
whether to impound the vehicle
registration plates of an individual
pursuant to Minnesota Statutes, section
168.042.
Subd. 4. Criminal Apprehension
17,197,000 16,292,000
Summary by Fund
General 15,019,000 14,098,000
Special Revenue 484,000 498,000
Trunk Highway 1,694,000 1,696,000
Notwithstanding any other law to the
contrary, the bureau of criminal
apprehension shall be responsible for
the following duties in addition to its
other duties:
(1) it shall administer and maintain
the computerized criminal history
record system;
(2) it shall administer and maintain
the fingerprint record system,
including the automated fingerprint
identification system;
(3) it shall administer and maintain
the electronic livescan receipt of
fingerprints system;
(4) it shall administer and maintain
the criminal justice data
communications network;
(5) it shall collect and preserve
statistics on crimes committed in this
state;
(6) it shall maintain a criminal
justice information system (CJIS) that
provides a capability for federal,
state, and local criminal justice
agencies to enter, store, and retrieve
documented information relating to
wanted persons, missing persons, and
stolen property;
(7) it shall be responsible for
performing criminal background checks
on employees, applicants for
employment, and volunteers, as
otherwise required by law;
(8) it shall be responsible for
reporting to the federal bureau of
investigation under the interstate
identification index system; and
(9) it shall administer and maintain
the forensic science laboratory.
The bureau of criminal apprehension
shall make public criminal history data
in its possession accessible to law
enforcement agencies by means of the
internet. A prototype for making
public criminal history data accessible
by means of the internet shall be
available by March 31, 1996.
$500,000 the first year and $50,000 the
second year are for integration and
development of the statewide juvenile
criminal history system, extended
juvenile justice data system, statewide
misdemeanor system, and the tracking
system for domestic abuse orders for
protection with the bureau's
centralized computer systems.
Up to $1,000,000 from dedicated
noncriminal justice records fees may be
used to implement the electronic
livescan/cardscan fingerprint
technology for the statewide
arrest/booking locations in accordance
with the Minnesota criminal and
juvenile justice task force
recommendations.
$751,000 the first year and $510,000
the second year are to upgrade the
bureau's forensic laboratory to
implement new methods of DNA testing.
$60,000 the first year and $60,000 the
second year are to provide the
reimbursements authorized by Minnesota
Statutes, section 299C.063, subdivision
2.* (The preceding paragraph beginning
"$60,000" was vetoed by the governor.)
$387,000 the first year and $398,000
the second year from the bureau of
criminal apprehension account in the
special revenue fund are for laboratory
activities.
$200,000 the first year and $200,000
the second year are for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal activity.
$97,000 the first year and $100,000 the
second year from the bureau of criminal
apprehension account in the special
revenue fund are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$250,000 the first year is for the
continuation of the crime fax
integrated criminal alert network
project.
$206,000 the first year and $206,000
the second year are for improvements in
the bureau's internal systems support
functions.
Subd. 5. Fire Marshal
2,631,000 2,619,000
The commissioner of health shall
transfer $333,000 the first year and
$333,000 the second year from the state
government special revenue fund to the
general fund to reimburse the general
fund for costs of fire safety
inspections performed by the state fire
marshal.
Of this appropriation, $14,000 is
appropriated from the general fund to
the commissioner of public safety to
implement and administer the fireworks
display operator certification program
under Minnesota Statutes, section
624.22.
Subd. 6. Capitol Security
1,436,000 1,436,000
Subd. 7. Liquor Control
490,000 490,000
Subd. 8. Gambling Enforcement
1,137,000 1,140,000
Subd. 9. Drug Policy and
Violence Prevention
3,571,000 2,621,000
Of this appropriation, $852,000 in each
year of the biennium is to be
distributed by the commissioner of
public safety after consulting with the
chemical abuse and violence prevention
council. Amounts not expended in the
first year of the biennium do not
cancel but may be expended in the
second year of the biennium.
$300,000 the first year is for grants
to local law enforcement jurisdictions
to develop three truancy service
centers under Minnesota Statutes,
proposed section 260A.04. Applicants
must provide a one-to-one funding
match. If the commissioner has
received applications from fewer than
three counties by the application
deadline, the commissioner may make
unallocated funds from this
appropriation available to an approved
grantee that can provide the required
one-to-one funding match for the
additional funds.* (The preceding
paragraph beginning "$300,000" was
vetoed by the governor.)
Of this appropriation, not less than
$75,000 in the first year and not less
than $75,000 in the second year are
appropriated to the commissioner of
public safety for transfer to the
commissioner of education for grants to
cities, counties, and school boards for
community violence prevention councils.
During the biennium, councils shall
identify community needs and resources
for violence prevention and development
services that address community needs
related to violence prevention. Any of
the funds awarded to school districts
but not expended in fiscal year 1996,
are available to the award recipient in
fiscal year 1997 for the same purposes
and activities. Any portion of the 1996
appropriation not spent in 1996 is
available in 1997. One hundred percent
of this aid must be paid in the current
fiscal year in the same manner as
specified in Minnesota Statutes,
section 124.195, subdivision 9.
Of this appropriation, $225,000 in each
year is for targeted early intervention
pilot project grants.
$50,000 the first year is for a grant
to a statewide program to create and
develop theatrical plays, workshops,
and educational resources based on a
peer education model that promotes
increased awareness and prevention of
sexual abuse, interpersonal violence,
and sexual harassment. This
appropriation is available until June
30, 1997.
$25,000 the first year and $25,000 the
second year are to establish youth
neighborhood centers.
$100,000 the first year and $100,000
the second year are for a grant to the
Northwest Hennepin Human Services
Council to administer and expand the
Northwest law enforcement project to
municipal and county law enforcement
agencies throughout the metropolitan
area.
$100,000 the first year is for grants
for truancy reduction pilot programs.
$500,000 the first year is for grants
to local law enforcement agencies for
law enforcement officers assigned to
schools. The grants may be used to
expand the assignment of law
enforcement officers to middle schools,
junior high schools, and high schools.
The grants may be used to provide the
local share required for eligibility
for federal funding for these
positions. The amount of the state
grant must be matched by at least an
equal amount of money from nonstate
sources.
Subd. 10. Crime Victims Services
2,012,000 2,012,000
Of this amount, $50,000 may be used to
hire or contract with an attorney to
obtain and collect judgments for
amounts owed to victims by offenders.
Subd. 11. Crime Victims Ombudsman
203,000 203,000
Sec. 8. BOARD OF PRIVATE DETECTIVE
AND PROTECTIVE AGENT SERVICES 102,000 115,000
Of this appropriation, $10,000 is
appropriated for the biennium ending
June 30, 1997, for the purpose of
completing the adoption of agency rules
concerning training requirements and
training programs. This appropriation
shall not become part of the base
funding for the 1998-1999 biennium.
Sec. 9. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 4,375,000 4,350,000
This appropriation is from the peace
officers training account in the
special revenue fund. Any receipts
credited to the peace officer training
account in the special revenue fund in
the first year in excess of $4,375,000
must be transferred and credited to the
general fund. Any receipts credited to
the peace officer training account in
the special revenue fund in the second
year in excess of $4,350,000 must be
transferred and credited to the general
fund.
$850,000 the first year and $850,000
the second year are for law enforcement
educational programs provided by the
state colleges and universities.
$100,000 the first year and $100,000
the second year are for the development
of an advanced law enforcement degree
at the existing school of law
enforcement at Metropolitan State
University.* (The preceding paragraph
beginning "$100,000" was vetoed by the
governor.)
$203,000 the first year and $203,000
the second year shall be made available
to law enforcement agencies to pay
educational expenses and other costs of
students who have been given
conditional offers of employment by the
agency and who are enrolled in the
licensing core of a professional peace
officer education program. No more
than $5,000 may be expended on a single
student.
$2,300,000 the first year and
$2,300,000 the second year are to
reimburse local law enforcement for the
cost of administering board-approved
continuing education to peace officers.
$50,000 in the first year and $50,000
in the second year shall be used to
provide DARE officer training.
$50,000 the first year and $25,000 the
second year are for transfers to the
crime victim and witness account in the
state treasury for the purposes
specified in Minnesota Statutes,
section 611A.675. This sum is
available until expended.* (The
preceding paragraph beginning "$50,000"
was vetoed by the governor.)
The remaining money shall be spent for
the board's operations.
Sec. 10. BOARD OF PUBLIC DEFENSE
Subdivision 1. Total
Appropriation 37,593,000 38,731,000
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. State Public
Defender
3,012,000 2,981,000
Subd. 3. District Public
Defense
33,836,000 35,009,000
$904,000 the first year and $904,000
the second year are for grants to the
five existing public defense
corporations under Minnesota Statutes,
section 611.216.
Subd. 4. Board of Public
Defense
745,000 741,000
For fiscal year 1997, the state board
of public defense shall provide pay
equity for the salaries of state
employed assistant district public
defenders and provide overhead
compensation to state employed
part-time assistant district public
defenders, consistent with the
legislative proposal based on the April
1995 house research department study
entitled Minnesota's Public Defender
Salaries: A Research Study.
The appropriation to the board of
public defense in Laws 1995, chapter
48, section 2, does not expire and is
available until expended.
Sec. 11. CORRECTIONS
Subdivision 1. Total
Appropriation 276,085,000 269,576,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Any unencumbered balances remaining in
the first year do not cancel but are
available for the second year of the
biennium.
Positions and administrative money may
be transferred within the department of
corrections as the commissioner
considers necessary, upon the advance
approval of the commissioner of finance.
For the biennium ending June 30, 1997,
the commissioner of corrections may,
with the approval of the commissioner
of finance, transfer funds to or from
salaries.
Subd. 2. Correctional
Institutions
186,467,000 179,533,000
$50,000 is appropriated the first year
for a youth placement profile study.
The commissioner of corrections, in
consultation with the commissioner of
human services and the veterans homes
board, shall investigate alternatives
for housing geriatric inmates in the
custody of the commissioner of
corrections.
The commissioner of corrections shall
consider the cost-effectiveness of
various housing alternatives, the
possibility of federal reimbursement
under various alternatives, the impact
on existing correctional institutions,
any impact on clients served by
facilities operated by the departments
of human services and veterans affairs,
and the impact on existing employees
and the physical plant at alternative
sites. The commissioner of corrections
shall consult with bargaining units
that represent state employees affected
by an alternative housing proposal.
The commissioner of corrections shall
report findings and recommendations to
the legislature by January 15, 1996.
During the biennium ending June 30,
1997, if it is necessary to reduce
services or staffing within a
correctional facility, the commissioner
or his designee shall meet with
affected exclusive representatives.
The commissioner shall make every
reasonable effort to retain
correctional officer and prison
industry employees should reductions be
necessary.
Subd. 3. Community Services
71,076,000 71,481,000
Of this appropriation, $400,000 shall
be used for the biennium ending June
30, 1997, to provide operational
subsidies under Minnesota Statutes,
section 241.0221, subdivision 5,
paragraph (c), to eight-day temporary
holdover facilities in Washington and
Carver counties.
Of this appropriation, $250,000 is
available in each year of the biennium
for grants to counties under Minnesota
Statutes, section 169.1265, to pay the
costs of developing and operating
intensive probation programs for repeat
DWI offenders; provided that at least
one-half of this appropriation shall be
used for grants to counties seeking to
develop new programs.
The commissioner of public safety shall
impose a surcharge of $10 on each fee
charged for driver license
reinstatement under Minnesota Statutes,
section 171.29, subdivision 2,
paragraph (b), and shall forward these
surcharges to the commissioner of
finance on a monthly basis. Upon
receipt, the commissioner of finance
shall credit the surcharges to the
remote electronic alcohol monitoring
pilot program account in the general
fund of the state treasury. Of the
money in this account, up to $250,000
shall be available to the commissioner
of corrections in each year of the
biennium for the remote electronic
alcohol monitoring pilot program. The
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$3,586,000 the first year and
$7,314,000 the second year are for a
statewide probation and supervised
release caseload reduction grant
program. Counties that deliver
correctional services through Minnesota
Statutes, chapter 260, and that qualify
for new probation officers under this
program shall receive full
reimbursement for the officers'
salaries and reimbursement for the
officers' benefits and support as set
forth in the probations standards task
force report, not to exceed $70,000 per
officer annually. Positions funded by
this appropriation may not supplant
existing services. Position control
numbers for these positions must be
annually reported to the commissioner
of corrections.
Notwithstanding Minnesota Statutes,
section 401.10, in fiscal year 1996 the
commissioner shall allocate $27,912,000
in community corrections act base
funding so that no county receives less
money in fiscal year 1996 than it
received in fiscal year 1995.
The chairs of the house judiciary
finance committee and the senate crime
prevention finance division or their
designees shall convene a work group to
review the current community
corrections equalization formula
contained in Minnesota Statutes,
section 401.10 and to develop a new
formula that is more fair and
equitable. The work group shall
include representatives from the
legislature, the department of
corrections, and the Minnesota
association of community corrections
act counties. The work group shall
develop the new formula by September 1,
1995, and present it for consideration
to the 1996 legislature.
In fiscal year 1997, if the legislature
enacts a new community corrections act
formula, the commissioner shall
allocate all community corrections act
funding according to the new formula.
In fiscal year 1996, the commissioner
shall distribute money appropriated for
state and county probation officer
caseload reduction, increased intensive
supervised release and probation
services, and county probation officer
reimbursement according to the formula
contained in Minnesota Statutes,
section 401.10. These appropriations
may not be used to supplant existing
state or county probation officer
positions or existing correctional
services or programs. The money
appropriated under this provision is
intended to reduce state and county
probation officer workload overcrowding
and to increase supervision of
individuals sentenced to probation at
the county level. This increased
supervision may be accomplished through
a variety of methods, including but not
limited to: (1) innovative technology
services, such as automated probation
reporting systems and electronic
monitoring; (2) prevention and
diversion programs; (3)
intergovernmental cooperation
agreements between local governments
and appropriate community resources;
and (4) traditional probation program
services.
Of this appropriation, $75,000 in the
first year is to be transferred by the
commissioner of corrections to the
legislative auditor for a weighted
workload study to be used as a basis
for fund distributions across all three
probation delivery systems, based on
uniform workload standards and level of
risk of individual offenders, and to
make ongoing outcome data available on
cases.
The study must recommend to the
legislature by January 10, 1996, a
statewide, uniform workload system and
definitions of levels of risk; a
standardized data collection system
using the uniform definitions of
workload and risk and a timeline for
reporting data; and a new mechanism or
formula for aid distribution based on
the data, that could be operational by
July 1, 1996.
In fiscal year 1997, the commissioner
shall distribute money appropriated for
state and county probation officer
caseload reduction, increased intensive
supervised release and reimbursement
according to uniform workload standards
and definitions of levels of risk
adopted by the legislature after review
of the legislative auditor's weighted
workload study.
Of this appropriation, $3,400,000 the
first year and $3,400,000 the second
year are for the extended jurisdiction
juvenile partnership program subsidy.
Each county will be charged a sum equal
to the per diem cost of confinement of
those juveniles under 18 years of age
convicted as extended jurisdiction
juveniles and committed to the
commissioner after July 1, 1995, and
confined in a state correctional
facility. Provided, however, that the
amount charged a county for the costs
of confinement shall not exceed the
extended jurisdiction juvenile subsidy
to which the county is eligible. All
charges shall be upon the county of
commitment. Nothing in this section
shall relieve counties participating in
the community corrections act from the
requirement to pay per diem costs as
prescribed in Minnesota Statutes,
chapter 401.
$1,000,000 the first year and
$1,000,000 the second year are for
grants for a comprehensive continuum of
care for juveniles at high risk to
become extended jurisdiction juveniles
and for extended jurisdiction juveniles.
The sentencing to service program shall
include at least three work crews whose
primary function is the removal of
graffiti and other defacing signs and
symbols from public property and from
the property of requesting private
property owners.
$500,000 in the first year is for
grants to family services
collaboratives to establish youth
service center pilot projects for
juveniles under the jurisdiction of the
juvenile court. The centers may
provide medical, educational,
job-related and social service
programs. At least two-thirds of the
funds appropriated shall be awarded to
collaboratives in the first, third,
fifth, sixth, seventh, eighth, ninth,
or tenth judicial districts. A written
report, detailing the impact of the
projects, shall be presented to the
legislature on January 1, 1997.
$2,161,000 is appropriated from the
general fund for the fiscal biennium
ending June 30, 1997, to develop and
implement the productive day initiative
program established in Minnesota
Statutes, section 241.275. Of this
amount, 11 percent shall be distributed
to Anoka county and 11 percent to
Olmsted county. The remainder shall be
distributed pro rata to Hennepin and
Ramsey counties and to Arrowhead
regional corrections. The recipients
must provide an equal match of local
government resources.
$200,000 for the biennium ending June
30, 1997, is to be used by the
commissioner of corrections to develop
a grant for the development and
implementation of a criterion-related
cross validation study designed to
measure outcomes of placing juveniles
in out-of-home placement programs. The
study must be completed in two years.
The goals of the study are to:
(1) provide outcome data as a result of
out-of-home placement intervention for
juveniles;
(2) provide a measurement to predict
the future behavior of juveniles; and
(3) identify the particular character
traits of juveniles that each program
treats most effectively so as to place
juveniles in facilities that are best
suited to providing effective treatment.
$12,000 the first year is to adopt
rules and administer the advisory
committee on juvenile facility
programming rules.
$25,000 the first year is to conduct a
study on the use of secure treatment
facilities for juveniles.
None of this appropriation shall be
used to pay for biomedical intervention
for sex offenders.
Subd. 4. Management Services
18,542,000 18,562,000
Of this appropriation, $200,000 is
appropriated for the biennium ending
June 30, 1997, to be transferred to the
ombudsman for crime victims.
During the biennium ending June 30,
1997, when awarding grants for victim's
programs and services, the commissioner
shall give priority to geographic areas
that are unserved or underserved by
programs or services.
Of this appropriation $325,000 is
appropriated from the general fund to
the commissioner of corrections for the
purpose of funding battered women's
services under Minnesota Statutes,
section 611A.32. The services to be
funded include:
(1) Asian battered women's shelter;
(2) African-American battered women's
shelter;
(3) child advocacy services in battered
women programs; and
(4) community-based domestic abuse
advocacy and support services programs
in judicial districts not currently
receiving grants from the commissioner.
Of this appropriation, $325,000 is
appropriated in fiscal years 1996 and
1997 from the general fund to the
commissioner of corrections to be used
to fund grants to sexual assault
programs. Grant money for sexual
assault programs may be used to:
(1) establish and maintain sexual
assault services;
(2) increase the funding base for
providers of services to victims of
sexual assault;
(3) establish and maintain six new
programs to serve unserviced and
underserviced populations; and
(4) fund special need programs.
$100,000 the first year and $100,000
the second year are to develop a
continuum of care for juvenile female
offenders. The commissioner of
corrections shall collaborate with the
commissioners of human services,
health, economic security, planning,
education, and public safety and with
representatives of the private sector
to develop a comprehensive continuum of
care to address the gender-specific
needs of juvenile female offenders.
Of this amount, $455,000 the first year
and $375,000 the second year are for
increased rent for an increase in space
and for the destruction of building No.
30 at the Minnesota Correctional
Facility, Willow River - Moose Lake.
When the department of human services
receives federal reimbursement for the
destruction of building No. 30, the
department of human services must
transfer the federal funds it receives
to the department of corrections.
The department of corrections shall
develop options for achieving equity in
its employee pension program by
December 1, 1995. The plan must
consider financially responsible
mechanisms to achieve pension equity,
including but not limited to, changing
participation rates, age of retirement,
and benefits provided under the plan.
The departments of corrections and
human services shall consult with
affected employee unions in developing
a plan and shall bear the cost of any
actuarial studies needed to establish
the cost of possible options. The
department shall propose legislation
during the 1996 regular session to
implement a plan.
Sec. 12. CORRECTIONS OMBUDSMAN 530,000 530,000
Sec. 13. SENTENCING GUIDELINES
COMMISSION 369,000 371,000
Sec. 14. ATTORNEY GENERAL 125,000 125,000
$125,000 the first year and $125,000
the second year are for the advisory
council on drug abuse resistance
education for drug abuse resistance
education programs under Minnesota
Statutes, section 299A.331.
Sec. 15. HUMAN SERVICES 150,000 93,000
$100,000 is appropriated from the
general fund to the commissioner of
human services for the fiscal biennium
ending June 30, 1997, to provide grants
to agencies for interdisciplinary
training of criminal justice officials
who conduct forensic interviews of
children who report being sexually
abused.
$93,000 is appropriated from the
general fund to the commissioner of
human services for the child abuse help
line established under this act to be
available until June 30, 1997.
$25,000 the first year and $25,000 the
second year are for a grant to a
nonprofit, statewide child abuse
prevention organization whose primary
focus is parental self-help and support.
Sec. 16. EDUCATION 500,000 -0-
$500,000 the first year is for grants
to school districts for alternative
programming for at-risk and in-risk
students.* (The preceding section
was vetoed by the governor.)
Sec. 17. HEALTH 80,000 -0-
This amount is for expanded projects
for the Institute of Child and
Adolescent Sexual Health.
Sec. 18. Minnesota Statutes 1994, section 16A.285, is
amended to read:
16A.285 [ALLOWED APPROPRIATION TRANSFERS.]
An agency in the executive, legislative, or judicial branch
may transfer state agency operational money between programs
within the same fund if: (1) the agency first notifies the
commissioner as to the type and intent of the transfer; and (2)
the transfer is consistent with legislative intent. If an
amount is specified for an item within an activity, that amount
must not be transferred or used for any other purpose.
The commissioner shall report the transfers to the chairs
of the senate finance and house of representatives ways and
means committees.
Sec. 19. Minnesota Statutes 1994, section 243.51,
subdivision 1, is amended to read:
Subdivision 1. The commissioner of corrections is hereby
authorized to contract with agencies and bureaus of the United
States attorney general and with the proper officials of other
states or a county of this state for the custody, care,
subsistence, education, treatment and training of persons
convicted of criminal offenses constituting felonies in the
courts of this state, the United States, or other states of the
United States. Such contracts shall provide for reimbursing the
state of Minnesota for all costs or other expenses involved.
Funds received under such contracts shall be deposited in the
state treasury to the credit of the facility in which such
persons may be confined and are appropriated to the commissioner
of corrections for correctional purposes. Any prisoner
transferred to the state of Minnesota pursuant to this
subdivision shall be subject to the terms and conditions of the
prisoner's original sentence as if the prisoner were serving the
same within the confines of the state in which the conviction
and sentence was had or in the custody of the United
States attorney general. Nothing herein shall deprive such
inmate of the right to parole or the rights to legal process in
the courts of this state.
Sec. 20. Minnesota Statutes 1994, section 243.51,
subdivision 3, is amended to read:
Subd. 3. [TEMPORARY DETENTION.] The commissioner of
corrections is authorized to contract with agencies and bureaus
of the United States attorney general and with the appropriate
officials of any other state or county of this state for the
temporary detention of any person in custody pursuant to any
process issued under the authority of the United States, other
states of the United States, or the district courts of this
state. The contract shall provide for reimbursement to the
state of Minnesota for all costs and expenses involved. Money
received under contracts shall be deposited in the state
treasury to the credit of the facility in which the persons may
be confined and are appropriated to the commissioner of
corrections for correctional purposes.
Sec. 21. Minnesota Statutes 1994, section 626.861,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts
from penalty assessments must be credited to a peace officer
officers training account in the special revenue fund. The
peace officers standards and training board shall make the
following allocations from appropriated funds, net of operating
expenses:
(1) for fiscal year 1994:
(i) at least 25 percent for reimbursement to board-approved
skills courses; and
(ii) at least 13.5 percent for the school of law
enforcement;
(2) for fiscal year 1995:
(i) at least 17 percent to the community college system for
one-time start-up costs associated with the transition to an
integrated academic program;
(ii) at least eight percent for reimbursement to
board-approved skills courses in the technical college system;
and
(iii) at least 13.5 percent for the school of law
enforcement.
The balance in each year may be used to pay each local unit
of government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
(b) The board must not reduce allocations to law
enforcement agencies or higher education systems or institutions
to fund legal costs or other board-operating expenses not
presented in the board's biennial legislative budget request.
(c) No school in Minnesota certified by the board shall
provide a nondegree professional peace officer education program
for any state agency or local law enforcement agency after
December 31, 1994, without affirmative legislative approval.
Sec. 22. [CONSOLIDATION OF VICTIM SERVICES.]
Notwithstanding any provision to the contrary, the funds
appropriated for the fiscal year ending June 30, 1997 to the
department of corrections for victim services, the department of
public safety for crime victim services and the supreme court
for community dispute resolution shall not be available unless
the departments of corrections and public safety and the supreme
court provide a plan to the legislature by January 1, 1996. The
plan shall be developed in consultation with affected
constituent groups and shall include the following:
(1) An agreed upon staffing structure to be implemented no
later than July 1, 1996, that places all of the named victim
services programs in one agency; and
(2) Recommendations on a structure for constituent advisory
participation in administering programs in the victim services
unit, including functions of the sexual assault advisory council
under section 611A.32, the battered women advisory council under
section 611A.34, the general crime victims advisory council
under section 611A.361, the abused children advisory council
under section 611A.365, and the crime victim and witness
advisory council under section 611A.71.
Until an advisory structure is implemented, members of
existing councils may receive expense reimbursements as
specified in Minnesota Statutes, section 15.059.
The plan shall be submitted to the chairs of the house
judiciary committee and the senate crime prevention committee.
ARTICLE 2
CRIME
Section 1. Minnesota Statutes 1994, section 145A.05,
subdivision 7a, is amended to read:
Subd. 7a. [CURFEW.] A county board may adopt an ordinance
establishing a countywide curfew for unmarried persons under
17 18 years of age. If the county board of a county located in
the seven-county metropolitan area adopts a curfew ordinance
under this subdivision, the ordinance shall contain an earlier
curfew for children under the age of 12 than for older children.
Sec. 2. Minnesota Statutes 1994, section 152.18,
subdivision 1, is amended to read:
Subdivision 1. If any person who has not previously
participated in or completed a diversion program authorized
under section 401.065 or who has not previously been placed on
probation without a judgment of guilty and thereafter been
discharged from probation under this section is found guilty of
a violation of section 152.024, subdivision 2, 152.025,
subdivision 2, or 152.027, subdivision 2, 3, or 4, for
possession of a controlled substance, after trial or upon a plea
of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under
section 152.01, subdivision 16a, the court may, without entering
a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such
reasonable conditions as it may require and for a period, not to
exceed the maximum sentence provided for the violation. The
court may give the person the opportunity to attend and
participate in an appropriate program of education regarding the
nature and effects of alcohol and drug abuse as a stipulation of
probation. Upon violation of a condition of the probation, the
court may enter an adjudication of guilt and proceed as
otherwise provided. The court may, in its discretion, dismiss
the proceedings against the person and discharge the person from
probation before the expiration of the maximum period prescribed
for the person's probation. If during the period of probation
the person does not violate any of the conditions of the
probation, then upon expiration of the period the court shall
discharge the person and dismiss the proceedings against that
person. Discharge and dismissal under this subdivision shall be
without court adjudication of guilt, but a not public record of
it shall be retained by the department of public safety for the
purpose of use by the courts in determining the merits of
subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of
a criminal investigation, prosecution, or sentencing. Upon
request by law enforcement, prosecution, or corrections
authorities, the department shall notify the requesting party of
the existence of the not public record and the right to seek a
court order to open it pursuant to this section. The court
shall forward a record of any discharge and dismissal under this
subdivision to the department of public safety who shall make
and maintain the not public record of it as provided under this
subdivision. The discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other
purpose.
For purposes of this subdivision, "not public" has the
meaning given in section 13.02, subdivision 8a.
Sec. 3. Minnesota Statutes 1994, section 299A.38,
subdivision 2, is amended to read:
Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-third one-half of
the vest's purchase price or $165 $300. The political
subdivision that employs the peace officer shall pay at least
the lesser of one-third one-half of the vest's purchase price or
$165 $300. The political subdivision may not deduct or pay its
share of the vest's cost from any clothing, maintenance, or
similar allowance otherwise provided to the peace officer by the
law enforcement agency.
Sec. 4. Minnesota Statutes 1994, section 299A.44, is
amended to read:
299A.44 [DEATH BENEFIT.]
Subdivision 1. [PAYMENT REQUIRED.] On certification to the
governor by the commissioner of public safety that a public
safety officer employed within this state has been killed in the
line of duty, leaving a spouse or one or more eligible
dependents, the commissioner of finance shall pay $100,000 from
the public safety officer's benefit account, as follows:
(1) if there is no dependent child, to the spouse;
(2) if there is no spouse, to the dependent child or
children in equal shares;
(3) if there are both a spouse and one or more dependent
children, one-half to the spouse and one-half to the child or
children, in equal shares;
(4) if there is no surviving spouse or dependent child or
children, to the parent or parents dependent for support on the
decedent, in equal shares; or
(5) if there is no surviving spouse, dependent child, or
dependent parent, then no payment may be made from the public
safety officer's benefit fund.
Subd. 2. [ADJUSTMENT OF BENEFIT.] On October 1 of each
year beginning after the effective date of this subdivision, the
commissioner of public safety shall adjust the level of the
benefit payable immediately before October 1 under subdivision
1, to reflect the annual percentage change in the Consumer Price
Index for all urban consumers, published by the federal Bureau
of Labor Statistics, occurring in the one-year period ending on
June 1 immediately preceding such October 1.
Sec. 5. [388.25] [SEX OFFENDER SENTENCING; TRAINING FOR
PROSECUTORS AND PEACE OFFICERS.]
The county attorneys association, in conjunction with the
attorney general's office and the bureau of criminal
apprehension, shall conduct an annual training course for
prosecutors, public defenders, and peace officers on the
specific sentencing statutes and sentencing guidelines
applicable to persons convicted of sex offenses and crimes that
are sexually motivated. The training shall focus on the
sentencing provisions applicable to repeat sex offenders and
patterned sex offenders. The course may be combined with other
training conducted by the county attorneys association or other
groups.
Sec. 6. Minnesota Statutes 1994, section 480.30, is
amended to read:
480.30 [JUDICIAL TRAINING.]
Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.]
The supreme court's judicial education program must include
ongoing training for district court judges on child and
adolescent sexual abuse, domestic abuse, harassment, stalking,
and related civil and criminal court issues. The program must
include information about the specific needs of victims. The
program must include education on the causes of sexual abuse and
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 sexual abuse and domestic abuse programs
and policies within law enforcement agencies and prosecuting
authorities as well as the court system.
Subd. 2. [SEXUAL VIOLENCE.] The supreme court's judicial
education program must include ongoing training for judges,
judicial officers, court services personnel, and sex offender
assessors on the specific sentencing statutes and sentencing
guidelines applicable to persons convicted of sex offenses and
other crimes that are sexually motivated. The training shall
focus on the sentencing provisions applicable to repeat sex
offenders and patterned sex offenders.
Subd. 3. [BAIL EVALUATIONS.] The supreme court's judicial
education program also must include training for judges,
judicial officers, and court services personnel on how to assure
that their bail evaluations and decisions are racially and
culturally neutral.
Sec. 7. Minnesota Statutes 1994, section 494.03, is
amended to read:
494.03 [EXCLUSIONS.]
The guidelines shall exclude:
(1) any dispute involving violence against persons,
including in which incidents arising out of situations that
would support charges under sections 609.221 to 609.2231,
609.342 to 609.345, or 609.365, or any other felony charges;
(2) any matter involving a person who has been adjudicated
incompetent or relating to guardianship,
conservatorship competency, or civil commitment;
(3) any matter involving a person who has been adjudicated
incompetent or relating to guardianship or conservatorship
unless the incompetent person is accompanied by a competent
advocate or the respondent in a guardianship or conservatorship
matter is represented by an attorney, guardian ad litem, or
other representative appointed by the court;
(4) any matter involving neglect or dependency, or
involving termination of parental rights arising under sections
260.221 to 260.245; and
(4) (5) any matter arising under section 626.557 or
sections 144.651 to 144.652, or any dispute subject to chapters
518, 518A, and 518B, and 518C, whether or not an action is
pending, except for postdissolution property distribution
matters and postdissolution visitation matters. This shall not
restrict the present authority of the court or departments of
the court from accepting for resolution a dispute arising under
chapters 518, 518A, and 518C 518B, or from referring disputes
arising under chapters 518, and 518A to for-profit mediation.
Sec. 8. Minnesota Statutes 1994, 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 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 a surcharge of $20
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 of a violation of
state law or local ordinance, other than a traffic or parking
violation.
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) If the court fails to 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 impose an assessment required by
paragraph (b), the court administrator shall correct the record
to show imposition of the assessment described in paragraph (b).
(d) 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.
(e) 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. 9. Minnesota Statutes 1994, section 609.101,
subdivision 2, is amended to read:
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1), when a court sentences a person convicted of violating
section 609.221, 609.222, 609.223, 609.2231, 609.224, 609.267,
or 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it
must impose a fine of not less than $500 30 percent of the
maximum fine authorized by law nor more than the maximum fine
authorized by law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, or 609.2672, it must impose a fine of
not less than $100 nor more than the maximum fine authorized by
law.
The court shall collect the portion of the fine mandated by
this subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim
assistance program serves the county in which the crime was
committed, the court may designate on a case-by-case basis which
program will receive the fine proceeds, giving consideration to
the nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no
victim assistance program serves that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of
finance to be credited to the general fund. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims.
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 sentence of imprisonment or
restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs: crime victim crisis centers,
victim-witness programs, battered women shelters and nonshelter
programs, and sexual assault programs.
Sec. 10. Minnesota Statutes 1994, section 609.101,
subdivision 3, is amended to read:
Subd. 3. [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.]
(a) Notwithstanding any other law, when a court sentences a
person convicted of a controlled substance crime under sections
152.021 to 152.025, it must impose a fine of not less than 20 30
percent of the maximum fine authorized by law nor more than the
maximum fine authorized by law.
(b) 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 sentence of imprisonment or
restitution imposed or ordered by the court.
(c) The court shall collect the fine mandated by this
subdivision and forward 70 percent of it to a local drug abuse
prevention program existing or being implemented in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the state treasurer to be credited to
the general fund. If more than one drug abuse prevention
program serves the county in which the crime was committed, the
court may designate on a case-by-case basis which program will
receive the fine proceeds, giving consideration to the community
in which the crime was committed, the funding needs of the
program, the number of peace officers in each community
certified to teach the program, and the number of children
served by the program in each community. If no drug abuse
prevention program serves communities in that county, the court
shall forward 100 percent of the fine proceeds to the state
treasurer to be credited to the general fund.
(d) The minimum fines required by this subdivision shall be
collected as are other fines. Fine proceeds received by a local
drug abuse prevention program must be used to support that
program, and may be used for salaries of peace officers
certified to teach the program. The drug abuse resistance
education program must report receipt and use of money generated
under this subdivision as prescribed by the drug abuse
resistance education advisory council.
(e) As used in this subdivision, "drug abuse prevention
program" and "program" include:
(1) the drug abuse resistance education program described
in sections 299A.33 and 299A.331; and
(2) any similar drug abuse education and prevention program
that includes the following components:
(A) instruction for students enrolled in kindergarten
through grade six that is designed to teach students to
recognize and resist pressures to experiment with controlled
substances and alcohol;
(B) provisions for parental involvement;
(C) classroom instruction by uniformed law enforcement
personnel;
(D) the use of positive student leaders to influence
younger students not to use drugs; and
(E) an emphasis on activity-oriented techniques designed to
encourage student-generated responses to problem-solving
situations.
Sec. 11. Minnesota Statutes 1994, section 609.135, is
amended by adding a subdivision to read:
Subd. 8. [FINE AND SURCHARGE COLLECTION.] A defendant's
obligation to pay court-ordered fines, surcharges, court costs,
and fees shall survive for a period of six years from the date
of the expiration of the defendant's stayed sentence for the
offense for which the fines, surcharges, court costs, and fees
were imposed, or six years from the imposition or due date of
the fines, surcharges, court costs, and fees, whichever is
later. Nothing in this subdivision extends the period of a
defendant's stay of sentence imposition or execution.
Sec. 12. Minnesota Statutes 1994, section 609.1352, is
amended by adding a subdivision to read:
Subd. 1a. [STATUTORY MAXIMUMS LENGTHENED.] If the
factfinder determines, at the time of the trial or the guilty
plea, that a predatory offense was motivated by, committed in
the course of, or committed in furtherance of sexual contact or
penetration, as defined in section 609.341, and the court is
imposing a sentence under subdivision 1, the statutory maximum
imprisonment penalty for the offense is 40 years,
notwithstanding the statutory maximum imprisonment penalty
otherwise provided for the offense.
Sec. 13. Minnesota Statutes 1994, section 609.1352,
subdivision 3, is amended to read:
Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall base
its finding that the offender is a danger to public safety on
either any of the following factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the sentencing guidelines; or
(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224,
including:
(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 if committed
by an adult; or
(ii) a violation or attempted violation of a similar law of
any other state or the United States; or
(3) the offender planned or prepared for the crime prior to
its commission.
Sec. 14. Minnesota Statutes 1994, section 609.1352,
subdivision 5, is amended to read:
Subd. 5. [CONDITIONAL RELEASE.] At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period or for ten years, whichever is longer.
The conditions of release 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.
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 all or a part of the remaining
portion of the conditional release term in prison. The
commissioner shall not dismiss the offender from supervision
before the 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. 15. Minnesota Statutes 1994, section 609.152,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21;
609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245;
609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664;
609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;
609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.687; 609.855, subdivision 5; any provision of
sections 609.229; 609.377; 609.378; and 609.749 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.
Sec. 16. Minnesota Statutes 1994, section 609.19, is
amended to read:
609.19 [MURDER IN THE SECOND DEGREE.]
Whoever does 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;
(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. As used in this clause,
"order for protection" includes an order for protection issued
under chapter 518B; a harassment restraining order issued under
section 609.748; a court order setting conditions of pretrial
release or conditions of a criminal sentence or juvenile court
disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another
state or of the United States that is similar to any of these
orders.
Sec. 17. [609.2241] [KNOWING TRANSFER OF COMMUNICABLE
DISEASE.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given:
(a) "Communicable disease" means a disease or condition
that causes serious illness, serious disability, or death; the
infectious agent of which may pass or be carried from the body
of one person to the body of another through direct transmission.
(b) "Direct transmission" means predominately sexual or
blood borne transmission.
(c) "A person who knowingly harbors an infectious agent"
refers to a person who receives from a physician or other health
professional:
(1) advice that the person harbors an infectious agent for
a communicable disease;
(2) educational information about behavior which might
transmit the infectious agent; and
(3) instruction of practical means of preventing such
transmission.
(d) "Transfer" means to engage in behavior that has been
demonstrated epidemiologically to be a mode of direct
transmission of an infectious agent which causes the
communicable disease.
(e) "Sexual penetration" means any of the acts listed in
section 609.341, subdivision 12, when the acts described are
committed without the use of a latex or other effective barrier.
Subd. 2. [CRIME.] It is a crime, which may be prosecuted
under section 609.17, 609.185, 609.19, 609.221, 609.222,
609.223, 609.2231, or 609.224, for a person who knowingly
harbors an infectious agent to transfer, if the crime involved:
(1) sexual penetration with another person without having
first informed the other person that the person has a
communicable disease;
(2) transfer of blood, sperm, organs, or tissue, except as
deemed necessary for medical research or if disclosed on donor
screening forms; or
(3) sharing of nonsterile syringes or needles for the
purpose of injecting drugs.
Subd. 3. [AFFIRMATIVE DEFENSE.] It is an affirmative
defense to prosecution, if it is proven by a preponderance of
the evidence, that:
(1) the person who knowingly harbors an infectious agent
for a communicable disease took practical means to prevent
transmission as advised by a physician or other health
professional; or
(2) the person who knowingly harbors an infectious agent
for a communicable disease is a health care provider who was
following professionally accepted infection control procedures.
Nothing in this section shall be construed to be a defense
to a criminal prosecution that does not allege a violation of
subdivision 2.
Subd. 4. [HEALTH DEPARTMENT DATA.] Data protected by
section 13.38 and information collected as part of a health
department investigation under sections 144.4171 to 144.4186 may
not be accessed or subpoenaed by law enforcement authorities or
prosecutors without the consent of the subject of the data.
Sec. 18. Minnesota Statutes 1994, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (k) (l),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by coercion
or the use of a position of authority, or by inducement if the
complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or the use of a position of
authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
(c) "Sexual contact with a person under 13" means the
intentional touching of the complainant's bare genitals or anal
opening by the actor's bare genitals or anal opening with sexual
or aggressive intent or the touching by the complainant's bare
genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
Sec. 19. Minnesota Statutes 1994, section 609.3451,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person is guilty of
criminal sexual conduct in the fifth degree:
(1) if the person engages in nonconsensual sexual contact;
or
(2) the person engages in masturbation or lewd exhibition
of the genitals in the presence of a minor under the age of 16,
knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the
meaning given in section 609.341, subdivision 11, paragraph (a),
clauses (i) and (iv), but does not include the intentional
touching of the clothing covering the immediate area of the
buttocks. Sexual contact also includes the intentional removal
or attempted removal of clothing covering the complainant's
intimate parts or undergarments, if the action is performed with
sexual or aggressive intent.
Sec. 20. Minnesota Statutes 1994, section 609.485,
subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Whoever does any of the
following may be sentenced as provided in subdivision 4:
(1) escapes while held in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of
age;
(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape; or
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; or
(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or 526.10.
For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.
Sec. 21. Minnesota Statutes 1994, section 609.485,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:
(1) if the person who escapes is in lawful custody on a
charge or conviction of a felony, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or 526.10, to imprisonment for not more
than one year and one day or to payment of a fine of not more
than $3,000, or both; or
(3) if such charge or conviction is for a gross misdemeanor
or misdemeanor, or if the person who escapes is in lawful
custody on an allegation or adjudication of a delinquent act
while 18 years of age, to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260.185 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.
Sec. 22. Minnesota Statutes 1994, section 609.746,
subdivision 1, is amended to read:
Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION
DEVICE.] (a) A person is guilty of a misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window
or any other aperture of a house or place of dwelling of
another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(b) A person is guilty of a misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(c) A person is guilty of a misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window
or other aperture of a sleeping room in a hotel, as defined in
section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy
and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing
covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(d) A person is guilty of a misdemeanor who:
(1) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70,
subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has
exposed or is likely to expose their intimate parts, as defined
in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(e) A person is guilty of a gross misdemeanor if the person
violates this subdivision after a previous conviction under this
subdivision or section 609.749.
(d) Paragraph (b) does (f) Paragraphs (b) and (d) do not
apply to law enforcement officers or corrections investigators,
or to those acting under their direction, while engaged in the
performance of their lawful duties. Paragraphs (c) and (d) do
not apply to conduct in: (1) a medical facility; or (2) a
commercial establishment if the owner of the establishment has
posted conspicuous signs warning that the premises are under
surveillance by the owner or the owner's employees.
Sec. 23. Minnesota Statutes 1994, section 609.749,
subdivision 5, is amended to read:
Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who
engages in a pattern of harassing conduct with respect to a
single victim or one or more members of a single household in a
manner that would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm and that
does cause this reaction on the part of the victim, is guilty of
a felony and 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.
(b) For purposes of this subdivision, a "pattern of
harassing conduct" means two or more acts within a five-year
period that violate the provisions of any of the following:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 518B.01, subdivision 14;
(5) section 609.748, subdivision 6;
(6) section 609.605, subdivision 1, paragraph (b), clause
clauses (3), (4), and (7);
(7) section 609.79; or
(8) section 609.795;
(9) section 609.582; or
(10) section 609.595.
Sec. 24. Minnesota Statutes 1994, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS.]
(a) Each judicial district must screen requests under
paragraph (b).
(b) Upon a request for the appointment of counsel, the
court shall make appropriate inquiry into the financial
circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the
applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real
property, the source or sources of income, and any other
information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to
disclose any changes in the applicant's financial circumstances
that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish
appropriate forms for the financial statements. The forms must
contain conspicuous notice of the applicant's continuing duty to
disclose to the court changes in the applicant's financial
circumstances. The information contained in the statement shall
be confidential and for the exclusive use of the court and the
public defender appointed by the court to represent the
applicant except for any prosecution under section 609.48. A
refusal to execute the financial statement or produce financial
records constitutes a waiver of the right to the appointment of
a public defender.
Sec. 25. Minnesota Statutes 1994, section 611.20,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state
treasurer shall deposit the first $180,000 in the general fund.
Payments in excess of $180,000 shall be deposited in the general
fund and credited to a separate account with the board of public
defense. The amount credited to this account is appropriated to
the board of public defense to reimburse the costs of attorneys
providing part-time public defense services.
The balance of this account does not cancel but is
available until expended. Expenditures by the board from this
account for each judicial district public defense office must be
based on the amount of the payments received by the state from
the courts in each judicial district.
Sec. 26. Minnesota Statutes 1994, section 611.20, is
amended by adding a subdivision to read:
Subd. 4. [EMPLOYED DEFENDANTS.] A defendant who is
employed when a public defender is appointed, or who becomes
employed while represented by a public defender, shall reimburse
the state for the cost of the public defender. The court may
accept partial reimbursement from the defendant if the
defendant's financial circumstances warrant a reduced
reimbursement schedule. The court may consider the guidelines
in subdivision 6 in determining a defendant's reimbursement
schedule. If a defendant does not agree to make payments, the
court may order the defendant's employer to withhold a
percentage of the defendant's income to be turned over to the
court. The percentage to be withheld may be determined under
subdivision 6.
Sec. 27. Minnesota Statutes 1994, section 611.20, is
amended by adding a subdivision to read:
Subd. 5. [REIMBURSEMENT RATE.] Legal fees required to be
reimbursed under subdivision 4, shall be determined by
multiplying the total number of hours worked on the case by a
public defender by $30 per hour. The public defender assigned
to the defendant's case shall provide to the court, upon the
court's request, a written statement containing the total number
of hours worked on the defendant's case up to the time of the
request.
Sec. 28. Minnesota Statutes 1994, section 611.20, is
amended by adding a subdivision to read:
Subd. 6. [REIMBURSEMENT SCHEDULE GUIDELINES.] In
determining a defendant's reimbursement schedule, the court may
derive a specific dollar amount per month by multiplying the
defendant's net income by the percent indicated by the following
guidelines:
Net Income Per Number of Dependents
Month of Defendant Not Including Defendant
4 or 3 2 1 0
more
$200 and Below Percentage based on the ability of
the defendant to pay as determined
by the court.
$200 - 350 8% 9.5% 11% 12.5% 14%
$351 - 500 9% 11% 12.5% 14% 15%
$501 - 650 10% 12% 14% 15% 17%
$651 - 800 11% 13.5% 15.5% 17% 19%
$801 and above 12% 14.5% 17% 19% 20%
"Net income" shall have the meaning given it in section
518.551, subdivision 5.
Sec. 29. Minnesota Statutes 1994, section 611.20, is
amended by adding a subdivision to read:
Subd. 7. [INCOME WITHHOLDING.] (a) Whenever an obligation
for reimbursement of public defender costs is ordered by a court
under this section, the amount of reimbursement as determined by
court order must be withheld from the income of the person
obligated to pay. The court shall serve a copy of the
reimbursement order on the defendant's employer.
Notwithstanding any law to the contrary, the order is binding on
the employer when served. Withholding must begin no later than
the first pay period that occurs after 14 days following the
date of the notice. The employer shall withhold from the income
payable to the defendant the amount specified in the order and
shall remit, within ten days of the date the defendant is paid
the remainder of the income, the amounts withheld to the court.
(b) An employer shall not discharge, or refuse to hire, or
otherwise discipline an employee as a result of a wage or salary
withholding authorized by this section. The employer shall be
liable to the court for any amounts required to be withheld. An
employer that fails to withhold or transfer funds in accordance
with this section is also liable for interest on the funds at
the rate applicable to judgments under section 549.09, computed
from the date the funds were required to be withheld. An
employer that has failed to comply with the requirements of this
section is subject to contempt of court.
(c) Amounts withheld under this section do not supersede or
have priority over amounts withheld pursuant to other sections
of law.
Sec. 30. Minnesota Statutes 1994, section 611.35,
subdivision 1, is amended to read:
Subdivision 1. Any person who is represented by a public
defender or appointive counsel shall, if financially able to
pay, reimburse the governmental unit chargeable with the
compensation of such public defender or appointive counsel for
the actual costs to the governmental unit in providing the
services of the public defender or appointive counsel. The
court in hearing such matter shall ascertain the amount of such
costs to be charged to the defendant and shall direct
reimbursement over a period of not to exceed six months, unless
the court for good cause shown shall extend the period of
reimbursement. If a term of probation is imposed as a part of a
sentence, reimbursement of costs as required by this subdivision
may chapter must not be made a condition of probation.
Reimbursement of costs as required by this chapter is a civil
obligation and must not be made a condition of a criminal
sentence.
Sec. 31. Minnesota Statutes 1994, section 617.23, is
amended to read:
617.23 [INDECENT EXPOSURE; PENALTIES.]
Every (a) A person is guilty of a misdemeanor who
shall in any public place, or in any place where others are
present:
(1) willfully and lewdly expose exposes the person's body,
or the private parts thereof, in any public place, or in any
place where others are present, or shall procure;
(2) procures another to expose private parts, and every
person who shall be guilty of; or
(3) engages in any open or gross lewdness or lascivious
behavior, or any public indecency other than hereinbefore
behavior specified, shall be guilty of a misdemeanor in clause
(1) or (2) or this clause.
(b) A person is guilty of a gross misdemeanor if:
(1) the person violates this section in the presence of a
minor under the age of 16; or
(2) the person violates this section after having been
previously convicted of violating this section, sections 609.342
to 609.3451, or a statute from another state in conformity with
any of those sections.
Sec. 32. Minnesota Statutes 1994, section 624.712,
subdivision 5, is amended to read:
Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes
murder in the first, second, and third degrees, manslaughter in
the first and second degrees, aiding suicide, aiding attempted
suicide, felony violations of assault in the first, second,
third, and fourth degrees, assaults motivated by bias under
section 609.2231, subdivision 4, terroristic threats, use of
drugs to injure or to facilitate crime, crimes committed for the
benefit of a gang, commission of a crime while wearing or
possessing a bullet-resistant vest, simple robbery, aggravated
robbery, kidnapping, false imprisonment, criminal sexual conduct
in the first, second, third, and fourth degrees, theft of a
firearm, arson in the first and second degrees, riot, burglary
in the first, second, third, and fourth degrees, harassment and
stalking, shooting at a public transit vehicle or facility,
reckless use of a gun or dangerous weapon, intentionally
pointing a gun at or towards a human being, setting a spring
gun, and unlawfully owning, possessing, operating a machine gun
or short-barreled shotgun, and an attempt to commit any of these
offenses, as each of those offenses is defined in chapter 609.
"Crime of violence" also includes felony violations of the
following: malicious punishment of a child; neglect or
endangerment of a child; and chapter 152.
Sec. 33. Minnesota Statutes 1994, section 626.13, is
amended to read:
626.13 [SERVICE; PERSONS MAKING.]
A search warrant may in all cases be served anywhere within
the issuing judge's county by any of the officers mentioned in
its directions, but by no other person, except in aid of the
officer on the officer's requiring it, the officer being present
and acting in its execution. If the warrant is to be served by
an agent of the bureau of criminal apprehension, an agent of the
division of gambling enforcement, a state patrol trooper, or a
conservation officer, the agent, state patrol trooper, or
conservation officer shall notify the chief of police of an
organized full-time police department of the municipality or, if
there is no such local chief of police, the sheriff or a deputy
sheriff of the county in which service is to be made prior to
execution.
Sec. 34. Minnesota Statutes 1994, section 626.861,
subdivision 1, is amended to read:
Subdivision 1. [LEVY OF ASSESSMENT.] There is levied a
penalty assessment of 15 percent on each fine imposed and
collected by the courts of this state for traffic offenses in
violation of chapters 168 to 173 or equivalent local ordinances,
other than a fine or forfeiture for a violation of a local
ordinance or other law relating to the parking of a vehicle. In
cases where the defendant is convicted but a fine is not
imposed, or execution of the fine is stayed, the court shall
impose a penalty assessment of not less than $5 nor more than
$10 when the conviction is for a misdemeanor or petty
misdemeanor, and shall impose a penalty assessment of not less
than $10 $25 but not more than $50 when the conviction is for a
misdemeanor, gross misdemeanor, or felony. Where multiple
offenses are involved, the penalty assessment shall be assessed
separately on each offense for which the defendant is
sentenced. If imposition or execution of sentence is stayed for
all of the multiple offenses, the penalty assessment shall be
based upon the most serious offense of which the defendant was
convicted. Where the court suspends a portion of a fine, the
suspended portion shall not be counted in determining the amount
of the penalty assessment unless the offender is ordered to pay
the suspended portion of the fine. Suspension of an entire fine
shall be treated as a stay of execution for purposes of
computing the amount of the penalty assessment.
Sec. 35. Minnesota Statutes 1994, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for murder may be found or
made at any time after the death of the person killed.
(b) Indictments or complaints for violation of section
609.42, subdivision 1, clause (1) or (2), shall be found or made
and filed in the proper court within six years after the
commission of the offense.
(c) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within seven nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.
(d) Indictments or complaints for violation of sections
609.342 to 609.344 if the victim was 18 years old or older at
the time the offense was committed, shall be found or made and
filed in the proper court within seven nine years after the
commission of the offense.
(e) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3)(c) shall be found
or made and filed in the proper court within six years after the
commission of the offense.
(f) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (a) and (b), (4), (15),
or (16), 609.631, or 609.821, where the value of the property or
services stolen is more than $35,000, shall be found or made and
filed in the proper court within five years after the commission
of the offense.
(g) Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.
(h) Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.
(i) In all other cases, indictments or complaints shall be
found or made and filed in the proper court within three years
after the commission of the offense.
(j) The limitations periods contained in this section shall
exclude any period of time during which the defendant was not an
inhabitant of or usually resident within this state.
(k) The limitations periods contained in this section for
an offense shall not include any period during which the alleged
offender participated under a written agreement in a pretrial
diversion program relating to that offense.
(1) The limitations periods contained in this section shall
not include any period of time during which physical evidence
relating to the offense was undergoing DNA analysis, as defined
in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the
DNA analysis process in order to gain an unfair advantage.
Sec. 36. Laws 1993, chapter 146, article 2, section 31, is
amended to read:
Sec. 31. [REPEALER.]
Section 20, subdivision 3, is repealed June 30, 1997.
Minnesota Statutes 1992, section 270B.14, subdivision 12, is
repealed June 30, 1995.
Sec. 37. [ELECTRONIC ALCOHOL MONITORING OF DWI OFFENDERS;
PILOT PROGRAM.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meaning given them in this subdivision.
(a) "Breath analyzer unit" means a device that performs
breath alcohol testing and is connected to a remote electronic
alcohol monitoring system.
(b) "Remote electronic alcohol monitoring system" means a
system that electronically monitors the alcohol concentration of
individuals in their homes to ensure compliance with
court-ordered conditions of pretrial release, supervised
release, or probation.
Subd. 2. [PILOT PROGRAM ESTABLISHED.] In cooperation with
the conference of chief judges, the state court administrator,
and the commissioner of public safety, the commissioner of
corrections shall establish a three-year pilot program to
evaluate the effectiveness of using breath analyzer units to
monitor DWI offenders who are ordered to abstain from alcohol
use as a condition of pretrial release, supervised release, or
probation. The pilot program must include procedures ensuring
that violators of this condition of release receive swift
consequences for the violation.
The commissioner of corrections shall select at least two
judicial districts to participate in the pilot program.
Offenders who are ordered to use a breath analyzer unit shall
also be ordered to pay the per diem cost of the monitoring
unless the offender is indigent. The commissioner of
corrections shall reimburse the judicial districts for any costs
the districts incur in participating in the program.
After three years, the commissioner of corrections shall
evaluate the effectiveness of the program and shall report the
results of this evaluation to the conference of chief judges,
the state court administrator, the commissioner of public
safety, and the chairs of the house of representatives and
senate committees having jurisdiction over criminal justice
policy and finance.
Sec. 38. [EFFECTIVE DATES.]
Sections 5 and 6 are effective the day following final
enactment. Sections 20 and 21 are effective the day following
final enactment and apply to crimes committed on or after that
date. Section 35 is effective July 1, 1995, and applies to
crimes committed on or after that date, and to crimes committed
before that date if the limitations period for the offense did
not expire before July 1, 1995. Sections 8 to 19, 22, 23, 31,
32, and 34, are effective July 1, 1995, and apply to crimes
committed on or after that date. Sections 1 to 4, 7, 24 to 30,
33, 36, and 37, are effective July 1, 1995.
ARTICLE 3
JUVENILE JUSTICE
Section 1. [8.36] [ANNUAL REPORT ON SCHOOL SAFETY.]
On or before January 15 of each year, the attorney general
shall prepare a report on safety in secondary and post-secondary
schools. The report must include an assessment and evaluation
of the impact of existing laws and programs on school safety and
antiviolence and include recommendations for changes in law or
policy that would increase the safety of schools and curb
violence. The report must be submitted to the chairs of the
senate and house of representatives committees with jurisdiction
over education and crime issues.
Sec. 2. [120.1045] [BACKGROUND CHECK.]
Subdivision 1. [BACKGROUND CHECK REQUIRED.] A school
hiring authority shall request a criminal history background
check from the superintendent of the bureau of criminal
apprehension on all individuals who are offered employment in
the school. In order to be eligible for employment, an
individual who is offered employment must provide an executed
criminal history consent form and a money order or cashier's
check payable to the bureau of criminal apprehension for the fee
for conducting the criminal history background check. A school
may charge a person offered employment an additional fee of up
to $2 to cover the school's costs under this section. The
superintendent shall perform the background check by retrieving
criminal history data maintained in the criminal justice
information system computers.
Subd. 2. [CONDITIONAL HIRING; DISCHARGE.] A school hiring
authority may hire an individual pending completion of a
background check under subdivision 1 but shall notify the
individual that the individual's employment may be terminated
based on the result of the background check. A school hiring
authority is not liable for failing to hire or for terminating
an individual's employment based on the result of a background
check under this section.
Subd. 3. [EXEMPTION.] The requirements of this section do
not apply to hiring authorities of home schools.
Sec. 3. Minnesota Statutes 1994, section 120.14, is
amended to read:
120.14 [ATTENDANCE OFFICERS.]
The board of any district may authorize the employment of
attendance officers, who shall investigate truancy or
nonattendance at school, make complaints, serve notice and
process, and attend to the enforcement of all laws and district
rules regarding school attendance. When any attendance officer
learns of any case of habitual truancy or continued
nonattendance of any child required to attend school the officer
shall immediately notify the person having control of such child
to forthwith send to and keep the child in school. The
attendance officer shall also refer a habitual truant child as
defined in section 260.015, subdivision 19, and the child's
parent or legal guardian to appropriate services and procedures
under chapter 260A, if available within the school district.
Attendance officers or other designated school officials shall
ensure that the notice required by section 260A.03 for a child
who is a continuing truant is sent. The officer shall act under
the general supervision of the district superintendent.
Sec. 4. [120.1811] [RESIDENTIAL TREATMENT FACILITIES;
EDUCATION.]
Subdivision 1. [EDUCATIONAL SCREENING.] Secure and
nonsecure residential treatment facilities licensed by the
department of human services or the department of corrections
shall screen each juvenile who is held in a facility for at
least 72 hours, excluding weekends or holidays, using an
educational screening tool identified by the department of
education, unless the facility determines that the juvenile has
a current individual education plan and obtains a copy of it.
The department of education shall develop or identify an
education screening tool for use in residential facilities. The
tool must include a life skills development component.
Subd. 2. [RULEMAKING.] The state board of education may,
in consultation with the commissioners of corrections and human
services, make or amend rules relating to education programs in
residential treatment facilities, if necessary, to implement
this section.
Sec. 5. Minnesota Statutes 1994, section 120.73, is
amended by adding a subdivision to read:
Subd. 2b. [SCHOOL UNIFORMS.] Notwithstanding section
120.74, a school board may require students to furnish or
purchase clothing that constitutes a school uniform if the board
has adopted a uniform requirement or program for the student's
school. In adopting a uniform requirement, the board shall
promote student, staff, parent, and community involvement in the
program and account for the financial ability of students to
purchase uniforms.
Sec. 6. Minnesota Statutes 1994, section 125.05, is
amended by adding a subdivision to read:
Subd. 8. [BACKGROUND CHECKS.] (a) The board of teaching
and the state board of education shall request a criminal
history background check from the superintendent of the bureau
of criminal apprehension on all applicants for initial licenses
under their jurisdiction. An application for a license under
this section must be accompanied by:
(1) an executed criminal history consent form, including
fingerprints; and
(2) a money order or cashier's check payable to the bureau
of criminal apprehension for the fee for conducting the criminal
history background check.
(b) The superintendent of the bureau of criminal
apprehension shall perform the background check required under
paragraph (a) by retrieving criminal history data maintained in
the criminal justice information system computers and shall also
conduct a search of the national criminal records repository,
including the criminal justice data communications network. The
superintendent is authorized to exchange fingerprints with the
Federal Bureau of Investigation for purposes of the criminal
history check. The superintendent shall recover the cost to the
bureau of a background check through the fee charged to the
applicant under paragraph (a).
(c) The board of teaching or the state board of education
may issue a license pending completion of a background check
under this subdivision, but shall notify the individual that the
individual's license may be revoked based on the result of the
background check.
Sec. 7. Minnesota Statutes 1994, section 125.09,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR
DENIAL.] The board of teaching or the state board of education,
whichever has jurisdiction over a teacher's licensure, may, on
the written complaint of the school board employing a teacher,
or of a teacher organization, or of any other interested person,
which complaint shall specify the nature and character of the
charges, refuse to issue, refuse to renew, suspend, or
revoke such a teacher's license to teach for any of the
following causes:
(1) Immoral character or conduct;
(2) Failure, without justifiable cause, to teach for the
term of the teacher's contract;
(3) Gross inefficiency or willful neglect of duty; or
(4) Failure to meet licensure requirements; or
(5) Fraud or misrepresentation in obtaining a license.
For purposes of this subdivision, the board of teaching is
delegated the authority to suspend or revoke coaching licenses
under the jurisdiction of the state board of education.
Sec. 8. Minnesota Statutes 1994, section 127.20, is
amended to read:
127.20 [VIOLATIONS; PENALTIES.]
Any person who fails or refuses to provide for instruction
of a child of whom the person has legal custody, and who is
required by section 120.101, subdivision 5, to receive
instruction, when notified so to do by a truant officer or other
official, or any person who induces or attempts to induce any
such child unlawfully to be absent from school, or who knowingly
harbors or employs, while school is in session, any child
unlawfully absent from school, shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more
than $50, or by imprisonment for not more than 30 days. All Any
fines, when collected, shall be paid into the county treasury
for the benefit of the school district in which the offense is
committed.
Sec. 9. Minnesota Statutes 1994, section 127.27,
subdivision 10, is amended to read:
Subd. 10. "Suspension" means an action taken by the school
administration, under rules promulgated by the school board,
prohibiting a pupil from attending school for a period of no
more than five ten school days. If a suspension is longer than
five days, the suspending administrator must provide the
superintendent with a reason for the longer suspension. This
definition does not apply to dismissal from school for one
school day or less. Each suspension action shall include a
readmission plan. The readmission plan shall include, where
appropriate, a provision for alternative programs to be
implemented upon readmission. Suspension may not be
consecutively imposed against the same pupil for the same course
of conduct, or incident of misconduct, except where the pupil
will create an immediate and substantial danger to surrounding
persons or property. In no event shall suspension exceed 15
school days, provided that an alternative program shall be
implemented to the extent that suspension exceeds five days.
Sec. 10. [127.282] [EXPULSION FOR POSSESSION OF FIREARM.]
(a) Notwithstanding the time limitation in section 127.27,
subdivision 5, a school board must expel for a period of at
least one year a pupil who is determined to have brought a
firearm to school except the board may modify this expulsion
requirement for a pupil on a case-by-case basis. For the
purposes of this section, firearm is as defined in United States
Code, title 18, section 921.
(b) Notwithstanding chapter 13, a student's expulsion or
withdrawal or transfer from a school after an expulsion action
is initiated against the student for a weapons violation under
paragraph (a) may be disclosed by the school district initiating
the expulsion proceeding. Unless the information is otherwise
public, the disclosure may be made only to another school
district in connection with the possible admission of the
student to the other district.
Sec. 11. [127.47] [SCHOOL LOCKER POLICY.]
Subdivision 1. [POLICY.] It is the policy of the state of
Minnesota that:
"School lockers are the property of the school district.
At no time does the school district relinquish its exclusive
control of lockers provided for the convenience of students.
Inspection of the interior of lockers may be conducted by school
authorities for any reason at any time, without notice, without
student consent, and without a search warrant. The personal
possessions of students within a school locker may be searched
only when school authorities have a reasonable suspicion that
the search will uncover evidence of a violation of law or school
rules. As soon as practicable after the search of a student's
personal possessions, the school authorities must provide notice
of the search to students whose lockers were searched unless
disclosure would impede an ongoing investigation by police or
school officials."
Subd. 2. [DISSEMINATION.] The locker policy must be
disseminated to parents and students in the way that other
policies of general application to students are disseminated. A
copy of the policy must be provided to a student the first time
after the policy is effective that the student is given the use
of a locker.
Sec. 12. [127.48] [POLICY TO REFER FIREARMS POSSESSOR.]
Each school board must have a policy requiring the
appropriate school official to, as soon as practicable, refer to
the criminal justice or juvenile delinquency system, as
appropriate, any pupil who brings a firearm to school unlawfully.
Sec. 13. Minnesota Statutes 1994, section 171.04,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS NOT ELIGIBLE.] The department
shall not issue a driver's license hereunder:
(1) To any person who is under the age of 16 years; to any
person under 18 years unless such person shall have successfully
completed a course in driver education, including both classroom
and behind-the-wheel instruction, approved by the state board of
education for courses offered through the public schools, or, in
the case of a course offered by a private, commercial driver
education school or institute, by the department of public
safety; except when such person has completed a course of driver
education in another state or has a previously issued valid
license from another state or country; nor to any person under
18 years unless the application of license is approved by either
parent when both reside in the same household as the minor
applicant, otherwise the parent or spouse of the parent having
custody or with whom the minor is living in the event there is
no court order for custody, or guardian having the custody of
such minor, or in the event a person under the age of 18 has no
living father, mother or guardian, the license shall not be
issued to such person unless the application therefor is
approved by the person's employer. Driver education courses
offered in any public school shall be open for enrollment to
persons between the ages of 15 and 18 years residing in the
school district or attending school therein. Any public school
offering driver education courses may charge an enrollment fee
for the driver education course which shall not exceed the
actual cost thereof to the public school and the school
district. The approval required herein shall contain a
verification of the age of the applicant;
(2) To any person whose license has been suspended during
the period of suspension except that a suspended license may be
reinstated during the period of suspension upon the licensee
furnishing proof of financial responsibility in the same manner
as provided in the Minnesota no-fault automobile insurance act;
(3) To any person whose license has been revoked except
upon furnishing proof of financial responsibility in the same
manner as provided in the Minnesota no-fault automobile
insurance act and if otherwise qualified;
(4) To any person who is a drug dependent person as defined
in section 254A.02, subdivision 5;
(5) To any person who has been adjudged legally incompetent
by reason of mental illness, mental deficiency, or inebriation,
and has not been restored to capacity, unless the department is
satisfied that such person is competent to operate a motor
vehicle with safety to persons or property;
(6) To any person who is required by this chapter to take
an examination, unless such person shall have successfully
passed such examination;
(7) To any person who is required under the provisions of
the Minnesota no-fault automobile insurance act of this state to
deposit proof of financial responsibility and who has not
deposited such proof;
(8) To any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
such person would be inimical to public safety or welfare;
(9) To any person when, in the opinion of the commissioner,
such person is afflicted with or suffering from such physical or
mental disability or disease as will affect such person in a
manner to prevent the person from exercising reasonable and
ordinary control over a motor vehicle while operating the same
upon the highways; nor to a person who is unable to read and
understand official signs regulating, warning, and directing
traffic;
(10) To a child for whom a court has ordered denial of
driving privileges under section 260.191, subdivision 1, or
260.195, subdivision 3a, until the period of denial is
completed; or
(11) To any person whose license has been canceled, during
the period of cancellation.
Sec. 14. Minnesota Statutes 1994, section 242.31,
subdivision 1, is amended to read:
Subdivision 1. Whenever a person who has been committed to
the custody of the commissioner of corrections upon conviction
of a crime following certification to district court under the
provisions of section 260.125 is finally discharged by order of
the commissioner, that discharge shall restore the person to all
civil rights and, if so ordered by the commissioner of
corrections, also shall have the effect of setting aside the
conviction, nullifying it and purging the person of it. The
commissioner shall file a copy of the order with the district
court of the county in which the conviction occurred; upon
receipt, the court shall order the conviction set aside. An
order setting aside a conviction for a crime of violence as
defined in section 624.712, subdivision 5, must provide that the
person is not entitled to ship, transport, possess, or receive a
firearm until ten years have elapsed since the order was entered
and during that time the person was not convicted of any other
crime of violence. A person whose conviction was set aside
under this section and who thereafter has received a relief of
disability under United States Code, title 18, section 925,
shall not be subject to the restrictions of this subdivision.
Sec. 15. Minnesota Statutes 1994, section 260.015,
subdivision 21, is amended to read:
Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed
by an adult.
(b) "Juvenile petty offense" also includes an offense,
other than a violation of section 609.224, 609.324, 609.563,
609.576, or 617.23, that would be a misdemeanor if committed by
an adult if:
(1) the child has not been found to be a juvenile petty
offender on more than two prior occasions for a
misdemeanor-level offense;
(2) the child has not previously been found to be
delinquent for a misdemeanor, gross misdemeanor, or felony
offense; or
(3) the county attorney designates the child on the
petition as a juvenile petty offender, notwithstanding the
child's prior record of misdemeanor-level juvenile petty
offenses.
(c) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 16. [260.042] [ORIENTATION AND EDUCATIONAL PROGRAM.]
The court shall make an orientation and educational program
available for juveniles and their families in accordance with
the program established, if any, by the supreme court.
Sec. 17. Minnesota Statutes 1994, section 260.115,
subdivision 1, is amended to read:
Subdivision 1. [TRANSFERS REQUIRED.] Except where a
juvenile court has certified an alleged violation to district
court in accordance with the provisions of section 260.125, the
child is alleged to have committed murder in the first degree
after becoming 16 years of age, or a court has original
jurisdiction of a child who has committed an adult court traffic
offense, as defined in section 260.193, subdivision 1, clause
(c), a court other than a juvenile court shall immediately
transfer to the juvenile court of the county the case of a minor
who appears before the court on a charge of violating any state
or local law or ordinance and who is under 18 years of age or
who was under 18 years of age at the time of the commission of
the alleged offense.
Sec. 18. Minnesota Statutes 1994, section 260.125, is
amended to read:
260.125 [CERTIFICATION TO DISTRICT COURT.]
Subdivision 1. When a child is alleged to have committed,
after becoming 14 years of age, an offense that would be a
felony if committed by an adult, the juvenile court may enter an
order certifying the proceeding to the district court for action
under the criminal laws under the laws and court procedures
controlling adult criminal violations.
Subd. 2. [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as
provided in subdivision 3a or 3b, the juvenile court may order a
certification to district court only if:
(1) a petition has been filed in accordance with the
provisions of section 260.131;
(2) a motion for certification has been filed by the
prosecuting authority;
(3) notice has been given in accordance with the provisions
of sections 260.135 and 260.141;
(4) a hearing has been held in accordance with the
provisions of section 260.155 within 30 days of the filing of
the certification motion, unless good cause is shown by the
prosecution or the child as to why the hearing should not be
held within this period in which case the hearing shall be held
within 90 days of the filing of the motion;
(5) the court finds that there is probable cause, as
defined by the rules of criminal procedure promulgated pursuant
to section 480.059, to believe the child committed the offense
alleged by delinquency petition; and
(6) the court finds either:
(i) that the presumption of certification created by
subdivision 2a applies and the child has not rebutted the
presumption by clear and convincing evidence demonstrating that
retaining the proceeding in the juvenile court serves public
safety; or
(ii) that the presumption of certification does not apply
and the prosecuting authority has demonstrated by clear and
convincing evidence that retaining the proceeding in the
juvenile court does not serve public safety. If the court finds
that the prosecutor has not demonstrated by clear and convincing
evidence that retaining the proceeding in juvenile court does
not serve public safety, the court shall retain the proceeding
in juvenile court.
Subd. 2a. [PRESUMPTION OF CERTIFICATION.] It is presumed
that a proceeding involving an offense committed by a child will
be certified to district court if:
(1) the child was 16 or 17 years old at the time of the
offense; and
(2) the delinquency petition alleges that the child
committed an offense that would result in a presumptive
commitment to prison under the sentencing guidelines and
applicable statutes, or that the child committed any felony
offense while using, whether by brandishing, displaying,
threatening with, or otherwise employing, a firearm.
If the court determines that probable cause exists to believe
the child committed the alleged offense, the burden is on the
child to rebut this presumption by demonstrating by clear and
convincing evidence that retaining the proceeding in the
juvenile court serves public safety. If the court finds that
the child has not rebutted the presumption by clear and
convincing evidence, the court shall certify the child to
district court proceeding.
Subd. 2b. [PUBLIC SAFETY.] In determining whether the
public safety is served by certifying a child to district court
the matter, the court shall consider the following factors:
(1) the seriousness of the alleged offense in terms of
community protection, including the existence of any aggravating
factors recognized by the sentencing guidelines, the use of a
firearm, and the impact on any victim;
(2) the culpability of the child in committing the alleged
offense, including the level of the child's participation in
planning and carrying out the offense and the existence of any
mitigating factors recognized by the sentencing guidelines;
(3) the child's prior record of delinquency;
(4) the child's programming history, including the child's
past willingness to participate meaningfully in available
programming;
(5) the adequacy of the punishment or programming available
in the juvenile justice system; and
(6) the dispositional options available for the child.
In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense and the child's
prior record of delinquency than to the other factors listed in
this subdivision.
Subd. 3a. [PRIOR CERTIFICATION; EXCEPTION.]
Notwithstanding the provisions of subdivisions 2, 2a, and 2b,
the court shall order a certification in any felony case if the
prosecutor shows that the child has been previously prosecuted
on a felony charge by an order of certification 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
certification 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 certification 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.
Subd. 3b. [ADULT CHARGED WITH JUVENILE OFFENSE.] The
juvenile court has jurisdiction to hold a certification hearing
on motion of the prosecuting authority to certify the matter to
district court if:
(1) an adult is alleged to have committed an offense before
the adult's 18th birthday; and
(2) a petition is filed under section 260.131 before
expiration of the time for filing under section 628.26.
The court may not certify the matter to district court under
this subdivision if the adult demonstrates that the delay was
purposefully caused by the state in order to gain an unfair
advantage.
Subd. 4. [EFFECT OF ORDER.] When the juvenile court enters
an order certifying an alleged violation to district court, the
prosecuting authority shall proceed with the case as if the
jurisdiction of the juvenile court had never attached.
Subd. 5. [WRITTEN FINDINGS; OPTIONS.] The court shall
decide whether to order certification to district court within
15 days after the certification hearing was completed, unless
additional time is needed, in which case the court may extend
the period up to another 15 days. If the juvenile court orders
certification, and the presumption described in subdivision 2a
does not apply, the order shall contain in writing, findings of
fact and conclusions of law as to why public safety is not
served by retaining the proceeding in the juvenile court. If
the juvenile court, after a hearing conducted pursuant to
subdivision 2, decides not to order certification to district
court, the decision shall contain, in writing, findings of fact
and conclusions of law as to why certification is not ordered.
If the juvenile court decides not to order certification in a
case in which the presumption described in subdivision 2a
applies, the court shall designate the proceeding an extended
jurisdiction juvenile prosecution and include in its decision
written findings of fact and conclusions of law as to why the
retention of the proceeding in juvenile court serves public
safety, with specific reference to the factors listed in
subdivision 2b. If the court decides not to order certification
in a case in which the presumption described in subdivision 2a
does not apply, the court may designate the proceeding an
extended jurisdiction juvenile prosecution, pursuant to the
hearing process described in section 260.126, subdivision 2.
Subd. 6. [FIRST-DEGREE MURDER.] When a motion for
certification has been filed in a case in which the petition
alleges that the child committed murder in the first degree, the
prosecuting authority shall present the case to the grand jury
for consideration of indictment under chapter 628 within 14 days
after the petition was filed.
Subd. 7. [INAPPLICABILITY TO CERTAIN OFFENDERS.] This
section does not apply to a child excluded from the definition
of delinquent child under section 260.015, subdivision 5,
paragraph (b).
Sec. 19. Minnesota Statutes 1994, section 260.126,
subdivision 5, is amended to read:
Subd. 5. [EXECUTION OF ADULT SENTENCE.] When it appears
that a person convicted as an extended jurisdiction juvenile has
violated the conditions of the stayed sentence, or is alleged to
have committed a new offense, the court may, without notice,
revoke the stay and probation and direct that the offender be
taken into immediate custody. The court shall notify the
offender in writing of the reasons alleged to exist for
revocation of the stay of execution of the adult sentence. If
the offender challenges the reasons, the court shall hold a
summary hearing on the issue at which the offender is entitled
to be heard and represented by counsel. After the hearing, if
the court finds that reasons exist to revoke the stay of
execution of sentence, the court shall treat the offender as an
adult and order any of the adult sanctions authorized by section
609.14, subdivision 3. If the offender was convicted of an
offense described in subdivision 1, clause (2), and the court
finds that reasons exist to revoke the stay, the court must
order execution of the previously imposed sentence unless the
court makes written findings regarding the mitigating factors
that justify continuing the stay. Upon revocation, the
offender's extended jurisdiction status is terminated and
juvenile court jurisdiction is terminated. The ongoing
jurisdiction for any adult sanction, other than commitment to
the commissioner of corrections, is with the adult court.
Sec. 20. Minnesota Statutes 1994, section 260.131, is
amended by adding a subdivision to read:
Subd. 1b. [CHILD IN NEED OF PROTECTION OR SERVICES;
HABITUAL TRUANT.] If there is a school attendance review board
or county attorney mediation program operating in the child's
school district, a petition alleging that a child is in need of
protection or services as a habitual truant under section
260.015, subdivision 2a, clause (12), may not be filed until the
applicable procedures under section 260A.06 or 260A.07 have been
exhausted.
Sec. 21. Minnesota Statutes 1994, section 260.131,
subdivision 4, is amended to read:
Subd. 4. [DELINQUENCY PETITION; EXTENDED JURISDICTION
JUVENILE.] When a prosecutor files a delinquency petition
alleging that a child committed a felony offense for which there
is a presumptive commitment to prison according to the
sentencing guidelines and applicable statutes or in which the
child used a firearm, after reaching the age of 16 years, the
prosecutor shall indicate in the petition whether the prosecutor
designates the proceeding an extended jurisdiction juvenile
prosecution. When a prosecutor files a delinquency petition
alleging that a child aged 14 to 17 years committed a felony
offense, the prosecutor may request that the court designate the
proceeding an extended jurisdiction juvenile prosecution.
Sec. 22. Minnesota Statutes 1994, section 260.132,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE.] When a peace officer, or
attendance officer in the case of a habitual truant, has
probable cause to believe that a child:
(1) is in need of protection or services under section
260.015, subdivision 2a, clause (11) or (12);
(2) is a juvenile petty offender; or
(3) has committed a delinquent act that would be a petty
misdemeanor or misdemeanor if committed by an adult;
the officer may issue a notice to the child to appear in
juvenile court in the county in which the child is found or in
the county of the child's residence or, in the case of a
juvenile petty offense, or a petty misdemeanor or misdemeanor
delinquent act, the county in which the offense was committed.
If there is a school attendance review board or county attorney
mediation program operating in the child's school district, a
notice to appear in juvenile court for a habitual truant may not
be issued until the applicable procedures under section 260A.06
or 260A.07 have been exhausted. The officer shall file a copy
of the notice to appear with the juvenile court of the
appropriate county. If a child fails to appear in response to
the notice, the court may issue a summons notifying the child of
the nature of the offense alleged and the time and place set for
the hearing. If the peace officer finds it necessary to take
the child into custody, sections 260.165 and 260.171 shall apply.
Sec. 23. Minnesota Statutes 1994, section 260.132, is
amended by adding a subdivision to read:
Subd. 3a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] A child
alleged to be a juvenile petty offender may be represented by
counsel, but does not have a right to appointment of a public
defender or other counsel at public expense.
Sec. 24. Minnesota Statutes 1994, section 260.132,
subdivision 4, is amended to read:
Subd. 4. [TRUANT.] When a peace officer or probation
officer has probable cause to believe that a child is currently
under age 16 and absent from school without lawful excuse, the
officer may transport the child to the child's home and deliver
the child to the custody of the child's parent or guardian,
transport the child to the child's school of enrollment and
deliver the child to the custody of a school superintendent or
teacher or transport the child to a truancy service center under
section 260A.04, subdivision 3. For purposes of this
subdivision, a truancy service center is a facility that
receives truant students from peace officers or probation
officers and takes appropriate action including one or more of
the following:
(1) assessing the truant's attendance situation;
(2) assisting in coordinating intervention efforts where
appropriate;
(3) contacting the parents or legal guardian of the truant
and releasing the truant to the custody of the parent or
guardian; and
(4) facilitating the truant's earliest possible return to
school.
Sec. 25. Minnesota Statutes 1994, section 260.155,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian have has the right to effective assistance
of counsel in connection with a proceeding in juvenile
court unless the child is charged with a juvenile petty offense
as defined in section 260.015, subdivision 21. Before a child
who is charged by delinquency petition with a misdemeanor
offense waives the right to counsel or enters a plea, the child
shall consult in person with counsel who shall provide a full
and intelligible explanation of the child's rights. The court
shall appoint counsel, or stand-by counsel if the child waives
the right to counsel, for a child who is:
(1) charged by delinquency petition with a gross
misdemeanor or felony offense; or
(2) the subject of a delinquency proceeding in which
out-of-home placement has been proposed.
(b) If they desire counsel but are unable to employ it, the
court shall appoint counsel to represent the child or the
parents or guardian in any other case in which it feels that
such an appointment is desirable, except a juvenile petty
offense as defined in section 260.015, subdivision 21.
Sec. 26. Minnesota Statutes 1994, section 260.161,
subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260.155, subdivision 1, peace officers' records of
children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18
years of age or older and are private data but shall be
disseminated: (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 or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, or (5) as otherwise provided in this
subdivision. 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. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(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,
case supervision by parole agents, 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, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, 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.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
Sec. 27. [260.1735] [EXTENSION OF DETENTION PERIOD.]
Before July 1, 1997, and pursuant to a request from an
eight-day temporary holdover facility, as defined in section
241.0221, the commissioner of corrections, or the commissioner's
designee, may grant a one-time extension per child to the
eight-day limit on detention under this chapter. This extension
may allow such a facility to detain a child for up to 30 days
including weekends and holidays. Upon the expiration of the
extension, the child may not be transferred to another eight-day
temporary holdover facility. The commissioner shall develop
criteria for granting extensions under this section. These
criteria must ensure that the child be transferred to a
long-term juvenile detention facility as soon as such a transfer
is possible. Nothing in this section changes the requirements
in section 260.172 regarding the necessity of detention hearings
to determine whether continued detention of the child is proper.
Sec. 28. Minnesota Statutes 1994, section 260.181,
subdivision 4, is amended to read:
Subd. 4. [TERMINATION OF JURISDICTION.] (a) The court may
dismiss the petition or otherwise terminate its jurisdiction on
its own motion or on the motion or petition of any interested
party at any time. Unless terminated by the court, and except
as otherwise provided in this subdivision, the jurisdiction of
the court shall continue until the individual becomes 19 years
of age if the court determines it is in the best interest of the
individual to do so. Court jurisdiction under section 260.015,
subdivision 2a, clause (12), may not continue past the child's
17th birthday.
(b) The jurisdiction of the court over an extended
jurisdiction juvenile, with respect to the offense for which the
individual was convicted as an extended jurisdiction juvenile,
extends until the offender becomes 21 years of age, unless the
court terminates jurisdiction before that date.
(c) The juvenile court has jurisdiction to designate the
proceeding an extended jurisdiction juvenile prosecution, to
hold a certification hearing, or to conduct a trial, receive a
plea, or impose a disposition under section 260.126, subdivision
4, if:
(1) an adult is alleged to have committed an offense before
the adult's 18th birthday; and
(2) a petition is filed under section 260.131 before
expiration of the time for filing under section 628.26 and
before the adult's 21st birthday.
The juvenile court lacks jurisdiction under this paragraph if
the adult demonstrates that the delay was purposefully caused by
the state in order to gain an unfair advantage.
(d) The district court has original and exclusive
jurisdiction over a proceeding:
(1) that involves an adult who is alleged to have committed
an offense before the adult's 18th birthday; and
(2) in which a criminal complaint is filed before
expiration of the time for filing under section 628.26 and after
the adult's 21st birthday.
The juvenile court retains jurisdiction if the adult
demonstrates that the delay in filing a criminal complaint was
purposefully caused by the state in order to gain an unfair
advantage.
(e) The juvenile court has jurisdiction over a person who
has been adjudicated delinquent until the person's 21st birthday
if the person fails to appear at any juvenile court hearing or
fails to appear at or absconds from any placement under a
juvenile court order. The juvenile court has jurisdiction over
a convicted extended jurisdiction juvenile who fails to appear
at any juvenile court hearing or fails to appear at or absconds
from any placement under section 260.126, subdivision 4. The
juvenile court lacks jurisdiction under this paragraph if the
adult demonstrates that the delay was purposefully caused by the
state in order to gain an unfair advantage.
Sec. 29. Minnesota Statutes 1994, section 260.185, is
amended by adding a subdivision to read:
Subd. 1b. [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY;
TRANSFERS.] An adjudicated juvenile may not be placed in a
licensed juvenile secure treatment facility unless the placement
is approved by the juvenile court. However, the program
administrator may determine the juvenile's length of stay in the
secure portion of the facility. The administrator shall notify
the court of any movement of juveniles from secure portions of
facilities. However, the court may, in its discretion, order
that the juveniles be moved back to secure portions of the
facility.
Sec. 30. Minnesota Statutes 1994, section 260.185, is
amended by adding a subdivision to read:
Subd. 1c. [PLACEMENT OF JUVENILES IN SECURE FACILITIES;
REQUIREMENTS.] Before a postadjudication placement of a juvenile
in a secure treatment facility either inside or outside the
state, the court may:
(1) consider whether the juvenile has been adjudicated for
a felony offense against the person or that in addition to the
current adjudication, the juvenile has failed to appear in court
on one or more occasions or has run away from home on one or
more occasions;
(2) conduct a subjective assessment to determine whether
the child is a danger to self or others or would abscond from a
nonsecure facility or if the child's health or welfare would be
endangered if not placed in a secure facility;
(3) conduct a culturally appropriate psychological
evaluation which includes a functional assessment of anger and
abuse issues; and
(4) conduct an educational and physical assessment of the
juvenile.
In determining whether to order secure placement, the court
shall consider the necessity of:
(1) protecting the public;
(2) protecting program residents and staff; and
(3) preventing juveniles with histories of absconding from
leaving treatment programs.
Sec. 31. Minnesota Statutes 1994, section 260.191,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the
local social services agency or child-placing agency in the
child's own home under conditions prescribed by the court
directed to the correction of the child's need for protection or
services;
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency.
In placing a child whose custody has been transferred under
this paragraph, the agencies shall follow the order of
preference stated in section 260.181, subdivision 3;
(3) 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 or is unable to provide
this treatment or care, the court may order it provided. The
court shall not transfer legal custody of the child for the
purpose of obtaining special treatment or care solely because
the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order
that the diagnosing professional not provide the treatment to
the child if it finds that such an order is in the child's best
interests; or
(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) 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 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, place the child in a group
foster care facility which is under the commissioner's
management and supervision;
(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:
(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or
(ii) 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;
(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests
of the child and of public safety that the child's driver's
license or instruction permit be canceled, the court may
recommend to order the commissioner of public safety that to
cancel the child's license be canceled or permit for any period
up to the child's 18th birthday. If the child does not have a
driver's license or permit, the court may order a denial of
driving privileges for any period up to the child's 18th
birthday. The court shall forward an order issued under this
clause to the commissioner is authorized to, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, recommend to order the
commissioner of public safety that to allow the child be
authorized to apply for a new license or permit, and the
commissioner may shall so authorize; or
(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.
Sec. 32. Minnesota Statutes 1994, section 260.193,
subdivision 4, is amended to read:
Subd. 4. [ORIGINAL JURISDICTION; JUVENILE COURT.] The
juvenile court shall have original jurisdiction if the child is
alleged to have committed both major and adult court traffic
offenses in the same behavioral incident over:
(1) all juveniles age 15 and under alleged to have
committed any traffic offense; and
(2) 16- and 17-year-olds alleged to have committed any
major traffic offense, except that the adult court has original
jurisdiction over:
(i) petty traffic misdemeanors not a part of the same
behavioral incident of a misdemeanor being handled in juvenile
court; and
(ii) violations of sections 169.121 (drivers under the
influence of alcohol or controlled substance) and 169.129
(aggravated driving while intoxicated), and any other
misdemeanor or gross misdemeanor level traffic violations
committed as part of the same behavioral incident of a violation
of section 169.121 or 169.129.
Sec. 33. Minnesota Statutes 1994, section 260.195, is
amended by adding a subdivision to read:
Subd. 2a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] A child
alleged to be a juvenile petty offender may be represented by
counsel, but does not have a right to appointment of a public
defender or other counsel at public expense.
Sec. 34. Minnesota Statutes 1994, section 260.195,
subdivision 3, is amended to read:
Subd. 3. [DISPOSITIONS.] If the juvenile court finds that
a child is a petty offender, the court may:
(a) require the child to pay a fine of up to $100;
(b) require the child to participate in a community service
project;
(c) require the child to participate in a drug awareness
program;
(d) place the child on probation for up to six months;
(e) order the child to undergo a chemical dependency
evaluation and if warranted by this evaluation, order
participation by the child in an inpatient or outpatient
chemical dependency treatment program; or
(f) order the child to make restitution to the victim; or
(g) perform any other activities or participate in any
other outpatient treatment programs deemed appropriate by the
court.
In all cases where the juvenile court finds that a child
has purchased or attempted to purchase an alcoholic beverage in
violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's
license, permit or Minnesota identification card to purchase or
attempt to purchase the alcoholic beverage, the court shall
forward its finding in the case and the child's driver's license
or permit to the commissioner of public safety. Upon receipt,
the commissioner shall suspend the child's license or permit for
a period of 90 days.
None of the dispositional alternatives described in clauses
(a) to (e) (f) shall be imposed by the court in a manner which
would cause an undue hardship upon the child.
Sec. 35. Minnesota Statutes 1994, section 260.215,
subdivision 1, is amended to read:
Subdivision 1. [CERTAIN VIOLATIONS NOT CRIMES.] A
violation of a state or local law or ordinance by a child before
becoming 18 years of age is not a crime unless the juvenile
court:
(1) certifies the matter to the district court in
accordance with the provisions of section 260.125;
(2) transfers the matter to a court in accordance with the
provisions of section 260.193; or
(3) convicts the child as an extended jurisdiction juvenile
and subsequently executes the adult sentence under section
260.126, subdivision 5.
Sec. 36. Minnesota Statutes 1994, section 260.291,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS ENTITLED TO APPEAL; PROCEDURE.]
(a) An appeal may be taken by the aggrieved person from a final
order of the juvenile court affecting a substantial right of the
aggrieved person, including but not limited to an order
adjudging a child to be in need of protection or services,
neglected and in foster care, delinquent, or a juvenile traffic
offender. The appeal shall be taken within 30 days of the
filing of the appealable order. The court administrator shall
notify the person having legal custody of the minor of the
appeal. Failure to notify the person having legal custody of
the minor shall not affect the jurisdiction of the appellate
court. The order of the juvenile court shall stand, pending the
determination of the appeal, but the reviewing court may in its
discretion and upon application stay the order.
(b) An appeal may be taken by an aggrieved person from an
order of the juvenile court on the issue of certification of a
child to district court matter for prosecution under the laws
and court procedures controlling adult criminal violations.
Certification appeals shall be expedited as provided by
applicable rules.
Sec. 37. [260A.01] [TRUANCY PROGRAMS AND SERVICES.]
The programs in this chapter are designed to provide a
continuum of intervention and services to support families and
children in keeping children in school and combating truancy and
educational neglect. School districts, county attorneys, and
law enforcement may establish the programs and coordinate them
with other community-based truancy services in order to provide
the necessary and most effective intervention for children and
their families. This continuum of intervention and services
involves progressively intrusive intervention, beginning with
strong service-oriented efforts at the school and community
level and involving the court's authority only when necessary.
Sec. 38. [260A.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to this chapter.
Subd. 2. [BOARD.] "Board" means a school attendance review
board created under section 260A.05.
Subd. 3. [CONTINUING TRUANT.] "Continuing truant" means a
child who is subject to the compulsory instruction requirements
of section 120.101 and is absent from instruction in a school,
as defined in section 120.05, without valid excuse within a
single school year for:
(1) three days if the child is in elementary school; or
(2) three or more class periods on three days if the child
is in middle school, junior high school, or high school.
A child is not a continuing truant if the child is
withdrawn from school by the child's parents because of a
dispute with the school concerning the provision of special
education services under the Individuals with Disabilities
Education Act or accommodations and modifications under the
Americans with Disabilities Act, if the parent makes good faith
efforts to provide the child educational services from any other
source. No parent who withdraws a child from school during a
dispute with the school concerning the provision of special
education services or accommodations and modifications is
required to file home school papers, if the parent provides
written notice to the department of education or the district of
the plan for the child's education.
Nothing in this section shall prevent a school district
from notifying a truant child's parent or legal guardian of the
child's truancy or otherwise addressing a child's attendance
problems prior to the child becoming a continuing truant.
Sec. 39. [260A.03] [NOTICE TO PARENT OR GUARDIAN WHEN
CHILD IS A CONTINUING TRUANT.]
Upon a child's initial classification as a continuing
truant, the school attendance officer or other designated school
official shall notify the child's parent or legal guardian, by
first-class mail or other reasonable means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if
there is a valid excuse for the child's absences;
(3) that the parent or guardian is obligated to compel the
attendance of the child at school pursuant to section 120.101
and parents or guardians who fail to meet this obligation may be
subject to prosecution under section 127.20;
(4) that this notification serves as the notification
required by section 127.20;
(5) that alternative educational programs and services may
be available in the district;
(6) that the parent or guardian has the right to meet with
appropriate school personnel to discuss solutions to the child's
truancy;
(7) that if the child continues to be truant, the parent
and child may be subject to juvenile court proceedings under
chapter 260;
(8) that if the child is subject to juvenile court
proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant
to section 260.191; and
(9) that it is recommended that the parent or guardian
accompany the child to school and attend classes with the child
for one day.
Sec. 40. [260A.04] [COMMUNITY-BASED TRUANCY PROJECTS AND
SERVICE CENTERS.]
Subdivision 1. [ESTABLISHMENT.] (a) Community-based
truancy projects and service centers may be established to:
(1) provide for identification of students with school
attendance problems;
(2) facilitate the provision of services geared to address
the underlying issues that are contributing to a student's
truant behavior; and
(3) provide facilities to receive truant students from
peace officers and probation officers.
(b) Truancy projects and service centers may provide any of
these services and shall provide for referral of children and
families to other appropriate programs and services.
Subd. 2. [COMMUNITY-BASED ACTION PROJECTS.] Schools,
community agencies, law enforcement, parent associations, and
other interested groups may cooperate to provide coordinated
intervention, prevention, and educational services for truant
students and their families. Services may include:
(1) assessment for underlying issues that are contributing
to the child's truant behavior;
(2) referral to other community-based services for the
child and family, such as individual or family counseling,
educational testing, psychological evaluations, tutoring,
mentoring, and mediation;
(3) transition services to integrate the child back into
school and to help the child succeed once there;
(4) culturally sensitive programming and staffing; and
(5) increased school response, including in-school
suspension, better attendance monitoring and enforcement,
after-school study programs, and in-service training for
teachers and staff.
Subd. 3. [TRUANCY SERVICE CENTERS.] (a) Truancy service
centers may be established as facilities to receive truant
students from peace officers and probation officers and provide
other appropriate services. A truancy service center may:
(1) assess a truant student's attendance situation,
including enrollment status, verification of truancy, and school
attendance history;
(2) assist in coordinating intervention efforts where
appropriate, including checking with juvenile probation and
children and family services to determine whether an active case
is pending and facilitating transfer to an appropriate facility,
if indicated; and evaluating the need for and making referral to
a health clinic, chemical dependency treatment, protective
services, social or recreational programs, or other school or
community-based services and programs described in subdivision
2;
(3) contact the parents or legal guardian of the truant
student and release the truant student to the custody of the
parents, guardian, or other suitable person; and
(4) facilitate the student's earliest possible return to
school.
(b) Truancy service centers may not accept:
(1) juveniles taken into custody for violations of law that
would be crimes if committed by adults;
(2) intoxicated juveniles;
(3) ill or injured juveniles; or
(4) juveniles older than mandatory school attendance age.
(c) Truancy service centers may expand their service
capability in order to receive curfew violators and take
appropriate action, such as coordination of intervention
efforts, contacting parents, and developing strategies to ensure
that parents assume responsibility for their children's curfew
violations.
Sec. 41. [260A.05] [SCHOOL ATTENDANCE REVIEW BOARDS.]
Subdivision 1. [ESTABLISHMENT.] A school district may
establish one or more school attendance review boards to
exercise the powers and duties in this section. The school
district board shall appoint the members of the school
attendance review board and designate the schools within the
board's jurisdiction. Members of a school attendance review
board may include:
(1) the superintendent of the school district or the
superintendent's designee;
(2) a principal and one or more other school officials from
within the district;
(3) parent representatives;
(4) representatives from community agencies that provide
services for truant students and their families;
(5) a juvenile probation officer;
(6) school counselors and attendance officers; and
(7) law enforcement officers.
Subd. 2. [GENERAL POWERS AND DUTIES.] A school attendance
review board shall prepare an annual plan to promote interagency
and community cooperation and to reduce duplication of services
for students with school attendance problems. The plan shall
include a description of truancy procedures and services
currently in operation within the board's jurisdiction,
including the programs and services under section 260A.04. A
board may provide consultant services to, and coordinate
activities of, truancy programs and services.
Subd. 3. [OVERSIGHT OF TRUANT STUDENTS.] A school
attendance review board shall oversee referrals of truant
students and provide appropriate intervention and services under
section 260A.06. The board shall establish procedures for
documenting student attendance and verifying actions and
interventions with respect to truant students and their families.
Sec. 42. [260A.06] [REFERRAL OF TRUANT STUDENTS TO SCHOOL
ATTENDANCE REVIEW BOARD.]
Subdivision 1. [REFERRAL; NOTICE.] An attendance officer
or other school official may refer a student who is a continuing
truant to the school attendance review board. The person making
the referral shall provide a written notice by first class mail
or other reasonable means to the student and the student's
parent or legal guardian. The notice must include the name and
address of the board to which the student has been referred and
the reason for the referral and indicate that the student,
parent or legal guardian, and the referring person will meet
with the board to determine a proper disposition of the referral.
Subd. 2. [MEETING; COMMUNITY SERVICES.] The school
attendance review board shall schedule the meeting described in
subdivision 1 and provide notice of the meeting by first class
mail or other reasonable means to the student, parent or
guardian, and referring person. If the board determines that
available community services may resolve the attendance problems
of the truant student, the board shall refer the student or the
student's parent or guardian to participate in the community
services. The board may develop an agreement with the student
and parent or guardian that specifies the actions to be taken.
The board shall inform the student and parent or guardian that
failure to comply with any agreement or to participate in
appropriate community services will result in a referral to the
county attorney under subdivision 3. The board may require the
student or parent or guardian to provide evidence of
participation in available community services or compliance with
any agreement.
Subd. 3. [REFERRAL TO COUNTY ATTORNEY; OTHER APPROPRIATE
ACTION.] If the school attendance review board determines that
available community services cannot resolve the attendance
problems of the truant student or if the student or the parent
or guardian has failed to comply with any referrals or
agreements under subdivision 2 or to otherwise cooperate with
the board, the board may:
(1) refer the matter to the county attorney under section
260A.07, if the county attorney has elected to participate in
the truancy mediation program; or
(2) if the county attorney has not elected to participate
in the truancy mediation program, refer the matter for
appropriate legal action against the child or the child's parent
or guardian under chapter 260 or section 127.20.
Sec. 43. [260A.07] [COUNTY ATTORNEY TRUANCY MEDIATION
PROGRAM.]
Subdivision 1. [ESTABLISHMENT; REFERRALS.] A county
attorney may establish a truancy mediation program for the
purpose of resolving truancy problems without court action. If
a student is in a school district that has established a school
attendance review board, the student may be referred to the
county attorney under section 260A.06, subdivision 3. If the
student's school district has not established a board, the
student may be referred to the county attorney by the school
district if the student continues to be truant after the parent
or guardian has been sent or conveyed the notice under section
260A.03.
Subd. 2. [MEETING; NOTICE.] The county attorney may
request the parent or legal guardian and the child referred
under subdivision 1 to attend a meeting to discuss the possible
legal consequences of the minor's truancy. The notice of the
meeting must be served personally or by certified mail at least
five days before the meeting on each person required to attend
the meeting. The notice must include:
(1) the name and address of the person to whom the notice
is directed;
(2) the date, time, and place of the meeting;
(3) the name of the minor classified as a truant;
(4) the basis for the referral to the county attorney;
(5) a warning that a criminal complaint may be filed
against the parents or guardians pursuant to section 127.20 for
failure to compel the attendance of the minor at school or that
action may be taken in juvenile court; and
(6) a statement that the meeting is voluntary.
Sec. 44. [299A.326] [YOUTH NEIGHBORHOOD CENTERS; PILOT
PROJECTS ESTABLISHED.]
Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The
commissioner of public safety may establish up to three pilot
projects at neighborhood centers serving youths between the ages
of 11 to 21. The centers may offer recreational activities,
social services, meals, job skills and career services, and
provide referrals for youths to other available services outside
the centers. The commissioner may consult with other
appropriate agencies and, to the extent possible, use existing
resources and staff in creating the programs. The commissioner
shall ensure that the programs, if offered, are adequately
staffed by specially trained personnel and outreach street
workers. Each center may integrate community volunteers into
the program's activities and services and cooperate with local
law enforcement agencies. The centers must be open during hours
convenient to youths including evenings, weekends, and extended
summer hours. However, there may not be any conflicts with
truancy laws. Each center must have a plan for evaluation
designed to measure the program's effectiveness in aiding youths.
Subd. 2. [ADVISORY BOARD.] The commissioner shall
establish an advisory board to help develop plans and programs
for the youth centers established in subdivision 1. The
commissioner shall encourage both youths and their families to
participate on the board.
Sec. 45. Minnesota Statutes 1994, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter does not apply to the licensing process
for peace officers; to law enforcement agencies as defined in
section 626.84, subdivision 1, paragraph (h); to fire protection
agencies; to eligibility for a private detective or protective
agent license; to eligibility for a family day care license, a
family foster care license, or a home care provider license; to
eligibility for school bus driver endorsements; or to
eligibility for special transportation service endorsements.
This chapter also shall not apply to eligibility for a license
issued or renewed by the board of teaching or state board of
education or to eligibility for juvenile corrections employment,
where the offense involved child physical or sexual abuse or
criminal sexual conduct.
(b) This chapter does not apply to a school district or to
eligibility for a license issued or renewed by the board of
teaching or the state board of education.
(c) Nothing in this section precludes the Minnesota police
and peace officers training board or the state fire marshal from
recommending policies set forth in this chapter to the attorney
general for adoption in the attorney general's discretion to
apply to law enforcement or fire protection agencies.
Sec. 46. Minnesota Statutes 1994, section 466.03, is
amended by adding a subdivision to read:
Subd. 18. [SCHOOL BUILDING SECURITY.] Any claim based on
injury arising out of a decision by a school or school district
to obtain a fire code variance for purposes of school building
security, if the decision was made in good faith and in
accordance with applicable law governing variances.
Sec. 47. Minnesota Statutes 1994, section 609.055,
subdivision 2, is amended to read:
Subd. 2. [ADULT PROSECUTION.] (a) Except as otherwise
provided in paragraph (b), children of the age of 14 years or
over but under 18 years may be prosecuted for a felony offense
if the alleged violation is duly certified to the district court
for prosecution under the laws and court procedures controlling
adult criminal violations or may be designated an extended
jurisdiction juvenile 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 certified to the district
court on a felony charge 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.
(b) A child who is alleged to have committed murder in the
first degree after becoming 16 years of age is capable of
committing a crime and may be prosecuted for the felony. This
paragraph does not apply to a child alleged to have committed
attempted murder in the first degree after becoming 16 years of
age.
Sec. 48. Minnesota Statutes 1994, section 609.605,
subdivision 4, is amended to read:
Subd. 4. [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a
misdemeanor for a person to enter or be found in a public or
nonpublic elementary, middle, or secondary school building
unless the person:
(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;
(2) has permission or an invitation from a school official
to be in the building;
(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or
(4) has reported the person's presence in the school
building in the manner required for visitors to the school.
(b) It is a gross misdemeanor for a group of three or more
persons to enter or be found in a public or nonpublic
elementary, middle, or secondary school building unless one of
the persons:
(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;
(2) has permission or an invitation from a school official
to be in the building;
(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or
(4) has reported the person's presence in the school
building in the manner required for visitors to the school.
(c) It is a misdemeanor for a person to enter or be found
on school property within six months after being told by the
school principal or the principal's designee to leave the
property and not to return, unless the principal or the
principal's designee has given the person permission to return
to the property. As used in this paragraph, "school property"
has the meaning given in section 152.01, subdivision 14a,
clauses (1) and (3).
(c) (d) A school principal or a school employee designated
by the school principal to maintain order on school property,
who has reasonable cause to believe that a person is violating
this subdivision may detain the person in a reasonable manner
for a reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is
not civilly or criminally liable for any action authorized under
this paragraph if the person's action is based on reasonable
cause.
(d) (e) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe the person
violated this subdivision within the preceding four hours. The
arrest may be made even though the violation did not occur in
the peace officer's presence.
Sec. 49. Minnesota Statutes 1994, section 641.14, is
amended to read:
641.14 [JAILS; SEPARATION OF PRISONERS.]
The sheriff of each county is responsible for the operation
and condition of the jail. If construction of the jail permits,
the sheriff shall maintain strict separation of prisoners to the
extent that separation is consistent with prisoners' security,
safety, health, and welfare. The sheriff shall not keep in the
same room or section of the jail:
(1) a minor under 18 years old and a prisoner who is 18
years old or older, unless:
(i) the minor has been committed to the commissioner of
corrections under section 609.105 or;
(ii) the minor has been referred for adult prosecution and
the prosecuting authority has filed a notice of intent to
prosecute the matter for which the minor is being held under
section 260.125; or
(iii) the minor is 16 or 17 years old and has been indicted
for murder in the first degree; and
(2) a female prisoner and a male prisoner; and
(3) a minor under 18 years old and an extended jurisdiction
juvenile 18 years old or older who is alleged to have violated
the conditions of the stay of execution.
Sec. 50. [AMENDMENTS TO RULES DIRECTED.]
The commissioners of corrections and human services shall
jointly amend their licensing rules to:
(1) allow residential facilities to admit 18- and
19-year-old extended jurisdiction juveniles;
(2) require licensed facilities to develop policies and
procedures for appropriate programming and housing separation of
residents according to age; and
(3) allow the commissioners the authority to approve the
policies and procedures authorized by clause (2) for the
facilities over which they have licensing authority.
Sec. 51. [COMMISSIONERS TO ADOPT RULES REGARDING SECURE
TREATMENT FACILITIES.]
The commissioners of corrections and human services shall
jointly adopt licensing rules requiring all facilities to
develop operating policies and procedures for the continued use
of secure treatment placement. These policies and procedures
must include timelines for the review of individual cases to
determine the continuing need for secure placement and criteria
for movement of juveniles to less restrictive parts of the
facilities.
Sec. 52. [EDUCATIONAL PROGRAM FOR JUVENILE COURT PROCESS.]
The supreme court is requested to establish, by January 1,
1997, an educational program explaining the juvenile court
system for use in juvenile courts under Minnesota Statutes,
section 260.042. The program may include information on court
protocol and process. The court, in developing the program, may
invite input from juveniles and their families and may consult
with attorneys, judges, representatives of communities of color,
and agencies and organizations with expertise in the area of
juvenile justice.
The court, in conjunction with these individuals and
organizations, may develop materials such as videos and
handbooks to be used in the program and may direct that all
professionals involved in the juvenile justice system assume
responsibility for the program's implementation.
Sec. 53. [WORK GROUP CREATED.]
The commissioner of human services shall convene a work
group to develop a mechanism for including child maltreatment
reports in the criminal history background checks that are
required to be performed on school employee and teacher license
applicants under Minnesota Statutes, sections 120.1045 and
125.05, subdivision 8. The work group also shall consider the
data privacy issues raised by including these reports in the
background checks and any other related issues.
The work group shall include representatives of the state
board of education, the board of teaching, the school boards
association, the commissioner of education, and the
superintendent of the bureau of criminal apprehension. The work
group shall report its findings and recommendations to the
legislature by January 15, 1996.
Sec. 54. [COMMISSIONER OF CORRECTIONS; GRANTS TO COUNTIES
FOR JUVENILE PROGRAMMING.]
The commissioner of corrections shall provide grants to
counties to provide a comprehensive continuum of care to
juveniles at high risk to become extended jurisdiction juveniles
or who are extended jurisdiction juveniles under the county's
jurisdiction.
Counties may apply to the commissioner for grants in a
manner specified by the commissioner but must identify the
following in writing:
(1) the amount of money currently being spent by the county
for juvenile programming;
(2) what gaps currently exist in providing a comprehensive
continuum of care to juveniles within the county;
(3) what specific steps will be taken and what specific
changes will be made to existing programming to reduce the
juvenile reoffense rate;
(4) what new programming will be provided to fill the gaps
identified in clause (2) and how it will lower the juvenile
reoffense rate;
(5) how the new programming and services will address the
culturally specific needs of juvenile offenders of color; and
(6) how the new programming and services will address the
needs of female juvenile offenders.
Counties that receive grants under this section shall
inform the commissioner by October 15, 1996, about the use of
the grant money and their experiences with the new programs and
services funded by the grants. The commissioner shall evaluate
the grant program based on the information the commissioner
receives from counties and on any other information the
commissioner has and shall forward findings and recommendations
to the chairs of the senate crime prevention finance division
and the house judiciary finance committee by January 15, 1997.
For purposes of this section, a comprehensive continuum of
care may include:
(1) secondary prevention programs or services that minimize
the effect of characteristics which identify individuals as
members of high-risk groups;
(2) tertiary prevention programs or services that are
provided after violence or antisocial conduct has occurred and
which are designed to prevent its recurrence;
(3) programs or services that are treatment focused and
offer an opportunity for rehabilitation;
(4) punishment of juveniles, as provided by applicable law,
including long-term secure postadjudication placement; and
(5) transition programs or services designed to reintegrate
juveniles discharged from residential programs into the
community.
The commissioner shall encourage nongovernmental,
community-based services and programs to apply for grants under
this section. None of the money may be used to pay for current
programs and services or for county attorney preadjudicated
juvenile diversion programs.
Sec. 55. [YOUTH PLACEMENT PROFILE STUDY.]
The commissioner of corrections shall solicit proposals
from juvenile justice research agencies to study the profiles of
juveniles placed at Red Wing and Sauk Centre. By August 1,
1995, the commissioner shall contract to have the study
conducted. The agency selected to perform the study shall use a
validated risk-assessment instrument that determines the level
of risk a juvenile presents based on the seriousness of the
offense and past delinquency history and assesses the juvenile's
treatment needs. The study must specifically examine the type
of offender placed in the facilities, make recommendations on
whether current placement policy makes optimal use of the
facilities, and, if necessary, recommend changes in placement
policies. By February 15, 1996, the commissioner shall report
to the chairs of the senate crime prevention and house judiciary
committees on the results of the study.
Sec. 56. [TASK FORCE ON JUVENILE FACILITY ALTERNATIVES.]
Subdivision 1. [TASK FORCE ESTABLISHED.] A task force is
established to study how services are provided to juveniles in
residential facilities. The task force shall study various
residential juvenile offender programs, both public and private.
The task force shall develop plans addressing alternative
methods by which the services, programs, and responsibilities
for the class of juvenile offenders currently sent to the
department of corrections facilities at Red Wing and Sauk Centre
may be provided.
Subd. 2. [REPORT REQUIRED.] The task force shall report
its findings and recommendations to the chairs of the senate
crime prevention and house of representatives judiciary
committees by February 15, 1996. The report must include an
analysis of the programmatic and demographic differences with
special emphasis on those methods and programs which have
demonstrated rates of success. The report must also outline how
the programs, services, control, and supervision of juvenile
offenders served by the state facilities at Red Wing and Sauk
Centre could be delivered in ways that have the potential of
reducing the reoffense rates. The report must also include the
cost-effectiveness and feasibility of options, including private
contracts for programs and services or local government delivery
of services and programs, the delivery of new and creative
programs and services to these juveniles by the state, or any
combination which has the potential of reducing the rate of
reoffending among this group of juvenile offenders.
Subd. 3. [POSSIBLE PROGRAM PHASE OUT.] If the task force
recommends the phasing out of juvenile offender programs at Red
Wing or Sauk Centre, or both, then the task force shall also
recommend alternative programming and locations for serving this
class of juveniles and recommend alternative cost-effective uses
for the facilities. The question of the future use of either
the Red Wing or Sauk Centre facility is reserved until the 1996
legislative session has considered the report of the task force.
Subd. 4. [MEMBERSHIP.] By July 1, 1995, the speaker of the
house of representatives and majority leader of the senate shall
appoint individuals who have demonstrated experience in the
juvenile justice field and who are representatives or designees
of the following to serve as members of the task force:
(1) the commissioner of corrections;
(2) a public defender;
(3) a prosecutor;
(4) two juvenile corrections specialists from nonpublic
service providers;
(5) a juvenile court judge;
(6) a community corrections county;
(7) a noncommunity corrections county;
(8) two public members, at least one of whom is a parent of
a child who was a client in the juvenile justice system;
(9) an educator; and
(10) one staff member from each facility, one of whom
represents the unionized employees selected by the exclusive
representative of that facility.
In addition, at least one majority and one minority member
of the senate and one majority and one minority member of the
house of representatives shall serve on the task force. After
consultation with the commissioner of corrections, the
legislative members of the task force shall select its chair.
Sec. 57. [PLAN FOR TRACKING JUVENILE REOFFENSE RATE;
REPORT.]
The criminal and juvenile justice information policy group,
in cooperation with the supreme court, the commissioner of
corrections, and the superintendent of the bureau of criminal
apprehension, shall develop a plan for obtaining and compiling
the names of juvenile offenders and for tracking and reporting
juvenile reoffense rates. This plan must examine the initial
analysis and design work done by the supreme court under Laws
1994, chapter 576, section 67, subdivision 8, to determine a
timetable for implementing the plan and whether additional
technology will be necessary. By January 15, 1996, the criminal
and juvenile justice information policy group shall report to
the chairs of the senate crime prevention and house judiciary
committees on the plan.
Sec. 58. [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL
HEALTH.]
Subdivision 1. [EXPANDED PROJECTS.] The Institute for
Child and Adolescent Sexual Health shall continue to provide
intervention services for children aged 8 to 10 who are
exhibiting sexually aggressive behavior and who are not
currently receiving any treatment. The institute shall
establish at least one pilot project to develop and implement an
earlier intervention strategies program for younger children
identified as high risk to become sex offenders.
Subd. 2. [REPORT.] The Institute for Child and Adolescent
Sexual Health shall report to the chairs of the senate crime
prevention and house of representatives judiciary committees
before March 1, 1996, on the status and preliminary findings of
the pilot project.
Sec. 59. [RAMSEY COUNTY; JUVENILE VIOLENCE PREVENTION AND
ENFORCEMENT UNIT; MEMBERS; DUTIES.]
The county of Ramsey may establish a pilot project that
creates a juvenile violence prevention and enforcement unit
consisting of one prosecutor, one investigating officer, one
legal assistant, and one victim/witness coordinator.
The juvenile violence prevention and enforcement unit shall:
(1) target, investigate, and prosecute juveniles who commit
crimes using dangerous weapons, as defined in Minnesota
Statutes, section 609.02, subdivision 6;
(2) identify, track, investigate, and prosecute persons who
furnish dangerous weapons to juveniles;
(3) work closely with other members of the criminal justice
system, including other local jurisdictions, the Bureau of
Alcohol, Tobacco, and Firearms of the United States Treasury
Department, and out-of-state agencies involved in investigating
and prosecuting juvenile violence; and
(4) develop a collaborative relationship with neighborhoods
and communities that are involved with the juvenile violence
prevention problem.
Sec. 60. [SECURE AND NONSECURE RESIDENTIAL TREATMENT
FACILITIES.]
Subdivision 1. [RULES REQUIRED; COMMITTEE
ESTABLISHED.] The commissioners of corrections and human
services shall jointly adopt licensing and programming rules for
the secure and nonsecure residential treatment facilities that
they license and shall establish an advisory committee to
develop these rules. The committee shall develop consistent
general licensing requirements for juvenile residential care,
enabling facilities to provide appropriate services to juveniles
with single or multiple problems. The rules shall establish
program standards with an independent auditing process by July
1997.
Subd. 2. [STANDARDS.] The standards to be developed in the
rules must require:
(1) standards for the management of the program including:
(i) a board of directors or advisory committee for each
facility which represents the interests, concerns, and needs of
the clients and community being served;
(ii) appropriate grievance and appeal procedures for
clients and families; and
(iii) use of an ongoing internal program evaluation and
quality assurance effort at each facility to monitor program
effectiveness and guide the improvement of services provided,
evaluate client and family satisfaction with each facilities'
services, and collect demographic information on clients served
and outcome measures relative to the success of services; and
(2) standards for programming including:
(i) specific identifiable criteria for admission and
discharge;
(ii) written measurable goals for each client;
(iii) development of a no-eject policy by which youths are
discharged based on successful completion of individual goals
and not automatically discharged for behavioral transgressions;
(iv) individual plans for transitional services that
involve youths, their families, and community resources to
accomplish community integration and family reunification where
appropriate;
(v) cultural sensitivity, including the provision of
interpreters and English language skill development to meet the
needs of the facilities' population;
(vi) use of staff who reflect the ethnicity of the clients
served, wherever possible;
(vii) provision of staff training in cultural sensitivity
and disability awareness;
(viii) capability to respond to persons with disabilities;
and
(ix) uniform education programs that provide for year-round
instruction; and
(3) a program audit procedure which requires regular
unbiased program audits and reviews to determine if the
facilities continue to meet the standards established in statute
and rule and the needs of the clients and community.
Subd. 3. [MEMBERSHIP.] The commissioners of corrections
and human services or their designee shall serve as co-chairs of
the rulemaking committee. The co-chairs shall invite
individuals who have demonstrated experience in the juvenile
justice field to serve on the committee; including, but not
limited to, representatives or designees of the departments of
corrections, human services, and education, the private sector,
and other juvenile facility stakeholders. The commissioners
shall ensure that family members of juveniles, representatives
of communities of color, and members of advocacy groups serve on
the rulemaking committee and shall schedule committee meetings
at times and places that ensure representation by these
individuals.
Subd. 4. [TIME LINES.] By December 1, 1996, the rulemaking
committee shall submit draft rule parts which address the
program standards, evaluation, and auditing standards and
procedures to the chairs of the senate crime prevention and
house of representatives judiciary committee for review. By
July 31, 1997, the licensing and programming rulemaking process
shall be completed.
Subd. 5. [LICENSING.] The commissioners of corrections and
human services may not license facilities that fail to meet
programming standards after they are adopted.
Sec. 61. [STUDY OF SECURE TREATMENT FACILITIES.]
The commissioner of corrections, in consultation with the
commissioner of human services, shall conduct a study on the use
of secure treatment facilities for juveniles in the state and
shall submit a written report to the governor and the
legislature by January 15, 1997. The report must contain the
commissioners' findings, along with demographic data and
recommendations concerning the use of admission criteria.
Sec. 62. [CRIME PREVENTION; TARGETED EARLY INTERVENTION.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of public
safety in cooperation with the commissioners of education, human
services, and corrections, shall establish a demonstration
project to address the needs of children under the age of ten
whose behaviors indicate that they are at high risk of future
delinquency. The project will be designed to develop standards
and model programming for targeted early intervention to prevent
crime and delinquency.
Subd. 2. [PROGRAM REQUIREMENTS.] Counties eligible for
grants under this section shall develop projects which operate
out of the office of the county attorney or the local social
services agency and include:
(1) a provision for joint service delivery involving
schools, law enforcement, social services, county attorney, and
community corrections to address multiple needs of children and
the family, demonstrate improved methods of service delivery,
and prevent delinquent behavior;
(2) identification of children at risk that can be made
from existing target populations including, but not limited to,
delinquents under age ten, elementary truants, and children
under age five receiving mental health services due to their
violent behavior; police, schools, and community agencies may
also identify children at risk;
(3) demonstration of standards and model programming
including, but not limited to, model case planning, correlation
of at-risk behaviors and factors to correct those behaviors,
clear identification and use of factors which are predictive of
delinquency, indices of child well-being, success measures tied
to child well-being, time frames for achievement of success
measures, a plan for progressively intrusive intervention, and
use of juvenile court intervention and criminal court
intervention; and
(4) a comprehensive review of funding and other sources
available to children under this demonstration project in order
to identify fiscal incentives and disincentives to successful
service delivery.
Subd. 3. [REPORT.] The commissioner of public safety, at
the end of the project, shall report findings and
recommendations to the legislature on the standards and model
programming developed under the demonstration project to guide
the design of targeted early intervention services to prevent
crime and delinquency.
Sec. 63. [TRUANCY REDUCTION GRANT PILOT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A truancy reduction grant
pilot program is established to help school districts, county
attorneys, and law enforcement officials work collaboratively to
improve school attendance and to reduce truancy.
Subd. 2. [EXPECTED OUTCOMES.] Grant recipients shall use
the funds for programs designed to assist truant students and
their families in resolving attendance problems without court
intervention. Recipient programs must be designed to reduce
truancy and educational neglect, and improve school attendance
rates, by:
(1) providing early intervention and a continuum of
intervention;
(2) supporting parental involvement and responsibility in
solving attendance problems;
(3) working with students, families, school personnel, and
community resources to provide appropriate services that address
the underlying causes of truancy; and
(4) providing a speedy and effective alternative to
juvenile court intervention in truancy cases.
Subd. 3. [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.] A
county attorney, together with a school district or group of
school districts and law enforcement, may apply for a truancy
reduction grant. The commissioner of public safety, in
collaboration with the commissioner of education, shall
prescribe the form and manner of applications by July 1, 1995,
and shall award grants to applicants likely to meet the outcomes
in subdivision 2. At least two grants must be awarded: one to
a county in the seven-county metropolitan area and one to a
county outside the metropolitan area. Grants must be awarded
for the implementation of programs in the 1995-1996 school year.
At minimum, each applicant group must have a plan for
implementing an early intervention truancy program at the school
district or building level, as well as a county attorney truancy
mediation program under Minnesota Statutes, section 260A.07.
Subd. 4. [EVALUATION.] The attorney general shall make a
preliminary report on the effectiveness of the pilot programs as
part of its 1996 annual report under Minnesota Statutes, section
8.36, and a final report as part of its 1997 annual report under
that section.
Sec. 64. [REPEALER.]
Minnesota Statutes 1994, section 126.25, is repealed.
Laws 1994, chapter 576, section 1, is repealed.
Section 1 is repealed effective August 1, 1997.
Sec. 65. [EFFECTIVE DATE.]
Sections 2 and 6 are effective on January 1, 1996. Section
11 is effective beginning with the 1995-1996 school year.
Sections 16, 50 to 53, and 55 to 57 are effective the day
following final enactment. Sections 3, 7 to 10, 13 to 15, 17 to
25, 28 to 36, 38, 39, 41 to 43, 47 to 49, 60, and 61 are
effective on July 1, 1995, and apply to acts committed on or
after that date. The remaining sections of this article are
effective on July 1, 1995.
ARTICLE 4
LAW ENFORCEMENT AND SAFETY
Section 1. Minnesota Statutes 1994, section 3.732,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section and
section 3.736 the terms defined in this section have the
meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive,
legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the housing finance agency, the
higher education coordinating board, the higher education
facilities authority, the health technology advisory committee,
the armory building commission, the zoological board, the iron
range resources and rehabilitation board, the state agricultural
society, the University of Minnesota, state universities,
community colleges, state hospitals, and state penal
institutions. It does not include a city, town, county, school
district, or other local governmental body corporate and politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members
of the Minnesota national guard, members of a bomb disposal unit
approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the
disposal or neutralization of bombs or other similar hazardous
explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or
persons acting on behalf of the state in an official capacity,
temporarily or permanently, with or without compensation. It
does not include either an independent contractor or members of
the Minnesota national guard while engaged in training or duty
under United States Code, title 10, or title 32, section 316,
502, 503, 504, or 505, as amended through December 31, 1983.
Notwithstanding sections 43A.02 and 611.263, for purposes of
this section and section 3.736 only, "employee of the state"
includes a district public defender or assistant district public
defender in the second or fourth judicial district and a member
of the health technology advisory committee.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties
or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
Sec. 2. Minnesota Statutes 1994, section 176.192, is
amended to read:
176.192 [BOMB DISPOSAL UNIT EMPLOYEES.]
For purposes of this chapter, a member of a bomb disposal
unit approved by the commissioner of public safety and employed
by a municipality defined in section 466.01, is considered a
state an employee of the department of public safety solely for
the purposes of this chapter when disposing of or neutralizing
bombs or other similar hazardous explosives, as defined in
section 299C.063, for another municipality or otherwise outside
the jurisdiction of the employer-municipality but within the
state.
Sec. 3. Minnesota Statutes 1994, section 243.166, is
amended to read:
243.166 [REGISTRATION OF PREDATORY OFFENDERS.]
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or of
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25, involving a minor
victim; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; or 609.345; or
(2) the person was convicted of a predatory crime as
defined in section 609.1352, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(3) the person was convicted of or adjudicated delinquent
for violating a law of the United States similar to the offenses
described in clause (1) or (2).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters and remains in this state for 30 days
or longer; and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration.
Subd. 2. [NOTICE.] When a person who is required to
register under this section subdivision 1, paragraph (a), is
sentenced or becomes subject to a juvenile court disposition
order, the court shall tell the person of the duty to register
under this section. The court shall require the person to read
and sign a form stating that the duty of the person to register
under this section has been explained. If a person required to
register under this section subdivision 1, paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section.
Subd. 3. [REGISTRATION PROCEDURE.] (a) The A person
required to register under this section shall register with the
corrections agent as soon as the agent is assigned to the
person. If the person does not have an assigned corrections
agent or is unable to locate the assigned corrections agent, the
person shall register with the law enforcement agency that has
jurisdiction in the area of the person's residence.
(b) At least five days before the person changes residence,
including changing residence to another state, the person shall
give written notice of the address of the new residence to the
current or last assigned corrections agent or to the law
enforcement authority with which the person currently is
registered. An offender is deemed to change residence when the
offender remains at a new address for longer than three days and
evinces an intent to take up residence there. The corrections
agent or law enforcement authority shall, within two business
days after receipt of this information, forward it to the bureau
of criminal apprehension.
Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau of criminal
apprehension, and a fingerprint card, and photograph of the
person if these have not already been obtained in connection
with the offense that triggers registration taken at the time of
the person's release from incarceration or, if the person was
not incarcerated, at the time the person initially registered
under this section.
(b) Within three days, the corrections agent or law
enforcement authority shall forward the statement, fingerprint
card, and photograph to the bureau of criminal apprehension.
The bureau shall ascertain whether the person has registered
with the law enforcement authority where the person resides. If
the person has not registered with the law enforcement
authority, the bureau shall send one copy to the appropriate law
enforcement authority that will have jurisdiction where the
person will reside on release or discharge that authority.
Subd. 5. [CRIMINAL PENALTY.] A person required to register
under this section who knowingly violates any of its provisions
or intentionally provides false information to a corrections
agent, law enforcement authority, or the bureau of criminal
apprehension is guilty of a gross misdemeanor. A person
convicted of or adjudicated delinquent for violating this
section who previously has been convicted under this section is
guilty of a felony. A violation of this section may be
prosecuted either where the person resides or where the person
was last assigned to a Minnesota corrections agent.
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, a person required
to register under this section shall continue to comply with
this section until ten years have elapsed since the person was
initially assigned to a corrections agent initially registered
in connection with the offense, or until the probation,
supervised release, or conditional release period expires,
whichever occurs later. For a person required to register under
this section who is committed under section 253B.185, the
ten-year registration period does not include the period of
commitment.
(b) If a person required to register under this section
fails to register following a change in residence, the
commissioner of public safety may require the person to continue
to register for an additional period of five years.
Subd. 7. [USE OF INFORMATION.] The information provided
under this section is private data on individuals under section
13.01, subdivision 12. The information may be used only for law
enforcement purposes.
Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
Subd. 9. [OFFENDERS FROM OTHER STATES.] When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 or under any authorized interstate agreement, the
acceptance is conditional on the offender agreeing to register
under this section when the offender is living in Minnesota.
Sec. 4. Minnesota Statutes 1994, section 299A.35,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the chemical abuse and violence prevention
council, administer a grant program to fund community-based
programs that are designed to enhance the community's sense of
personal security and to assist the community in its crime
control efforts. Examples of qualifying programs include, but
are not limited to, the following:
(1) programs to provide security systems for residential
buildings serving low-income persons, elderly persons, and
persons who have physical or mental disabilities;
(2) community-based programs designed to discourage young
people from involvement in unlawful drug or street gang
activities;
(3) neighborhood block clubs and innovative community-based
crime watch programs;
(4) community-based programs designed to enrich the
educational, cultural, or recreational opportunities of at-risk
elementary or secondary school age youth, including programs
designed to keep at-risk youth from dropping out of school and
encourage school dropouts to return to school;
(5) support services for a municipal curfew enforcement
program including, but not limited to, rent for drop-off
centers, staff, supplies, equipment, and the referral of
children who may be abused or neglected;
(6) community-based programs designed to intervene with
juvenile offenders who are identified as likely to engage in
repeated criminal activity in the future unless intervention is
undertaken;
(7) community-based collaboratives that coordinate five or
more programs designed to enrich the educational, cultural, or
recreational opportunities of at-risk elementary or secondary
school age youth, including programs designed to keep at-risk
youth from dropping out of school and to encourage school
dropouts to return to school;
(8) programs that are proven successful at increasing the
rate of graduation from secondary school and the rate of
post-secondary education attendance for high-risk students; and
(9) community-based programs that provide services to
homeless youth; and
(10) other community-based crime prevention programs that
are innovative and encourage substantial involvement by members
of the community served by the program.
Sec. 5. Minnesota Statutes 1994, section 299A.51,
subdivision 2, is amended to read:
Subd. 2. [WORKERS' COMPENSATION.] During operations
authorized under section 299A.50, members of a regional
hazardous materials response team operating outside their
geographic jurisdiction are considered state employees of the
department of public safety for purposes of chapter 176.
Sec. 6. [299A.61] [CRIMINAL ALERT NETWORK.]
The commissioner of public safety, in cooperation with the
commissioner of administration, shall develop and maintain an
integrated criminal alert network to facilitate the
communication of crime prevention information by electronic
means among state agencies, law enforcement officials, and the
private sector. The network shall disseminate data regarding
the commission of crimes, including information on missing and
endangered children, and attempt to reduce theft and other crime
by the use of electronic transmission of information.
Sec. 7. [299C.063] [BOMB DISPOSAL EXPENSE REIMBURSEMENT.]
Subdivision 1. [DEFINITIONS.] The terms used in this
section have the meanings given them in this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit
consisting of persons who are trained and equipped to dispose of
or neutralize bombs or other similar hazardous explosives and
who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
(c) "Municipality" has the meaning given it in section
466.01.
(d) "Hazardous explosives" means explosives as defined in
section 299F.72, subdivision 2, explosive devices and incendiary
devices as defined in section 609.668, subdivision 1, and all
materials subject to regulation under United States Code, title
18, chapter 40.
Subd. 2. [EXPENSE REIMBURSEMENT.] The commissioner may
reimburse bomb disposal units for reasonable expenses incurred
to dispose of or neutralize bombs or other similar hazardous
explosives for their employer-municipality or for another
municipality outside the jurisdiction of the
employer-municipality but within the state. Reimbursement is
limited to the extent of appropriated funds.
Subd. 3. [AGREEMENTS.] The commissioner may enter into
contracts or agreements with bomb disposal units to implement
and administer this section.
Sec. 8. Minnesota Statutes 1994, section 299C.065,
subdivision 3, is amended to read:
Subd. 3. [INVESTIGATION REPORT.] A report shall be made to
the commissioner at the conclusion of an investigation for which
a grant was made under subdivision 1 stating: (1) the number of
persons arrested, (2) the nature of charges filed against them,
(3) the nature and value of controlled substances or contraband
purchased or seized, (4) the amount of money paid to informants
during the investigation, and (5) a separate accounting of the
amount of money spent for expenses, other than "buy money", of
bureau and local law enforcement personnel during the
investigation. The commissioner shall prepare and submit to the
chairs of the committees in the senate and house of
representatives with jurisdiction over criminal justice policy
by January 1 of each even-numbered year a report of
investigations receiving grants under subdivision 1.
Sec. 9. Minnesota Statutes 1994, section 299C.065,
subdivision 3a, is amended to read:
Subd. 3a. [ACCOUNTING REPORT.] The head of a law
enforcement agency that receives a grant under subdivision 1a
shall file a report with the commissioner at the conclusion of
the case detailing the specific purposes for which the money was
spent. The commissioner shall prepare and submit to the chairs
of the committees in the senate and house of representatives
with jurisdiction over criminal justice policy by January 1 of
each even-numbered year a summary report of witness assistance
services provided under this section.
Sec. 10. Minnesota Statutes 1994, section 299C.10,
subdivision 1, is amended to read:
Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby
made the duty of the sheriffs of the respective counties and of
the police officers in cities of the first, second, and third
classes, under the direction of the chiefs of police in such
cities, to take or cause to be taken immediately finger and
thumb prints, photographs, distinctive physical mark
identification data, and such other identification data as may
be requested or required by the superintendent of the bureau; of
all persons arrested for a felony, gross misdemeanor, of all
juveniles committing felonies as distinguished from those
committed by adult offenders, of all persons reasonably believed
by the arresting officer to be fugitives from justice, of all
persons in whose possession, when arrested, are found concealed
firearms or other dangerous weapons, burglar tools or outfits,
high-power explosives, or articles, machines, or appliances
usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes, and within
24 hours thereafter to forward such fingerprint records and
other identification data on such forms and in such manner as
may be prescribed by the superintendent of the bureau of
criminal apprehension.
(b) Effective August 1, 1997, the identification reporting
requirements shall also apply to persons committing misdemeanor
offenses, including violent and enhanceable crimes, and
juveniles committing gross misdemeanors.
Sec. 11. Minnesota Statutes 1994, section 299C.10, is
amended by adding a subdivision to read:
Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
APPROPRIATION.] The superintendent shall collect a fee in an
amount to cover the expense for each background check provided
for a purpose not directly related to the criminal justice
system or required by section 624.7131, 624.7132, or 624.714.
The proceeds of the fee must be deposited in a special account.
Until July 1, 1997, money in the account is appropriated to the
commissioner to maintain and improve the quality of the criminal
record system in Minnesota.
Sec. 12. Minnesota Statutes 1994, section 299C.62,
subdivision 4, is amended to read:
Subd. 4. [RESPONSE OF BUREAU.] The superintendent shall
respond to a background check request within a reasonable time
after receiving the signed, written document described in
subdivision 2. The superintendent's response shall be limited
to a statement that the background check crime information
contained in the document is or is not complete and
accurate. The superintendent shall provide the children's
service provider with a copy of the applicant's criminal record
or a statement that the applicant is not the subject of a
criminal history record at the bureau. It is the responsibility
of the service provider to determine if the applicant qualifies
as an employee or volunteer under this section.
Sec. 13. [299C.66] [CITATION.]
Sections 299C.66 to 299C.71 may be cited as the "Kari
Koskinen manager background check act."
Sec. 14. [299C.67] [DEFINITIONS.]
Subdivision 1. [TERMS.] The definitions in this section
apply to sections 299C.66 to 299C.71.
Subd. 2. [BACKGROUND CHECK CRIME.] "Background check crime"
means:
(a)(1) a felony violation of section 609.185 (first degree
murder); 609.19 (second degree murder); 609.20 (first degree
manslaughter); 609.221 (first degree assault); 609.222 (second
degree assault); 609.223 (third degree assault); 609.25
(kidnapping); 609.342 (first degree criminal sexual conduct);
609.343 (second degree criminal sexual conduct); 609.344 (third
degree criminal sexual conduct); 609.345 (fourth degree criminal
sexual conduct); 609.561 (first degree arson); or 609.749
(harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that
would be a violation under clause (1) or an attempt under clause
(1) in this state; or
(b)(1) a felony violation of section 609.195 (third degree
murder); 609.205 (second degree manslaughter); 609.21 (criminal
vehicular homicide and injury); 609.2231 (fourth degree
assault); 609.224 (fifth degree assault); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.255 (false
imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or a nonfelony
violation of section 609.749 (harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that
would be a violation under clause (1) or an attempt under clause
(1) in this state.
Subd. 3. [CJIS.] "CJIS" means the Minnesota criminal
justice information system.
Subd. 4. [MANAGER.] "Manager" means an individual who is
hired or is applying to be hired by an owner and who has or
would have the means, within the scope of the individual's
duties, to enter tenants' dwelling units. "Manager" does not
include a person who is hired on a casual basis and not in the
ongoing course of the business of the owner.
Subd. 5. [OWNER.] "Owner" has the meaning given in section
566.18, subdivision 3. However, "owner" does not include a
person who owns, operates, or is in control of a health care
facility or a home health agency licensed by the commissioner of
health or human services under chapter 144, 144A, or 245A.
Subd. 6. [SUPERINTENDENT.] "Superintendent" means the
superintendent of the bureau of criminal apprehension.
Subd. 7. [TENANT.] "Tenant" has the meaning given in
section 566.18, subdivision 2.
Sec. 15. [299C.68] [BACKGROUND CHECKS ON MANAGERS.]
Subdivision 1. [WHEN REQUIRED.] Before hiring a manager,
an owner shall request the superintendent to conduct a
background check under this section. An owner may employ a
manager after requesting a background check under this section
before receipt of the background check report, provided that the
owner complies with section 299C.69. An owner may request a
background check for a currently employed manager under this
section. By July 1, 1996, an owner shall request the
superintendent to conduct a background check under this section
for managers hired before July 1, 1995, who are currently
employed.
Subd. 2. [PROCEDURES.] The superintendent shall develop
procedures to enable an owner to request a background check to
determine whether a manager is the subject of a reported
conviction for a background check crime. The superintendent
shall perform the background check by retrieving and reviewing
data on background check crimes maintained in the CJIS
computers. If the manager has resided in Minnesota for less
than five years or upon request of the owner, the superintendent
shall also conduct a search of the national criminal records
repository, including the criminal justice data communications
network. The superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation for
purposes of the criminal history check. The superintendent
shall recover the cost of a background check through a fee
charged to the owner.
Subd. 3. [FORM.] The superintendent shall develop a
standardized form to be used for requesting a background check,
which must include:
(1) a notification to the manager that the owner will
request the superintendent to perform a background check under
this section;
(2) a notification to the manager of the manager's rights
under subdivision 4; and
(3) a signed consent by the manager to conduct the
background check.
If the manager has resided in Minnesota for less than five
years, or if the owner is requesting a search of the national
criminal records repository, the form must be accompanied by the
fingerprints of the manager on whom the background check is to
be performed.
Subd. 4. [MANAGER'S RIGHTS.] (a) The owner shall notify
the manager of the manager's rights under paragraph (b).
(b) A manager who is the subject of a background check
request has the following rights:
(1) the right to be informed that the owner will request a
background check on the manager to determine whether the manager
has been convicted of a crime specified in section 299C.67,
subdivision 2;
(2) the right to be informed by the owner of the
superintendent's response to the background check and to obtain
from the owner a copy of the background check report;
(3) the right to obtain from the superintendent any record
that forms the basis for the report;
(4) the right to challenge the accuracy and completeness of
information contained in the report or record under section
13.04, subdivision 4; and
(5) the right to be informed by the owner if the manager's
application to be employed by the owner or to continue as an
employee has been denied because of the result of the background
check.
Subd. 5. [RESPONSE OF BUREAU.] The superintendent shall
respond to a background check request within a reasonable time
not to exceed ten working days after receiving the signed form
under subdivision 3. If a search is being done of the national
criminal records repository and that portion of the background
check is not completed, the superintendent shall notify the
owner that the background check is not complete and shall
provide that portion of the background check to the owner as
soon as it is available. The superintendent's response must
indicate whether the manager has ever been convicted of a
background check crime and, if so, a description of the crime,
date and jurisdiction of conviction, and date of discharge of
the sentence.
Subd. 6. [EQUIVALENT BACKGROUND CHECK.] (a) An owner may
satisfy the requirements of this section by obtaining a
background check from a private business or a local law
enforcement agency rather than the superintendent if the scope
of the background check provided by the private business or
local law enforcement agency is at least as broad as that of a
background check performed by the superintendent and the
response to the background check request occurs within a
reasonable time not to exceed ten working days after receiving
the signed form described in subdivision 3. Local law
enforcement agencies may access the criminal justice data
network to perform the background check.
(b) A private business or local law enforcement agency
providing a background check under this section must use a
notification form similar to the form described in subdivision
3, except that the notification form must indicate that the
background check will be performed by the private business or
local law enforcement agency using records of the superintendent
and other data sources.
Sec. 16. [299C.69] [OWNER DUTIES IF MANAGER CONVICTED OF
BACKGROUND CHECK CRIME.]
(a) If the superintendent's response indicates that the
manager has been convicted of a background check crime defined
in section 299C.67, subdivision 2, paragraph (a), the owner may
not hire the manager or, if the manager was hired pending
completion of the background check, shall terminate the
manager's employment. Except as provided in paragraph (c), if
an owner otherwise knows that a manager has been convicted of a
background check crime defined in section 299C.67, subdivision
2, paragraph (a), the owner shall terminate the manager's
employment.
(b) If the superintendent's response indicates that the
manager has been convicted of a background check crime defined
in section 299C.67, subdivision 2, paragraph (b), the owner may
not hire the manager unless more than ten years have elapsed
since the date of discharge of the sentence. If the manager was
hired pending completion of the background check, the owner
shall terminate the manager's employment unless more than ten
years have elapsed since the date of discharge of the sentence.
Except as provided in paragraph (c), if an owner otherwise knows
that a manager has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (b), the
owner shall terminate the manager's employment unless more than
ten years have elapsed since the date of discharge of the
sentence.
(c) If an owner knows that a manager hired before July 1,
1995, was convicted of a background check crime for an offense
committed before July 1, 1995, the owner may continue to employ
the manager. However, the owner shall notify all tenants and
prospective tenants whose dwelling units would be accessible to
the manager of the crime for which the manager has been
convicted and of the right of a current tenant to terminate the
tenancy under this paragraph, if the manager was convicted of a
background check crime defined in:
(1) section 299C.67, subdivision 2, paragraph (a); or
(2) section 299C.67, subdivision 2, paragraph (b), unless
more than ten years have elapsed since the sentence was
discharged.
Notwithstanding a lease provision to the contrary, a
current tenant who receives a notice under this paragraph may
terminate the tenancy within 60 days of receipt of the notice by
giving the owner at least 14 days' advance notice of the
termination date.
(d) The owner shall notify the manager of any action taken
under this subdivision.
(e) If an owner is required to terminate a manager's
employment under paragraph (a) or (b), or terminates a manager's
employment in lieu of notifying tenants under paragraph (c), the
owner is not liable under any law, contract, or agreement,
including liability for unemployment compensation claims, for
terminating the manager's employment in accordance with this
section. Notwithstanding a lease or agreement governing
termination of the tenancy, if the manager whose employment is
terminated is also a tenant, the owner may terminate the tenancy
immediately upon giving notice to the manager. An unlawful
detainer action to enforce the termination of the tenancy must
be treated as a priority writ under sections 566.05, 566.07,
566.09, subdivision 1, 566.16, subdivision 2, and 566.17,
subdivision 1a.
Sec. 17. [299C.70] [PENALTY.]
An owner who knowingly fails to comply with the
requirements of section 299C.68 or 299C.69 is guilty of a petty
misdemeanor.
Sec. 18. [299C.71] [BUREAU OF CRIMINAL APPREHENSION
IMMUNITY.]
The bureau of criminal apprehension is immune from any
civil or criminal liability that might otherwise arise under
section 299C.68, based on the accuracy or completeness of
records it receives from the Federal Bureau of Investigation, if
the bureau acts in good faith.
Sec. 19. Minnesota Statutes 1994, section 388.24,
subdivision 4, is amended to read:
Subd. 4. [REPORTING OF DATA TO CRIMINAL JUSTICE
INFORMATION SYSTEM (CJIS).] Effective August 1, 1997, every
county attorney who establishes a diversion program under this
section shall report the following information to the bureau of
criminal apprehension:
(1) the name and date of birth of each diversion program
participant and any other identifying information the
superintendent considers necessary;
(2) the date on which the individual began to participate
in the diversion program;
(3) the date on which the individual is expected to
complete the diversion program;
(4) the date on which the individual successfully completed
the diversion program, where applicable; and
(5) the date on which the individual was removed from the
diversion program for failure to successfully complete the
individual's goals, where applicable.
The superintendent shall cause the information described in
this subdivision to be entered into and maintained in the
criminal history file of the Minnesota criminal justice
information system.
Sec. 20. Minnesota Statutes 1994, section 401.065,
subdivision 3a, is amended to read:
Subd. 3a. [REPORTING OF DATA TO CRIMINAL JUSTICE
INFORMATION SYSTEM (CJIS).] (a) Every county attorney who
establishes a diversion program under this section shall report
the following information to the bureau of criminal apprehension:
(1) the name and date of birth of each diversion program
participant and any other identifying information the
superintendent considers necessary;
(2) the date on which the individual began to participate
in the diversion program;
(3) the date on which the individual is expected to
complete the diversion program;
(4) the date on which the individual successfully completed
the diversion program, where applicable; and
(5) the date on which the individual was removed from the
diversion program for failure to successfully complete the
individual's goals, where applicable.
The superintendent shall cause the information described in
this subdivision to be entered into and maintained in the
criminal history file of the Minnesota criminal justice
information system.
(b) Effective August 1, 1997, the reporting requirements of
this subdivision shall apply to misdemeanor offenses.
Sec. 21. [504.183] [TENANT'S RIGHT TO PRIVACY.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Building" has the meaning given in section 566.18,
subdivision 7.
(b) "Landlord" means the owner as defined in section
566.18, subdivision 3, the owner's agent, or other person acting
under the owner's direction and control.
(c) "Tenant" has the meaning given in section 566.18,
subdivision 2.
Subd. 2. [ENTRY BY LANDLORD.] Except as provided in
subdivision 4, a landlord may enter the premises rented by a
tenant only for a reasonable business purpose and after making a
good faith effort to give the tenant reasonable notice under the
circumstances of the intent to enter. A tenant may not waive
and the landlord may not require the tenant to waive the
tenant's right to prior notice of entry under this section as a
condition of entering into or maintaining the lease.
Subd. 3. [REASONABLE PURPOSE.] For purposes of subdivision
2, a reasonable business purpose includes, but is not limited to:
(1) showing the unit to prospective tenants during the
notice period before the lease terminates or after the current
tenant has given notice to move to the owner or owner's agent;
(2) showing the unit to a prospective buyer or to an
insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city
officials charged in the enforcement of health, housing,
building, fire prevention, or housing maintenance codes;
(5) the tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the tenant is
violating the lease within the tenant's unit;
(7) the landlord has a reasonable belief that the unit is
being occupied by an individual without a legal right to occupy
it; or
(8) the tenant has vacated the unit.
Subd. 4. [EXCEPTION TO NOTICE REQUIREMENT.]
Notwithstanding subdivision 2, a landlord may enter the premises
rented by a tenant to inspect or take appropriate action without
prior notice to the tenant if the landlord reasonably suspects
that:
(1) immediate entry is necessary to prevent injury to
persons or property because of conditions relating to
maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a tenant's
safety; or
(3) immediate entry is necessary in order to comply with
local ordinances regarding unlawful activity occurring within
the tenant's premises.
Subd. 5. [ENTRY WITHOUT TENANT'S PRESENCE.] If the
landlord enters when the tenant is not present and prior notice
has not been given, the landlord shall disclose the entry by
placing a written disclosure of the entry in a conspicuous place
in the premises.
Subd. 6. [PENALTY.] If a landlord substantially violates
subdivision 2, the tenant is entitled to a penalty which may
include a rent reduction up to full rescission of the lease,
recovery of any damage deposit less any amount retained under
section 504.20, and up to a $100 civil penalty for each
violation. If a landlord violates subdivision 5, the tenant is
entitled to up to a $100 civil penalty for each violation. A
tenant shall follow the procedures in sections 566.18 to 566.33
to enforce the provisions of this section.
Subd. 7. [EXEMPTION.] This section does not apply to
tenants and landlords of manufactured home parks as defined in
section 327C.01.
Sec. 22. [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION
OF FALSE OR MISLEADING INFORMATION PROHIBITED.]
Whoever uses the criminal alert network under section
299A.61 to disseminate information regarding the commission of a
crime knowing that it is false or misleading, is guilty of a
misdemeanor.
Sec. 23. Minnesota Statutes 1994, section 624.22, is
amended to read:
624.22 [PUBLIC DISPLAYS OF FIREWORKS BY MUNICIPALITIES
EXCEPTED DISPLAYS; PERMIT; OPERATOR CERTIFICATION.]
Subdivision 1. [GENERAL REQUIREMENTS; PERMIT;
INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 shall not
prohibit the supervised public displays display of fireworks by
cities, fair associations, amusement parks, and other
organizations. a statutory or home rule charter city, fair
association, amusement park, or other organization, except when
such that:
(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and
(2) a fireworks display is must either be given by a
municipality or fair association within its own limits, no
display shall be given unless or by any other organization,
whether public or private, only after a permit therefor for the
display has first been secured.
(b) Every application for such a permit shall be made in
writing to the municipal clerk at least 15 days in advance of
the date of the display and shall list the name of an operator
who (1) is certified by the state fire marshal and (2) will
supervise the display. The application shall be promptly
referred to the chief of the fire department who shall make an
investigation to determine whether the operator of the display
is competent and is certified by the state fire marshal, and
whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to
property or endanger any person. The fire chief shall report
the results of this investigation to the clerk. If the fire
chief reports that the operator is certified, that in the
chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
requirements, including the rules guidelines of the state fire
marshal hereinafter provided for in paragraph (e), the clerk
shall issue a permit for the display when the applicant pays a
permit fee of $2.
(c) When the supervised public fireworks display for which
a permit is sought is to be held outside the limits of an
incorporated municipality, the application shall be made to the
county auditor and the duties imposed by such sections 624.20 to
624.25 upon the clerk of the municipality shall be performed in
such case by the county auditor. The duties imposed on the fire
chief of the municipality by such sections 624.20 to 624.25
shall be performed in such case by the county sheriff.
(d) After such permit shall have been granted, sales,
possession, use and distribution of fireworks for such display
shall be lawful for that purpose only. No permit so granted
shall be transferable.
(e) By January 1, 1996, the state fire marshal shall adopt
and disseminate to political subdivisions reasonable rules not
inconsistent with the provisions of such guidelines on fireworks
display safety, which are exempt from chapter 14, that are
consistent with sections 624.20 to 624.25 and the most recent
editions of the Minnesota Uniform Fire Code and the National
Fire Protection Association Standards, to insure that fireworks
displays are given safely. In the guidelines, the state fire
marshal shall allow political subdivisions to exempt the use of
relatively safe fireworks for theatrical special effects,
ceremonial occasions, and other limited purposes, as determined
by the state fire marshal.
Subd. 2. [OPERATOR CERTIFICATION REQUIREMENTS.] (a) An
applicant to be a supervising operator of a fireworks display
shall meet the requirements of this subdivision before the
applicant is certified by the state fire marshal.
(b) An applicant must be at least 21 years old.
(c) An applicant must have completed a written examination,
administered or approved by the state fire marshal, and achieved
a passing score of at least 70 percent. The state fire marshal
must be satisfied that achieving a passing score on the
examination satisfactorily demonstrates the applicant's
knowledge of statutes, codes, and nationally recognized
standards concerning safe practices for the discharge and
display of fireworks.
(d) An applicant shall apply in writing to the state fire
marshal by completing and signing an application form provided
by the state fire marshal.
(e) An applicant shall submit evidence of experience, which
must include active participation as an assistant or operator in
the performance of at least five fireworks displays, at least
one of which must have occurred in the current or preceding year.
Subd. 3. [CERTIFICATION APPLICATION; FEE.] An applicant
shall submit a completed initial application form including
references and evidence of experience and successful completion
of the written examination. Applicants shall pay a
certification fee of $100 to the state fire marshal division of
the department of public safety. The state fire marshal shall
review the application and send to the applicant written
confirmation or denial of certification within 30 days of
receipt of the application. Certification is valid for a period
of four years from the date of issuance.
Subd. 4. [CLASSIFICATION.] When an applicant has met the
requirements of subdivisions 2 and 3, the state fire marshal
shall certify and classify the operator for supervising
proximate audience displays, including indoor fireworks
displays, for supervising traditional outdoor fireworks
displays, or for supervising both types of displays, based on
the operator's documented experience.
Subd. 5. [RESPONSIBILITIES OF OPERATOR.] The operator is
responsible for ensuring the fireworks display is organized and
operated in accordance with the state fire marshal's guidelines
described in subdivision 1.
Subd. 6. [REPORTS.] (a) The certified operator shall
submit a written report to the state fire marshal within ten
days following a fireworks display conducted by the operator if
any of the following occurred:
(1) an injury to any person resulting from the display of
fireworks;
(2) a fire or damage to property resulting from the display
of fireworks; or
(3) an unsafe or defective pyrotechnic product or equipment
was used or observed.
(b) The certified operator shall submit a written report to
the state fire marshal within 30 days following any other
fireworks displays supervised by the operator.
(c) The state fire marshal may require other information
from operators relating to fireworks displays.
Subd. 7. [OPERATOR CERTIFICATION RENEWAL.] An applicant
shall submit a completed renewal application form prepared and
provided by the state fire marshal, which must include at least
the dates, locations, and authorities issuing the permits for at
least three fireworks displays participated in or supervised by
the applicant and conducted during the past four years. An
applicant shall pay a certification renewal fee of $100 to the
state fire marshal division of the department of public safety.
The state fire marshal shall review the application and send to
the applicant written confirmation or denial of certification
renewal within 30 days of receipt of the application.
Certification is valid for a period of four years from the date
of issuance.
Subd. 8. [SUSPENSION, REVOCATION, OR REFUSAL TO RENEW
CERTIFICATION.] The state fire marshal may suspend, revoke, or
refuse to renew certification of an operator if the operator has:
(1) submitted a fraudulent application;
(2) caused or permitted a fire or safety hazard to exist or
occur during the storage, transportation, handling, preparation,
or use of fireworks;
(3) conducted a display of fireworks without receipt of a
permit required by the state or a political subdivision;
(4) conducted a display of fireworks with assistants who
were not at least 18 years of age, properly instructed, and
continually supervised; or
(5) otherwise failed to comply with any federal or state
law or regulation, or the guidelines, relating to fireworks.
Subd. 9. [DATABASE.] The commissioner of public safety
shall maintain a database of the information required under this
section for purposes of (1) law enforcement, (2) investigative
inquiries made under subdivision 1, and (3) the accumulation and
statistical analysis of information relative to fireworks
displays.
Sec. 24. Minnesota Statutes 1994, section 626.841, is
amended to read:
626.841 [BOARD; MEMBERS.]
The board of peace officer standards and training shall be
composed of the following 15 members:
(a) Two members to be appointed by the governor from among
the county sheriffs in Minnesota;
(b) Four members to be appointed by the governor from among
peace officers in Minnesota municipalities, at least two of whom
shall be chiefs of police;
(c) Two members to be appointed by the governor from among
peace officers, at least one of whom shall be a member of the
Minnesota state patrol association;
(d) The superintendent of the Minnesota bureau of criminal
apprehension or a designee;
(e) Two members appointed by the governor experienced in
law enforcement at a local, state, or federal level from among
peace officers, or former peace officers, who are not currently
employed as on a full-time basis in a professional peace
officers officer education program;
(f) Two members to be appointed by the governor, one member
to be appointed from among administrators of Minnesota colleges
or universities that offer professional peace officer education,
and one member to be appointed from among the elected city
officials in statutory or home rule charter cities of under
5,000 population outside the metropolitan area, as defined in
section 473.121, subdivision 2;
(g) Two members appointed by the governor from among the
general public.
A chair shall be appointed by the governor from among the
members. In making appointments the governor shall strive to
achieve representation from among the geographic areas of the
state.
Sec. 25. Minnesota Statutes 1994, 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. The board shall review the minimum
standards of conduct described in this paragraph for possible
modification in 1998 and every three years after that time.
(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;
(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. 26. [626.8431] [AUTOMATIC LICENSE REVOCATION.]
The license of a peace officer convicted of a felony is
automatically revoked. For purposes of this section,
"conviction" includes a finding of guilt, whether or not the
adjudication of guilt is stayed or executed, an admission of
guilt, or a no contest plea.
Sec. 27. [626.8555] [PEACE OFFICER EDUCATION PROGRAMS.]
Metropolitan State University and Minneapolis Community
College, in consultation with the board of peace officer
standards and training and state and local law enforcement
agencies in the seven-county metropolitan area, shall provide
core law enforcement courses in an accelerated time period. The
schools shall grant priority admission to students who have a
bona fide offer of employment from a Minnesota law enforcement
agency. These courses shall be available at the beginning of
the 1995-1996 academic year and are contingent on sufficient
program enrollment.
The board, Metropolitan State University, and Minneapolis
Community College shall evaluate the accelerated law enforcement
education program and report their findings to the 1997
legislature.
Sec. 28. [TRAINING COMMITTEE MEMBERSHIP.]
At least one person shall be appointed to the peace officer
standards and training board's training committee from among
higher education representatives of Minnesota colleges or
universities that offer professional peace officer education.
Sec. 29. [PEACE OFFICER STANDARDS AND TRAINING BOARD;
INFORMATION AND REPORTS REQUIRED.]
Subdivision 1. [INFORMATION REQUIRED TO BE COMPILED BY THE
PEACE OFFICER STANDARDS AND TRAINING BOARD.] The peace officer
standards and training board shall compile summary, statistical
information on peace officers alleged to have violated Minnesota
Statutes, sections 609.224, subdivision 1; 518B.01, subdivision
14; 609.748, subdivision 6; or 609.749. This information must
include a brief description of the facts of each incident, and a
brief description of the final disposition of the case,
including any disciplinary action taken or referrals made to
mental health professionals. The information compiled by the
board shall not include the names of the individual officers
involved in the incidents.
Subd. 2. [REPORT REQUIRED.] The board shall report to the
legislature by January 1, 1997, regarding the information
compiled under subdivision 1.
Subd. 3. [CHIEF LAW ENFORCEMENT OFFICERS REQUIRED TO
PROVIDE INFORMATION.] Chief law enforcement officers shall
cooperate with the board by providing it the information
described in subdivision 1. Information provided to the board
from which individual peace officers could be identified is
classified as private data on individuals.
Sec. 30. [PROFESSIONAL CONDUCT OF PEACE OFFICERS.]
Subdivision 1. [MODEL POLICY TO BE DEVELOPED.] By March 1,
1996, the peace officer standards and training board shall
develop and distribute to all chief law enforcement officers a
model policy regarding the professional conduct of peace
officers. The policy must address issues regarding professional
conduct not addressed by the standards of conduct under
Minnesota Rules, part 6700.1600. The policy must define
unprofessional conduct to include, but not be limited to,
conduct prohibited by Minnesota Statutes, section 609.43,
whether or not there has been a conviction for a violation of
that section. The policy must also describe the procedures that
a local law enforcement agency may follow in investigating and
disciplining peace officers alleged to have behaved
unprofessionally.
Subd. 2. [CHIEF LAW ENFORCEMENT OFFICERS; WRITTEN POLICY
REQUIRED.] By July 1, 1996, all chief law enforcement officers
shall establish and implement a written policy defining
unprofessional conduct and governing the investigation and
disposition of cases involving alleged unprofessional conduct by
peace officers. A chief law enforcement officer shall adopt a
policy identical or substantially similar to the model policy
developed by the board under subdivision 1.
Subd. 3. [REPORT ON ALLEGED MISCONDUCT.] A chief law
enforcement officer shall report annually to the board summary
data regarding the investigation and disposition of cases
involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the
number dismissed as unfounded, and the number dismissed on
grounds that the allegation was unsubstantiated.
Sec. 31. [STUDY DIRECTED.]
The peace officer standards and training board, in
consultation with chief law enforcement officers and peace
officers, shall conduct a study to determine what statewide
resources are available to peace officers in need of job-related
professional counseling. The study must determine to what
extent existing resources are used, what impediments exist to
the resources' use, how resources could be better used, and what
additional resources are required. The board shall report its
findings to the legislature by March 1, 1996.
Sec. 32. [CHILD ABUSE HELPLINE.]
Subdivision 1. [PLAN.] The commissioner of human services,
in consultation with the commissioner of public safety, shall
develop a plan for an integrated statewide toll-free 24-hour
telephone helpline to provide consultative services to parents,
family members, law enforcement personnel, and social service
professionals regarding the physical and sexual abuse of
children. The plan must:
(1) identify methods for implementing the telephone
helpline;
(2) identify existing services regarding child abuse
provided by state and local governmental agencies, nonprofit
organizations, and others;
(3) consider strategies to coordinate existing services
into an integrated telephone helpline;
(4) consider the practicality of retraining and redirecting
existing professionals to staff the telephone helpline on a
24-hour basis;
(5) determine what new services, if any, would be required
for the telephone helpline;
(6) determine the costs of implementing the telephone
helpline and ways to reduce costs through coordination of
existing services; and
(7) determine methods of marketing and advertisement to
make the general public aware of the telephone helpline.
Subd. 2. [PILOT PROJECT.] In conjunction with the planning
process under subdivision 1, the commissioner of human services
shall implement at least two pilot project telephone helplines.
One of the pilots must be in the seven-county metropolitan area
and one must be in greater Minnesota.
Subd. 3. [REPORT.] The commissioner of human services
shall report to the legislature by January 15, 1996, concerning
the details of the plan and the status of the pilot projects.
Subd. 4. [COORDINATOR.] The commissioner of human services
may hire a person to coordinate and implement the requirements
of this section.
Sec. 33. [DATA ACCESS ON INTERNET.]
The criminal justice information policy group shall develop
a plan for providing databases containing private or
confidential data to law enforcement agencies on the Internet
with appropriate security provisions.
Sec. 34. [CRIMINAL AND JUVENILE INFORMATION POLICY GROUP
REPORT.]
By January 15, 1996, the criminal and juvenile information
policy group shall report to the chairs of the senate crime
prevention committee and house of representatives judiciary
committee on recommendations for additional offenses to be
subject to identification reporting requirements of Minnesota
Statutes, section 299C.10, subdivision 1, and on processes for
expungement, correction of inaccurate records, destruction of
records, and other matters relating to the privacy interests of
individuals as they relate to the development of the juvenile
criminal history system, the statewide misdemeanor system, and
the tracking system for domestic abuse orders for protection.
Sec. 35. [COMMUNITY NOTIFICATION WORK GROUP.]
(a) A 15-member work group is created to study issues
relating to laws and proposed legislation authorizing community
notification of information about convicted sex offenders,
including offenders who have been or are about to be released
from incarceration and offenders who have been sentenced to
stayed prison sentences.
(b) The work group consists of three members of the senate
appointed by the chair of the committee on crime prevention and
three members of the house of representatives appointed by the
chair of the committee on judiciary. Legislative membership
from each body shall consist of two members of the majority
caucus and one member of the minority caucus. The work group
also consists of the commissioner of corrections or the
commissioner's designee, the attorney general or the attorney
general's designee, and of the following additional members
approved by the legislative membership:
(1) one sheriff nominated by the Minnesota sheriffs
association;
(2) one chief of police nominated by the Minnesota chiefs
of police association;
(3) one county attorney nominated by the county attorneys
association;
(4) one defense attorney nominated by the state public
defender;
(5) one sex offender treatment professional nominated by
the commissioner of human services;
(6) the crime victim ombudsman or a representative of
sexual assault victims nominated by the ombudsman; and
(7) one member of the public appointed by the chairs of the
senate crime prevention committee and the house judiciary
committee.
Members of the work group should represent a cross-section
of regions within the state. The work group shall select a
chair from among its membership.
The chairs of the senate crime prevention committee and the
house judiciary committee may authorize alternate legislative
members to attend sessions of the work group when an appointed
legislative member is unable to attend.
(c) The work group shall be convened no later than August
1, 1995, and shall study the implementation of community
notification laws in other states, the positive and negative
aspects of community notification laws, the costs of
implementing the laws, the social and constitutional issues
raised by the laws, and any anticipated federal requirements
concerning community notification.
(d) The work group shall report its findings and
recommendations to the chairs of the house judiciary committee
and the senate crime prevention committee by January 31, 1996.
Sec. 36. [EFFECTIVE DATES.]
(a) Section 23, subdivision 1, paragraph (e); and
subdivision 2 are effective the day following final enactment.
The remaining provisions of section 23 are effective January 1,
1996.
(b) Section 3 is effective July 1, 1995, and applies to
persons who are released from prison on or after that date, or
who are under supervision as of that date, or who enter this
state on or after that date. Section 3, subdivision 5 is
effective July 1, 1995, and applies to crimes committed on or
after that date.
(c) Section 21 is effective for oral and written leases
entered into or renewed on or after July 1, 1995.
(d) Sections 24, 27, and 28 are effective July 1, 1995, and
apply to appointments made and contracts entered into on or
after that date.
(e) Section 22 is effective July 1, 1995, and applies to
crimes committed on or after that date.
(f) Sections 29 to 31, and 33 to 35 are effective the day
following final enactment.
(g) The remaining sections in this article are effective
July 1, 1995.
ARTICLE 5
CORRECTIONS
Section 1. [16B.181] [PURCHASES FROM CORRECTIONS
INDUSTRIES.]
(a) The commissioner, in consultation with the commissioner
of corrections, shall prepare a list of products and services
that are available for purchase from department of corrections
industries. After publication of the product and service list
by the commissioner, state agencies and institutions shall
purchase the listed products and services from department of
corrections industries if the products and services are
equivalent in price and quality to products and services
available from other sources unless the commissioner of
corrections certifies that the correctional institutions cannot
provide them at a price within five percent of the fair market
price for comparable level of quality and within a reasonable
delivery time. In determining the fair market price, the
commissioner of administration shall use competitive bidding or
consider open market bid prices in previous years for similar
products and services, plus inflationary increases.
(b) The commissioner of administration shall ensure that
state agency specifications are not unduly restrictive as to
prevent corrections industries from providing products or
services that meet the needs of the purchasing department,
institution, or agency.
(c) The commissioners of administration and corrections
shall appoint a joint task force to explore additional methods
that support the philosophy of providing a substantial market
opportunity to correctional industries that maximizes inmate
work opportunities. The task force shall develop a plan and
prepare a set of criteria with which to evaluate the
effectiveness of the recommendations and initiatives in the plan.
Sec. 2. Minnesota Statutes 1994, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169.121 or 169.123, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $250 fee plus a $10 surcharge before the driver's license
is reinstated,. The $250 fee is to be credited as follows:
(1) Twenty percent shall be credited to the trunk highway
fund.
(2) Fifty-five percent shall be credited to the general
fund.
(3) Eight percent shall be credited to a separate account
to be known as the bureau of criminal apprehension account.
Money in this account may be appropriated to the commissioner of
public safety and the appropriated amount shall be apportioned
80 percent for laboratory costs and 20 percent for carrying out
the provisions of section 299C.065.
(4) Twelve percent shall be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account may be appropriated to the commissioner of
education for programs in elementary and secondary schools.
(5) Five percent shall be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. $100,000 is annually appropriated from the account to
the commissioner of human services for traumatic brain injury
case management services. The remaining money in the account is
annually appropriated to the commissioner of health to establish
and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the
commissioner of economic security for the reasonable cost of
services provided under section 268A.03, clause (o).
(c) The $10 surcharge shall be credited to a separate
account to be known as the remote electronic alcohol monitoring
pilot program account. Up to $250,000 is annually appropriated
from this account to the commissioner of corrections for a
remote electronic alcohol monitoring pilot program. The
unencumbered balance remaining in the first year of the biennium
does not cancel but is available for the second year.
Sec. 3. [243.212] [COPAYMENTS FOR HEALTH SERVICES.]
Any inmate of an adult correctional facility under the
control of the commissioner of corrections shall incur copayment
and coinsurance obligations for health care services received in
the amounts established for adult enrollees of the MinnesotaCare
program established under section 256.9353, subdivision 7, to
the extent the inmate has available funds.
Sec. 4. Minnesota Statutes 1994, section 243.23,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] Notwithstanding sections 241.26,
subdivision 5, and 243.24, subdivision 1, the commissioner
may promulgate rules for the disbursement of make deductions
from funds earned under subdivision 1, or other funds in an
inmate account, and section 243.88, subdivision 2. The
commissioner shall first make deductions for the following
expenses in the following order of priority:
(1) federal and state taxes;
(2) repayment of advances;
(3) gate money as provided in section 243.24; and, where
applicable, mandatory savings as provided by United States Code,
title 18, section 1761, as amended. The commissioner's rules
may then provide for disbursements to be made in the following
order of priority:
(1) for the
(4) support of families and dependent relatives of the
respective inmates;
(2) for the
(5) payment of court-ordered restitution;
(3) for
(6) room and board or other costs of confinement;
(7) medical expenses incurred under section 243.212;
(8) payment of fees and costs in a civil action commenced
by an inmate;
(9) payment of fines, surcharges, or other fees assessed or
ordered by a court;
(4) for
(10) contribution to any programs established by law to aid
victims of crime the crime victims reparations board created
under section 611A.55, provided that the contribution shall not
be more than 20 percent of an inmate's gross wages;
(5) for
(11) the payment of restitution to the commissioner
ordered by prison disciplinary hearing officers for damage to
property caused by an inmate's conduct; and
(6) for the
(12) discharge of any legal obligations arising out of
litigation under this subdivision.
The commissioner may authorize the payment of court-ordered
restitution from an inmate's wages when the restitution was
ordered by the court as a sanction for the conviction of an
offense which is not the offense of commitment, including
offenses which occurred prior to the offense for which the
inmate was committed to the commissioner. An inmate of an adult
correctional facility under the control of the commissioner is
subject to actions for the enforcement of support obligations
and reimbursement of any public assistance rendered the
dependent family and relatives. The commissioner may
conditionally release an inmate who is a party to an action
under this subdivision and provide for the inmate's detention in
a local detention facility convenient to the place of the
hearing when the inmate is not engaged in preparation and
defense.
Sec. 5. Minnesota Statutes 1994, section 243.88, is
amended by adding a subdivision to read:
Subd. 5. [DEDUCTIONS.] Notwithstanding any other law to
the contrary, any compensation paid to inmates under this
section is subject to section 243.23, subdivisions 2 and 3, and
rules of the commissioner of corrections.
Sec. 6. Minnesota Statutes 1994, section 641.15,
subdivision 2, is amended to read:
Subd. 2. [MEDICAL AID.] Except as provided in section
466.101, the county board shall pay the costs of medical
services provided to prisoners. The county is entitled to
reimbursement from the prisoner for payment of medical bills to
the extent that the prisoner to whom the medical aid was
provided has the ability to pay the bills. If the prisoner does
not have the ability to pay the prisoner's entire medical bill,
the prisoner shall, at a minimum, incur copayment and
coinsurance obligations for health care services received in the
amounts established for adult enrollees of the MinnesotaCare
program established under section 256.9353, subdivision 7, to
the extent the prisoner has available funds. If there is a
disagreement between the county and a prisoner concerning the
prisoner's ability to pay, the court with jurisdiction over the
defendant shall determine the extent, if any, of the prisoner's
ability to pay for the medical services. If a prisoner is
covered by health or medical insurance or other health plan when
medical services are provided, the county providing the medical
services has a right of subrogation to be reimbursed by the
insurance carrier for all sums spent by it for medical services
to the prisoner that are covered by the policy of insurance or
health plan, in accordance with the benefits, limitations,
exclusions, provider restrictions, and other provisions of the
policy or health plan. The county may maintain an action to
enforce this subrogation right. The county does not have a
right of subrogation against the medical assistance program or
the general assistance medical care program.
Sec. 7. Laws 1994, chapter 643, section 79, subdivision 1,
is amended to read:
Subdivision 1. [GRANTS AUTHORIZED.] The commissioner of
corrections shall make grants to Hennepin county, Ramsey county,
or groups of counties, excluding counties in the joint powers
board operating the northwestern Minnesota juvenile training
center for grants made in 1994 or 1995, for up to 75 percent of
the construction cost of secure juvenile detention and treatment
facilities. The commissioner shall ensure that grants are
distributed so that facilities are available for both male and
female juveniles, and that the needs of very young offenders can
be met. The commissioner shall also require that programming in
the facilities be culturally specific and sensitive. To the
extent possible, grants should be made for facilities or living
units of 15 beds or fewer. No more than one grant shall be made
in each judicial district. However, grant proposals may include
more than one site, and funds may be authorized to each county
in which a site is contained.
Sec. 8. Laws 1994, chapter 643, section 79, subdivision 3,
is amended to read:
Subd. 3. [ELIGIBILITY.] Applicants must include a
cooperative plan for the secure detention and treatment of
juveniles among the applicant counties. The cooperative plan
must identify the location of facilities. Facilities must be
located within 15 20 miles of a permanent chambers within the
judicial district, as specified in section 2.722, or at the site
of an existing county home facility, as authorized in section
260.094, or at the site of an existing detention home, as
authorized in section 260.101.
Sec. 9. Laws 1994, chapter 643, section 79, subdivision 4,
is amended to read:
Subd. 4. [ALLOCATION FORMULA.] (a) The commissioner must
determine the amount available for grants for counties in each
judicial district under this subdivision.
(b) Five percent of the money appropriated for these grants
shall be allocated for the counties in each judicial district
for a mileage distribution allowance in proportion to the
percent each county's surface area comprises of the total
surface area of the state. Ninety-five percent of the money
appropriated for these grants shall be allocated for the
counties in each judicial district using the formula in section
401.10.
(c) The amount allocated for all counties within a judicial
district shall be totaled to determine the amount available for
a grant grants within that judicial district. Amounts
attributable to a county which the commissioner has authorized
to cooperate in a grant with a county or counties in an adjacent
judicial district shall be reallocated to that judicial district.
Sec. 10. [INTERSTATE COMPACT FOR SUPERVISION OF PAROLEES
AND PROBATIONERS; DATA COLLECTION.]
Subdivision 1. [DATA COLLECTION REQUIRED.] The
commissioner of corrections shall collect, maintain, and analyze
background and recidivism data on all individuals received by or
sent from Minnesota under Minnesota Statutes, section 243.16,
the interstate compact for the supervision of parolees and
probationers.
Subd. 2. [SCOPE OF DATA.] (a) The data collected shall
include:
(1) the number of individuals the commissioner is requested
to receive from each state, the number of individuals which the
commissioner agrees to receive from each state, and the basis of
the commissioner's decision to receive or reject an individual;
and
(2) the number of individuals the commissioner requests
each state to receive, the number of individuals each state
agrees to receive, and the basis of the commissioner's decision
to request another state to receive an individual.
(b) For each individual transferred or received by the
commissioner, the commissioner shall collect the following data:
(1) the initial and ongoing costs incurred by Minnesota
resulting from the individual's transfer;
(2) the amount of money Minnesota receives from the sending
state to reimburse Minnesota for these costs;
(3) the individual's criminal record;
(4) whether the individual violates the terms of probation
or parole; and
(5) if the individual violates the terms of probation or
parole and commits a new offense in Minnesota, whether the
individual is arrested, convicted, incarcerated in Minnesota, or
returned to the sending state.
Subd. 3. [REPORTS.] The commissioner of corrections shall
collect the data required under subdivision 2 for all years
beginning in 1990. The commissioner shall report to the
legislature by February 15, 1996, the data collected for years
1990 to 1995. The commissioner shall report data collected for
each subsequent year to the legislature by January 15 of each
odd-numbered year.
Sec. 11. [CORRECTIONAL FACILITY AUTHORIZED.]
The commissioner of corrections may establish an adult
correctional facility for geriatric and medical care at the Ah
Gwah Ching facility or at another suitable facility operated by
the commissioner of human services. The commissioner of
corrections is authorized to enter into negotiations and
contracts with the department of human services to establish the
facility.
Sec. 12. [CORRECTIONAL FACILITY AUTHORIZED.]
The commissioner of corrections may establish a minimum
security adult correctional facility for men at Camp Ripley.
The commissioner is authorized to enter into negotiations and
contracts with appropriate parties to establish the facility.
Sec. 13. [EFFECTIVE DATES.]
(a) Section 4, clause (10), is effective the day following
final enactment.
(b) Sections 3; 4, clause (7); and 6, are effective July 1,
1996.
(c) The remaining provisions of this article are effective
July 1, 1995.
ARTICLE 6
COURTS
Section 1. Minnesota Statutes 1994, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; 28 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 24 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 57 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 17 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 22 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
20 judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls;
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 34 35 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 1994, section 2.722, is amended
by adding a subdivision to read:
Subd. 4a. [REFEREE VACANCY; CONVERSION TO JUDGESHIP.] When
a referee of the district court dies, resigns, retires, or is
voluntarily removed from the position, the chief judge of the
district shall notify the supreme court and may petition to
request that the position be converted to a judgeship. The
supreme court shall determine within 90 days of the petition
whether to order the position abolished or convert the position
to a judgeship in the affected or another judicial district.
The supreme court shall certify any judicial vacancy to the
governor, who shall fill it in the manner provided by law. The
conversion of a referee position to a judgeship under this
subdivision shall not reduce the total number of judges and
referees hearing cases in the family and juvenile courts.
Sec. 3. Minnesota Statutes 1994, section 179A.03,
subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.855, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, principals, and assistant principals. However, for
state employees, "essential employee" means all employees in law
enforcement, health care professionals, correctional guards,
professional engineering, and supervisory collective bargaining
units, irrespective of severance, and no other employees. For
University of Minnesota employees, "essential employee" means
all employees in law enforcement, nursing professional and
supervisory units, irrespective of severance, and no other
employees. "Firefighters" means salaried employees of a fire
department whose duties include, directly or indirectly,
controlling, extinguishing, preventing, detecting, or
investigating fires.
Sec. 4. [243.241] [CIVIL ACTION MONEY DAMAGES.]
Money damages recovered in a civil action by an inmate
confined in a state correctional facility or released from a
state correctional facility under section 244.065 or 244.07
shall be deposited in the inmate's inmate account and disbursed
according to the priorities in section 243.23, subdivision 3.
Sec. 5. [244.035] [SANCTIONS RELATED TO LITIGATION.]
The commissioner shall develop disciplinary sanctions to
provide infraction penalties for an inmate who submits a
frivolous or malicious claim as determined under section 563.02,
subdivision 3, or who is determined by the court to have
testified falsely or to have submitted false evidence to a
court. Infraction penalties may include loss of privileges,
punitive segregation, loss of good time, or adding discipline
confinement time.
Sec. 6. Minnesota Statutes 1994, section 260.155,
subdivision 4, is amended to read:
Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests, and in every
proceeding alleging a child's need for protection or services
under section 260.015, subdivision 2a, clauses (1) to (10). In
any other case the court may appoint a guardian ad litem to
protect the interests of the minor when the court feels that
such an appointment is desirable. The court shall appoint the
guardian ad litem on its own motion or in the manner provided
for the appointment of a guardian ad litem in the district court.
(b) A guardian ad litem shall carry out the following
responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
(c) The court may waive the appointment of a guardian ad
litem pursuant to clause (a), whenever counsel has been
appointed pursuant to subdivision 2 or is retained otherwise,
and the court is satisfied that the interests of the minor are
protected.
(c) (d) In appointing a guardian ad litem pursuant to
clause (a), the court shall not appoint the party, or any agent
or employee thereof, filing a petition pursuant to section
260.131.
(d) (e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:
(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;
(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.
Sec. 7. Minnesota Statutes 1994, section 271.06,
subdivision 4, is amended to read:
Subd. 4. [APPEAL FEE.] At the time of filing the notice of
appeal the appellant shall pay to the court administrator of the
tax court an appeal fee of $50 equal to the fee provided for
civil actions in the district court under section 357.021,
subdivision 2, clause (1); provided, except that no appeal fee
shall be required of the commissioner of revenue, the attorney
general, the state or any of its political subdivisions. In
small claims division, the appeal fee shall be $5 $25. The
provisions of chapter 563, providing for proceedings in forma
pauperis, shall also apply for appeals to the tax court.
Sec. 8. Minnesota Statutes 1994, 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, including any case arising under the tax laws of the
state that could be transferred or appealed to the tax 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
$122.
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 $122.
The party requesting a trial by jury shall pay $75.
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, $10, and $5 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 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) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) 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 $11.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) 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.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 9. Minnesota Statutes 1994, section 481.01, is
amended to read:
481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE
DISPUTE FEES.]
The supreme court shall, by rule from time to time,
prescribe the qualifications of all applicants for admission to
practice law in this state, and shall appoint a board of law
examiners, which shall be charged with the administration of
such the rules and with the examination of all applicants for
admission to practice law. The board shall consist of not less
than three, nor more than seven, attorneys at law, who shall be
appointed each for the term of three years and until a successor
qualifies. The supreme court may fill any vacancy in the board
for the unexpired term and in its discretion may remove any
member thereof of it. The board shall have a seal and shall
keep a record of its proceedings, of all applications for
admission to practice, and of persons admitted to practice upon
its recommendation. At least two times a year the board shall
hold examinations and report the result thereof of them, with
its recommendations, to the supreme court. Upon consideration
of such the report, the supreme court shall enter an order in
the case of each person examined, directing the board to reject
or to issue to the person a certificate of admission to
practice. The board shall have such officers as may, from time
to time, be prescribed and designated by the supreme court. The
fee for examination shall be fixed, from time to time, by the
supreme court, but shall not exceed $50. Such fees This fee,
and any other fees which may be received pursuant to such any
rules as the supreme court may promulgate promulgates governing
the practice of law and court-related alternative dispute
resolution practices shall be paid to the state treasurer and
shall constitute a special fund in the state treasury. The
moneys in such this fund are appropriated annually to the
supreme court for the payment of compensation and expenses of
the members of the board of law examiners and for otherwise
regulating the practice of law. The moneys in such the fund
shall never cancel. Payments therefrom from it shall be made by
the state treasurer, upon warrants of the commissioner of
finance issued upon vouchers signed by one of the justices of
the supreme court. The members of the board shall have such
compensation and such allowances for expenses as may, from time
to time, be fixed by the supreme court.
Sec. 10. Minnesota Statutes 1994, section 518.165, is
amended by adding a subdivision to read:
Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A
guardian ad litem shall carry out the following responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
Sec. 11. Minnesota Statutes 1994, section 563.01,
subdivision 3, is amended to read:
Subd. 3. Any court of the state of Minnesota or any
political subdivision thereof may authorize the commencement or
defense of any civil action, or appeal therein, without
prepayment of fees, costs and security for costs by a natural
person who makes affidavit stating (a) the nature of the action,
defense or appeal, (b) a belief that affiant is entitled to
redress, and (c) that affiant is financially unable to pay the
fees, costs and security for costs.
Upon a finding by the court that the action is not of a
frivolous nature, the court shall allow the person to proceed in
forma pauperis if the affidavit is substantially in the language
required by this subdivision and is not found by the court to be
untrue. Persons meeting the requirements of this subdivision
include, but are not limited to, a person who is receiving
public assistance, who is represented by an attorney on behalf
of a civil legal services program or a volunteer attorney
program based on indigency, or who has an annual income not
greater than 125 percent of the poverty line established under
United States Code, title 42, section 9902(2), except as
otherwise provided by section 563.02.
Sec. 12. [563.02] [INMATE LIABILITY FOR FEES AND COSTS.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"inmate" means a person who is not represented by counsel, who
has been convicted of a felony, who is committed to the custody
of the commissioner of corrections, and is:
(1) confined in a state correctional facility; or
(2) released from a state correctional facility under
section 244.065 or 244.07.
Subd. 2. [INMATE REQUEST TO PROCEED IN FORMA
PAUPERIS.] (a) An inmate who wishes to commence a civil action
by proceeding in forma pauperis must meet the following
requirements, in addition to the requirements of section 563.01,
subdivision 3:
(1) exhaust the inmate complaint procedure developed under
the commissioner of corrections policy and procedure before
commencing a civil action against the department, and state in
the application to proceed in forma pauperis that the inmate has
done so; and
(2) include the following information in an affidavit
submitted under section 563.01:
(i) a statement that the inmate's claim is not
substantially similar to a previous claim brought by the inmate
against the same party, arising from the same operative facts,
and in which there was an action that operated as an
adjudication on the merits;
(ii) complete information on the inmate's identity, the
nature and amount of the inmate's income, spouse's income, if
available to the inmate, real property owned by the inmate, and
the inmate's bank accounts, debts, monthly expenses, and number
of dependents; and
(iii) the most recent monthly statement provided by the
commissioner of corrections showing the balance in the inmate's
inmate account.
The inmate shall also attach a written authorization for
the court to obtain at any time during pendency of the present
action, without further authorization from the inmate, a current
statement of the inmate's inmate account balance, if needed to
determine eligibility to proceed with bringing a civil action in
forma pauperis. An inmate who has no funds in an inmate account
satisfies the requirement of section 563.01, subdivision 3,
clause (c).
(b) An inmate who seeks to proceed as a plaintiff in forma
pauperis must file with the court the complaint in the action
and the affidavit under this section before serving the
complaint on an opposing party.
(c) An inmate who has funds in an inmate account may only
proceed as a plaintiff in a civil action by paying the lesser of:
(1) the applicable court filing fee; or
(2) 50 percent of the balance shown in the inmate's account
according to the statement filed with the court under this
subdivision, consistent with the requirements of section 243.23,
subdivision 3.
If an inmate elects to proceed under this paragraph, the
court shall notify the commissioner of corrections to withdraw
from the inmate's account the amount required under this section
and forward the amount to the court administrator in the county
where the action was commenced. The court shall also notify the
commissioner of corrections of the amount of the filing fee
remaining unpaid. The commissioner shall continue making
withdrawals from the inmate's account and forwarding the amounts
withdrawn to the court administrator, at intervals as the
applicable funds in the inmate's account equal at least $10,
until the entire filing fee and any costs have been paid in full.
Subd. 3. [DISMISSAL OF ACTION.] (a) The court may, as
provided by this subdivision, dismiss, in whole or in part, an
action in which an affidavit has been filed under section 563.01
by an inmate seeking to proceed as a plaintiff. The action
shall be dismissed without prejudice on a finding that the
allegation of financial inability to pay fees, costs, and
security for costs is false. The action shall be dismissed with
prejudice if it is frivolous or malicious. In determining
whether an action is frivolous or malicious, the court may
consider whether:
(1) the claim has no arguable basis in law or fact; or
(2) the claim is substantially similar to a previous claim
that was brought against the same party, arises from the same
operative facts, and in which there was an action that operated
as an adjudication on the merits.
An order dismissing the action or specific claims asserted
in the action may be entered before or after service of process,
and with or without holding a hearing.
If the court dismisses a specific claim in the action, it
shall designate any issue and defendant on which the action is
to proceed without the payment of fees and costs. An order
under this subdivision is not subject to interlocutory appeal.
(b) To determine whether the allegation of financial
inability to pay fees, costs, and security for costs is false or
whether the claim is frivolous or malicious, the court may:
(1) request the commissioner of corrections to file a
report under oath responding to the issues described in
paragraph (a), clause (1) or (2);
(2) order the commissioner of corrections to furnish
information on the balance in the inmate's inmate account, if
authorized by the inmate under subdivision 2; or
(3) hold a hearing at the correctional facility where the
inmate is confined on the issue of whether the allegation of
financial inability to pay is false, or whether the claim is
frivolous or malicious.
Subd. 4. [DEFENSE WITHOUT FEES OR COSTS.] A natural person
who is named as a defendant in a civil action brought by an
inmate may appear and defend the action, including any appeal in
the action, without prepayment of the filing fee. If the action
is dismissed under rule 12 or 56 of the rules of civil
procedure, the inmate is liable for the person's fees and costs,
including reasonable attorney fees. In all other instances, the
defendant shall pay the defendant's filing fee at the conclusion
of the action or when ordered by the court.
Sec. 13. Minnesota Statutes 1994, section 609.748,
subdivision 3a, is amended to read:
Subd. 3a. [FILING FEE WAIVED; COST OF SERVICE.] The filing
fees for a restraining order under this section are waived for
the petitioner if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2 or 3.
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 direct
payment of the reasonable costs of service of process 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. 14. Minnesota Statutes 1994, section 611.27,
subdivision 4, is amended to read:
Subd. 4. [COUNTY PORTION OF COSTS.] That portion of
subdivision 1 directing counties to pay the costs of public
defense service shall not be in effect between January 1, 1995,
and July 1, 1995 1997. This subdivision only relates to costs
associated with felony, gross misdemeanor, juvenile, and
misdemeanor public defense services. Notwithstanding the
provisions of this subdivision, in the first, fifth, seventh,
ninth, and tenth judicial districts, the cost of juvenile and
misdemeanor public defense services for cases opened prior to
January 1, 1995, shall remain the responsibility of the
respective counties in those districts, even though the cost of
these services may occur after January 1, 1995.
Sec. 15. [611A.08] [BARRING PERPETRATORS OF CRIMES FROM
RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "perpetrator" means a person who has engaged in
criminal conduct and includes a person convicted of a crime;
(2) "victim" means a person who was the object of another's
criminal conduct and includes a person at the scene of an
emergency who gives reasonable assistance to another person who
is exposed to or has suffered grave physical harm;
(3) "course of criminal conduct" includes the acts or
omissions of a victim in resisting criminal conduct; and
(4) "convicted" includes a finding of guilt, whether or not
the adjudication of guilt is stayed or executed, an unwithdrawn
judicial admission of guilt or guilty plea, a no contest plea, a
judgment of conviction, an adjudication as a delinquent child,
an admission to a juvenile delinquency petition, or a
disposition as an extended jurisdiction juvenile.
Subd. 2. [PERPETRATOR'S ASSUMPTION OF THE RISK.] A
perpetrator assumes the risk of loss, injury, or death resulting
from or arising out of a course of criminal conduct involving a
violent crime, as defined in this section, engaged in by the
perpetrator or an accomplice, as defined in section 609.05, and
the crime victim is immune from and not liable for any civil
damages as a result of acts or omissions of the victim if the
victim used reasonable force as authorized in sections 609.06 or
609.065.
Subd. 3. [EVIDENCE.] Notwithstanding other evidence which
the victim may adduce relating to the perpetrator's conviction
of the violent crime involving the parties to the civil action,
a certified copy of: a guilty plea; a court judgment of guilt;
a court record of conviction as specified in sections 599.24,
599.25, or 609.041; an adjudication as a delinquent child; or a
disposition as an extended jurisdiction juvenile pursuant to
section 260.126 is conclusive proof of the perpetrator's
assumption of the risk.
Subd. 4. [ATTORNEY'S FEES TO VICTIM.] If the perpetrator
does not prevail in a civil action that is subject to this
section, the court may award reasonable expenses, including
attorney's fees and disbursements, to the victim.
Subd. 5. [STAY OF CIVIL ACTION.] Except to the extent
needed to preserve evidence, any civil action in which the
defense set forth in subdivision 1 or 2 is raised shall be
stayed by the court on the motion of the defendant during the
pendency of any criminal action against the plaintiff based on
the alleged violent crime.
Subd. 6. [VIOLENT CRIME; DEFINITION.] For purposes of this
section, "violent crime" means an offense named in sections
609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.342;
609.343; 609.344; 609.345; 609.561; 609.562; 609.563; and
609.582, or an attempt to commit any of these offenses.
"Violent crime" includes crimes in other states or jurisdictions
which would have been within the definition set forth in this
subdivision if they had been committed in this state.
Sec. 16. [REPORT.]
The state court administrator shall report to the chairs of
the judiciary committees in the house of representatives and the
senate by February 15, 1996, on the implementation of the 1995
report of the legislative auditor on guardians ad litem. The
report shall address revision of the guidelines and adoption of
rules to deal with:
(1) guardian ad litem selection, training, evaluation, and
removal;
(2) distinguishing the roles of guardians ad litem and
custody investigators;
(3) developing procedures for guardians ad litem to work
with parents who have an order for protection;
(4) requiring judges to write more detailed appointment
orders defining their expectations of the guardian ad litem
role;
(5) ascertaining and communicating to the court the wishes
of the child regarding matters before the court;
(6) standards for contact between the guardian ad litem and
the child, specifying when limited or no contact with the child
may be appropriate;
(7) developing a procedure for bringing complaints against
a guardian ad litem; and
(8) specifying selection criteria, responsibilities, and
necessary training for a guardian ad litem program coordinator.
The report shall also describe how the supreme court will
educate parents, judges, attorneys, and other professionals
about the purpose and role of guardians ad litem.
In addressing the revision of the guidelines and adoption
of rules, the supreme court is requested to consult with
interest groups, advocacy groups, and the public.
Sec. 17. Laws 1993, chapter 255, section 1, subdivision 1,
is amended to read:
Section 1. [NONFELONY ENFORCEMENT ADVISORY COMMITTEE.]
Subdivision 1. [DUTIES.] The nonfelony enforcement
advisory committee shall study current enforcement and
prosecution of all nonfelony offenses under Minnesota law. The
committee shall evaluate the effect of prosecutorial
jurisdiction over misdemeanor and gross misdemeanor crimes
against the person on effective law enforcement and public
safety. The committee shall analyze the relative penalty levels
for nonfelony crimes against the person and, low-level felony
property crimes, and crimes for which there are both felony and
nonfelony penalties. The committee shall recommend any
necessary changes in Minnesota law to achieve the following
goals:
(1) proportionality of penalties for gross misdemeanors,
misdemeanors, and petty misdemeanors;
(2) effective enforcement and prosecution of these
offenses; and
(3) efficient use of the resources of the criminal justice
system.
Sec. 18. Laws 1993, chapter 255, section 1, subdivision 4,
is amended to read:
Subd. 4. [REPORT.] By October 1, 1995 January 15, 1997,
the committee shall report its findings and recommendations for
revisions in Minnesota law to the chairs of the senate committee
on crime prevention and the house committee on judiciary.
Sec. 19. Laws 1993, chapter 255, section 2, is amended to
read:
Sec. 2. [REPEALER.]
Section 1 is repealed effective October 15, 1995 December
30, 1996.
Sec. 20. [EFFECTIVE DATES.]
(a) Sections 16 to 19 are effective the day following final
enactment.
(b) Section 1 is effective September 1, 1995.
(c) Sections 7 and 8 are effective July 1, 1995, for
filings on and after that date.
(d) Section 4 is effective July 1, 1995, and applies to
causes of action arising on or after that date.
(e) Sections 12 and 15 are effective July 1, 1995, and
apply to actions filed on or after that date.
(f) The remaining provisions of this article are effective
July 1, 1995.
ARTICLE 7
CRIME VICTIMS
Section 1. [257.81] [TRAINING FOR INTERVIEWERS OF
MALTREATED CHILDREN; COMMISSIONER OF HUMAN SERVICES DUTIES.]
The commissioner of human services shall develop training
programs designed to provide specialized interviewer training to
persons who interview allegedly maltreated children. The
training must include information on interviewing adolescents
and address the best methods of so doing. All training shall be
presented within a child development model framework and include
information on working with children of color and children with
special needs. To accomplish this objective, the commissioner
shall:
(1) establish criteria for adequately trained interviewers;
(2) determine the number of trained interviewers and
evaluate the extent of the need for interviewer training;
(3) offer forums and tuition to county professionals for
specialized interviewer training where the need exists; and
(4) encourage counties to assess local needs and assist
counties in making interviewer training available to meet those
needs.
Sec. 2. Minnesota Statutes 1994, section 299C.065,
subdivision 1a, is amended to read:
Subd. 1a. [WITNESS AND VICTIM PROTECTION FUND.] A witness
and victim protection fund is created under the administration
of the commissioner of public safety. The commissioner may make
grants to local officials to provide for the relocation or other
protection of a victim, witness, or potential witness who is
involved in a criminal prosecution and who the commissioner has
reason to believe is or is likely to be the target of a violent
crime or a violation of section 609.498 or 609.713, in
connection with that prosecution. The awarding of grants under
this subdivision is not limited to the crimes and investigations
described in subdivision 1. The commissioner may award grants
for any of the following actions in connection with the
protection of a witness or victim under this subdivision:
(1) to provide suitable documents to enable the person to
establish a new identity or otherwise protect the person;
(2) to provide housing for the person;
(3) to provide for the transportation of household
furniture and other personal property to the person's new
residence;
(4) to provide the person with a payment to meet basic
living expenses for a time period the commissioner deems
necessary;
(5) to assist the person in obtaining employment; and
(6) to provide other services necessary to assist the
person in becoming self-sustaining.
Sec. 3. Minnesota Statutes 1994, section 518B.01,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them:
(a) "Domestic abuse" means the following, if committed
against a family or household member by a family or household
member:
(i) (1) physical harm, bodily injury, or assault, or;
(2) the infliction of fear of imminent physical harm,
bodily injury, or assault, between family or household members;
or
(ii) (3) terroristic threats, within the meaning of section
609.713, subdivision 1, or criminal sexual conduct, within the
meaning of section 609.342, 609.343, 609.344, or 609.345,
committed against a family or household member by a family or
household member.
(b) "Family or household members" means:
(1) spouses, and former spouses,;
(2) parents and children,;
(3) persons related by blood, and;
(4) persons who are presently residing together or who have
resided together in the past, and;
(5) persons who have a child in common regardless of
whether they have been married or have lived together at any
time. "Family or household member" also includes;
(6) a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been
married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual
relationship.
Issuance of an order for protection on this the ground in
clause (6) does not affect a determination of paternity under
sections 257.51 to 257.74. In determining whether persons are
or have been involved in a significant romantic or sexual
relationship under clause (7), the court shall consider the
length of time of the relationship; type of relationship;
frequency of interaction between the parties; and, if the
relationship has terminated, length of time since the
termination.
Sec. 4. Minnesota Statutes 1994, 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 by a family or
household member, a guardian as defined in section 524.1-201,
clause (20), or, if the court finds that it is in the best
interests of the minor, by a reputable adult age 25 or older on
behalf of minor family or household members. A minor age 16 or
older may make a petition on the minor's own behalf against a
spouse or former spouse, or a person with whom the minor has a
child in common, if the court determines that the minor has
sufficient maturity and judgment and that it is in the best
interests of the minor.
(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 the petitioner
has ever had an order for protection in effect against the
respondent.
(d) 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 court
administrator 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) (e) The court shall provide simplified forms and
clerical assistance to help with the writing and filing of a
petition under this section.
(e) (f) The court shall advise a petitioner under paragraph
(d) (e) 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) (g) The court shall advise a petitioner under paragraph
(d) (e) 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) (h) The court shall advise the petitioner of the right
to seek restitution under the petition for relief.
Sec. 5. Minnesota Statutes 1994, section 518B.01, is
amended by adding a subdivision to read:
Subd. 6a. [SUBSEQUENT ORDERS AND EXTENSIONS.] Upon
application, notice to all parties, and hearing, the court may
extend the relief granted in an existing order for protection
or, if a petitioner's order for protection is no longer in
effect when an application for subsequent relief is made, grant
a new order. The court may extend the terms of an existing
order or, if an order is no longer in effect, grant a new order
upon a showing that:
(1) the respondent has violated a prior or existing order
for protection;
(2) the petitioner is reasonably in fear of physical harm
from the respondent; or
(3) the respondent has engaged in acts of harassment or
stalking within the meaning of section 609.749, subdivision 2.
A petitioner does not need to show that physical harm is
imminent to obtain an extension or a subsequent order under this
subdivision.
Sec. 6. Minnesota Statutes 1994, section 518B.01,
subdivision 8, is amended to read:
Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION.] (a)
The petition and any order issued under this section shall be
served on the respondent personally.
(b) When service is made out of this state and in the
United States, it may be proved by the affidavit of the person
making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making
the service, taken before and certified by any United States
minister, charge d'affaires, commissioner, consul, or commercial
agent, or other consular or diplomatic officer of the United
States appointed to reside in the other country, including all
deputies or other representatives of the officer authorized to
perform their duties; or before an office authorized to
administer an oath with the certificate of an officer of a court
of record of the country in which the affidavit is taken as to
the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be made, the court may order
service of the petition and any order issued under this section
by alternate means, or by publication, which publication must be
made as in other actions. The application for alternate service
must include the last known location of the respondent; the
petitioner's most recent contacts with the respondent; the last
known location of the respondent's employment; the names and
locations of the respondent's parents, siblings, children, and
other close relatives; the names and locations of other persons
who are likely to know the respondent's whereabouts; and a
description of efforts to locate those persons.
The court shall consider the length of time the
respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the
relief sought, and the nature of efforts made to locate the
respondent. The court shall order service by first class mail,
forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be
forwarded or communicated to the respondent.
The court may also order publication, within or without the
state, but only if it might reasonably succeed in notifying the
respondent of the proceeding. Also, the court may require the
petitioner to make efforts to locate the respondent by telephone
calls to appropriate persons. Service shall be deemed complete
21 14 days after mailing or 21 14 days after court-ordered
publication.
Sec. 7. Minnesota Statutes 1994, 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 is guilty of a gross
misdemeanor who violates this paragraph during the time period
between a previous conviction under this paragraph; sections
609.221 to 609.224; 609.713, subdivision 1 or 3; 609.748,
subdivision 6; 609.749; or a similar law of another state and
the end of the five years following discharge from sentence for
that conviction. 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 shall 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, except when the court determines a longer fixed
period is appropriate.
(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 paragraph (b).
Sec. 8. Minnesota Statutes 1994, section 611A.01, is
amended to read:
611A.01 [DEFINITIONS.]
For the purposes of sections 611A.01 to 611A.04 and 611A.06:
(a) "Crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or
conduct that 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) "Victim" means a natural person who incurs loss or harm
as a result of a crime, including a good faith effort to prevent
a crime, and for purposes of sections 611A.04 and 611A.045, also
includes a corporation that incurs loss or harm as a result of a
crime. If the victim is a natural person and is deceased,
"victim" means the deceased's surviving spouse or next of kin;
and
(c) "Juvenile" has the same meaning as given to the term
"child" in section 260.015, subdivision 2.
Sec. 9. Minnesota Statutes 1994, section 611A.04,
subdivision 1, is amended to read:
Subdivision 1. [REQUEST; DECISION.] (a) A victim of a
crime has the right to receive restitution 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 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 or by other competent evidence. 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 restitution is in the form of money or property. 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, expenses
incurred to return a child who was a victim of a crime under
section 609.26 to the child's parents or lawful custodian, and
funeral expenses. An actual or prospective civil action
involving the alleged crime shall not be used by the court as a
basis to deny a victim's right to obtain court-ordered
restitution under this section. In order to be considered 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 or the offender's attorney at least
24 hours before the sentencing or dispositional hearing. The
issue of restitution may be reserved or the sentencing or
dispositional hearing or hearing on the restitution request may
be continued if the victim's affidavit or other competent
evidence submitted by the victim is not received in time. 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 in accordance with the
procedures established in section 611A.045, subdivision 3.
(b) The court may amend or issue an order of restitution
after the sentencing or dispositional hearing if:
(1) the offender is on probation, committed to the
commissioner of corrections, or on supervised release;
(2) information regarding restitution 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, or hearing
on the restitution request.
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 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. In the case of a defendant
who is on probation, the court may not refuse to enforce an
order for restitution solely on the grounds that the order has
been docketed as a civil judgment.
Sec. 10. Minnesota Statutes 1994, section 611A.19,
subdivision 1, is amended to read:
Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
the request or with the consent of the victim, the prosecutor
shall make a motion in camera and the sentencing court may shall
issue an order requiring a person an adult convicted of a
violent crime, as defined in section 609.152, or a juvenile
adjudicated delinquent for violating section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), or 609.345 (criminal sexual conduct in the
fourth degree), or any other violent crime, as defined in
section 609.152, to submit to testing to determine the presence
of human immunodeficiency virus (HIV) antibody if:
(1) the prosecutor moves for the test order in camera crime
involved sexual penetration, however slight, as defined in
section 609.341, subdivision 12; or
(2) the victim requests the test; and
(3) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during commission of the crime in a manner which
has been demonstrated epidemiologically to transmit the HIV
virus evidence exists that the broken skin or mucous membrane of
the victim was exposed to or had contact with the offender's
semen or blood during the commission of the crime in a manner
which has been demonstrated epidemiologically to transmit the
human immunodeficiency virus (HIV).
(b) If When the court grants the prosecutor's motion orders
an offender to submit to testing under paragraph (a), the court
shall order that the test be performed by an appropriate health
professional who is trained to provide the counseling described
in section 144.763, and that no reference to the test, the
motion requesting the test, the test order, or the test results
may appear in the criminal record or be maintained in any record
of the court or court services.
Sec. 11. Minnesota Statutes 1994, section 611A.31,
subdivision 2, is amended to read:
Subd. 2. "Battered woman" means a woman who is being or
has been victimized by domestic abuse as defined in section
518B.01, subdivision 2, except that "family or household members"
includes persons with whom the woman has had a continuing
relationship.
Sec. 12. Minnesota Statutes 1994, section 611A.53,
subdivision 2, is amended to read:
Subd. 2. No reparations shall be awarded to a claimant
otherwise eligible if:
(a) the crime was not reported to the police within 30 days
of its occurrence or, if it could not reasonably have been
reported within that period, within 30 days of the time when a
report could reasonably have been made. A victim of criminal
sexual conduct in the first, second, third, or fourth degree who
does not report the crime within 30 days of its occurrence is
deemed to have been unable to have reported it within that
period;
(b) the victim or claimant failed or refused to cooperate
fully with the police and other law enforcement officials;
(c) the victim or claimant was the offender or an
accomplice of the offender or an award to the claimant would
unjustly benefit the offender or an accomplice;
(d) the victim or claimant was in the act of committing a
crime at the time the injury occurred;
(e) no claim was filed with the board within two years of
victim's injury or death; except that (1) if the claimant was
unable to file a claim within that period, then the claim can be
made within two years of the time when a claim could have been
filed; and (2) if the victim's injury or death was not
reasonably discoverable within two years of the injury or death,
then the claim can be made within two years of the time when the
injury or death is reasonably discoverable. The following
circumstances do not render a claimant unable to file a claim
for the purposes of this clause: (1) lack of knowledge of the
existence of the Minnesota crime victims reparations act, (2)
the failure of a law enforcement agency to provide information
or assistance to a potential claimant under section 611A.66, (3)
the incompetency of the claimant if the claimant's affairs were
being managed during that period by a guardian, guardian ad
litem, conservator, authorized agent, or parent, or (4) the fact
that the claimant is not of the age of majority; or
(f) the claim is less than $50.
The limitations contained in clauses (a) and (e) do not
apply to victims of domestic child abuse as defined in section
260.015, subdivision 24. In those cases the two-year limitation
period commences running with the report of the crime to the
police; provided that no claim as a result of loss due to
domestic child abuse may be paid when the claimant is 21 years
of age or older at the time the claim is filed.
Sec. 13. [611A.612] [CRIME VICTIMS ACCOUNT.]
A crime victim account is established as a special account
in the state treasury. Amounts collected by the state under
section 611A.61 or paid to the crime victims reparations board
under section 611A.04, subdivision 1a, shall be credited to this
account. Money credited to this account is annually
appropriated to the department of public safety for use for
crime victim reparations under sections 611A.51 to 611A.67.
Sec. 14. [611A.675] [FUND FOR EMERGENCY NEEDS OF CRIME
VICTIMS.]
Subdivision 1. [GRANTS AUTHORIZED.] The crime victims
reparations board shall make grants to local law enforcement
agencies for the purpose of providing emergency assistance to
victims. As used in this section, "emergency assistance"
includes but is not limited to:
(1) replacement of necessary property that was lost,
damaged, or stolen as a result of the crime;
(2) purchase and installation of necessary home security
devices; and
(3) transportation to locations related to the victim's
needs as a victim, such as medical facilities and facilities of
the criminal justice system.
Subd. 2. [APPLICATION FOR GRANTS.] A county sheriff or the
chief administrative officer of a municipal police department
may apply to the board for a grant for any of the purposes
described in subdivision 1 or for any other emergency assistance
purpose approved by the board. The application must be on forms
and pursuant to procedures developed by the board. The
application must describe the type or types of intended
emergency assistance, estimate the amount of money required, and
include any other information deemed necessary by the board.
Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A county
sheriff or chief administrative officer of a municipal police
department who receives a grant under this section shall report
all expenditures to the board on a quarterly basis. The sheriff
or chief administrative officer shall also file an annual report
with the board itemizing the expenditures made during the
preceding year, the purpose of those expenditures, and the
ultimate disposition, if any, of each assisted victim's criminal
case.
Subd. 4. [REPORT TO LEGISLATURE.] On or before February 1,
1997, the board shall report to the chairs of the senate crime
prevention and house of representatives judiciary committees on
the implementation, use, and administration of the grant program
created under this section.
Sec. 15. Minnesota Statutes 1994, section 611A.71,
subdivision 7, is amended to read:
Subd. 7. [EXPIRATION.] The council expires on June 30,
1995 1997.
Sec. 16. Minnesota Statutes 1994, section 611A.73,
subdivision 3, is amended to read:
Subd. 3. [ELEMENTS OF THE CRIMINAL JUSTICE SYSTEM.]
"Elements of the criminal justice system" refers to county
prosecuting attorneys and members of their staff; peace
officers; probation and corrections officers; city, state, and
county officials involved in the criminal justice system; and
does not include the judiciary.
Sec. 17. Minnesota Statutes 1994, section 611A.74, is
amended to read:
611A.74 [CRIME VICTIM OMBUDSMAN; CREATION.]
Subdivision 1. [CREATION.] The office of crime victim
ombudsman for Minnesota is created. The ombudsman shall be
appointed by the commissioner of public safety with the advice
of the advisory council, and shall serve in the unclassified
service at the pleasure of the commissioner. No person may
serve as ombudsman while holding any other public office. The
ombudsman is directly accountable to the commissioner of public
safety and shall have the authority to investigate decisions,
acts, and other matters of the criminal justice system so as to
promote the highest attainable standards of competence,
efficiency, and justice for crime victims in the criminal
justice system.
Subd. 2. [DUTIES.] The crime victim ombudsman may
investigate complaints concerning possible violation of the
rights of crime victims or witnesses provided under this
chapter, the delivery of victim services by victim assistance
programs, the administration of the crime victims reparations
act, and other complaints of mistreatment by elements of the
criminal justice system or victim assistance programs. The
ombudsman shall act as a liaison, when the ombudsman deems
necessary, between agencies, either in the criminal justice
system or in victim assistance programs, and victims and
witnesses. The ombudsman may be concerned with activities that
strengthen procedures and practices which lessen the risk that
objectionable administrative acts will occur. The ombudsman
must be made available through the use of a toll free telephone
number and shall answer questions concerning the criminal
justice system and victim services put to the ombudsman by
victims and witnesses in accordance with the ombudsman's
knowledge of the facts or law, unless the information is
otherwise restricted. The ombudsman shall establish a procedure
for referral to the crime victim crisis centers, the crime
victims reparations board, and other victim assistance programs
when services are requested by crime victims or deemed necessary
by the ombudsman.
The ombudsman's files are confidential data as defined in
section 13.02, subdivision 3, during the course of an
investigation or while the files are active. Upon completion of
the investigation or when the files are placed on inactive
status, they are private data on individuals as defined in
section 13.02, subdivision 12.
Subd. 3. [POWERS.] The crime victim ombudsman has those
powers necessary to carry out the duties set out in subdivision
1, including:
(a) The ombudsman may investigate, with or without a
complaint, any action of an element of the criminal justice
system or a victim assistance program included in subdivision 2.
(b) The ombudsman may request and shall be given access to
information pertaining to a complaint and assistance the
ombudsman considers necessary for the discharge of
responsibilities. The ombudsman may inspect, examine, and be
provided copies of records and documents of all elements of the
criminal justice system and victim assistance programs. The
ombudsman may request and shall be given access to police
reports pertaining to juveniles and juvenile delinquency
petitions, notwithstanding section 260.161. Any information
received by the ombudsman retains its data classification under
chapter 13 while in the ombudsman's possession. Juvenile
records obtained under this subdivision may not be released to
any person.
(c) The ombudsman may prescribe the methods by which
complaints are to be made, received, and acted upon; may
determine the scope and manner of investigations to be made; and
subject to the requirements of sections 611A.72 to 611A.74, may
determine the form, frequency, and distribution of ombudsman
conclusions, recommendations, and proposals.
(d) After completing investigation of a complaint, the
ombudsman shall inform in writing the complainant, the
investigated person or entity, and other appropriate
authorities, including the attorney general, of the action taken.
If the complaint involved the conduct of an element of the
criminal justice system in relation to a criminal or civil
proceeding, the ombudsman's findings shall be forwarded to the
court in which the proceeding occurred.
(e) Before announcing a conclusion or recommendation that
expressly or impliedly criticizes an administrative agency or
any person, the ombudsman shall consult with that agency or
person.
Subd. 4. [NO COMPELLED TESTIMONY.] Neither the ombudsman
nor any member of the ombudsman's staff may be compelled to
testify or produce evidence in any court judicial or
administrative proceeding with respect to matters involving the
exercise of official duties except as may be necessary to
enforce the provisions of this section.
Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint
valid after duly considering the complaint and whatever material
the ombudsman deems pertinent, the ombudsman may recommend
action to the appropriate authority.
(b) If the ombudsman makes a recommendation to an
appropriate authority for action, the authority shall, within a
reasonable time period, but not more than 30 days, inform the
ombudsman about the action taken or the reasons for not
complying with the recommendation.
(c) The ombudsman may publish conclusions and suggestions
by transmitting them to the governor, the legislature or any of
its committees, the press, and others who may be concerned.
When publishing an opinion adverse to an administrative agency,
the ombudsman shall include any statement the administrative
agency may have made to the ombudsman by way of explaining its
past difficulties or its present rejection of the ombudsman's
proposals.
Subd. 6. [REPORTS.] In addition to whatever reports the
ombudsman may make from time to time, the ombudsman shall
biennially report to the legislature and to the governor
concerning the exercise of ombudsman functions during the
preceding biennium. The biennial report is due on or before the
beginning of the legislative session following the end of the
biennium.
Sec. 18. Minnesota Statutes 1994, section 629.341,
subdivision 1, is amended to read:
Subdivision 1. [ARREST.] Notwithstanding section 629.34 or
any other law or rule, a peace officer may arrest a person
anywhere without a warrant, including at the person's residence,
if the peace officer has probable cause to believe that within
the preceding 12 hours the person within the preceding four
hours has assaulted, threatened with a dangerous weapon, or
placed in fear of immediate bodily harm the person's spouse,
former spouse, other person with whom the person resides or has
formerly resided, or other person with whom the person has a
child or an unborn child in common, regardless of whether they
have been married or have lived together at any time has
committed domestic abuse, as defined in section 518B.01,
subdivision 2. The arrest may be made even though the assault
did not take place in the presence of the peace officer.
Sec. 19. Minnesota Statutes 1994, section 629.715,
subdivision 1, is amended to read:
Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a
person is arrested for a crime against the person, the judge
before whom the arrested person is taken shall review the facts
surrounding the arrest and detention. If the person was
arrested or detained for committing a crime of violence, as
defined in section 629.725, the prosecutor or other appropriate
person shall present relevant information involving the victim
or the victim's family's account of the alleged crime to the
judge to be considered in determining the arrested person's
release. The arrested person must be ordered released pending
trial or hearing on the person's personal recognizance or on an
order to appear or upon the execution of an unsecured bond in a
specified amount unless the judge determines that release (1)
will be inimical to public safety, (2) will create a threat of
bodily harm to the arrested person, the victim of the alleged
crime, or another, or (3) will not reasonably assure the
appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) is
not advisable, the judge may impose any conditions of release
that will reasonably assure the appearance of the person for
subsequent proceedings, or will protect the victim of the
alleged crime, or may fix the amount of money bail without other
conditions upon which the arrested person may obtain release.
Sec. 20. Minnesota Statutes 1994, section 629.72,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION; ALLOWING DETENTION IN LIEU OF
CITATION; RELEASE.] (a) For purposes of this section, "domestic
abuse" has the meaning given in section 518B.01, subdivision 2.
(b) Notwithstanding any other law or rule, an arresting
officer may not issue a citation in lieu of arrest and detention
to an individual charged with harassment or charged with
assaulting the individual's spouse or other individual with whom
the charged person resides domestic abuse.
(c) Notwithstanding any other law or rule, an individual
who is arrested on a charge of harassing any person or
of assaulting the individual's spouse or other person with whom
the individual resides domestic abuse must be brought to the
police station or county jail. The officer in charge of the
police station or the county sheriff in charge of the jail shall
issue a citation in lieu of continued detention unless it
reasonably appears to the officer or sheriff that detention is
necessary to prevent bodily harm to the arrested person or
another, or there is a substantial likelihood the arrested
person will fail to respond to a citation.
(d) If the arrested person is not issued a citation by the
officer in charge of the police station or the county sheriff,
the arrested person must be brought before the nearest available
judge of the district court in the county in which the alleged
harassment or assault domestic abuse took place without
unnecessary delay as provided by court rule.
Sec. 21. Minnesota Statutes 1994, section 629.72,
subdivision 2, is amended to read:
Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge
before whom the arrested person is brought shall review the
facts surrounding the arrest and detention. The arrested person
must be ordered released pending trial or hearing on the
person's personal recognizance or on an order to appear or upon
the execution of an unsecured bond in a specified amount unless
the judge determines that release (1) will be inimical to public
safety, (2) will create a threat of bodily harm to the arrested
person, the victim of the alleged harassment or assault domestic
abuse, or another, or (3) will not reasonably assure the
appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release is not advisable, the
judge may impose any conditions of release that will reasonably
assure the appearance of the person for subsequent proceedings,
or will protect the victim of the alleged harassment or assault
domestic abuse, or may fix the amount of money bail without
other conditions upon which the arrested person may obtain
release. If conditions of release are imposed, the judge shall
issue a written order for conditional release. The court
administrator shall immediately distribute a copy of the order
for conditional release to the agency having custody of the
arrested person and shall provide the agency having custody of
the arrested person with any available information on the
location of the victim in a manner that protects the victim's
safety. Either the court or its designee or the agency having
custody of the arrested person shall serve upon the defendant a
copy of the order. Failure to serve the arrested person with a
copy of the order for conditional release does not invalidate
the conditions of release.
(c) If the judge imposes as a condition of release a
requirement that the person have no contact with the victim of
the alleged harassment or assault domestic abuse, the judge may
also, on its own motion or that of the prosecutor or on request
of the victim, issue an ex parte temporary restraining order
under section 609.748, subdivision 4, or an ex parte temporary
order for protection under section 518B.01, subdivision 7.
Notwithstanding section 518B.01, subdivision 7, paragraph (b),
or 609.748, subdivision 4, paragraph (c), the temporary order is
effective until the defendant is convicted or acquitted, or the
charge is dismissed, provided that upon request the defendant is
entitled to a full hearing on the restraining order under
section 609.748, subdivision 5, or on the order for protection
under section 518B.01. The hearing must be held within seven
days of the defendant's request.
Sec. 22. Minnesota Statutes 1994, section 629.72,
subdivision 6, is amended to read:
Subd. 6. [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED
PERSON.] (a) Immediately after issuance of a citation in lieu of
continued detention under subdivision 1, or the entry of an
order for release under subdivision 2, but before the arrested
person is released, the agency having custody of the arrested
person or its designee must make a reasonable and good faith
effort to inform orally the alleged victim of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court
appearance of the arrested person and the victim's right to be
present at the court appearance; and
(4) if the arrested person is charged with domestic assault
abuse, the location and telephone number of the area battered
women's shelter as designated by the department of corrections.
(b) As soon as practicable after an order for conditional
release is entered, the agency having custody of the arrested
person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of
the information in clauses (2) and (3).
Sec. 23. [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL
HEARING OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is scheduled to be
reviewed under section 629.715 for release from pretrial
detention, the court shall make a reasonable and good faith
effort to notify the victim of the alleged crime. If the victim
is incapacitated or deceased, notice must be given to the
victim's family. If the victim is a minor, notice must be given
to the victim's parent or guardian. The notification must
include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be
contacted for additional information; and
(4) a statement that the victim and the victim's family may
attend the review.
As used in this section, "crime of violence" has the
meaning given it in section 624.712, subdivision 5, and also
includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.
Sec. 24. [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY
REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is about to be
released from pretrial detention, the agency having custody of
the arrested or detained person or its designee shall make a
reasonable and good faith effort before release to inform any
local law enforcement agencies known to be involved in the case,
if different from the agency having custody, of the following
matters:
(1) the conditions of release, if any;
(2) the time of release; and
(3) the time, date, and place of the next scheduled court
appearance of the arrested or detained person.
Sec. 25. [INSTRUCTION TO REVISOR.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B every time it occurs and insert a reference to section 611A.68.
Column A Column B
611A.51 611A.67
611A.52 611A.67
611A.66 611A.67
611A.68 611A.67
Sec. 26. [REPEALER.]
Minnesota Statutes 1994, section 611A.61, subdivision 3, is
repealed.
Sec. 27. [EFFECTIVE DATES.]
Section 10 is effective the day following final enactment.
The remaining provisions of this article are effective July 1,
1995.
Presented to the governor May 23, 1995
Signed by the governor May 25, 1995, 3:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes