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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.

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