Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 408-S.F.No. 2856
An act relating to criminal justice; crime prevention;
appropriating money for the judicial branch, public
safety, corrections, criminal justice, crime
prevention programs, and other related purposes;
providing for community notification of the release of
certain sex offenders, expanding the sex offender
registration act; implementing, clarifying, and
modifying certain criminal and juvenile provisions;
prescribing, clarifying, and modifying certain penalty
provisions; establishing and expanding pilot programs,
grant programs, task forces, committees, and studies;
providing for the retention of consultants; limiting
expungement of certain criminal records and providing
an expungement process; reconciling various provisions
on criminal history background checks; prohibiting use
of deadly force against peace officers under certain
circumstances; amending Minnesota Statutes 1994,
sections 2.724, subdivision 3; 13.99, subdivision 53a;
144A.46, subdivision 5; 152.02, subdivision 2; 168.36,
by adding a subdivision; 169.09, subdivision 14;
169.791, subdivisions 2a, 3, and 4; 169.792,
subdivisions 1, 2, 3, 5, and 6; 181.9412; 241.275;
242.31, subdivision 2; 244.09, subdivision 5; 244.10,
by adding a subdivision; 244.17, subdivision 2;
244.172, subdivision 2; 260.141, by adding a
subdivision; 260.145; 260.161, subdivision 1a;
260.171, subdivision 2; 260.281; 260.301; 260.311,
subdivision 3a; 268.30, subdivision 2; 299A.35, as
amended; 299C.13; 352.90; 352.91, subdivisions 1, 2,
3b, 4, and by adding subdivisions; 352.92, subdivision
2; 401.10; 490.15, by adding a subdivision; 609.035,
subdivision 1, and by adding a subdivision; 609.06;
609.11, subdivisions 5 and 9; 609.135, subdivision 1;
609.165, subdivision 1b; 609.21, subdivisions 1, 2,
2a, 3, and 4; 609.2231, subdivision 2, and by adding a
subdivision; 609.224, subdivision 4; 609.3451, by
adding a subdivision; 609.487, by adding a
subdivision; 609.52, subdivision 2; 609.5316,
subdivision 3; 609.583; 609.596; 609.611; 609.66,
subdivision 1a; 609.666, subdivision 1; 609.749, by
adding a subdivision; 609.855, subdivision 5; 611.271;
611A.04, subdivisions 1a and 3; 611A.25, subdivision
3; 611A.361, subdivision 3; and 624.713, subdivision
2; Minnesota Statutes 1995 Supplement, sections
16B.181; 144.057, subdivisions 1, 3, and 4; 152.18,
subdivision 1; 242.31, subdivision 1; 243.166,
subdivisions 1 and 7; 243.212; 245A.04, subdivision 3;
256.045, subdivision 3; 260.015, subdivision 21;
260.132, subdivision 3a; 260.155, subdivision 2;
260.195, subdivision 2a; 299A.326, subdivision 1;
299C.10, subdivision 1; 299C.11; 299C.67, subdivision
5; 299C.68, subdivisions 2, 5, and 6; 481.01; 518B.01,
subdivision 14; 609.10; 609.125; 609.152, subdivision
1; 609.19; 609.20; 609.224, subdivision 2; 609.2325,
subdivision 3; 609.3451, subdivision 1; 609.485,
subdivisions 2 and 4; 609.52, subdivision 1; 611A.01;
611A.04, subdivision 1; 617.23; 624.712, subdivision
5; and 641.15, subdivision 2; Laws 1991, chapter 271,
section 9; Laws 1995, chapter 229; article 3, section
17; proposing coding for new law in Minnesota
Statutes, chapters 15; 168A; 171; 241; 243; 244; 299A;
609; and 611A; proposing coding for new law as
Minnesota Statutes, chapter 609A; repealing Minnesota
Statutes 1994, sections 152.18, subdivision 2; 242.31,
subdivision 3; 260.141, subdivision 1; 299A.60;
352.91, subdivision 3; 609.166; 609.167; 609.168; and
609.495, subdivision 2.
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 article, to
be available for the fiscal years indicated for each purpose.
The figures "1996" and "1997," where used in this article, 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 $ 764,000 $ 16,539,000 $ 17,303,000
Special Revenue -0- 984,000 984,000
Trunk Highway 19,000 -0- 19,000
TOTAL $ 783,000 $ 17,523,000 $ 18,306,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. SUPREME COURT $ -0- $ 350,000
$350,000 is a one-time appropriation
for civil legal services to low-income
clients.
The conference of chief judges and
board of public defense are requested
to study ways to improve court
appearance scheduling to maximize use
of public defenders and minimize
travel. The state court administrator
is requested to report recommendations
by January 15, 1997, to the committees
on judiciary and judiciary finance in
the house of representatives and the
committee on crime prevention in the
senate.
Sec. 3. BOARD OF JUDICIAL
STANDARDS 100,000 -0-
This is a one-time appropriation.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 683,000 7,040,000
Summary by Fund
1996 1997
General 664,000 7,040,000
Trunk Highway 19,000 -0-
$4,660,000 is a one-time appropriation
for the purposes specified in this
paragraph. Of this amount, 54.5
percent is for grants to hire new peace
officers under Minnesota Statutes,
section 299A.62; 21.5 percent is for
grants to fund overtime for law
enforcement officers under Minnesota
Statutes, section 299A.62; 13 percent
is for weed and seed grants; and 11
percent is for grants to local law
enforcement agencies for law
enforcement officers assigned to
schools as school liaison officers.
The school liaison officer grants may
be used to expand the assignment of law
enforcement officers to middle schools,
junior high schools, and high schools.
The amount of the state grant must be
matched by at least an equal amount of
money from nonstate sources and may not
exceed $250,000 for a single grant.
Subd. 2. Emergency Management
483,000 30,000
Summary by Fund
General 464,000 30,000
Trunk Highway 19,000 -0-
$464,000 from the general fund the
first year and $30,000 the second year
are for program administration and
disaster relief for wind damage
resulting from storms occurring in the
summer of 1995.
$19,000 from the trunk highway fund the
first year is for program
administration and disaster relief for
wind damage resulting from storms
occurring in the summer of 1995.
Subd. 3. Criminal Apprehension
-0- 500,000
$450,000 is for four forensic
scientists for enhanced laboratory
services and four special agents.
$50,000 is a one-time appropriation for
grants from the witness and victim
protection fund described in Minnesota
Statutes, section 299C.065, subdivision
1a.
$20,000 of the fiscal year 1997
appropriation for the school-related
crime telephone line under Minnesota
Statutes, section 299A.60, shall be
transferred to be used for the
antiviolence advertising campaign
authorized in article 2.
The superintendent of the bureau of
criminal apprehension shall convene a
workgroup to study and make
recommendations on criminal justice
information access and retention issues
including processes on expungement,
correction of inaccurate records,
destruction of records, and other
matters relating to the privacy
interests of individuals. The
workgroup shall also address
noncriminal justice agency access to
records.
The workgroup shall include
representatives of the criminal and
juvenile justice information policy
group and task force, the supreme court
implementation committee on diversity
and racial fairness, the department of
human services, the department of
administration, law enforcement,
prosecuting authorities, public
defenders, one member of each caucus in
each house, and interest and advocacy
groups.
The workgroup shall report to the
committee on crime prevention in the
senate and the committees on judiciary
and judiciary finance in the house of
representatives by January 15, 1997.
Subd. 4. Drug Policy and Violence Prevention
200,000 1,850,000
$1,775,000 is a one-time appropriation
for community crime reduction grants
under Minnesota Statutes, section
299A.35. Up to five percent of this
appropriation may be used for
administration and evaluation of the
programs funded by this appropriation.
$75,000 is a one-time appropriation to
fund the higher education center on
violence and abuse under Minnesota
Statutes, section 135A.153.
$200,000 is a one-time appropriation
for a grant to the Council on Black
Minnesotans to fund the Martin Luther
King, Jr. nonviolent institutional
child development pilot program. This
sum is available the day following
final enactment and is available until
June 30, 1997.
Sec. 5. BOARD OF PUBLIC
DEFENSE -0- 50,000
This amount is to the office of the
state public defender to implement
community notification for sex
offenders. This amount shall be
annualized and added to the base budget
of the office of the state public
defender for the 1998-1999 biennium.
Of the amount appropriated to the board
of public defense in Laws 1995, chapter
226, article 1, section 10, subdivision
3, up to $100,000 in fiscal year 1996
and up to $100,000 in fiscal year 1997
may be used by the board for the
operation of its management information
system and administration. This
transfer is effective the day following
final enactment.
Sec. 6. CORRECTIONS
Subdivision 1. Total Appropriation -0- 7,069,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
During the biennium ending June 30,
1997, whenever offenders are assigned
for the purpose of work under agreement
with a state department or agency,
local unit of government, or other
government subdivision, the state
department or agency, local unit of
government, or other governmental
subdivision must certify in writing to
the appropriate bargaining agent that
the work performed by inmates will not
result in the displacement of currently
employed workers or workers on seasonal
layoff, including partial displacement
such as reduction in hours of
nonovertime work, wages, or other
employment benefits.
The commissioner shall attempt to
maximize the use of inmate labor
throughout the state by entering into
negotiations and agreements, where
feasible.
Subd. 2. Structural Deficiency
$6,000,000 is to maintain the current
operations of the department's
correctional facilities and community
services programs.
Subd. 3. Correctional
Institutions
-0- 345,000
$345,000 is to fund the additional
employer contributions associated with
changes in the membership of the
correctional employees retirement plan.
The copayment required under Minnesota
Statutes, section 243.212, is $3 and
must be assessed each time medical,
dental, or mental health care services
are provided to an inmate at the
initiation of an inmate. The copayment
must be deducted from an inmate's
account of earnings and other funds as
provided under Minnesota Statutes,
section 243.23, subdivision 3. If the
funds in an inmate's account are
insufficient to pay a copayment
incurred, the copayment shall be a debt
against the account, and paid when
funds are available.
The commissioner shall develop a policy
to implement the smoking prohibition
under Minnesota Statutes, section
243.555. In developing the policy, the
commissioner shall meet and confer with
representatives of bargaining units to
address employee concerns including,
but not limited to, employee education
on the smoking prohibition, control of
tobacco and tobacco-related devices as
contraband, and employee discipline and
grievance procedures related to the
smoking prohibition.
The commissioner shall enter into a
contract with a nonprofit correctional
facility to house at least 200 inmates
at the facility by April 1, 1997, if
the cost does not exceed $55 per inmate
per day.
Subd. 4. Community Services
-0- 720,000
$95,000 is a one-time appropriation for
grants to aid in the establishment and
implementation of family group
conferencing programs in Dakota county
and the first judicial district.
$225,000 is a one-time appropriation to
establish and fund pilot programs to
provide intensive monitoring in the
community for juveniles who have
committed or who are at risk to commit
status offenses or juvenile acts. Not
more than $12,000 of this appropriation
may be used to prepare the required
report. This sum is available until
June 30, 1998.
$250,000 is a one-time appropriation to
fund a collaborative project for
at-risk juveniles to be established by
the southwest and west central service
cooperatives in the Willmar public
schools and community in collaboration
with the Willmar regional treatment
center.
$150,000 is to implement community
notification for sex offenders.
In fiscal year 1997, the commissioner
shall distribute money appropriated for
state and county probation officer
caseload reduction, increased
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.
$75,000 of the fiscal year 1997
probation caseload reduction
appropriation must be transferred to
the director of the office of strategic
and long-range planning to be used by
the criminal justice center for the
development of a weighted workload
study to be used as a basis of
distributing probation officer caseload
reduction funding across all three
probation delivery systems, based on
uniform workload standards and level of
risk of individual offenders. In
conducting this study, the center shall
consult with an advisory committee
appointed for this purpose by the
commissioner and consisting of
representatives of county
commissioners, county corrections
professionals, and the department of
corrections. The center also may
contract with national experts in the
fields of community corrections and
probation to conduct or assist in
conducting the study. The center shall
submit the study to the legislature by
February 1, 1997, and shall include in
it an addendum that summarizes the
response received from interested
community corrections agencies and
organizations. In fiscal year 1998 and
each subsequent year, subject to
legislative approval, the commissioner
shall distribute money appropriated for
state and county probation officer
caseload reduction according to this
weighted workload study.
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 possible measures of probation
officer travel time for inclusion in
the community corrections funding
formula defined in Minnesota Statutes,
section 401.10. The work group shall
complete its review by October 30,
1996, and shall present its
recommendations to the 1997 legislature.
Notwithstanding Minnesota Statutes,
section 401.10, in fiscal year 1997,
the commissioner shall allocate
$27,912,000 in community corrections
act base funding so that no county
receives less money in fiscal year 1997
than it received in fiscal year 1995.
All money received by the commissioner
of corrections pursuant to the domestic
abuse assessment fee under Minnesota
Statutes, section 609.2244, shall be
available for use by the commissioner
and is hereby appropriated annually to
the commissioner of corrections for
costs related to conducting the
assessments.
Subd. 5. Management Services
-0- 4,000
$4,000 is a one-time appropriation for
the international women's shelter in
Rochester, Minnesota for the purpose of
researching, preparing, and translating
into appropriate languages a brochure
on laws concerning violence against
women and children, including, but not
limited to, laws on domestic abuse,
child abuse, and female genital
mutilation.
Notwithstanding the provisions of Laws
1995, chapter 226, article 1, section
22, the funds appropriated under Laws
1995, chapter 226, article 1, 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 are
available.
The governor shall designate the
department of corrections as the state
agency authorized to receive and
administer any funds made available
through the STOP Violence Against Women
Formula and Discretionary Grants
Program of the United States Department
of Justice under Code of Federal
Regulations, title 28, chapter 1.
Subd. 6. Spending Cap
General fund spending by the department
of corrections is limited to
$614,000,000 in the biennium ending
June 30, 1999.
The commissioner of corrections shall
prepare and submit to the legislature
by December 1, 1996, a proposal on how
to limit the increase in general fund
appropriations to the department of
corrections from the 1996-1997 biennium
to the 1998-1999 biennium so as not to
exceed the spending cap. The
commissioner may also submit
alternative proposals to accomplish the
same goal. The proposal or proposals
must include the commissioner's
recommendations for changes in
administration, programming, staffing,
and community services.
Sec. 7. HUMAN SERVICES -0- 404,000
Summary by Fund
1996 1997
General -0- 350,000
Special -0- 54,000
$250,000 is a one-time appropriation
for grants under Minnesota Statutes,
section 256F.11. The grants must
assist private and public agencies and
organizations to provide crisis
nurseries to offer temporary care to
children who are abused or neglected,
or who are at high risk of abuse or
neglect; and children who are in
families receiving child protective
services.
$100,000 is a one-time appropriation
for the following purposes: (1)
$35,000 is for a grant to Hennepin
county to establish a
community-oriented chemical dependency
pilot project. This money is available
only upon approval by the governing
board of Hennepin county under
Minnesota Statutes, section 645.021;
and (2) $65,000 is for chemical
dependency services for the population
served by the pilot project. By May 1,
1997, the commissioner of human
services shall determine whether the
chemical dependency fund can absorb the
cost of the services provided to this
population. If the commissioner
determines that the cost can be
absorbed or if the additional cost does
not exceed $65,000, then the remaining
amount of this appropriation shall be
transferred to Hennepin county to be
used for the pilot project, upon
approval by its governing board under
Minnesota Statutes, section 645.021.
For the fiscal year ending June 30,
1997, $54,000 is appropriated from the
state government special revenue fund
to cover the costs of expanded criminal
background checks required by Minnesota
Statutes, sections 144.057 and 245A.04,
subdivision 3. The commissioner shall
charge fees to recover the cost of the
expanded background checks and shall
deposit the fees into the state
government special revenue fund.
Sec. 8. CHILDREN, FAMILIES,
AND LEARNING -0- 100,000
$100,000 is a one-time appropriation
for violence prevention education
grants under Minnesota Statutes,
section 126.78. One hundred percent of
this appropriation must be paid
according to the process established in
Minnesota Statutes, section 124.195,
subdivision 9. Up to five percent of
this appropriation may be used for
auditing, monitoring, and
administration of the programs funded
by this appropriation.
Sec. 9. HEALTH -0- 310,000
$250,000 is a one-time appropriation
for grants under Minnesota Statutes,
section 145A.15. The grants must fund
projects designed to prevent child
abuse and neglect and reduce juvenile
delinquency.
$30,000 is a one-time appropriation for
a grant to the institute for child and
adolescent sexual health for early age
treatment programs for those children
exhibiting sexual aggression who have
not been adjudicated delinquent.
"Early age" means an individual who is
at least eight years of age but less
than 11 years of age.
$30,000 is a one-time appropriation for
a grant to the institute for child and
adolescent sexual health to identify
and provide leadership in resolving
gaps and obstacles in the delivery of
services to those children affected by
sexual aggression by establishing a
recognized network between individuals
who work with sexual abusers, victims
of sexual aggression, and individuals
who provide prevention oriented
education including, but not limited
to, the following groups: corrections,
treatment facilities, the medical
community, schools, academia,
communities of faith, communities of
color, and other invested individuals,
families, and groups.
Sec. 10. ECONOMIC SECURITY -0- 580,000
$240,000 is a one-time appropriation
for grants to youth intervention
programs under Minnesota Statutes,
section 268.30. One-half of the
appropriation shall be used for grants
to programs operating within the
seven-county metropolitan area and
one-half of the appropriation shall be
used for programs operating outside of
the seven-county metropolitan area.
$340,000 is a one-time appropriation
for grants to cities of the first class
and counties containing cities of the
first class that demonstrate a need for
creating and expanding curfew
enforcement, truancy prevention, and
pretrial diversion programs. Programs
funded under this provision must have
clearly established neighborhood,
community, and family measures of
success and must report to the
commissioner on the achievement of
these outcomes on or before June 30,
1997.
Sec. 11. ADMINISTRATION -0- 350,000
$218,000 is to conduct a systemwide
evaluation of corrections in the state.
$132,000 is to retain a consultant to
evaluate the operation of prison
industries in the state.
Sec. 12. AUTOMOBILE THEFT
PREVENTION BOARD -0- 930,000
$930,000 from the special revenue fund
is for program administration and
vehicle theft prevention activities
under Minnesota Statutes, section
168A.40.
Sec. 13. ATTORNEY GENERAL -0- 340,000
$200,000 is for psychopathic
personality and sexually dangerous
person proceedings.
$140,000 is to implement community
notification for sex offenders.
ARTICLE 2
CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
Section 1. [168A.40] [AUTOMOBILE THEFT PREVENTION
PROGRAM.]
Subdivision 1. [BOARD MEMBERSHIP.] An automobile theft
prevention board consists of seven members appointed by the
governor and shall include representatives of law enforcement,
prosecuting attorneys, the department of public safety,
automobile insurers, and the public. The board shall annually
elect a chair from among its members. The board may employ
professional, technical, consulting, and clerical service
staff. The board is governed by section 15.0575 except that the
terms of the members are two years. The commissioner of public
safety shall provide office space and administrative support to
the board.
Subd. 2. [PROGRAM DUTIES.] The automobile theft prevention
board shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft,
improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for
those persons dealing with automobile theft;
(2) coordinate the development, adoption, and
implementation of plans, programs, and strategies relating to
interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) audit at its own discretion the plans and programs that
it has funded in whole or in part to evaluate the effectiveness
of the plans and programs, and withdraw funding should the board
determine that a plan or program is ineffective or is no longer
in need of further financial support from the fund;
(4) develop a plan of operation including an assessment of
the scope of the problem of automobile theft, including areas of
the state where the problem is greatest; an analysis of various
methods of combating the problem of automobile theft; a plan for
providing financial support to combat automobile theft; a plan
for eliminating car hijacking; and an estimate of the funds
required to implement the plan; and
(5) distribute money from the automobile theft prevention
special revenue account for automobile theft prevention
activities, including:
(i) paying the administrative costs of the board;
(ii) providing financial support to the state patrol and
local law enforcement agencies for automobile theft enforcement
teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the
incidence of automobile theft;
(iv) providing financial support to local prosecutors for
programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for
programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs
designed to reduce the incidence of automobile theft;
(vii) providing financial support for automobile theft
educational and training programs for state and local law
enforcement officials, driver and vehicle services exam and
inspections staff, and members of the judiciary; and
(viii) conducting educational programs designed to inform
automobile owners of methods of preventing automobile theft and
to provide equipment, for experimental purposes, to enable
automobile owners to prevent automobile theft.
By January 15 of each year, the board shall report to the
governor and legislature on its activities and expenditures in
the preceding year.
Subd. 3. [SURCHARGE.] Each insurer engaged in the writing
of policies of automobile insurance shall collect a surcharge,
at the rate of 50 cents per vehicle for every six months of
coverage, on each policy of automobile insurance providing
comprehensive insurance coverage issued or renewed in this
state. The surcharge may not be considered premium for any
purpose, including the computation of premium tax or agents'
commissions. The amount of the surcharge must be separately
stated on either a billing or policy declaration sent to an
insured. Insurers shall remit the revenue derived from this
surcharge at least quarterly to the board for purposes of the
automobile theft prevention program. For purposes of this
subdivision, "policy of automobile insurance" has the meaning
given it in section 65B.14, except that no vehicle with a gross
vehicle weight in excess of 10,000 pounds is included within
this definition.
Subd. 4. [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special
revenue account is created in the state treasury to be credited
with the proceeds of the surcharge imposed under subdivision 3.
Revenue in the account may be used only for the automobile theft
prevention program. The board may not spend in any fiscal year
more than ten percent of the money in the fund for its
administrative and operating costs.
Sec. 2. Minnesota Statutes 1994, section 268.30,
subdivision 2, is amended to read:
Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid
shall be made by the administering agency to the commissioner.
The grant-in-aid is contingent upon the agency having obtained
from the community in which the youth intervention program is
established local matching money two times the amount of the
grant that is sought.
The commissioner shall provide by rule the application
form, procedures for making application form, criteria for
review of the application, and kinds of contributions in
addition to cash that qualify as local matching money. No grant
to any agency shall may exceed $25,000 $50,000.
Sec. 3. [SAFE HOUSE PROGRAM IN FERGUS FALLS.]
Notwithstanding section 299A.28, another similar safe house
program, primarily focusing on the safety and protection of
children, may be developed and operate in the city of Fergus
Falls if the program members have completed a criminal
background check satisfactory to the Fergus Falls police
department. However, the commissioner of public safety is not
required to perform the duties listed under 299A.28, subdivision
2, with respect to the program in Fergus Falls and is not
accountable or liable for any act or failure to act by a member
of that program.
Sec. 4. Minnesota Statutes 1995 Supplement, section
299A.326, subdivision 1, is amended to read:
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.
Sec. 5. Minnesota Statutes 1994, section 299A.35, as
amended by Laws 1995, chapter 226, article 4, section 4, is
amended to read:
299A.35 [COMMUNITY CRIME REDUCTION PREVENTION PROGRAMS;
GRANTS.]
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 and prevention 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 community-based
programs designed to provide services for children aged 8 to 13
who are juvenile offenders or who are at risk of becoming
juvenile offenders. The programs must give priority to:
(i) juvenile restitution;
(ii) prearrest or pretrial diversion, including through
mediation;
(iii) probation innovation;
(iv) teen courts, community service; or
(v) post incarceration alternatives to assist youth in
returning to their communities;
(2) community-based programs designed to provide at-risk
children and youth aged 8 to 13 with after-school and summer
enrichment activities;
(3) community-based programs designed to discourage young
people from involvement in unlawful drug or street gang
activities such as neighborhood youth centers;
(3) (4) neighborhood block clubs and innovative
community-based crime watch prevention programs;
(4) (5) community- and school-based programs designed to
enrich the educational, cultural, or recreational opportunities
of at-risk elementary or secondary school age children and
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 community-based collaboratives that
coordinate multiple programs and funding sources to address the
needs of at-risk children and youth, including, but not limited
to, collaboratives that address the continuum of services for
juvenile offenders and those who are at risk of becoming
juvenile offenders;
(8) programs that are proven successful at increasing the
rate of graduation from secondary school and success or the rate
of post-secondary education attendance for high-risk students;
(9) community-based programs that provide services to
homeless youth; and
(10) programs designed to reduce truancy; and
(11) other community- and school-based crime prevention
programs that are innovative and encourage substantial
involvement by members of the community served by the program.
Subd. 2. [GRANT PROCEDURE.] A local unit of government or
a nonprofit community-based entity may apply for a grant by
submitting an application with the commissioner. The applicant
shall specify the following in its application:
(1) a description of each program for which funding is
sought;
(2) the amount of funding to be provided to the program
outcomes and performance indicators for the program;
(3) a description of the planning process that identifies
local community needs, surveys existing programs, provides for
coordination with existing programs, and involves all affected
sectors of the community;
(4) the geographical area to be served by the program;
(4) (5) statistical information as to the number of arrests
in the geographical area for violent crimes and for crimes
involving schedule I and II controlled substances. "Violent
crime" includes a violation of or an attempt or conspiracy to
violate any of the following laws: sections 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; or any provision of chapter 152 that is punishable by a
maximum sentence greater than ten years; and
(5) (6) the number of economically disadvantaged youth in
the geographical areas to be served by the program.
The commissioner shall give priority to funding
community-based collaboratives, programs that demonstrate
substantial involvement by members of the community served by
the program and programs that either serve the geographical
areas that have the highest crime rates, as measured by the data
supplied under clause (4), or serve geographical areas that have
the largest concentrations of economically disadvantaged youth.
The maximum amount that may be awarded to an applicant is
$50,000; except that if the applicant is a community-based
collaborative under subdivision 1, clause (7), the maximum
amount that can be awarded is $50,000 for each program
participating in the collaborative. Up to 2.5 percent of the
appropriation may be used by the commissioner to administer the
program.
Subd. 3. [REPORT.] An applicant that receives a grant
under this section shall provide the commissioner with a summary
of how the grant funds were spent and the extent to which the
objectives of the program were achieved. The commissioner shall
submit a written report to the children's cabinet and chairs of
the committees of the senate and house of representatives with
jurisdiction over criminal justice policy and funding of crime
prevention programs, by February 1 each year, based on the
information provided by applicants under this subdivision.
Sec. 6. [299A.62] [COMMUNITY-ORIENTED POLICING (COPS)
GRANT PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] A community-oriented
policing grant program is established under the administration
of the commissioner of public safety. Grants may be awarded as
provided in subdivision 2 for the following purposes:
(1) to enable local law enforcement agencies to hire law
enforcement officers. The grants must be used by law
enforcement agencies to increase the complement of officers in
the agency by paying the salaries of new officers who replace an
existing officer who has been reassigned primarily to
investigate and prevent juvenile crime or to perform
community-oriented policing duties; and
(2) to enable local law enforcement agencies to assign
overtime officers to high crime areas within their jurisdictions.
Subd. 2. [AWARDING GRANTS.] Grants under this section
shall be awarded by the commissioner of public safety. Before
any grants are awarded, a committee consisting of the attorney
general, and representatives from the Minnesota chiefs of police
association, the Minnesota sheriffs association, and the
Minnesota police and peace officers association, shall evaluate
the grant applications. Before grants are awarded, the
commissioner shall meet and consult with the committee
concerning its evaluation of and recommendations on grant
proposals. A grant under subdivision 1, clause (1), may be
awarded only to a law enforcement agency that demonstrates in
its application that it currently has a need for an additional
officer to be assigned to: (i) community-oriented policing
duties; or (ii) the investigation and prevention of juvenile
crime, based on the juvenile crime rate in the area over which
the agency has jurisdiction. More than one grant under
subdivision 1, clause (1), may be awarded to an agency; however,
each grant may fund only one position. At least 50 percent of
the grants awarded under subdivision 1, clause (1), must be
awarded to the cities of Minneapolis and St. Paul.
Subd. 3. [AMOUNT OF GRANTS TO HIRE OFFICERS.] A grant
awarded under subdivision 1, clause (1), must reimburse up to
150 percent of the entry level salary and benefits of a law
enforcement officer, not to exceed $75,000. However, the money
may not be used to pay for equipment or uniforms for the
officer. The grant is intended to be used for the salary of the
officer over a three-year period.
Subd. 4. [CONDITIONS OF GRANTS TO HIRE OFFICERS.] Grant
recipients who receive grants under subdivision 1, clause (1),
shall continue to employ a law enforcement officer hired with
money granted under this section for at least a three-year
period. If for any reason during the three-year period the
employment relationship ends, the agency shall hire an
additional officer so that the total number of officers employed
by the agency does not change. A law enforcement agency that
fails to comply with this subdivision shall reimburse the
commissioner as follows:
(1) if the failure occurs during the first year, the agency
shall reimburse the full amount of the grant;
(2) if the failure occurs during the second year, the
agency shall reimburse two-thirds of the grant; or
(3) if the failure occurs during the third year but prior
to the three-year anniversary of the officer's hiring, the
agency shall reimburse one-third of the grant.
The commissioner shall deposit the reimbursement in the state
treasury and credit it to the general fund.
Sec. 7. [299A.63] [WEED AND SEED GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established under the administration of the commissioner of
public safety to assist local communities in their efforts to
eradicate violent crime, illegal drug activity, and illegal gang
activity in targeted neighborhoods, and to revitalize these
targeted neighborhoods economically and physically.
Subd. 2. [AWARDING GRANTS.] The commissioner of public
safety shall act as fiscal agent for the grant program and shall
be responsible for receiving applications for grants and
awarding grants under this section. Before any grants are
awarded, a committee consisting of the attorney general, and
representatives from the Minnesota chiefs of police association,
the Minnesota sheriffs association, and the Minnesota police and
peace officers association, shall evaluate the grant
applications. Before grants are awarded, the commissioner shall
meet and consult with the committee concerning its evaluation of
and recommendations on grant proposals. At least 50 percent of
the grants awarded under this section must be awarded to the
cities of Minneapolis and St. Paul.
Subd. 3. [GRANT PROCESS.] (a) A city may apply for a grant
under this section by submitting an application to the
commissioner of public safety on a form prescribed by the
commissioner. The application shall:
(1) identify the neighborhood within the city that has been
proposed by the city's mayor as a targeted site;
(2) describe the problems to be corrected within the
targeted neighborhood and the strengths that make the targeted
neighborhood a suitable candidate for funding; and
(3) contain the city's plan for use of the grant funds.
This plan must:
(i) be prepared in consultation with residents of the
targeted neighborhood;
(ii) describe the specific law enforcement, community
policing, prevention, intervention, treatment, and neighborhood
revitalization activities that the city intends to undertake;
and
(iii) include a reporting and evaluation component.
(b) A city may apply for more than one grant under this
section; however, each grant may target only one neighborhood.
Subd. 4. [ATTORNEY GENERAL DUTIES.] (a) The attorney
general may assist cities and local law enforcement officials in
developing and implementing anticrime and neighborhood community
revitalization strategies and may assist local prosecutors in
prosecuting crimes occurring in the targeted neighborhoods that
receive funding under this section. Upon request of the local
prosecuting authority, the attorney general may appear in court
in those civil and criminal cases arising as a result of this
section that the attorney general deems appropriate. For the
purposes of this section, the attorney general may appear in
court in nuisance actions under Minnesota Statutes, chapter 617,
and misdemeanor prosecutions under Minnesota Statutes, chapter
609.
(b) The attorney general shall develop appropriate
applications to the United States Department of Justice for
federal weed and seed grants for use in conjunction with grants
awarded under this section.
Sec. 8. [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.]
(a) The commissioner of corrections shall establish at
least four pilot programs to provide intensive monitoring in the
community for juveniles who have committed or are at risk to
commit status offenses or delinquent acts. A juvenile need not
be adjudicated for an offense to be eligible for the program.
The pilot programs shall provide a work experience for qualified
upper division college and graduate students who are majoring in
relevant disciplines to supervise and monitor juveniles referred
to or placed in community corrections or court services
programs. Referrals to the program may be made by peace
officers, juvenile courts, and juvenile probation officers.
(b) The commissioner shall collaborate with appropriate
faculty members and administrators at the University of
Minnesota, the state universities, private colleges and
universities, community corrections agencies, and court services
agencies to establish general eligibility criteria for upper
division college and graduate students to participate in the
program and to specify the various ways by which students will
be compensated through their college or university for their
participation including, but not limited to, monetary
compensation tuition payments, and related mileage and parking
expenses. The compensation program shall allow for long-term
placements and corrections experiences for students who are
financially dependent on paid internships.
(c) The commissioner also shall collaborate with higher
education experts, community corrections agencies, court
services agencies, law enforcement agencies, and juvenile court
judges to:
(1) establish general eligibility criteria for juveniles to
be referred to or placed in the program;
(2) establish maximum caseloads for students, based on
their experience and knowledge and on the characteristics of the
juveniles to be supervised;
(3) specify the types of supervision and monitoring the
college students may be expected to provide to the juveniles;
and
(4) specify the manner in which the students' work and
performance measures will be monitored and evaluated by relevant
criminal justice and higher education professionals.
(d) At the end of the pilot programs, the commissioner of
corrections shall report findings and recommendations to the
chairs of the house and senate committees with jurisdiction over
criminal justice and higher education issues.
Sec. 9. [PILOT PROJECT FOR FAMILY GROUP CONFERENCING IN
DAKOTA COUNTY.]
Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1,
1996, the commissioner of corrections shall establish a pilot
project in Dakota county to provide assistance to counties,
school districts, and cities in the first judicial district in
establishing family group conferencing programs. The pilot
project must be administered by a coordinator responsible for
supervising and implementing the project. The coordinator shall
cooperate with and provide necessary assistance and training to
county attorneys, local law enforcement agencies, school
districts, and community groups in establishing family group
conferencing programs under subdivision 2.
Subd. 2. [FAMILY GROUP CONFERENCING PROGRAMS.] A county
attorney, school district, or city in the first judicial
district, in consultation with the coordinator and local law
enforcement agencies, may establish a family group conferencing
program. The program may provide forums where, as an
alternative to prosecution, certain individuals accused of
having committed crimes meet with the victim or victims of the
alleged crime; family members of the victim or victims, if
appropriate; family members of the offender, if appropriate; a
law enforcement official or prosecutor; and members of the
community. An individual properly trained in moderating a
family group conference shall act as moderator of the
conference. The conference must focus on the impact of the
offense on the victim and the community and assign an
appropriate sanction to the offender. An appropriate sanction
may include reparation to the victim or community, specified
community service, or other sanction agreed upon during the
conference.
Subd. 3. [CONFERENCE PARAMETERS.] A county or city
attorney, in consultation with the coordinator and local law
enforcement agencies, shall establish parameters for the
conferences. The parameters must specify the types of offenders
and offenses eligible for the conferences and the nature and
goals of the conferences. Only certain offenders deemed
appropriate by the county attorney are eligible for the
conferences. Decisions on eligibility shall be based on the
criminal history of the offender, the nature of the offense, the
danger posed by the offender to the victim and the community,
and the best interests of the victim and community.
Participation in the conference is voluntary, no offender or
victim may be required to participate in a conference. A
decision to prosecute an offender who has refused to participate
in a conference may not be considered in determining the
voluntariness of an offender's decision to participate.
A prosecutor who offers an offender the opportunity to
participate in a conference retains the authority to prosecute
the offender if the offender refuses to participate in the
conference, chooses not to complete the conference, or fails to
comply with sanctions imposed at the conference.
Subd. 4. [GRANTS AUTHORIZED.] The commissioner of
corrections, in consultation with the coordinator, may award
grants to aid in the establishment and implementation of family
group conferencing programs in the first judicial district. The
commissioner shall establish the criteria and procedure for the
grants and shall require that any entity awarded a grant to
establish a program have clearly established neighborhood,
community, and family measures of success of the program and
report to the commissioner on the achievement of these outcomes
on or before December 31, 1998.
Subd. 5. [REPORT REQUIRED.] By January 15, 1999, the
commissioner of corrections shall report to the chairs of the
senate and house of representatives committees having
jurisdiction over criminal justice policy on the effectiveness
of the pilot project and any family group conferencing programs
created under this section and the awarding of grants, if any,
under subdivision 4.
Sec. 10. [ADVERTISING CAMPAIGN.]
The commissioner of public safety is authorized to contract
with an advertising firm for a public advertising campaign
designed to reduce violence and counteract the effect of
violence in the media. The contracts for advertising must
include provisions for evaluating the effectiveness of the
campaign.
Sec. 11. [COMMUNITY-ORIENTED CHEMICAL DEPENDENCY PILOT
PROJECT.]
Subdivision 1. [PILOT PROJECT ESTABLISHED.] Hennepin
county, in conjunction with local neighborhoods, shall establish
a community-oriented chemical dependency pilot project. The
project must take a comprehensive public health approach to the
problem of chemical dependency, including the problems
associated with cocaine, as it impacts certain neighborhoods.
Subd. 2. [OUTREACH AND ASSESSMENT.] The pilot project must
include a street outreach and assessment program that is
coordinated with health workers, community policing teams, and
neighborhood crime prevention units. The assessments must be
conducted in accordance with the provisions that apply to
chemical dependency care for public assistance recipients under
rules promulgated by the commissioner of human services, except
that the requirements of the compliance provisions that apply to
an assessor under contract with a county that has a shared
financial interest with a treatment provider does not apply to
this pilot project. The assessor shall make a recommendation as
to the duration and method of treatment.
Subd. 3. [CHEMICAL DEPENDENCY TREATMENT.] The pilot
project must include efforts to direct persons into appropriate
chemical dependency treatment using the criteria that apply to
chemical dependency care for public assistance recipients under
rules promulgated by the commissioner of human services. The
project may require that all participating third-party payors,
including medical assistance, accept the assessment conducted
under subdivision 2 and accept the duration and method of
treatment recommended by the assessor. The pilot project must
include all measures to ensure that culturally appropriate
treatment programs are utilized. The pilot project must include
efforts to address the other needs of persons undergoing
treatment that may interfere with their ability to receive
effective treatment, including housing, child care, and
referrals to the maternal child substance abuse project as
appropriate.
Subd. 4. [AFTERCARE PROGRAM.] The pilot project must
include an aftercare program, with home-based services and
assistance with education, jobs, child care, transportation, and
housing.
Subd. 5. [COORDINATION WITH DRUG COURT.] The pilot project
must seek to coordinate efforts with the drug court initiatives
being undertaken in Hennepin county.
Subd. 6. [EXPEDITED PROCESS.] The pilot project must work
with appropriate law enforcement officials to expedite the
process of getting persons into appropriate chemical dependency
treatment.
Subd. 7. [CRITERIA FOR PARTICIPATION.] Hennepin county
shall establish the criteria for determining the neighborhoods
eligible to participate in the pilot project. Hennepin county
shall consider factors in the neighborhood including crime
reports, the number of repeat arrests, the number of arrests for
narcotics laws violations, the number of drug-related homicides
and violent crimes, the presence of community crime prevention
block clubs, and the ability to work with the county.
Subd. 8. [FUNDING FOR TREATMENT.] A person participating
in the pilot project under this section who requires chemical
dependency treatment shall utilize reimbursement from any health
coverage the person has. If the person does not have health
coverage, the person shall be funded under Minnesota Statutes,
chapter 254B, if eligible.
Subd. 9. [STATE-MANAGED CARE PROGRAMS.] (a) This section
does not change eligibility requirements, payment rates, covered
services, or administrative requirements for health plans under
the prepaid medical assistance program and the MinnesotaCare
managed care program, except that health plans must accept the
assessor's recommendation regarding the need for treatment and
the appropriate type and duration of treatment if the assessment
was performed in compliance with the rules specified in
subdivision 2. The assessor shall notify a health plan of the
results of each assessment performed for a person covered by the
health plan. The independent evaluation required under
subdivision 10 must include an evaluation of the impact of the
project on the costs incurred by each prepaid health plan
participating in state health care programs. The evaluation
must be based on reports submitted by prepaid health plans and
other information obtained by the evaluator.
(b) If the commissioner of human services determines that a
prepaid health plan incurred higher costs for a covered person
served under the pilot project that are due to additional
services that would not otherwise be covered under the prepaid
medical assistance program, the commissioner of human services
shall reimburse the prepaid health plan for the additional costs
within 120 days after the conclusion of the pilot project.
Subd. 10. [EVALUATION.] The pilot project must include an
independent evaluation of the effectiveness of the program
established under the project. The evaluation must examine the
effectiveness of the outreach and assessment procedures, the
effectiveness of treatment methods including the impact on
recidivism rates, the costs of treatment and other services
provided, the impact on prepaid health plans serving public
programs, a comparison of the methods used in the pilot project
to other approaches to serving the target population, and other
relevant matters.
Subd. 11. [REPORT.] By July 1, 1997, Hennepin county shall
report to the chairs of the senate and house of representatives
committees having jurisdiction over health and criminal justice
policies on the status of the pilot project. The report must be
compiled from information submitted by the neighborhoods
participating in the pilot project. The report must include
recommendations on whether some of the appropriations for the
pilot project should be directed to the drug court being
developed in Hennepin or other counties.
Sec. 12. [GRANT PROGRAMS AUDITED.]
The legislative audit commission is requested to direct the
legislative auditor to analyze and report on grant programs
administered by the departments of corrections; economic
security; human services; public safety; health; children,
families, and learning; and the office of strategic and
long-range planning. The report must:
(1) describe each grant program contained in statute or
session law;
(2) list the appropriations to the programs over the past
five years and specify whether the appropriation was included in
the department's base or was a separate appropriation;
(3) specify the percentages of each program's total
appropriation used for actual grants compared with
administrative expenses; and
(4) analyze the amount of duplication in the various grant
programs.
If the commission directs the auditor to conduct this
evaluation, the auditor shall report to the chairs of the senate
and house of representatives committees having jurisdiction over
criminal justice funding by February 15, 1997.
Sec. 13. [AUTHORIZATION FOR THE MARTIN LUTHER KING, JR.
NONVIOLENT INSTITUTIONAL CHILD DEVELOPMENT PILOT PROGRAM.]
(a) The council on Black Minnesotans shall proceed with the
planning, designing, and implementation of the Martin Luther
King, Jr. nonviolent institutional child development pilot
program which must provide:
(1) multi-institutional interdisciplinary community
violence prevention programs; and
(2) multi-institutional interdisciplinary intervention
programs.
(b) The pilot program may provide service to the following
institutions:
(1) elementary and secondary schools;
(2) social service programs and agencies;
(3) youth programs and services;
(4) juvenile delinquency programs;
(5) residential treatment facilities;
(6) foster homes;
(7) law enforcement agencies;
(8) medical centers;
(9) mental health programs; and
(10) religious outreach programs.
(c) The program may include:
(1) development and implementation of each participating
institution's long-range community violence prevention plan for
school-age children;
(2) development and implementation of each participating
institution's community violence intervention plan for children
affected by violence in the community;
(3) identification and implementation of each participating
institution's training and staffing needs;
(4) development and implementation of a network among
participating institutions to coordinate services, share
information, and develop common strategies for violence
prevention and intervention; and
(5) funding for participating institution's violence
prevention and intervention programs.
(d) The pilot program must be evaluated based on outcome
evaluation criteria determined by the commissioner of public
safety, in consultation with the executive director of the
council on Black Minnesotans and a community-based advisory
council before implementation of the program.
(e) The pilot program must start by January 2, 1997.
(f) The pilot program must be completed by the council on
Black Minnesotans by July 1, 1998, and presented to the
commissioners of human services, public safety, corrections, and
children, families, and learning.
(g) Government data on individuals that is maintained under
the program are confidential data on individuals as defined in
Minnesota Statutes, section 13.02, subdivision 3, but may be
shared among institutions participating in the program for
purposes of providing services under the program.
Sec. 14. [INITIAL TERMS.]
Notwithstanding section 1, subdivision 1, in making the
initial appointments to the automobile theft prevention board
established by that subdivision, the governor shall appoint four
members to two-year terms and three members to one-year terms.
Sec. 15. [COMMENCEMENT OF SURCHARGE.]
Each insurer governed by section 1, subdivision 3, shall
begin to collect and remit the surcharge required by that
subdivision on January 1, 1997.
Sec. 16. [REPEALER.]
(a) Minnesota Statutes 1994, section 299A.60, is repealed.
(b) Section 1 is repealed January 1, 2002.
Sec. 17. [EFFECTIVE DATE.]
Section 13 is effective the day following final enactment.
ARTICLE 3
GENERAL CRIME PROVISIONS
Section 1. Minnesota Statutes 1994, section 169.09,
subdivision 14, is amended to read:
Subd. 14. [PENALTIES.] (a) The driver of any vehicle who
violates subdivision 1 or 6 and who caused the accident is
punishable as follows:
(1) if the accident results in the death of any person, the
driver 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;
(2) if the accident results in great bodily harm to any
person, as defined in section 609.02, subdivision 8, the driver
is guilty of a felony and may be sentenced to imprisonment for
not more than five years, or to payment of a fine of not more
than $10,000, or both; or
(3) if the accident results in substantial bodily harm to
any person, as defined in section 609.02, subdivision 7a, the
driver is guilty of a felony and may be sentenced to
imprisonment for not more than three years, or to payment of a
fine of not more than $5,000, or both.
(b) The driver of any vehicle who violates subdivision 1 or
6 and who did not cause the accident is punishable as follows:
(1) if the accident results in the death of any person, the
driver is guilty of a felony and may be sentenced to
imprisonment for not more than three years, or to payment of a
fine of not more than $5,000, or both;
(2) if the accident results in great bodily harm to any
person, as defined in section 609.02, subdivision 8, the driver
is guilty of a felony and may be sentenced to imprisonment for
not more than two years, or to payment of a fine of not more
than $4,000, or both; or
(3) if the accident results in substantial bodily harm to
any person, as defined in section 609.02, subdivision 7a, the
driver may be sentenced to imprisonment for not more than one
year, or to payment of a fine of not more than $3,000, or both.
(c) (b) The driver of any vehicle involved in an accident
not resulting in substantial bodily harm or death who violates
subdivision 1 or 6 may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(d) (c) Any person who violates subdivision 2, 3, 4, 5, 7,
8, 10, 11, or 12 is guilty of a misdemeanor.
The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
Sec. 2. Minnesota Statutes 1994, section 169.791,
subdivision 2a, is amended to read:
Subd. 2a. [LATER PRODUCTION OF PROOF BY DRIVER WHO IS
OWNER.] A driver who is the owner of the vehicle may, within ten
days after the demand no later than the date and time specified
in the citation for the driver's first court appearance, produce
proof of insurance stating that security had been provided for
the vehicle that was being operated at the time of the demand to
the court administrator. The required proof of insurance may be
sent by mail by the driver as long as it is received within ten
days no later than the date and time specified in the citation
for the driver's first court appearance. If a citation is
issued, no person shall be convicted of violating this section
if the court administrator receives the required proof of
insurance within ten days of the issuance of the citation no
later than the date and time specified in the citation for the
driver's first court appearance. If the charge is made other
than by citation, no person shall be convicted of violating this
section if the person presents the required proof of insurance
at the person's first court appearance after the charge is made.
Sec. 3. Minnesota Statutes 1994, section 169.791,
subdivision 3, is amended to read:
Subd. 3. [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS
NOT OWNER.] If the driver is not the owner of the vehicle, the
driver shall, within ten days of the officer's demand no later
than the date and time specified in the citation for the
driver's first court appearance, provide the district court
administrator with proof of insurance or the name and address of
the owner. Upon receipt of the name and address of the owner,
the district court administrator shall communicate the
information to the law enforcement agency.
Sec. 4. Minnesota Statutes 1994, section 169.791,
subdivision 4, is amended to read:
Subd. 4. [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the
driver is not the owner of the vehicle, the officer may send or
provide a notice to the owner of the vehicle requiring the owner
to produce proof of insurance for the vehicle that was being
operated at the time of the demand. Notice by mail is presumed
to be received five days after mailing and shall be sent to the
owner's current address or the address listed on the owner's
driver's license. Within ten days after receipt of the notice,
the owner shall produce the required proof of insurance to the
place stated in the notice received by the owner. The required
proof of insurance may be sent by mail by the owner as long as
it is received within ten days. Any owner who fails to produce
proof of insurance within ten days of an officer's request under
this subdivision is guilty of a misdemeanor. The peace officer
may mail the citation to the owner's current address or address
stated on the owner's driver's license. It is an affirmative
defense to a charge against the owner that the driver used the
owner's vehicle without consent, if insurance would not have
been required in the absence of the unauthorized use by the
driver. It is not a defense that a person failed to notify the
department of public safety of a change of name or address as
required under section 171.11. The citation may be sent after
the ten-day period.
Sec. 5. Minnesota Statutes 1994, section 169.792,
subdivision 1, is amended to read:
Subdivision 1. [IMPLIED CONSENT.] Any driver or owner of a
vehicle consents, subject to the provisions of this section and
section 169.791, to the requirement of having possession of
proof of insurance, and to the revocation of the person's
license if the driver or owner does not produce the required
proof of insurance within ten days of an officer's demand no
later than the date and time specified in the citation for the
driver's first court appearance, if a citation is issued, or
within ten days of receipt of a written notice, if a written
notice is sent or given. Any driver of a vehicle who is not the
owner of the vehicle consents, subject to the provisions of this
section and section 169.791, to providing to the officer the
name and address of the owner of the vehicle.
Sec. 6. Minnesota Statutes 1994, section 169.792,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.]
Except as provided in subdivision 3, every driver of a vehicle
shall, within ten days after upon the demand of a peace officer,
produce proof of insurance in force for the vehicle that was
being operated at the time of the demand, to the district court
administrator no later than the date and time specified in the
citation for the driver's first court appearance. The required
proof of insurance may be sent by the driver by mail as long as
it is received within ten days no later than the date and time
specified in the citation for the driver's first court
appearance. A driver who is not the owner does not violate this
section unless the driver knew or had reason to know that the
owner did not have proof of insurance required by this section,
provided that the driver provides the officer with the owner's
name and address at the time of the demand or complies with
subdivision 3.
Sec. 7. Minnesota Statutes 1994, section 169.792,
subdivision 3, is amended to read:
Subd. 3. [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the
driver is not the owner of the vehicle, then the driver shall
provide the officer with the name and address of the owner at
the time of the demand or shall within ten days of the officer's
demand, no later than the date and time specified in the
citation for the driver's first court appearance, provide the
district court administrator with proof of insurance or the name
and address of the owner. Upon receipt of the owner's name and
address, the district court administrator shall forward the
information to the law enforcement agency. If the name and
address received from the driver do not match information
available to the district court administrator, the district
court administrator shall notify the law enforcement agency of
the discrepancy.
Sec. 8. Minnesota Statutes 1994, section 169.792,
subdivision 5, is amended to read:
Subd. 5. [WRITTEN NOTICE.] (a) When proof of insurance is
demanded and none is in possession, the law enforcement agency
may send or give the driver written notice as provided herein in
this subdivision, unless the officer issues a citation to the
driver under section 169.791 or 169.797. If the driver is not
the owner and does not produce the required proof of insurance
within ten days of the demand, the law enforcement agency may
send or give written notice to the owner of the vehicle.
(b) Within ten days after receipt of the notice, if given,
the driver or owner shall produce the required proof of
insurance to the place stated in the notice. Notice to the
driver or owner by mail is presumed to be received within five
days after mailing. It is not a defense that a person failed to
notify the department of public safety of a change of name or
address as required under section 171.11.
(c) The department of public safety shall prescribe a form
setting forth the written notice to be provided to the driver or
owner. The department shall, upon request, provide a sample of
the form to any law enforcement agency. The notice shall
provide that the driver or owner must produce the proof of
insurance to the law enforcement agency, at the place specified
in the notice. The notice shall also state:
(1) that Minnesota law requires every driver and owner to
produce an insurance identification card, insurance policy, or
written statement indicating that the vehicle had insurance at
the time of an officer's demand within ten days of the demand,
no later than the date and time specified in the citation for
the driver's first court appearance, if a citation is issued, or
within ten days of receipt of the written notice if a written
notice is sent or given, provided, however, that a driver who
does not own the vehicle shall provide the name and address of
the owner;
(2) that if the driver fails to produce the information
within ten days from the date of demand the required time or if
the owner fails to produce the information within ten days of
receipt of the notice from the peace officer, the commissioner
of public safety shall revoke the person's driver's license or
permit to drive for a minimum of 30 days, and shall revoke the
registration of the vehicle;
(3) that any person who displays or causes another to
display an insurance identification card, insurance policy, or
written statement, knowing that the insurance is not in force,
is guilty of a misdemeanor; and
(4) that any person who alters or makes a fictitious
identification card, insurance policy, or written statement, or
knowingly displays an altered or fictitious identification card,
insurance policy, or written statement, is guilty of a
misdemeanor.
Sec. 9. Minnesota Statutes 1994, section 169.792,
subdivision 6, is amended to read:
Subd. 6. [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a
driver fails to produce the required proof of insurance or name
and address of the owner within ten days of the demand no later
than the date and time specified in the citation for the
driver's first court appearance, the district court
administrator shall report the failure to the commissioner. If
an owner who is not the driver fails to produce the required
proof of insurance, or if a driver to whom a citation has not
been issued does not provide proof of insurance or the owner's
name and address, within ten days of receipt of the notice, the
law enforcement agency shall report the failure to the
commissioner. Failure to produce proof of insurance or the
owner's name and address as required by this section must be
reported to the commissioner promptly regardless of the status
or disposition of any related criminal charges.
Sec. 10. [171.174] [REVOCATION; FLEEING PEACE OFFICER
OFFENSE.]
The commissioner of public safety shall revoke the driver's
license of a person upon receipt of a certificate of conviction
showing that the person has in a motor vehicle violated section
609.487, subdivision 3 or 4, or an ordinance in conformity with
those subdivisions. The commissioner shall revoke the driver's
license as follows:
(1) for the first offense under section 609.487,
subdivision 3, for not less than one year;
(2) for the second offense or subsequent offenses under
section 609.487, subdivision 3, for not less than three years;
(3) for an offense under section 609.487, subdivision 4,
clause (a), for not less than ten years;
(4) for an offense under section 609.487, subdivision 4,
clause (b), for not less than seven years; and
(5) for an offense under section 609.487, subdivision 4,
clause (c), for not less than five years.
A limited license under section 171.30 may not be issued
for one-half of the revocation period specified in clauses (1)
to (5) and after that period is over only upon and as
recommended by the adjudicating court.
Sec. 11. Minnesota Statutes 1994, section 244.09,
subdivision 5, is amended to read:
Subd. 5. The commission shall, on or before January 1,
1980, promulgate sentencing guidelines for the district court.
The guidelines shall be based on reasonable offense and offender
characteristics. The guidelines promulgated by the commission
shall be advisory to the district court and shall establish:
(1) The circumstances under which imprisonment of an
offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom
imprisonment is proper, based on each appropriate combination of
reasonable offense and offender characteristics. The guidelines
may provide for an increase or decrease of up to 15 percent in
the presumptive, fixed sentence.
The sentencing guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.
In establishing and modifying the sentencing guidelines,
the primary consideration of the commission shall be public
safety. The commission shall also consider current sentencing
and release practices and; correctional resources, including but
not limited to the capacities of local and state correctional
facilities; and the long-term negative impact of the crime on
the community.
The provisions of sections 14.001 to 14.69 do not apply to
the promulgation of the sentencing guidelines, and the
sentencing guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, on or
before January 1, 1986, the commission shall adopt rules
pursuant to sections 14.001 to 14.69 which establish procedures
for the promulgation of the sentencing guidelines, including
procedures for the promulgation of severity levels and criminal
history scores, and these rules shall be subject to review by
the legislative commission to review administrative rules.
Sec. 12. Minnesota Statutes 1994, section 609.06, is
amended to read:
609.06 [AUTHORIZED USE OF FORCE.]
Subdivision 1. [WHEN AUTHORIZED.] Except as otherwise
provided in subdivision 2, reasonable force may be used upon or
toward the person of another without the other's consent when
the following circumstances exist or the actor reasonably
believes them to exist:
(1) when used by a public officer or one assisting a public
officer under the public officer's direction:
(a) in effecting a lawful arrest; or
(b) in the execution of legal process; or
(c) in enforcing an order of the court; or
(d) in executing any other duty imposed upon the public
officer by law; or
(2) when used by a person not a public officer in arresting
another in the cases and in the manner provided by law and
delivering the other to an officer competent to receive the
other into custody; or
(3) when used by any person in resisting or aiding another
to resist an offense against the person; or
(4) when used by any person in lawful possession of real or
personal property, or by another assisting the person in lawful
possession, in resisting a trespass upon or other unlawful
interference with such property; or
(5) when used by any person to prevent the escape, or to
retake following the escape, of a person lawfully held on a
charge or conviction of a crime; or
(6) when used by a parent, guardian, teacher or other
lawful custodian of a child or pupil, in the exercise of lawful
authority, to restrain or correct such child or pupil; or
(7) when used by a school employee or school bus driver, in
the exercise of lawful authority, to restrain a child or pupil,
or to prevent bodily harm or death to another; or
(8) when used by a common carrier in expelling a passenger
who refuses to obey a lawful requirement for the conduct of
passengers and reasonable care is exercised with regard to the
passenger's personal safety; or
(9) when used to restrain a mentally ill or mentally
defective person from self-injury or injury to another or when
used by one with authority to do so to compel compliance with
reasonable requirements for the person's control, conduct or
treatment; or
(10) when used by a public or private institution providing
custody or treatment against one lawfully committed to it to
compel compliance with reasonable requirements for the control,
conduct or treatment of the committed person.
Subd. 2. [DEADLY FORCE USED AGAINST PEACE
OFFICERS.] Deadly force may not be used against peace officers
who have announced their presence and are performing official
duties at a location where a person is committing a crime or an
act that would be a crime if committed by an adult.
Sec. 13. Minnesota Statutes 1995 Supplement, section
609.20, is amended to read:
609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of manslaughter
in the first degree and may be sentenced to imprisonment for not
more than 15 years or to payment of a fine of not more than
$30,000, or both:
(1) intentionally causes the death of another person in the
heat of passion provoked by such words or acts of another as
would provoke a person of ordinary self-control under like
circumstances, provided that the crying of a child does not
constitute provocation;
(2) violates section 609.224 and causes the death of
another or causes the death of another in committing or
attempting to commit a misdemeanor or gross misdemeanor offense
with such force and violence that death of or great bodily harm
to any person was reasonably foreseeable, and murder in the
first or second degree was not committed thereby;
(3) intentionally causes the death of another person
because the actor is coerced by threats made by someone other
than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the
only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent
to cause death by, directly or indirectly, unlawfully selling,
giving away, bartering, delivering, exchanging, distributing, or
administering a controlled substance classified in schedule III,
IV, or V; or
(5) causes the death of another in committing or attempting
to commit a violation of section 609.377 (malicious punishment
of a child), and murder in the first, second, or third degree is
not committed thereby.
As used in this section, a "person of ordinary self-control"
does not include a person under the influence of intoxicants or
a controlled substance.
Sec. 14. Minnesota Statutes 1994, section 609.21,
subdivision 1, is amended to read:
Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] Whoever
causes the death of a human being not constituting murder or
manslaughter as a result of operating a motor vehicle,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving,; or
(5) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6,
is guilty of criminal vehicular homicide resulting in death 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.
Sec. 15. Minnesota Statutes 1994, section 609.21,
subdivision 2, is amended to read:
Subd. 2. [RESULTING IN GREAT BODILY HARM.] Whoever causes
great bodily harm to another, not constituting attempted murder
or assault, as a result of operating a motor vehicle,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving,; or
(5) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6,
is guilty of criminal vehicular operation resulting in great
bodily harm and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both.
Sec. 16. Minnesota Statutes 1994, section 609.21,
subdivision 2a, is amended to read:
Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever
causes substantial bodily harm to another, as a result of
operating a motor vehicle,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving,; or
(5) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6,
is guilty of criminal vehicular operation resulting in
substantial bodily harm and may be sentenced to imprisonment for
not more than three years or to payment of a fine of not more
than $10,000, or both.
Sec. 17. Minnesota Statutes 1994, section 609.21,
subdivision 3, is amended to read:
Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever
causes the death of an unborn child as a result of operating a
motor vehicle,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving,; or
(5) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6,
is guilty of criminal vehicular operation resulting in death to
an unborn child 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. A prosecution for or conviction of a crime
under this subdivision is not a bar to conviction of or
punishment for any other crime committed by the defendant as
part of the same conduct.
Sec. 18. Minnesota Statutes 1994, section 609.21,
subdivision 4, is amended to read:
Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever
causes great bodily harm to an unborn child who is subsequently
born alive, as a result of operating a motor vehicle,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements;
(3) while having an alcohol concentration of 0.10 or more;
or
(4) while having an alcohol concentration of 0.10 or more,
as measured within two hours of the time of driving,; or
(5) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09,
subdivision 1 or 6,
is guilty of criminal vehicular operation resulting in injury to
an unborn child and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than
$10,000, or both. A prosecution for or conviction of a crime
under this subdivision is not a bar to conviction of or
punishment for any other crime committed by the defendant as
part of the same conduct.
Sec. 19. Minnesota Statutes 1994, section 609.2231,
subdivision 2, is amended to read:
Subd. 2. [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.]
Whoever assaults any of the following persons and inflicts
demonstrable bodily harm is guilty of a gross misdemeanor felony
and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both:
(1) a member of a municipal or volunteer fire department or
emergency medical services personnel unit in the performance of
the member's duties; or
(2) a physician, nurse, or other person providing health
care services in a hospital emergency department; or
(3) an employee of the department of natural resources who
is engaged in forest fire activities.
Sec. 20. Minnesota Statutes 1994, section 609.2231, is
amended by adding a subdivision to read:
Subd. 2a. [CERTAIN DEPARTMENT OF NATURAL RESOURCES
EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily
harm on an employee of the department of natural resources who
is engaged in forest fire activities is guilty of a gross
misdemeanor.
Sec. 21. Minnesota Statutes 1995 Supplement, section
609.224, subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim during the
time period between a previous conviction under this section,
sections 609.221 to 609.2231, 609.2242, 609.342 to 609.345, or
609.713, or any similar law of another state, and the end of the
five years following discharge from sentence for that
conviction, is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within
two years of a previous conviction under this section or
sections 609.221 to 609.2231, 609.2242, or 609.713 is guilty of
a gross misdemeanor and may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than
$3,000, or both.
(c) A caregiver, as defined in section 609.232, who is an
individual and who violates the provisions of subdivision 1
against a vulnerable adult, as defined in section 609.232, is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
Sec. 22. Minnesota Statutes 1994, section 609.224,
subdivision 4, is amended to read:
Subd. 4. [FELONY.] (a) Whoever violates the provisions of
subdivision 1 against the same victim during the time period
between the first of two or more previous convictions under this
section or sections 609.221 to 609.2231, 609.2242, 609.342 to
609.345, or 609.713, and the end of the five years following
discharge from sentence for that conviction is guilty of a
felony and may be sentenced to imprisonment for not more than
five years or payment of a fine of not more than $10,000, or
both.
(b) Whoever violates the provisions of subdivision 1 within
three years of the first of two or more previous convictions
under this section or sections 609.221 to 609.2231, 609.2242, or
609.713 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Sec. 23. [609.2243] [SENTENCING; REPEAT DOMESTIC ASSAULT.]
Subdivision 1. [GROSS MISDEMEANOR.] A person convicted of
gross misdemeanor domestic assault under section 609.2242,
subdivision 2, shall be sentenced to a minimum of 20 days
imprisonment, at least 96 hours of which must be served
consecutively. The court may stay execution of the minimum
sentence required under this subdivision on the condition that
the person sentenced complete anger therapy or counseling and
fulfill any other condition, as ordered by the court; provided,
however, that the court shall revoke the stay of execution and
direct the person to be taken into immediate custody if it
appears that the person failed to attend or complete the ordered
therapy or counseling, or violated any other condition of the
stay of execution. If the court finds at the revocation hearing
required under section 609.14, subdivision 2, that the person
failed to attend or complete the ordered therapy, or violated
any other condition of the stay of execution, the court shall
order execution of the sentence previously imposed.
Subd. 2. [FELONY.] (a) Except as otherwise provided in
paragraph (b), in determining an appropriate disposition for
felony domestic assault under section 609.2242, subdivision 4,
the court shall presume that a stay of execution with at least a
45-day period of incarceration as a condition of probation shall
be imposed. If the court imposes a stay of execution with a
period of incarceration as a condition of probation, at least 15
days must be served consecutively.
(b) If the defendant's criminal history score, determined
according to the sentencing guidelines, indicates a presumptive
executed sentence, that sentence shall be imposed unless the
court departs from the sentencing guidelines pursuant to section
244.10. A stay of imposition of sentence under this paragraph
may be granted only if accompanied by a statement on the record
of the reasons for it.
Sec. 24. [609.2244] [DOMESTIC ABUSE ASSESSMENTS.]
Subdivision 1. [DOMESTIC ABUSE ASSESSMENT.] A domestic
abuse assessment must be conducted and an assessment report
submitted to the court by the county agency responsible for
administering the assessment when:
(1) a defendant is convicted of an offense described in
section 518B.01, subdivision 2; or
(2) a defendant is arrested for committing an offense
described in section 518B.01, subdivision 2, but is convicted of
another offense arising out of the same circumstances
surrounding the arrest.
Subd. 2. [REPORT.] (a) The assessment report must contain
an evaluation of the convicted defendant including the
circumstances of the offense, impact on the victim, the
defendant's prior record, characteristics and history of alcohol
and chemical use problems, and amenability to domestic abuse
counseling programs. The report is classified as private data
on individuals as defined in section 13.02, subdivision 12.
(b) The assessment report must include:
(1) a recommendation on any limitations on contact with the
victim;
(2) a recommendation for the defendant to enter and
successfully complete domestic abuse counseling and any
aftercare found necessary by the assessment;
(3) a recommendation for chemical dependency evaluation and
treatment as determined by the evaluation whenever alcohol or
drugs were found to be a contributing factor to the offense;
(4) recommendations for other appropriate remedial action
or care, which may consist of educational programs, one-on-one
counseling, a program or type of treatment that addresses mental
health concerns, or a specific explanation why no level of care
or action is recommended; and
(5) consequences for failure to abide by conditions set up
by the court.
Subd. 3. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME
LIMITS.] A domestic abuse assessment required by this section
must be conducted by an assessor approved by the court, the
local corrections department, or the commissioner of
corrections. The assessor shall have access to any police
reports, or other law enforcement data relating to the current
offense or previous offenses that are necessary to complete the
evaluation. An assessor providing an assessment under this
section may not have any direct or shared financial interest or
referral relationship resulting in shared financial gain with a
treatment provider. An appointment for the defendant to undergo
the assessment shall be made by the court, a court services
probation officer, or court administrator as soon as possible
but in no case more than one week after the defendant's court
appearance. The assessment must be completed no later than
three weeks after the defendant's court date.
Subd. 4. [DOMESTIC ABUSE ASSESSMENT FEE.] When the court
sentences a person convicted of an offense described in section
518B.01, subdivision 2, the court shall impose a domestic abuse
assessment fee of $125. This fee must be imposed whether the
sentence is executed, stayed, or suspended. The court may not
waive payment or authorize payment of the fee in installments
unless it makes written findings on the record that the
convicted person is indigent or that the fee would create undue
hardship for the convicted person or that person's immediate
family. The person convicted of the offense and ordered to pay
the fee shall pay the fee to the county corrections department
or other designated agencies conducting the assessment.
Sec. 25. [609.2246] [TATTOOS; MINORS.]
Subdivision 1. [REQUIREMENTS.] No person under the age of
18 may receive a tattoo unless the person provides written
parental consent to the tattoo. The consent must include both
the custodial and noncustodial parents, where applicable.
Subd. 2. [DEFINITION.] For the purposes of this section,
"tattoo" means an indelible mark or figure fixed on the body by
insertion of pigment under the skin or by production of scars.
Subd. 3. [PENALTY.] A person who provides a tattoo to a
minor in violation of this section is guilty of a misdemeanor.
Sec. 26. Minnesota Statutes 1995 Supplement, 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, and the nonconsensual touching
by the complainant of the actor's intimate parts, effected by
the actor, if the action is performed with sexual or aggressive
intent.
Sec. 27. Minnesota Statutes 1994, section 609.3451, is
amended by adding a subdivision to read:
Subd. 3. [FELONY.] A person is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the
person violates subdivision 1, clause (2), after having been
previously convicted of or adjudicated delinquent for violating
subdivision 1, clause (2); section 617.23, paragraph (b), clause
(1); or a statute from another state in conformity with
subdivision 1, clause (2), or section 617.23, paragraph (b),
clause (1).
Sec. 28. Minnesota Statutes 1995 Supplement, 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;
(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. 29. Minnesota Statutes 1995 Supplement, 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. 30. Minnesota Statutes 1994, section 609.487, is
amended by adding a subdivision to read:
Subd. 5. [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When
a person is convicted of operating a motor vehicle in violation
of subdivision 3 or 4, or an ordinance in conformity with those
subdivisions, the court shall notify the commissioner of public
safety and order the commissioner to revoke the driver's license
of the person.
Sec. 31. Minnesota Statutes 1995 Supplement, section
609.52, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(1) "Property" means all forms of tangible property,
whether real or personal, without limitation including documents
of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by
municipalities or public utility companies and articles, as
defined in clause (4), representing trade secrets, which
articles shall be deemed for the purposes of Extra Session Laws
1967, chapter 15 to include any trade secret represented by the
article.
(2) "Movable property" is property whose physical location
can be changed, including without limitation things growing on,
affixed to, or found in land.
(3) "Value" means the retail market value at the time of
the theft, or if the retail market value cannot be ascertained,
the cost of replacement of the property within a reasonable time
after the theft, or in the case of a theft or the making of a
copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the
owner has suffered by reason of losing an advantage over those
who do not know of or use the trade secret. For a check, draft,
or other order for the payment of money, "value" means the
amount of money promised or ordered to be paid under the terms
of the check, draft, or other order. For a theft committed
within the meaning of subdivision 2, clause (5), (a) and (b), if
the property has been restored to the owner, "value" means the
value of the use of the property or the damage which it
sustained, whichever is greater, while the owner was deprived of
its possession, but not exceeding the value otherwise provided
herein.
(4) "Article" means any object, material, device or
substance, including any writing, record, recording, drawing,
sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or
process, that:
(i) derives independent economic value, actual or
potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or
other reproduction of an article, and any note, drawing, or
sketch made of or from an article while in the presence of the
article.
(8) "Property of another" includes property in which the
actor is coowner or has a lien, pledge, bailment, or lease or
other subordinate interest, property transferred by the actor in
circumstances which are known to the actor and which make the
transfer fraudulent as defined in section 513.44, and property
of a partnership of which the actor is a member, unless the
actor and the victim are husband and wife. It does not include
property in which the actor asserts in good faith a claim as a
collection fee or commission out of property or funds recovered,
or by virtue of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment services, advertising
services, telecommunication services, and the supplying of
equipment for use.
(10) "Motor vehicle" means a self-propelled device for
moving persons or property or pulling implements from one place
to another, whether the device is operated on land, rails,
water, or in the air.
Sec. 32. Minnesota Statutes 1994, section 609.52,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:
(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or
(2) having a legal interest in movable property,
intentionally and without consent, takes the property out of the
possession of a pledgee or other person having a superior right
of possession, with intent thereby to deprive the pledgee or
other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession,
custody, or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:
(a) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or
(b) a promise made with intent not to perform. Failure to
perform is not evidence of intent not to perform unless
corroborated by other substantial evidence; or
(c) the preparation or filing of a claim for reimbursement,
a rate application, or a cost report used to establish a rate or
claim for payment for medical care provided to a recipient of
medical assistance under chapter 256B, which intentionally and
falsely states the costs of or actual services provided by a
vendor of medical care; or
(d) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 which intentionally and
falsely states the costs of or actual treatment or supplies
provided; or
(e) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 for treatment or supplies that
the provider knew were medically unnecessary, inappropriate, or
excessive; or
(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or
(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and:
(a) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or
(b) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or
(c) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or
(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or
(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or
(9) leases or rents personal property under a written
instrument and who with intent to place the property beyond the
control of the lessor conceals or aids or abets the concealment
of the property or any part thereof, or any lessee of the
property who sells, conveys, or encumbers the property or any
part thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease and with intent
to deprive the lessor of possession thereof. Evidence that a
lessee used a false or fictitious name or address in obtaining
the property or fails or refuses to return the property to
lessor within five days after written demand for the return has
been served personally in the manner provided for service of
process of a civil action or sent by certified mail to the last
known address of the lessee, whichever shall occur later, shall
be evidence of intent to violate this clause. Service by
certified mail shall be deemed to be complete upon deposit in
the United States mail of such demand, postpaid and addressed to
the person at the address for the person set forth in the lease
or rental agreement, or, in the absence of the address, to the
person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property with knowledge knowing or having
reason to know that the permanent serial number, permanent
distinguishing number or manufacturer's identification number
has been removed or altered; or
(12) intentionally deprives another of a lawful charge for
cable television service by:
(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection, or by
(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law Number
94-553, section 107; or
(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for
telecommunications service by:
(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:
(i) made or was aware of the connection; and
(ii) was aware that the connection was unauthorized; or
(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or
(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it; or
(17) intentionally takes or drives a motor vehicle without
the consent of the owner or an authorized agent of the owner.
Sec. 33. Minnesota Statutes 1994, section 609.583, is
amended to read:
609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.]
Except as provided in section 609.582, subdivision 1a, in
determining an appropriate disposition for a first offense of
burglary of a dwelling, the court shall presume that a stay of
execution with at least a 90-day period of incarceration as a
condition of probation shall be imposed unless the defendant's
criminal history score determined according to the sentencing
guidelines indicates a presumptive executed sentence, in which
case the presumptive executed sentence shall be imposed unless
the court departs from the sentencing guidelines pursuant to
section 244.10. A stay of imposition of sentence may be granted
only if accompanied by a statement on the record of the reasons
for it. The presumptive period of incarceration may be waived
in whole or in part by the court if the defendant provides
restitution or performs community work service.
Sec. 34. [609.586] [POSSESSION OF CODE GRABBING DEVICES;
PENALTY.]
Subdivision 1. [DEFINITION.] As used in this section,
"code grabbing device" means a device that can receive and
record the coded signal sent by the transmitter of a security or
other electronic system and can play back the signal to disarm
or operate that system.
Subd. 2. [CRIME.] Whoever possesses a code grabbing device
with intent to use the device to commit an unlawful act may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both.
Sec. 35. Minnesota Statutes 1994, section 609.596, is
amended to read:
609.596 [KILLING OR HARMING A POLICE, CORRECTIONS OR ARSON
DOG.]
Subdivision 1. [FELONY.] Whoever intentionally and without
justification causes the death of a police dog or an arson dog
when the dog is involved in law enforcement, fire, or
correctional investigation or apprehension, or the dog is in the
custody of or under the control of a peace officer, as defined
in section 626.84, subdivision 1, paragraph (c), or an employee
of a correctional facility, as defined in section 241.021,
subdivision 1, clause (5), is guilty of a felony and may be
sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $4,000 $5,000, or both. In
lieu of a fine, the court may order a defendant convicted under
this subdivision to pay restitution to the affected agency to
replace the police dog or arson dog, in an amount not to exceed
$5,000.
Subd. 2. [GROSS MISDEMEANOR.] Whoever intentionally and
without justification causes substantial or great bodily harm to
a police dog or an arson dog when the dog is involved in law
enforcement, fire, or correctional investigation or
apprehension, or the dog is in the custody of or under the
control of a peace officer or an employee of a correctional
facility, as defined in section 241.021, subdivision 1, clause
(5), is guilty of a gross misdemeanor.
Subd. 3. [DEFINITION.] As used in this section, "arson
dog" means a dog that has been certified as an arson dog by a
state fire or police agency or by an independent testing
laboratory.
Sec. 36. Minnesota Statutes 1994, section 609.611, is
amended to read:
609.611 [DEFRAUDING INSURER INSURANCE FRAUD.]
Subdivision 1. [DEFRAUD; DAMAGES OR CONCEALS PROPERTY
INSURANCE FRAUD PROHIBITED.] Whoever with intent to injure or
defraud an insurer, damages, removes, or conceals any property
real or personal, whether the actor's own or that of another,
which is at the time insured by any person, firm, or corporation
against loss or damage;
(a) May be sentenced to imprisonment for not more than
three years or to payment of fine of not more than $5,000, or
both if the value insured for is less than $20,000; or
(b) May be sentenced to imprisonment for not more than five
years or to payment of fine of not more than $10,000, or both if
the value insured for is $20,000 or greater;
(c) Proof that the actor recovered or attempted to recover
on a policy of insurance by reason of the alleged loss is
relevant but not essential to establish the actor's intent to
defraud the insurer. the intent to defraud for the purpose of
depriving another of property or for pecuniary gain, commits, or
permits its employees or its agents to commit any of the
following acts, is guilty of insurance fraud and may be
sentenced as provided in subdivision 3:
(a) Presents, causes to be presented, or prepares with
knowledge or reason to believe that it will be presented, by or
on behalf of an insured, claimant, or applicant to an insurer,
insurance professional, or premium finance company in connection
with an insurance transaction or premium finance transaction,
any information that contains a false representation as to any
material fact, or that conceals a material fact concerning any
of the following:
(1) an application for, rating of, or renewal of, an
insurance policy;
(2) a claim for payment or benefit under an insurance
policy;
(3) a payment made according to the terms of an insurance
policy;
(4) an application used in a premium finance transaction;
(b) Presents, causes to be presented, or prepares with
knowledge or reason to believe that it will be presented, to or
by an insurer, insurance professional, or a premium finance
company in connection with an insurance transaction or premium
finance transaction, any information that contains a false
representation as to any material fact, or that conceals a
material fact, concerning any of the following:
(1) a solicitation for sale of an insurance policy or
purported insurance policy;
(2) an application for certificate of authority;
(3) the financial condition of an insurer; or
(4) the acquisition, formation, merger, affiliation, or
dissolution of an insurer;
(c) Solicits or accepts new or renewal insurance risks by
or for an insolvent insurer;
(d) Removes the assets or any record of assets,
transactions, and affairs or any material part thereof, from the
home office or other place of business of an insurer, or from
the place of safekeeping of an insurer, or destroys or
sequesters the same from the department of commerce.
(e) Diverts, misappropriates, converts, or embezzles funds
of an insurer, insured, claimant, or applicant for insurance in
connection with:
(1) an insurance transaction;
(2) the conducting of business activities by an insurer or
insurance professional; or
(3) the acquisition, formation, merger, affiliation, or
dissolution of any insurer.
Subd. 2. [DEFRAUD; FALSE LOSS CLAIM STATUTE OF
LIMITATIONS.] Whoever intentionally makes a claim to an
insurance company that personal property was lost, stolen,
damaged, destroyed, misplaced, or disappeared, knowing the claim
to be false may be sentenced as provided in section 609.52,
subdivision 3. The applicable statute of limitations provision
under section 628.26 shall not begin to run until the insurance
company or law enforcement agency is aware of the fraud, but in
no event may the prosecution be commenced later than seven years
after the claim was made act has occurred.
Subd. 3. [SENTENCE.] Whoever violates this provision may
be sentenced as provided in section 609.52, subdivision 3, based
on the greater of (i) the value of property, services, or other
benefit wrongfully obtained or attempted to obtain, or (ii) the
aggregate economic loss suffered by any person as a result of
the violation. A person convicted of a violation of this
section must be ordered to pay restitution to persons aggrieved
by the violation. Restitution must be ordered in addition to a
fine or imprisonment but not in lieu of a fine or imprisonment.
Subd. 4. [DEFINITIONS.] (a) "Insurance policy" means the
written instrument in which are set forth the terms of any
certificate of insurance, binder of coverage, or contract of
insurance (including a certificate, binder, or contract issued
by a state-assigned risk plan); benefit plan; nonprofit hospital
service plan; motor club service plan; or surety bond, cash
bond, or any other alternative to insurance authorized by a
state's financial responsibility act.
(b) "Insurance professional" means sales agents, agencies,
managing general agents, brokers, producers, claims
representatives, adjusters, and third-party administrators.
(c) "Insurance transaction" means a transaction by, between
or among: (1) an insurer or a person who acts on behalf of an
insurer; and (2) an insured, claimant, applicant for insurance,
public adjuster, insurance professional, practitioner, or any
person who acts on behalf of any of the foregoing, for the
purpose of obtaining insurance or reinsurance, calculating
insurance premiums, submitting a claim, negotiating or adjusting
a claim, or otherwise obtaining insurance, self-insurance, or
reinsurance or obtaining the benefits thereof or therefrom.
(d) "Insurer" means a person purporting to engage in the
business of insurance or authorized to do business in the state
or subject to regulation by the state, who undertakes to
indemnify another against loss, damage or liability arising from
a contingent or unknown event. Insurer includes, but is not
limited to, an insurance company; self-insurer; reinsurer;
reciprocal exchange; interinsurer; risk retention group; Lloyd's
insurer; fraternal benefit society; surety; medical service,
dental, optometric, or any other similar health service plan;
and any other legal entity engaged or purportedly engaged in the
business of insurance, including any person or entity that falls
within the definition of insurer found within section 60A.951,
subdivision 5.
(e) "Premium" means consideration paid or payable for
coverage under an insurance policy. Premium includes any
payment, whether due within the insurance policy term or
otherwise, and any deductible payment, whether advanced by the
insurer or insurance professional and subject to reimbursement
by the insured or otherwise, any self insured retention or
payment, whether advanced by the insurer or insurance
professional and subject to reimbursement by the insured or
otherwise, and any collateral or security to be provided to
collateralize obligations to pay any of the above.
(f) "Premium finance company" means a person engaged or
purporting to engage in the business of advancing money,
directly or indirectly, to an insurer or producer at the request
of an insured under the terms of a premium finance agreement,
including but not limited to, loan contracts, notes, agreements
or obligations, wherein the insured has assigned the unearned
premiums, accrued dividends, or loss payments as security for
such advancement in payment of premiums on insurance policies
only, but does not include the financing of insurance premiums
purchased in connection with the financing of goods or services.
(g) "Premium finance transaction" means a transaction by,
between, or among an insured, a producer or other party claiming
to act on behalf of an insured and a third-party premium finance
company, for the purposes of purportedly or actually advancing
money directly or indirectly to an insurer or producer at the
request of an insured under the terms of a premium finance
agreement, wherein the insured has assigned the unearned
premiums, accrued dividends or loan payments as security for
such advancement in payment of premiums on insurance policies
only, but does not include the financing of insurance premiums
purchased in connection with the financing of goods or services.
Sec. 37. Minnesota Statutes 1995 Supplement, section
617.23, is amended to read:
617.23 [INDECENT EXPOSURE; PENALTIES.]
(a) A person is guilty of a misdemeanor who in any public
place, or in any place where others are present:
(1) willfully and lewdly exposes the person's body, or the
private parts thereof;
(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious
behavior, or any public indecency other than behavior specified
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.
(c) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both, if the person violates
paragraph (b), clause (1), after having been previously
convicted of or adjudicated delinquent for violating paragraph
(b), clause (1); section 609.3451, subdivision 1, clause (2); or
a statute from another state in conformity with paragraph (b),
clause (1), or section 609.3451, subdivision 1, clause (2).
Sec. 38. [INSURANCE FRAUD REVOLVING ACCOUNT.]
The attorney general shall deposit in a separate account in
the state treasury all money voluntarily contributed by
insurance companies for the investigation and prosecution of
insurance fraud. Money in the account is appropriated to the
attorney general for that purpose.
Sec. 39. [SENTENCING GUIDELINES MODIFICATIONS.]
Pursuant to Minnesota Statutes, section 244.09, the
proposed modifications to the sentencing guidelines regarding
the adjustment of increases in durations across criminal history
at severity levels I through VI contained on page 11 of the
January 1996, Minnesota sentencing guidelines commission's
report to the legislature, shall not take effect until August 1,
1997.
Sec. 40. [REPEALER.]
Minnesota Statutes 1994, section 609.495, subdivision 2, is
repealed.
Sec. 41. [EFFECTIVE DATE.]
Sections 1, 10 to 23, 25 to 32, and 34 to 38 are effective
August 1, 1996, and apply to offenses committed on or after that
date.
Sections 2 to 9 are effective August 1, 1996, and apply to
demands for proof of insurance made on or after that date.
Section 24 is effective March 1, 1997, and applies to
offenses committed on or after that date.
Section 33 is effective August 1, 1996.
ARTICLE 4
FIREARMS
Section 1. Minnesota Statutes 1995 Supplement, section
518B.01, subdivision 14, is amended to read:
Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a)
Whenever an order for protection is granted pursuant to this
section, and the respondent or person to be restrained knows of
the order, violation of the order for protection is a
misdemeanor. Upon conviction, the defendant must be sentenced
to a minimum of three days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected
by the court. If the court stays imposition or execution of the
jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute
the stayed jail sentence. A person 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; 609.2242; 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).
(h) When a person is convicted of violating an order for
protection under this section and the court determines that the
person used a firearm in any way during commission of the
violation, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than
three years or for the remainder of the person's life. A person
who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the
defendant whether and for how long the defendant is prohibited
from possessing a firearm and that it is a gross misdemeanor to
violate this paragraph. The failure of the court to provide
this information to a defendant does not affect the
applicability of the firearm possession prohibition or the gross
misdemeanor penalty to that defendant.
(i) Except as otherwise provided in paragraph (h), when a
person is convicted of violating an order for protection under
this section, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol for three years
from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.
(j) Except as otherwise provided in paragraph (h), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1996, of violating an order for
protection under this section, unless three years have elapsed
from the date of conviction and, during that time, the person
has not been convicted of any other violation of this section.
Property rights may not be abated but access may be restricted
by the courts. A person who possesses a pistol in violation of
this paragraph is guilty of a gross misdemeanor.
(k) If the court determines that a person convicted of
violating an order for protection under this section owns or
possesses a firearm and used it in any way during the commission
of the violation, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
Sec. 2. Minnesota Statutes 1994, section 609.035,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 2,
subdivision 3, and in sections 609.251, 609.585, 609.21,
subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856,
if a person's conduct constitutes more than one offense under
the laws of this state, the person may be punished for only one
of the offenses and a conviction or acquittal of any one of them
is a bar to prosecution for any other of them. All the
offenses, if prosecuted, shall be included in one prosecution
which shall be stated in separate counts.
Sec. 3. Minnesota Statutes 1994, section 609.035, is
amended by adding a subdivision to read:
Subd. 3. [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding
section 609.04, a prosecution for or conviction of a violation
of section 609.165 or 624.713, subdivision 1, clause (b), is not
a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
Sec. 4. Minnesota Statutes 1994, section 609.11,
subdivision 5, is amended to read:
Subd. 5. [FIREARM.] (a) Except as otherwise provided in
paragraph (b), any defendant convicted of an offense listed in
subdivision 9 in which the defendant or an accomplice, at the
time of the offense, had in possession or used, whether by
brandishing, displaying, threatening with, or otherwise
employing, a firearm, shall be committed to the commissioner of
corrections for not less than three years, nor more than the
maximum sentence provided by law. Any defendant convicted of a
second or subsequent offense in which the defendant or an
accomplice, at the time of the offense, had in possession or
used a firearm shall be committed to the commissioner of
corrections for not less than five years, nor more than the
maximum sentence provided by law.
(b) Any defendant convicted of violating section 609.165 or
624.713, subdivision 1, clause (b), shall be committed to the
commissioner of corrections for not less than 18 months, nor
more than the maximum sentence provided by law. Any defendant
convicted of a second or subsequent violation of either of these
sections shall be committed to the commissioner of corrections
for not less than five years, nor more than the maximum sentence
provided by law.
Sec. 5. Minnesota Statutes 1994, section 609.11,
subdivision 9, is amended to read:
Subd. 9. [APPLICABLE OFFENSES.] The crimes for which
mandatory minimum sentences shall be served as provided in this
section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary;
kidnapping; false imprisonment; manslaughter in the first or
second degree; aggravated robbery; simple robbery; criminal
sexual conduct under the circumstances described in sections
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a)
to (e) and (h) to (j); escape from custody; arson in the first,
second, or third degree; drive-by shooting under section 609.66,
subdivision 1e; possession or other unlawful use of a firearm in
violation of section 609.165, subdivision 1b or 624.713,
subdivision 1, clause (b), a felony violation of chapter 152; or
any attempt to commit any of these offenses.
Sec. 6. Minnesota Statutes 1995 Supplement, 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 609.165; 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; 609.66, subdivision 1e;
609.687; 609.855, subdivision 5; any provision of sections
609.229; 609.377; 609.378; and 609.749; and 624.713 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. 7. Minnesota Statutes 1994, section 609.165,
subdivision 1b, is amended to read:
Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who has
been convicted of a crime of violence, as defined in section
624.712, subdivision 5, and who ships, transports, possesses, or
receives a firearm in violation of subdivision 1a before ten
years have elapsed since the person was restored to civil
rights, commits a felony and may be sentenced to imprisonment
for not more than three 15 years or to payment of a fine of not
more than $6,000 $30,000, or both.
(b) Nothing in this section shall be construed to bar a
conviction and sentencing for a violation of section 624.713,
subdivision 1, clause (b) 2.
Sec. 8. Minnesota Statutes 1995 Supplement, section
609.19, is amended to read:
609.19 [MURDER IN THE SECOND DEGREE.]
Subdivision 1. [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.]
Whoever does any either of the following is guilty of murder in
the second degree and may be sentenced to imprisonment for not
more than 40 years:
(1) causes the death of a human being with intent to effect
the death of that person or another, but without
premeditation; or
(2) causes the death of a human being while committing or
attempting to commit a drive-by shooting in violation of section
609.66, subdivision 1e.
Subd. 2. [UNINTENTIONAL MURDERS.] Whoever does either of
the following is guilty of unintentional 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, 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 a drive-by
shooting; or
(3) (2) 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 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. 9. Minnesota Statutes 1994, section 609.5316,
subdivision 3, is amended to read:
Subd. 3. [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons
used are contraband and must be summarily forfeited to the
appropriate agency upon conviction of the weapon's owner or
possessor for a controlled substance crime or; for any offense
of this chapter or chapter 624, or for a violation of an order
for protection under section 518B.01, subdivision 14.
Bullet-resistant vests, as defined in section 609.486, worn or
possessed during the commission or attempted commission of a
crime are contraband and must be summarily forfeited to the
appropriate agency upon conviction of the owner or possessor for
a controlled substance crime or for any offense of this
chapter. Notwithstanding this subdivision, weapons used and
bullet-resistant vests worn or possessed may be forfeited
without a conviction under sections 609.531 to 609.5315.
Sec. 10. Minnesota Statutes 1994, section 609.66,
subdivision 1a, is amended to read:
Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS
DISCHARGE.] (a) Whoever does any of the following is guilty of a
felony and may be sentenced as provided in paragraph (b):
(1) sells or has in possession any device designed to
silence or muffle the discharge of a firearm;
(2) intentionally discharges a firearm under circumstances
that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced
as follows:
(1) if the act was a violation of paragraph (a), clause
(2), or if the act was a violation of paragraph (a), clause (1)
or (3) and was committed in a public housing zone, as defined in
section 152.01, subdivision 19, a school zone, as defined in
section 152.01, subdivision 14a, or a park zone, as defined in
section 152.01, subdivision 12a, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both; or
(2) otherwise, to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.
Sec. 11. Minnesota Statutes 1994, section 609.666,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following words have the meanings given.
(a) "Firearm" means a device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion or force of combustion.
(b) "Child" means a person under the age of 14 18 years.
(c) "Loaded" means the firearm has ammunition in the
chamber or magazine, if the magazine is in the firearm, unless
the firearm is incapable of being fired by a child who is likely
to gain access to the firearm.
Sec. 12. Minnesota Statutes 1994, section 609.749, is
amended by adding a subdivision to read:
Subd. 8. [STALKING; FIREARMS.] (a) When a person is
convicted of a harassment or stalking crime under this section
and the court determines that the person used a firearm in any
way during commission of the crime, the court may order that the
person is prohibited from possessing any type of firearm for any
period longer than three years or for the remainder of the
person's life. A person who violates this paragraph is guilty
of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant whether and for how long the
defendant is prohibited from possessing a firearm and that it is
a gross misdemeanor to violate this paragraph. The failure of
the court to provide this information to a defendant does not
affect the applicability of the firearm possession prohibition
or the gross misdemeanor penalty to that defendant.
(b) Except as otherwise provided in paragraph (a), when a
person is convicted of a stalking or harassment crime under this
section, the court shall inform the defendant that the defendant
is prohibited from possessing a pistol for three years from the
date of conviction and that it is a gross misdemeanor offense to
violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.
(c) Except as otherwise provided in paragraph (a), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1996, of a stalking or harassment
crime under this section, unless three years have elapsed from
the date of conviction and, during that time, the person has not
been convicted of any other violation of this section. Property
rights may not be abated but access may be restricted by the
courts. A person who possesses a pistol in violation of this
paragraph is guilty of a gross misdemeanor.
(d) If the court determines that a person convicted of a
stalking or harassment crime under this section owns or
possesses a firearm and used it in any way during the commission
of the crime, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 609.855,
subdivision 5, is amended to read:
Subd. 5. [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR
FACILITY.] Whoever recklessly discharges a firearm at or in any
portion of a public transit vehicle or facility is guilty of a
felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $6,000, or
both. If the transit vehicle or facility is occupied by any
person other than the offender, the person may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Sec. 14. Minnesota Statutes 1995 Supplement, 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, drive-by shootings, 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, felony theft involving the intentional
taking or driving of a motor vehicle without the consent of the
owner or the authorized agent of the owner, felony theft
involving the taking of property from a burning, abandoned, or
vacant building, or from an area of destruction caused by civil
disaster, riot, bombing, or the proximity of battle, felony
theft involving the theft of a controlled substance, an
explosive, or an incendiary device, 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. 15. Minnesota Statutes 1994, section 624.713,
subdivision 2, is amended to read:
Subd. 2. [PENALTIES.] A person named in subdivision 1,
clause (a) or (b), who possesses a pistol or semiautomatic
military-style assault weapon is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both. A person
named in subdivision 1, clause (b), who possesses any type of
firearm is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
of not more than $30,000, or both. A person named in any other
clause of subdivision 1 who possesses a pistol or semiautomatic
military-style assault weapon any type of firearm is guilty of a
gross misdemeanor.
Sec. 16. [EFFECTIVE DATE.]
Sections 1 to 15 are effective August 1, 1996, and apply to
offenses committed on or after that date.
ARTICLE 5
COMMUNITY NOTIFICATION
Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.]
The legislature finds that if members of the public are
provided adequate notice and information about a sex offender
who has been or is about to be released from custody and who
lives or will live in or near their neighborhood, the community
can develop constructive plans to prepare themselves and their
children for the offender's release.
Sec. 2. Minnesota Statutes 1995 Supplement, section
243.166, subdivision 1, is amended to read:
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 charged with or petitioned for using a
minor in a sexual performance in violation of section 617.246,
or possessing pictorial representations of minors in violation
of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set
of circumstances; or
(3) 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) (4) 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), or (3).
(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.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10,
regardless of whether the person was convicted of any offense.
Sec. 3. Minnesota Statutes 1995 Supplement, section
243.166, subdivision 7, is amended to read:
Subd. 7. [USE OF INFORMATION.] Except as otherwise
provided in section 244.052, 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.
Sec. 4. [244.052] [SEX OFFENDERS; NOTICE.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "accepted for supervision" means accepted from another
state under a reciprocal agreement under the interstate compact
authorized by section 243.16;
(2) "confinement" means confinement in a state correctional
facility or a state treatment facility;
(3) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release; and
(4) "sex offender" and "offender" mean a person who has
been convicted of an offense for which registration under
section 243.166 is required or a person who has been committed
pursuant to a court commitment order under section 253B.185 or
Minnesota Statutes 1992, section 526.10, regardless of whether
the person was convicted of any offense.
Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the
commissioner of corrections shall develop a risk assessment
scale which assigns weights to the various risk factors listed
in subdivision 3, paragraph (g), and specifies the risk level to
which offenders with various risk assessment scores shall be
assigned. In developing this scale, the commissioner shall
consult with county attorneys, treatment professionals, law
enforcement officials, and probation officers.
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where sex
offenders are confined. The committees shall assess on a
case-by-case basis:
(1) the public risk posed by sex offenders who are about to
be released from confinement; and
(2) the public risk posed by sex offenders who are accepted
from another state under a reciprocal agreement under the
interstate compact authorized by section 243.16.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the
assessment of sex offenders;
(4) a caseworker experienced in supervising sex offenders;
and
(5) an employee of the department of corrections from the
victim's services unit.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.
(c) The committee shall have access to the following data
on a sex offender only for the purposes of its assessment under
this section:
(1) private medical data under section 13.42 or 144.335, or
welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The sex
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.
(d) At least 90 days before a sex offender is to be
released from confinement or accepted for supervision, the
commissioner of corrections shall convene the appropriate
end-of-confinement review committee for the purpose of assessing
the risk presented by the offender and determining the risk
level to which the offender shall be assigned under paragraph
(e). The offender shall be notified of the time and place of
the committee's meeting and has a right to be present and be
heard at the meeting. The committee shall use the risk factors
described in paragraph (g) and the risk assessment scale
developed under subdivision 2 to determine the offender's risk
assessment score and risk level. Offenders scheduled for
release from confinement shall be assessed by the committee
established at the facility from which the offender is to be
released. Offenders accepted for supervision shall be assessed
by whichever committee the commissioner directs.
(e) The committee shall assign to risk level I a sex
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.
(f) Before the sex offender is released from confinement or
accepted for supervision, the committee shall prepare a risk
assessment report which specifies the risk level to which the
offender has been assigned and the reasons underlying the
committee's risk assessment decision. The committee shall give
the report to the offender and to the law enforcement agency at
least 60 days before an offender is released from confinement or
accepted for supervision. The committee also shall inform the
offender of the availability of review under subdivision 6.
(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm; (ii) the degree of
likely physical contact; and (iii) the age of the likely victim;
(2) the offender's prior offense history. This factor
includes consideration of the following: (i) the relationship
of prior victims to the offender; (ii) the number of prior
offenses or victims; (iii) the duration of the offender's prior
offense history; (iv) the length of time since the offender's
last prior offense, while the offender was at risk to commit
offenses; and (v) the offender's prior history of other
antisocial acts;
(3) the offender's characteristics. This factor includes
consideration of the following: (i) the offender's response to
prior treatment efforts; and (ii) the offender's history of
substance abuse;
(4) the availability of community supports to the offender.
This factor includes consideration of the following: (i) the
availability and likelihood that the offender will be involved
in therapeutic treatment; (ii) the availability of residential
supports to the offender, such as a stable and supervised living
arrangement in an appropriate location; (iii) the offender's
familial and social relationships, including the nature and
length of these relationships and the level of support that the
offender may receive from these persons; and (iv) the offender's
lack of education or employment stability;
(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency or agent shall list the facts and
circumstances arising after the initial assignment under
paragraph (e) which support the request for a reassessment.
Upon review of the request, the end-of-confinement review
committee may reassign an offender to a different risk level.
If the offender is reassigned to a higher risk level, the
offender has the right to seek review of the committee's
determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
two years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. The committee shall follow the process
outlined in paragraphs (a) to (e), and (g) in the reassessment.
Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
area where the sex offender resides, expects to reside, is
employed, or is regularly found, is authorized to disclose
information to the public regarding the offender if the agency
determines that disclosure of the information is relevant and
necessary to protect the public and to counteract the offender's
dangerousness. The extent of the information disclosed and the
community to whom disclosure is made must relate to the level of
danger posed by the offender, to the offender's pattern of
offending behavior, and to the need of community members for
information to enhance their individual and collective safety.
(b) The law enforcement agency shall consider the following
guidelines in determining the scope of disclosure made under
this subdivision:
(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the offender.
The agency shall disclose the information to victims of the
offense committed by the offender who have requested disclosure;
(2) if the offender is assigned to risk level II, the
agency also may disclose the information to the following
agencies and groups that the offender is likely to encounter:
public and private educational institutions; day care
establishments; and establishments and organizations that
primarily serve individuals likely to be victimized by the
offender;
(3) if the offender is assigned to risk level III, the
agency also may disclose the information to other members of the
community whom the offender is likely to encounter.
Notwithstanding the assignment of a sex offender to risk
level II or III, a law enforcement agency may not make the
disclosures permitted by clause (2) or (3), if: the offender is
placed or resides in a residential facility that is licensed as
a residential program, as defined in section 245A.02,
subdivision 14, by the commissioner of human services under
chapter 254A, or the commissioner of corrections under section
241.021; and the facility and its staff are trained in the
supervision of sex offenders. However, if an offender is placed
or resides in a licensed facility, the head of the facility
shall notify the law enforcement agency before the end of the
offender's placement or residence in the facility. Upon
receiving this notification, the law enforcement agency may make
the disclosures permitted by clause (2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that: (1) the organizations or community
members are in a location or in close proximity to a location
where the offender lives or is employed, or which the offender
visits or is likely to visit on a regular basis, other than the
location of the offender's outpatient treatment program; and (2)
the types of interaction which ordinarily occur at that location
and other circumstances indicate that contact with the offender
is reasonably certain.
(d) A law enforcement agency or official who decides to
disclose information under this subdivision shall make a good
faith effort to make the notification at least 14 days before an
offender is released from confinement or accepted for
supervision. If a change occurs in the release plan, this
notification provision does not require an extension of the
release date.
(e) A law enforcement agency or official that decides to
disclose information under this subdivision shall make a good
faith effort to conceal the identity of the victim or victims of
the offender's offense.
(f) A law enforcement agency may continue to disclose
information on an offender under this subdivision for as long as
the offender is required to register under section 243.166.
Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW
ENFORCEMENT.] At least 60 days before a sex offender is released
from confinement or accepted for supervision, the department of
corrections or the department of human services, in the case of
a person who was committed under section 253B.185 or Minnesota
Statutes 1992, section 526.10, shall provide the appropriate law
enforcement agency all relevant information that the departments
have concerning the offender, including information on risk
factors in the offender's history.
Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned
or reassigned to risk level II or III under subdivision 3,
paragraph (e) or (h), has the right to seek administrative
review of an end-of-confinement review committee's risk
assessment determination. The offender must exercise this right
within 14 days of receiving notice of the committee's decision
by notifying the chair of the committee. Upon receiving the
request for administrative review, the chair shall notify the
offender, the victim or victims of the offender's offense or
their designee, the law enforcement agency, and any other
individuals the chair may select, of the time and place of the
hearing. A request for a review hearing shall not interfere
with or delay the notification process under subdivision 4 or 5.
(b) An offender who requests a review hearing must be given
a reasonable opportunity to prepare for the hearing. The review
hearing shall be conducted on the record before an
administrative law judge. The offender has the burden of proof
to show, by a preponderance of the evidence, that the
end-of-confinement review committee's risk assessment
determination was erroneous. The attorney general or a designee
shall defend the end-of-confinement review committee's
determination. The offender has the right to be present and be
represented by counsel at the hearing, to present evidence in
support of the offender's position, to call supporting witnesses
and to cross-examine witnesses testifying in support of the
committee's determination. Counsel for indigent offenders shall
be provided by the Legal Advocacy Project of the state public
defender's office.
(c) After the hearing is concluded, the administrative law
judge shall decide whether the end-of-confinement review
committee's risk assessment determination was erroneous and,
based on this decision, shall either uphold or modify the review
committee's determination. The judge's decision shall be in
writing and shall include the judge's reasons for the decision.
The judge's decision shall be final and a copy of it shall be
given to the offender, the victim, the law enforcement agency,
and the chair of the end-of-confinement review committee.
(d) The review hearing is subject to the contested case
provisions of chapter 14.
Subd. 7. [IMMUNITY FROM LIABILITY.] A state or local
agency or official, or a private organization or individual
authorized to act on behalf of a state or local agency or
official, is not civilly or criminally liable for disclosing or
failing to disclose information as permitted by this section.
Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section
imposes a duty upon a person licensed under chapter 82, or an
employee of the person, to disclose information regarding an
offender who is required to register under section 243.166, or
about whom notification is made under this section.
Sec. 5. [244.053] [NOTICE OF RELEASE OF CERTAIN
OFFENDERS.]
Subdivision 1. [NOTICE OF IMPENDING RELEASE.] At least 60
days before the release of any inmate convicted of an offense
requiring registration under section 243.166, the commissioner
of corrections shall send written notice of the impending
release to the sheriff of the county and the police chief of the
city in which the inmate will reside or in which placement will
be made in a work release program. The sheriff of the county
where the offender was convicted also shall be notified of the
inmate's impending release.
Subd. 2. [ADDITIONAL NOTICE.] The same notice shall be
sent to the following persons concerning a specific inmate
convicted of an offense requiring registration under section
243.166:
(1) the victim of the crime for which the inmate was
convicted or a deceased victim's next of kin if the victim or
deceased victim's next of kin requests the notice in writing;
(2) any witnesses who testified against the inmate in any
court proceedings involving the offense, if the witness requests
the notice in writing; and
(3) any person specified in writing by the prosecuting
attorney.
The notice sent to victims under clause (1) must inform the
person that the person has the right to request and receive
information about the offender authorized for disclosure under
the community notification provisions of section 244.052.
If the victim or witness is under the age of 16, the notice
required by this section shall be sent to the parents or legal
guardian of the child. The commissioner shall send the notices
required by this provision to the last address provided to the
commissioner by the requesting party. The requesting party
shall furnish the commissioner with a current address.
Information regarding witnesses requesting the notice,
information regarding any other person specified in writing by
the prosecuting attorney to receive the notice, and the notice
are private data on individuals, as defined in section 13.02,
subdivision 12, and are not available to the inmate.
The notice to victims provided under this subdivision does
not limit the victim's right to request notice of release under
section 611A.06.
Subd. 3. [NO EXTENSION OF RELEASE DATE.] The existence of
the notice requirements contained in this section shall in no
event require an extension of the release date.
Sec. 6. Minnesota Statutes 1994, section 244.10, is
amended by adding a subdivision to read:
Subd. 2a. [NOTICE OF INFORMATION REGARDING SEX
OFFENDERS.] (a) In any case in which a person is convicted of an
offense which requires registration under section 243.166,
subdivision 1, and the presumptive sentence under the sentencing
guidelines is commitment to the custody of the commissioner of
corrections, if the court grants a dispositional departure and
stays imposition or execution of sentence, the probation or
court services officer who is assigned to supervise the offender
shall provide in writing to the following the fact that the
offender is on probation and the terms and conditions of
probation:
(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and
(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender.
The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or section 241.021, if the
facility staff is trained in the supervision of sex offenders.
(b) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.
(c) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.
Sec. 7. [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS;
POLICY AND INSTRUCTION.]
Subdivision 1. [MODEL POLICY.] (a) By August 1, 1996, the
peace officer standards and training board shall develop a model
policy for law enforcement agencies to follow when they disclose
information on sex offenders to the public under Minnesota
Statutes, section 244.052, subdivision 3. The model policy
shall be designed to further the objectives of providing
adequate notice to the community concerning sex offenders who
are or will be residing in the neighborhood and of helping
community members develop constructive plans to prepare
themselves and their children for residing near these sex
offenders. In developing the policy, the board shall consult
with representatives of the bureau of criminal apprehension, the
Minnesota chiefs of police association, the Minnesota sheriffs
association, the Minnesota association of women police, the
Minnesota sex crimes investigators association, the Minnesota
police and peace officers association, the Minnesota institute
of community policing, the county attorneys association, the
Minnesota corrections association, the Minnesota association of
county probation officers, the commissioner of corrections,
local corrections agencies, the state public defender, sex
offender treatment professionals, victims groups, and interested
members of the public.
(b) The model policy shall, at a minimum, address the
following matters:
(1) recommended contents and form of community notification
documents, including recommended ways of protecting the privacy
of victims of the offender's crime;
(2) recommended scope of disclosure for offenders
classified at each risk level, including: (i) specific factors,
if any, that would justify a law enforcement agency in engaging
in broader disclosure than that recommended in the policy; and
(ii) methods to ensure that the scope of disclosure is closely
tailored to the risk level posed by the offender;
(3) recommended method or methods of distributing community
notification documents;
(4) recommended methods of providing follow-up
notifications to community residents at specified intervals and
of disclosing information about offenders to law enforcement
agencies in other jurisdictions when necessary to protect the
public;
(5) recommended methods of educating community residents at
public meetings on how they can use the information in the
notification document in a reasonable manner to enhance their
individual and collective safety;
(6) procedures for ensuring that community members are
educated regarding the right of sex offenders not to be
subjected to harassment or criminal acts because of the
notification process;
(7) recommended ways of educating sex offenders before they
are released from incarceration on the nature and scope of the
notification process, the likely reaction of community residents
to their presence in the community, and their right to be free
from harassment or criminal acts committed by community
residents because of the notification process; and
(8) other matters that the board deems necessary to ensure
the effective and fair administration of the community
notification law.
Subd. 2. [LOCAL POLICY.] By January 1, 1997, all chief law
enforcement officers shall establish and implement a written
policy governing the public disclosure of information on sex
offenders under Minnesota Statutes, section 244.052, subdivision
3. A chief law enforcement officer shall adopt a policy that is
identical or substantially similar to the model policy developed
by the board under subdivision 1.
Sec. 8. [EFFECTIVE DATE.]
Section 2 is effective August 1, 1996, 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.
Sections 1 and 3 to 6 are effective January 1, 1997, and
apply to persons released or sentenced on or after that date.
Section 7 is effective the day following final enactment.
ARTICLE 6
JUVENILES
Section 1. Minnesota Statutes 1995 Supplement, 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) Except as otherwise provided in paragraph
(c), "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) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 588.20,
609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260.193;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 2. Minnesota Statutes 1995 Supplement, section
260.132, subdivision 3a, is amended to read:
Subd. 3a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except
as otherwise provided in section 260.155, subdivision 2, 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. 3. Minnesota Statutes 1994, section 260.141, is
amended by adding a subdivision to read:
Subd. 1a. [NOTICE IN LIEU OF SUMMONS; PERSONAL
SERVICE.] The service of a summons or a notice in lieu of
summons shall be as provided in the rules of juvenile procedure.
Sec. 4. Minnesota Statutes 1994, section 260.145, is
amended to read:
260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT,
ARREST.]
If any person personally served with summons or subpoena
fails, without reasonable cause, to appear or bring the child,
or if the court has reason to believe the person is avoiding
personal service, or if any custodial parent or guardian fails,
without reasonable cause, to accompany the child to a hearing as
required under section 260.155, subdivision 4b, the person may
be proceeded against for contempt of court or the court may
issue a warrant for the person's arrest, or both. In any case
when it appears to the court that the service will be
ineffectual, or that the welfare of the child requires that the
child be brought forthwith into the custody of the court, the
court may issue a warrant for immediate custody of the child.
Sec. 5. Minnesota Statutes 1995 Supplement, section
260.155, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court unless
the. This right does not apply to a child who is charged with a
juvenile petty offense as defined in section 260.015,
subdivision 21, unless the child is charged with a third or
subsequent juvenile alcohol or controlled substance offense and
may be subject to the alternative disposition described in
section 260.195, subdivision 4.
(b) 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) (c) 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 case in which it feels that such an
appointment is desirable, except a juvenile petty offense as
defined in section 260.015, subdivision 21 offender who does not
have the right to counsel under paragraph (a).
Sec. 6. Minnesota Statutes 1994, section 260.161,
subdivision 1a, is amended to read:
Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF
CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to
the Bureau of Criminal Apprehension the following data on
juveniles adjudicated delinquent for having committed
felony-level criminal sexual conduct:
(1) the name and birth date of the juvenile, including any
of the juvenile's known aliases or street names;
(2) the type of act for which the juvenile was adjudicated
delinquent and date of the offense; and
(3) the date and county of the adjudication.
(b) The bureau shall retain data on a juvenile until the
offender reaches the age of 28. If the offender commits another
violation of sections 609.342 to 609.345 as an adult, the bureau
shall retain the data for as long as the data would have been
retained if the offender had been an adult at the time of the
juvenile offense.
(c) The juvenile court shall forward to the bureau the
following data on individuals convicted as extended jurisdiction
juveniles:
(1) the name and birthdate of the offender, including any
of the juvenile's known aliases or street names;
(2) the crime committed by the offender and the date of the
crime; and
(3) the date and county of the conviction.
The court shall notify the bureau whenever it executes an
extended jurisdiction juvenile's adult sentence under section
260.126, subdivision 5.
(d) The bureau shall retain the extended jurisdiction
juvenile data for as long as the data would have been retained
if the offender had been an adult at the time of the offense.
Data retained on individuals under this subdivision are private
data under section 13.02, except that extended jurisdiction
juvenile data becomes public data under section 13.87,
subdivision 2, when the juvenile court notifies the bureau that
the individual's adult sentence has been executed under section
260.126, subdivision 5.
Sec. 7. Minnesota Statutes 1994, section 260.171,
subdivision 2, is amended to read:
Subd. 2. (a) If the child is not released as provided in
subdivision 1, the person taking the child into custody shall
notify the court as soon as possible of the detention of the
child and the reasons for detention.
(b) No child may be detained in a juvenile secure detention
facility or shelter care facility longer than 36 hours,
excluding Saturdays, Sundays, and holidays, after being taken
into custody for a delinquent act as defined in section 260.015,
subdivision 5, unless a petition has been filed and the judge or
referee determines pursuant to section 260.172 that the child
shall remain in detention.
(c) No child may be detained in an adult jail or municipal
lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours in an adult jail or municipal
lockup in a standard metropolitan statistical area, after being
taken into custody for a delinquent act as defined in section
260.015, subdivision 5, unless:
(1) a petition has been filed under section 260.131; and
(2) a judge or referee has determined under section 260.172
that the child shall remain in detention.
After August 1, 1991, no child described in this paragraph
may be detained in an adult jail or municipal lockup longer than
24 hours, excluding Saturdays, Sundays, and holidays, or longer
than six hours in an adult jail or municipal lockup in a
standard metropolitan statistical area, unless the requirements
of this paragraph have been met and, in addition, a motion to
refer the child for adult prosecution has been made under
section 260.125. Notwithstanding this paragraph, continued
detention of a child in an adult detention facility outside of a
standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located
where conditions of distance to be traveled or other ground
transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this
clause; or
(ii) the facility is located where conditions of safety
exist. Time for an appearance may be delayed until 24 hours
after the time that conditions allow for reasonably safe
travel. "Conditions of safety" include adverse life-threatening
weather conditions that do not allow for reasonably safe travel.
The continued detention of a child under clause (i) or (ii)
must be reported to the commissioner of corrections.
(d) No child taken into custody pursuant to section
260.165, subdivision 1, clause (a) or (c)(2) may be held in a
shelter care facility longer than 72 hours, excluding Saturdays,
Sundays and holidays, unless a petition has been filed and the
judge or referee determines pursuant to section 260.172 that the
child shall remain in custody.
(e) If a child described in paragraph (c) is to be detained
in a jail beyond 24 hours, excluding Saturdays, Sundays, and
holidays, the judge or referee, in accordance with rules and
procedures established by the commissioner of corrections, shall
notify the commissioner of the place of the detention and the
reasons therefor. The commissioner shall thereupon assist the
court in the relocation of the child in an appropriate juvenile
secure detention facility or approved jail within the county or
elsewhere in the state, or in determining suitable
alternatives. The commissioner shall direct that a child
detained in a jail be detained after eight days from and
including the date of the original detention order in an
approved juvenile secure detention facility with the approval of
the administrative authority of the facility. If the court
refers the matter to the prosecuting authority pursuant to
section 260.125, notice to the commissioner shall not be
required.
Sec. 8. Minnesota Statutes 1995 Supplement, section
260.195, subdivision 2a, is amended to read:
Subd. 2a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except
as otherwise provided in section 260.155, subdivision 2, 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. 9. Minnesota Statutes 1994, section 260.281, is
amended to read:
260.281 [NEW EVIDENCE.]
A child whose status has been adjudicated by a juvenile
court, or the child's parent, guardian, custodian or spouse may,
at any time within 90 15 days of the filing of the court's
order, petition the court for a rehearing on the ground that new
evidence has been discovered affecting the advisability of the
court's original adjudication or disposition. Upon a showing
that such evidence does exist the court shall order that a new
hearing be held within 30 days, unless the court extends this
time period for good cause shown within the 30-day period, and
shall make such disposition of the case as the facts and the
best interests of the child warrant.
Sec. 10. Minnesota Statutes 1994, section 260.301, is
amended to read:
260.301 [CONTEMPT.]
Any person knowingly interfering with an order of the
juvenile court is in contempt of court. However, a child who is
under the continuing jurisdiction of the court for reasons other
than delinquency having committed a delinquent act or a juvenile
petty offense may not be adjudicated as a delinquent solely on
the basis of having knowingly interfered with or disobeyed an
order of the court.
Sec. 11. Minnesota Statutes 1995 Supplement, 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, and of community corrections agencies operating secure
juvenile detention facilities 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. In addition, the
reporting requirements shall include any known aliases or street
names of the offenders.
Sec. 12. [REPEALER.]
Minnesota Statutes 1994, section 260.141, subdivision 1, is
repealed.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 12 are effective August 1, 1996, and apply to
offenses committed on or after that date.
ARTICLE 7
VICTIMS
Section 1. [15.87] [VICTIMS OF VIOLENCE.]
In furtherance of the state policy of zero tolerance for
violence in section 1.50, the state shall have a goal of
providing:
(a) every victim of violence in Minnesota, regardless of
the county of residence, access to necessary services,
including, but not limited to:
(1) crisis intervention services, including a 24-hour
emergency telephone line;
(2) safe housing;
(3) counseling and peer support services; and
(4) assistance in pursuing legal remedies and appropriate
medical care; and
(b) every child who is a witness to abuse or who is a
victim of violence, access to necessary services, including, but
not limited to:
(1) crisis child care;
(2) safe supervised child visitation, when needed;
(3) age appropriate counseling and support; and
(4) assistance with legal remedies, medical care, and
needed social services.
Sec. 2. Minnesota Statutes 1995 Supplement, section
609.10, is amended to read:
609.10 [SENTENCES AVAILABLE.]
Upon conviction of a felony and compliance with the other
provisions of this chapter the court, if it imposes sentence,
may sentence the defendant to the extent authorized by law as
follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the
court; or
(3) to both imprisonment for a fixed term of years and
payment of a fine; or
(4) to payment of a fine without imprisonment or to
imprisonment for a fixed term of years if the fine is not paid;
or
(5) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized
under section 609.102 in addition to any other sentence imposed
by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's
family; and
(ii) if the victim is deceased or already has been fully
compensated, payment of money to a victim assistance program or
other program directed by the court.
In controlled substance crime cases, "restitution" also
includes payment of compensation to a government entity that
incurs loss as a direct result of the controlled substance crime.
Sec. 3. Minnesota Statutes 1995 Supplement, section
609.125, is amended to read:
609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]
Upon conviction of a misdemeanor or gross misdemeanor the
court, if sentence is imposed, may, to the extent authorized by
law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine, or to imprisonment for a
specified term if the fine is not paid; or
(3) to both imprisonment for a definite term and payment of
a fine; or
(4) to payment of court-ordered restitution in addition to
either imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized
under section 609.102 in addition to any other sentence imposed
by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's
family; and
(ii) if the victim is deceased or already has been fully
compensated, payment of money to a victim assistance program or
other program directed by the court.
In controlled substance crime cases, "restitution" also
includes payment of compensation to a government entity that
incurs loss as a direct result of the controlled substance crime.
Sec. 4. Minnesota Statutes 1994, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. [TERMS AND CONDITIONS.] Except when a
sentence of life imprisonment is required by law, or when a
mandatory minimum sentence is required by section 609.11, any
court may stay imposition or execution of sentence and (a) may
order intermediate sanctions without placing the defendant on
probation, or (b) may place the defendant on probation with or
without supervision and on the terms the court prescribes,
including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of
the court, or, if there is none and the conviction is for a
felony or gross misdemeanor, by the commissioner of corrections,
or in any case by some other suitable and consenting person. No
intermediate sanction may be ordered performed at a location
that fails to observe applicable requirements or standards of
chapter 181A or 182, or any rule promulgated under them. For
purposes of this subdivision, subdivision 6, and section 609.14,
the term "intermediate sanctions" includes but is not limited to
incarceration in a local jail or workhouse, home detention,
electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical
dependency or mental health treatment or counseling,
restitution, fines, day-fines, community work service, and work
in lieu of or to work off fines and, with the victim's consent,
work in lieu of or to work off restitution.
A court may not stay the revocation of the driver's license
of a person convicted of violating the provisions of section
169.121.
Sec. 5. Minnesota Statutes 1995 Supplement, section
611A.01, is amended to read:
611A.01 [DEFINITIONS.]
For the purposes of sections 611A.01 to 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 (i) a corporation that incurs loss or harm as a result
of a crime, and (ii) any other entity authorized to receive
restitution under section 609.10 or 609.125. 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. 6. Minnesota Statutes 1995 Supplement, 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 is 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 sufficient evidence of a right to
restitution was has been submitted as required under paragraph
(a); and
(3) the true extent of the victim's loss or the loss of the
crime victims reparations board 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, and the crime victims reparations
board 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. 7. Minnesota Statutes 1994, section 611A.04,
subdivision 1a, is amended to read:
Subd. 1a. [CRIME BOARD REQUEST.] The crime victims
reparations board may request restitution on behalf of a victim
by filing a copy of orders of the board, if any, which detail
any amounts paid by the board to the victim. The board may file
the payment order with the court administrator or with the
person or agency the court has designated to obtain information
relating to restitution. In either event, The board shall
submit the payment order not less than three business days
before the sentencing or dispositional hearing after it is
issued by the board. The court administrator shall provide
copies of the payment order to the prosecutor and the offender
or the offender's attorney within 48 hours of receiving it from
the board or at least 24 hours before the sentencing or
dispositional hearing, whichever is earlier. By operation of
law, the issue of restitution may be is reserved or the
sentencing or disposition continued if the payment order is not
received in time at least three days before the sentencing or
dispositional hearing. The filing of a payment order for
reparations with the court administrator shall also serve as a
request for restitution by the victim. The restitution
requested by the board may be considered to be both on its own
behalf and on behalf of the victim. If the board has not paid
reparations to the victim or on the victim's behalf, restitution
may be made directly to the victim. If the board has paid
reparations to the victim or on the victim's behalf, the court
shall order restitution payments to be made directly to the
board.
Sec. 8. Minnesota Statutes 1994, section 611A.04,
subdivision 3, is amended to read:
Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] An order of
restitution may be enforced by any person named in the order to
receive the restitution, or by the crime victims reparations
board in the same manner as a judgment in a civil action. Any
order for restitution in favor of a victim shall also operate as
an order for restitution in favor of the crime victims
reparations board, if the board has paid reparations to the
victim or on the victim's behalf. Filing fees for docketing an
order of restitution as a civil judgment are waived for any
victim named in the restitution order. An order of restitution
shall be docketed as a civil judgment, in the name of any person
named in the order and in the name of the crime victims
reparations board, by the court administrator of the district
court in the county in which the order of restitution was
entered. The court administrator also shall notify the
commissioner of revenue of the restitution debt in the manner
provided in chapter 270A, the revenue recapture act. A juvenile
court is not required to appoint a guardian ad litem for a
juvenile offender before docketing a restitution order.
Interest shall accrue on the unpaid balance of the judgment as
provided in section 549.09. Whether the order of restitution
has been docketed or not, it is a debt that is not dischargeable
in bankruptcy. A decision for or against restitution in any
criminal or juvenile proceeding is not a bar to any civil action
by the victim or by the state pursuant to section 611A.61
against the offender. The offender shall be given credit, in
any order for judgment in favor of a victim in a civil action,
for any restitution paid to the victim for the same injuries for
which the judgment is awarded.
Sec. 9. Minnesota Statutes 1994, section 611A.25,
subdivision 3, is amended to read:
Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059
governs the filling of vacancies and removal of members of the
sexual assault advisory council. The terms of the members of
the advisory council shall be two years. No member may serve on
the advisory council for more than two consecutive terms.
Council members shall not receive per diem or expense
reimbursement as specified in section 15.059.
Sec. 10. Minnesota Statutes 1994, section 611A.361,
subdivision 3, is amended to read:
Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059
governs the filling of vacancies and removal of members of the
general crime victims advisory council. The terms of the
members of the advisory council shall be two years. No member
may serve on the advisory council for more than two consecutive
terms. Council members shall not receive per diem or expense
reimbursement as specified in section 15.059.
Sec. 11. [611A.78] [CRIME VICTIM SERVICES ROUNDTABLE.]
Subdivision 1. [MEMBERSHIP.] A crime victim services
roundtable is created and shall be convened by the commissioner
of administration or a designee. The roundtable membership
shall include representatives from the following: the
departments of health; human services; children, families, and
learning; corrections; and public safety; the supreme court; the
Minnesota planning agency; the office of the attorney general;
the office of crime victim ombudsman; the county attorneys
association; and the office of dispute resolution. The
roundtable membership shall also include one person representing
the four councils designated in sections 3.922, 3.9223, 3.9225,
and 3.9226.
Subd. 2. [DUTIES.] The crime victim services roundtable
shall meet at least four times each year to discuss issues
concerning victim services, including, but not limited to,
methods for improving the delivery of and securing increased
funding for victim services. The roundtable shall present to
the legislature any initiatives, including those for increasing
efficiency in the administration of services, which require
legislative action.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 8, and 11 are effective August 1, 1996.
Sections 9 and 10 are effective July 1, 1996.
ARTICLE 8
CORRECTIONS
Section 1. Minnesota Statutes 1995 Supplement, section
16B.181, is amended to read:
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.
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "public entity" or "public entities" include the state
and an agency, department, or institution of the state, and
state colleges and universities; and
(2) "items" include articles, products, supplies, and
services.
Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS
INDUSTRIES.] (a) The commissioner of corrections shall prepare
updated lists of the items available for purchase from
department of corrections industries and annually forward a copy
of the most recent list to all public entities within the
state. A public entity that is supported in whole or in part
with funds from the state treasury shall purchase directly from
corrections industries those items that are comparable in price,
quality, and delivery time to items available from other
vendors. An item is comparable in price if the price is no more
than five percent higher than the lowest bid price.
(b) The commissioner of administration shall develop a
contract pursuant to section 16B.09, to enable public entities
to purchase items directly from corrections industries. The
commissioner of administration, in consultation with the
commissioner of corrections, shall determine the fair market
price for listed items. In determining fair market price, the
commissioner shall use competitive bidding, or shall consider
open bid prices in previous years for similar products which
meet the needs of the public entity.
(c) No public entity may evade the intent of this section
by adopting slight variations in specifications, when Minnesota
corrections industry items meet the reasonable needs and
specifications of the public entity.
(d) As part of its ongoing audit process, the legislative
auditor is requested to ensure that state agencies are in
compliance with this section.
(c) (e) 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. By February 15, 1997, the task force shall report to the
chairs of the senate and house of representatives committees
having jurisdiction over criminal justice funding.
Sec. 2. [241.265] [HIGHER EDUCATION; CERTAIN PAYMENTS
PROHIBITED.]
The commissioner may not pay for a college education
program beyond the associate of arts degree level for an inmate
convicted of first or second degree murder. The commissioner of
corrections may only pay for an associate of arts college
education program for an inmate convicted of first or second
degree murder if the inmate's participation in the program does
not increase the cost of the program to the institution.
Sec. 3. Minnesota Statutes 1994, section 241.275, is
amended to read:
241.275 [PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL
FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.]
Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) As used in
this section, "correctional facility" includes a community-based
day program to which an offender is sentenced in lieu of
incarceration, if the program provides close supervision of
offenders through such means as electronic monitoring and drug
and alcohol testing.
(b) The counties of Hennepin, Ramsey, and St. Louis shall
each establish a productive day initiative program in their
correctional facilities as described in this section. The
productive day program shall be designed to motivate inmates
sentenced offenders in local correctional facilities to develop
basic life and work skills through training and education,
thereby creating opportunities for inmates on release offenders
to achieve more successful integration into the community upon
their release.
Subd. 2. [PROGRAM COMPONENTS.] The productive day
initiative programs shall include components described in
paragraphs (a) to (c).
(a) The initiative programs shall contain programs designed
to promote the inmate's offender's self-esteem, self-discipline,
and economic self-sufficiency by providing structured training
and education with respect to basic life skills, including
hygiene, personal financial budgeting, literacy, and conflict
management.
(b) The programs shall contain individualized educational,
vocational, and work programs designed to productively occupy an
inmate offender for at least eight hours a day.
(c) The program administrators shall develop correctional
industry programs, including marketing efforts to attract work
opportunities both inside correctional facilities and outside in
the community. Program options may include expanding and
reorganizing on-site industry programs, locating off-site
industry work areas, and community service work programs, and
employment programs. To develop innovative work programs,
program administrators may enlist members of the business and
labor community to help target possible productive enterprises
for inmate offender work programs.
(d) Whenever inmates offenders are assigned to work within
the correctional facility or with any state department or
agency, local unit of government, or other government
subdivision, the program administrator must certify to the
appropriate bargaining agent that work performed by inmates
offenders will not result in the displacement of current
employed workers or workers on seasonal layoff or layoff from a
substantially equivalent position, including partial
displacement such as reduction in hours of work other than
overtime work, wages, or other employment benefits.
Subd. 3. [ELIGIBILITY.] The administrators of each
productive day program shall develop criteria for inmate
offender eligibility for the program.
Subd. 4. [EVALUATION.] The administrators of each of the
productive day initiative programs shall develop program
evaluation tools to monitor the success of the programs.
Subd. 5. [REPORT.] Hennepin, Ramsey, and St. Louis
counties shall each report results of their evaluations to the
chairs of the house judiciary finance division and the senate
crime prevention finance division by July 1, 1996.
Sec. 4. Minnesota Statutes 1995 Supplement, section
243.212, is amended to read:
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 obligations for health
care services provided. The copayment will be paid from the
inmate account of earnings and other funds, as provided in
section 243.23, subdivision 3. The funds paid under this
subdivision are appropriated to the commissioner of corrections
for the delivery of health care services to inmates.
Sec. 5. [243.555] [SMOKING BY INMATES PROHIBITED.]
No inmate in a state correctional facility may possess or
use tobacco or a tobacco-related device. For the purposes of
this section, "tobacco" and "tobacco-related device" have the
meanings given in section 609.685, subdivision 1. This section
does not prohibit the possession or use of tobacco or a
tobacco-related device by an adult as a part of a traditional
Indian spiritual or cultural ceremony. For purposes of this
section, an Indian is a person who is a member of an Indian
tribe as defined in section 257.351, subdivision 9.
Sec. 6. Minnesota Statutes 1994, section 244.17,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] The commissioner must limit the
challenge incarceration program to the following persons:
(1) offenders who are committed to the commissioner's
custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's
custody for a, who have 36 months or less in or remaining in
their term of imprisonment of not less than 18 months nor more
than 36 months, and who did not receive a dispositional
departure under the sentencing guidelines.
An eligible inmate is not entitled to participate in the program.
Sec. 7. Minnesota Statutes 1994, section 244.172,
subdivision 2, is amended to read:
Subd. 2. [PHASE II.] Phase II of the program lasts at
least six months. The offender shall serve this phase of the
offender's sentence in an intensive supervision and surveillance
program established by the commissioner. The commissioner may
impose such requirements on the offender as are necessary to
carry out the goals of the program. Throughout phase II, the
offender must be required to submit to drug and alcohol tests
randomly or for cause, on demand of the supervising agent. The
commissioner shall also require the offender to report daily to
a day-reporting facility designated by the commissioner. In
addition, if the commissioner required the offender to undergo
acupuncture during phase I, the offender must submit to
acupuncture treatment throughout phase II, on demand of the
supervising agent.
Sec. 8. Minnesota Statutes 1994, section 260.311,
subdivision 3a, is amended to read:
Subd. 3a. [DETAINING PERSON ON CONDITIONAL RELEASE OR
PROBATION.] (a) The written order of the court services director
or designee of a county probation agency not organized under
chapter 401 is sufficient authority for peace officers and
county probation officers serving a the district or juvenile
court may, without a warrant of nonparticipating counties when
it appears necessary to prevent escape or enforce discipline, to
take and detain a probationer or any person on conditional
release and bring that person before the court or the
commissioner of corrections, whichever is appropriate, for
disposition. No probationer or other person on conditional
release shall be detained under this subdivision more than 72
hours, excluding Saturdays, Sundays and holidays, without being
given an opportunity for a hearing before the court or the
commissioner of corrections or a designee.
(b) The written order of the court services director or
designee of a county probation agency not established under
chapter 401 is sufficient authority for probation officers
serving the district and juvenile courts of nonparticipating
counties to release within 72 hours, exclusive of legal
holidays, Saturdays, and Sundays, without appearance before the
court or the commissioner of corrections or a designee, any
person detained pursuant to paragraph (a).
(c) The written order of the chief executive officer or
designee of a county corrections agency established under this
section and not organized under chapter 401 is sufficient
authority for any peace officer or county probation officer to
take and place in actual custody any person under sentence or on
probation who:
(1) fails to report to serve a sentence at a local
correctional facility, as defined in section 241.021,
subdivision 1;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escape from a local correctional facility; or
(4) absconds from court-ordered home detention.
(d) The written order of the court services director or
designee of a county probation agency established under this
section and not organized under chapter 401 is sufficient
authority for any peace officer or county probation officer to
take and place in actual custody any person on a
court-authorized pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
Sec. 9. Minnesota Statutes 1994, section 352.90, is
amended to read:
352.90 [POLICY.]
It is the policy of the legislature to provide special
retirement benefits and contributions for certain correctional
employees who may be required to retire at an early age because
they lose the mental or physical capacity required to maintain
the safety, security, discipline, and custody of inmates at
state adult correctional facilities or of patients at the
Minnesota security hospital or at the Minnesota sexual
psychopathic personality treatment center.
Sec. 10. Minnesota Statutes 1994, section 352.91,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFYING JOBS.] "Covered correctional
service" means: (1) services service performed on, before, or
after July 1, 1973, by a state employee, as defined in section
352.01, employed at a state correctional facility, the Minnesota
security hospital, or the Minnesota sexual psychopathic
personality treatment center as an attendant guard, attendant
guard supervisor, correctional captain, correctional counselor
I, correctional counselor II, correctional counselor III,
correctional counselor IV, correctional lieutenant, correctional
officer, correctional sergeant, director of attendant guards,
and guard farmer garden, provided the employee was employed in
the position on July 1, 1973, or after; (2) services performed
before July 1, 1973, by an employee covered under clause (1) in
a position classified as a houseparent, special schools
counselor, shop instructor, or guard instructor; and (3)
services performed before July 1, 1973, in a position listed in
clause (1) and positions classified as houseparent, guard
instructor, and guard farmer dairy, by a person employed on July
1, 1973, in a position classified as a license plant manager,
prison industry lead supervisor (general, metal fabricating and
foundry), prison industry supervisor, food service manager,
prison farmer supervisor, prison farmer assistant supervisor, or
rehabilitation therapist employed at the Minnesota security
hospital. However, an employee is not covered under sections
352.91 to 352.951 if first employed after July 1, 1973, and
because of age could not acquire sufficient service to qualify
for an annuity as a correctional employee:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer supervisor;
(5) a corrections officer 4;
(6) a corrections captain;
(7) a security counselor; or
(8) a security counselor lead.
Sec. 11. Minnesota Statutes 1994, section 352.91,
subdivision 2, is amended to read:
Subd. 2. [TEACHING, MAINTENANCE, AND TRADES.] "Covered
correctional service" also means service rendered at any time by
state employees as special teachers, maintenance personnel, and
members of trades certified by the commissioner of employee
relations as being regularly engaged in rehabilitation,
treatment, custody, or supervision of inmates employed at the a
Minnesota correctional facility-St. Cloud, the Minnesota
correctional facility-Stillwater and the Minnesota correctional
facility-Shakopee on or after July 1, 1974, other than any
employees who are age 62 or older as of July 1, 1974. Effective
the first payroll period after June 1, 1980, or the date of
initial employment in covered correctional service, whichever is
later, "covered correctional service" also includes those
employees of the Minnesota correctional facility-Lino Lakes and
the employees of any other adult state correctional facility
which may be established, who perform covered correctional
service after June 1, 1980. "Special teacher" also includes the
classifications of facility educational administrator and
supervisor facility, or of patients at the Minnesota security
hospital or at the Minnesota sexual psychopathic personality
treatment center.
Sec. 12. Minnesota Statutes 1994, section 352.91, is
amended by adding a subdivision to read:
Subd. 2a. [SPECIAL TEACHERS.] "Covered correctional
service" also means service rendered by a state employee as a
special teacher employed by the department of corrections or by
the department of human services at a security unit, provided
that at least 75 percent of the employee's working time is spent
in direct contact with inmates or patients and the fact of this
direct contact is certified to the executive director by the
appropriate commissioner, unless the person elects to retain the
current retirement coverage under section 21.
Sec. 13. Minnesota Statutes 1994, section 352.91,
subdivision 3b, is amended to read:
Subd. 3b. [OLDER EMPLOYEES FORMERLY EXCLUDED.] "Covered
correctional service" also means service performed by certain
state employees in positions usually covered by this section
who: (1) were excluded by law from coverage between July 1973
and July 1980; (2) were age 45 or over when hired; (3) are were
state employees on March 26, 1986; and (4) elect who elected
coverage. Eligible employees who elect coverage must file
written notice of their election with the director before July
1, 1986. An employee who did not elect coverage before July 1,
1986, is not covered by the correctional retirement plan, even
if the employee's employment classification may be considered to
be covered correctional service under another subdivision of
this section.
Sec. 14. Minnesota Statutes 1994, section 352.91, is
amended by adding a subdivision to read:
Subd. 3c. [NURSING PERSONNEL.] (a) "Covered correctional
service" means service by a state employee in one of the
employment positions at a correctional facility or at the
Minnesota security hospital specified in paragraph (b), provided
that at least 75 percent of the employee's working time is spent
in direct contact with inmates or patients and the fact of this
direct contact is certified to the executive director by the
appropriate commissioner, unless the person elects to retain the
current retirement coverage under section 21.
(b) The employment positions are as follows:
(1) registered nurse - senior;
(2) registered nurse;
(3) registered nurse - principal; and
(4) licensed practical nurse 2.
Sec. 15. Minnesota Statutes 1994, section 352.91, is
amended by adding a subdivision to read:
Subd. 3d. [OTHER CORRECTIONAL PERSONNEL.] (a) "Covered
correctional service" means service by a state employee in one
of the employment positions at a correctional facility or at the
Minnesota security hospital specified in paragraph (b), provided
that at least 75 percent of the employee's working time is spent
in direct contact with inmates or patients and the fact of this
direct contact is certified to the executive director by the
appropriate commissioner, unless the person elects to retain the
current retirement coverage under section 21.
(b) The employment positions are as follows: baker,
chemical dependency counselor supervisor, chief cook, cook, cook
coordinator, corrections behavior therapist, corrections
behavior therapist specialist, corrections parent education
coordinator, corrections security caseworker, corrections
security caseworker career, corrections teaching assistant,
dentist, electrician supervisor, general repair worker,
library/information research services specialist, library
information research services specialist senior, plumber
supervisor, psychologist 3, recreation therapist, recreation
therapist coordinator, recreation program assistant, recreation
therapist senior, stores clerk senior, water treatment plant
operator, work therapy technician, work therapy assistant, work
therapy program coordinator.
Sec. 16. Minnesota Statutes 1994, section 352.91,
subdivision 4, is amended to read:
Subd. 4. [CERTIFICATION PROCEDURE FOR ADDITIONAL
POSITIONS.] Upon the recommendation of the commissioner of
corrections or the commissioner of human services, whichever is
the appropriate employing authority, with the approval of the
legislative advisory committee and with notification to and
receipt of comments from the legislative commission on pensions
and retirement, the commissioner of employee relations may
certify additional civil service classifications positions at a
state correctional or security hospital facilities facility, the
Minnesota security hospital, or the Minnesota sexual
psychopathic personality treatment center to the executive
director of the Minnesota state retirement system as positions
rendering covered correctional service. The commissioner of
corrections and the commissioner of human services must
establish, in writing, a set of criteria upon which to base a
recommendation for certifying additional civil service
classifications as rendering covered correctional service.
Sec. 17. Minnesota Statutes 1994, section 352.91, is
amended by adding a subdivision to read:
Subd. 5. [CORRECTION OF ERRORS.] (a) If it is determined
that an employee should have been covered by the correctional
retirement plan but was placed in the general employees
retirement plan or teachers retirement association in error, the
commissioner of corrections or the commissioner of human
services must report the error to the executive director of the
Minnesota state retirement system. The service must be properly
credited under the correctional employees retirement plan for a
period of not to exceed five years before the date on which the
commissioner of corrections or human services notifies the
executive director of the Minnesota state retirement system in
writing or five years from the date on which an employee
requests, in writing, the applicable department to determine if
the person has appropriate retirement plan coverage, whichever
is earlier. If the error covers more than a five-year period,
the service before the five-year period must remain under the
plan originally credited the service. The employee shall pay
the difference between the employee contributions actually paid
during the five-year period and what should have been paid under
the correctional employees retirement plan. The department
making the error shall pay to the correctional employees
retirement plan an amount equal to the difference in the present
value of accrued retirement benefits caused by the change in
coverage after subtracting the amount paid by the employee.
Calculation of this amount must be made by the executive
director of the Minnesota state retirement system using the
applicable preretirement interest rate specified in section
356.215, subdivision 4d, and the mortality table adopted for the
Minnesota state retirement system. The calculation must assume
continuous future service in the correctional employees
retirement plan until the employee would reach the age eligible
for normal retirement. The calculation must also assume a
future salary history that includes annual salary increases at
the salary increase rate or rates specified in section 356.215,
subdivision 4d.
(b) If an employee was covered under the correctional
employees retirement plan, but it is determined that the person
should have been covered under the general employees retirement
plan, the error must be corrected if written notification is
provided to the employee and the executive director of the
Minnesota state retirement system within three years of the date
on which the coverage was improperly started. The difference in
employee and employer contributions actually paid to the
correctional employees retirement plan in excess of the amount
that should have been paid to the general employees retirement
plan must be refunded to the employee and the employer paying
the additional contributions.
Sec. 18. Minnesota Statutes 1994, section 352.92,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYER CONTRIBUTIONS.] (a) In lieu of employer
contributions payable under section 352.04, subdivision 3, the
employer shall contribute for covered correctional employees an
amount equal to 6.27 6.75 percent of salary.
(b) By January 1 of each year, the board of directors shall
report to the legislative commission on pensions and retirement,
the chair of the committee on appropriations of the house of
representatives, and the chair of the committee on finance of
the senate on the amount raised by the employer and employee
contribution rates in effect and whether the total amount is
less than, the same as, or more than the actuarial requirement
determined under section 356.215.
Sec. 19. Minnesota Statutes 1994, section 401.10, is
amended to read:
401.10 [COMMUNITY CORRECTIONS EQUALIZATION FORMULA AID.]
Subdivision 1. [AID CALCULATIONS.] To determine
the community corrections aid amount to be paid to each
participating counties county, the commissioner of
corrections will must apply the following formula:
(1) All 87 counties will be scored in accordance with a
formula involving four factors:
(a) per capita income;
(b) per capita net tax capacity;
(c) per capita expenditure per 1,000 population for
correctional purposes, and;
(d) percent of county population aged six through 30 years
of age according to the most recent federal census, and, in the
intervening years between the taking of the federal census,
according to the state demographer.
"Per capita expenditure per 1,000 population" for each
county is to be determined by multiplying the number of persons
convicted of a felony under supervision in each county at the
end of the current year by $350. To the product thus obtained
will be added:
(i) the number of presentence investigations completed in
that county for the current year multiplied by $50;
(ii) the annual cost to the county for county probation
officers' salaries for the current year; and
(iii) 33-1/3 percent of such annual cost for probation
officers' salaries.
The total figure obtained by adding the foregoing items is
then divided by the total county population according to the
most recent federal census, or, during the intervening years
between federal censuses, according to the state demographer.
(2) The percent of county population aged six through 30
years shall be determined according to the most recent federal
census, or, during the intervening years between federal
censuses, according to the state demographer.
(3) Each county is then scored as follows:
(a) Each county's per capita income is divided into the 87
county average;
(b) Each county's per capita net tax capacity is divided
into the 87 county average;
(c) Each county's per capita expenditure for correctional
purposes is divided by the 87 county average;
(d) Each county's percent of county population aged six
through 30 is divided by the 87 county average.
(4) The scores given each county on each of the foregoing
four factors are then totaled and divided by four.
(5) The quotient thus obtained then becomes the computation
factor for the county. This computation factor is then
multiplied by a "dollar value," as fixed by the appropriation
pursuant to sections 401.01 to 401.16, times the total county
population. The resulting product is the amount of subsidy to
which the county is eligible under sections 401.01 to 401.16.
Notwithstanding any law to the contrary, the commissioner of
corrections, after notifying the committees on finance of the
senate and appropriations of the house of representatives, may,
at the end of any fiscal year, transfer any unobligated funds in
any appropriation to the department of corrections to the
appropriation under sections 401.01 to 401.16, which
appropriation shall not cancel but is reappropriated for the
purposes of sections 401.01 to 401.16.
(1) For each of the 87 counties in the state, a percent
score must be calculated for each of the following five factors:
(a) percent of the total state population aged ten to 24
residing within the county according to the most recent federal
census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the
state demographer;
(b) percent of the statewide total number of felony case
filings occurring within the county, as determined by the state
court administrator;
(c) percent of the statewide total number of juvenile case
filings occurring within the county, as determined by the state
court administrator;
(d) percent of the statewide total number of gross
misdemeanor case filings occurring within the county, as
determined by the state court administrator; and
(e) percent of the total statewide number of convicted
felony offenders who did not receive an executed prison
sentence, as monitored and reported by the sentencing guidelines
commission.
The percents in clauses (b) to (e) must be calculated by
combining the most recent three-year period of available data.
The percents in clauses (a) to (e) each must sum to 100 percent
across the 87 counties.
(2) For each of the 87 counties, the county's percents in
clauses (a) to (e) must be weighted, summed, and divided by the
sum of the weights to yield an average percent for each county,
referred to as the county's "composite need percent." When
performing this calculation, the weight for each of the percents
in clauses (a) to (e) is 1.0. The composite need percent must
sum to 100 percent across the 87 counties.
(3) For each of the 87 counties, the county's "adjusted net
tax capacity percent" is the county's adjusted net tax capacity
amount, defined in the same manner as it is defined for cities
in section 477A.011, subdivision 20, divided by the statewide
total adjusted net tax capacity amount. The adjusted net tax
capacity percent must sum to 100 percent across the 87 counties.
(4) For each of the 87 counties, the county's composite
need percent must be divided by the county's adjusted net tax
capacity percent to produce a ratio that, when multiplied by the
county's composite need percent, results in the county's "tax
base adjusted need percent."
(5) For each of the 87 counties, the county's tax base
adjusted need percent must be added to twice the composite need
percent, and the sum must be divided by 3, to yield the county's
"weighted need percent."
(6) Each participating county's weighted need percent must
be added to the weighted need percent of each other
participating county to yield the "total weighted need percent
for participating counties."
(7) Each participating county's weighted need percent must
be divided by the total weighted need percent for participating
counties to yield the county's "share percent." The share
percents for participating counties must sum to 100 percent.
(8) Each participating county's "base funding amount" is
the aid amount that the county received under this section for
fiscal year 1995, as reported by the commissioner of
corrections. In fiscal year 1997 and thereafter, no county's
aid amount under this section may be less than its base funding
amount, provided that the total amount appropriated for this
purpose is at least as much as the aggregate base funding amount
defined in clause (9).
(9) The "aggregate base funding amount" is equal to the sum
of the base funding amounts for all participating counties. If
a county that participated under this section during fiscal year
1995 chooses not to participate in any given year, then the
aggregate base funding amount must be reduced by that county's
base funding amount. If a county that did not participate under
this section in fiscal year 1995 chooses to participate in any
given year, then the aggregate base funding amount must be
increased by the amount of aid that the county would have
received had it participated in fiscal year 1995, as reported by
the commissioner of corrections, and the amount of increase
shall be that county's base funding amount.
(10) In any given year, the total amount appropriated for
this purpose first must be allocated to participating counties
in accordance with each county's base funding amount. Then, any
remaining amount in excess of the aggregate base funding amount
must be allocated to participating counties in proportion to
each county's share percent, and is referred to as the county's
"formula amount."
Each participating county's "community corrections aid
amount" equals the sum of (i) the county's base funding amount,
and (ii) the county's formula amount.
However, if in any year the total amount appropriated for
the purpose of this section is less than the aggregate base
funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base
funding amount multiplied by (ii) the ratio of the total amount
appropriated to the aggregate base funding amount.
For each participating county, the county's community
corrections aid amount calculated in this subdivision is the
total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
Subd. 2. [TRANSFER OF FUNDS.] Notwithstanding any law to
the contrary, the commissioner of corrections, after notifying
the committees on finance of the senate and ways and means of
the house of representatives, may, at the end of any fiscal
year, transfer any unobligated funds in any appropriation to the
department of corrections to the appropriation under sections
401.01 to 401.16, which appropriation shall not cancel but is
reappropriated for the purposes of sections 401.01 to 401.16.
Subd. 3. [FORMULA REVIEW.] Prior to January 16, 2002, the
committees with jurisdiction over community corrections funding
decisions in the house of representatives and the senate, in
consultation with the department of corrections and any
interested county organizations, must review the formula in
subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation.
Sec. 20. Minnesota Statutes 1995 Supplement, 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 provided by a county
correctional facility. The county board shall determine the
copayment amount. Notwithstanding any law to the contrary, the
copayment shall be deducted from any of the prisoner's funds
held by the county, to the extent possible. 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. 21. [TEMPORARY PROVISION; ELECTION TO RETAIN
RETIREMENT COVERAGE.]
(a) An employee in a position specified as qualifying under
sections 12, 14, and 15, may elect to retain coverage under the
general employees retirement plan of the Minnesota state
retirement system or the teachers retirement association, or may
elect to have coverage transferred to and to contribute to the
correctional employees retirement plan. An employee electing to
participate in the correctional employees retirement plan shall
begin making contributions to the correctional plan beginning
the first full pay period after January 1, 1997, or the first
full pay period following filing of their election to transfer
coverage to the correctional employees retirement plan,
whichever is later. The election to retain coverage or to
transfer coverage must be made in writing by the person on a
form prescribed by the executive director of the Minnesota state
retirement system and must be filed with the executive director
no later than June 30, 1997.
(b) An employee failing to make an election by June 15,
1997, must be notified by certified mail by the executive
director of the Minnesota state retirement system or of the
teachers retirement association, whichever applies, of the
deadline to make a choice. A person who does not submit an
election form must continue coverage in the general employees
retirement plan or the teachers retirement association,
whichever applies, and forfeits all rights to transfer
retirement coverage to the correctional employees retirement
plan.
(c) The election to retain coverage in the general employee
retirement plan or the teachers retirement association or the
election to transfer retirement coverage to the correctional
employees retirement plan is irrevocable once it is filed with
the executive director.
Sec. 22. [COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN
PERSONS.]
Subdivision 1. [ELECTION OF PRIOR STATE SERVICE
COVERAGE.] (a) An employee who has future retirement coverage
transferred to the correctional employees retirement plan under
sections 12, 14, and 15, and who does not elect to retain
general state employee retirement plan or teachers retirement
association coverage is entitled to elect to obtain prior
service credit for eligible state service performed on or after
July 1, 1975, and before the first day of the first full pay
period beginning after June 30, 1997, with the department of
corrections or with the department of human services at the
Minnesota security hospital. All prior service credit must be
purchased.
(b) Eligible state service with the department of
corrections or with the department of human services is any
prior period of continuous service on or after July 1, 1975,
performed as an employee of the department of corrections or of
the department of human services that would have been eligible
for the correctional employees retirement plan coverage under
sections 12, 14, and 15, if that prior service had been
performed after the first day of the first full pay period
beginning after December 31, 1996, rather than before that
date. Service is continuous if there has been no period of
discontinuation of eligible state service for a period greater
than 180 calendar days.
(c) The department of corrections or the department of
human services, whichever applies, shall certify eligible state
service to the executive director of the Minnesota state
retirement system.
(d) A covered correctional plan employee employed on
January 1, 1997, who has past service in a job classification
covered under section 12, 14, or 15 on January 1, 1997, is
entitled to purchase the past service if the applicable
department certifies that the employee met the eligibility
requirements for coverage. The employee must make the
additional employee contributions under section 17. Payments
for past service must be completed by June 30, 1999.
Subd. 2. [PAYMENT FOR PRIOR SERVICE.] (a) An employee
electing to obtain prior service credit under subdivision 1 must
pay an additional employee contribution for that prior service
except for any period of time that the employee was a member of
the basic program of the teachers retirement association. The
additional member contribution is the contribution differential
percentage applied to the actual salary paid to the employee
during the period of the prior eligible state service, plus
interest at the rate of six percent per annum, compounded
annually. The contribution differential percentage is the
difference between 4.9 percent of salary and the applicable
employee contribution rate of the general state employees
retirement plan or the teachers retirement association during
the prior eligible state service.
(b) The additional member contribution must be paid only in
a lump sum. Payment must accompany the election to obtain prior
service credit. No election or payment may be made by the
person or accepted by the executive director after June 30, 1999.
Subd. 3. [TRANSFER OF ASSETS.] Assets must be transferred
from the teachers retirement association or the general state
employees retirement plan, whichever applies, to the
correctional employees retirement plan in an amount equal to the
present value of benefits earned under the general employees
retirement plan or the teachers retirement plan, whichever
applies, for each employee transferring to the correctional
employees retirement plan, as determined by the actuary retained
by the legislative commission on pensions and retirement in
accordance with Minnesota Statutes, section 356.215, multiplied
by the accrued liability funding ratio of active members as
derived from the most recent actuarial valuation prepared by the
commission-retained actuary. The transfer of assets must be
made within 45 days after the employee elects to transfer
coverage to the correctional employees retirement plan.
Subd. 4. [EFFECT OF THE ASSET TRANSFER.] Upon the transfer
of assets in subdivision 3, service credit in the general state
employees plan of the Minnesota state retirement system or the
teachers retirement association, whichever applies, is forfeited
and may not be reinstated. The service credit and transferred
assets must be credited to the correctional employees retirement
plan.
Subd. 5. [COUNSELING.] (a) The commissioners of
corrections, human services, and employee relations, and the
executive directors of the Minnesota state retirement system and
teachers retirement association have the joint responsibility of
providing affected employees of the department of corrections or
the department of human services with appropriate and timely
retirement and related benefit counseling.
(b) Counseling must include the anticipated impact of the
retirement coverage change on the person's future retirement
benefit amounts, future retirement eligibility, future
applicability of mandatory retirement laws, and future
postemployment insurance coverage.
(c) The commissioners of corrections and human services
must consult with the appropriate collective bargaining agents
of the affected employees regarding the content, form, and
timing of the counseling required by this section.
Sec. 23. [TRANSITIONAL PROVISION; RETENTION OF CERTAIN
RIGHTS.]
(a) Nothing in this article may be considered to restrict
the entitlement of a person under state law to repay a
previously taken refund of employee or member contributions to a
Minnesota public pension plan if all qualifying requirements are
met.
(b) The period of correctional employees retirement plan
contributions, plus interest, must be restored upon the
repayment of the appropriate refund amount if the service was
correctional employees retirement plan covered service on the
date when the service was rendered or on the date when the
refund was taken.
Sec. 24. [EARLY RETIREMENT INCENTIVE.]
This section applies to an employee who has future
retirement coverage transferred to the correctional employee
retirement plan under sections 12, 14, and 15, and who is at
least 55 years old on the effective date of sections 12, 14, and
15. That employee may participate in a health insurance early
retirement incentive available under the terms of a collective
bargaining agreement in effect on the day before the effective
date of sections 12, 14, and 15, notwithstanding any provision
of the collective bargaining agreement that limits participation
to persons who select the option during the payroll period in
which their 55th birthday occurs. A person selecting the health
insurance early retirement incentive under this section must
retire by the later of December 31, 1997, or within the pay
period following the time at which the person has at least three
years of covered correctional service, including any purchased
service credit. An employee meeting this criteria who wishes to
extend the person's employment must do so under Minnesota
Statutes, section 43A.34, subdivision 3.
Sec. 25. [INMATE RECIDIVISM STUDY.]
The legislative audit commission is requested to direct the
legislative auditor to analyze and report on the recidivism
rates of felons released from state and local correctional
facilities and programs. If the commission directs the auditor
to conduct this evaluation, the auditor shall report to the
chairs of the senate and house of representatives committees
having jurisdiction over criminal justice policy by February 15,
1997.
Sec. 26. [SYSTEMWIDE EVALUATION OF CORRECTIONS.]
Subdivision 1. [COMMISSIONER'S DUTIES.] The commissioner
of administration shall conduct a thorough evaluation of the
state's correctional system, including:
(1) the operation of state correctional facilities,
including:
(i) programming;
(ii) staffing; and
(iii) medical services; and
(2) strategic planning to meet the state's correctional
needs.
The commissioner shall evaluate the effectiveness of current
correctional policies and recommend appropriate alternatives and
cost savings.
Subd. 2. [REPORT REQUIRED.] By December 15, 1996, the
commissioner shall report to the chairs of the senate and house
of representatives committees having jurisdiction over criminal
justice policy and funding on the results of the evaluation.
Sec. 27. [EVALUATION OF PRISON INDUSTRY PROGRAM BY
CONSULTANT.]
By May 15, 1996, the commissioner of administration shall
issue a request for proposals to serve as a consultant to
evaluate the operation of prison industries in this state. By
July 1, 1996, the commissioner shall select the consultant. The
consultant shall develop a five-year business plan and report on
the contents of the plan as required in section 28.
Sec. 28. [FIVE-YEAR BUSINESS PLAN TO BE DEVELOPED BY
MINNCOR AND CONSULTANT.]
Subdivision 1. [BUSINESS PLANS.] (a) MinnCor and the
consultant retained under section 26 shall develop five-year
business plans for the operation of prison industries at state
and local correctional facilities. By February 1, 1997, the
consultant and the chief executive officer of MinnCor shall
report to the governor and the majority and minority leaders of
the senate and house of representatives on the contents of the
respective plans.
(b) Representatives of labor organizations certified to
represent MinnCor employees may also develop a five-year
business plan either separately or in conjunction with MinnCor
and submit it to the governor and the majority and minority
leaders of the senate and house of representatives by February
1, 1997.
(c) The consultant and MinnCor shall consult with the
representatives of labor organizations certified to represent
MinnCor employees in preparing the five-year plans.
Subd. 2. [ACCESS TO INFORMATION.] (a) In developing the
five-year plan, the consultant shall have access to:
(1) all records kept by MinnCor in the course of its
business, including financial records;
(2) all correctional facilities;
(3) all noninmate employees of MinnCor; and
(4) all inmates employed by MinnCor.
Representatives of labor organizations developing a five-year
plan pursuant to subdivision 1, paragraph (b), shall also have
all the access specified in this subdivision.
(b) The consultant shall have the right to conduct private,
confidential interviews with all inmate and noninmate employees
of MinnCor who consent to be interviewed.
The commissioner of corrections and the chief executive
officer of MinnCor shall cooperate with the consultant and the
exclusive representatives to ensure that the access specified in
this subdivision is given.
Subd. 3. [CONSULTANT'S PLAN.] (a) In developing a
five-year business plan, the consultant shall assume that a
private corporation will be operating prison industries and that
the corporation will be required to:
(1) employ at least the same number of inmates by the end
of its first year of operation as MinnCor employed on July 1,
1996;
(2) initially offer employment to noninmate MinnCor
employees prior to any other hiring, to fill available positions
at the same salaries and benefits, including pension benefits,
as the employees were earning as of July 1, 1996;
(3) operate without any state subsidy;
(4) provide adequate security at its own expense, including
training employees in security techniques that conform to
established standards of security and control specified in the
American correctional association's standards for adult
correctional institutions;
(5) provide maintenance for leased facilities and
equipment;
(6) continue to operate commercial and industrial
activities suitable to the profitable employment, vocational
training, and development of proper work habits of inmates at
correctional facilities; and
(7) demonstrate it has the experience and financial
capacity to comply with appropriate correctional standards and
court orders.
(b) In developing its five-year business plan, the
consultant shall also assume:
(1) that the corporation will be able to lease all, or any
percentage, of the facilities and equipment used by MinnCor on
July 1, 1996, to operate its business for $1 per year;
(2) that the corporation may operate as a corporation
deemed to be primarily acting as an instrumentality of the state
with Minnesota Statutes, sections 3.732, 3.736, 3.738, and 3.739
applying to it;
(3) that the corporation will be liable within the
limitations provided by applicable law for inmate injury due to
its negligence;
(4) that members of the corporation's board of directors
will not be liable to any inmate for any injury sustained in an
industry program;
(5) that inmates will not be considered employees of the
corporation for any purpose; and
(6) that if the corporation is dissolved or otherwise
ceases to function effectively, any interest of the corporation
in buildings, land, furnishings, fixtures, equipment, and other
chattels purchased or leased in connection with its operation of
industry programs shall automatically revert, subject to valid
security interests, to the department of corrections.
(c) The plan must address the possibility of future capital
expansion and improvements of industry programs at state and
local correctional facilities. Specifically, the plan must
address the need for additional equipment and buildings, and
improvements to existing equipment and buildings. The plan may
assume that the state will finance these expenses, but will
require the corporation to enter into leases to reimburse these
expenses at cost.
(d) The plan must describe the advantages and disadvantages
of a private corporation operating prison industries as opposed
to the department of corrections, specifically as relating to
purchases, sales, management, marketing, security, and personnel
decisions, including recruitment, retention, and training of
employees.
(e) The plan must describe the most feasible method and
timetable for transferring the assets and operations of MinnCor
if a private corporation were to assume control over prison
industries.
(f) The plan must consider the impact on Minnesota
businesses of expanding industry products and services sold to
the private and public sector.
Subd. 4. [FIVE-YEAR PLANS OF CONSULTANT AND MINNCOR.] At a
minimum, and in addition to the requirements applicable only to
the consultant's plan contained in subdivision 3, both the
consultant and MinnCor shall address in the respective five-year
business plans:
(1) methods to increase the number of inmate workers;
(2) methods to increase profits and expand markets,
including recommended changes in the state use law;
(3) proposed new product lines;
(4) methods to employ inmates who require lower security in
settings outside state and local correctional facilities;
(5) appropriate compensation for management, employees, and
inmates;
(6) methods to assist inmate employees in obtaining
employment upon the inmate's release from confinement; and
(7) methods to determine what effect employment in a prison
industry program has upon recidivism of inmates who have
participated in the program, including methods to track former
inmate employees to determine recidivism.
Sec. 29. [REPEALER.]
Minnesota Statutes 1994, section 352.91, subdivision 3, is
repealed.
Sec. 30. [EFFECTIVE DATE.]
Section 1 is effective June 1, 1996.
Sections 2, 3, 7, and 8 are effective August 1, 1996.
Sections 4 and 20 are effective July 1, 1996.
Section 5 is effective August 1, 1997.
Sections 6 and 25 to 28 are effective the day following
final enactment.
Sections 9 to 18, 21 to 24, and 29 are effective on the
first day of the first full pay period beginning after January
1, 1997.
Section 19 is effective July 1, 1996, and shall be used for
calculating the community correction aid distribution for fiscal
year 1997 and thereafter.
ARTICLE 9
EXPUNGEMENT
Section 1. Minnesota Statutes 1994, section 13.99,
subdivision 53a, is amended to read:
Subd. 53a. [CONTROLLED SUBSTANCE CONVICTIONS.] Data on
certain convictions for controlled substances offenses may be
expunged under section 152.18, subdivisions 2 and subdivision 3.
Sec. 2. Minnesota Statutes 1995 Supplement, 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 bureau
of criminal apprehension 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 bureau
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 bureau which 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 1995 Supplement, 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 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. 4. Minnesota Statutes 1994, section 242.31,
subdivision 2, is amended to read:
Subd. 2. Whenever a person described in subdivision 1 has
been placed on probation by the court pursuant to section
609.135 and, after satisfactory fulfillment of it, is discharged
from probation, the court shall issue an order of discharge
pursuant to subdivision 2a and section 609.165. On application
of the defendant or on its own motion and after notice to the
county attorney, the court in its discretion may also order that
the defendant's conviction be set aside with the same effect as
a court order under subdivision 1.
These orders restore This order restores the defendant to
civil rights and purge and free the defendant from all penalties
and disabilities arising from the defendant's conviction and the
conviction shall not thereafter be used against the defendant,
except in a criminal prosecution for a subsequent offense if
otherwise admissible therein. In addition, the record of the
defendant's conviction shall be sealed and may 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 court or the
department of public safety shall notify the requesting party of
the existence of the sealed record and the right to seek a court
order to open it pursuant to this section.
Sec. 5. Minnesota Statutes 1995 Supplement, section
299C.11, is amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
(a) The sheriff of each county and the chief of police of
each city of the first, second, and third classes shall furnish
the bureau, upon such form as the superintendent shall
prescribe, with such finger and thumb prints, photographs,
distinctive physical mark identification data, and other
identification data as may be requested or required by the
superintendent of the bureau, which may be taken under the
provisions of section 299C.10, of persons who shall be convicted
of a felony, gross misdemeanor, or who shall be found to have
been convicted of a felony or gross misdemeanor, within ten
years next preceding their arrest.
(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall,
upon demand, return to the arrested person finger and thumb
prints, photographs, distinctive physical mark identification
data, and other identification data, and all copies and
duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall,
upon demand, have all such seal finger and thumb prints,
photographs, distinctive physical mark identification data, and
other identification data, and all copies and
duplicates thereof, returned, provided it is not established
that the arrested person of them if the arrested person has not
been convicted of any felony or gross misdemeanor, either within
or without the state, within the period of ten years immediately
preceding such determination.
(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
(e) For purposes of this section, "determination of all
pending criminal actions or proceedings in favor of the arrested
person" does not include:
(1) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or 609.168, or chapter 609A; or
(2) the arrested person's successful completion of a
diversion program;
(3) an order of discharge under section 609.165; or
(4) a pardon granted under section 638.02.
Sec. 6. Minnesota Statutes 1994, section 299C.13, is
amended to read:
299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.]
Upon receipt of information data as to any arrested person,
the bureau shall immediately ascertain whether the person
arrested has a criminal record or is a fugitive from justice,
and shall at once inform the arresting officer of the facts
ascertained. Upon application by any sheriff, chief of police,
or other peace officer in the state, or by an officer of the
United States or by an officer of another state, territory, or
government duly authorized to receive the same and effecting
reciprocal interchange of similar information with the division,
it shall be the duty of the bureau to furnish all information in
its possession pertaining to the identification of any person.
If the bureau has a sealed record on the arrested person, it
shall notify the requesting peace officer of that fact and of
the right to seek a court order to open the record for purposes
of law enforcement. A criminal justice agency shall be
notified, upon request, of the existence and contents of a
sealed record containing conviction information about an
applicant for employment. For purposes of this section a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.
Sec. 7. [609A.01] [CRIMINAL RECORDS EXPUNGEMENT.]
This chapter provides the grounds and procedures for
expungement of criminal records under sections 13.82; 152.18,
subdivision 1; 299C.11, where a petition is authorized under
section 609A.02, subdivision 3; or other applicable law. The
remedy available is limited to a court order sealing the records
and prohibiting the disclosure of their existence or their
opening except under court order or statutory authority.
Nothing in this chapter authorizes the destruction of records or
their return to the subject of the records.
Sec. 8. [609A.02] [GROUNDS FOR ORDER.]
Subdivision 1. [CERTAIN CONTROLLED SUBSTANCE
OFFENSES.] Upon the dismissal and discharge of proceedings
against a person under section 152.18, subdivision 1, for
violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance, the person may petition under section
609A.03 for the sealing of all records relating to the arrest,
indictment or information, trial, and dismissal and discharge.
Subd. 2. [JUVENILES PROSECUTED AS ADULTS.] A petition for
the sealing of a conviction record may be filed under section
609A.03 by 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 section 260.125, if the
person:
(1) is finally discharged by the commissioner; or
(2) has been placed on probation by the court under section
609.135 and has been discharged from probation after
satisfactory fulfillment of it.
Subd. 3. [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A
CONVICTION.] A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to
section 299C.11, paragraph (b), and if all pending actions or
proceedings were resolved in favor of the petitioner.
Subd. 4. [EXPUNGEMENT PROHIBITED.] Records of a conviction
of an offense for which registration is required under section
243.166 may not be expunged.
Sec. 9. [609A.03] [PETITION TO EXPUNGE CRIMINAL RECORDS.]
Subdivision 1. [PETITION; FILING FEE.] An individual who
is the subject of a criminal record who is seeking the
expungement of the record shall file a petition under this
section and pay a filing fee in the amount required under
section 357.021, subdivision 2, clause (1). The filing fee may
be waived in cases of indigency and shall be waived in the cases
described in section 609A.02, subdivision 3.
Subd. 2. [CONTENTS OF PETITION.] A petition for
expungement shall be signed under oath by the petitioner and
shall state the following:
(1) the petitioner's full name and all other legal names or
aliases by which the petitioner has been known at any time;
(2) the petitioner's date of birth;
(3) all of the petitioner's addresses from the date of the
offense or alleged offense in connection with which an
expungement order is sought, to the date of the petition;
(4) why expungement is sought, if it is for employment or
licensure purposes, the statutory or other legal authority under
which it is sought, and why it should be granted;
(5) the details of the offense or arrest for which
expungement is sought, including date and jurisdiction of the
occurrence, court file number, and date of conviction or of
dismissal;
(6) in the case of a conviction, what steps the petitioner
has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal
history that demonstrates rehabilitation;
(7) petitioner's criminal conviction record indicating all
convictions for misdemeanors, gross misdemeanors, or felonies in
this state, and for all comparable convictions in any other
state, federal court, or foreign country, whether the
convictions occurred before or after the arrest or conviction
for which expungement is sought; and
(8) all prior requests by the petitioner, whether for the
present offense or for any other offenses, in this state or any
other state or federal court, for pardon, return of arrest
records, or expungement or sealing of a criminal record, whether
granted or not, and all stays of adjudication or imposition of
sentence involving the petitioner.
Subd. 3. [SERVICE OF PETITION.] The petition for
expungement and a proposed expungement order shall be served by
mail on the state and local government agencies and
jurisdictions whose records would be affected by the proposed
order. Service shall also be made by mail on the attorney for
each agency and jurisdiction.
Subd. 4. [HEARING.] A hearing on the petition shall be
held not sooner than 60 days after service of the petition.
Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS
RESTRICTION.] (a) Expungement of a criminal record is an
extraordinary remedy to be granted only upon clear and
convincing evidence that it would yield a benefit to the
petitioner commensurate with the disadvantages to the public and
public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue,
enforce, and monitor an expungement order.
(b) If the petitioner is petitioning for the sealing of a
criminal record under section 609A.02, subdivision 3, the court
shall grant the petition to seal the record unless the agency or
jurisdiction whose records would be affected establishes by
clear and convincing evidence that the interests of the public
and public safety outweigh the disadvantages to the petitioner
of not sealing the record.
(c) If the court issues an expungement order it may require
that the criminal record shall be sealed, the existence of the
record shall not be revealed, and the record should not be
opened except as required under subdivision 7. Records shall
not be destroyed or returned.
(d) An order expunging the record of 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. Any person whose
record of conviction is expunged under this section and who
thereafter receives a relief of disability under United States
Code, title 18, section 925, is not subject to the restriction
in this paragraph.
Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.]
If the court orders the sealing of the record of proceedings
under section 152.18, the effect of the order shall be to
restore the person, in the contemplation of the law, to the
status the person occupied before the arrest, indictment, or
information. The person shall not be held guilty of perjury or
otherwise of giving a false statement if the person fails to
acknowledge the arrest, indictment, information, or trial in
response to any inquiry made for any purpose.
Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an
expungement order related to a charge supported by probable
cause, the DNA samples and DNA records held by the bureau of
criminal apprehension shall not be sealed, returned, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; and
(2) an expunged record of a conviction may be opened for
purposes of evaluating a prospective employee in a criminal
justice agency without a court order.
Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.
Subd. 8. [STAY OF ORDER; APPEAL.] An expungement order
shall be automatically stayed for 60 days after filing of the
order and, if the order is appealed, during the appeal period.
A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of
service of notice of filing of the order. An agency or
jurisdiction or officials or employees thereof need not file a
cost bond or supersedeas bond in order to further stay the
proceedings or file an appeal.
Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS.] If an
expungement order is issued, the court administrator shall send
a copy of it to each agency and jurisdiction whose records are
affected by the terms of the order.
Sec. 10. [REPEALER.]
Minnesota Statutes 1994, sections 152.18, subdivision 2;
242.31, subdivision 3; 609.166; 609.167; and 609.168, are
repealed.
Sec. 11. [EFFECTIVE DATE; APPLICATION.]
Section 10 is effective the day following final enactment
and applies to requests for expungement of criminal records
initiated on or after that date.
Sections 1 to 9 are effective May 1, 1996, and apply to
requests for expungement of criminal records initiated on or
after that date.
ARTICLE 10
CRIMINAL BACKGROUND CHECKS
Section 1. Minnesota Statutes 1995 Supplement, section
144.057, subdivision 1, is amended to read:
Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The
commissioner of health shall contract with the commissioner of
human services to conduct background studies of individuals
providing services which have direct contact, as defined under
section 245A.04, subdivision 3, with patients and residents in
hospitals, boarding care homes, outpatient surgical centers
licensed under sections 144.50 to 144.58; nursing homes and home
care agencies licensed under chapter 144A; residential care
homes licensed under chapter 144B, and board and lodging
establishments that are registered to provide supportive or
health supervision services under section 157.031 157.17.
If a facility or program is licensed by the department of
human services and subject to the background study provisions of
chapter 245A and is also licensed by the department of health,
the department of human services is solely responsible for the
background studies of individuals in the jointly licensed
programs.
Sec. 2. Minnesota Statutes 1995 Supplement, section
144.057, subdivision 3, is amended to read:
Subd. 3. [RECONSIDERATIONS.] The commissioner of health
shall review and decide reconsideration requests, including the
granting of variances, in accordance with the procedures and
criteria contained in chapter 245A and Minnesota Rules, parts
9543.3000 to 9543.3090. The commissioner's decision shall be
provided to the individual and to the department of human
services. The commissioner's decision to grant or deny a
reconsideration of disqualification is the final administrative
agency action.
Sec. 3. Minnesota Statutes 1995 Supplement, section
144.057, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF FACILITIES.] Facilities
described in subdivision 1 shall be responsible for cooperating
with the departments in implementing the provisions of this
section. The responsibilities imposed on applicants and
licensees under chapter 245A and Minnesota Rules, parts
9543.3000 to 9543.3090, shall apply to these facilities. The
provision of section 245A.04, subdivision 3, paragraph (d) (e),
shall apply to applicants, licensees, or an individual's refusal
to cooperate with the completion of the background studies.
Sec. 4. Minnesota Statutes 1994, section 144A.46,
subdivision 5, is amended to read:
Subd. 5. [PRIOR CRIMINAL CONVICTIONS.] (a) All persons who
have or will have direct contact with clients, including the
home care provider, employees of the provider, and applicants
for employment Before the commissioner issues a license and, as
defined in the home care licensure rules promulgated by the
commissioner of health, an owner or managerial official shall be
required to disclose all criminal convictions. The commissioner
may adopt rules that may require a person who must disclose
criminal convictions under this subdivision to provide
fingerprints and releases that authorize law enforcement
agencies, including the bureau of criminal apprehension and the
Federal Bureau of Investigation, to release information about
the person's criminal convictions to the commissioner and home
care providers. The bureau of criminal apprehension, county
sheriffs, and local chiefs of police shall, if requested,
provide the commissioner with criminal conviction data available
from local, state, and national criminal record repositories,
including the criminal justice data communications network. No
person may be employed by a home care provider in a position
that involves contact with recipients of home care services nor
may any person be involved in the management, operation, or
control of a provider, if the person has been convicted of a
crime that relates to the provision of home care services or to
the position, duties, or responsibilities undertaken by that
person in the operation of the home care provider, unless the
person can provide sufficient evidence of rehabilitation. The
commissioner shall adopt rules for determining what types of
employment positions, including volunteer positions, involve
contact with recipients of home care services, and whether a
crime relates to home care services and what constitutes
sufficient evidence of rehabilitation. The rules must require
consideration of the nature and seriousness of the crime; the
relationship of the crime to the purposes of home care licensure
and regulation; the relationship of the crime to the ability,
capacity, and fitness required to perform the duties and
discharge the responsibilities of the person's position;
mitigating circumstances or social conditions surrounding the
commission of the crime; the length of time elapsed since the
crime was committed; the seriousness of the risk to the home
care client's person or property; and other factors the
commissioner considers appropriate. Data collected under this
subdivision shall be classified as private data under section
13.02, subdivision 12.
(b) Employees, contractors, and volunteers of a home care
provider or hospice are subject to the background study required
by section 144.057. These individuals shall be disqualified
under the provisions of chapter 245A and Minnesota Rules, parts
9543.3000 to 9543.3090. Until October 1, 1997, grounds for
disqualification shall also include the crimes specified under
Minnesota Rules, part 4668.0020, subpart 14, or a comparable
crime or act in another jurisdiction. Nothing in this section
shall be construed to prohibit a home care provider from
requiring self-disclosure of criminal conviction information;
however, compliance with the provisions of section 144.057
constitutes compliance with the provisions of Minnesota Rules,
part 4668.0020, subpart 8.
(c) Notwithstanding the provisions of Minnesota Rules, part
4668.0020, subparts 12, 13, and 15, disqualifications under
paragraph (b), removal from a direct care position, and the
process for reconsiderations shall be governed by the provisions
of section 144.057.
(d) Unless superseded by the provisions of section 144.057
or this section, the provisions of Minnesota Rules, part
4668.0020, remain in effect.
(b) (e) Termination of an employee in good faith reliance
on information or records obtained under paragraph (a) or (b)
regarding a confirmed conviction does not subject the home care
provider to civil liability or liability for reemployment
insurance benefits.
Sec. 5. Minnesota Statutes 1995 Supplement, section
245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the
commissioner issues a license, the commissioner shall conduct a
study of the individuals specified in paragraph (c), clauses (1)
to (5), according to rules of the commissioner.
Beginning January 1, 1997, the commissioner shall also
conduct a study of employees providing direct contact services
for nonlicensed personal care provider organizations described
in paragraph (c), clause (5).
The commissioner shall recover the cost of these background
studies through a fee of no more than $12 per study charged to
the personal care provider organization.
(b) Beginning July 1, 1997, the commissioner shall conduct
a background study on individuals specified in paragraph (c),
clauses (1) to (5), who perform direct contact services in a
nursing home or a home care agency licensed under chapter 144A
or a boarding care home licensed under sections 144.50 to
144.58, when the subject of the study resides outside Minnesota;
the study must be at least as comprehensive as that of a
Minnesota resident and include a search of information from the
criminal justice data communications network in the state where
the subject of the study resides.
(c) The applicant, license holder, the bureau of criminal
apprehension, the commissioner of health and county agencies,
after written notice to the individual who is the subject of the
study, shall help with the study by giving the commissioner
criminal conviction data and reports about abuse or neglect the
maltreatment of adults in licensed programs substantiated under
section 626.557 and the maltreatment of minors in licensed
programs substantiated under section 626.556. The individuals
to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household
where the licensed program will be provided;
(3) current employees or contractors of the applicant who
will have direct contact with persons served by the facility,
agency, or program;
(4) volunteers or student volunteers who have direct
contact with persons served by the program to provide program
services, if the contact is not directly supervised by the
individuals listed in clause (1) or (3); and
(5) any person who, as an individual or as a member of an
organization, exclusively offers, provides, or arranges for
personal care assistant services under the medical assistance
program as authorized under sections 256B.04, subdivision 16,
and 256B.0625, subdivision 19.
The juvenile courts shall also help with the study by
giving the commissioner existing juvenile court records on
individuals described in clause (2) relating to delinquency
proceedings held within either the five years immediately
preceding the application or the five years immediately
preceding the individual's 18th birthday, whichever time period
is longer. The commissioner shall destroy juvenile records
obtained pursuant to this subdivision when the subject of the
records reaches age 23.
For purposes of this section and Minnesota Rules, part
9543.3070, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state
district court.
For purposes of this subdivision, "direct contact" means
providing face-to-face care, training, supervision, counseling,
consultation, or medication assistance to persons served by a
program. For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1), (3), or (5) is within
sight or hearing of a volunteer to the extent that the
individual listed in clause (1), (3), or (5) is capable at all
times of intervening to protect the health and safety of the
persons served by the program who have direct contact with the
volunteer.
A study of an individual in clauses (1) to (5) shall be
conducted at least upon application for initial license and
reapplication for a license. The commissioner is not required
to conduct a study of an individual at the time of reapplication
for a license, other than a family day care or foster care
license, if: (i) a study of the individual was conducted either
at the time of initial licensure or when the individual became
affiliated with the license holder; (ii) the individual has been
continuously affiliated with the license holder since the last
study was conducted; and (iii) the procedure described in
paragraph (b) (d) has been implemented and was in effect
continuously since the last study was conducted. For
individuals who are required to have background studies under
clauses (1) to (5) and who have been continuously affiliated
with a foster care provider that is licensed in more than one
county, criminal conviction data may be shared among those
counties in which the foster care programs are licensed. A
county agency's receipt of criminal conviction data from another
county agency shall meet the criminal data background study
requirements of this section.
The commissioner may also conduct studies on individuals
specified in clauses (3) and (4) when the studies are initiated
by:
(i) personnel pool agencies;
(ii) temporary personnel agencies;
(iii) educational programs that train persons by providing
direct contact services in licensed programs; and
(iv) professional services agencies that are not licensed
and which contract with licensed programs to provide direct
contact services or individuals who provide direct contact
services.
Studies on individuals in items (i) to (iv) must be
initiated annually by these agencies, programs, and
individuals. Except for personal care provider organizations,
no applicant, license holder, or individual who is the subject
of the study shall pay any fees required to conduct the study.
(1) At the option of the licensed facility, rather than
initiating another background study on an individual required to
be studied who has indicated to the licensed facility that a
background study by the commissioner was previously completed,
the facility may make a request to the commissioner for
documentation of the individual's background study status,
provided that:
(i) the facility makes this request using a form provided
by the commissioner;
(ii) in making the request the facility informs the
commissioner that either:
(A) the individual has been continuously affiliated with a
licensed facility since the individual's previous background
study was completed, or since October 1, 1995, whichever is
shorter; or
(B) the individual is affiliated only with a personnel pool
agency, a temporary personnel agency, an educational program
that trains persons by providing direct contact services in
licensed programs, or a professional services agency that is not
licensed and which contracts with licensed programs to provide
direct contact services or individuals who provide direct
contact services; and
(iii) the facility provides notices to the individual as
required in paragraphs (a) to (d) of this subdivision, and that
the facility is requesting written notification of the
individual's background study status from the commissioner.
(2) The commissioner shall respond to each request under
paragraph (1) with a written notice to the facility and the
study subject. If the commissioner determines that a background
study is necessary, the study shall be completed without further
request from a licensed agency or notifications to the study
subject.
(3) When a background study is being initiated by a
licensed facility, a study subject affiliated with multiple
licensed facilities may attach to the background study form a
cover letter indicating the additional facilities' names,
addresses, and background study identification numbers. When
the commissioner receives such notices, each facility identified
by the background study subject shall be notified of the study
results. The background study notice sent to the subsequent
agencies shall satisfy those facilities' responsibilities for
initiating a background study on that individual.
(b) (d) If an individual who is affiliated with a program
or facility regulated by the department of human services or
department of health or who is affiliated with a nonlicensed
personal care provider organization, is convicted of a crime
constituting a disqualification under Minnesota Rules, parts
9543.3000 to 9543.3090, the probation officer or corrections
agent shall notify the commissioner of the conviction. The
commissioner, in consultation with the commissioner of
corrections, shall develop forms and information necessary to
implement this paragraph and shall provide the forms and
information to the commissioner of corrections for distribution
to local probation officers and corrections agents. The
commissioner shall inform individuals subject to a background
study that criminal convictions for disqualifying crimes will be
reported to the commissioner by the corrections system. A
probation officer, corrections agent, or corrections agency is
not civilly or criminally liable for disclosing or failing to
disclose the information required by this paragraph. Upon
receipt of disqualifying information, the commissioner shall
provide the notifications required in subdivision 3a, as
appropriate to agencies on record as having initiated a
background study or making a request for documentation of the
background study status of the individual. This paragraph does
not apply to family day care and foster care programs.
(c) (e) The individual who is the subject of the study must
provide the applicant or license holder with sufficient
information to ensure an accurate study including the
individual's first, middle, and last name; home address, city,
county, and state of residence for the past five years; zip
code; sex; date of birth; and driver's license number. The
applicant or license holder shall provide this information about
an individual in paragraph (a) (c), clauses (1) to (5), on forms
prescribed by the commissioner. The commissioner may request
additional information of the individual, which shall be
optional for the individual to provide, such as the individual's
social security number or race.
(d) (f) Except for child foster care, adult foster care,
and family day care homes, a study must include information from
the county agency's record of substantiated abuse or neglect of
adults in licensed programs related to names of substantiated
perpetrators of maltreatment of vulnerable adults that has been
received by the commissioner as required under section 626.557,
subdivision 9c, paragraph (i), and the commissioner's records
relating to the maltreatment of minors in licensed programs,
information from juvenile courts as required in
paragraph (a) (c) for persons listed in paragraph (a) (c),
clause (2), and information from the bureau of criminal
apprehension. For child foster care, adult foster care, and
family day care homes, the study must include information from
the county agency's record of substantiated abuse or neglect
maltreatment of adults, and the maltreatment of minors,
information from juvenile courts as required in
paragraph (a) (c) for persons listed in paragraph (a) (c),
clause (2), and information from the bureau of criminal
apprehension. The commissioner may also review arrest and
investigative information from the bureau of criminal
apprehension, the commissioner of health, a county attorney,
county sheriff, county agency, local chief of police, other
states, the courts, or a national criminal record repository the
Federal Bureau of Investigation if the commissioner has
reasonable cause to believe the information is pertinent to the
disqualification of an individual listed in paragraph (a) (c),
clauses (1) to (5). The commissioner is not required to conduct
more than one review of a subject's records from the national
criminal record repository Federal Bureau of Investigation if a
review of the subject's criminal history with the national
criminal record repository Federal Bureau of Investigation has
already been completed by the commissioner and there has been no
break in the subject's affiliation with the license holder who
initiated the background studies.
When the commissioner has reasonable cause to believe that
further pertinent information may exist on the subject, the
subject shall provide a set of classifiable fingerprints
obtained from an authorized law enforcement agency. For
purposes of requiring fingerprints, the commissioner shall be
considered to have reasonable cause under, but not limited to,
the following circumstances: (1) information from the bureau of
criminal apprehension indicates that the subject is a multistate
offender; (2) information from the bureau of criminal
apprehension indicates that multistate offender status is
undetermined; or (3) the commissioner has received a report from
the subject or a third party indicating that the subject has a
criminal history in a jurisdiction other than Minnesota.
(e) (g) An applicant's or license holder's failure or
refusal to cooperate with the commissioner is reasonable cause
to deny an application or immediately suspend, suspend, or
revoke a license. Failure or refusal of an individual to
cooperate with the study is just cause for denying or
terminating employment of the individual if the individual's
failure or refusal to cooperate could cause the applicant's
application to be denied or the license holder's license to be
immediately suspended, suspended, or revoked.
(f) (h) The commissioner shall not consider an application
to be complete until all of the information required to be
provided under this subdivision has been received.
(g) (i) No person in paragraph (a) (c), clause (1), (2),
(3), (4), or (5) who is disqualified as a result of this section
may be retained by the agency in a position involving direct
contact with persons served by the program.
(h) (j) Termination of persons in paragraph (a) (c), clause
(1), (2), (3), (4), or (5), made in good faith reliance on a
notice of disqualification provided by the commissioner shall
not subject the applicant or license holder to civil liability.
(i) (k) The commissioner may establish records to fulfill
the requirements of this section.
(j) (l) The commissioner may not disqualify an individual
subject to a study under this section because that person has,
or has had, a mental illness as defined in section 245.462,
subdivision 20.
(k) (m) An individual who is subject to an applicant
background study under this section and whose disqualification
in connection with a license would be subject to the limitations
on reconsideration set forth in subdivision 3b, paragraph (c),
shall be disqualified for conviction of the crimes specified in
the manner specified in subdivision 3b, paragraph (c). The
commissioner of human services shall amend Minnesota Rules, part
9543.3070, to conform to this section.
(l) An individual must be disqualified if it has been
determined that the individual failed to make required reports
under section 626.556, subdivision 3, or 626.557, subdivision 3,
for incidents in which: (1) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (2) the
maltreatment was recurring or serious as defined in Minnesota
Rules, part 9543.3020, subpart 10.
(m) (n) An individual subject to disqualification under
this subdivision has the applicable rights in subdivision 3a,
3b, or 3c.
Sec. 6. Minnesota Statutes 1995 Supplement, section
256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
hearings are available for the following: (1) any person
applying for, receiving or having received public assistance or
a program of social services granted by the state agency or a
county agency under sections 252.32, 256.031 to 256.036, and
256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the
federal Food Stamp Act whose application for assistance is
denied, not acted upon with reasonable promptness, or whose
assistance is suspended, reduced, terminated, or claimed to have
been incorrectly paid; (2) any patient or relative aggrieved by
an order of the commissioner under section 252.27; (3) a party
aggrieved by a ruling of a prepaid health plan; or (4) any
individual or facility determined by a lead agency to have
maltreated a vulnerable adult under section 626.557 after they
have exercised their right to administrative reconsideration
under section 626.557. The failure to exercise the right to an
administrative reconsideration shall not be a bar to a hearing
under this section if federal law provides an individual the
right to a hearing to dispute a finding of maltreatment.
Individuals and organizations specified in this section may
contest the specified action, decision, or final disposition
before the state agency by submitting a written request for a
hearing to the state agency within 30 days after receiving
written notice of the action, decision, or final disposition, or
within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause why the request
was not submitted within the 30-day time limit.
The hearing for an individual or facility under clause (4)
is the only administrative appeal to the final lead agency
disposition specifically, including a challenge to the accuracy
and completeness of data under section 13.04. Hearings
requested under clause (4) apply only to incidents of
maltreatment that occur on or after October 1, 1995. Hearings
requested by nursing assistants in nursing homes alleged to have
maltreated a resident prior to October 1, 1995, shall be held as
a contested case proceeding under the provisions of chapter 14.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
(b) Except for a prepaid health plan, a vendor of medical
care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services
under section 256E.08, subdivision 4, is not a party and may not
request a hearing under this section, except if assisting a
recipient as provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive
social services beyond the services included in the amended
community social services plan developed under section 256E.081,
subdivision 3, if the county agency has met the requirements in
section 256E.081.
Sec. 7. Minnesota Statutes 1995 Supplement, section
299C.67, subdivision 5, is amended to read:
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 144B, or
245A, or a board and lodging establishment with special services
registered under section 157.17.
Sec. 8. Minnesota Statutes 1995 Supplement, section
299C.68, subdivision 2, is amended to read:
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. The superintendent shall notify the owner in writing
of the results of the background check. If the manager has
resided in Minnesota for less than five years or upon request of
the owner, the superintendent shall also either: (1) conduct a
search of the national criminal records repository, including
the criminal justice data communications network; or (2) conduct
a search of the criminal justice data communications network
records in the state or states where the manager has resided for
the preceding five years. 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.
Sec. 9. Minnesota Statutes 1995 Supplement, section
299C.68, subdivision 5, is amended to read:
Subd. 5. [RESPONSE OF BUREAU.] The superintendent shall
respond in writing 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
clearly 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.
Sec. 10. Minnesota Statutes 1995 Supplement, section
299C.68, subdivision 6, is amended to read:
Subd. 6. [EQUIVALENT BACKGROUND CHECK.] (a) An owner may
satisfy the requirements of this section: (1) by obtaining a
copy of a completed background check that was required to be
performed by the department of human services as provided for
under sections 144.057 and 245A.04, and then placing the copy on
file with the owner; (2) in the case of a background check
performed on a manager for one residential setting when multiple
residential settings are operated by one owner, by placing the
results in a central location; or (3) 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. 11. Minnesota Statutes 1995 Supplement, section
609.2325, subdivision 3, is amended to read:
Subd. 3. [PENALTIES.] (a) A person who violates
subdivision 1, paragraph (a), clause (1), may be sentenced as
follows:
(1) if the act results in the death of a vulnerable adult,
imprisonment for not more than 15 years or payment of a fine of
not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment
for not more than ten years or payment of a fine of not more
than $20,000, or both;
(3) if the act results in substantial bodily harm or the
risk of death, imprisonment for not more than five years or
payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year
or payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1, paragraph (a),
clause (2), or paragraph (b), may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more
than $3,000, or both.
Sec. 12. Laws 1995, chapter 229, article 3, section 17, is
amended to read:
Sec. 17. [REPORT.]
By January 15, 1997, the commissioner of human services
shall report to the legislature on the implementation of the
process for reporting convictions under Minnesota Statutes,
section 245A.04, subdivision 3, paragraph (b) (d). The report
must include an analysis of any reduction in the cost of
performing background studies resulting from implementing the
process and any recommendations for modification of the fee
increases in article 4, section 21, based on a reduction in
costs.
As part of this report, the commissioner shall make
recommendations for using any cost savings to begin conducting
comparable background studies of individuals who reside outside
Minnesota but are employed or perform direct contact services in
a nursing home, home care agency, or boarding care home located
in Minnesota.
Sec. 13. [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.]
The commissioner shall amend Minnesota Rules, part
9543.3070, subpart 1, to include the offenses in paragraphs (a)
and (b) to disqualify a person for whom a background study is
required under Minnesota Statutes, section 144.057 or 245A.04.
(a) An individual must be disqualified if it has been
determined that the individual failed to make required reports
under Minnesota Statutes, section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (1) the final
disposition under Minnesota Statutes, section 626.556 or
626.557, was substantiated maltreatment; and (2) the
maltreatment was recurring or serious as defined in Minnesota
Rules, part 9543.3020, subpart 10.
(b) An individual must be disqualified if the individual
has been convicted for any of the following reasons: (1)
criminal abuse of a vulnerable adult under Minnesota Statutes,
section 609.2325; (2) criminal neglect of a vulnerable adult
under Minnesota Statutes, section 609.233; (3) financial
exploitation of a vulnerable adult under Minnesota Statutes,
section 609.2335; (4) failure to report under Minnesota
Statutes, section 609.234; or (5) stalking under Minnesota
Statutes, section 609.749.
(c) Both the commissioner's authority to make the rule
changes and the substantive language in paragraphs (a) and (b)
are effective the day following final enactment. The rule
changes described in paragraphs (a) and (b) are not subject to
the rulemaking provisions of Minnesota Statutes, chapter 14, but
the commissioner must comply with Minnesota Statutes, section
14.38, subdivision 7, in adopting the amendment.
Sec. 14. [STANDARDIZING OF CRIMINAL DISQUALIFICATION
PLAN.]
The commissioner of health, in consultation with the
commissioner of human services and the attorney general, shall
convene an advisory workgroup to develop a plan for presentation
to the 1997 legislature on recommendations and draft legislation
to standardize, as appropriate, the criminal disqualification
classifications for application to those required to comply with
the applicant background study requirements under Minnesota
Statutes, chapter 245A, Minnesota Statutes, sections 256B.04,
subdivision 16, 256B.0625, subdivision 19a, 299C.67, and
299C.71, and Minnesota Rules, part 4668.0020, and make
recommendations for legislation to replace current
disqualification crimes under all systems.
The plan shall provide for a review of the appropriateness
of standardizing disqualification classifications relative to
type of care setting, the nature of the crime, and time from the
date of discharge for the crime for which an individual can be
disqualified.
The advisory workgroup shall include representatives of
health care providers, both organizational providers and
professional providers, unions, state agencies, the attorney
general's office, and consumer groups.
The plan, including recommendations and draft legislation,
must be reported to the chairs of the senate crime prevention
committee and the house of representatives judiciary committee
by January 15, 1997.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 14 are effective the day following final
enactment.
ARTICLE 11
MISCELLANEOUS
Section 1. Minnesota Statutes 1994, section 2.724,
subdivision 3, is amended to read:
Subd. 3. [RETIRED JUSTICES AND JUDGES.] (a) The chief
justice of the supreme court may assign a retired justice of the
supreme court to act as a justice of the supreme court pursuant
to subdivision 2 or as a judge of any other court. The chief
justice may assign a retired judge of any court to act as a
judge of any court except the supreme court. A judge acting
pursuant to this subdivision paragraph shall receive pay and
expenses in the amount and manner provided by law for judges
serving on the court to which the retired judge is assigned,
less the amount of retirement pay which the judge is receiving.
(b) A judge who has been elected to office and who has
retired as a judge in good standing and is not practicing law
may also be appointed to serve as judge of any court except the
supreme court. A retired judge acting under this paragraph will
receive pay and expenses in the amount established by the
supreme court.
Sec. 2. Minnesota Statutes 1994, section 152.02,
subdivision 2, is amended to read:
Subd. 2. The following items are listed in Schedule I:
(1) Any of the following substances, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, unless specifically excepted, whenever the existence
of such isomers, esters, ethers and salts is possible within the
specific chemical designation: Acetylmethadol; Allylprodine;
Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine;
Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene;
Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene;
Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine;
Noracymethadol; Norlevorphanol; Normethadone; Norpipanone;
Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine;
Piritramide; Proheptazine; Properidine; Racemoramide;
Trimeperidine.
(2) Any of the following opium derivatives, their salts,
isomers and salts of isomers, unless specifically excepted,
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine;
Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine;
Desomorphine; Dihydromorphine; Etorphine; Heroin;
Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine
methylbromide; Morphine methylsulfonate; Morphine-N-Oxide;
Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine;
Thebacon.
(3) Any material, compound, mixture or preparation which
contains any quantity of the following hallucinogenic
substances, their salts, isomers and salts of isomers, unless
specifically excepted, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific
chemical designation: 3,4-methylenedioxy amphetamine;
4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine;
4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine;
Bufotenine; Diethyltryptamine; Dimethyltryptamine;
3,4,5-trimethoxy amphetamine; 4-methyl-2,
5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide;
marijuana; Mescaline; N-ethyl-3-piperidyl benzilate;
N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn;
Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine;
n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
pyrrolidine.
(4) Peyote, providing the listing of peyote as a
controlled substance in schedule I does not apply to the nondrug
use of peyote in bona fide religious ceremonies of the American
Indian Church, and members of the American Indian Church are
exempt from registration. Any person who manufactures peyote
for or distributes peyote to the American Indian Church,
however, is required to obtain federal registration annually and
to comply with all other requirements of law.
(5) Unless specifically excepted or unless listed in
another schedule, any material compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Mecloqualone;
Flunitrazepam.
Sec. 3. Minnesota Statutes 1994, section 168.36, is
amended by adding a subdivision to read:
Subd. 4. [OFFICER MAY SEIZE REGISTRATION PLATES.] If a
peace officer stops a motor vehicle and determines, through a
check of the motor vehicle registration record system, that the
vehicle is being operated while the certificate of registration
for the vehicle is revoked, the officer may immediately seize
the vehicle's registration plates and destroy the plates or
return them to the commissioner of public safety.
Sec. 4. Minnesota Statutes 1994, section 181.9412, is
amended to read:
181.9412 [SCHOOL CONFERENCE AND ACTIVITIES LEAVE.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"employee" does not include the requirement of section 181.940,
subdivision 2, clause (1).
Subd. 2. [LEAVE OF 16 HOURS.] (a) An employer must grant
an employee leave of up to a total of 16 hours during any
12-month period to attend school conferences or classroom
school-related activities related to the employee's child,
provided the conferences or classroom school-related activities
cannot be scheduled during nonwork hours. If the employee's
child receives child care services as defined in section
256H.01, subdivision 2, or attends a prekindergarten regular or
special education program, the employee may use the leave time
provided in this section to attend a conference or activity
related to the employee's child, or to observe and monitor the
services or program, provided the conference, activity, or
observation cannot be scheduled during nonwork hours. When the
leave cannot be scheduled during nonwork hours and the need for
the leave is foreseeable, the employee must provide reasonable
prior notice of the leave and make a reasonable effort to
schedule the leave so as not to disrupt unduly the operations of
the employer.
(b) Nothing in this section requires that the leave be
paid; except that, an employee may substitute any accrued paid
vacation leave or other appropriate paid leave for any part of
the leave under this section.
Sec. 5. Minnesota Statutes 1995 Supplement, 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 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 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 of them, with its
recommendations, to the supreme court. Upon consideration of
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. This fee, and any other fees
which may be received pursuant to any rules the supreme court
promulgates adopts 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 which shall be exempt from section
16A.127. The moneys money in this fund are is 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 money
in the fund shall never cancel. Payments 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
compensation and allowances for expenses as may, from time to
time, be fixed by the supreme court.
Sec. 6. Minnesota Statutes 1994, section 490.15, is
amended by adding a subdivision to read:
Subd. 3. The salary of the executive secretary of the
board shall be 85 percent of the maximum salary provided for an
administrative law judge under section 15A.083, subdivision 6a.
Sec. 7. [609.5319] [FINANCIAL INSTITUTION SECURED
INTEREST.]
Property that is subject to a bona fide security interest,
based upon a loan or other financing arranged by a bank, credit
union, or any other financial institution, is subject to the
interest of the bank, credit union, or other financial
institution in any forfeiture proceeding that is based upon a
violation of any provision of chapter 609 or the commission of
any other criminal act. The security interest must be
established by clear and convincing evidence.
Sec. 8. Minnesota Statutes 1994, section 611.271, is
amended to read:
611.271 [COPIES OF DOCUMENTS; FEES.]
The court administrators of courts, the prosecuting
attorneys of counties and municipalities, and the law
enforcement agencies of the state and its political subdivisions
shall furnish, upon the request of the district public defender,
the state public defender, or an attorney working for a public
defense corporation under section 611.216, copies of any
documents, including police reports, in their possession at no
charge to the public defender, including the following: police
reports, photographs, copies of existing grand jury transcripts,
audiotapes, videotapes, copies of existing transcripts of
audiotapes or videotapes and, in child protection cases, reports
prepared by local welfare agencies. Nothing in this section
shall compel production of documents that are not discoverable
under the rules of court, court order, or chapter 13.
Sec. 9. Laws 1991, chapter 271, section 9, is amended to
read:
Sec. 9. [REPEALER.]
Section 5 is repealed effective July 1, 1996 1997, for
cases filed on or after that date.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 3, 5, 7, and 8 are effective August 1, 1996.
Section 6 is effective July 1, 1997.
Section 9 is effective the day following final enactment.
Section 4 is effective July 1, 1996.
Presented to the governor March 29, 1996
Signed by the governor April 2, 1996, 10:30 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes